Swimming New Zealand Rule Of Law

The previous Swimwatch post discussed the problems I am having getting Swimming New Zealand (SNZ) to approve Eyad’s Application for International Olympic Committee (IOC) recognition. Here is the link to that story: http://www.swimwatch.net/2018/11/bastards-known.html

In response to this injustice I have discussed the problem with the Human Rights Commission. Their view is that, before preparing a formal complaint, I should ask SNZ one more time to change its mind. This has been done. I have asked SNZ to reconsider its decision to deny Eyad a New Zealand ranking and only allow out-of-date times in the Performance section of his Application. I am waiting to hear their verdict.

During the course of the conversation with the Human Rights Commission two factors became clear. First, did SNZ receive Government funding? And second, was Eyad’s treatment discriminatory in comparison to other swimmers in a similar position?

The answer to the Government funding question is obvious. SNZ receives about 60% of its income from the New Zealand Government. It would be a very foolish organisation that put hundreds of thousands of dollars at risk by trampling on the human rights of a refugee. But this is Bruce Cotterill and Steve Johns. Anything is possible.

The answer to the second question is just as clear. Of course the decision to deny Eyad a New Zealand ranking is discriminatory in comparison to other swimmers in a similar position.  I have coached three swimmers who lived in New Zealand with foreign passports. They all had national rankings – Rhi had a USA passport, Lara a Netherland’s passport and Rica a German passport. But an even better example is the way SNZ bent over backwards to accommodate the children of, Alex Baumann, the former CEO of High Performance Sport NZ. They were/are Canadians. Not only did they have New Zealand National Rankings they swam in the government funded New Zealand national training squad. Passports were no problem when it came to the Baumann children. In New Zealand there must be dozens of others who have foreign passports and national rankings.

Of course Eyad is being discriminated against because he is weak, he is a refugee, he is Muslim and he is coached by David Wright. For the right-wing low-lifes in Antares Place those are enough reasons to screw him over. We will see how that turns out. Fortunately we live in a country that does not like those who abuse their power and their government’s money.

But not only is the behaviour of SNZ against the law it is an abuse of SNZ’s rules. Consider first the Code of Conduct. Appendix A – Rules of Conduct says this:

The following requirements must be met in regard to your conduct:

Refrain from any form of discrimination towards others.

I think we have established that Cotterill and Johns are in breach of that requirement.

Their bad behaviour also violates the SNZ “Anti-discrimination and Harassment Rules”. Rule 7.5 says this:

Swimming New Zealand aims to provide a sport environment where all those involved are treated with dignity and respect and, without harassment or discrimination. Swimming New Zealand recognises that all those involved cannot enjoy themselves, perform to their best or be effective or fully productive if they are being treated unfairly, discriminated against or harassed because of their political belief, race, religion, or social origin.

Swimming New Zealand opposes all forms of discrimination and bullying.  This includes treating or proposing to treat someone less favourable because of a particular characteristic, imposing or intending to impose an unreasonable requirement, condition or practice which has an unequal, disproportionate effect of people with a particular characteristic; or any behaviour that is offensive, abusive, belittling, intimidating or threatening – whether this is face-to-face, indirectly or via communication technologies such as mobile phones and computers.

Denying Eyad a national ranking and pushing old performance times is clearly a case of “treating someone less favourable because of a particular characteristic” and therefore in breach of the SNZ Rules. Whether Cotterill and Johns have decided to discriminate against Eyad because he is Syrian, because he is a refugee, because he is Muslim or because he is coached by David Wright I do not know. But beware when those in power decide to abuse that power. We have no idea what will come next. Are Cotterill and Johns going to decide that Jews, or Catholics, or Asians or African-Americans or women don’t merit a national ranking? Sounds ridiculous doesn’t it? But remember that is what they have done to Eyad.

And finally SNZ may say that I should have formally complained about their decision. There is a form. It should have been submitted they might say. So here is my formal complaint.

RECORD OF COMPLAINT

Complainant’s Name: David Wright

Date Formal Complaint Received: 16/11/2018

Complainant’s Contact Details: nzdaw@yahoo.co.nz

Name: Regional Association: Auckland

Complainant’s Role / Status: Coach

Name Of Person Complained About: Swimming New Zealand, Bruce Cotterill and Steve Johns

Respondent’s Role / Status: Chairman and CEO of Swimming New Zealand

Nature Of Complaint: By denying Eyad Masoud a national ranking and publishing old performance times Cotterill and Johns are guilty of “treating someone less favourable because of a particular characteristic” and therefore in breach of the SNZ Rules.  

Can tick more than one box: Discrimination, Unfair decision, Race,         Religion, Victimisation

Date Of Alleged Incident: 14/11/2018  

Location Of Alleged Incident: SNZ Head Office, Antares Place, Auckland

Description Of Alleged Incident: Cotterill and Johns refuse to provide the NZ Olympic Committee with a national ranking for Eyad Masoud when the Take Your Marks website clearly includes Eyad in their national rankings list. Eyad is a member of the Waterhole Swim Club and the Auckland Region. Cotterill and Johns also insist on out-of-date performances being included. This is discriminatory  

Witnesses: NZ Olympic Committee, Auckland. They have been emailed asking them to discuss the possibility of Cotterill and Johns changing their decision. No reply received so far.  

Government Agency Contacted: Human Rights Commission

When: 15/11/2018

Advice Provided: Ask for change of decision before filing formal human rights discrimination complaint.

Complainant: David Wright

So SNZ, fix the problem. It is not difficult. Recognise Eyad’s national ranking and his most recent performances.

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