Ministry launches investigation into disciplinary law in sports

The Ministry of Health, Welfare and Sport (VWS) has commissioned a study into whether disciplinary law is working in sports. A consultancy from Utrecht will look into governance, codes of conduct and the jurisprudence of the Institute for Sports Jurisdiction (ISR), among other things, according to Trouw.

The ISR is a particularly hot topic for its handling of the gymnastics scandal that began in 2020. For example, Trouw reports, the process was opaque, conversations were recorded inaccurately and there were accusations of privacy violations. The ISR board itself agreed that it was not able to sufficiently deal with disciplinary procedures cases and other procedures. It promised to improve but, despite additional funding, did not "professionalize," according to Trouw.

The three former gymnasts who reported transgressive behavior in the disciplinary process against former national coach Frank Louter –– Suzanne Harmes, Stephanie Tijmes and Gabriëlla Wammes –– said they don't feel taken seriously. “There is no question of an investigation, as a result of which the truth-finding is not done. Then it is better to say: stop it, because this is only damaging.”

Sports and law professor Marjan Olfers said the "systemic character" of transgressive behavior in sports is oftentimes ignored and downplayed. "In addition, the ISR lacks fundamental knowledge about psychological violence and, for example, no trauma experts are heard," Olfers observed to Trouw.

Victims of sexual abuse can be re-traumatized as a results of unprofessional disciplinary processes, Olfers said. She questioned whether such cases should even be under the sports disciplinary law umbrella.

Sports law lawyer Colin Burger echoed this concern. "Much of the misbehavior can be classified as child abuse. So it probably belongs more in criminal law," he said.