The aftermath of DG's resignation - what next for the FFSG?

Nathalie Péchalat in @le_Parisien: "The role of the FFSG is to ensure the safety of its licensees. It is not intended to replace criminal justice. From now on, it will systematically act as a civil party in all cases of sexual violence."
Article (not sure if we can read online for long; there's a screenshot photo included with the tweet):
 
PARIS (AP) — More than 20 coaches working with the French ice skating federation or its clubs have been identified following an investigation into accusations of sexual assault, harassment or violence, the French ministry of sports said on Tuesday.
...
After conducting hearings and analyzing athletes’ testimonies on a dedicated platform set up by the ministry, the probe found out 12 coaches have been accused of harassment or sexual assault, including three who were sentenced to prison terms. In addition, seven cases of physical or verbal violence were reported, while two other cases related to trainers who died before the end of judicial proceedings.
“The volume of cases identified is indicative of practices and behaviours that have been replicated through generations of coaches,” the ministry said. “It is unparalleled internationally.”
The investigation also pointed out a “real alcohol problem” among some skating coaches.
 
The Ministry of Sports won't nuke it and FFSG won't be decertified. I unfortunately have no time to translate the article as I'm at work, sorry. But it mentions 21 coaches reported for either sexual or verbal abuse or harassment: 3 of them have been sentenced to jail or received a suspended sentence, 7 of the claims are relating to physical or verbal violence but most of them are past the statute of limitations ; 2 others have been made after the involved coaches were dead. Further to these reports, 1 coach have been placed in remand in February and 5 have been suspended. Welcome to French figure skating :scream:

Edit : ooops, Sylvia was quicker than me :)
 
The Google is refusing to translate this one and the AP story doesn't mention it. Why won't they nuke it?
 
The AP story starts out repeating what @cholla and @Sylvia reported and mentions that this number of cases showing repeated practices and behaviors that have lasted generations in figure skating and ice dance is unparalleled internationally.

From the story:
According to the report, the concentration of powers in the hands of a few people at the FFSG could "only encourage a form of omerta on the suspicions that weighed on coaches and could have led to the absence of disciplinary proceedings or even simple investigations, into acts of violence denounced by victims."

The mission also notes “that some skating coaches have a real alcohol problem, the consumption of which can also be a form of early initiation of young athletes."


The report also mentioned a lack of transparency and internal conflicts.

The article goes on to say:

The name of Didier Gailhaguet is never mentioned. But the one who was president of the FFSG between 1998 and 2020 (with an interruption between 2004 and 2007), is obviously targeted.

Resigned on February 8, Didier Gailhaguet has since initiated legal action against the ministry. Nathalie Péchalat was elected president of the FFSG on March 14, but she is not the recipient of this report, which was given to the former president.


The report concludes by recommending that the FFSG "draw up its own code of ethics and professional conduct, to submit affiliated clubs to an obligation to inform the Federation in the event of acts of violence committed by managers or coaches," to better supervise the accommodation of minor skaters away from home by a charter defining its terms."

The article ends with:
Another report, concerning the administrative and financial management of the FFSG, is expected in the Fall.
 
The report was given to DG? Why on earth?

I mean, I can understand the Minister waiting until the governance section of the report is complete too before making a final call, but that point just seems to highlight the mess the FFSG is in on all fronts right now.
 
Wow, I missed that! That's crazy.
It may be crazy but it's the law. Nathalie was not president when the investigation was launched, Gailhaguet was. She cannot be held responsible for what was done under him. She would very much like to read the report and the conclusions but it is now into the hands of a court, hence "classified". She will have access to it sooner or later as FFSG (under her presidency) has filed a civil case against its former management but justice is VERY slow. Sending the report to Gailhaguet may seem totally useless but it's done that way so he can build a defense in front of the court (again that's the law), not for him to change things within the federation as he is no longer at its head.

Nathalie cannot change things overnight and can't go against the law. I was wrong when I wrote, a few days ago, that the nuking was off the table. It's still very much the sword of Damocles hanging over the whole mess. All the administrative statuses and organisations were unlawful and they (Nathalie and her team) have to put everything in order urgently. I'm no lawyer and no specialist but that's roughly what's happening right now. And for the record, I have no idea if Nathalie is competent enough or not for all this. We'll see.
 
It may be crazy but it's the law. Nathalie was not president when the investigation was launched, Gailhaguet was. She cannot be held responsible for what was done under him. She would very much like to read the report and the conclusions but it is now into the hands of a court, hence "classified". She will have access to it sooner or later as FFSG (under her presidency) has filed a civil case against its former management but justice is VERY slow. Sending the report to Gailhaguet may seem totally useless but it's done that way so he can build a defense in front of the court (again that's the law), not for him to change things within the federation as he is no longer at its head.

Nathalie cannot change things overnight and can't go against the law. I was wrong when I wrote, a few days ago, that the nuking was off the table. It's still very much the sword of Damocles hanging over the whole mess. All the administrative statuses and organisations were unlawful and they (Nathalie and her team) have to put everything in order urgently. I'm no lawyer and no specialist but that's roughly what's happening right now. And for the record, I have no idea if Nathalie is competent enough or not for all this. We'll see.

Thanks for the extra information - I didn't realise the report was initiated during DG's presidency. It does seem strange to me that the completed report would go to the person who was then president and not to the office of the presidency no matter who's in it, as it's FFSG business, but the people who produced the report have to follow the rules as they exist after all.

Whatever one thinks of Pechalat's position on things, it's true that basically rewriting the FFSG's rules and procedures from the ground up, which is what it sounds like she's needing to do, would be a gargantuan task with a lot of legal implications, and could not be completed in three months flat.
 
But she wasn't the one who put together the task force that didn't actually do any investigation, right? Dider did that.
The disciplinary commitee existed before Nathalie. It wasn't right on course when she was elected, some of its members were not in capacity, rendering it unable to function. Nathalie did not put the task force together, but she was the one calling for the disciplinary session. To make it work, they (she and her team) had to, first, put it back on legal track by finding members who could legally be part of it.

Then, the duty of the disciplinary commitee is NOT to investigate. Its field of competences is limited to decide of sanctions when people breach the rules set by the federation. As I am currently working on this media-wise, I asked a lawyer for legal details (a lawyer who has nothing to see with figure skating and who doesn't even know what sport is concerned by my research). To pronounce a sanction, the disciplinary committee must have a legal document which will serve as the basis of the whole procedure. In this particular occurence, it could have been a complaint to the police (there is none), the proof of a legal investigation (Safe Sport doesn't communicate on its investigations nor does the Sherif office apparently), or the subject of litigation itself, i.e. the picture. It seems no one was in a position to provide such a document, even not the lawyer's victim. (Before I'm flamed for this, please people, I am NOT blaming anyone, just giving the informations I gathered and note the use of "seem, apparently", etc as I'm not claiming everything I was told by my contacts @ FFSG is true) Ciprès may not be the brightest bulb in the chandelier but he was certainly not going to provide the picture and willingly incriminate itself in front of the committee. That's also why the Ministry of Sport hasn't nuked the federation. It would have been the perfect opportunity, except the law is not on the Ministry's side. Media investigations and articles aren't legal documents so, even if the whole world knows for a fact that Ciprès did send this dickpic to a minor (his "apology" was made public by the press, and it's equivalent to a virtual confession but as long as the committee didn't have a copy of the original message, they couldn't base their sentence upon it either), there was no legal way to sentence him.

I read countless times that FFSG and the disciplinary committee hadn't bother to ask, but it seems it's not true. I also read that Péchalat and Ciprès are "friends", which is not true either. Definitely. They were team mates for two seasons and met for competitions and a spring tour. I've never known them for being personal friends and I'm around the team very often. Among current and former French competitors, Ciprès' behavior did not go well at all. At a national gathering I attended last December, he was left alone and aside by his team mates for the entire day, had lunch with James and Meité only (these two are best friends) on a separate table, and he spent most of his time with... Didier Gailhaguet.

When the disciplinary commitee rendered its (absence of) sentence, I was among the first to facepalm so hard I almost fractured my frontal lobe. I couldn't believe it. (Oh and @hanca, I owe you a bottle of champagne 😉) But that was before I had the legal details about the whole thing. Not only could they not render a "verdict" (I'm putting verdict between brackets because a disciplinary committee isn't a court of justice even if it follows more or less the same rules), but they could have been sued if they had. Making an appeal would have been useless as things were, absence of material proof and so on, and you can't judge someone twice for a same crime. That's, I assume, why FFSG didn't appeal. I don't know what the future will be for Ciprès and what I fear the most is that, in France, there is nothing that can legally prevent him to resume competing. But... He hasn't had any financial support from FFSG, at least not since Nathalie has been elected as far as I know, and he has taken a day job to make a living. He hasn't trained for more then 6 months. To this day, he and his partner are still on different continents. But nr 2... Can the FFSG (as it is now or will soon be with the appropriate set of rules) legally cut him off completely if he isn't suspended by the disciplinary committee? Oh it happened in the past for other skaters who were not in odor of sanctity with Gailhaguet. And he had enough power and political ties to make them shut up. That is not Nathalie's case and she will be blackballed at the first mistake, she is in a very precarious position. Her seat is the ejection seat by definition. Not that she will jump to save herself like a fighter jet pilot, but someone at the Ministry will press the ejection key.

For the record, Nathalie is not one of my personal friends and has never been. Her former partner is. They haven't much contacts now as they no longer work in the same city and they hadn't much contact either even when they worked at the same rink. So I'm not posting to be her virtual defence attorney. My main concern is the competitors. I WANT FFSG to become a normal sport organisation that treats its athletes well, protect and defend them. The nuclear option would be a major landslide and probably a deadly one for the competitors, whether they are Elite or of a lower level. C0vid is enough of a threat looming over the forthcoming season without losing an entire team to a restructuring done as an emergency plan. French skaters, like anyone else, do not deserve to have they whole world turned upside down because a single moron among them committed a crime. Above all when some of them have been victims of abuse themselves. As much as we have been told that another organisation, like the National Olympic Commitee, would take over and every thing'd be fine, it's France people... With one of the slowest and heaviest bureaucracy system in the world. So I really don't know which option is the best but the nuclear one worries me much more than Nathalie being the new president. But that's just me and maybe I'm totally wrong...
 
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In this particular occurence, it could have been a complaint to the police (there is none)

But there is? The police have reopened it, haven't they? So there must be a complaint.

the proof of a legal investigation (Safe Sport doesn't communicate on its investigations nor does the Sherif office apparently)

Well this is plain stupid and needs to be fixed now, if Safe Sport can't even provide proof of investigation to the French Fed when their skater is the subject of it. They used Coughlin's cowardly exit as reason to discontinue saying that because he was dead there could be no danger. Well, Cipres isn't dead and he could very much be a danger to children in France. So why can't they provide evidence of an investigation? Dumb, dumb, dumb.

or the subject of litigation itself, i.e. the picture. It seems no one was in a position to provide such a document, even not the lawyer's victim.

I don't understand why the victim's lawyer could not provide the picture. It would be simple and prove everything right there.

I also read that Péchalat and Ciprès are "friends", which is not true either. Definitely. They were team mates for two seasons and met for competitions and a spring tour. I've never known them for being personal friends and I'm around the team very often.

I don't give a toss if they're friends, Cipres publicly posted support for her on social media and she publicly liked it and thanked him for it. And now he's getting off scot-free. That absolutely reeks and surely she has to realise that. It also wouldn't be that hard to extrapolate that she is not taking what he did seriously if she accepts his support.
 
But there is? The police have reopened it, haven't they? So there must be a complaint.

I think @cholla is referring to the French police in this case? ETA: Or perhaps the criminal case was opened in the US after the deadline for giving evidence to the commission had closed?

Thanks for the information about the legal situation, @cholla, it's very helpful in making sense of how this is playing out. One thing I'm coming to understand is that the French legal system and processes are different enough from the Australian ones that I can't afford to make any assumptions about how things operate based on how they'd happen here, which is something I've been guilty of doing in the past.
 
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Thanks cholla.

I can understand that Cipres couldn't be found liable without direct evidence (not media reports). I can also understand why Safe Sport and the victim's lawyer can't or won't turn the evidence over. It's highly confidential information about a minor. They have no idea if, once it's turned over to FFSG, if their bylaws mandate that Cipres receive a copy of it for his defense, and once it's out there, who knows where it will go.

What I don't quite understand then is how and why the complaint was opened with FFSG. That was based only on media reports? Who has the ability to file a complaint against him, if it wasn't the victim herself? Did the FFSG have to document that they at least attempted to obtain the evidence from Safe Sport?

In other words is the feeling in France that this was a good faith effort and they simply didn't have the ability to obtain direct evidence, or was it that someone put up a flimsy complaint against him so that it could be closed out quickly with no evidence? And, are they allowed to file the same complaint against him or reopen it later in the event that evidence becomes available (for example if Cipres were convicted in Florida?).
 
FFSG's September 29th press release announcing James/Cipres' retirement: https://www.ffsg.org/Fin-de-carriere-pour-Vanessa-James-et-Morgan-Cipres

Cross-posting this FFSG news in here since it's relevant to the subject of this thread: https://www.ffsg.org/Les-nouveaux-statuts-de-la-FFSG-adoptes
Looks like there have been things going on behind the scenes at the FFSG - this just crossed my explore page on Instagram and is also on the FFSG website (translation by Google because my languages brain is not working today):
A renewed confidence in Nathalie Péchalat, President of the French Federation of Ice Sports. This is how we can interpret the approval, over 83%, of the new statutes of the FFSG, this Sunday, October 11, during an Extraordinary General Assembly organized by videoconference and under bailiff due to the crisis. sanitary and economical.
"Thank you to all of you for coming forward, thank you for your enthusiasm and your confidence, Nathalie Péchalat said. This result encourages us to continue working hard, in the right direction and all together! "
Another satisfaction for the team in place, the approval of the eight resolutions of the Ordinary General Meeting that followed, including the minutes of the Elective General Meeting of March 14, 2020 (at more than 87%), the Regulations Internal (nearly 86%) or the Financial Regulations (almost 96%).
Via another Instagram post I picked up that one of the new statutes approved was a term limit for Presidents - three terms maximum, I think.

EDIT: L'Equipe article (in French) on the topic. Oh, this is good: it is a three-term limit for Presidents, and what that means is, explicitly, that Didier Gailhaguet cannot stand for the Presidency in 2022. The article says that he emailed all the clubs last Thursday asking (telling) them to reject these changes, and they ignored him, how beautiful.
ETA link to Nathalie Péchalat's post (good to see Sarah Abitbol's supportive message): https://www.instagram.com/p/CGNeCQbni1L/
 
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Gilles Beyer reportedly has been charged:

French article:
 
Beyer was taken into police custody on Wednesday morning but released Friday when he was charged by the Paris public prosecutor's office with "sexual assault by a person in authority and sexual harassment by a person in authority".
Contacted by AFP on Friday, Beyer's lawyer, Thibault de Montbrial, refused to comment.
A source close to the case told AFP that the cases of several women, minors at the time of the alleged events, could not be prosecuted under France's statute of limitations. These include the case of Abitbol.
The source said only more recent cases, involving six women who were adults at the time of the alleged events, can be pursued. Three of them have accused Beyer of sexual assault.
 
When the disciplinary commitee rendered its (absence of) sentence, I was among the first to facepalm so hard I almost fractured my frontal lobe. I couldn't believe it. (Oh and @hanca, I owe you a bottle of champagne 😉) But that was before I had the legal details about the whole thing.

I am really hoping that I will get that! I am looking forward to it already. ;)
 

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