Performance cyclist and coach Shaun-Nick Bester has been banned from Cycling South Africa for 15 years — and will thereafter remain on a lifelong suspended sentence and banned from coaching — after he was found guilty of sexual grooming, harassment and abuse.
The allegations related to two teenage girls he was coaching during 2018 and 2020.
Cycling SA said in February 2023, it had received the accusatory notices on its whistle-blowing portal.
“The Guardian, an independent consultancy, was contracted to conduct an independent investigation into these allegations. The Guardian reported serious misconduct on the part of Bester and the misconduct took place at a school, which is a member of Cycling South Africa, and Bester’s home,” Cycling SA said on its website.
The misconduct involved two young women, aged 14 and 17 at the time of the incidents. They accused him of sexually harassing them and introducing them to pornography.
The Guardian report was shared with the executive board of Cycling South Africa and Bester. Bester, through his legal team, initially requested Cycling South Africa’s executive board to reach an agreement in terms of which he would be suspended for a short period and that a non-disclosure agreement would be signed.
This proposal was rejected by Cycling South African, which then initiated a disciplinary process to be chaired by an independent chairperson and for the evidence to be led by a qualified attorney.
The disciplinary hearing took place from May to August 2023.
In that written ruling, which TimesLIVE Premium has seen, the chairperson said both witnesses had been subjected to intensive cross-examination — one for two days and the transcribed pages ran to 277.
“Both witnesses portrayed the accused as one that would either create or exploit situations whereby he would engage in discussions with a sexual undertone or he would engage in physical contact of a sexual nature. In some instances, he would invite them to indecent exposure. A common thread in all of this was a sociable, relaxed atmosphere within a cycling environment between coach and his athlete,” the report read.
“Surprisingly, Bester’s version of events was not put to the witnesses.”
The chair of the disciplinary inquiry delivered his finding and sanction at the end of October 2023. The independent chairperson found Bester guilty of all allegations of misconduct and ruled that he should receive a lifetime ban, both in South Africa and internationally, and that he should pay Cycling South Africa’s legal costs.
Bester and his legal team appealed the decision.
Sascoc then appointed an independent appeal panel which heard the review on May 13 2024 and delivered its ruling on June 2.
The appeal panel concluded that in respect of two of the charges relating to one of the victims, the appeal was dismissed. In respect of three of the charges relating to the other victim, similarly the appeal was dismissed.
The panel upheld the appeal relating to two charges.
In total, Bester was found guilty of five charges of misconduct.
Bester didn't respond to queries, but in a statement to his athletes he said he received the judgment.
“Take note this was an internal disciplinary forum's decision and that my legal representatives are attending to the matter.”
In its assessment of the evidence, the appeal panel said Bester’s attempts to discredit the credibility of the two complainants had failed dismally. He had confirmed most of the salient features of the incidents but had differed on detail and sequence.
Bester, the appeal panel said, had thought his advances to be lighthearted, fun or a joke. He had failed to realise that they were inappropriate. As locus parentis Bester should have shown more discretion and judgment. Instead, he was grooming the victims.
Dealing with the sanction, the appeal panel said it was acutely aware of numerous incidents of inappropriate sexual conduct between athletes and those in authority in a sports environment.
“Harsh penalties and sanctions have been the order of the day. Sport structures globally as well as in South Africa have adopted various policies and measures relating to safeguarding minors and other vulnerable individuals. Despite these measures, the problem still rears its ugly head.”
The panel said, however, that it must adopt a degree of mercy and reasonableness.
Bester was a first offender, married and coaching cycling was his only source of income.
The panel was of the view that a lifetime ban relating to all cycling activities was inappropriate and that a 15-year ban followed by a lifelong suspended sentence would be appropriate.
During the lifelong suspended sentence, he could only be an ordinary recreational member of CSA and could only participate in local events.
The appeal panel also found that Bester should pay 80% of Cycling South Africa’s legal costs.
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