By doing so, sporting organisations will ensure a high standard of mental wellbeing of all participants, and create strong benchmarks for appropriate ethical standards and safe environments.

In this article, we will discuss the measures that can be implemented within a sporting organisation to reduce the prevalence of abuse.

What is abuse?

There are various common forms of abuse in sport such as:

• Physical abuse, which includes hitting, destroying property, food deprivation, etc.
• Sexual abuse, which includes assault, rape, unwanted touching, sexual jokes, etc.
• Emotional abuse, which includes Intimidation, humiliation, intentional, and repeated embarrassment in public.
• Verbal abuse, which includes repeated insults, body shaming, aggressive yelling, name-calling, etc.
• Financial abuse, which includes forbidding someone from working, restricting access to bank accounts, etc.

Abuse in sport can manifest in various forms. Abuse can occur between any individuals involved, regardless of their roles within the sport. The impact of abuse is profound to all involved in sport. Abusive environments in sport, affect not only the victims and the sporting organisations but also the promotion of safe and inclusive sports. Creating a culture of respect, accountability, and support is essential to protect all participants. It is instrumental to ensure the well-being of everyone involved in the sporting community.

Coaches and authority figures wield immense power. In some cases, they exploit their position to inflict harm on athletes. High-profile cases of abuse, such as the Larry Nassar scandal in USA Gymnastics, has shed light on the systemic failures that allowed such atrocities to occur. Larry Nassar was the team doctor of the USA Gymnastics for over 15 years, and used his high authority position to sexually abuse over 265 women in sport.  He was jailed in 2018 for a minimum of 40 years (and maximum of 125 years) for his crimes.

The Larry Nassar scandal has inspired countless athletes to courageously share their own experiences of abuse in sport. Many athletes in Australia have stood up and shared their experiences, such as Natalie Nalesnyik’s revelations about the abuse she faced from her coach in the sport of gymnastics. Natalies story highlights the responsibility of sports organisations to maintain a standard of care for their members. Her revelation emphasises the importance of implementing strict policies and educational initiatives. By establishing comprehensive guidelines and consequences for abusive behaviour, these organisations can foster a safer environment that protects athletes and upholds their rights.

Strategies to prevent abuse in sport

To address the challenges of abuse in sport, a multifaceted approach is necessary. To help increase oversight, it is beneficial for sporting organisations to adopt these practices:

1) Implementation of policies

 Policies are crucial for governing sporting organisations. They establish clear acceptable conduct for all participants in sports organisations, and establish processes on how to deal with complaints of abuse. They encompass various topics, including protection from abuse and complaints management. The implementation of policies creates a framework for members to follow clear standards of behavior, be held accountable for their actions, and ensures participants understand the consequences of failing to comply with the policies. Consequently, breaches may be escalated to internal or external tribunals to evaluate specific cases against established policies or laws. By having policies in place, it allows sporting organisations to have clear guidelines for behavioural standards for all participants and clear enforcement processes.

It is important for sporting organisations to establish a clear Code of Conduct. A Code of Conduct is a set of rules, principles and values which participants of a sporting organisation must follow in order for the organisations to create an inclusive environment for all within the sporting communities. Establishing clear Code of Conduct is instrumental for setting standards of expected behavior that all participants in sporting organisations must comply with otherwise they may be prosecuted for a breach of such Codes.

Another potential approach is enforcing a strict zero-tolerance policy. This ensures any participant who breaks a rule or abuses others within sporting organisations will be punished.

This hopefully will protect participants from abuse, and provide a consistent application of processes and penalties for breaches of the Code of Conduct and zero tolerance policy. It is important for sporting organisations to have set policies, as well as communicate them to all members involved.

2) Educational programs on abuse

 A sporting organisation with a robust integrity framework can significantly reduce abuse cases by emphasising education as a key prevention strategy. Compulsory training modules for all participants in sporting activities—defined as players, parents and or guardians, trainers, officials, and facilitators—are essential to ensure safety and integrity are upheld in sporting organisations. By introducing training modules, participants will be aware of possible abuse that could occur within a sporting organisation. Such education may be available online, live or on demand or in person.  Participants have resources available to them to be able to act when abuse occurs. Ultimately leading to a safer and more inclusive environment.

Moreover, sporting organisations should ensure that all participants are aware of the policies. Here, any new member should be provided with the policies such as the Code of Conduct. Participants should read, ask questions, and sign that they acknowledge the rules set in place. Additionally, any updates on the policies should be distributed to all participants. Essentially, the policies and updates will spread awareness within the sporting organisations and minimise the prevalence of abuse by applying set policies.

In Australia, various government-sponsored initiatives, such as Play by the Rules and programs from Sports Integrity Australia, facilitate access to educational tools and courses. These initiatives provide the resources and education to combat abuse in sport. Additionally, many sporting organisations develop and implement their own internal education programs and training courses to further enhance participant knowledge and compliance. Sporting organisations could also provide their coaches, athletes and parents an annual statement of behavioural standards for all.

Further educational practices could include:

• Raising awareness of abuse through club newsletters.
• Sporting organisations enforcing regular seminars and educational material on abuse, for new members/coaches/stakeholders.
• Providing posters and hand out material, on preventative measures in combating abuse.
• Implementing safeguarding individuals at sporting events.

3) Preventative measures

 Many preventative measures can be set in place to reduce retaliation and abuse in sport. Sporting organisations can conduct thorough screening of applicant coaches through processes such as:

• Maintaining regular Working With Children’s Check for each event. This ensures all individuals have the right to work with children and thus, protect the young members in sporting organisations.
• Maintaining disciplinary registers. This would act as a strict screening process to ensure repeat offenders are caught before they can enter a sporting organisation.
• Working with Integrity teams and complaints officers to run background checks within community. This stops recidivists or anyone with criminal backgrounds from entering sporting organisations.

A Member Protection Policy (‘MPP’), is a policy which stipulates standards of behaviour, and sets out the rights of all participants. MPPs aim to eliminate discrimination, bullying and harassment (sexual abuse) and victimization, and spell out investigative processes, mediation options and tribunal processes where members are alleged to breach the MPP. Implementing effective MPP’s, employing integrity staff, and collaborating with government-sponsored integrity departments are crucial for maintaining up-to-date abuse prevention strategies.

Knowing the background of participants and their past history, can lower the rate of perpetrators moving into other sporting organisations.

 4) Tackling retribution for reporting abuse

 To build trust with members, it is crucial to thoroughly investigate all abuse cases and encourage the reporting of misconduct by creating a supportive environment. Individual’s should feel safe and supported when reporting misconduct within a sporting organisation. Here, whistleblowing is reporting certain types of wrongdoing, and is pivotal in eliminating toxic cultures. By encouraging

individuals to report misconduct, dishonest or illegal activity, sporting organisations allow participants to feel protected within the sport environment. Participants will be able to feel safe to talk to safeguarding officers, or authorities about abusive instances. Strengthening policies to prohibit retaliation against those who report suspected abuse fosters a culture of accountability. Implementing whistleblowing can incentivise reporting, while ensuring anonymity during misconduct investigations helps protect individuals who come forward.

Furthermore, The Australian Securities and Investments Commission (‘ASIC’) state that public companies and large proprietary companies of the Australian Prudential Regulation Authority (‘APRA’) regulated entities must now have a whistleblower policy. Subsequently, if a sporting organisation is an APRA-regulated entity, it must have a whistleblowing policy. Moreover, Consumer Affairs Victoria, provide a complaint handling process, where clubs and associations can make a general complaint. Essentially, these options allow sporting organisations to reduce the prevalence of abuse and toxic environments.

Conclusion

Ultimately, minimising abuse in sport requires a multi-faceted approach that focuses on education, prevention, and accountability. By implementing strategies that adopt screening programs for key personnel and address the root causes of abuse by promoting a culture of respect and fairness, we can create a safer and more inclusive sporting environment for all participants.

To find out more about member protection policies read our article on our SportsLawyer website. At SportsLawyer we are specialists in member protection policies for sporting organisations of all sizes, across all capital cities and regions of Australia. We partner with your club, organisation or association to revie policies or create up-to-date policies that meet your needs. Contact SportsLawyer to discuss where your policies, preventative measures, and educational programs can be improved. Please call (03) 9642 0435 to meet with our award-winning Sports Law team.

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The recent shift of focus to player wellbeing from on field performance at many Australian sporting clubs has correlated to success. Directing resources toward player welfare and psychological help has assisted many to produce their best on game day. A notable example of this was the introduction of a full-time mindfulness coach, Emma Murray, at the Richmond Football Club in mid-2015. Many players, particularly the game’s biggest star Dustin Martin, have spoken of Murray’s influence on player wellbeing and mental health. What followed Murray’s employment was a drought breaking premiership in 2017 and two more by the end of 2020. Having a strong sense of mental wellbeing and personal relationships drives productivity in the workplace which then leads to innovation and accomplishment. The world of sport is no different.

What is Mental Health?

The World Health Organisation defines mental health as “a state of well-being in which every individual realises his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.”[1] When taken in the context of professional sport, the stresses of being in the public eye and physical and emotional injury all have a considerable impact on mental health.

Australia is leading by example regarding the mental health of professional athletes. However, there is significant evidence suggesting that more can be done to further protect and represent both current and former athletes on the fundamental issues of mental welfare and safety. There are up to twice the number of mental health issues reported within high level athletes compared to the general population. Given the number of those who do not speak up about their battles, the real figure is likely far more substantial.

Athlete Wellbeing and Engagement – Australian Institute of Sport (AIS)

The AIS has implemented several programs to promote the mental health of high-performance athletes across Australia. The “Athlete Wellbeing and Engagement” program aims to lead and support National Sporting Organisations (NSO) to create a culture whereby athletes are looked after in facets of their life that are neglected as a result of their sporting endeavours.

It is important for athletes to become well-rounded individuals that have one eye on their life after their sporting career. Given the average lifespan of an athlete’s career is only a handful of years, having access and support to undertake further education, and/or business and development pathways is integral in reducing stress and anxiety about the future.

The AIS Program emphasises five key areas in an athlete’s overall development: Engagement, Mental Health, Career and Education, Personal Development and Conduct and Professionalism.[2]

Engagement

This area aims to give opportunities for athletes to engage with their local communities, sporting clubs and charities. It is important for athletes to recognise their positions as role models and leaders to younger Australians and help inspire smaller communities. Helping others and providing leadership will have a positive impact on the wellbeing of both the athletes and those they work with.

Mental Health

Providing athletes with access to suitable mental health information and education is critical to their development. Included in this are individualised psychology services which are tailored to their own specific needs, funded by the AIS. Although external resources must be provided, what an athlete personally does to improve their mental health will have a far greater impact on securing their mental health wellbeing.

Career, Education and Personal Development

Offering opportunities to athletes for their future during their sporting careers is the most important part of their off-field development. Often professional careers end suddenly, so having a back-up plan is critical to reducing stresses on mental health. This area is supported by access to:

• necessary career information;
• advice and related learning;
• career mapping;
• professional development; and
• relevant work experience.

Athletes should be encouraged to take the opportunities that come with being a professional, and then use these to benefit themselves and others.

Conduct and Professionalism

Many athlete breakdowns are on the back of a lack of support and uninformed choices during their careers. This area aims to provide advice on managing integrity issues and give guidance and support in the high-performance environment. As a result of many elite athletes not living in the ‘real world’ as children and young adults (away from parties, no late-night socialising, more limited social circles due to heavy training schedules), they may not know the provisions, policies and procedures required of them. Consequently, it is important that they get the support and direction they need in their stressful environment.

 AIS High Performance System – Wellbeing Review

The AIS conducted an external wellbeing review of their high-performance program in 2019. The summary of the findings has further highlighted the importance of mental health and wellbeing to athletes, coaches, alumni, directors and managers, medical and support staff, and other industry experts. Mental health and wellbeing proved to be the priority to 73% of the 251 stakeholders across 23 NSOs. This was over 30% more than the next highest priority (injury management, which also has a substantial impact on mental health). Another 73% considered their wellbeing support to have improved whilst in high performance sport, and over two-thirds assessing the current wellbeing services as a ‘7 or above’. The perception that high-level athletes have it easy and are emotionless is archaic and institutions like the AIS understand this.

In contrast, the Wellbeing Review also revealed several recurring themes that athletes found to be detrimental to their mental health. The ‘reactive’ nature of the support networks, its inconsistency, insufficient resources and confidentiality concerns. Unfortunately, the high-performance sport industry has been seen to be results driven, so results have often been prioritized over someone’s mental health and enjoyment. To combat this, athletes must do what they can to de-stress, but also develop the mental fortitude to succeed at the top level. Mindfulness and meditation, staying away from team facilities on days off, getting the right amount of sleep and pursuing new skills are all recognised ways athletes can take a break and de-stress.

National Symposium on Sportspersons’ Mental Health & Wellbeing (NSSMW)

The NSSMW was held on 16 October 2020 at the Brisbane Convention & Exhibition Centre. It provided a first-hand look at what individuals within a variety of sports are currently doing to progress the mental health of athletes and other personnel involved at their institution. Included in the list of keynote speakers were former Socceroo and human rights advocate Craig Foster, AFL Head of Mental Health and Clinical Psychologist Dr Kate Hall, Professor Gene Moyle (Queensland University of Technology), and Head of Excellence & Wellbeing of Brisbane Lions Andrew Crowell.

The key topics centred on building an athlete’s mental fortitude so that they are better equipped to deal with the highs and lows of professional sport in a balanced manner. “Mental Fitness” is as important as physical fitness, and it is important to acknowledge that an athlete’s mental health may not mirror their physical wellbeing. Being deliberate with an athlete’s mind and their earning skills so as to build strength of mind is critical to their performance. The full session can be found on the Mental Health Foundation Australia’s Facebook page.

Conclusion

SportsLawyer hopes to have highlighted the nature of high-performance athletes and the increased potential to experience adverse mental health and wellbeing issues during their sporting careers. Challenging the stigma of mental health within the sports industry is an important step to take in the promotion of overall wellbeing in all Australians, especially athletes. The programs explored above not only build on an already strong mental health support system in Australia, but also serve to recognise areas in need of improvement and renewed focus.

If you are experiencing difficulties with your mental health, we encourage you to speak to your general practitioner or mental health specialist for support. For immediate assistance, consider contacting any of the following:

Beyond Blue 1300 22 4636; www.beyondblue.org.au

Lifeline – 13 11 14; www.lifeline.org.au

SANE – 1800 187 263; www.sane.org

[1] World Health Organisation, “Promoting Mental Health: concepts, emerging evidence, practice” (Summary Report, 2004), 10.

[2] https://www.ais.gov.au/health-wellbeing/awe#national_sporting_organisations

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