Cycling South Africa (CSA) has introduced Shaun-Nick Bester has been suspended from the game for 15 years after being discovered responsible of misconduct associated to sexual grooming, harassment and abuse of minors.
Bester is the son of South African highway operating nice and 1991 Comrades Marathon winner, Nick Bester.
Cycling South Africa assertion
The former professional road rider and Union Cycliste Internationale (UCI) licensed coach for Bester Performance Coaching and TrainingPeaks was accused in February 2023 of violating UCI and Cycling South Africa safeguarding insurance policies.
A statement on CSA’s official website detailed the case.
In February 2023, Cycling South Africa obtained, on its on-line whistleblower reporting portal, notices accusing Shaun-Nick Bester, a cyclist licensed with Cycling South Africa who additionally operated a training enterprise as a UCI stage 4 licensed coach.
The notices accused Bester of sexual grooming, harassment and abuse.
In line with all statues, insurance policies and laws, Bester’s conduct was in breach of UCI and Cycling South Africa’s codes and safeguarding insurance policies.
The Guardian, an unbiased consultancy, was contracted to conduct an unbiased investigation into these allegations.
The Guardian reported severe misconduct on the a part of Bester and the misconduct befell at a college which is a member of Cycling South Africa, and at Bester’s dwelling.
The misconduct concerned two younger ladies, one aged 14 and the opposite 17 on the time of the reported incidents of being sexually harassed and / or launched to pornography by Bester, their biking coach.
The report was shared with the Executive Board of Cycling South Africa and Bester.
Bester, by way of his authorized workforce, initially requested Cycling South Africa’s government board to achieve an settlement when it comes to which he could be suspended for a brief time frame and {that a} non-disclosure settlement could be signed.
This proposal was rejected by Cycling South Africa after which initiated a disciplinary course of to be chaired by an unbiased chairperson and for the proof Cycling South Africa to be led by a certified lawyer.
An unbiased chairperson was appointed to chair the disciplinary enquiry and to make a suggestion in regard as to if Bester was responsible of misconduct and what the suitable sanction must be.
The disciplinary listening to befell from May to August 2023.
The chair of the disciplinary enquiry delivered his discovering and sanction on the finish of October 2023.
Appealed the choice
The unbiased chairperson discovered Shaun-Nick Bester responsible of all allegations of misconduct that he ought to obtain a lifetime ban, each in South Africa and internationally and that he ought to pay Cycling South Africa’s authorized prices.
Bester and his authorized workforce appealed the choice.
SASCOC then appointed an unbiased enchantment panel.
The enchantment panel heard the evaluate on 13 May 2024 and delivered its ruling on 2 June 2024.
The enchantment panel concluded that in respect of two of the costs associated to one of many victims, the enchantment was dismissed, in respect of three of the costs associated to the opposite sufferer, equally the enchantment was dismissed.
Two of the costs associated to one of many victims, the enchantment was upheld.
Bester was discovered to be responsible of 5 of the costs of misconduct.
In the discovering coping with the sanction, the enchantment panel recorded its consciousness to “numerous incidents of inappropriate sexual conduct”.
The enchantment panel additionally makes point out of points involving the USA Ladies Gymnastic workforce, Dr Larry Nasser and the Bob Hewitt circumstances on this nation.
As locus parentis Bester ought to have proven extra discretion and judgment. Instead, he was grooming the victims.
The enchantment panel went on to state that regardless of the safeguarding measures, “the problem still rears its ugly head”.
The enchantment panel recorded that in contemplating an applicable sanction, there must be “some degree of mercy and reasonableness”.
Bester, being a primary offender, married and with a toddler, and training biking as his sole supply of earnings.
The panel discovered {that a} lifelong ban from all biking actions was inappropriate.
The enchantment panel discovered {that a} 15-year ban adopted by a lifelong suspended sentence could be applicable.
The enchantment panel additionally discovered that Bester ought to pay 80% of Cycling South Africa’s authorized prices.
Bester’s bike sponsor, Titan Racing Bikes, instantly ended sponsorship of Bester and Bester Performance Coaching upon studying Cycling South Africa’s announcement of the misconduct and suspension.
Bester is 33 years of age.
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