Bill 102.

Summary.

The bill establishes a framework to prevent, prohibit and sanction abuse, harassment, physical, sexual or psychological violence, intimidation, discrimination and mistreatment across sporting disciplines. It would apply to athletes and other sports participants; coaching and health personnel; competition, maintenance and administrative staff; sports officials; members of sports organizations; and others involved in adapted, federated, competitive, high performance or professional sport, whether paid or volunteering. It defines the covered conduct, complaints and the protocol, and distinguishes psychological, physical and sexual abuse from negligence. Physical abuse includes inappropriate training loads, compelled alcohol consumption and forced doping practices.

The State, through the Panamanian Sports Institute (Instituto Panameño de Deportes), would promote compliance among sports organizations with legal personality recognized by the institute. The institute would develop a general protocol in collaboration with the Panama Olympic Committee (Comité Olímpico de Panamá) and the Panama Paralympic Committee (Comité Paralímpico de Panamá). The protocol would include prevention, awareness and education measures; intervention methods for possible breaches; a conceptual framework for the conduct covered; and disciplinary sanctions independent of civil and criminal sanctions pursued through the courts. Those three bodies and recognized sports organizations would promote compliance. Recognized organizations, other legal entities, corporations established for sporting purposes and competent authorities would adopt measures to prevent and sanction conduct involving workers, officials, coaches, athletes and other sports participants.

Each recognized national sports federation or association would establish an investigation commission to receive, examine and address complaints concerning possible breaches of the protocol. The commission would include a lawyer qualified to practice in the Republic of Panama (República de Panamá) and appointed by the federation or association; two representatives of the Athletes' Commission (Comisión de Atletas) of the Panama Olympic Committee for conventional sport, or of the Panama Paralympic Committee for adapted sport; a qualified mental health specialist appointed by the National Institute of Mental Health (Instituto Nacional de Salud Mental); and a representative of the Panamanian Sports Institute. Members would serve without pay and without a conflict of interest or other impediment involving the parties. The commission would have sixty calendar days to issue a report containing its decision and would apply the prescribed disciplinary sanctions when the report establishes a breach or failure to comply.

People connected with sports organizations who consider that the specified conduct has violated their rights would lodge a complaint with the commission of their federation or association. The commission would send a complete copy of the complaint to the Panamanian Sports Institute and the Panama Olympic Committee within five business days. A Safe Sport Office would be established to receive the complaint and would have thirty calendar days to forward a technical report. The provisions could affect sports federations, associations, sports entities and health professionals working with athletes, as well as the public institutions involved in promotion, investigation and complaint handling.