Roy McArthur demands public apology from GFF over sexual harassment allegation

Feb 28, 2023 Court Stories, Features / Columnists, Sports

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– Disciplinary Committee unanimously overturn suspension of former FIFA Referee

By Rawle Toney 

Kaieteur News – Four years after being suspended in 2019 for a 2018 allegation of encouraging and participating in sexual harassment and predatory sexual behaviour towards females in the footballing fraternity in Guyana, former FIFA Referee Roy McArthur is now demanding a public apology from the GFF after being cleared by the Federation’s Disciplinary Committee of any wrongdoing.

In March 2018, the GFF set up a Board of Inquiry following allegations of sexual harassment by female referees and which was conducted by a five-member panel led by Chairman Dr Karen Pilgrim, vice-president of the Guyana Olympic Association.

Other members of the Board included Dr Melissa Ifill of the University of Guyana; Karen Joseph, Human Resources Consultant; Karen De Souza, Red Thread and Joy Nichola Marcus-Reid, also of Red Thread.

On November 19, 2018, the Board of Inquiry submitted to the Guyana Football Federation (GFF), which was then called a “thorough investigation” by Chairman Dr Pilgrim.

Following the submission of the Board of Inquiry’s report, GFF president Wayne Forde, at a Press Conference on January 7, 2019, announced that McArthur was provisionally suspended, pending the outcome of disciplinary proceedings by the GFF Disciplinary Committee, under the newly-approved Disciplinary Code.

The GFF’s Disciplinary Committee comes from Chairman Eusi Anderson, who serves as General Counsel at CSM-DANCO, State Counsel Shawnette Austin and former Guyana Trades Union Congress Vice-President Lancelot Baptiste.

On February 24, 2023, the GFF’s Disciplinary Committee, by unanimous vote, formed the view that there was insufficient evidence upon which, to sustain McArthur’s suspension from the footballing fraternity.

In their ruling, which was obtained by Kaieteur News, the Disciplinary Committee said “it would be a travesty were we not to formally apologise to him (McArthur) for the extraordinary delay in the prosecution of his matter.”

“Consequent upon our ruling, Mr Roy McArthur’s suspension from any footballing activity and participation in Guyana is immediately lifted. He is free to resume engaging in all levels of football in Guyana,” the GFF’s Disciplinary Committee said in its report to the Federation’s Executive Committee.

The Board of Inquiry’s report was submitted to the GFF’s Disciplinary Committee at McArthur’s final hearing, conducted on February 21, 2023.

The Board of Inquiry’s report, according to the Disciplinary Committee, regrettably mentions no names of any of the persons levelling accusations against Mc Arthur.

The Board of Inquiry’s report, it was stated, mentions no specific allegation against McArthur of any explicit and specific act of sexual harassment.

“It has come to the attention of this Disciplinary Committee that parts of the Board of Inquiry’s mandate were to investigate the sexual harassment allegations against Mr McArthur. During the course of the investigation, the Board of Inquiry considered it expedient to, and extended to each of the accusers, a guarantee of anonymity in exchange for their testimony,” the Disciplinary Committee said.

The Disciplinary Committee added, “This proved to be challenging for the principles of natural justice to be applied to Roy Mc Arthur with respect to his ability to confront and interrogate his accusers at this Disciplinary Committee.”

The Disciplinary Committee said It would appear from all indications that, in the absence of anonymity, the persons levelling accusations against McArthur would not be willing to testify either, as such, they noted, that there can be no understating the degree of unfairness such a position would leave Arthur in, since “the basic tenets of natural justice and due process require that McArthur must interrogate and confront the allegations as well as the persons making that allegation. They did not testify. They capitalized on the anonymity.”

MCARTHUR WANTS A PUBLIC APOLOGY FROM GFF

Meanwhile, speaking exclusively to Kaieteur News, McArthur said the allegation and the matter were played out in public and caused humiliation to his life and that of his family.

The GFF, McArthur said, will be formally contacted by his attorney for a public apology, similarly done in the way which they (GFF) used to announce his suspension.

McArthur, who also performed duties as a FIFA Referee Assessor, said the allegations almost cost him his family.

McArthur is employed by the Ministry of Culture, Youth and Sports, under the National Sports Commission (NSC), and said attempts were made to have him removed from his position.

However, sources told Kaieteur News that the GFF was asked to supply the Ministry/NSC with sufficient evidence since the matter was being handled outside the confines of the country’s laws, which they (GFF) failed to do.

DISCIPLINARY COMMITTEE OBSERVATIONS

This Disciplinary Committee said they will not stand idly by and embrace tangential or direct acts of sexual harassment to women, least in the footballing space, putting on record their open condemnation of any type of conduct of that nature.

“This Disciplinary Committee noted the efforts taken by the GFF following the recommendations of the Board of Inquiry to address systemic issues such as the one levelled against Roy Mc Arthur. That the GFF has, since the Board of Inquiry’s work, heard no further allegations of officials involved in sexual and other kinds of harassment is proof of its undertaking the heavy work of transforming itself,” the Committee said.

The Disciplinary Committee noted that the GFF “has implemented a number of the recommendations of the Board of Inquiry report with respect to combating unwanted sexual advances against women, minorities and vulnerable communities in the footballing fraternity.”

In their report signed by Chairman Eusi Anderson, the Disciplinary Committee said they are resolute in their encouragement to the GFF to continue to use every effort to eradicate sexual or other kinds of harassment directed at women in football.

The GFF Disciplinary Committee is one of three independent judicial bodies within the framework of football governance, alongside the Ethics Committee and the Appeal Committee.

Disciplinary Committee examines and passes judgement on all disciplinary matters relating to GFF members, affiliates, officials, players, clubs, intermediaries and match agents.

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• apology, FIFA Referee, harassment, Roy McArthur, sexual

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