PART 3 | Beyond the scoreboard: Considerations for sporting boards and committees

KEY TAKEAWAYS

Sports-related workplace investigations:

• Understand how misconduct matters are handled between related national, state and local sporting organisations
• Implement confidential reporting mechanisms and fair complaint handling processes to ensure individuals feel safe reporting concerns when they arise
• Undertake ongoing education and training programs to empower individuals to recognise, report and investigate misconduct effectively
• Prioritise prompt action when addressing allegations to minimise disruptions and ensure a fair investigation process
• Allocate resources effectively and explore alternative funding sources to conduct thorough investigations
• Make evidence-based decisions that uphold integrity and fairness, considering the allegations at hand and their impact on the organisation’s reputation and relationships.

Sporting organisations are no longer judged solely by their on-field performance. They are also scrutinised for their off-field conduct. With new legal obligations, heightened sponsor and member expectations, and government funding requirements, organisations face increased pressure to excel beyond the scoreboard. In this context, it is imperative for sports boards and committees to address allegations of misconduct or integrity breaches promptly. However, their intricate governance structures, coupled with financial constraints, lack of resources, time pressures, and power imbalances, present complex challenges.

This third article in a five-part sports investigations series, delves into the key considerations for boards and committees when managing allegations of misconduct and integrity breaches within their organisations. We specifically focus on cases managed directly by the organisation, distinct from those covered by the National Integrity Framework and investigated by Sport Integrity Australia (SIA).

Unique governance structures

Sporting organisations in Australia typically operate under a federated model consisting of a national body, individual state and territory bodies, and various clubs – all of which are interconnected and share responsibilities.

However, this interdependence can sometimes lead to inefficiencies, especially when addressing allegations of misconduct. In such cases, it is essential for a sporting organisation to conduct a thorough review of its policies and procedures, as well as those of relevant national, state and territory, and club-level entities. The purpose of this review is to determine:

• which organisation holds the responsibility for initiating and conducting investigations into a matter
• which specific policies and procedures must be adhered to throughout the investigation process.

Once these responsibilities are clarified, it is important for the organisation to communicate with all relevant bodies involved in the investigation process. This communication assists with ensuring transparency and minimises the risk of disputes but also needs to be carefully balanced against the need for confidentiality. Therefore, in any discussions, organisations should consider only disclosing the identity of individuals to stakeholders on a need-to-know basis.

Balancing competing stakeholder interests

Sporting organisations must navigate the delicate balance between the interests of various stakeholders, including athletes, employees, officials, media partners, sponsors, fans, and members. Board decisions regarding allegations of misconduct must not only consider the facts before them, but also the potential impact on the organisation’s reputation, financial stability, and long-term relationships.

Boards must conduct investigations transparently and communicate effectively with stakeholders to maintain trust and credibility. Failing to take appropriate action may not only breach an organisation’s duties but could also have knock-on effects, such as a sponsor terminating a partnership, viewers turning off and the pipeline of junior athletes leaving the sport.

Resources

Sporting committees and organisations often operate within tight budgets that are heavily reliant on membership fees and government funding. Limited financial and other resources may hinder their ability to engage specialised independent professionals, which poses a risk to the organisation.

Sporting boards should be proactively considering how to manage an investigation so that they are prepared to act quickly when concerns arise. This may include:

• undertaking a skills matrix assessment of the capabilities of key personnel within the organisation to identify any suitably experienced investigators
• providing training to one or more staff members in the organisation on conducting a fair and impartial investigation
• discussing pro bono assistance or reduced fees with qualified professionals
• exploring shared resources with related governing bodies such as the regional, state or national body
• understanding how any government funding available to the organisation can be applied
• using free resources, such as those provided by SIA on its website.

Power imbalances

Addressing misconduct allegations within the sporting ecosystem requires careful consideration of power dynamics, particularly in relation to athletes who serve both as employees and as the product marketed by organisations. This dual role complicates board management of misconduct allegations against athletes with decisions on disciplinary action having the potential to impact ‘on-field’ performance. Additionally, athletes may hesitate to report concerns promptly, fearing repercussions to their career or selection opportunities.

To mitigate these risks, the aim for sporting boards must be to foster a safe and supportive environment where individuals feel empowered to come forward without fear of retaliation, and where decisions are applied consistently, regardless of an individual’s status or performance. Implementing confidential reporting mechanisms and, where feasible, independent oversight can also help address power imbalances, ensuring fair treatment for all parties involved.

Time constraints

It is important to allow longer lead times to accommodate the availability of relevant participants, ensuring thorough and fair investigations. Additionally, boards should proactively identify any critical dates, such as training camps or competitions, that may impact participants’ availability to take part, and if appropriate, delay the investigation to minimise disruptions to coaches, athletes, and teams.

When considering delays in investigations, boards should assess the nature and severity of the allegations, potential risks to individuals within the organisation, and whether the allegations relate to recent incidents or historical complaints. If relevant participants are leaving or have left the organisation, consider prioritising interviews accordingly. If in doubt about whether it is appropriate to delay the commencement of an investigation, boards should seek legal advice or consult SIA, who may be able to provide guidance in navigating these complexities.

Article written by Sophie Croft.

The first two articles in this five-part series examined:

PART 1 | Out of bounds: Navigating integrity issues, misconduct investigations and cultural dynamics in sport

PART 2 | The game plan: Who is responsible for investigating a complaint?

The final two articles will look at:

PART 4 | Conducting effective workplace investigations: Strategies for impartial investigations in a sporting context and addressing unique challenges.

PART 5 | The role of culture reviews: Understanding and implementing culture reviews in sports organisations.

More information

Seasoned workplace investigators from Q Workplace Solutions – one of Australia’s largest independent specialist workplace investigations firms – will unpack how to conduct a procedurally fair and legally defensible workplace investigation at an upcoming Q Workplace Training online workshop, How to Conduct an Effective Workplace Investigation, on 12 and 13 June 2024. Places are limited.

Q Workplace Solutions’ team of experienced and legally qualified investigators are trusted by public and private organisations, including ASX-listed companies and government departments, to investigate complex and often highly sensitive allegations of employee wrongdoing. They also undertake: culture reviews of organisations, divisions or teams; reviews of workplace investigations; audits of complaint and investigation processes; and support internal investigation teams through training and external supervision.