Damage control: Managing misconduct allegations in sport
The scrutiny of those in the public eye or positions of authority has increased dramatically in the last decade. A multitude of industries and sectors (from fashion brands to the Church of England) have seen huge scandals affecting their employees, people within their care and others. The consequences for victims of misconduct are severe, and often unspeakably so. The ‘penalties’ for such misconduct (whether at an individual or organisational level) range from irreparable reputational harm, to legal repercussions (civil or criminal), to commercial losses. Frequently, events are driven not only by the conduct of individuals, but also an organisational culture that has failed to hold those individuals accountable. High-profile examples abound.
Sport has not been immune to serious issues of misconduct. One of the most harrowing examples was the appalling sexual abuse committed by Larry Nasser, the national team doctor for US Gymnastics. But there are many others, whether involving allegations of child or sexual abuse, or other claims of misconduct such as race discrimination or bullying. Vital for any sports organisation (whether a Premier League football club, national governing body or grassroots entity) is a culture that enables employees and others to speak out in the knowledge their concerns will be taken seriously and addressed.
If allegations are made, there are a multitude of considerations that may arise. These range from employment law issues to (from an individual’s perspective) the potential involvement of the police and, ultimately, prosecution authorities. Jenny Wiltshire of Hickman & Rose has discussed[1] for LawInSport the considerations for athletes and teams when responding to criminal allegations. This article focuses primarily on the reputational and privacy issues, largely from the perspective of a sports organisation/employer, but with some comments on legal considerations for individuals involved too. There are of course separate employment-law issues, which may form the subject of an article in their own right.
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- Tags: Dispute Resolution | Football | Governance | Gymnastics | Regulation | Reputation Management | United Kingdom (UK)
Written by
Rachel Tyler
Rachel is a Senior Director in FTI Consulting’s strategic communications segment, specialising in crisis and issues support. Rachel draws on 15 years of experience helping senior leaders at major global and UK brands manage their reputations in the face of critical reputational challenges.
Stephanie Glover
Stephanie is a Managing Director in the Strategic Communications segment at FTI Consulting, specialising in crisis communications and corporate reputation management. She helps clients protect and promote their reputations during high-stakes situations and complex strategic challenges – including litigation, regulatory actions, major transactions, restructurings, governance issues, misconduct allegations, internal investigations, operational/security incidents, activism, ESG controversies, geopolitical tensions and media exposés.
Tom Rudkin
Tom is a leading reputation, media and information lawyer, and a Partner at Farrer & Co. He advises the firm’s clients on all issues relating to their reputation, privacy, confidential information and data. Tom advises individuals, companies and other institutions on all aspects of reputation management, whether it is responding to mainstream media coverage, protecting online reputation, dealing with defamation or harassment. Consistent with the team's ethos, Tom's work is very diverse and he firmly believes in taking a holistic approach to protecting clients' reputations.
