Miscellaneous Appeal – Civil (Tel Aviv) 621-06-18 Ran Arad v. Bnei Yehuda New Youth Department (2004) Ltd.

Counsel for the appellant: Adv. Amit Arad

Counsel for Respondents 1-2: Adv. Roy Rosen and Adv. Yuval Shadmi

Counsel for Respondent 3: Adv. Avishai Ifergan

(In an appeal under Section 12 of the Sports Law, 5748-1988)

The appeal of a 16-and-a-half-year-old boy who wants to leave the soccer club where he trains without delay.  Luz claimed: His coach, who has now decided that the club will be the team's coach next season as well, humiliates him and in one case even curses vigorously, until the player's spirit is broken, and it is no longer likely that his release will be restricted to any other club.  This approach is countered by the club's position, the essence of which is that one of the roles of a coach is to succeed professionally, and hence it is legitimate and even essential for him to criticize his trainees, even if angry, to say harsh and harsh things in their ears and in the ears of others, as happens on a daily basis (although not as the appellant described, it was argued), and even if the player is injured, this is not a reason for his release.  When the club refused, the appeal arose, which is based on the provision of the Sports Law, 5748-1988 (hereinafter: the Sports Law), which is heard before me as a judge authorized to do so in accordance with the provision of section 12 of the Sports Law.  The factual dispute is sparse, and the main decision here is between the opposing principled approaches as to what is reasonable and what is unreasonable in the field of sports training for minors.

Appeal

1. The appellant, Ran Arad (hereinafter: Ran), He Native Year 2002. In an appeal he filed through his father, a lawyer by profession, it is described that Ran is an outstanding athlete and is decorated both as an athlete and in the field of martial arts.  Football began playing in professional associations, in addition to these skills, from about the age of 9.  At the age of 13.5, he joined as a player in the children's team in the youth department managed by the respondents (hereinafter together: The Club).  At the age of 15, and he was in the club's "Boys C" team, he signed an agreement through his parents for two and a half seasons, that is, until he reached the age of about 17.5, about a year from now.  In accordance with the agreement (which is not the subject of this appeal), the club undertook to nurture it, as detailed therein.  On the other hand, the appellant is obligated to play for the club until the end of the agreement, except in the case of participation in less than 60% of the minutes of the game.  Ran's participation in the group involves a monthly payment of several hundred shekels, as is customary.
2. The coach of Ran's "Boys C" team in the 2016-2017 season, was appointed to continue coaching the team in the 2017-2018 season, when the team became "Boys B". He will deliberately remain here in the generic nickname The Coach, since the process - which was clearly difficult for him - did not involve him, and it became clear that his conduct, as further explained, was fully backed by the club and was in line with the club's professional guidance.  According to Ran, Continuing the coach with the team At the end of last season, he was discouraged, but with the encouragement of his mother (who is still repenting of his sin) and his father (who advocated the "contracts must be kept") approach., Continued for the Extra Season without saying and in accordance with the agreement.
3. This season, which ended in May 2018, was described by Ran as an ongoing nightmare. The appeal described how, in light of the team's insufficient success, the coach began to impose an "atmosphere of terror" (all - according to the appeal's claims, of course) on the team, in games and in training.  The coach used to yell at the players almost incessantly, during games and sometimes even during training, including frequent use of derogatory nicknames towards them, in connection with mistakes they made, while the appellant was frequently nicknamed "Golem" by the coach.

The coach's conduct throughout the year, it appears from the description, constituted ongoing abuse as far as Ran was concerned.  From the constant screams and curses, Ran was hurt to the depths of his soul.  His mood throughout the season was sluggish, his studies were significantly affected, and so was his integration into school.  He suffered in training, for the first time in his life.  His parents hired him to coach a soccer coach as well as a "mental coach" to help him overcome the coach's oppression and learn how to overcome insults and humiliation.  Ran However, he did not want his parents to talk to the coach or even contact the club In the matter, in light of his concern that the coach would be harassed and that his place in the lineup would be harmed.