Rowing PEI Discipline and Complaints Policy
1. The following terms have these meanings in this Policy:
a) “Association” – Rowing PEI
a) “Case Manager” – An individual appointed by the Association, who need not be a member or affiliated with the Association, to administer this Discipline and Complaints Policy.
b) “Complainant” – The Party alleging an infraction.
c) “Days” – Days including weekends and holidays.
d) “Individuals” – All categories of membership defined in the Association’s Bylaws, as well as all individuals employed by or engaged in activities with the Association including, but not limited to, athletes, coaches, convenors, referees, officials, volunteers, managers, administrators, committee members, and directors and officers.
e) “In writing”- A letter, fax or email sent directly to the Association.
f) “Respondent” – The alleged infracting Party
2. Individuals and participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with Association’s policies, bylaws, rules and regulations, and Codes of Conduct. Non-compliance may result in sanctions pursuant to this Policy.
Application of this Policy
3. This Policy applies to all Individuals relating to matters that may arise during the course of Association’s business, activities, and events including, but not limited to, competitions, practices, tryouts, training camps, travel associated with Association activities, and any meetings.
4. This Policies also applies to Individuals’ conduct outside of the Association’s business, activities, and events when such conduct adversely affects relationships within the Association (its work and/or sport environment) or is detrimental to the image and reputation of the Association. The jurisdiction of this Policy will be determined by the Association at its sole discretion.
5. This Policy does not prevent immediate discipline or sanction from being applied as reasonably required. Further discipline may be applied according to this Policy. Any infractions or complaints occurring within competition will be dealt with by the procedures specific to the competition, if applicable. In such situations, disciplinary sanctions will be for the duration of the competition, training,
activity or event only.
6. An employee of the Association found to have to be a Respondent will be subject to appropriate disciplinary action subject to the terms of the Association’s Human Resources Policy, as well as the employee’s Employment Agreement, as applicable. Violations may result in a warning, reprimand, restrictions, suspension or other disciplinary actions up to and including termination of
Reporting a Complaint
7. Any Individual may report any complaint to the Association. A complaint must be In Writing and must be filed within 14 days of the alleged incident.
8. A Complainant wishing to file a complaint outside of the 14 days must provide a written statement giving reasons for an exemption to this limitation. The decision to accept or refuse to accept the complaint outside of the 14 days will be at the sole discretion of the Case Manager. This decision may not be appealed.
9. At the Association’s discretion, the Association may act as the complainant and initiate the complaint process under the terms of this Policy. In such cases, the Association will identify an individual to represent the Association.
10. Resignation or lapsing of membership after a complaint is filed does not preclude disciplinary proceedings being pursued under this policy.
11. Upon the receipt of a complaint, the Association will appoint an independent Case Manager to manage and administer complaints submitted in accordance with this Policy and such appointment is not appealable.
12. The Case Manager has a responsibility to:
a) Determine whether the complaint is frivolous
b) Determine whether the complaint falls within the jurisdiction of this Policy
c) Propose the use of the Association’s Alternate Dispute Resolution Policy
d) Appoint the Panel, if necessary
e) Coordinate all administrative aspects and set timelines
f) Provide administrative assistance and logistical support to the Panel as required
g) Provide any other service or support that may be necessary to ensure a fair and timely proceeding
13. If the Case Manager determines the complaint is:
a) Frivolous or outside the jurisdiction of this Policy, the complaint will be summarily dismissed.
b) Not frivolous and within the jurisdiction of this Policy, the Case Manager will notify the Parties the complaint will be adjudicated and the applicable next steps.
14. The Case Manager’s decision to adjudicate or summarily dismiss the complaint may not be appealed.
15. The Case Manager will establish and adhere to timeframes that ensure procedural fairness and ensure that the matter is heard in a timely fashion.
16. After notifying the Parties that the complaint will be adjudicated, the Case Manager will first, propose the Association’s Alternate
Dispute Resolution process with the objective of resolving the dispute. If the dispute is not resolved or the parties refuse the Alternate
Dispute Resolution process, the Case Manager will appoint a Discipline Adjudicator, to hear the complaint. In extraordinary circumstances, and at the discretion of the Case Manager, a Panel of three persons may be appointed to hear the complaint. In this event, the Case Manager will appoint one of the Panel’s members to serve as the Chair.
17. The Case Manager, in cooperation with the Discipline adjudicator or Panel, will then decide the format under which the complaint will be heard. This decision may not be appealed. The format of the hearing, may consist of direct communications with the Parties, an oral in-person hearing, an oral hearing by telephone or other telecommunications, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the Discipline Panel deem appropriate in the circumstances, provided that:
a) The Parties will be given appropriate notice of the day, time, and place of the hearing, in the case of an oral in-person hearing, an oral hearing by telephone or other telecommunications;
b) Copies of any written documents which the parties wish to have the Panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing by a date to be fixed;
c) The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense;
d) The Discipline Panel may request that any individual participate and give evidence at the hearing;
e) The Discipline Panel may allow as evidence at the hearing any oral evidence, document, or thing relevant to the subject matter of the complaint, may exclude evidence that is unduly repetitious, and shall place such weight on the evidence as it deems appropriate;
f) The decision will be made by a majority vote of the Discipline Panel, if a panel is selected, or by the sole adjudicator.
18. If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the adjudicator the Discipline Panel will determine the appropriate disciplinary sanction. The Discipline Panel may also hold a separate hearing for the purpose of determining an appropriate sanction.
19. The hearing will proceed in any event, even if a Party chooses not to participate in the hearing.
20. If a decision affects a third party to the extent that the third party would have the right to complain in their own right, that third party may elect to become a party to the complaint in question, and will then be bound by the decision.
21. In fulfilling its duties, the Panel or adjudicator may obtain independent advice.
22. After hearing and/or reviewing the matter, the Discipline Panel or adjudicator will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the hearing’s conclusion, the written decision, with reasons, will be distributed to all Parties, the Case Manager, and the Association. In extraordinary circumstances, the Panel or adjudicator may first
issue a verbal or summary decision at the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. The decision will be considered a matter of public record unless decided otherwise by the Discipline Panel.
23. The Panel may impose the following disciplinary sanctions, singularly or in combination:
a) Delivering of a verbal or written reprimand;
b) The requirement that a verbal or written apology be delivered;
c) Performance of a specified service or other contribution to the Association;
d) Removal of certain privileges;
e) Suspension from certain teams, events, and/or activities;
f) Suspension from all Association activities for a designated period of time;
g) Withholding of prize money or awards;
h) Requiring payment of the cost of repairs for property damage;
i) Suspension of funding from the Association or from other sources;
j) Expulsion from the Association; and/or
k) Any other sanction considered appropriate for the offense.
24. Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding a pending appeal. Failure to comply with a sanction imposed by the Discipline Panel or adjudicator will result in automatic suspension from membership and participation, until such time as compliance occurs.
25. Infractions that result in discipline will be recorded and records will be maintained by the Association.
Suspension Pending a Hearing
26. The Association may determine that an alleged incident is of such seriousness as to warrant suspension of an Individual pending
completion of a criminal process, a hearing and decision of the Panel.
27. An Individual’s conviction for a Criminal Code offense may be deemed an infraction, if determined to be so by the Board of Directors by way of ordinary resolution, and will result in expulsion from the Association. Criminal Code offences may include, but are not limited to:
a) Any child pornography offences;
b) Any sexual offences;
c) Any offence of physical violence;
d) Any offence of assault; or
e) Any offence involving trafficking of illegal drugs.
28. The discipline and complaints process is confidential and involves only the Parties, the Case Manager, the Discipline Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings.
29. If the circumstances of the complaint are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the complaint, the Discipline Panel may direct that these timelines be revised.
Records and Distribution of Decisions
30. Other individuals or organizations, including but not limited to, national sport organizations, provincials sport organizations, etc., may be advised of any decisions rendered or stanchions imposed in accordance with this Policy.
31. The decision of the Panel may be appealed in accordance with the Association’s Appeal Policy.