Discipline and Complaints Policy
Policy Statement
1. Membership and participation in the activities of CUSSL/LUCNS offer
many benefits and privileges. At the same time members and participants
are expected to fulfill certain responsibilities and obligations, including
complying with CUSSL/LUCNS’s Code of Conduct as well as with CUSSL/LUCNS’s
other policies and procedures.
Definitions
2. The following terms have these meanings in this Policy:
a) “Days” – Business days.
b) “Investigation” - An official inquiry into the validity of a complaint.
c) “Sanction” - Penalties imposed by CUSSL/LUCNS.
d) “CUSSL/LUCNS” – Canadian University Synchro Swim League/Ligue Universitaire
Canadienne de Nage Synchronisée.
e) “CUSSL/LUCNS Official” – A person in a responsible volunteer or
staff position within CUSSL/LUCNS.
f) “CUSSL/LUCNS Representative” - Any director, officer, committee
member, employee, contractor, volunteer, coach, athlete, official, referee,
manager and member within CUSSL/LUCNS.
g) "CUSSL/LUCNS University Representative" - A representative from
a member university who is the contact person for CUSSL/LUCNS's communications
and conference attendance.
Application of this Policy
2. This Policy applies to all CUSSL/LUCNS Representatives and participants
in CUSSL/LUCNS programs and activities including spectators and the parents/guardians
of CUSSL/LUCNS athletes.
3. This Policy only applies to written and signed complaints received
by CUSSL/LUCNS that may arise during the course of CUSSL/LUCNS’s business,
activities and events including but not limited to office environment,
competitions, practices, training camps, travel associated with CUSSL/LUCNS
activities, and any meetings of staff, committees or the Board of Directors.
Anonymous complaints may be accepted upon the sole discretion of CUSSL/LUCNS.
4. Discipline matters and complaints arising within the business, activities
or events organized by entities other than CUSSL/LUCNS will be dealt with
pursuant to the policies of these other entities.
Reporting a Complaint
5. Any individual may report to a CUSSL/LUCNS League Executive Member
any
complaint. Such complaint must be signed and in writing, and must be filed
within fourteen (14) business days of the alleged incident. Faxes and scans
of the signed complaint are acceptable.
6. Upon receiving a complaint, the CUSSL/LUCNS Official will provide
it to the CUSSL/LUCNS President or designate, if the President is not available
or not able to act in this capacity because of a conflict of interest or
any other reason. If the President is not able to address the complaint,
it will next fall to the Vice President, then to the Secretary, then to
the Treasurer to act as Designate of the President.
7. The President, or designate, will determine whether the complaint
is frivolous or vexatious within fourteen (14) days of receiving it. If
the President, or designate, determines the complaint is frivolous or vexatious,
the complaint will be dismissed immediately.
8. A complainant wishing to file a notice of complaint beyond the fourteen
(14) days must provide a written statement giving reasons for an exemption
to this limitation. The decision to accept, or not accept, the notice of
complaint outside the fourteen (14) day period will be at the sole discretion
of the President, or designate. This decision may not be appealed.
9. If a complaint is determined by the President, or designate, to
be legitimate, the complaint will be designated as a minor complaint or
a major complaint and dealt with according to the appropriate sections
of this Policy. It will be at the sole discretion of the President, or
designate, to determine whether a complaint is to be dealt with as a major
or minor infraction.
10. This Policy does not prevent an appropriate person having authority
from taking immediate, informal or corrective action in response to behavior
that constitutes either a minor or major infraction provided the individual
being disciplined is told the nature of the infraction. Further sanctions
may be applied, but only after review of the matter in accordance with
the procedures set out in this Policy for major or minor infractions.
11. After filing notice of the complaint, the complainant and respondent
may not discuss the issue with any other CUSSL member outside of the formal
scope of this policy.
Investigation
12. The President, or designate, may appoint an independent individual
to conduct an investigation to determine the validity of a complaint. The
Investigator will carry out the investigation in a timely manner and at
the conclusion of the investigation will submit a written report to the
President, or designate, concluding whether or not there is validity related
to the complaint and if a hearing is required. The investigative report
will not be disclosed to the decision Discipline Panel.
Minor Infractions
13. Minor infractions are single incidents of misconduct that generally
do not result in harm to others. All situations involving minor infractions
will be dealt with by the President, or designate.
14. If the President, or designate, determines the complaint is legitimate
and that it is a minor infraction, the President, or designate, will notify
the individual alleged to have committed the minor infraction within fourteen
(14) days of receipt of the complaint and will provide the individual with
a copy of this policy.
15. Procedures for dealing with minor infractions will be informal
as compared to those for major infractions and will be determined at the
discretion of the President, or designate, provided the individual being
disciplined is told the nature of the infraction and is provided an opportunity
to respond.
16. Examples of minor infractions include, but are not limited to:
a) A single incident of disrespectful, offensive, abusive, racist or
sexist comments or behavior directed towards others;
b) Conduct contrary to the ideals of respect such as angry outbursts
or argument; and
c) A single incident of being late for or absent from CUSSL/LUCNS events
and activities at which attendance is expected or required.
17. Sanctions for minor infractions, which may be applied singly or
in combination, include the following:
a) Verbal or written reprimand;
b) Verbal or written apology;
c) Service or other voluntary contribution to CUSSL/LUCNS;
d) Suspension from the current activity; or
e) Any other similar sanction considered appropriate for the offense.
18. A written record will be maintained by CUSSL/LUCNS at their head
office for minor infractions that result in a sanction.
Major Infractions
19. Major infractions are instances of misconduct that result, or have
the potential to result, in harm to other persons or to the CUSSL/LUCNS.
20. Examples of major infractions include, but are not limited to:
a) Repeated incidents of disrespectful, offensive, abusive, racist
or sexist comments or behavior directed towards others;
b) Repeated angry outbursts or arguing;
c) Repeated incidents of being late for or absent from CUSSL/LUCNS
events activities at which attendance is expected or required;
d) Comments about body types;
e) Pranks, jokes or other activities that endanger the safety of others;
f) Conduct which results in harm to the image, credibility or reputation
of CUSSL/LUCNS and/or its’ sponsors;
g) Abusive use of alcohol where abuse means a level of consumption
that impairs the individual's ability to speak, walk or drive; causes the
individual to behave in a disruptive manner; or interferes with the individual's
ability to perform effectively and safely;
h) Any use of alcohol by minors;
i) Any use of illicit drugs and narcotics; or
j) Any use of banned performance enhancing drugs or methods.
21. If the President, or designate, determines the incident is a major
infraction and that there is validity to the complaint, a hearing is required.
The President, or designate, will notify the individual alleged to have
committed a major infraction within fourteen (14) days of receipt of the
complaint and will provide the individual with a copy of this policy.
Discipline Panel
22. Within fourteen (14) days of notifying the respondent of a complaint
of a major infraction or of receiving the written report of the Investigator
if an investigation was carried out, the President, or designate, will
appoint three individuals to serve as a Discipline Panel. The Discipline
Panel Members must be chosen from three different universities.The members
of the Panel will select from themselves a Chairperson.
23. Members of the Discipline Panel will have no significant relationship
with the complainant and respondent; will have had no involvement with
the alleged infraction; and will be free from any other bias or conflict
of interest. The members of the Discipline Panel will be approved by the
parties.
24. The Discipline Panel will hold the hearing as soon as possible,
but not more than thirty (30) days after being appointed.
25. Having regard to the nature of the discipline matter and the potential
consequences of any resulting sanctions, the Panel may decide to conduct
the hearing by way of review of documentary evidence or by way of oral
hearing. If the Panel decides to conduct an oral hearing, it may decide
to do so in-person or by means of telephone conference.
Preliminary Meeting
26. The Panel may determine that the circumstances of the complaint
warrant a preliminary meeting. The Panel may delegate to one of its members
the authority to deal with preliminary matters, which may include but are
not limited to:
a) Format, date and location of the hearing;
b) Timelines for the exchange of documents;
c) Clarification of issues in dispute;
d) Any procedural matters including order and procedure of the hearing;
e) Remedies sought;
f) Evidence to be brought before the hearing;
g) Identification of any witnesses; or
h) Any other procedural matter that may assist in expediting the hearing.
Hearing
27. The Panel will govern the hearing fairly and as it sees fit, provided
that:
a) The affected parties will be given seven (7) days written notice
of the day, time and place of the hearing;
b) A quorum will be all three Panel members, and decisions will be
by majority vote where the Chairperson carries a vote;
c) Panel members will refrain from communicating with the parties except
in the presence of, or copy to, the other parties;
d) The individual being disciplined may be accompanied by a representative;
e) The individual being disciplined will have the right to present
evidence and argument;
f) Any party potentially affected by the matter may be made party to
the hearing by the Panel;
g) The Panel may request that any witness be present at the hearing
or submit written evidence in advance of the hearing;
h) If the individual being disciplined chooses not to participate in
the hearing, the hearing will nonetheless proceed;
i) The hearing will be held in private;
j) Each party will bear their own costs;
k) Once appointed, the Panel will have the authority to abridge or
extend timelines associated with any aspect of the hearing.
28. After hearing the matter, the Panel will determine whether or not
the individual will be sanctioned, and if so, will determine the appropriate
penalty to be imposed and any measures to mitigate the harm suffered by
others as a result. The Panel's written decision, with reasons, will be
distributed to all parties and to the President, or designate, within fourteen
(14) days of the conclusion of the hearing.
29. Where the individual acknowledges the facts of the incident, he
or she may waive the hearing, in which case the Panel will determine the
appropriate disciplinary sanction. The Panel may hold a hearing for the
purpose of determining an appropriate sanction.
Sanctions
30. The Panel may apply the following disciplinary sanctions singly
or in combination, for major infractions:
a) Written reprimand;
b) Written apology;
c) Removal of certain privileges of membership or employment;
d) Suspension from certain events;
e) Suspension from certain CUSSL/LUCNS activities;
f) Suspension of CUSSL/LUCNS funding;
g) Payment of a financial fine in an amount to be determined by the
Panel;
h) Suspension from employment with or without pay;
i) Suspension from all CUSSL/LUCNS activities for a designated period
of time;
j) Expulsion from membership;
k) Publication of the Panel’s decision;
l) Other sanctions as may be considered appropriate for the offense.
31. Unless the Panel decides otherwise, any disciplinary sanctions
will commence immediately. Failure to comply with a sanction as determined
by the Panel will result in automatic suspension of membership in CUSSL/LUCNS
until such time as compliance occurs.
32. In applying sanctions, the Panel may have regard to the following
aggravating or mitigating circumstances:
a) The nature and severity of the incident;
b) The extent to which others have been harmed by the incident;
c) The cooperation of the individual being disciplined in the proceedings
under this policy;
d) Whether the incident is a first offense or has occurred repeatedly;
e) The individual's acknowledgment of responsibility,
f) The individual's remorse and post-infraction conduct;
g) The age, maturity or experience of the individual;
h) Whether the individual retaliated, where the incident involves harassment;
and
i) The individual's prospects for rehabilitation.
33. A written record will be maintained by CUSSL/LUCNS at their head
office for major infractions that result in a sanction.
Serious Infractions
34. The President, or designate, may determine that an alleged incident
is of such seriousness as to warrant suspension of the individual pending
further investigation, a hearing and a decision of the Panel.
35. Where it is brought to the attention of the President, or designate,
that a Member has been charged with an offence under the Criminal Code,
or has previously been convicted of a criminal offence, the President,
or designate, may suspend the Member pending further investigation, a hearing
or a decision of the Panel.
36. Notwithstanding the procedures set out in this Policy, any CUSSL/LUCNS
Representative who is convicted of a criminal offense involving sexual
exploitation, invitation to sexual touching, sexual interference, sexual
assault or aggravated assault will face automatic suspension from participating
in any activities of the CUSSL/LUCNS for a period of time corresponding
to the length of the criminal sentence imposed by the court, and may face
further disciplinary action by CUSSL/LUCNS in accordance with this Policy.
Confidentiality
37. Where the conduct reported is of a sensitive or confidential nature,
CUSSL/LUCNS will keep all proceedings under this Policy confidential, except
where disclosure is directed by the Panel as part of a sanction, is required
by law or is in the best interests of the public.
38. Where the complaint and/or decision affects the whole league, all
CUSSL/LUCNS University Representatives should be notified except where
the the conduct reported is of a sensitive or confidential nature.
Timelines
39. If the circumstances of the complaint are such that this policy
will not allow a timely conclusion, or if the circumstances of the complaint
are such the complaint cannot be concluded within the timelines dictated
in this policy, the Panel may direct that these timelines be revised.
Appeals Procedure
39. The decision of the Panel may be appealed in accordance with the
CUSSL/LUCNS’s Appeal Policy.
INCIDENT REPORT
Date and time of incident: ______________________________________________________
Name of writer: _____________________________ Position: _________________________
Location of Incident: __________________________________________________________
This incident is a: _____ minor infraction _____ major infraction
Individual(s) involved in the incident:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Objective description of the incident (please be concise, accurate
and non-judgmental):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Names of individuals who observed the incident:
_______________________________________________
_______________________________________________
_______________________________________________
Disciplinary action that was taken (if applicable):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Signature of writer: _________________________________ Date: _____________________