The case involves an appeal by Brazilian volleyball coach Bernardo Rezende and player Mario da Silva Pedreira Junior against disciplinary sanctions imposed by the Fédération Internationale de Volleyball (FIVB) following incidents during and after the 2014 FIVB Men’s World Championship in Poland. The player was suspended for six matches for throwing a wet towel at an FIVB official, while the coach received a three-match suspension for making a middle-finger gesture toward a journalist, a $2,000 fine for skipping a press conference, and a seven-match suspension for derogatory comments about the FIVB in a media interview. The FIVB Appeals Panel upheld these sanctions, leading the appellants to bring their case to the Court of Arbitration for Sport (CAS).
The appellants argued that procedural unfairness and external pressures, such as sudden rule changes and logistical challenges, contributed to their misconduct. They also questioned the impartiality of the FIVB judicial bodies, citing potential conflicts of interest involving an external attorney. Additionally, they invoked international human rights conventions, including the European Convention on Human Rights (ECHR), to assert their right to a fair hearing by an independent tribunal. The coach admitted to missing the press conference and accepted the fine but contested the suspensions, claiming insufficient evidence for the middle-finger gesture and arguing that his media comments were protected by freedom of speech. The player denied intentionally throwing the towel, suggesting it was accidental.
The CAS addressed several legal issues, including whether the appellants retained a legal interest in appealing after serving their suspensions. The Sole Arbitrator ruled that reputational harm and potential future disciplinary consequences justified the appeal, rejecting the FIVB’s argument that the case was moot. However, the request for structural reform of the FIVB’s judicial bodies was deemed beyond CAS’s jurisdiction. The Sole Arbitrator also clarified that while the ECHR does not directly apply to sports disciplinary bodies, its principles, particularly Article 6 on fair hearings, could inform CAS’s assessment of procedural fairness.
On the merits, the CAS upheld the sanctions, finding sufficient evidence for the misconduct. The middle-finger gesture and the coach’s public remarks were deemed to violate FIVB rules by bringing the organization into disrepute. The player’s towel-throwing incident was confirmed by video evidence, and his explanation was dismissed as unconvincing. The Sole Arbitrator emphasized the FIVB’s broad discretion in disciplinary matters and concluded that the sanctions were proportionate. The appeal was dismissed, reinforcing the authority of sports federations to enforce conduct standards while ensuring procedural fairness. The case highlights the balance between disciplinary accountability and athletes’ rights in international sports governance.