Discipline Procedure
NOTE: IN THIS POLICY "MEMBER" REFERS TO all categories of members in
VMSA as well as to all individuals engaged in activities with or
organised by VMSA
Click Here for Conduct Report Form
Preamble
Application
Disciplinary procedures
Appeals procedure
Appendix A
Appendix B
PREAMBLE
1. VMSA
committed to providing a sport environment which is athlete-centred,
and which is characterized by the values of excellence, fairness,
integrity, open communication, and mutual respect.
2. Membership of the VMSA as well as participation in the
activities of the VMSA, brings with it many benefits and privileges.
At the same time members are expected to fulfil certain
responsibilities and obligations, including but not limited to,
complying with the Code of Conduct, policies, rules and regulations
of the VMSA
3. The VMSA Code of Conduct (attached as Appendix A)
identifies the standard of behaviour which is expected. Members of
the VMSA who fail to meet this standard will be subject to the
disciplinary sanctions identified within this policy.
APPLICATION
4. This policy
applies to all members of the VMSA , as well as to all individuals
engaged in activities with or organised by the VMSA.
5. This policy applies to matters which may arise during the
course of all VMSA business activities and events, including but not
limited to, tournaments, pennant competitions and meetings
DISCIPLINARY
PROCEDURES
Minor Infractions
6. Examples of minor infractions are shown in Appendix B.
7. All minor infractions shall be reported to the Discipline
Officer on the Discipline Form shown in Appendix C
8. All disciplinary situations involving minor infractions
occurring within the jurisdiction of the VMSA will be dealt with by
the appropriate person having authority over the situation and the
individual involved. For the purpose of this policy the appropriate
person shall be the Discipline Officer who shall be appointed by the
committee of the VMSA.
9. Procedures for dealing with minor infractions shall be
informal as compared to those for major infractions and shall be
determined at the discretion of the person responsible for
discipline of such infractions, provided the individual being
disciplined is told the nature of the infraction and has an
opportunity to provide information concerning the incident. The
discipline officer shall have all sanctions ratified by the
Tournament Committee before communicating them to members.
10. The following disciplinary sanctions may be applied,
singly or in combination, for minor infractions:
-
verbal reprimand
-
written reprimand
-
verbal apology
-
hand-delivered
written apology
-
suspension from
the current competition
-
other sanctions as
may be considered appropriate for the offence
11. Minor infractions which
result in discipline shall be recorded using the Incident Report form in
Appendix C.
Major Infractions
12. Examples of major infractions are shown in Appendix B. Any member, or
representative, of the VMSA may report to the Discipline Officer a major
infraction using the Incident Report form in Appendix C.
13. Upon receipt of an incident report, the Discipline Officer shall
determine if the incident is better dealt with as a minor infraction, or if a
hearing is required to address the incident as a major infraction.
14. If the incident is to be dealt with as a minor infraction, the
Discipline Officer will inform the alleged offender, and the matter shall be
dealt with according to Sections 7 through 9 of this policy.
15. If the incident is to be dealt with as a major infraction and a
hearing is required, the alleged offender shall be notified as quickly as
possible and in any event no later than 3 days from date of receipt of the
incident report, and shall be advised of the procedures outlined in this policy.
16. Major infractions occurring within competition may, if necessary, be
dealt with immediately by a VMSA representative in a position of authority,
provided the individual being disciplined is told the nature of the infraction
and has an opportunity to provide information concerning the incident. In such
situations, disciplinary sanctions shall be for the duration of the competition
only. Further sanctions may be applied but only after review of the matter in
accordance with the procedures set out in this policy for major infractions.
This review does not replace the appeal provisions of this policy.
Hearing:
17. Within 7 days of receiving the Incident Report, the Discipline
Officer shall forward the Report to the President, or President's delegate, who
shall appoint three individuals to serve as a Disciplinary Panel. Where
possible, one of the Panel members shall be from the peer group of the alleged
offender.
18. The Discipline Panel shall hold the hearing as soon as possible, but
not more than 21 days after the Incident Report is first received by the
President.
19. The Discipline Panel shall govern the hearing as it sees fit,
provided that:
-
the individual
being disciplined shall be given 10 days written notice (by
courier or fax) of the day, time and place of the hearing. The
Panel may decide to conduct the hearing in person or by
telephone or video conference
-
the individual
being disciplined shall receive a copy of the incident report
-
members of the
Panel shall select from among themselves a Chairperson
-
a quorum shall be
all 3 Panel members
-
decisions shall be
by majority vote; the Chair carries a vote
-
the individual
being disciplined may be accompanied by a representative
-
the individual
being disciplined shall have the right to present evidence and
argument
-
the hearing shall
be held in private
-
the Panel may
request that witnesses to the incident be present or submit
written evidence
-
once appointed,
the Panel shall have the authority to abridge or extend
timelines associated with all aspects of the Hearing
20. The Discipline Panel shall render its decision, with written
reasons within 5 days of the Hearing. A copy of this decision shall
be provided to all of the parties to the hearing and the Victorian
Squash Federation
21. The preceding provisions may be modified, or added to, as
required by the provisions of any other pertinent VMSA policy, such
as Pennant By-Laws or event-specific matters.
22. Where the individual acknowledges the facts of the
incident, he or she may waive the hearing, in which case the Panel
shall determine the appropriate disciplinary sanction. The Panel may
hold a hearing for the purpose of determining an appropriate
sanction.
23. If the individual being disciplined chooses not to
participate in the hearing, the hearing shall proceed in any event.
Sanctions
24. The Discipline Panel may apply the following disciplinary
sanctions singly or in combination, for major infractions:
-
written reprimand
to be placed in individual's file
-
hand-delivered
written apology
-
suspension from
certain VMSA events which may include suspension from the
current competition
-
suspension from
certain VMSA activities for a designated period of time
-
suspension from
all VMSA activities for a designated period of time
-
expulsion from
VMSA
-
other sanctions as
may be considered appropriate for the offence
25. The preceding sanctions may be modified, or added to, as
required by the provisions of any other pertinent VMSA policy
26. Unless the Discipline Panel decides otherwise, any
disciplinary sanctions shall commence immediately.
27. In applying sanctions, the Disciplinary Panel may have
regard to the following aggravating or mitigating circumstances:
the nature and severity of the offence,
whether the incident is a first offence or has occurred repeatedly,
the individual's acknowledgment of responsibility,
the individual's extent of remorse,
the age, maturity or experience of the individual, and
the individual's prospects for rehabilitation.
APPEALS PROCEDURE
28. Except
where otherwise provided, an appeal of any disciplinary matter will
be carried out according to the Appeals Policy of the VMSA.
APPENDIX A
VMSA CODE OF CONDUCT
VMSA is committed to
providing an environment in which all individuals are treated with
respect. Further, the VMSA supports equal opportunity and prohibits
discriminatory practices. Members are expected to conduct themselves
at all times in a manner consistent with the values of the VMSA
which include: fairness, integrity, open communication and mutual
respect. Conduct which violates these values may be subject to
sanctions pursuant to the VMSA's Discipline Policy.
In addition to the above, the following specific behaviours will be
subject to sanction pursuant to the VMSA's Discipline Policy.
-
not complying with
the rules, regulations or policies of the VMSA, as adopted and
amended from time to time
-
deliberately
disregarding the Rules of Squash as amended from time to time
-
verbally or
physically abusing an opponent, officials, spectators or
sponsors;
-
showing disrespect
to officials, including the use of foul language and obscene or
offensive gestures
-
abusing playing
equipment or the court
-
failing to comply
with the conditions of entry of an event including any rules
with regard to clothing
-
after having
entered an event or accepted an invitation to participate,
withdrawing from the event or failing to attend without
reasonable cause
-
failing to
complete a match without reasonable cause
-
defaulting from an
event, except with proof of unplayable injury, illness or other
emergency situation
-
any other
unreasonable conduct which brings the game into disrepute
APPENDIX B
Examples of minor
infractions:
-
a single incident
of disrespectful, offensive, abusive, racist or sexist comments
or behaviour directed towards others, including but not limited
to peers, opponents, spectators and sponsors
-
unsportsmanlike
conduct such as angry outbursts or arguing
-
non-compliance
with the rules and regulations under which VMSA events are
conducted
Examples of major infractions:
-
repeated incidents
of disrespectful, offensive, abusive, racist or sexist comments
or behaviour directed towards others, including but not limited
to peers, opponents, officials, and spectators
-
repeated
unsportsmanlike conduct such as angry outbursts or arguing
-
deliberate
disregard for the rules and regulations under which VMSA events
are conducted
-
abusive use of
alcohol where abuse means a level of consumption which impairs
the individual's ability to speak, walk or drive; causes the
individual to behave in a disruptive manner