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Discipline and Complaints

“Organization” refers to: ANCASTER VELO INC

Definitions

The following terms have these meanings in this Policy:

  • ““Complainant” – The Party alleging an infraction

  • “Days” – Days including weekends and holidays

  • “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.

  • “Executive Committee’– All current sitting Director`s of the organization. 

  • “Individuals”– All categories of membership defined in the Organization’s Bylaws,as well as all individuals engaged in activities with, the Organizationincluding, but not limited to, members, Ride Leaders, volunteers, managers, administrators, committee members, Directors and Officers of the Organization.

  • “Respondent” – The alleged infracting Party

 

Purpose

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

The Discipline Chair will be the current sitting club president, 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.

 

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

This Policy applies to all Individuals.

This Policy applies to matters that may arise during the course of the Organization’sbusiness, activities, and events including, but not limited to, club rides, clinics, tryouts, travel associated with Organizationactivities, and any meetings.

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 andis detrimental to the image and reputation of the Organization. Applicability will be determined by the Organizationat its sole discretion.

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 during rides will be dealt with by the procedures specific to the Risk Management Policy, if applicable. In such situations, disciplinary sanctions will be for the duration of the ride, activity, or event only.

Process

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.

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:

 

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

    • Disrespectful, abusive, racist, or sexist comments or behaviour

    • Disrespectful conduct

    • Minor incidents of violence (e.g., tripping, pushing, elbowing)

    • Conduct contrary to the values of the Organization

    • Non-compliance with the Organization’s policies, procedures, rules, or regulations

    • Minor violations of the Organization’s Code of Conduct and Ethics

 

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

    • Repeated minor incidents

    • Any incident of hazing 

    • Behaviour that constitutes harassment, sexual harassment, or sexual misconduct

    • Major incidents of violence (e.g., fighting, attacking, sucker punching)

    • Pranks, jokes, or other activities that endanger the safety of others

    • Conduct that intentionally interferes with a club ride or with any members preparation for said ride. 

    • Conduct that intentionally damages the Organization’s image, credibility, or reputation 

    • Consistent disregard for the Organization’s bylaws, policies, rules, and regulations 

    • Major or repeated violations of the Organization’s Code of Conduct and Ethics

    • Intentionally damaging Organization property or improperly handling the Organization monies

    • Abusive use of alcohol, or use or possession of illicit drugs and narcotics

Process #1:  Handled by Discipline Chair
 

Sanctions

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:

  • Verbal or written reprimand 

  • Verbal or written apology 

  • Service or other contribution to the Organization 

  • Removal of certain privileges 

  • Suspension from certain teams, events, and/or activities

  • Suspension from all Organization activities for a designated period of time

  • Expulsion from the Organization

  • Any other sanction considered appropriate for the offense​

 

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

 

Records of all sanctions will be maintained by the Organization.

 

Request for Reconsideration

 

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:

  • Why the sanction is inappropriate; 

  • All evidence to support the Respondent’s position; and

  • What penalty or sanction (if any) would be appropriate

 

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

 

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

 

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.

Suspension Pending a Review

The Organizationmay determine that an alleged incident is of such seriousness as to warrant suspension of an Individual pending completion of a review or a decision of the Executive Committee.

 

 

Confidentiality

The discipline and complaints process is confidential and involves only the Parties, the Discipline Chair, the Executive Committee, and any independent advisors to the Executive Committee. 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

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 Executive Committee may direct that these timelines be revised.

 

Records and Distribution of Decisions

Any decisions rendered in accordance with this Policy will be kept on record by the organization. Distribution of decisions will be limited to the respondent, Discipline Chair and Executive Committee.

Process #2:  Handled by Executive Committee

Case Manager

Following the determination that the complaint or incident should be handled under Process #2, the Organization will refer the case to the Executive Committee.

 

The Executive Committee has a responsibility to:

  • Determine whether the complaint is frivolous and/or within the jurisdiction of this Policy

  • Coordinate all administrative aspects and set timelines

  • Provide any service or support that may be necessary to ensure a fair and timely proceeding

 

Procedures

 

If the Executive Committee determines the complaint is:

  • Frivolous or outside the jurisdiction of this Policy, the complaint will be dismissed immediately

  • Not frivolous and within the jurisdiction of this Policy, the Executive Committee will notify the Parties that the complaint is accepted and of the applicable next steps

 

The Executive Committee`s decision to accept or dismiss the complaint may not be appealed.  

 

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

 

After notifying the Parties that the complaint has been accepted, the Executive Committee, will set a time to meet and reviewthe complaint. 

 

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

 

​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.

 

​In fulfilling its duties, the Executive Committee may obtain independent advice.

Decision

After review of the matter, the Executive Committee will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the reviewer’s conclusion, the Executive Committee`s written decision, with reasons, will be delivered to the respondent. In extraordinary circumstances, the Executive Committee may first issue a verbal or summary decision soon after the review`s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. The decision will be considered confidential unless decided otherwise by the Executive Committee.

 

Sanctions

The Executive Committee may apply the following disciplinary sanctions, singularly or in combination:

  • Verbal or written reprimand 

  • Verbal or written apology 

  • Service or other contribution to the Organization 

  • Removal of certain privileges 

  • Suspension from certain teams, events, and/or activities

  • Suspension from all Organization activities for a designated period of time

  • Expulsion from the Organization

  • Any other sanction considered appropriate for the offense

 

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

Records of all decisions will be maintained by the Organization.

 

Appeals

The decision of the Executive Committee is final and may not be appealed.