The case involves Mikhaylo Zubkov, a Ukrainian swimming coach and former Olympic swimmer, who appealed a disciplinary decision by the Fédération Internationale de Natation (FINA) following an altercation with his daughter during the 12th FINA World Championships in Melbourne in 2007. The incident, which included physical pushing and verbal arguments, was captured on video and widely publicized. FINA’s Disciplinary Committee found Zubkov guilty of violating Article 2(b) of the FINA Code of Conduct, which addresses misbehavior, including violent conduct, and ruled that his actions brought the sport of swimming into disrepute under Rule C12.1.3 of the FINA Constitution. As a result, Zubkov was expelled from FINA activities for six years.
Zubkov appealed to the Court of Arbitration for Sport (CAS), arguing the sanction was disproportionate and that his conduct did not harm the sport’s reputation. The CAS panel, composed of arbitrators from Sweden, Australia, and Germany, examined whether the incident met the threshold for disrepute under FINA’s rules. The panel concluded that while Zubkov’s behavior was aggressive and violated the Code of Conduct, it did not demonstrably damage the public perception of swimming. The panel also found the six-year expulsion excessive, considering mitigating factors such as Zubkov’s remorse, his daughter’s forgiveness, and character references submitted on his behalf.
The CAS panel set aside FINA’s decision, dismissing the charge of bringing the sport into disrepute and reducing the sanction to an eight-month suspension, from April 27 to December 27, 2007. The ruling clarified that disciplinary sanctions must be proportionate to the offense and that actual harm to the sport’s reputation must be proven for a disrepute charge to stand. The case highlights the distinction between personal misconduct and actions that genuinely tarnish a sport’s image, reinforcing the principle of fairness in disciplinary measures. The decision underscores the importance of balancing disciplinary actions with the severity of the offense to ensure justice and proportionality in sports governance.