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Canoe Wales Disciplinary and Appeal Regulations

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Canoe Wales Disciplinary and Appeal Regulations CANOE WALES DISCIPLINARY AND APPEAL REGULATIONS Last review November 2017 Next review due November 2020 1 INTRODUCTION 1.1 These disciplinary regulations (the “Regulations”) are made pursuant to the powers of Canoe Wales to act as the governing body for the sport and recreation of canoeing and paddle sport in Wales in co-operation with British Canoeing, and the other national canoe associations within the United Kingdom, and for the administration and development of canoeing in Wales as set out in its Articles of Association. 1.2 These regulations have been established in accordance with Article 19 of the Articles of Association of Canoe Wales which establishes the Directors’ authority to make appropriate rules and regulations, codes and procedures for carrying out of the objects and purposes of the Company. All members are bound by these provided such Regulations are not inconsistent with the Articles of Association. 1.3 The Regulations are the means by which Canoe Wales exercises disciplinary authority in relation to its rules, policies, codes and procedures and its statement of values established in the furtherance of its objects and are binding on all Members, Volunteers, Clubs, Centres, Coaches and Participants. 1.4 Canoe Wales is an employer and any grievance or disciplinary matters relating to a member of Canoe Wales staff shall be dealt with under the procedures in its Staff Handbook. 1.5 Disciplinary matters relating to anti-doping and/or safeguarding matters shall be dealt with under the Canoe Wales Anti-Doping Rules and/or the Canoe Wales Safeguarding Procedure (as appropriate). 1.6 The laws of England and Wales apply to the Regulations. 1.7 Pursuant to Article 19 of the Articles of Association the Board of Canoe Wales shall have the power to alter, add to, revoke and/or amend the Regulations at any time and such amendments shall be effective from the date stated by the Board. 1.8 Canoe Wales will not be liable to any person, or body for any loss, however 1 caused, whether direct, indirect, financial or consequential arising out of or in connection with any disciplinary action taken and/or not taken under the Regulations and liability is excluded to the maximum permitted in law. 2 DEFINITIONS 2.1 In the Regulations the following words shall have the meaning set out opposite them: “Adult at Risk of Harm” an individual aged 16 or over who: • is unable to look after their own well-being, property, rights or other interests; and • is at risk of harm (either from another person’s behaviour or from their own behaviour); and because they have a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than other adults; “Appeal” an appeal from a decision of the Disciplinary Panel or any other body under Regulation 17 of the Regulations; “Appeal Panel” the panel appointed to hear an appeal from a Decision of the Disciplinary Panel or any other body under Regulation 17 of the Regulations; “Articles of Association” The Articles of Association of Canoe Wales in force at the relevant time; “Board” the Board of Canoe Wales in office at the relevant time under the Articles of Association; “Canoe Wales any tournament, competition or event at any level Tournaments” promoted or administered from time to time by Canoe Wales; “Chair” the person appointed from time to time to be the Chair of the Disciplinary Panel or the Appeal Panel under the Regulations; “Complaint” a complaint of misconduct or notification of a concern regarding particular circumstances and/or conduct that falls within the jurisdiction of these Regulations; 2 “Complainant” the person or body, which may include Canoe Wales, from whom a Complaint has been received; “Contractor” any person or organisation engaged to supply services to Canoe Wales in the course of his or its own business undertaking” “Decision” the written decision of the Disciplinary Panel or Appeal Panel; “Disciplinary Tribunal a register of persons maintained by Canoe Wales, all of Panel Register” whom are appropriately trained/experienced in the application of Canoe Wales regulations, codes, policies and its statement of values, who may be appointed at the relevant time to a Disciplinary Panel or to an Appeal Panel under the Regulations. Persons appointed to this Register need not be members of Canoe Wales; “Disciplinary Panel” the Disciplinary Panel appointed to hear a Complaint pursuant to Regulation 9; “Interested Party” any person, Member, or body that in the sole opinion of Canoe Wales, will or is likely to be affected by the outcome of any Complaint under the Regulations; “Member” a Member of Canoe Wales as defined in the Rules and Articles of Association of Canoe Wales; “Notice of Complaint” the notice of the Complaint received by the CEO by the Complainant in whatever form the CEO reasonably considers constitutes a Complaint; “Official” any person acting on behalf of Canoe Wales in the administration of a Canoe Wales Tournament or acting on behalf of Canoe Wales in any other manner from time to time, including but not limited to the administration, coaching and organisation of a Canoe Wales team or any promotional or coaching activity whatsoever; “Participant” any Member, Official, Spectator, Volunteer or Contractor from time to time participating in any activity promoted or administered by Canoe Wales ; 3 “Respondent” the person who is the subject of the Complaint under the Regulations; “Spectator” any person who is admitted at an Canoe Wales Events/Tournament other than as a Competitor , Official or Volunteer or who is attending an Canoe Wales Tournament as a spectator only; “Volunteer” any person providing assistance or support to Canoe Wales from time to time otherwise as an employee or Director and including but not limited to any person providing assistance at Canoe Wales Events/ Tournaments; “Young Person” any person under 18 years of age. 3 INTERPRETATION 3.1 Any reference to gender includes all genders, any reference to the singular includes the plural (and vice versa), and references to persons includes bodies corporate, unincorporated associations and partnerships (whether or not any of them have a separate legal personality). 3.2 Headings are inserted for convenience only and do not affect the construction of the Regulations. 3.3 Any reference to “working days” in the Regulations refers to a normal working day in Wales, i.e. Monday to Friday, excluding public holidays. For further clarification of the interpretation of dates for service of documents please refer to Regulation 12. 3.4 If any part of the Regulations is held invalid, unenforceable or illegal for any reason, they shall remain in force apart from that part, which shall be treated as if it has been deleted to the extent to which it is invalid, unenforceable or illegal. 4 JURISDICTION AND DISCIPLINARY MATTERS 4.1 The Regulations are binding on all Participants and relate to all Canoe Wales rules, policies, codes and procedures and its statement of values as from time to time established in the furtherance of its objects (other than its anti-doping and safeguarding policies) and subsequent resignation from membership or cessation from being a Participant shall not prevent Canoe Wales taking disciplinary action in accordance with the Regulations in relation to a 4 Complaint that took place or partially took place whilst the Respondent was a Participant. 4.2 The jurisdiction of the Regulations shall include without limitation the following: 4.2.1 Complaints regarding the behaviour or conduct of a Member in or in relation to a Canoe Wales Tournament or Canoe Wales team; 4.2.2 Complaints regarding alleged breaches of Canoe Wales policies, regulations, codes, and practices and its statement of values. 4.2.3 Any matter in which a Participant engages in any conduct which is incorrect, inappropriate, unlawful, unsporting or behaves in a manner which is unacceptable or opposed to the general interests of Canoe Wales or the sport of canoeing or which brings the sport into disrepute including without limitation where a Participant; 4.2.3.1 engages in misconduct, cheating and/or an act of dishonesty; or 4.2.3.2 fails to co-operate with the operation of the Regulations either in so far as it relates to him or her or any other person. 4.3 Any person suspended or banned by the ICF and/or British Canoeing or one of the National Canoe Associations within the United Kingdom may be suspended or banned concurrently by Canoe Wales. Canoe Wales shall not be required to grant the person the opportunity to offer an explanation at a further disciplinary hearing in accordance with the Regulations. 4.4 A Complaint can be notified to the CEO by any person or body which shall include, without limitation, a Member, Club, Region, Official or Volunteer. 4.5 For the avoidance of doubt, Canoe Wales would not ordinarily deal with “on the water” “canoeing specific” disputes which arise at tournaments or competitive events. Any complaints arising out of such events/tournaments should be directed at first instance to the relevant tournament officials/organising body. If following a full investigation such officials or body consider the matter is serious and if it is deemed appropriate they may refer it as a Complaint to the CEO of Canoe Wales. 4.6 For the avoidance of doubt Canoe Wales would not ordinarily deal with selection/inclusion disputes which would be dealt with in accordance with the relevant selection/inclusion policy. The matter would only fall under the Regulations if the relevant selection/inclusion policy allows. 4.7 As a general rule, disciplinary matters shall be dealt with at their most local level, so that, for example, club disciplinary matters shall be dealt with at club level as 5 appropriate, with any appeal to the next level so that matters shall be dealt with as follows: Level at which disciplinary Disciplinary body at Appeal level matter arises first instance Club Club and internal Canoe Wales Club Appeal, where that exists.
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