The case revolves around Bastiaan van Willigen, a basketball coach and member of the Nederlandse Basketball Bond (NBB), who appealed a disciplinary sanction imposed on him for posting an offensive message on a Facebook group dedicated to basketball enthusiasts. The post, which included an insulting cartoon directed at another coach, was deemed a violation of the NBB's code of conduct. Initially, the NBB's Disciplinary and Disputes Commission suspended van Willigen from October 15, 2017, to January 1, 2018. Upon appeal, the NBB Committee of Appeal increased the suspension to one year, with three months unconditional.
The key issues in the arbitration were van Willigen's responsibility for the post, its violation of NBB regulations, the NBB's jurisdiction to impose sanctions, and the proportionality of the sanction. The arbitrator found van Willigen responsible for the post, as it bore his name and no evidence suggested his account was hacked. The post, which publicly insulted another coach in a forum accessible to players and fans, was ruled to harm the NBB's interests and the promotion of basketball, thus violating its regulations. The arbitrator upheld the NBB's jurisdiction to sanction its members for such violations.
Regarding proportionality, the arbitrator noted that sanctions should only be overturned if "evidently and grossly disproportionate." The one-year suspension, with three months unconditional, was deemed reasonable, considering the public nature of the offense and van Willigen's prior disciplinary record, which included a previous suspension for similar behavior. The arbitrator dismissed van Willigen's appeal, upholding the NBB's sanction.
Van Willigen contested the NBB's jurisdiction, arguing the post was made in a private capacity and not "within the NBB." The arbitrator rejected this, stating that as an NBB member, his public insult of another member—especially a coach—fell within the NBB's regulatory scope. The post accused the coach of criminal behavior, harming his honor and dignity, and was deemed defamatory. The arbitrator emphasized that the NBB's authority extends beyond match-related issues to include member conduct affecting the organization's interests.
Van Willigen also argued the sanction was disproportionate compared to lighter penalties for similar violations, such as insulting a referee. The arbitrator, referencing CAS jurisprudence, stressed that proportionality requires case-by-case evaluation, considering the misconduct's severity, circumstances, and impact. Given the post's seriousness and van Willigen's prior offenses, the arbitrator found no mitigating factors to reduce the sanction.
The case underscores the importance of respectful conduct within sports organizations, particularly in public forums, and affirms federations' authority to enforce disciplinary measures. It also highlights the principle of proportionality in sanctions, ensuring they are appropriate to the offense while respecting disciplinary bodies' discretion. The arbitrator ultimately dismissed van Willigen's appeal, confirming the NBB's decision and rejecting all other motions. The suspension took effect the day after the ruling, with a probationary period until December 31, 2019. The decision reinforces that members' public conduct, even on social media, can fall under a federation's authority if it affects the organization's interests.