Sports Law Assignment Questions: Club Liability & Anti-Doping Violations In GAA And Women’s Hockey Cases

Sports Law Question 1

Ballyshoneen GAA is a GAA club with a very large and active membership and support base, but a poor record of titles. They have, however, improved recently and are now involved in a county final. It is the first final that they have been in for over fifty years, and their members have made it clear the vast majority of them wish to attend the game, which is to be played at Ballyshoneen’s ground.

The Committee of Ballyshoneen are informed by the County Board that due to safety restrictions, only 100 spectators in total will be allowed into the ground, with those 100 to be divided 50/50 between Ballyshoneen and their opponents, Forsa Ath Siúre. All seating is to be ticket-only

The club committee, all of whom are volunteers, decide that given a maximum attendance of 100 spectators, that normal stewarding levels are not needed. On the club social media channels, they inform the volunteers who would normally be stewarding that they will not be needed on the day of the match. Messages about getting in to see the game regardless are posted underneath this by club members.

On the day of the match, several hundred Ballyshoneen supporters arrive early outside the ground. In the absence of stewards, they push past the temporary barriers and head for the stand where the 50 Ath Siúire supporters have been allocated seats. When those supporters arrive, they are forced to sit instead on what are supposed to be clear ways to the exits.

With the last ball of the game, Ballyshoneen score to win. The ball rises high over the netting, falls, and hits an Ath Siúire supporter in the face, breaking his nose; Ballyshoneen supporters then rush past him to invade the pitch, knocking the Ath Siúire supporter over, with a resulting broken wrist.

Two weeks later, the club receives a pre-action letter from the Áth Siúire supporter’s solicitor. They ask you to advise them. Ballyshoneen GAA club is an unincorporated body but is insured.

Advise the club as to:

1. The club’s potential liability
2. Possible defences
3. Possible risks
4. What steps the club should now take

Sports Law Question 2.

Boeufaux Talons are a women’s hockey team. They have had meteoric recent rise. There has been considerable muttering about this in rival teams.

Having received whistleblower reports about Poppy Chard, who usually plays in the number 7 jersey for Boeufaux Talons, testers are sent to the match to carry out tests on Poppy in the final game against Allgrasses Angels. They are wearing proper identification, and are noticed on the sideline by spectators, but do not introduce themselves as they arrive after the game starts.

Midway through the first half, Poppy sustains an injury and cannot continue. She leaves the pitch, handing the jersey to Joan Savon. Joan puts the jersey on.

At half time, while the players are in a huddle on the pitch, the testers approach the team manager in the stands and ask the team manager for a team sheet.

Joan continues to play the rest of the match. However, towards the end of the game, she receives a heavy blow to the head while defending a short corner and is visibly wobbling on the pitch at the final whistle.

Boeufaux Talons lose, badly and the mood is very low in the dressing room. The testers enter the dressing room, ask, “Who is jersey number 7?”, and are pointed towards Joan who is being given a concussion check. When asked to give a sample, Joan waves the testers away irritably. The testers record this, and leave.

Joan fails the concussion check, with changes in mood being noted as one of the symptoms.

The testers report back that they have been obstructed in taking samples and that it is their view that there was an orchestrated attempt by the club and Poppy Chard to avoid testing by the substitution of jerseys. They further report that there was a refusal to give a sample.

The club management team and the players are informed by their governing body that they are to be charged with an ADRV. They come to you for advice.

1. Identify the potential charges and the basis on which they could be brought in respect of each of Poppy, Joan and the Club management team.
2. Advise the Club management team.
3. Advise Joan.