Zidane's Last Red Card {A} BAB'I32 Exhibit 1 - FIFA Disciplinary Code (FDC) Chapter I General Part Section 5 Determining the Sanction Article 40 General Rule 1. The body pronouncing the sanction decides the scope and duration of it. 4. The body shall take account of all relevant factors in the case and the degree of the offender's guilt when imposing the sanction. Chapter 1] Special Part Section 1 Physical Assault Article 47 Physical Injury 1. A player who deliberately assaults someone physically or damages his health will be suspended for at least four matches. An ofcial who commits such an infringement will be suspended for at least eight matches. 2. The suspension shall be imposed at every level (local, national and international). 3. In any case, the body will impose a minimum ne ofCHF 5,000. . . . Article 48 Violence 1. A player who deliberately assaults someone, but without harming him physically or damaging his health, will be suspended for at least two matches. An ofcial who commits such an infringement will be suspended for at least four matches. 2. Ifa person assaults someone by spitting at him, he will be suspended for at least six matches. 3. In any case, the body will impose a fine amounting to at least CHF 5,000 . . . Section 3 Offensive and Racist Behaviour Article 54 Offensive Behaviour 1. Anyone who insults someone in any way, especially by using offensive gestures or language, will be sanctioned with a match suspension. If the perpetrator is a player, he will be suspended from at least two matches; if he is an ofcial. he will be suspended from at least four matches. 2. If the victim of the attack is FIFA itself or one of its bodies, the duration of the suspension will be doubled . . . BAB132 December 5, 2007 BABSON Zidane's Last Red Card CASE A Based on television viewership, World Cup soccer - known as football in much of the world - was the most popular event on the planet.' Responsibility for organizing, managing and overseeing the World Cup rested with the Federation Internationale de Football Association , a non-profit Swiss association known by its acronym FIFA. FIFA described itself as "world football's governing body" and as such, it was one of the most quintessentially global organizations in the world. In fact, former United Nations Secretary General Kofi Annan concluded that FIFA was actually more universal than the UN, based on membership (FIFA has 207 members; the UN has 191) and he admitted this "makes us at the United Nations green with envy." FIFA was mindful of its far-reaching power; among its stated objectives were improving and promoting the game of football globally "in light of [football's] unifying, educational, cultural and humanitarian values, particularly through youth and development programmes." Working toward these lofty goals took an interesting twist when, in the last few minutes of the 2006 World Cup final match, French superstar Zinedine Zidane forcefully head-butted his Italian opponent, Marco Materazzi, who collapsed instantly. Materazzi recovered quickly, but FIFA was left with both questions and decisions. An estimated two billion people watched the final World Cup match in Berlin on Sunday, July 9, 2006 between France and Italy. Zinedine Zidane, a hugely popular French player had announced that, at age 34, this would be the last match of his career. Affectionately knownZidane's Last Red Card (A) BAB132 Horacio Elizondo, a referee from Argentina, gave Zidane a red card in the 110" minute, ejecting the superstar from the game. Frenzied and widespread speculation followed immediately. What motivated Zidane to head-butt his opponent in these final moments of both the World Cup and his career? One journalist summed up that it was "a blow that has been variously described as being struck for France, Marseilles, Algeria, Muslim women, Muslim men and flair over mediocrity." For his part, Zidane said he was responding to a remark Materazzi made about Zidane's mother and sister, but wouldn't say what the remark was. Ten days of speculation, editorials and reports to the contrary (fueled in part by lip-readers from Britain to Brazil") ended with FIFA's July 20 announcement that Materazzi's comments were not of a racist nature."FIFA provided no further clarification of what had been said. In an interview with Gazzetta del Sport on September 5, 2006 * Materazzi broke his public silence on this issue and explained, "I did not provoke him, I responded verbally to a provocation." According to Materazzi, he had pulled Zidane's shirt during the match, a common practice among children and professional football players alike. Zidane told Materazzi, "if you want my shirt I will give it you afterwards [sic]." (A perhaps curious custom, professional football players often exchange shirts after the game as a souvenir, sign of camaraderie or token of respect). But apparently Materazzi did not feel he really needed a sweaty, smelly French football jersey that had just been through the Word Cup. In any event, he replied to Zidane, "I would prefer your sister."25 The final World Cup match came to a close without Zidane. Italy won 5 - 3 after a penalty kick shoot-out. When then-Prime Minister of Italy Romano Prodi entered their locker room, the exuberant Italians "did what only came naturally." They sang O Sole Mio." Meanwhile, voting closed for the prestigious Golden Ball award, bestowed upon the best player in the World Cup. Authorized journalists voted at ballot boxes set up in the media center in Berlin. Polls closed at midnight; most journalists voted before the head-butt. According to one BBC sports news correspondent, "If you'd asked the 2,012 journalists - who voted for him - after the game whether they wanted to change their vote, they probably would have."Too late for that. Zidane returned to Paris and received treatment as a national hero. He was greeted by President Jacques Chirac who pronounced, "You are a . . . genius of world football . . . You are also a man of heart, commitment, conviction. That's why France admires and loves you."Zidane's Last Red Card (A) BAB132 The issue of Zidane's red card and what penalty should be meted out remained FIFA's unenviable task. Within two days of the World Cup final, FIFA released the news that disciplinary proceedings against Zidane" and Materazzi" had begun. To undertake the assignment of determining whether and what sanctions should be imposed on the players,"FIFA selected five of the nineteen members of its Disciplinary Committee. FIFA regulations require that all Disciplinary Committee decisions be made independently of any other person or body within FIFA." Also see Exhibit 1 - FIFA Disciplinary Code. While the identities and home countries of the nineteen members was public record", FIFA never released the names of those who served on the smaller panel charged with deciding Zidane's and Materazzi's cases, except to say that Marcel Mathier led the panel. Mr. Mathier was a Swiss lawyer who served as chair of FIFA's Disciplinary Committee". The five member panel he led held separate, private hearings" for each player - Materazzi's was held on July 14 and Zidane's on July 20. FIFA revealed little about the players' testimony, except that "[both players stressed that Materazzi's comments had been defamatory but not of a racist nature." Meanwhile, wild, world-wide speculation on how this matter would and should be handled raged on, including the ethical and legal implications. The morning after the match, FIFA announced Zidane won the Golden Ball award. Subsequently, FIFA President Joseph S. Blatter stated that FIFA's Executive Committee "has the right and the duty to intervene when faced with behaviours that are against the ethic of sport," and he "hinted" that Zidane could be forced to return the Golden Ball award due to the head- butt. If Blatter's characterization of FIFA Executive Committee power was true, many observers questioned if the Executive Committee should require Zidane to give up the Golden Ball award.Zidane's Last Red Card (A) BAB132 as "Zizou," he was, "in the eyes of many, the greatest football player of the past 20 years" and was in fact called "the greatest player in the world" by none other than David Beckham." French coach who worked closely with him said, "His control is precise and discreet. He can make the ball do whatever he wants. But it is his drive which takes him forward. He is 100 per cent football." A reporter covering the 2006 World Cup knockout games observed that Zidane's genius was evidenced by masterly performance of 360-degree spins, quirky ball drags, and lasered passes." Although Zidane's enormous talent and skill on the football field was universally agreed upon, his persona wasn't. Conflicting opinions on Zidane the man abounded. The son of Algerian Muslim immigrants, Zidane grew up in subsidized housing in a tough section of the "toughest and most deprived of French cities" (Marseilles). His professional history included some rough play on the field. He could "erupt into shocking violence that is as sudden as it is inexplicable." Stomping on the back of a Saudi Arabian player during the 1998 World Cup earned him a two game suspension, for example." Nor was the 2006 World Cup Zidane's first public head butt. That occurred in 2000, when he played for Juventus, a prestigious team from - ironically - Turin, Italy. 16 Many perceived Zidane as a quiet, shy man. One report described him as a "naturally timid and modest person." A leading French philosopher, Bernard-Henry Levy, was quoted as saying Zidane was "more admired than the Pope, the Dalai Lama . . . and Nelson Mandela put together."But a French singer found him elusive: "Nobody knows if Zidane is an angel or a demon .. . He smiles like Saint Teresa and grimaces like a serial killer." Timidity was not one of the many facets Zidane revealed at the 2006 World Cup final match in Berlin, though. With about eleven minutes left, the score was tied 1-1. The French goal had been scored by Zidane; the Italian goal had been scored by the skillful Italian defender, Marco Materazzi, who had been guarding Zidane more than any other player had. Television cameras focused on Zidane, strolling casually along the field past Materazzi. Zidane then turned around, walked slowly back, and suddenly gave Materazzi a powerful head butt into the chest. Materazzi doubled over, had the wind knocked out of him and tumbled to the ground. Once Zidane saw that Materazzi lay on the ground, he, just as slowly as before, walked away.1. How the Law of Torts apply in the case \" Zidane's last red card" 2. How are the principles, questions and concerns relating to FlFA's rules are transferable to many other types of rule- based systems (legal codes; business policy development, etc.). For example, a manager drafting the company's sexual harassment policy and guidelines for internal investigation of alleged sexual harassment is essentially dealing with rule-drafting, evidence and compliance issues similar to FIFA or to governmental institutions