The Flemish sports landscape has been shocked in recent years by various testimonies from (former) top athletes about inappropriate behavior. The athletes reported that their physical and mental integrity were affected. Such victims have recently had the opportunity to take further steps within the structures of the sports sector. The victim (or the sports club / sports federation) can report the facts to her sports club, sports federation or to the Flemish Sports Tribunal.
The Flemish Sports Tribunal was established on June 8, 2020 and is the disciplinary body par excellence that judges complaints regarding inappropriate behavior. The Flemish Sports Tribunal (or “VST” for short) consists of three different chambers: doping, transgressive behavior and gender. The general procedure of a disciplinary complaint regarding inappropriate behavior is discussed below.
Complaint
The victim must first report the facts to her sports club or sports federation, for example via the integrity contact point. It is then up to the sports club or sports federation to follow up on the report. The victim also has the option to: a direct complaint to be submitted to the VST.
Research phase
As soon as the complaint has been received, the VST will start a procedure. In order to investigate the report, the investigative body will invite the parties involved for an interrogation. Any witnesses can also be interviewed.
Disciplinary hearing
The parties then have the opportunity to explain their arguments in writing. After the various conclusions have been submitted, a disciplinary hearing is organised. At such a hearing, the disciplinary chamber will listen to the oral position of all parties and will have the opportunity to ask any questions.
Sanction
The disciplinary chamber decides whether or not the alleged perpetrator is guilty and what sanction should be imposed. The sanction is determined on the basis of the disciplinary regulations of the sports federation in question. A sanction can, for example, consist of a warning, a suspension, an exclusion, etc.
Next to disciplinary prosecution, the victim has the option to report the facts to the police, which may result in criminal prosecution.
Further questions? Do not hesitate to contact us on 09/334.94.70, via the contact form or via sport@everest-law.be.