ADCKC Disciplinary Committee Summary
Purpose:
The purpose of the Disciplinary Committee is to facilitate and govern the proceedings arising from an incident report. Should the Flag Officer determine the report warrants a hearing, it is the duty of the Committee to ensure the policies and procedures pertaining to the hearing are appropriately adhered to for all parties involved as it relates to compliance.
Objective:
The objective of the ADCKC Disciplinary Committee is to determine if there has been compliance or non-compliance by an individual, Club, or Division and to take necessary disciplinary action. If the complaint constitutes a Safe Sport violation, the Committee is to raise the matter to the attention of Sport Nova Scotia’s Safe Sport Lead. If the incident is not clearly a Safe Sport violation, consult with the Safe Sport Lead. Disciplinary Committee members should consult the Universal Code of Conduct to Prevent and Address Maltreatment in Sport for education on what constitutes a violation.
Any issue of Conflict of Interest as defined in the ADCKC Bylaws should be appropriately disclosed immediately after the Disciplinary receives the incident report from the Flag Officer.
Specific Procedure (per ADCKC Policies and Procedures):
4.2.5 Within five (5) days of receiving the Incident Report, the Flag Officer shall review the report with the current disciplinary committee. This committee is comprised of the Flag Officer, and two (2) past Commodore’s of member clubs
4.2.6 The Disciplinary Committee shall hold the hearing as soon as possible, but not more than fourteen (14) days after the Incident Report is first received by the Flag Officer.
4.2.7 The Disciplinary Committee shall govern the hearing as it sees fit, provided that:
a) The individual being disciplined shall be given five (5) days written notice (by email, courier or fax) of the day, time and place of the hearing. The Disciplinary Committee may decide to conduct the hearing in person, by telephone or video conference.
b) The individual being disciplined shall receive a copy of the Incident Report.
c) A quorum shall be all three (3) Disciplinary Committee Members.
d) Decisions shall be by majority vote; the Flag Officer carries a vote.
e) A representative may accompany the individual being disciplined.
f) The individual being disciplined shall have the right to present evidence and arguments.
g) The hearing shall be held in private.
h) The Disciplinary Committee may request that witnesses to the incident be present or submit written evidence.
i) The Disciplinary Committee shall render its decision, with written reasons within five (5) days of the Hearing.
j) Once appointed, the Disciplinary Committee shall have the authority to abridge or extend timelines associated with all aspects of the Hearing.
4.2.8 The Disciplinary Committee may apply the following disciplinary sanctions singly or in combination, for major infractions:
a) written reprimand to be placed on file at the national office.
b) hand-delivered written apology.
c) suspension from certain ADCKC events which may include suspension from the current competition or from future teams or competitions.
d) suspension of all ADCKC privileges.
e) suspension from certain ADCKC activities (i.e. competing, coaching or officiating) for periods of up to three (3) years.
f) suspension from all ADCKC activities for periods of up to three (3) years, or for life, if the circumstances of the infraction warrant.
g) other sanctions as may be considered appropriate
4.2.9 This Policy does not apply to matters properly falling under the CKC Anti-Doping Policy and the CKC Harassment Policy.
4.2.10 In order to keep costs to a reasonable level the Disciplinary Committee may conduct the Hearing by means of a conference call or video conference.
4.2.11 Unless the Disciplinary Committee decides otherwise, any disciplinary sanctions applied shall take effect immediately.
5. Appeals Procedure
5.1 Any appeal of a decision of the Disciplinary Committee or if no Disciplinary Committee has been constituted, of a decision of anyone else to discipline under the terms of the Policy, will be done according to the Appeals Policy of the ADCKC.