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2015 Archery / Tir à l'arc Disciplinary Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: Jan Lach
Appellant Representative: Rafał Wosik
Respondent Representative: Jean-Pierre Morand

Arbitrators

President: Philippe Sands

Decision Information

Decision Date: January 29, 2016

Case Summary

The case revolves around an appeal by Jan Lach, a Polish archery coach, against a disciplinary decision by the World Archery Federation (WAF) following an incident during a World Cup event in Wroclaw, Poland, on August 12, 2015. The dispute arose when Lach contested a judge's decision during a mixed-team match between the USA and Belarus, which ended in a tie and proceeded to a shoot-off. Lach believed Belarus should have been declared the winner after the first shoot-off, but the judge ordered a second one. Lach approached a WAF official, Mario Scarzella, to complain, leading to allegations of unsportsmanlike conduct under Article 2.2.1 of the WAF Eligibility Code, which mandates respect for fair play. The WAF's Board of Justice and Ethics (BJE) investigated and recommended a 12-month suspension for Lach, a decision upheld by the WAF Executive Board. Lach appealed to the Court of Arbitration for Sport (CAS), arguing the suspension was unjust and excessive.

The CAS panel, led by Sole Arbitrator Philippe Sands QC, examined the case under Article R57 of the CAS Code, which governs the admission of new evidence. The panel emphasized the discretion to exclude evidence not presented earlier if it was reasonably discoverable, balancing fairness and prejudice to the parties. Lach attempted to submit additional witness statements late, but these were deemed inadmissible. The panel also highlighted the importance of fair play, noting that athletes and officials must respect on-field decisions and proper appeal procedures. Witnesses described Lach as shouting, acting aggressively, and accusing officials of bias, though Lach denied using terms like "corrupt" or "Italian Mafia." The Sole Arbitrator concluded that Lach's behavior was improper, aggressive, and disrespectful, violating the spirit of fair play and non-violence as outlined in the Eligibility Code.

The original 12-month suspension was reviewed for proportionality, considering aggravating factors like Lach's disruptive behavior during a critical match and his unfounded criticism of the judge's integrity, as well as mitigating factors such as his genuine belief in the judge's error and the absence of physical threats or prior misconduct. The Sole Arbitrator reduced the suspension to 8 months, effective from October 12, 2015, allowing Lach to continue coaching the Polish national team outside WAF events but restricting his accreditation until June 12, 2016. The decision underscores the CAS's role in ensuring procedural fairness and adherence to sports ethics, balancing disciplinary measures with professional interests. The ruling reinforces the expectation that all participants in sports events adhere to standards of respect and fair play, maintaining the integrity of competitive settings. The CAS partially upheld Lach's appeal, amending the original decision while dismissing other relief requests.

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