In our sports practice we are seeing one issue repeatedly: athletes using their cell phone to:
bully other athletes,
to share racist, sexist and transphobic jokes,
to share naked or partially naked photos of other athletes without their consent (which is a crime!), and
to form group chats where some or all of the above occur.
I have shared versions of this blog with friends and family repeatedly but wish to write about it again here. The athletes tend to be very young - we’ve seen cases from ages 10-16. If our office is getting dozens of these files a year, I imagine it is a very widespread problem. Here is some basic information about the issue.
Cell Phone Misconduct
All amateur sports organizations are required to have codes on conduct and policies to impose discipline on their members. Discipline can include a broad range of sanctions: from apologies, educational requirements to suspensions and permanent expulsions.
When I first started practicing sports law, most of the discipline cases and sanctions were levied against coaches. In more recent years, the vast majority of the cases which pass through our office are cases where one athlete has mistreated another athlete. On the “cell phone cases”, the athletes tend to be very young. Their parents all had “no idea” and were highly embarrassed to find out what their child was doing on the cell phone that resides in their pocket. I’ve seen children share very racist memes in a group chat. I’ve seen swastikas in a group chat. I’ve seen kids take photos of other kids while in a changing stall and send it to their friends. I’ve seen kids take videos of other kids naked in change rooms (kids of all genders).
The problem is rampant. If you haven’t talked to your kids about inappropriate cell phone use, you need to.
What can be done
Sharing nude or partially nude photos without consent is a crime which should be reported to the police immediately. Do not delete the images or evidence until after the police preserve it.
In some cases we have been involved with, the children were deemed too young to prosecute. Some of the police forces we have dealt with still take the time to meet with the kids and their parents for educational purposes. In other cases, charges have been laid. Often, the alleged perpetrator(s) are placed under an immediate suspension by their club team and provincial association.
Once the police are done with the matter, or if there is no police involvement, the sport disciplinary process commences. Usually there is an investigation and collection of evidence phase followed by a disciplinary hearing often conducted by a lawyer (I have served as a disciplinary panel in these cases). In the most serious cases, athletes can be banned for life. The implication of this for high level athletes is very serious: you cannot compete on a provincial team, national team or internationally for Canada - ever. In the less serious cases, we have seen suspensions over multiple seasons and also required educational components (often costing a significant amount of money) that are required to be completed before the athlete returns.
How can we prevent this in our family/sports club
Children are not being educated young enough about the dangers of cell phone use and how bullying, sharing explicit pictures and other inappropriate content can have severe consequences. They also need to be educated on the traumatic impact these events have on victims - including cases of suicide. Often when bad behaviour is uncovered it is because one kid who sees the content is educated on these issues and reports it to an adult.
If sports teams have formally organized group chats with their athletes, it is recommended that two trusted adults be part of the chat to monitor for inappropriate activity. Sports organizations should also specifically give instruction to their athletes at the beginning of each season about the rules and expectations related to cell phone use and group chats. Sports associations should specifically consider cell phone usage and setting rules around it. I’ve seen some organizations decide to ban all cell phones from change rooms, for example. I’ve seen others require phones to be placed in baskets and surrendered until the end of the activity and handed back to athletes as they leave the change room. Consider whether these measures are necessary.
Sports organizations should also share rules regarding these issues that are in place at the rented facility where the sport takes place. Most municipal and university/college facilities have strict rules about the use of photography and recording devices in change rooms - this includes athlete cell phones. I’ve seen athletes banned from facilities due to recording video in change rooms.
If your child is a victim of inappropriate cell phone use, report it. Depending on the nature of the issue, I would report it to the police, the facility where the event took place, the sports association that your child is a part of and also the provincial association. If the victim and perpetrator(s) go to the same school, I’d also report it to their school. In some cases, Children’s Aid Societies are also involved - particularly when adults have been involved or aware of the behaviour and have not taken action. If we are all more vigilant and spread awareness of this issue, it is my hope that I see far fewer of these cases moving forward.
I am currently on sabbatical from my usual legal practice. One item I am working on while away is educational material for young athletes about these issues. I hope to have them ready by the fall and will share them here when they are ready. In the interim, please talk to your kids, let them know what kind of conduct to report and monitor their cell phone usage. You can also contact our associate lawyer Sydney McIvor about these issues while I am on leave. She is, unfortunately, becoming the expert in an area of law that I wish did not exist.
Erin Durant
Comments