By December 31, 2024, as provided by the recent CONI presidential resolution no. 159/89 that postponed the original deadline fixed for July 1, 2024, all professional and non-professional sports associations and clubs shall designate an Officer against abuses, violences and discriminations.
In fact, the aforementioned Officer will play a key role in the adoption of the Organisational and Control Models of the Sports Activity (so called “MOCAS”) that the sports entities must adopt pursuant to Legislative Decree no. 39/2021, as well as to the Guidelines of their affiliating Bodies (FSN, DSA, EPS, Associazioni Benemerite). In particular, the MOCAS have the main goal of raising awareness, preventing and possibly combat the phenomenon of abuse, violence and discrimination that may arise in the sports world, through the measures better specified below.
1. The minimum content of the mocas.
In order to be compliant with the regulations and with the Guidelines issued by the affiliating Bodies, the MOCAS must provide, as a minimum content:
i. Methods of risk prevention and management in relation to the phenomenon of abuse, violence and discrimination (e.g., acquisition of criminal record certificate; establishment of a special internal disciplinary system);
ii. Risk mitigation protocols (e.g., regulations to discipline away matches and/or locker room use) and reporting policy management (e.g., safe quick response system to report offending behavior);
iii. Specific training and information requirements (e.g., posting the MOCAS at the association/club offices), annual assessments, and periodic monitoring activities;
iv. Designation of the Officer against abuses, violences and discriminations (who may hold either the monocratic or collegial form, at the discretion of the sports entity).
Moreover, they must include a Code of Conduct aimed at establishing obligations, prohibitions, standards of conduct and good practices intended to, among others:
i. The observance of the principles of loyalty, probity and fairness;
ii. The education, training and performance of healthy sports practice;
iii. The establishment of a healthy, safe, and inclusive environment that ensures dignity, equality, fairness, and respect for the rights of members, in particular those who are minors;
iv. Promote the full development of the person-athlete, in particular if he’s minor;
v. Prevent and combat all kinds of abuse, violence, discrimination.
2. The sanctions.
Whether the sports associations and clubs fail to comply with the above obligations by the deadline set by their affiliating body (generally August 31, 2024 for the adoption of the MOCAS, and December 31, 2024 for the designation of the Officer against abuses, violence and discriminations), there are severe sanctions against the sports entities.
Specifically, in addition to the general provisions of Legislative Decree no. 39/2021, and thus the possibility of being sanctioned according to the disciplinary procedures provided by the FSN, DSA, EPS and Associazioni benemerite to which sports entities are affiliated (as violation of the principles of loyalty, probity and fairness), some Guidelines (e.g. ACI, FMI and FIG) expressly provide the adoption of the MOCAS, as of the 2025 sports season and/or January 1, 2025, as a necessary condition for the affiliation or re-affiliation of the sport association or club.
Moreover, other National Associations (e.g. FIGC) added to their Sports Justice Code a specific article aimed at sanctioning the failure of associations and clubs to comply with safeguarding regulations. In particular, the new Article 28 bis of the FIGC Sports Justice Code provides, among others, the following sanctions:
i. In the event of non-adoption of the MOCAS: fine not lower than euro 3,000.00 for professional clubs, and euro 300.00 for non-professional ones;
ii. In the event of failure to notify the National Association of the name of the Officer against abuse, violence and discrimination by December 31, 2024, as well as the adoption of the MOCAS: fine not lower than euro 3,000.00 for professional clubs, and euro 300.00 for non-professional ones.
3. The integration between the mocas and the Organization and Control Model pursuant to Legislative Decree no. 231/2001 (so called “mog 231”).
The mandatory adoption of the MOCAS also involves sports entities that have already adopted a MOG 231, as they shall proceed, pursuant to Article 16 para. 4 of Legislative Decree n. 39/2021, to its integration according with the provisions of the Guidelines of the affiliating Bodies[1].
Integration that becomes necessary since the MOG 231 and mocas stand on two similar but fundamentally different plans. On the one hand, in fact, the MOG 231 are principally aimed at preventing the commission of predicate offenses under Legislative Decree no. 231/2001; on the other hand, the MOCAS are primarily aimed at preventing, combating, and eventually sanctioning, the commission of all those behaviors contrary to the principles of loyalty, probity and fairness proper to the sports world, such as violence, abuse and discrimination.
[1] In this regard, some professional sports clubs (e.g. AC Milan S.p.A.) have provided a specific annex to the MOG 231 already adopted, so called “Safeguarding Policy”, in order to prevent and combat phenomenon of abuse, violence and discrimination.
Author: Avv. Filippo Barbieri
Contact: Avv. Riccardo Giacomin r.giacomin@bergsmore.com
Contact: Avv. Luisa Romano l.romano@bergsmore.com