The Administrative Sports Court (TAD) in Spain has opened a case against Luis Rubiales for a “serious” breach of conduct, stemming from his unsolicited kiss on Jennifer Hermoso after the World Cup final. While the ruling of TAD is not considered “very serious,” it has hindered the Spanish government’s ability to immediately suspend Rubiales from his position as president of the Royal Spanish Football Federation (RFEF). However, an investigation is still ongoing, and Rubiales could potentially face a ban from football for up to two years.
The ruling by TAD is based on Spain’s 1990 sports law, which is relatively lenient compared to a more recent update that has yet to be implemented. Despite this setback, the Spanish government, through the Superior Sports Council (CSD), still intends to pursue Rubiales’ suspension via TAD as the investigation unfolds. Miquel Iceta, Spain’s Minister of Culture and Sports, expressed disappointment with TAD’s decision, emphasizing that the government views Rubiales’ actions as “very serious.”
Had TAD classified Rubiales’ infraction as “very serious,” the government could have immediately intervened and suspended him from his role. Instead, Rubiales may have the opportunity to resume his presidency once his provisional suspension by FIFA, which prohibits him from any football-related activity for 90 days, ends. Furthermore, there is the possibility of a criminal case against Rubiales, which could result in additional penalties.
Spanish prosecutors have initiated a preliminary investigation into Rubiales’ conduct, offering Jennifer Hermoso the opportunity to press charges against him. Despite widespread condemnation and calls for his resignation, Rubiales has refused to step down. The committee currently overseeing the RFEF has joined sporting bodies and government ministers in urging Rubiales to resign.
In addition to the unsolicited kiss, Rubiales has faced criticism for other actions during the World Cup celebrations, including grabbing his crotch, hugging and kissing other players, and carrying someone over his shoulder. Rubiales has claimed that the kiss with Hermoso was “consensual” and has blamed “false feminists” for the ensuing outcry. However, Hermoso has refuted his claims, stating that she felt “vulnerable and the victim of an aggressive act.”
The wider football community has rallied around Jennifer Hermoso, with players like Aitana Bonmatí and England manager Sarina Wiegman using their platform at the UEFA Champions League draw to condemn Rubiales’ actions. FIFPRO, the global union for professional footballers, has demanded change and emphasized the need for football to address discrimination and governance failures not only in Spain but worldwide.
Spain’s men’s coach, Luis de la Fuente, has issued an apology for applauding Rubiales’ speech and has acknowledged that his actions were unjustifiable. However, De la Fuente faced criticism for taking an additional 24 hours to condemn Rubiales’ behavior and only doing so after FIFA had suspended him. Some have called for De la Fuente’s resignation. While De la Fuente did not express a judgment regarding Rubiales’ removal from his position, he emphasized the need for continuous work to improve equality in football.
The incident involving Luis Rubiales’ unsolicited kiss has sparked outrage and prompted legal and criminal investigations. Despite the setback in TAD’s ruling, the Spanish government remains committed to suspending Rubiales through the ongoing investigation. Calls for Rubiales’ resignation are widespread, with the wider football community expressing solidarity with Jennifer Hermoso and demanding change within the sport. The actions and response of individuals, including Rubiales himself and the men’s coach Luis de la Fuente, have faced criticism, highlighting the need for accountability and improvement in equality in football.
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