Addressing Sexual Abuse in Sports

#protectourgirls

Recent developments within the Kenyan basketball scene has exposed a serious vice which is rampant within many sports circles- sexual abuse. Regrettably many incidents of sexual abuse within sports circles are enabled by the uniquely sensitive relationship which exists between the athlete and the coach or intermediary/agent. This relationship is supposed to be one of respect and admiration cultivated by a desire to be the best sportsman or sportswoman that the athlete can be. It should be one that allows the athlete to trust his or her coach or agent with the ability to facilitate the realization of the athlete’s dreams of success. Similarly, individuals and organizations which act as intermediaries or agents cultivate a trust relationship with the athlete based on the role they play with regard to the athlete’s accomplishments.

The relationship is much more sensitive when it involves minors, who are, due to their lack of maturity and understanding of the whole situation are more vulnerable. As such, intermediaries and coaches have an obligation to handle child athletes with utmost care with a complete appreciation of their role and impact on the minor’s life. However, many jurisdictions lack a legal framework which governs the athlete-coach/intermediary relationship by establishing obligations and responsibilities with the objective of protecting the best interest of the child athlete.

Ideally, Kenya should adopt a licensing mechanism by which agents would be required to be registered by a governing body. Such a legal framework has been established in the UK for football intermediaries, which requires such intermediaries to abide by the FIFA Regulations on Working With Intermediaries.

Based on these regulations the FA in the UK has come up with its own rules, The FA Working With Intermediaries Regulations. It is important to note that the licensing and registration of intermediaries in football has been delegated to the individual member countries, which are required to apply FIFA Regulations.

Under the FA, registration of intermediaries requires an affirmation of good character, and a list of intermediaries who have breached the FIFA Regulations is also available. The aspect of good character is an ongoing obligation which an intermediary must satisfy, not just at the first instance of registration, but also from time to time.

In order to protect the interest of the minor, a contract must be drawn indicating the terms of engagement. However before entering into the representation contract with a minor, the FIFA Regulations require the intermediary to obtain authorization to deal with minors. This entails licensing process and invariably, acquiring a certificate. Once the intermediary is certified, they are then free to enter into a contract with the minor. (See my article on contracts with minors at https://thesportssyndicate.wixsite.com/thedword/post/binding-students-validity-of-athlete-contracts )

Much has been said about the prevalent sexual abuse within the sports sector, with basketball coming into the limelight in Kenya recent days. Going forward it is imperative that the Kenya Basketball Federation sets up structures which will provide standards of conduct which both coaches and /or intermediaries should abide by. These will enable the KBF to be proactive in the protection of athletes from being taken advantage of.

As such, The KBF should introduce a system of registering and issuing licences to coaches and intermediaries within the country, in similar character as the FIFA regulations. In this situation anyone interested in coaching or being an intermediary at any level will be vetted before being issued with the approval to take any action in basketball activity. The KBF can make use of the Coaches Commission as established under its Constitution (even though flawed as highlighted in my previous article https://thesportssyndicate.wixsite.com/thedword/post/was-the-kbf-election-valid ). The mandate of the Coaches Commission should include a vetting mechanism for coaches and intermediaries with the public being given an opportunity to give any information or comments regarding the character of a coach or intermediary before KBF can issue the relevant licence.

In the end such a mechanism will facilitate accountability and transparency which will go a long way in ensuring that the athletes feel the protection of the KBF and the law.