Collected Insights from the Field of Sport Collected Insights from the Field of Sport Volume 3: Governance and Ethics Governance and Ethics are possibly chapters in this book are derived from the main topics of scrutiny in the sports research papers that have been produced industry today. Over the past few years, by the participants, visiting professors and several scandals have marred the image members of the Scientific Committee of of sports and it is imperative to adopt the AISTS postgraduate programme, the good governance practices. Governance AISTS MAS (Master of Advanced Studies in sports needs a multidisciplinary in Sports Administration and Technology). approach, leading to a change in mindset. A solid governance foundation in sport will Being grounded in research, the book ultimately benefit the youth and foster its aims to throw light on good governance sustainable growth as an industry. theories and practices in the world of sports, touching upon topics from This book from the AISTS (International boardroom ethics to gender equality. The Academy of Sports Science and outcomes can be utilised by academics, Technology) is the third in the series sports administrators, sports teams, ‘Collected Insights from the Field students and the public to engage the of Sports’. It concentrates on the discussion on governance and ethics in aforementioned challenges of good sports. Ethics and Governance 3: Volume governance and ethics in sport. The AISTS (International Academy of Sports Science and Technology) EPFL Collected Insights Innovation Park Bâtiment C 1015 Lausanne Switzerland from the Field of Sport [email protected] Tel: +41 (0)21 353 03 90 Volume 3: Governance and Ethics Edited by - Juan Carlos Landrove, Geert Hendriks First published in Lausanne , Switzerland in 2017 by the AISTS (International Academy of Sports Science and Technology) at the EPFL (Swiss Federation Institute of Technology Lausanne) Reprography Selections and editorial matter copyright © Juan Carlos Landrove, Geert Hendriks 2017; Individual chapters copyright © individual contributors 2017 Cover photography: StockSnap (ID 7TI7OKDFYV) All rights reserved. Apart from fair dealing for the purposes of study, research, criticism or review as permitted under the applicable copyright legislation, no part of this book may be reproduced by any process without written permission from the publisher. Collected Insights from the Field of Sport, Volume 3: Governance and Ethics Editors: Juan Carlos Landrove, Geert Hendriks Includes bibliographical references and index. ISBN 978-2-83399-1792-6 International Academy of Sport Science and Technology (AISTS) EPFL Innovation Park Bâtiment C 1015 Lausanne Switzerland [email protected] Tel: +41 (0)21 353 03 90 Collected Insights from the Field of Sport Volume 3: Governance and Ethics Editors: Juan Carlos LANDROVE Geert HENDRIKS Table of Contents Table of Contents Foreword 7 Juan Carlos LANDROVE & Geert HENDRIKS Chapter 1 – Switzerland 11 Switzerland’s Responsibility in the Regulation of International Sport Jean-Loup CHAPPELET Chapter 2 – Corporate Governance 19 Corporate Governance: Challenges for International Sports Federations Giovanni Battista DERCHI, Antonio DAVILA & Daniel OYON Chapter 3 – Doping 35 The Governance of Doping in Sport Gérald GREMION Chapter 4 – Anti-Doping Laboratory 45 Good Governance at the Anti-Doping Laboratory Laurent RIVIER Chapter 5 – Return-to-Sport 71 Reflections on Return-to-Sport Issues in Competitive Sports Boris GOJANOVIC Chapter 6 – Sex Policing 89 From Proving that You are not a Man to Proving that You are Woman Enough. The Challenges of Sex Policing in Elite Female Sport Olivia Aya NAKITANDA & Gérald GREMION Chapter 7 – FIFAgate 111 The Emergence of “FIFAgate” and the Governance Strategy Adopted to Overcome the Crisis Emmanuel BAYLE & Hervé RAYNER AISTS International Academy of Sports Science and Technology 3 Table of Contents Chapter 8 – Para-sports 141 The Governance of Para-divisions in Olympic Sport Federations. Opportunities and Challenges Géraldine HEINEN & Jennifer SMITH MAGUIRE Chapter 9 – Women’s Development 163 Women’s Development Programs in International Federations the Impact they are having on their Stakeholders Elizabeth FULTON & Jennifer SMITH MAGUIRE Chapter 10 – Integrity Management 191 Integrity Management in International Sport Federations. Status Quo and Future Perspectives Gianluca SIRACUSANO & Dawn AQUILINA Chapter 11 – Mediation 219 CAS Mediation. Potential and Future Development Cinthia LÉVY & Juan Carlos LANDROVE About the Contributors 234 About the AISTS 238 AISTS International Academy of Sports Science and Technology 4 Foreword Collected Insights from the Field of Sport Governance and Ethics Juan Carlos LANDROVE & Geert HENDRIKS AISTS International Academy of Sports Science and Technology 7 Governance and Ethics ‘Sometimes, it’s not enough just to change laws. You’ve got to change hearts.’ And sports has a way, sometimes, of changing hearts in a way that politics or business doesn’t.’ Barack OBAMA (44th President of the United States) 8 AISTS International Academy of Sports Science and Technology This book contains articles written by both members of the AISTS Scientific Committee as well as former participants of the AISTS Master in Advanced Studies of Sport Administration. It serves the purpose of warmly thanking Margareta for her countless investment in the long term and as a humble gesture of gratitude. The topic that naturally came as “fil rouge” among the following articles is governance. Governance in sport is defined as “The framework and culture within which a sports body sets policy, delivers its strategic objectives, engages with stakeholders, monitors performance, Foreword evaluates and manages risk and reports to its constituents on its activities and Professor Margareta Baddeley recently progress including the delivery of retired from her full-time professorship effective, sustainable and proportionate at Geneva University School of Law and sports policy and regulation.”3 ceased teaching within the frame of AISTS programmes. She was part of the The current governance challenges in pioneering team who had the challenging sport cannot be resolved in isolation idea of bringing to life and developing and the need for good governance from scratch an international Master of in sport is more urgent than ever as Advanced Studies in the field of Sport information floods and public scrutiny Administration under the aegis of AISTS of organisations’ behaviour continue back in 20031. The multidisciplinary to intensify. Governance is therefore a programme grew up quickly in size and multidisciplinary topic that, when taught quality and is nowadays classified the to the (future leaders of) the sports best masters in the world in its field2. industry, should be viewed from different Margareta ensured, through both her angles. Better governance in sport goes teaching and numerous publications, the beyond regulations, guidelines and laws. steady growth of the programme’s fame It requires a change in the ethics and in relation to legal concepts taught to a attitude of all actors involved, or as former public comprising mostly non-lawyers. US President Obama said during his last event at the White House: 1 Among the initial team were also Jean-Loup “Sometimes, it’s not enough to change Chappelet, Gérald Gremion,Daniel Oyon, Francis- Luc Perret, Laurent Rivier and Claude Stricker laws. You’ve got the change the hearts”. 2 EdUniversal Best Masters Ranking Sport 3 EU’s Expert Group on Good Governance, Management 2015 - 2016 Principles of Good Governance, 2013 AISTS International Academy of Sports Science and Technology 9 Chapter 1 – Switzerland Switzerland’s Responsibility in the Regulation of International Sport Jean-Loup CHAPPELET AISTS International Academy of Sports Science and Technology 11 Switzerland’s Responsibility in the Regulation of International Sport ‘Good governance never depends upon laws, but upon the personal qualities of those who govern’ Frank HERBERT (American author) 12 AISTS International Academy of Sports Science and Technology system that are based in Switzerland are Sport in Switzerland subject to Swiss law, in particular articles Competitive sport, professional sport, 60 and subsequent articles of the Swiss elite sport, grassroots sport, leisure sport, Civil Code (governing associations). physical activity and physical education Over the last two decades, however, a all grew massively during the 20th seemingly endless succession of crises Century. In Switzerland, for example, 74% has rocked this system to its core. These of the population now claim to do some crises, many of which were triggered form of sport or physical activity (Sport by scandals relating to the choice 2014 survey). Consequently, sport is of hosts for major events controlled now a major socio-cultural phenomenon by international sport organisations, in most of the world’s countries and especially world championships and the has taken on great economic and Summer and Winter Olympic Games, political importance. It can even impact are frequently attributed to failures of international relations, as was shown by governance. the ping-pong diplomacy of the 1970s, the boycott of the Moscow Olympics Regulating Sport in in 1980, the emergence of the BRIC countries in the international system, Switzerland and the effect of the 2015 FIFA scandal on Switzerland’s reputation. Many As a 2012 report to the Federal Council stakeholders have contributed to the rise pointed out, whatever the facts of