Evgeniy Zukin v International Tennis Federation

A decision in the appeal brought by Evgeniy Zukin against a decision of the International Tennis Federation Ethics Commission has been issued by the Independent Panel.

On 4 July 2022, the International Tennis Federation (ITF) and the Ukrainian Tennis Federation (UTF) received a letter from a number of Ukrainian tennis players, raising a complaint concerning the conduct of Evgeniy Zukin. Mr Zukin is the Chief Executive Officer (CEO) of the UTF and also serves as a member of the ITF Davis Cup Committee. The players claimed that Mr Zukin had engaged them publicly regarding contractual negotiations that should have taken place in private, called their honesty, integrity, and patriotism into question on various occasions, disclosed their confidential information on public online forums, coerced them to play for their national team at ITF competitions, and that the defamatory comments made by Mr Zukin brought and risked bringing the reputations of the players, the ITF, and the sport of tennis into disrepute.

The complaint called for Mr Zukin to be dismissed from his positions at the UTF and the ITF Davis Cup Committee, from his role as an ITF referee, and from any other position he may hold within the ITF.

On 7 July 2022, the ITF received a letter from the President of the UTF, stating that the UTF Board had decided not to take any action against Mr Zukin in relation to the complaint.

The ITF Ethics Commission, however, resolved that there was merit in conducting an investigation into the complaint. On 22 September 2022, Mr David Howman was appointed as the investigator, in accordance with paragraph 2.5 of Appendix 1 of the ITF Code of Ethics.

On 28 February 2024, upon conclusion of the investigation, a decision in the matter was rendered. The ITF Ethics Commission Chair determined that Mr Zukin had acted in a way that risks bringing the ITF and the sport of tennis into disrepute, contrary to his obligations under Article 2.1.4 of the ITF Code of Ethics. The sanction imposed comprised of a fine of $10,000 USD and a twelve (12) month suspended period of ineligibility to act on the ITF Davis Cup Committee.

Mr Zukin submitted a Notice of Appeal on 20 March 2024, in accordance with Article 4.2 of Appendix 1 of the ITF Code of Ethics.

On 8 October 2024, a hearing took place before Dr Stephan Netzle, who had been appointed to hear this matter as a sole arbitrator.

Mr Zukin disputed the entirety of the ITF Ethics Commission’s decision. He maintained that the complaint reflected the players’ subjective opinions, that the decision had taken into consideration events that went beyond those outlined in the complaint, and that his actions had been justified under the circumstances. He further affirmed that any public statement he had made was true to the best of his knowledge. Mr Zukin drew attention to the support he received, on 11 July 2022, from professionals and officials of the UTF and their confirmation that he had always behaved professionally and with high moral standards.

Conversely, Mr Zukin stated that he felt attacked by two of the players, in particular, who he claimed used their popularity and large community of followers on social networks to discredit him. Mr Zukin further stated that the disciplinary procedure conducted by the ITF Ethics Commission had caused irreparable harm to his reputation, that the sanctions imposed were excessively severe and disproportionate.

In assessing whether Mr Zukin’s conduct was in breach of the ITF Code of Ethics, the Independent Tribunal confirmed that it shared the view of the ITF Ethics Commission, in that Mr Zukin engaged in the alleged behaviour when acting in his capacity as the CEO of the UTF and not as an ITF Davis Cup Committee Member and therefore, only those requirements of the ITF Code of Ethics, such as those set out in Article 2.1.4 of the ITF Code of Ethics, that Mr Zukin must follow at all times and not only when acting as an Official, would apply.

Article 2.1.4 of the ITF Code of Ethics outlines three elements that serve to establish the breach; in that (i) Mr Zukin’s behaviour would have to show a degree of severity that (ii) resulted in the reputation of the ITF and/or the sport of tennis being harmed or (iii) risked the reputation of the ITF and/or the sport of tennis being harmed.

On the first element, the Independent Tribunal found that Mr Zukin's reported statements concerning the players in the media, on social media, and also to members of a player's family were inappropriate, considering his role at the UTF.

Although the Independent Tribunal did not dispute that Mr Zukin's behaviour damaged the reputation of the UTF and also had a negative impact on the reputations of the players, there was no evidence to substantiate that Mr Zukin’s conduct also had any relevant impact on the reputation of the ITF or the sport of tennis as such.

The Independent Tribunal did identify that there remained a risk of Mr Zukin’s conduct repeating in the future. However, the responsibility of the Independent Tribunal does not extend to order precautionary measures to prohibit future risk. Such responsibility lies with the organisations, which appointed Mr Zukin and supervise his performance.

The Independent Tribunal further considered the comments made by Mr Zukin, as an Official acting in accordance with the ITF Code of Ethics, with respect to the participation of high-profile players in the two main team competitions of the ITF. The Independent Tribunal supported the ITF Ethics Commission’s findings that Mr Zukin’s conduct was not appropriate and that such comments created a risk of bringing the ITF, as the organiser of these competitions, as well as the sport of tennis into disrepute.

The appeal was therefore partially upheld. The sanction of a twelve (12) month suspended period of ineligibility to act on the ITF Davis Cup Committee remained in place, in accordance with Article 4.2 of Appendix 1 of the Code.

In view of Article 6.1.3 of Appendix 1 of the ITF Code of Ethics, which allows for a fine “in an amount proportionate to the breach” to be imposed, the Independent Tribunal noted that the ITF Ethics Commission had not established why a fine of $10,000 USD had been levied, when it had not been established that the incriminating behaviour was connected with any intention of enrichment on the part of Mr Zukin, and why such amount was deemed proportionate to the breach. The fine imposed was therefore dismissed.

Sport Resolutions is the independent secretariat to the International Tennis Federation’s Independent Panel.

A copy of the full decision can be accessed via the related links tab on the right-hand side.