A racers right to be heard
A racers right to be heard
Latest: April 1, 2022
Reaction to my campaign- am I a cheat?
After launch, there was a negative response on social media- accusing me of cheating.
The truth is that I have declined to use the permitted modifications to valve seats, and have r…
Read moreWho am I?
I'm Fiona Mauchland-Duff. I'm looking to fund a challenge to my suspension from autograss racing in 2022. I work with people who have learning disabilities, mental health issues and autism. Preparing for racing and competing is important to me as it is my way of relaxing and switching off from the physical and emotional demands of my working role. Being suspended hasn't only taken away my outlet and enjoyment, but has taken it away from my brother, mum and husband. We all spend time together at home preparing, and time away competing. It is very much a family interest.
What's this about?
I have been autograss racing since 2011. In late 2021, I was suspended from racing:
- Until 31st August 2022 by the governing body National Autograss Sports Association ("NASA")
- For all of the 2022 series by the UK Autograss Championsips ("UKAC")
A technical breach of the rules has been alleged, but the nature of the complaint has not been clearly set out. I've never been allowed a hearing to contest or challenge it, even though NASA and the UKAC's rules and regulations say a members licence to race can only be removed at a disciplinary hearing. The rules and natural justice also require that:
- the case against me be set outing in advance of the hearing
- I be invited to provide written statements for the hearing
- I have the right to attend the hearing
- the panel hearing the case be unbiased and impartial
- reasons for the decision be given
- I have the right of appeal, which should also be at a hearing with a right to be heard
These other requirements weren't met either. The same thing happened in 2019, but I just decided to accept the suspension without realising that NASA and the UKAC were acting in breach of their own rules.
Why does it matter?
I think it is important that sport governing bodies at every level should observe proper governance. That includes ensuring the rules are observed by competitors as well as by themselves. They must not be allowed to say and act as if the rules do not apply to them.
What do NASA and the UKAC say?
My lawyer has written to NASA and the UKAC. My lawyer asked for the ban to be lifted pending a fresh hearing, and offered to negotiate a settlement through mediation, evaluation and other courses. NASA's lawyers have replied curtly saying I did not even have a right to a hearing, despite the clear requirement in the rules. They did not take up my offer to negotiate.
What do I do now?
I have no option but to go to court, however I will keep the door open to negotiation in case NASA and the UKAC become willing.
I will be seeking orders that:
- the suspensions be set aside, even those from 2019, as they were in breach of rules and should not be allowed to stand
- If NASA and the UKAC want to bring fresh cases against me, I be allowed to race until they are decided
- I be awarded costs of the case
I will also seek compensation but only a nominal amount. My focus is to ensure fairness and proper governance -and show that no-one is above the rules.
How much funding?
I'm looking to raise £5000 to get the case started. I will ask for more help if NASA and the UKAC refuse to negotiate and dig in. NASA's case appears to be funded by its insurers, so I will be up against deep pockets. There is no prize money from competing, and I receive no money from sponsorships or endorsements.
To you for your time
Thank you for looking at my request. I'd be honoured and grateful if you would contribute to my attempt to correct what is unjust and unfair.
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I'll share on FacebookFiona Mauchland-Duff
April 1, 2022
Reaction to my campaign- am I a cheat?
After launch, there was a negative response on social media- accusing me of cheating.
The truth is that I have declined to use the permitted modifications to valve seats, and have retained standard factory production. This has actually disadvantaged me as the permitted modifications enhance engine performance. So I’ve been suspended for choosing not to enhance performance
NASA and UKAC seem to be saying that I must use the enhancements. But their case has never been clearly set out. So I think I’ve been treated unfairly and I would like a shot at vindication. The opportunity for NASA and the UKAC to negotiate and mediate remains, as yet this has not been taken up.
Thank you for your pledges and donations, it is much appreciated. Thank you also for the messages of support, your kind words and encouragement.
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