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Sirens ASC ordered by ASA to reinstate player to senior squad

In another case of alleged harassment and discrimination in the waterpolo community, Sirens ASC were ordered by the ASA to reinstate their player, Matthias Azzopardi to the senior squad.

This case comes hot on the heels of the Neptunes case with player Dean Bugeja that was also exclusively reported at length in these pages.

However, the club was found not guilty of harassment and other disciplinary charges as per a decision taken by the ASA Disciplinary Commissioner, Dr Herman Mula.

The player who was represented by his lawyer Dr Jesmond Manicaro and his father, Stuart Azzopardi made a detailed complaint to the ASA Disciplinary Commissioner.

Sirens A.S.C. were represented by John Farrugia (Vice President) and Walter Degiorgio (Committee member).

The ASA Disciplinary Commission was made up of Dr Herman Mula and ASA Secretary General George Farrugia.

The complaint by the player

Upon reviewing the agreement dated 3rd September 2021 between the Player and the Club (the “Agreement”), as well as the relevant rules of the Aquatic Sports Association of Malta (the “ASA”) and World Aquatics’ (WA)
regulations, it is evident that the actions of the Club constitute discriminatory, disproportionate, unjust, and degrading treatment of the Player. These actions violate not only the ASA and WA’s rules but also the Club’s contractual obligations, as well as the fundamental principles of fairness and respect in sport.

Breach of Contract and Violation of Sporting Principles: A Case of Player Mistreatment

Under the terms of the agreement dated September 3, 2021, the Club is obligated to provide the Player with training, coaching, and resources to perform his role within the first team, barring any documented health issues. However, recent actions by the Club have raised serious concerns over breaches of contract and fundamental principles upheld by the Aquatic Sports Association of Malta (ASA) and World Aquatics (WA).

Despite contractual commitments, the Player has been barred from first-team training sessions (as evidenced by emails dated September 29 and October 12, 2024), required to train alone, and isolated from his teammates. Further compounding this, he has been excluded from friendly and competitive matches. These actions not only violate the Club’s contractual obligations but also contravene ASA and WA regulations, including the WA’s Protection from Harassment and Abuse Rules.

Harassment and abuse rule breaches

Harassment (4.1.1): The Player’s exclusion and isolation amount to psychological abuse, which constitutes harassment under WA rules.

Hazing (4.1.2): Forcing the Player to train separately from the team and denying him participation in team activities has inflicted emotional and psychological distress.

Neglect (4.1.3): The Club’s failure to provide necessary training and support–despite the Player’s position on the first team–demonstrates a neglect of duty, causing harm by impeding the Player’s development.

Psychological Abuse (4.1.4): The pattern of deliberate exclusion and isolation amounts to psychological abuse under WA regulations.

ASA board hears that player caused severe emotional distress

These prolonged and targeted actions have caused severe emotional distress, leading the Player to seek psychological assistance. Such treatment is both unacceptable and contrary to the core values of fairness and respect in sport, further intensifying the harm being inflicted upon him.

Despite the Player’s consistent professionalism, his recent exclusion appears directly tied to stalled contract renewal talks. The Player has informed the Club that he does not plan to extend his contract beyond the 2025 season but remains fully committed to his existing contractual obligations. Instead of permitting him to continue contributing as an active team member, the Club has opted to single him out, barring him from full participation. Meanwhile, other players in similar contract scenarios have not faced the same treatment, highlighting the unequal and discriminatory nature of the Club’s response.

During a meeting on September 27, 2024, attended by the Player, his father Mr. Stuart Azzopardi, Mr. John Farrugia, and Mr. Walter Degiorgio, the Player was informed that he would have to train separately from the first team. He was excluded from first-team activities in what was explained as a temporary arrangement to aid in finding a transfer, but this exclusion has since become indefinite. Despite the Player’s willingness to honor his obligations, the separation persists.

Exchange of emails between player and club

In an email dated September 29, 2024, Mr. Farrugia, representing the Club, confirmed the decision:
“As discussed, we do not believe it is appropriate that you attend first-team training until further notice.”

In a subsequent meeting on October 12, 2024, the Club reiterated that the Player was no longer regarded as part of the first team. When the following clause from the Agreement was highlighted:

“The Player is considered by the Club to be forming part of the first team squad unless the Club informs the Player that he does not form part of the first team squad in which case the Player shall have the right to transfer to a Club of his choice against the payment of a transfer fee as established by the ASA Transfer Tribunal regulations,”

Mr. Farrugia immediately sent a second email dated October 12, restating the exclusion:
“…The position has not changed since the last email. We believe it is not in the interest of the Club that he trains with the first team at this point until a solution can be found that is in the interest of both parties. In the meantime, Matthias is still considered to form part of the first team squad and will be paid accordingly…”

It is clear that the Player’s standing within the first team cannot be determined solely by his continued remuneration. His actual involvement in training, discussions, and matches defines his role. Excluding him from all first-team activities fundamentally contradicts his designation as a first-team member, reducing the Club’s commitment to a mere formality.

The final requests by the player

Finally, Dr Manicaro made the following requests:

  • Restore the Player’s full involvement in all first-team training sessions, meetings, friendly matches, and competitive events.
  • Ensure the Player receives the necessary coaching and support as stipulated in the Agreement.
  • Halt any further discriminatory or retaliatory actions directed toward the Player.

Decision by ASA Disciplinary Commission: not guilty of abuse or harassment but player must be reinstated to the senior squad

After listening to evidence from both parties the ASA Disciplinary Commissioner considered as follows:

Testimonies have made it clear that the Club took deliberate steps to exclude the Player from team training after he declined to sign a contract renewal. The Club suspected the Player had reached an agreement with another team, yet this suspicion was based solely on hearsay, which the Commissioner will disregard as it lacks substantive evidence.

It is also evident that the Club’s decision effectively sidelines the Player from competitive match practice at the club level for the remainder of his contract with Sirens. Such an action is deemed unacceptable, as it deprives the Player of necessary match exposure and jeopardizes any potential future call-ups to the National First Team. Regular competitive play is crucial for national selection, and this decision could thus impact water polo at a national level.

Further observations by ASA Disciplinary Commissioner

This exclusion from first-team participation, though a recent action, has not yet fully affected the Player’s competitive engagement. While it is apparent that his sidelining directly relates to his refusal to sign a renewal contract, this short-term exclusion does not meet the definitions outlined in Article 4 of the World Aquatics Rules on Protection from Harassment and Abuse. Consequently, the claim of harassment is considered unsubstantiated and does not warrant disciplinary action under these rules.

Importantly, it is due to these proceedings that the Club’s unacceptable treatment of the Player has come to light, highlighting the need for fair treatment in team and contract management.

Club was acquitted of all disciplinary charges against it

In light of the above, the Commissioner has ruled that the Club is not guilty of the disciplinary charges brought against it and hereby acquits the Club. However, the Commissioner directs that the Club must immediately reinstate the Player’s eligibility, including his full participation in senior team training. The Player shall also be entitled to all benefits afforded to any other registered player within the Club.

 


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