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2017 Football Other Upheld English Appeal Procedure

Parties & Representatives

Appellant: Rochell Woodson
Appellant Representative: Vanessa Alarcon Duvanel
Respondent Representative: Setondji Roland Adjovi

Arbitrators

President: Murray Rosen

Decision Information

Decision Date: August 7, 2017

Case Summary

The case revolves around Rochell G. D. Woodson, a member of the Liberia Football Association (LFA) Executive Committee (EC), who was expelled by the LFA Congress on December 27, 2016, under Article 47.2 of the LFA Statutes. This article stipulates that an EC member's position becomes vacant if they miss four consecutive regular meetings. Woodson, who had been granted maternity leave by the LFA President in August 2016, contested her expulsion, arguing that her leave was valid and no meetings had been held during her absence. She filed an appeal with the Court of Arbitration for Sport (CAS), asserting that the LFA's decision violated its own statutes and lacked legal basis.

The CAS Sole Arbitrator, Mr. Murray Rosen QC, examined the case and rejected the LFA's claim that its Congress decision was an exercise of sovereign power beyond CAS jurisdiction. The Arbitrator noted that the LFA Statutes explicitly allow appeals to CAS for final decisions. He also found that Article 47.2 could not apply to Woodson's case because her maternity leave had been officially granted without a specified end date, and there was no evidence of EC meetings during her absence. The LFA had neither revoked her leave nor notified her of its expiry, rendering her expulsion unjustified. The Arbitrator emphasized that the LFA's failure to hold meetings during her leave undermined the basis for her expulsion.

Woodson's appeal was filed under the Code of Sports-related Arbitration, and the CAS Court Office ruled in favor of a Sole Arbitrator despite the LFA's preference for a three-member panel. The LFA objected to CAS jurisdiction, but the Arbitrator dismissed this, citing the LFA Statutes' provision for CAS appeals. The appeal was deemed admissible as it met the 21-day deadline under Article R49 of the Code. The LFA argued that Woodson's prolonged absence (20 weeks) exceeded Liberia’s 14-week maternity leave under the Decent Work Act, justifying her dismissal. However, the Arbitrator found this irrelevant, as the LFA had not revoked her leave or proven that she missed four meetings.

The Arbitrator also identified procedural flaws in the dismissal process. Article 54 of the LFA Statutes requires a justified motion for dismissal, which was absent, and Article 55 mandates a two-thirds majority vote, for which no evidence was provided. The LFA's vague references to ongoing investigations were deemed irrelevant. The Arbitrator concluded that Woodson was excused from duties during her leave, did not miss the required meetings, and was unjustly removed. The LFA's decision was set aside, and Woodson was reinstated to the EC. Other relief requests were dismissed, marking the conclusion of the case. The ruling reinforced the importance of procedural fairness and adherence to statutory provisions in sports governance.

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