The case of Jared Higgs v. the Bahamas Football Association (BFA) before the Court of Arbitration for Sport (CAS) centered on disciplinary actions taken against Higgs for alleged anti-doping rule violations and misconduct. Higgs, a former member of the Bahamas Beach Soccer National Training Team, was suspended by the BFA for failing to undergo a drug test on January 17, 2017, and for using offensive language during an incident on June 10, 2017. The BFA Appeals Committee initially imposed a four-year ban under FIFA and World Anti-Doping Agency (WADA) regulations, citing non-compliance with testing protocols. Higgs contested this decision, arguing procedural irregularities, lack of proper notification, and disproportionate penalties.
The CAS Panel examined whether the sample collection on January 17, 2017, was conducted for anti-doping purposes or as part of a pre-competition medical assessment. It found that the BFA failed to adhere to mandatory anti-doping procedures, such as no-advance-notice testing, absence of a Doping Control Officer (DCO), and use of a non-WADA-accredited laboratory. The Panel concluded the test was not for anti-doping purposes but rather a medical assessment under the BFA’s Code of Conduct. Consequently, the four-year ban under FIFA and WADA rules was deemed inappropriate and set aside.
Regarding the June 10 incident, the Panel upheld the BFA’s sanctions—a four-match ban and a $40 fine—finding Higgs’ use of offensive language substantiated by witness statements and the penalties not disproportionate. Higgs’ claim for damages due to unjust suspension was dismissed for lack of sufficient evidence.
The case highlighted critical issues in sports governance, including procedural fairness, clarity in testing protocols, and the proportionality of sanctions. The Panel emphasized that anti-doping measures must be clearly distinguished from other medical assessments and conducted in strict compliance with established regulations. The ruling reinforced the necessity for sports organizations to ensure due process and transparent communication in disciplinary proceedings. Ultimately, the CAS decision modified the BFA’s sanctions, upholding only the penalties related to Higgs’ misconduct while overturning the anti-doping suspension.