5 Sport en Integriteit Integriteitsverledenpdf 1.Nl.en

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Agenda item 5

Note
For decision making

On NOC*NSF General Meeting


by NOC*NSF board
Re Sport and integrity: guideline on integrity history
date November 21, 2016

requested decision The General Meeting is asked to agree to the integrity history guideline
from 1 January 2017

explanation Within the sports and integrity steering group, Herman Ram has drawn attention to the
doping history in the Netherlands and how we should deal with it. This was partly in response
to the confession of doping use by Ria Stalman. The sports and integrity steering group then
decided to form a small working group that was tasked with making a note about this.

The working group has noted that such a note should not be limited to doping, but should also
include other integrity violations, such as match fixing and sexual intimidation. The working group is
also of the opinion that this should not be limited to top athletes, but that unethical behavior by
administrators, referees, coaches and trainers should also be taken into account. The working group
indicates that this memorandum is a first step and that the guideline should be evaluated in 2 years.
In this memorandum, the working group provides guidelines for how we in the Netherlands could
deal with past unethical behavior by top athletes, administrators, referees, coaches and trainers. This
memorandum was discussed in the sports and integrity steering group, MT NOC*NSF, the members
council, doping sounding board group, the NOC*NSF board and was substantively supported
everywhere. The NOC*NSF board requests the General Assembly to adopt the guideline. Sports
associations and juries of sports awards are therefore asked to apply this guideline, or to explain
when they decide to deviate from it.
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Guidelines on how to act in the present in the event of unethical behavior by top athletes,
administrators, referees, coaches and trainers from the past. For a clean, fair and honest sport
in the Netherlands

We combat unethical behavior in sports together for the following reasons:

1. Protection of the clean athlete

2. Fair sport

3. Integrity of sport

The aim of this is to maintain confidence in the sport. It is also important for confidence in sport
that we properly deal with unethical behavior, such as doping, match fixing and transgressive
behavior from the past of top athletes, administrators, referees, trainers and coaches. It is
important for the clean and honest athlete that a signal is sent that unethical conduct that is
time-barred can also have consequences for those who committed the violation.

The aim of this guideline is to provide guidance on how we in the Netherlands could deal with
past unethical behavior by top athletes, administrators, referees, trainers and coaches. It is a
first step and should be evaluated in 2 years. We ask sports associations and sports awards
juries to apply this guideline or explain it if they decide to deviate from it. Sports associations
can of course also independently decide to take the measures further than outlined in the
guideline.

Assumptions

- The own rules that the sport has drawn up in its disciplinary law are leading, if you can
apply them. With regard to violations in the field of doping and match fixing, we take
into account the limitation periods.
- For the integrity of the sport and the justification of the group of top athletes who
adhere to the rules, it is important that top athletes are encouraged to relinquish
medals/records when violations (doping and match fixing) are discovered or are
committed outside the limitation periods. known. The aim is to offer current and future
generations the perspective that it is possible to achieve records in a clean way. It is
also important that the sports association makes a moral judgment about the situation
public when it occurs, for example through a press release or a message on the
website.
- If there are no disciplinary options, consider imposing an administrative measure if
the person in question is still active in the sport. Such as, for example, taking
honorary memberships, etc.
- For career or other sports awards in the Netherlands, the jury takes into account
whether top athletes, administrators, referees, trainers and coaches have ever been
convicted of match fixing, doping or a form of (sexual) intimidation or if it has been
established after the limitation period that he whether she has committed a violation in
the areas of match fixing, doping or a form of (sexual) intimidation. If the jury decides to
award this athlete a prize, it will make public the arguments as to why the past was not
an obstacle.
- Everyone deserves a second chance, and at the same time is encouraged to do something
positive with his or her unethical behavior from the past.
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We have applied these principles to the following situations that may (will) occur in practice:

1. Disciplinary conviction or confession of a top athlete before and after the limitation period has
consequences for records and medals
2. Lack of integrity regarding career awards/earnings
3. Unethical behavior became known after the limitation period and the top athlete is still active administratively

or sports-technically within the sports association or is an honorary member.

Ad 1

Disciplinary conviction or admission before limitation period


Here, regular disciplinary law is followed and after a conviction, the athlete loses his or her medals
and records that can be directly related to the offense and receives a suspension. The wish here is that
the (top) athlete in question, in addition to a punishment, also expresses remorse and also makes a
positive contribution to the integrity of the sport with his experience (for example, involvement in an
information meeting/e-learning, ambassador).

Confession or violation after statute of limitations


There is no disciplinary basis for confiscating medals or records for violations or confessions
found outside the limitation period. Top athletes who are found to have committed violations
outside the limitation periods or who confess to unethical behavior will be encouraged by
NOC*NSF and sports associations (by letter) to relinquish their medals/records. NOC*NSF will
also advocate such a line within the IOC and requests its sports associations to do the same
with its international federation.

The sports association will also make a moral judgment about the situation public when it
occurs, for example through a press release or a message on the website.

Ad 2

For career or other sports awards in the Netherlands, the jury takes into account whether
athletes, administrators, referees, trainers and coaches have ever been convicted of match
fixing, doping or a form of (sexual) intimidation. A convicted top athlete, director, referee,
trainer or coach who has not expressed remorse and/or has done nothing positive for the
integrity of the sport should not be eligible for such prizes. If the jury decides to award a prize to
a convicted athlete, driver, referee, trainer or coach, it makes the argument public.

Ad 3

If unethical behavior is observed after the limitation period or is confessed by a top athlete, director,
referee, trainer or coach, we advise sports associations to consider an administrative measure if the
person in question is still active administratively or sports-technically within the sports association or
is an honorary member. /member of merit has been appointed. The severity and type of the unethical
behavior will play a role in the decision to take this measure. In principle, transparency regarding the
argumentation is recommended when deciding whether or not to take an administrative measure.
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For violations or confessions found in the areas of match fixing, doping or a form of (sexual)
intimidation within or outside the limitation period, it is recommended that persons who have
been appointed honorary member/member of merit be deprived of this. It is advisable to state
in the regulations for such honorary titles that they can be taken away if it appears that the
person has not exhibited integrity in the past.

The working group that contributed to the above guideline consisted of the following people:
Herman Ram (Doping Authority), Chiel Warners (Athletes Commission), Michiel van Dijk
(independent doping expert), Geert Slot (NOC*NSF), Emiel Krijt (NOC*NSF) and Femke Winters
(NOC*NSF)

Implementation

With regard to the implementation of this guideline, we recommend that sports associations:
- Determine in the board that the sports association will apply this guideline.
- Include the guideline in the manual for jury members of sports awards provided by
or under the auspices of the sports association. If there is no manual, provide the
jury with higher guidance annually.
- Make sure that all target groups (top athletes, administrators, referees, trainers and
coaches) are familiar with the standards. NOC*NSF has created codes of conduct and
animated films that sports associations can use for this purpose
(http://www.nocnsf.nl/sport-en-integriteit/duurscodes-sport). In addition, it is possible to
have these codes of conduct signed by the target group(s).
- Provide honorary memberships and/or membership of merit under the condition that this
membership can be withdrawn in the event of a dishonest treaty from the past.

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