Sporting Integrity:
Rule Compliance and Investigations
Presented by
Paul Horvath, Principal
Andrew Vincent, Lawyer
www.sportslawyer.com.au
Today’s presentation:
Compliance, Integrity, Misconduct
and Investigations
1.
2.
3.
Main Basis for Disciplining Athletes, Officials
etc is under the Contract of Employment
Policies, By-Laws, Rules and Codes of
Conduct also are applied – incorporated
under contract or part of membership
agreement, affiliation agreement etc.
Workplace investigations
www.sportslawyer.com.au
www.sportslawyer.com.au
Recent Integrity and
Compliance Issues in Sport
In Competition
 Doping – Essendon; Lance Armstrong
Out of Competition
 Gambling in Sport & Match Fixing
 Illicit (recreational) Drugs
 Alcohol related incidents - assaults
www.sportslawyer.com.au
Fascination with Athletes on
the wrong side of the law
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The incidence of professional and elite
athletes and their indiscretions is far lower
amongst athletes than the general population.
Positive IDP drug tests in AFL – 26 in 2012,
(1979 tests ie .0131%); 15 in 2013 (1998
tests ie. .0075)
Around 15% of the population have used an
illicit drug in the past 12 months – cannabis
(60%); methamphetamine (10%) and ecstacy
(10%)
www.sportslawyer.com.au
The athlete contract

Athlete contracts now are complex and
lengthy; numerous rules, codes & policies
may be incorporated into the athlete contract
in order to maintain this higher standard.
 For example: the World Anti-Doping
Authority (WADA) code applies to all
professional athletes in Australia which
applies in a strict liability manner – athlete
is presumed guilty.
www.sportslawyer.com.au
Sporting associations derive their right to act against
players for “on-field” and "off-field" behaviour under the
playing contract if the athlete is deemed to have
"brought the game/sport into disrepute".
Case example: Nick D’Arcy on the following slide.
This phrase is intentionally broad to capture any
behaviour by the athlete as athletes are often deemed
to be 24/7 role models.
This is because it is necessary for a sporting club or
association to protect its brand and reputation. It relies
on sponsorship revenue and sponsors cannot afford to
be associated with misconduct, criminality or illicit
substance abuse.
www.sportslawyer.com.au
Case examples: The athlete contract
– personal conduct policies
compared
Nick D’Arcy case:

The relevant Australian Olympic team Code of
Conduct states that the athlete must not: “(7) have
not engaged at any time in conduct which (a) is
publicly known and in the absolute discretion of the
President of the AOC…….has brought or would be
likely to bring the athlete, the athlete’s sport, the
AOC or the Team into disrepute or censure”.
www.sportslawyer.com.au
www.sportslawyer.com.au
2012 London Olympics –
pre-games
Athletics – John Steffensen – 2012 breach of
IAAF Rules (international) and AA By-Laws &
Olympic team agreement – conduct prejudicial
and brought sport into disrepute; breach of AA
Code of Conduct for AA team members –
breach of media policy to “not criticise or
disparage the company (AA)…”; athletes to
“conduct themselves in a proper and
professional manner…to ensure squad
harmony…”
www.sportslawyer.com.au
Offence & Penalty
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John Steffensen – pre 2012 London Olympics
said AA CEO was a liar and that he had been
discriminated against/racially vilified by AA on
many teams - charged with bringing sport into
disrepute following investigation – accepted
findings and made submission on penalty –
six (6) months suspension because of
previous indiscretion.
NB: challenge to investigator – conflict of
interest alleged – live issue in many
workplaces
www.sportslawyer.com.au
Bringing the sport into
disrepute – case settled, no
guilty plea; agreed penalties
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The Essendon Football Club was sanctioned by the AFL for its
supplements program during the 2011 and 2012 AFL seasons.
Penalties include:
 Being ruled ineligible to play in the 2013 AFL finals series;
 Loss of first and second round draft picks in the 2013 and 2014
AFL Drafts; and
 Receiving an Australian sporting record fine of $2 million.
Penalties for individuals include:
 Suspension for senior coach James Hird for 12 months (backdated
from 25 August 2013)
 Suspension for operations manager Danny Corcoran for 4 months
(starting from October 2013 with a further 2 months withheld)
 $30,000 fine for assistant coach Mark Thompson.
www.sportslawyer.com.au
Official at 2007 FINA Melbourne
World Swimming
Championships
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2007 – Zubkov – swim coach – life FINA ban
reduced to 8 months by CAS – guilty of
‘misbehaviour’ but did not bring the sport
into disrepute
The act must cause the public to think less of
the sport; must affect the promotion and
encourgaement of swimming throughout the
world – FINA did not show evidence of this
www.sportslawyer.com.au
An example of “off-field”
misbehaviour discipline
– not sport related
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The Queensland Crime and Corruption Commission has alleged that Karmichael Hunt,
Beau Falloon and Jamie Dowling arranged for the supply of cocaine for personal use
or to on-supply to friends and colleagues between June and December 2014.
These players were stood down by the club pending the outcome of their hearing but
have been reinstated as of the 17th of March, pending the outcome of their court
proceedings in May.
 Hunt has since plead guilty to four charges of cocaine possession, receiving a
$2,500 fine and no conviction from the Southport Magistrates Court.
 The Australian Rugby Union and Queensland Rugby Union further suspended
Hunt for six weeks and fined him a further $30,000.
The Titans are still without a major sponsor and have had to move their home ground
(The Southport School) as in the “circumstances it is not appropriate for the team's
training facilities to be based in an education facility among impressionable young
people," Gold Coast Titans chief executive Graham Annesley said in a statement.
www.sportslawyer.com.au
Another example of “offfield” misbehaviour discipline
Stephanie Rice posted a homophobic
slur on Twitter saying “Suck on that
faggots!” following the Wallabies’ win
over Springboks in 2010.
 Despite her public apology, Jaguar
terminated their sponsorship deal with
her.

www.sportslawyer.com.au
On Field Misbehaviour
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Leigh Matthews (VFL) N Bruns – GB Bond
Barry Hall/Brent Staker – 7 weeks, lucky no police
charges
Most on-field misbehaviour results in tribunal
hearings under the sport’s rules
Includes: racial comments; actions “behind play”;
unsportsmanlike conduct
Ryan Tandy (NRL), jailed Pakistan cricketers &
Southern Stars soccer team, Melb. – match fixing
Other examples?
www.sportslawyer.com.au
Examples of athletes charged with
criminal offences
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Greg Inglis – assault on girlfriend – diversion (caution) –
legal fees $90k
Gary Niewand – Olympic Cyclist – 4 Olympic medals &
World Champ – depression post cycling – 18 months jail
for repeated intervention order breaches against ex
girlfriend
Nathan Baggaley – kayaker – 9/5 yrs jail, drug trafficking
Scott Miller – Olympic silver medallist – drug trafficking –
Community service (2009); suspended sentence 2014;
60 minutes, sad story
Marion Jones – 6 months jail – perjury
Any other examples?
www.sportslawyer.com.au
Other disciplinary penalties
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Wendell Sailor – two years for cocaine use taken
outside competition but minor traces in system on
game day
Lance Armstrong – life ban for systematic doping,
non-co-operation and deceit – now seeking
reduction
Tyler Hamilton (cyclist) – 6 month ban, gave
evidence against Armstrong – made $M’s in pro
cycling
Alex Rodriguez – US baseball – suspended 162
games or a full season – used human growth
hormones
www.sportslawyer.com.au
Workplace Investigations
1.
2.
3.
4.
Workplace investigations
Play true -WADA
Practice
Anything more – legal framework
www.sportslawyer.com.au
WADA – Play True

https://www.youtube.com/watch?v=XsTYYGELvFc#action=share
www.sportslawyer.com.au
WADA – the best & worst of
us

Sport brings out the best in us
 dedication, courage, hard work & respect
Athletes who use PED cheat everyone –
mostly themselves
 Sport is about equality – who knew?
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www.sportslawyer.com.au
Workplace investigations are…
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An enquiry into an allegation of behavioural
misconduct by an organisation
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May be an investigation arising from an complaint from
one employee against another
Misconduct
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Bullying,
Discrimination
Fraud
Harassment
www.sportslawyer.com.au
Workplace investigations features
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What type of investigation should I undertake?
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What are the key steps
 scope, allegations, plan, interviews, evaluate
& decision
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What evidence should I collect?
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What evidence is relevant?
What do I do with contradictory evidence?
www.sportslawyer.com.au
Reconciling theory with
practice
www.sportslawyer.com.au
There is nothing more – legal
principles
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Procedural fairness (natural justice)
1.
2.
3.
The person accused should know of the nature
of the accusation
Be provided with the opportunity to state their
case, and
Tribunal should act in good faith
I do not think there is really anything more*
www.sportslawyer.com.au
Put another way
Duty to act in accordance with the
requirements of procedural justice
excludes the right to decide to
arbitrarily, irrationally, or unreasonably
 It excludes the right to act on
preconceived prejudices or suspicions
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www.sportslawyer.com.au
Take homes
Procedural fairness is a means to
reconcile workplace/organisations
aspirations with realities of conducting
investigation
 A fair go all round – complainant,
respondent, investigator &
organisation
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www.sportslawyer.com.au
Level 4, 179 Queen Street
MELBOURNE VIC 3000
(03) 9642 0435
paul@sportslawyer.com.au
www.sportslawyer.com.au
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