Discipline and Complaints Policy

“Organization” refers to: Limestone City Cycling

Definitions

1. The following terms have these meanings in this Policy:

1. ““Complainant” – The Party alleging an infraction
2. “Days” – Days including weekends and holidays
3. “Discipline Chair(s)” – An individual or individuals appointed by the Board to be the first point-of-contact for all discipline and complaint matters reported to the Organization
4. “Individuals” – All categories of membership defined in the Organization’s Bylaws, as well as all individuals employed by, or engaged in activities with, the Organization including, but not limited to, athletes, coaches, convenors, officials, umpires, volunteers, managers, administrators, committee members, Directors and Officers of the Organization, spectators, and parents/guardians of athletes
5. “Respondent” – The alleged infracting Party

Purpose

2. Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the Organization’s policies, Bylaws, rules and regulations, and Code of Conduct and Ethics. Non-compliance may result in sanctions pursuant to this

Policy.

Discipline Chair

3. The Discipline Chair will be a Director of the Board, or an individual appointed by the Board to handle the duties of the Discipline Chair. The Board may choose to appoint three (3) individuals to serve as Discipline Chairs and, in this case, decisions of the

Discipline Chairs will be by majority vote.

4. The Discipline Chair(s) appointed to handle a complaint or incident must be unbiased and not in a conflict of interest situation.

Application of this Policy

5. This Policy applies to all Individuals.

6. This Policy applies to matters that may arise during the course of the Organization’s business, activities, and events including, but not limited to, competitions, practices, tryouts, training camps, travel associated with Organization activities, and any meetings.

7. This Policy also applies to Individuals’ conduct outside of the Organization’s business, activities, and events when such conduct adversely affects relationships within the Organization (and its work and sport environment), is detrimental to the image and reputation of the Organization, or upon the acceptance of the Organization. Applicability will be determined by the Organization at its sole discretion.

8. 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.

9. An employee of the Organization who is a Respondent will be subject to appropriate disciplinary action per the Organization’s policies for human resources as well as the employee’s Employment Agreement, if applicable. Violations may result in a warning, reprimand, restrictions, suspension, or other disciplinary actions up to and including termination of employment.

Process

10. Any Individual may report an incident or complaint to the Discipline Chair in writing, within fourteen (14) days of the alleged incident, although this timeline can be waived or extended at the Discipline Chair’s discretion. At the Organization’s discretion, the Organization

may act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, the Organization will identify an individual to represent the Organization.

11. Upon receipt of a complaint, the Discipline Chair has discretion to choose which process should be followed, and may use the following examples as a general guideline:

1. Process #1 - the Complaint alleges the following incidents:

1. Disrespectful, abusive, racist, or sexist comments or behaviour
2. Disrespectful conduct
3. Minor incidents of violence (e.g., tripping, pushing, elbowing)
4. Conduct contrary to the values of the Organization
5. Non-compliance with the Organization’s policies, procedures, rules, or regulations

vi.    Minor violations of the Organization’s Code of Conduct and Ethics

2. Process #2 - the Complaint alleges the following incidents:

1. Repeated minor incidents
2. Any incident of hazing
3. Behaviour that constitutes harassment, sexual harassment, or sexual misconduct
4. Major incidents of violence (e.g., fighting, attacking, sucker punching)
5. Pranks, jokes, or other activities that endanger the safety of others
6. Conduct that intentionally interferes with a competition or with any athlete’s preparation for a competition
7. Conduct that intentionally damages the Organization’s image, credibility, or reputation
8. Consistent disregard for the Organization’s bylaws, policies, rules, and regulations
9. Major or repeated violations of the Organization’s Code of Conduct and Ethics
10. Intentionally damaging Organization property or improperly handling the Organization monies
11. Abusive use of alcohol, any use or possession of alcohol by minors, or use or possession of illicit drugs and narcotics
12. A conviction for any Criminal Code offense
13. Any possession or use of banned performance enhancing drugs or methods

Process #1:        Handled by Discipline Chair

Sanctions

12. Following the determination that the complaint or incident should be handled under Process #1, the Discipline Chair will review the submissions related to the complaint or incident and determine one or more of the following sanctions:

1. Verbal or written reprimand
2. Verbal or written apology
3. Service or other contribution to the Organization
4. Removal of certain privileges
5. Suspension from certain teams, events, and/or activities
6. Suspension from all Organization activities for a designated period of time
7. Any other sanction considered appropriate for the offense

13. The Discipline Chair will inform the Respondent of the sanction, which will take effect immediately.

14. Records of all sanctions will be maintained by the Organization.

Request for Reconsideration

15. The sanction may not be appealed until the completion of a request for reconsideration. However, the Respondent may contest the sanction  by  submitting  a  Request  for  Reconsideration  within  two  (2)  days  of  receiving  the  sanction.  In  the  Request  for

Reconsideration, the Respondent must indicate:

8. Why the sanction is inappropriate;
9. All evidence to support the Respondent’s position; and
10. What penalty or sanction (if any) would be appropriate

16. Upon receiving a Request for Reconsideration, the Discipline Chair may decide to accept or reject the Respondent’s suggestion for an appropriate sanction.

17. Should the Discipline Chair accept the Respondent’s suggestion for an appropriate sanction, that sanction will take effect immediately.

18. Should the Discipline Chair not accept the Respondent’s suggestion for an appropriate sanction, the initial complaint or incident will be handled under Process #2 of this Policy.

Process #2:        Handled by Case Manager

Case Manager

19. Following the determination that the complaint or incident should be handled under Process #2, the Organization will appoint a Case Manager to oversee management and administration of the complaint or incident. Such appointment is not appealable.

20. The Case Manager has a responsibility to:

1. Determine whether the complaint is frivolous and/or within the jurisdiction of this Policy
2. Appoint the Discipline Panel, if necessary
3. Coordinate all administrative aspects and set timelines
4. Provide administrative assistance and logistical support to the Discipline Panel as required
5. Provide any other service or support that may be necessary to ensure a fair and timely proceeding

Procedures

21. If the Case Manager determines the complaint is:

1. Frivolous or outside the jurisdiction of this Policy, the complaint will be dismissed immediately
2. Not frivolous and within the jurisdiction of this Policy, the Case Manager will notify the Parties that the complaint is accepted and of the applicable next steps

22. The Case Manager’s decision to accept or dismiss the complaint may not be appealed.

23. The Case Manager will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.

24. After notifying the Parties that the complaint has been accepted, the Case Manager will appoint a Discipline Panel, which shall consist of a single Adjudicator, to hear the complaint. In extraordinary circumstances, and at the discretion of the Case Manager, a Discipline Panel of three persons may be appointed to hear the complaint. In this event, the Case Manager will appoint one of the Discipline Panel’s members to serve as the Chair.

25. The Case Manager, in cooperation with the Discipline 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 be an oral in-person hearing, an oral hearing by telephone or other communication medium, 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:

1. 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 or an oral hearing by telephone or other communication medium
2. Copies of any written documents which the parties wish to have the Discipline Panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing
3. The Parties may engage a representative, advisor, or legal counsel at their own expense
4. The Discipline Panel may request that any other individual participate and give evidence at the hearing
5. The Discipline Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the complaint, but may exclude such evidence that is unduly repetitious, and shall place such weight on the evidence

as it deems appropriate

6. The decision will be by a majority vote of the Discipline Panel

26. If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the Discipline Panel will determine the appropriate sanction. The Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction.

27. The hearing will proceed in any event, even if a Party chooses not to participate in the hearing.

28. If a decision may affect another party to the extent that the other party would have recourse to a complaint or an appeal in their own right, that party will become a Party to the current complaint and will be bound by the decision.

29. In fulfilling its duties, the Discipline Panel may obtain independent advice.

Decision

30. After hearing and/or reviewing the matter, the Discipline Panel 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 Discipline Panel's written decision, with reasons,

will be distributed to all Parties, the Case Manager, and the Organization. In extraordinary circumstances, the Discipline Panel may first issue a verbal or summary decision soon after 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.

Sanctions

31. The Discipline Panel may apply the following disciplinary sanctions, singularly or in combination:

1. Verbal or written reprimand
2. Verbal or written apology
3. Service or other contribution to the Organization
4. Removal of certain privileges
5. Suspension from certain teams, events, and/or activities
6. Suspension from all Organization activities for a designated period of time
7. Payment of the cost of repairs for property damage
8. Suspension of funding from the Organization or from other sources
9. Expulsion from the Organization
10. Any other sanction considered appropriate for the offense

32. Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding an appeal. Failure to comply with a sanction as determined by the Discipline Panel will result in an automatic suspension until such time as compliance occurs.

33. Records of all decisions will be maintained by the Organization.

Appeals

34. The decision of the Discipline Panel may be appealed in accordance with the Ontario Cycling Association’s Appeal Policy.

Suspension Pending a Hearing

35. The Organization may determine that an alleged incident is of such seriousness as to warrant suspension of an Individual pending completion of a criminal process, the hearing, or a decision of the Discipline Panel.

Criminal Convictions

36. An Individual’s conviction for a Criminal Code offense, as determined by the Organization, will be deemed an infraction under this Policy and will result in expulsion from the Organization. Criminal Code offences may include, but are not limited to:

1. Any child pornography offences
2. Any sexual offences
3. Any offence of physical violence
4. Any offence of assault
5. Any offence involving trafficking of illegal drugs

Confidentiality

37. The discipline and complaints process is confidential and involves only the Parties, the Case Manager, the Discipline Panel, and any independent advisors to the Discipline 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.

Timelines

38. 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

39. Other individuals or organizations, including but not limited to, national sport organizations, provincial sport organizations, sport clubs, etc., may be advised of any decisions rendered in accordance with this Policy