Is there justice in basketball in Victoria?

This is a cautionary tale about a mother, a daughter, a family, a team and their brush with bureaucracy and the failure of the system in a basketball club.

Sometimes things happen that are beyond your control.  You may be the innocent party, but  justice is not done.

Recently a mother received a call from one of her daughter’s teammates. She asked the mother to come to the basketball stadium immediately as her daughter had been injured during her game in the midweek women's competition. An ambulance had been called. The mother was on the scene within minutes. The daughter was lying on the floor in great pain and distress.

First aid precautions meant she had to remain where she was, without movement, due to the possibility of neck and back injuries.

The mother was told there had been a young referee and a trainee referee under the supervision of an A Grade referee on that game. The A Grade referee did not have a whistle, so control of the game was left entirely to two referees with inadequate qualifications and experience. Apparently referees supervising a junior or trainee are not supposed to blow for fouls. 

The daughter’s injuries occurred when she was shooting for goal, and was leaping with both feet off the floor. A player from the opposing team charged her from the side with such force she was rammed into the brick wall - a distance in excess of four metres. Unfortunately this was not within the padded area. Her shoulder, arm and torso took the impact with the wall. She then dropped to the floor - without being able to regain her feet - and took the impact of the floor on her pelvis and thigh. The opposition player involved was given an ‘Unsportsmanlike Foul’ and had already left the stadium. The A Grade referee told the mother that the player involved would be reported. The other player’s ‘unsportsmanlike foul’ was a clear indication her actions were intentional. At the very least, her actions were dangerous. 

When the ambulance arrived, the daughter needed morphine for pain. She was fitted with a neck brace, carefully conveyed to the ambulance, and transported to a nearby Hospital Emergency Department. Before the ambulance left, Her husband arrived, and he accompanied her in the ambulance, while the mother followed in her car. 

While in the Emergency Department, the daughter was again was administered with painkillers, two more times.

When the Emergency doctor was eventually able to examine the daughter, he determined there were no breakages, however there was considerable dislocation/whiplash, bruising and muscular-skeletal strain and soreness. Fortunately the daughter is young, healthy and fit or her prognosis may have been more negative. 

The daughter eventually left the Emergency Department at 3.30am the next morning.

The bruise on the daughter's right hip/thigh

The bruise on the daughter's right arm.

She had to take several days off work, which is a considerable disadvantage for her job at the end of the Financial Year. She still requires ongoing medical support (two months after the incident), including physiotherapy, etcetera. She will also miss her income as a referee, as well as being unfit to play. 

Her husband has also had to take time off work to care for her.

The mother also had very little sleep that night.

They will never get that time back. Basketball insurance does not cover loss of casual income.

The family has many years of association with the basketball club, in various roles, and realise that a large club has a great and ongoing need for referees. But insufficient training and maintenance of standards does not attract or retain good referees. A higher standard of refereeing will result in more control of games and less injuries and player frustration. 

To her family, the daughter is precious. They do not want her to suffer permanent disability, which could have been the result of this incident. Long term medical implications of this injury are still to be revealed.

That evening was a very frightening time for the family, but their frustration and sense of betrayal had only just begun.

The following Saturday, when the mother was the venue supervisor, the same referee spoke to her and said he was would not report the player as he had not seen the incident, because he was talking to his trainee referee at the time. The daughter and the mother then both submitted complaints to the Club, and the club’s complaints officer spoke to them. He put in a report on the daughter’s behalf, as he felt that an injury requiring an ambulance, needed to be reported.

At no time did any representative of the club contact the daughter personally regarding her welfare or personal wellbeing. She only heard about the prospect of a Tribunal hearing through the mother, when she heard it in conversation at the club. The daughter was never officially told about the Tribunal, or advised how to proceed, or how many witnesses to bring, and what evidence she should provide. 

The Tribunal hearing was held on a Tuesday evening.

The player involved admitted she had caused the foul. She argued she did not think she had hit the daughter that hard. The player who caused the injuries was supported by two witnesses - one who agreed with her, and one whose testimony was thrown out as it contradicted the reported player’s testimony.

The daughter testified, as did another member from her team, who had seen the incident. As the daughter had not received official notice of the Tribunal hearing, she was unable to give enough notice to another of her teammates, who was closest to the incident on the court, and was in the best position to see the incident. The teammate had a work commitment.

When the Senior Referee gave his testimony he then changed his story and claimed he’d seen the incident and said that the reported player had not pushed that hard, despite the daughter’s obvious injuries and the distance she was thrown. Did he change his story to deflect attention from the fact he was not doing an adequate job as a referee?

Due to the Senior referee’s inconsistent testimony the complaint on the reported player was dismissed by the Tribunal. The Senior referee’s failure to make a report on the night of the injury prejudiced the case, as the Tribunal perceived that he had considered the action as lacking intent, despite the fact he had stated to the mother that he had not seen the incident.

The family were very upset and contacted the Complaints Officer who advised that the daughter could appeal to Basketball Victoria. But members of the club’s committee, who made no effort to contact the daughter to clarify details, decided the matter had been dealt with in-house and they did not support the appeal. She was told that without the committee’s support the appeal would not proceed.

The daughter was subsequently advised to write to Basketball Victoria and state her reasons for wanting an appeal of the Tribunal’s decision.

Below were the daughter's reasons for appealing the Tribunal’s decision:

1. She was never officially informed of Tribunal hearing.
2. She was never told about the time of the Tribunal. The mother heard unofficially and had to confirm details. No one in the family received written notification of the Tribunal.
3. Confirmation of the time of the Tribunal was too late for the daughter to organise her best witness, although she did manage to bring another witness supporting her complaint.
4. Inconsistent testimony of the Senior Referee led to a dismissal of the report - regardless of the admission of the player who injured the daughter, or her medical evidence, witness and testimony. 
5. The Senior Referee flip-flopped. He stated that a report would be made at the time of the incident, but later claimed to have not seen the incident as he was instructing a rookie referee on court. He was a reluctant witness as he stated he did not want to testify at the Tribunal. His evidence was suspect. His inconsistent testimony led the Tribunal to dismiss the case because the player had not been reported 'on the day'.
6. The Senior Referee was not instructed by the club of his responsibilities to players when an injury requiring an ambulance has occurred.
7. The junior referees were not mentored regarding the Tribunal. 
8. The Club had no protocol to ensure the well-being of injured parties or to support them during Tribunal hearings.
9. Despite being a member of the club for many years, and serving the club in many capacities, the committee at no time has inquired personally about the daughter’s wellbeing and did not support her appearance at the Tribunal or her subsequent appeal.
10. The Tribunal refused to visit the basketball court, where the incident took place, to allow the daughter to demonstrate the distance she was pushed.
11. The Complaints Officer supported the appeal.
12. The Referee coordinator also suggested a personal appeal.

The daughter played basketball at that club for many years. She is also an A Grade referee. She is distressed that this part of her life is now over.

As a result of this incident:

1. The daughter has been unable to play since the incident (now nearly 2 months ago) due to her injury. She may never play basketball again.
2. The daughter is still receiving regular medical and allied health attention for her injuries.
3. The daughter has lost income as a referee
4. The daughter will not play or referee for that club again.
5. The daughter was forced to have days off from her regular employment.
6. The daughter is spending considerable time at medical appointments.
7. The mother has resigned her position at the Club, which has also meant a loss of income. The mother could not continue to work with that referee or that unsupportive club.
8. The reported player involved received no penalty, reprimand or warning and continues to play.
9. The referee involved has never addressed the issue.
10. The Club’s committee has denied the daughter natural justice and showed no concern for her welfare.
11. The Club appears to have no protocols for dealing with these matters.

The family is disappointed in the lack of concern that the club has paid to their daughter’s grievance.  

The club has lost a family of loyal members, employees, volunteers and supporters. 

In early August the family received a standard form-letter reply from Basketball Victoria.

It said:

Unfortunately, outcomes of the Tribunal process are not always what people expect of them.  Our Tribunal volunteers have a very difficult job to perform and can only make a decision based on the evidence before them.  Obviously, on this occasion, they did not believe there was sufficient evidence to find the other player guilty of any offence. 

Under the Tribunal By-laws there is a limited right to review.  You can view that procedure also on our web site at By-law 21 of the By-laws.  The link is http://www.basketballvictoria.com.au/index.php?id=87

You will see from the By-laws that any request for review must have the endorsement of the Board of the basketball association.  I note that this has been taken to the [Club's] Board and the Board has decided not to request such a review.

It is not within my or Basketball Victoria’s power to otherwise intervene in the Tribunal process.

All this could have been avoided if the Senior Referee on the night has done what he said he would do – report the player, and tell the truth. His actions prejudiced the whole sequence of events.

Lesson from this sorry tale: If your child or adult family member is injured during a basketball match and you feel the action was intentional, make sure that the referee makes a report AT THE TIME OF THE INCIDENT or nothing will come of it. 

Footnote: The daughter has since joined a gym. This will keep her fit and help with her rehabilitation.

She still keeps in touch with her teammates.