Race Issue

[d0nnyoz]

Just wanted to ask for some guidance on dealing with a racist complaint.
Basically, this was an incident in a sporting event where one member of a team (A) is accused of racially abusing a member from the opposite team (B).
The member A denies saying what he is accused of by member B and there are no independent witnesses (no witness at all).

The 'committee' have been asked to step in and make a ruling on the case but my thoughts are it is difficult to find someone guilty of something without being able to prove it and there is no real evidence. In saying that, I cannot prove that member B is making a false allegation?

Any advice on how to deal with this?

[wales01man]

Re: Race Issue

Without out proof it remains an allegation unless the accused admits it what can you do its one word against another maybe there are past problems between them

[nemesis45]

Re: Race Issue

Without out proof it remains an allegation unless the accused admits it what can you do its one word against another maybe there are past problems between them

A comment between competitors no witnesses best advice stern words not accusations from the " committee" and tell them both to get over it.

nem

[Guest]

Re: Race Issue

Is there any history of person A making racist comments?

This seems to be a problem with equality law in that a term is deemed 'ist' if the person on the receiving end deems it so be that sex, colour, or any characteristic covered.

Maybe [MENTION=77627]Openlaw15[/MENTION] could offer some insight

Complaints and courts are not always the best way to sort things out , while people should be protected, they also need to learn that sometimes comments are not actually intended to hurt - doesn't make it right but is an excuse , maybe even a defence

[Openlaw15]

Re: Race Issue

Just wanted to ask for some guidance on dealing with a racist complaint.
Basically, this was an incident in a sporting event where one member of a team (A) is accused of racially abusing a member from the opposite team (B).
The member A denies saying what he is accused of by member B and there are no independent witnesses (no witness at all).

The 'committee' have been asked to step in and make a ruling on the case but my thoughts are it is difficult to find someone guilty of something without being able to prove it and there is no real evidence. In saying that, I cannot prove that member B is making a false allegation?

Any advice on how to deal with this?

Racial abuse is different to an isolated/ heated incident where stupid people gob off and in effect say something racist although they're not racist at all. The committee potentially has a duty of care to protect all the cyclists and there is potentially an equality Act 2010 claim against the person who said it. Of course direct evidence is obviously better than allegations of racial abuse in which the latter comes under the court's hearsay rules/ evidence. So, yes there is potentially a claim but as others have said it depends on the history of this apparent racial abuse rather than just isolated incidents. Is it just something that has got out of hand or is it serious is the question. It could also be harassment - a criminal type if sufficiently serious enough.

[wales01man]

Re: Race Issue

If there is no history between them ask them to shake hands and get on with their lives reminding them both that there is acceptable behaviour and unacceptable behaviour without some independent witness or proof what can be done take the claims to court ?
In this world people say stupid things and others hear stupid things sad to say.

[Snoopy1948]

Re: Race Issue

I agree with everything that has been said here .... without independent proof, or even the balance of probability ( i.e. member A has been noted as a serial offender ), then there is little one can do except bring all parties to unity on the matter. I have seen such 'committees' in the past make harsh and often unfounded judgements on such matters merely because the think they have the power to do so but in this case, they should direct all parties to become aware of what has been said, acknowledge the alleged offence and that in the absence of supporting evidence there is nothing that can be done except acknowledge the comments from both parties and note them for future reference.

Racial tension is a major issue and really should have no place in society and especially in sport where rivalry needs to be harmonious by default.