Cricket SA’s former head of sales and sponsor relations Clive Eksteen is taking the governing body to the Commission for Conciliation‚ Mediation and Arbitration (CCMA) for unfair dismissal just days after his sacking.

Eksteen was fired with immediate effect on Sunday after he was found “guilty of transgressions of a serious nature” following a lengthy disciplinary process.

The 53-year-old former player was suspended in October last year along with chief financial officer Naasei Appiah and then acting director of cricket Corrie van Zyl in a matter involving players and player contracts through players’ union the SA Cricketers’ Association (Saca).

The trio’s suspension was related to their dereliction of duty following non-payment of player fees stemming from the 2018 Mzansi Super League (MSL).

Appiah is also appealing while Van Zyl has since been reinstated.

Eksteen said he faced five counts of misconduct.

He was acquitted of the three charges‚ which related to Saca‚ and was also exonerated in the fourth charge regarding a sponsorship deal between a sponsor and a broadcaster.

Eksteen believes the fifth charge‚ relating to a sponsorship deal between a multinational company and CSA‚ was a “lesser charge” and therefore he “should not have been dismissed at all‚ let alone found guilty”.

“In these circumstance‚ I shall be immediately be referring a dispute to the CCMA regarding my unfair dismissal‚” said Eksteen in a statement on Tuesday.

The fifth charge Eksteen refers to is a sponsorship deal concluded between a multinational company and CSA for an amount allegedly less than had been approved by the governing body’s executive‚ which resulted in CSA losing out on some R1.7m in revenue.

He said he was made a scapegoat for the ineptness of others and is convinced his name will be cleared at the CCMA.

“My attorney and I are totally confident that I will be vindicated in due course. Unfortunately‚ I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked.”

Eksteen said the fifth count was unrelated to the Saca matter and accused CSA of misinformation after the governing body said he was found “guilty of transgressions of a serious nature”.

“I was charged with five counts of misconduct. The first three counts were in respect of the Saca issue (“the Saca charges”)‚ for which I had been suspended‚ the fourth count was in respect of a sponsorship deal concluded between a Sponsor and a Broadcaster (to which CSA was not a party) (“CHARGE 4”)‚ and the fifth count alleged that i have concluded a sponsorship deal between a multinational company and CSA (“CHARGE 5”) for an amount less than had been approved by CSA Exco‚ as a consequence of which CSA “suffered financial loss‚ reputation and image” (sic).

“I was acquitted on all three of the Saca charges as well as CHARGE 4. To my astonishment‚ I was found guilty of CHARGE 5 and received the sanction of dismissa‚” said Eksteen in a statement.

Eksteen said the chair of the proceedings found that it was actually his involvement later on that was instrumental in getting Saca eventually paid.

The disciplinary proceedings against Eksteen started in November last year and were finalised in April. He subsequently lost an appeal against his sanction.

“My astonishment at my conviction of CHARGE 5 is due to‚ among others‚ the following facts: the sponsorship was signed by my superior‚ not by me; no evidence was presented of Exco having mandated a final amount for the sponsorship; and my superior in her evidence failed to mention that she had read a message from me to her‚ prior to the Exco meeting‚ in which I had told her of the current offer on the table from the sponsor.

“The Chair chose to ignore these facts‚ and plainly misunderstood the nature of the sponsorship too.

“The Chair found as follows: “I do not find that the employer established that CSA suffered reputational or image damage in relation to the conduct of the employee and whilst there was no financial in a true sense of the word for CSA‚ revenue was lost‚ as testified by witnesses. CSA accordingly lost revenue in the amount of USD$100 000.00‚ even if it was for lesser rights. I accordingly find the employee guilty of charge 5.”

Eksteen said the chairperson’s finding that revenue in the tune of R1.7m was lost was directly contradicted by the evidence of CSA’s employees. He accused the chairperson of bias.

“Subsequent to my conviction‚ I presented evidence in mitigation. This included a variety of testimonials. The Chair refused to accept pertinent testimonials into evidence.

“She also refused to accept that CHARGE 5 was a minor charge‚ way less serious than the Saca charges on which I had been acquitted.

“In addition‚ I am in possession of evidence which exculpates me‚ which has come to light after the conclusion of the disciplinary inquiry‚ which evidence was known to CSA at the time.

“My reputation and integrity have been severely questioned and tarnished‚ and I believed the disciplinary process would allow me the opportunity to lay out the facts around my suspension as well as subsequent allegations levelled against me.”

Cricket SA’s former head of sales and sponsor relations Clive Eksteen is taking the governing body to the Commission for Conciliation‚ Mediation and Arbitration (CCMA) for unfair dismissal just days after his sacking.

Eksteen was fired with immediate effect on Sunday after he was found “guilty of transgressions of a serious nature” following a lengthy disciplinary process.

The 53-year-old former player was suspended in October last year along with chief financial officer Naasei Appiah and then acting director of cricket Corrie van Zyl in a matter involving players and player contracts through players’ union the SA Cricketers’ Association (Saca).

The trio’s suspension was related to their dereliction of duty following non-payment of player fees stemming from the 2018 Mzansi Super League (MSL).

Appiah is also appealing while Van Zyl has since been reinstated.

Eksteen said he faced five counts of misconduct.

He was acquitted of the three charges‚ which related to Saca‚ and was also exonerated in the fourth charge regarding a sponsorship deal between a sponsor and a broadcaster.

Eksteen believes the fifth charge‚ relating to a sponsorship deal between a multinational company and CSA‚ was a “lesser charge” and therefore he “should not have been dismissed at all‚ let alone found guilty”.

“In these circumstance‚ I shall be immediately be referring a dispute to the CCMA regarding my unfair dismissal‚” said Eksteen in a statement on Tuesday.

The fifth charge Eksteen refers to is a sponsorship deal concluded between a multinational company and CSA for an amount allegedly less than had been approved by the governing body’s executive‚ which resulted in CSA losing out on some R1.7m in revenue.

He said he was made a scapegoat for the ineptness of others and is convinced his name will be cleared at the CCMA.

“My attorney and I are totally confident that I will be vindicated in due course. Unfortunately‚ I believe I have been made a scapegoat for the shortcomings of others and I believe further that relevant evidence has been ignored or overlooked.”

Eksteen said the fifth count was unrelated to the Saca matter and accused CSA of misinformation after the governing body said he was found “guilty of transgressions of a serious nature”.

“I was charged with five counts of misconduct. The first three counts were in respect of the Saca issue (“the Saca charges”)‚ for which I had been suspended‚ the fourth count was in respect of a sponsorship deal concluded between a Sponsor and a Broadcaster (to which CSA was not a party) (“CHARGE 4”)‚ and the fifth count alleged that i have concluded a sponsorship deal between a multinational company and CSA (“CHARGE 5”) for an amount less than had been approved by CSA Exco‚ as a consequence of which CSA “suffered financial loss‚ reputation and image” (sic).

“I was acquitted on all three of the Saca charges as well as CHARGE 4. To my astonishment‚ I was found guilty of CHARGE 5 and received the sanction of dismissa‚” said Eksteen in a statement.

Eksteen said the chair of the proceedings found that it was actually his involvement later on that was instrumental in getting Saca eventually paid.

The disciplinary proceedings against Eksteen started in November last year and were finalised in April. He subsequently lost an appeal against his sanction.

“My astonishment at my conviction of CHARGE 5 is due to‚ among others‚ the following facts: the sponsorship was signed by my superior‚ not by me; no evidence was presented of Exco having mandated a final amount for the sponsorship; and my superior in her evidence failed to mention that she had read a message from me to her‚ prior to the Exco meeting‚ in which I had told her of the current offer on the table from the sponsor.

“The Chair chose to ignore these facts‚ and plainly misunderstood the nature of the sponsorship too.

“The Chair found as follows: “I do not find that the employer established that CSA suffered reputational or image damage in relation to the conduct of the employee and whilst there was no financial in a true sense of the word for CSA‚ revenue was lost‚ as testified by witnesses. CSA accordingly lost revenue in the amount of USD$100 000.00‚ even if it was for lesser rights. I accordingly find the employee guilty of charge 5.”

Eksteen said the chairperson’s finding that revenue in the tune of R1.7m was lost was directly contradicted by the evidence of CSA’s employees. He accused the chairperson of bias.

“Subsequent to my conviction‚ I presented evidence in mitigation. This included a variety of testimonials. The Chair refused to accept pertinent testimonials into evidence.

“She also refused to accept that CHARGE 5 was a minor charge‚ way less serious than the Saca charges on which I had been acquitted.

“In addition‚ I am in possession of evidence which exculpates me‚ which has come to light after the conclusion of the disciplinary inquiry‚ which evidence was known to CSA at the time.

“My reputation and integrity have been severely questioned and tarnished‚ and I believed the disciplinary process would allow me the opportunity to lay out the facts around my suspension as well as subsequent allegations levelled against me.”

ATLANTA — Starting June 1, college football and basketball players will return to campus and get back to work as COVID-19 continues to spread (the SEC will allow it on June 8). The NCAA says the workouts are “voluntary” and must be initiated by athletes. But those words don’t mean much when there’s a power imbalance between players (who have little) and coaches (who have a lot).

It’s clear what’s happening. College sports programs are facing enormous pressure to make money. They especially need football games in the fall for that goal. The NCAA’s decision to end the moratorium on athletic activity is the first step in getting unpaid, revenue-producing athletes back on the job during a global pandemic.

Given the track record of college sports, there is good reason to believe that the health and safety of athletes will be a low priority in this pursuit of money. That’s the case during normal times. The shameful outcomes of that mistreatment include the mismanagement of concussions suffered by athletes, covering up the sexual abuse of athletes and football players dying from heat strokes during workouts.

Now college sports programs are charged with looking out for player health and safety during a global pandemic. That’s because the NCAA (predictably) punted on creating real rules to do it. There’s no one without conflicts within the NCAA power structure advocating for athlete health, and no independent authority forcing the organization to do it.

Ramogi Huma advocates for athletes as executive director of the National College Players Association. Huma started doing it while still a football player at UCLA because he saw that athletes have few basic protections.

Huma said he’s not opposed to college sports staging competition this year so long as there are real health protections for athletes, they are fully informed of the potential risks and they don’t feel pressured to play.

“Rules need to be enforced and safety standards should be set by public health experts, not sports administrators with conflicts of interest,” Huma said. “Everyone should agree with that.”

That should include people who believe college athletes should be denied their basic economic rights. If they aren’t getting paid, they should at least have health protections.

The leaders of college sports programs say that the safety of athletes and staff are their top priority. While lifting the moratorium, the NCAA’s Division I council said it “emphasized the importance” of protecting player safety. It said access to facilities “should be provided in compliance with” state and local regulations.

But notice that those are suggestions, not mandates with penalties for failure to comply. This is standard procedure for the NCAA.

When it purportedly is looking out for the welfare of athletes, it issues “recommendations” to member schools with no oversight or consequences for violations. Meanwhile, the NCAA goes to court and “denies that it has a legal duty to protect student-athletes.”

It’s a different story when the NCAA wants to protect its exploitative “amateur” model. Then it creates a labyrinth of detailed rules to prevent athletes from earning their true market value with stiff penalties for players and programs who violate them.

The NCAA’s lack of oversight on player safety and the financial motives of sports programs have always been a detriment to real reform. COVID-19 raises the stakes for player health. Unlike concussions, it’s a contagious virus that’s difficult to control.

Public health experts expect additional waves of COVID-19 in the fall (just in time for football). With no mandatory NCAA protocols, player safety is in the hands of coaches, medical staff and administrators who are desperate to generate revenue. It’s not a good situation for athletes.

Huma offered the hypothetical of a quarterback at a big-time program waking up on game day with a cough and fever, two symptoms of COVID-19.

“We already know what’s going to happen,” he said. “We’ve seen players suffer concussions on national TV and being kept in the game while staggering around. There’s no accountability. It is unreasonable to think coaches and athletic programs will do right by players.”

The NCAA’s toothless efforts to improve player safety haven’t worked. It adopted “recommendations and best practices” for an independent model of medical care in 2017. The goal was for physicians and athletic training staff to provide care for athletes “free of pressure or influence from nonmedical factors.”

As usual, those guidelines for athlete welfare came with no NCAA oversight or penalties for failure to comply. The results were predictable for anyone familiar with how college sports works.

Only 53% of respondents to a National Athletic Trainers’ Association survey last year said their programs complied with the independent medical care model. About 19% of respondents said a coach allowed an athlete to participate after the athlete had been declared medically ineligible.

If so many programs ignored NCAA guidelines on player health before the pandemic, there’s little reason to think they’ll do it now when there’s even more pressure to play games to make money.

“Self-policing doesn’t work,” Huma said.

Not when people in power view labor as expendable. Oklahoma State coach Mike Gundy said that quiet part out loud in April. He called for the quick return of players to campus because they are healthy young athletes who can fight off the virus and, anyway, OSU needs “to continue to budget and run money through the state of Oklahoma.”

It dehumanizes athletes to say they should play because COVID-19 isn’t a big threat to them. It’s disgusting when it’s said by a coach who’s become a multimillionaire by extracting the value of his players’ labor. It would be easier to dismiss Gundy’s comments as an outlier in college sports if the NCAA model weren’t built on a foundation of that exploitation.

Another problem with the view that COVID-19 isn’t much of a risk for players: the possible long-term health effects is one of many unknowns about the virus. And anyone who thinks athletes who get sick won’t have it so bad should read Florida State football player Andrew Boselli’s essay on his experience with COVID-19.

Boselli was infected in March along with his father, mother and brother. Boselli wrote on the team’s website that he didn’t initially take the coronavirus seriously. Now he offers a warning.

“I promise, even if you’re young and healthy, you do not want this virus,” Boselli wrote. “Although I had what doctors consider to be a ‘mild’ case of it, my experience was anything but mild.”

Boselli’s father — former NFL All-Pro offensive tackle Tony Boselli — ended up in intensive care when his condition worsened. That’s a reminder that the issue isn’t just about young athletes. It’s also about the older people they might interact with. The list includes coaches, staff, administrators, professors and family members.

Nor can it be assumed that all college athletes are mostly immune to the harshest effects of COVID-19. The Centers for Disease Control and Prevention lists underlying conditions that may place people at higher risk of severe illness. Among them are heart disease, obesity and hypertension.

Ted Tatos, writing for The American Prospect, notes that multiple studies show football players, especially larger linemen, are at higher risk for those conditions.

Said Huma: “I’ve not heard one word about what programs’ plan will be with players that fall into those categories.”

Huma believes schools should be required to fully inform players about the risks of participating in sports now. That includes information about their susceptibility to those underlying health conditions. For players to have a real choice in the matter, they must be assured that they will keep their scholarship if they aren’t comfortable participating in sports during the pandemic.

Huma’s hope is that legislators eventually intervene to create rules for player safety based on guidance from public health experts. He’s calling for that effort to be financed by NCAA schools and enforced by an independent third party.

Pressure from lawmakers eventually forced the NCAA to give athletes (incrementally) more rights to their name, image and likeness (NLI). I’m skeptical the same can happen with player safety. Huma said he’s optimistic after talking with lawmakers while in Washington for a U.S. Senate hearing in February.

“Both sides of the (political) aisle understand that the NCAA is taking advantage of athletes in many ways, not just NLI,” Huma said.

Lifting its ban on sports activities is the latest way the NCAA is doing that. Now member schools will bring unpaid athletes back to campus during a pandemic so they can prepare to play and make money for those schools.

———

©2020 The Atlanta Journal-Constitution (Atlanta, Ga.)

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Updated at 3:56 p.m. Monday

Georgia’s attorney general appointed a black district attorney Monday to take over the case of a white father and son charged with killing a black man, making her the third outside prosecutor in a slaying that’s prompted a national outcry over suspicions that race played a role in delaying arrests.

Ahmaud Arbery, 25, was fatally shot Feb. 23 by the men who told police they chased him because they believed he matched the appearance of a burglary suspect caught on surveillance video. Gregory McMichael and his son, Travis McMichael, were arrested last week, more than two months later, after video of the shooting appeared online and provoked outrage. Federal prosecutors are also considering hate crimes charges, the Justice Department said.

Cobb County District Attorney Joyette M. Holmes takes over the case from prosecutor Tom Durden, who the state’s attorney general said asked to be replaced by someone with a larger staff and more resources as “this case has grown in size and magnitude.” Holmes is based in metro Atlanta, more than 300 miles from the coastal Georgia community in Glynn County where the shooting happened.

“District Attorney Holmes is a respected attorney with experience, both as a lawyer and a judge,” state Attorney General Chris Carr, a Republican, said in a statement. “And the Cobb County District Attorney’s office has the resources, personnel and experience to lead this prosecution and ensure justice is done.”

An attorney for Arbery’s father, Marcus Arbery, applauded the appointment of a new lead prosecutor.

“In order for justice to be carried out both effectively and appropriately in the murder of Ahmaud Arbery, it is imperative that the special prosecutor has no affiliation with the Southeast Georgia legal or law enforcement communities,” attorney Benjamin Crump said in a statement. He asked that Holmes “be zealous in her search for justice.”

The McMichaels weren’t arrested until after the video became public and the Georgia Bureau of Investigation was asked to look into the killing. It was not known Monday whether the McMichaels had attorneys to represent them. They had no lawyers at their first court appearance Friday.

Gregory McMichael, 64, and Travis McMichael, 34, have been jailed since Thursday on charges of felony murder and aggravated assault. Gregory McMichael is a former Glynn County police officer who later worked 20 years as an investigator for the local district attorney’s office. He retired a year ago.

Glynn County District Attorney Jackie Johnson recused herself from the case because the elder McMichael had worked under her. The first outside prosecutor appointed, District Attorney George Barnhill of the neighboring Waycross Judicial Circuit, stepped aside about a month later because his son works for Johnson as an assistant prosecutor. Durden got the case in mid-April.

Attorneys for Arbery’s parents and others, including Carr and the Southern Poverty Law Center, have asked for a federal investigation to weigh whether hate crimes charges should be brought. Georgia has no hate crime law allowing state charges.

“We are assessing all of the evidence to determine whether federal hate crimes charges are appropriate,” Justice Department spokeswoman Kerri Kupec said in a statement Monday.

According to Kupec’s statement, the department is also considering Carr’s request for federal authorities to investigate how local police and prosecutors handled the case. She said Carr has been asked to “forward to federal authorities any information that he has.”

The father and son told police they thought Arbery matched the appearance of a burglary suspect who they said had been recorded on a surveillance camera some time before, according to the Glynn County police report filed after the shooting.

Arbery’s mother, Wanda Cooper Jones, has said she thinks her son, a former high school football player, was just jogging in the neighborhood before he was killed.

The leaked video shows a black man running at a jogging pace. A truck is stopped in the road ahead of him, with one white man standing in the pickup’s bed and another beside the open driver’s side door.

The running man attempts to pass the pickup on the passenger side, moving briefly outside the camera’s view. A gunshot sounds, and the video shows the running man grappling with a man over what appears to be a shotgun or rifle. A second shot can be heard, and the running man can be seen punching the other man. A third shot is fired at point-blank range. The running man staggers a few feet and falls face down.

A man who says he recorded the cellphone video of the shooting said he’s received death threats.

William R. Bryan — who reportedly goes by “Roddie” — is identified as a witness in the police report taken after Arbery’s shooting. He also appears to be mentioned in a single sentence of the report, which says Gregory McMichael told an officer that “’Roddy’ attempted to block (Arbery) which was unsuccessful.” It’s not clear what that is referring to.

“I had nothing to do with it. I’m trying to get my life back to normal, and it’s been smeared for the last week,” Bryan told WJAX-TV in an interview that aired Monday. “I was told I was a witness and I’m not sure what I am, other than receiving a bunch of threats.”

Bryan has not been charged in the case. The TV station reported Bryan would not discuss his involvement in the events that led to Arbery’s death.

JACKSON, MI – A Jackson-area coach accused of sexual contact with a 15-year-old girl has had his case bound over to circuit court.

Jerrell Sanders, 31, of Jackson, is charged with one felony count of third-degree criminal sexual conduct. He waived his right to a preliminary examination on Wednesday, Jan. 22, sending his case to circuit court before Jackson County Circuit Judge John McBain. His next court date is not yet scheduled.

The case is being prosecuted by the Michigan Attorney General’s Office because of a connection between the Jackson County Prosecutor’s Office and the victim.

Sanders, a basketball standout from Grand Rapids who also played in college and the professional ranks, coached the alleged victim in travel basketball and gave her private lessons, police said.

The alleged incident happened in early November and Michigan State Police started an investigation into Sanders on Nov. 19, police said.

Sanders was arrested Nov. 23, and granted a $10,000 bond Nov. 24, according to jail records. His passport was seized by Michigan State Police to prevent him from fleeing the country, Jackson County Assistant Prosecuting Attorney Kelsey Guernsey said at his Nov. 25 arraignment.

Part of Sanders’ bond requires no contact with the victim and her family. MLive Media Group/Jackson Citizen Patriot does not name victims of sexual abuse.

Sanders coached AAU girls teams for Michigan Premier Basketball in Jackson at the Rando Activity Center, now known as the Michigan Sports Facility of Jackson. He was banned from the facility when police contacted the owners about the allegations, an official at the business said. Sanders also owns Sanders Elite Training, which offers individual and group sessions.

He was most recently an East Jackson High School girls basketball coach. He was suspended from coaching on Nov. 19 when school officials were notified of the state police investigation, and his coaching contract later terminated, Superintendent Steve Doerr said.

Sanders was a standout basketball player from Creston High School in Grand Rapids. He played for Ferris State University from 2010-12, after transferring from Columbus State, a junior college program in Ohio. Sanders also played for the Grand Rapids Drive, an NBA D-League team affiliated with the Detroit Pistons.

SALT LAKE CITY — A University of Utah football player has pleaded guilty to throwing an object at a man who allegedly hurled racial slurs at him first.

Keven Christopher Dixon, 21, took a plea in abeyance on Monday to a charge of criminal mischief, a class B misdemeanor. By entering into the plea deal, Dixon’s charge will be dismissed if he has no further violations for one year, according to court records.

Dixon’s odd case started Aug. 16. According to Salt Lake police, another man, James Donald Webster, 74, whose home is listed in court documents as being near 1700 East and 900 South, frequently drives along Guardsman Way near the University of Utah’s football practice facility.

Webster has a history of being upset with football players who jaywalk on Guardsman Way, said Salt Lake police detective Greg Wilking.

On Aug. 16, police say Webster was driving along Guardsman again, near 770 South, when he came upon a pedestrian. He stopped his car, got out and said “that if the pedestrian jaywalked again, (he) would hit him with his car,” according to the charges.

Later that same day, Webster drove by again and saw a different pedestrian. According to some witnesses, Webster may have even sped up and drove at the pedestrian once he saw him, Wilking said.

He allegedly “engaged in a verbal altercation” with that man and his friend as they got into their car.”

“(Webster) yelled racial slurs at this individual through the car window,” the charges state.

The two people in the car were Dixon and another football player, Scott Peck, according to Wilking. After they left the parking lot, they found themselves stopped at a light with Webster next to them. More words, including profanities were exchanged, prompting Dixon to throw a phone charger at Webster’s vehicle, Wilking said, allegedly breaking his windshield.

A short chase ensued following that confrontation, he said. Wester called police shortly after.

Peck was cited for careless driving, Wilking said. Webster was charged in November with two counts of disorderly conduct, a class C misdemeanor. A warrant for his arrest was issued on Feb. 16, according to court records.

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Dixon, a 6-foot-5, 290-pound junior from Buena Park, California, has yet to play in a game for the Utes. He redshirted in 2015 and saw duty on scout teams in 2016 and 2017. Dixon is considered to be in the mix for a backup role at left tackle this season.

Peck is no longer on the football team, having to retire for medical reasons after one season as a redshirt. The former offensive lineman remains on scholarship as a “medical non-counter” to complete his education.

Utah football coach Kyle Whittingham addressed the incident with Peck and Dixon at the time.

Contributing: Dirk Facer