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The CAS confirms the life ban imposed on Rosnick Grant, Former Vice-President of the Haitian Football Federation, following acts of harassment and sexual abuse

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In the proceedings between Mr Rosnick Grant and the Fédération Internationale de Football Association (FIFA), the Court of Arbitration for Sport (CAS) has decided to confirm the life ban imposed on Mr Rosnick Grant, former Vice-President and Head of Referees of the Haitian Football Federation (FHF), by the Adjudicatory Chamber of the FIFA Ethics Committee for violation of Article 23 (protection of physical and mental integrity) and Article 25 (abuse of power) of the FIFA Code of Ethics in connection with acts of harassment, sexual abuse, threats and coercion against female referees. The fine of CHF 100,000 initially imposed on Mr Rosnick Grant was reduced to CHF 35,000.

In May 2020, the Investigatory Chamber of the FIFA Ethics Committee opened an investigation into Mr Yves Jean-Bart, former President of the FHF, who was suspected of having coerced several female players from the National Technical Centre in Croix-des-Bouquets into having sexual relations with him. During the proceedings, the Investigatory Chamber identified Mr Rosnick Grant as one of the perpetrators of sexual abuse and opened an investigation against him in August 2020. On 22 July 2021, based on the final report of the FIFA Ethics Committee, the testimony of a victim, the statements of Mr Rosnick Grant, and the statements of the Chairman of the Investigation Chamber of the FIFA Ethics Committee, the Adjudicatory Chamber of the FIFA Ethics Committee issued the Challenged Decision.

On 6 October 2021, Mr Rosnick Grant filed an appeal at CAS requesting the annulment of the Challenged Decision, claiming that he was innocent of the charges against him. A CAS Panel of three arbitrators, composed of Mr Alexander McLin, President (Switzerland/USA), Prof. Gérald Simon (France) and Mr José J. Pintó (Spain), was constituted to decide the appeal. A hearing was held on 15 and 16 February 2023, during which numerous witnesses were heard, some of whom benefited from special protective measures.

As a basis for its decision, the Arbitral Panel considered the testimony of a victim, who had travelled to Switzerland for the hearing, to be accurate, coherent and credible. The Panel also noted the inconsistency and imprecision in the statements of the witnesses called by Mr Rosnick Grant, most of whom stated, in a contradictory and unconvincing manner, that the accusations against Mr Rosnick Grant were the result of a conspiracy against him. Finally, the Arbitral Panel found that the fine imposed on Mr Rosnick Grant was disproportionate to the salary conditions he was subject to in Haiti.

In conclusion, the Arbitral Panel found that the evidence against Mr Rosnick Grant regarding the sexual abuse charges was sufficiently convincing and that, as a result, the sanction imposed on Mr Rosnick Grant by the Court should be confirmed, with the exception of the fine, which was reduced to CHF 35'000. This decision comes a few weeks after another CAS decision concerning the former President of the FHF, Mr. Yves Jean-Bart, who was released from the sanctions imposed on him by FIFA due to insufficient evidence. That CAS decision is currently being appealed to the Swiss Federal Tribunal.

The Canadian Centre for Ethics in Sport Signs on to Abuse-Free Sport

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The Canadian Centre for Ethics in Sport (CCES) is pleased to announce that it has signed an agreement to join Abuse-Free Sport, the new independent program to prevent and address maltreatment in sport.

The CCES and its stakeholders (board members, employees, casual staff, volunteers, and contractors) will have access to the services of the Office of the Sport Integrity Commissioner (OSIC), which serves as the central hub of Abuse-Free Sport, effective March 29.

“The CCES recognizes that safe sport is everyone’s responsibility. We’re fully committed to doing our part to support a growing national movement that is changing the culture of sport in this country. As part of that commitment, we’re pleased to sign on to Abuse-Free Sport and to have the OSIC administer our safe sport complaints,” said Jeremy Luke, CEO and President of the CCES. 

In addition to the CCES joining the Abuse-Free Sport program, the current Independent Third Party (ITP) services led by Hugh Fraser will remain in place for complaints not covered by the the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS). Anonymous complaints can be submitted to the ITP by email to This email address is being protected from spambots. You need JavaScript enabled to view it..

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The Court of Arbitration for Sport (CAS) reduces the Period of Inegibility of Oleg Verniaiev to Two Years

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The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration between the Ukrainian gymnast Oleg Verniaiev (the Athlete), the Gymnastics Ethics Foundation (GEF) and the International Gymnastics Federation (FIG) relating to the decision issued by GEF Disciplinary Commission dated 12 July 2021 (the Challenged Decision) in which the Athlete was found to have breached Art. 10.2.1.1 of the FIG Anti-Doping Rules (“ADR”) (presence of Meldonium in his urine sample of 26 August 2020) and sanctioned with a four-year period of ineligibility starting on 5 November 2020.

The CAS Panel partially upheld the appeal and reduced the four-year period of ineligibility to two years, still commencing on 5 November 2020, which was the first day of the Athlete’s provisional suspension.

On 26 August 2020, the Athlete was the subject of an out of competition doping control test. Laboratory analysis of the urine sample provided by the Athlete revealed the presence of Meldonium, a prohibited substance under the 2020 World Anti-Doping Agency (WADA) Prohibited List (hormone and metabolic modulators). On 5 November 2020, the Athlete was informed of the Adverse Analytical Finding (AAF) and accepted a provisional suspension. Following an investigation, on 12 July 2021, the GEF Disciplinary Commission issued the Challenged Decision.

During the CAS proceedings the Athlete submitted that the source of the Meldonium was contaminated food products, requested that the Challenged Decision be annulled, and that the period of ineligibility be reduced. On 15 December 2022, the CAS Panel held a hearing with the parties by video conference.

Following the hearing, the Panel deliberated and concluded that while the ADRV was upheld there was grounds for a reduction in the period of ineligibility from four years to two years. Accordingly, the Athlete was subject to a two-year period of ineligibility starting on 5 November 2020 which has now concluded.

Three Global Experts Join the ARF Council on Anti-Illegal Betting & Related Financial Crime

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The Asian Racing Federation’s Council on Anti-Illegal Betting & Related Financial Crime (ARF Council) announced today that it has expanded its membership to include three new experts to support integrity in racing and other sports:

  • Mr. Kim Kelly, former Chief Stipendiary Steward, The Hong Kong Jockey Club;
  • Mr. Michael Phelan, former CEO, Australian Criminal Intelligence Commission (ACIC); and
  • Mr. Luca Esposito, General Secretary, United Lotteries for Integrity in Sport (formerly Global Lottery Monitoring System) / Executive Director, World Lottery Association.

All three have significant experience in upholding integrity of racing and other sports or combatting financial crime.

Martin Purbrick, Chairperson of the ARF Council said that “Mr. Kim Kelly is one of the most respected Stipendiary Stewards in the world of horse racing. Kim’s membership will be of great benefit to the Council’s work as it seeks to highlight how the racing model of integrity works effectively to counter the negative influence from illegal betting markets, as well as provide guidance on how horse racing’s stewarding model in racing works alongside betting analysis to detect issues in the sport and react appropriately. Mr. Michael Phelan is one of the most senior former law enforcement officers in Australia, having had a career of more than 30 years with the ACIC as well as the Australian Federal Police (AFP). Michael is a lifelong horse racing fan and will strengthen our efforts to show how horse racing has the most effective approach to integrity of all sports. Mr. Luca Esposito is a valuable addition to the Council due to his knowledge and experience of technology in betting and he brings further alignment between the ARFCouncil and the legal betting industry regarding the problem of illegal betting.”

With the addition of these new members, the ARF Council now comprises 24 experts in sports and racing integrity, law enforcement, academia, and intergovernmental relations.

About the ARF and the ARF Council

The ARF is a regional federation comprising 28 national racing authorities and racing-related organisations from across Asia, Oceania, Africa and the Middle East.

The ARF is formally linked with the International Federation of Horseracing Authorities (IFHA). Australia, Hong Kong and Japan have permanent seats representing the ARF on the Executive Council of the IFHA, and the ARF also nominates one of two rotational positions on the IFHA Executive Council.

Horse racing is a participation sport with riders who are exceptional participant athletes. Racing as a sport brings positive social outcomes, which are education (of participants), employment, economic productivity, and public participation (of large audiences across societies where racing takes place).

The above contributions made by ARF members result in a wide range of positive societal benefits. These are the result of a sport operating within clear legal boundaries and supporting legal licensed betting products that are part of the entertainment around racing. This legal basis is a key part of our belief in the importance of a positive economic and social contribution by the sport of horse racing.

The Asian Racing Federation Council on Anti-illegal Betting and Related Financial Crime (ARF Council) was established in 2017 as a think tank aimed at combatting illegal betting and related financial crime. The ARF Council now comprises 24 members from organisations engaged in horse racing and sports integrity, law enforcement, the United Nations, and academia.

The ARF Council’s purpose is to research and share the scale and negative impacts of illegal betting, particularly as it relates to horse racing and sports integrity, and to foster international collaboration among stakeholders, such as horse racing operators and authorities, gambling regulators, law enforcement agencies, and government policy makers to raise awareness of the threat and to combat the negative impact of illegal betting and other financial crimes to horse racing, other sports, and to society.

AFC condemns unprovoked attack on Al Husseini Stadium by Israeli forces

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Kuala Lumpur: The Asian Football Confederation (AFC) strongly condemns the unprovoked and horrific attack launched by Israeli forces on players and spectators during the Abu Ammar Cup Final match between Balata FC and Jabal Al Mukabber at the Faisal Al Husseini International Stadium in al-Ram on Thursday night.
 
Tear gas and rubber encased bullets were used by the Israeli forces during the assault, which led to the match being halted as several Palestinian players and fans, including children and women, suffered from breathlessness due to tear gas inhalation and had to be treated with both pitchside and in hospital.
 
The AFC calls for an immediate end to all acts of violence by the Israeli forces against the Palestinian people and stands in firm solidarity with the Palestine Football Association and the Palestinian football community.

Anti-Doping Steering Committee presents first Report to Kenyan Government

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ATHLETICS INTEGRITY UNIT, 1 1 ST FLOOR, 6 QUAI ANTOINE 1ER, MC 98007, MONACO PRESS RELEASE ANTI-DOPING STEERING COMMITTEE PRESENTS FIRST REPORT TO KENYAN GOVERNMENT

31 MARCH 2023, MONACO: Member of the Anti-Doping Steering Committee spearheading the fight against doping in Kenyan athletics, Brett Clothier, says the Kenyan Government’s US$25 million commitment to the special project for the next five years gives the Committee the financial muscle to deal with the major problem.

Speaking in Nairobi today as the Committee presented its first Kenya Anti-Doping Report to the Kenyan Government, Clothier – who is Head of the Athletics Integrity Unit (AIU) – lauded the Government for supporting the eradication of doping in Kenyan athletics.

“We must commend the Government of Kenya for the excellent commitment, which will help neutralise the doping menace and keep Kenya’s athletics arena clean. This will be a long road, but as the AIU, we are very glad to contribute to this government initiative that seeks to end doping in Kenya,” said Clothier.

The Anti-Doping Steering Committee – comprising representatives from the AIU, the Anti-Doping Agency of Kenya (ADAK) and Athletics Kenya (AK) – has developed a roadmap geared at combatting the doping scourge among Kenyan athletes, with a view to reducing doping substantially. Among the plans outlined in its first report, the Committee has indicated it will draw upon the extensive expertise of a multiagency team to investigate and prosecute doping matters. It will also increase testing among Kenyan athletes as well as enhance educational and integrity programmes for athletes and athlete personnel. Clothier stressed, however, that in its quest to clean up Kenyan athletics, the Steering Committee expects to initially be confronted with a higher number of doping cases as it ramps up testing and its overall integrity vigilance.

Principal Secretary for the State Department for Sports, the Honourable Jonathan Mueke, and Chief Administrative Secretary for the department, the Honourable Wesley Korir (2012 Boston Marathon winner), received the report on behalf of the Kenyan Government. Mueke commented that the report presented an implementation strategy that will see Kenya eradicate doping from its sporting ecosystem.

“The ministry is satisfied with the work that has been done by this Committee, culminating in the establishment of this report,” he said.

“We are confident that, with the strategies contained in this report, we are going to completely bring the doping menace under control in Kenya.”

Stating that doping is a matter of strategic interest to Kenya, Mueke stressed no effort will be spared to ensure the scourge is neutralised. He challenged Kenyan athletes to continue flying the Kenyan flag high by running cleanly.

Athletics Kenya President Lt Gen. Jackson Tuwei added that Kenya is a globallyknown sporting nation – an athletics powerhouse – and therefore it is the country’s responsibility to maintain an international reputation of competing without cheating.

Adjustments to new whip rules

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As part of the ongoing roll out of the new whip rules the British Horseracing Authority (BHA) has engaged in ongoing communication with the Professional Jockeys Association (PJA) and senior jockeys from both codes.

As a result of this constructive dialogue and the BHA’s monitoring of bedding-in period and implementation, a selection of small adjustments have been introduced to the rules and processes involved, as below.

Brant Dunshea, Chief Regulatory Officer for the BHA, said:

“We are very grateful to the PJA and to our jockeys, both for the manner in which they continue to adapt to riding under the new rules, and their constructive engagement with the process which has helped bring about these further improvements.

“We will continue to liaise with the PJA and jockeys as we continue the roll-out and embedding of the new rules.”

  1. Repeat offences

Currently any rider who commits three offences of any type is referred to the Independent Judicial Panel. However, on an interim basis, the rule has been changed such that:

  • Any jockey will be referred to the Independent Judicial Panel following their third above permitted level-only offence within a six-month period.
  • However, a jockey will not be referred to the Independent Judicial Panel after just three ‘technical’ offences.
  • Instead, once a jockey commits five offences of any type (this can be a combination of above permitted level and other misuse offences) within a six-month period they will be referred to the Independent Judicial Panel.
  • Should a jockey be referred for either three above permitted level offences or five offences of any type, then these offences drop off their referral record so a jockey cannot be referred twice for the same offence

This is to distinguish between offences for use above the permitted level and those offences which are in relation to technique, as jockeys continue to adjust their riding styles.

This is an interim adjustment which has been put in place until the BHA and PJA hold a formal review in the summer after full implementation across both codes has passed.

  1. Suspension dates

During initial drafting of the rules it was intended that a suspension imposed by the Whip Review Committee (WRC) should be imposed 14-days from the date of the referral by the stewards.

However, following discussions with the PJA it was felt that there could be several occasions where there would be insufficient time for a jockey referred to the WRC (and suspended) to lodge an appeal, and for it to be heard prior to the suspension.

The position agreed therefore was that all suspensions imposed by the WRC should start 14-days from its written decision.

Having been through the bedding-in period, and with suspensions now being imposed, the PJA and its members have asked to have the option to serve a suspension as if imposed by stewards on a raceday.

Therefore, jockeys in receipt of a notice of suspension from the WRC will now have the option of requesting that the suspension commences 14 days after the date of the referral by the stewards, should they not wish to appeal the penalty.

Otherwise the suspension will be served 14 days from the date of the WRC decision.

  1. Riding fees

The rule has now been changed such that should a rider be disqualified from a race due to excessive use of the whip they will also forfeit their riding fee.

  1. Whip Review Committee meetings

The Whip Review Committee will now switch to meeting twice a week rather than once.

The basic structure of the WRC’s meetings will be as follows:

Meet

Rides considered

Tuesday

Previous Thursday – Sunday

Friday

Previous Monday – Wednesday

The next meeting of the WRC will be on Friday 31 March, covering rides from Monday 27 to Wednesday 29 March.

  1. Without regard to stride

References to the misuse offence ‘Without Regard to Stride’ (double strike) have been removed from the Whip Guidance. Offences of this nature will now instead be categorised as Without Time to Respond.

Clothier Tells Kenyan Athletes 'We Need Your Help'

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CLOTHIER TELLS KENYAN ATHLETES ‘WE NEED YOUR HELP’

29 MARCH 2023, MONACO: Athletics Integrity Unit (AIU) Head Brett Clothier has urged Kenyan athletes to disclose everything they know about doping in their country.

Midway through his one-week visit to the East African nation to discuss the athletics doping crisis with the authorities, he addressed an estimated 300 athletes, coaches and other support personnel in two meetings in Kapsabet (Nandi County) and Iten (Elgeyo Marakwet County) today. While praising the Kenyan Government for its US$25-million support during the next five years to combat doping in athletics, Clothier told local athletes they too have a role to play in ensuring the integrity of their sport.

“It’s good to uncover the doping cases but we also need to educate athletes on the do’s and don’ts as one way of making sure the sport is clean.

“If you see something suspicious, you just need to talk to law enforcement or the federation (Athletics Kenya) as one way of protecting the sport. We are asking for your help,” he declared.

The AIU Head disclosed the US$5 million additional funding annually from government will help to strengthen the country’s testing and education programmes for Kenyan athletes in a bid to reduce the number of Anti-Doping Rule Violations (ADRVs) which have risen significantly in recent years. It’s a problem, he noted, which requires the multi-pronged approach which the Kenyan Government is adopting.

“As a regulatory body, we are advocating for clean sports and Kenya has shown support by bringing in the ministry of sports, the poisons and pharmacy board, law enforcement, the anti-doping agency, among other stakeholders and we are glad that this will help in reducing the numbers (of doping cases) witnessed in the past. It’s a long road. It’s not going to be easy, but we have got the right platform,” said Clothier, adding that Kenya must use the opportunity of not being sanctioned by World Athletics to curb the doping prevalence.

During a courtesy call at his office, Nandi County Governor Stephen Sang said there needs to be clear roles in the fight against doping even as the national government brings in more stakeholders.

“I believe coming up with the right working framework will give the county governments a role to play because, when an athlete is flagged down, we don’t know what to do but instead try to hide because it is a shame. We all need clean sport and Kenya has to go back to where it was in terms of winning medals and practising fair competition,” said Sang.

Athletics Kenya President Lt Gen. Jackson Tuwei encouraged athletes to be honest and to run their own race, rather than resort to taking prohibited substances.

Athletics Kenya Youth Development Director Barnaba Korir contended that regulations regarding the certification of coaches and camps countrywide is one way of trying to regulate the industry.

In Iten, former 1,500-metre World champion Asbel Kiprop reasoned the mandatory one-hour Whereabouts period for athletes on the Registered Testing Pool has been a challenge for many athletes and called for it to be extended to a 90-minute period.

Another athlete, Carolyne Chepkosgei, asked Athletics Kenya to provide sports psychologists to counsel athletes who have been suffering.

“Many athletes have been through a lot of problems and maybe this is where the doping menace started,” she surmised.

“There is need to have sports psychologists who are able to guide athletes on the need to be on the right track in the sport.”