Sports Disciplinary Law

What we do

In sports, it is common for clubs and federations to apply their own jurisprudence and rules regarding the settlement of disputes. In many cases, the dispute is settled in the form of a binding opinion or arbitration. Not only athletes can face disciplinary law, but coaches can also be subject to it.

A disciplinary complaint can be handled by an individual federation, but can also be handled by the Institute for Sports Jurisprudence. After all, many federations are affiliated with the Institute for Sports Jurisprudence.

The NOC NSF has drawn up guidelines regarding regulations on sexual harassment and unwanted behavior. A federation or association may choose to adopt these guidelines verbatim or adapt specific points to suit the specific sport. The moment the disciplinary court issues a conviction for sexual harassment, the convicted person is placed on the NOC NSF blacklist.

Questions regarding disciplinary law in sports? Contact us.

Disciplinary law in sports within the Disciplinary Law expertise

Disciplinary law in sports is a specialized subfield of the broader Disciplinary Law. Unlike the statutory disciplinary law for lawyers, notaries, accountants, or doctors, sports disciplinary law is not based on legislation, but on association law: anyone who becomes a member of an association or federation thereby accepts the statutes and (disciplinary) regulations. This contractual binding is the basis on which a disciplinary committee can hold an athlete, coach, administrator, or official accountable. For MKB Juristen, this means that our lawyers and corporate counsel assist not only the individual athlete but also the association, the federation, or the sponsoring company – from an internationally operating sports organization to the local club around the corner.

What types of cases fall under sports disciplinary law?

Sports disciplinary law is broader than many people think. The most common cases are:

• Transgressive behavior and sexual harassment – ​​the most serious category, with its own regulations and a reporting obligation for drivers and supervisors.
• Doping – doping cases are handled exclusively on the basis of the National Doping Regulations and (almost always) through the Institute for Sports Jurisdiction.
• Match-fixing and (sports) fraud – influencing match results or bets.
• Match incidents and unsportsmanlike conduct – violence on or around the field, insulting the referee or fellow athletes.
• Administrative and integrity issues – conflicts of interest, violation of codes of conduct, or failure to comply with regulations.

Different regulations, rules of evidence, and sanctions apply to each category. A lawyer or legal expert familiar with the applicable regulations can make the difference between a suspension and an acquittal.

The disciplinary procedure at the Institute for Sports Jurisprudence (ISR)

Many federations have outsourced their disciplinary proceedings to the Institute for Sports Jurisprudence (ISR), which acts on behalf of dozens of affiliated organizations. Broadly speaking, the procedure unfolds as follows:

1. Report – a report is received by the Complaints & Investigations department and is assigned to a prosecutor.
2. Initial assessment – ​​the prosecutor determines whether the report falls under disciplinary regulations and whether the accused is bound by them.
3. Investigation – an investigative committee speaks with those involved and draws up a factual report; the principle of hearing both sides is applied.
4. Prosecutor's decision – the prosecutor may dismiss the case, propose a settlement, or refer the case to the disciplinary committee.
5. Disciplinary Committee – independent disciplinary judges assess the case based on written submissions and a hearing.
6. Appeal – an appeal against the decision may be lodged with the Appeals Committee; as a last resort, a case may sometimes be referred to the International Court of Arbitration for Sport (CAS).

Careful litigation counts at every stage: a timely and complete defense, monitoring deadlines, and presenting evidence at the right moments.

Proof: disciplinary law is not criminal law

A common misconception is that the same evidence is required in a disciplinary case as in a criminal case. That is incorrect. In criminal law, “lawful and convincing” evidence must be provided. In sports disciplinary law, it suffices that it is sufficiently plausible that the accused committed the offense. This lower standard of proof means that a disciplinary case should precisely not be underestimated – a severe sanction can follow even without a criminal conviction. Moreover, disciplinary law and criminal law can run parallel: an athlete can be suspended under disciplinary law and prosecuted under criminal law for the same offense, without this constituting double punishment.

What sanctions can the disciplinary judge impose?

The disciplinary judge has a broad range of sanctions at their disposal. Common measures include:

• a reprimand or warning;
• exclusion or disqualification from (a) match(es);
• a (conditional) suspension or a ban on practicing the sport;
• a fine and/or an obligation to pay compensation;
• expulsion (termination of membership);
• placement on a registration list, such as the NOC*NSF list regarding sexual harassment.

A suspension or registration can have far-reaching consequences: in an employment relationship with a club, in sponsorship contracts, and in the reputation of an athlete or administrator. Therefore, the defense in disciplinary proceedings is often intertwined with employment law and contractual interests.

Rights of the accused and the reporting party

Although disciplinary law is not criminal law, important safeguards apply. The accused is entitled to a fair and careful procedure: the right to be heard and to respond, access to the case file, the opportunity to present a defense and be assisted, and an independent assessment. The person making the report or the victim also holds a position in the procedure that must be carefully guarded. Our lawyers and legal experts assist both sides of the table: the athlete, trainer, or administrator who must defend themselves, and the association or federation that wishes to conduct a careful procedure and avoid liability.

What MKB Juristen does for you

At MKB Juristen, lawyers and in-house counsel work together in mixed teams. This is a major advantage in sports disciplinary law: a disciplinary case rarely involves only the regulations, but often also employment law, contract law, privacy, and reputation. We assess the applicable disciplinary or doping regulations, conduct defense before the disciplinary committee and on appeal, advise clubs and federations on their regulations and codes of conduct, and handle reports of integrity and transgressive behavior. Whether you are an international sports group, a club, or an individual athlete or coach – we think proactively with you. Do you have a disciplinary issue in sports? Contact us for a confidential consultation.