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TAS 2021 A 8388 Rosnick Grant c. FIFA FR (CAS)

Why it matters

This case is a landmark in sports disciplinary arbitration for its unequivocal condemnation of sexual abuse in football. The CAS panel confirmed that sexual abuse and abuse of power are among the most serious violations, warranting a lifetime ban. It also set a precedent for reducing disproportionately high fines based on the offender's financial situation, balancing deterrence with proportionality.

Summary

Rosnick Grant, Vice-President of the Haitian Football Federation (FHF) and President of its National Referees Commission, was accused of systematic sexual abuse of female referees. Following an investigation by FIFA's Ethics Committee, which included witness testimony and a victim's detailed account, Grant was found guilty of violating multiple articles of the FIFA Code of Ethics (FCE), including protection of physical and moral integrity (Art. 23) and abuse of power (Art. 25). The FIFA Ethics Committee's Adjudicatory Chamber imposed a lifetime ban from all football-related activities and a fine of CHF 100,000. Grant appealed to the Court of Arbitration for Sport (CAS). The CAS panel reviewed the evidence, including the victim's declaration and witness statements, and upheld the factual findings of abuse. It confirmed the lifetime ban, emphasizing that sexual abuse is a grave violation of fundamental human rights and dignity, more serious than corruption or match-fixing. However, the panel reduced the fine to CHF 35,000, considering Grant's modest monthly salary of approximately CHF 1,000 and Haiti's economic situation, while maintaining the fine's deterrent and pedagogical purpose. The decision was rendered on 4 December 2024.

The detail

Parties: TAS 2021 A 8388 Rosnick Grant c. FIFA FR

Outcome: Appeal partially allowed; life ban from football upheld but fine reduced from CHF 100,000 to CHF 35,000.

Quantum: CHF 35,000

Applicable law: FIFA Code of Ethics (FCE) 2018 and 2019 editions; CAS Code of Sports-related Arbitration

Issues in play: FIFA Code of Ethics provisions on protection of physical and moral integrity (Art. 23), abuse of power (Art. 25), and general conduct (Art. 13) collided with the appellant's right to a fair hearing and proportionality of sanctions.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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