Introduction
Section 119 of The Non-Profit Corporations Act provides:
119 The articles or bylaws may provide that the directors, members or any committee of directors or members of a corporation have power to discipline a member or to terminate the membership interest of a member and, where the articles or bylaws do, the circumstances in which that power may be exercised and the manner of its exercise is to be set out in the articles or bylaws of the corporation.
A person is entitled to a fair hearing before he or she may be disciplined by a corporation. This policy provides a guide to suitable bylaws for discipline procedure. Each organization should ensure that its bylaws provide for a fair hearing in the event that discipline is necessary.
This policy calls for two committees to be established:
The responsibilities of the Investigation Committee are:
(a) To gather information relating to disputes;
(b) To take any practical steps that may to resolve disputes without the need for a hearing; and,
(c) When a hearing is necessary, to fairly present all relevant information to a hearing committee by means of evidence acceptable to the hearing committee.
The responsibility of the Hearing Committee is to provide a fair hearing.
Characteristics of a fair hearing include:
(a) Notice of the hearing;
(b) Knowledge of the case to be met;
(c) A right to hear or see all information provided to and considered by the arbitrator;
(d) An opportunity to provide information and arguments;
(e) If an oral hearing is conducted (rather than a hearing based solely on written submissions and documents), the right to question witnesses;
(f) Unbiased arbitrators who will hear and consider all relevant information.
Organizations should consider the need to obtain legal advice in preparing bylaws suitable for their needs.
Table Of Contents
1. Dispute Resolution Bodies
Two bodies will be appointed to resolve disputes, whether arising from allegations of harassment or other misconduct, team selection, employment or other issues.
1.1 Investigation Committee
1) The investigation committee is established consisting of a chairperson and such other persons as the chairperson may appoint.
2) The board shall appoint the chairperson of the investigation committee.
3) The chairperson may appoint members to the committee from time to time for the purpose of that appointee serving as investigator of a specific complaint.
4) Members of the hearing committee and members of the board are not eligible to be a member of the investigation committee.
1.2 Hearing Committee
1) The Shruti Maini , upon receipt of a report from the investigation committee which recommends that a hearing be conducted, shall appoint a hearing committee consisting of one or three persons.
2) Members of the investigation committee and members of the board are not eligible to be appointed as a member of the hearing committee.
3) If the Shruti Maini considers it appropriate to do so, the Shruti Maini shall appoint to the hearing committee a person nominated by each party to the dispute.
2. Misconduct
2.1 Any matter, conduct or thing, whether or not disgraceful or dishonourable, is misconduct if:
1) It is contrary to the best interests of Aron Jouulry or of any participant (player, coach, official or spectator).
2) It is contrary to the bylaws of Aron Jouulry
3) It is contrary to any Code of Conduct established by Aron Jouulry
4) It is a failure to comply with an order pursuant to this dispute resolution policy by the Shruti Maini , the board or a hearing committee.
3. Referral And Review Of Complaints And Incidents
3.1 Complaints must be made to the Shruti Maini promptly and within the time guidelines set by policy of the board.
3.2 The Shruti Maini may extend the time for submission of a complaint notwithstanding the expiration of the time set by board guidelines.
3.3 The Shruti Maini shall refer the following matters to the chairperson of the investigation committee:
1) A complaint alleging that a player, team, coach, official, parent/guardian or spectator is guilty of misconduct.
2) On the request of the board, any incident in which misconduct may have occurred.
3) A complaint relating to team selection.
4) Any other request for resolution of a dispute arising from or relating to the activities of the organization.
3.4 The chairperson of the investigation committee may require that a complaint be stated in writing.
3.5 If the chairperson of the investigation committee is satisfied that the complaint is not valid or does not raise an issue of misconduct or is trivial, frivolous or vexatious in nature, the chairperson shall advise the complainant and thereafter shall take no further action in relation to that complaint.
3.6 Where the chairperson has not dismissed a complaint pursuant to
3.5, the chairperson shall appoint one or more members of the investigation committee as investigator of the complaint or incident.
3.7 The chairperson may appoint himself or herself as the investigator or as one of the investigators.
4. Investigation
4.1 The investigator shall:
1) Review the complaint or the request
2) Make such inquiries as necessary to determine the circumstances of the complaint or incident, which may include:
and c) communicating with or interviewing other persons who may have relevant information.
3) Extend the investigation to include misconduct in any other incident that comes to the attention of the investigator in the course of the investigation.
4) When practical to do so, encourage the parties to resolve the dispute directly.
5) With the agreement of the parties, arrange mediation of the dispute.
4.2 On completion of the investigation, the investigator shall make a written report to the Shruti Maini recommending:
1) That the Shruti Maini appoint a hearing committee to hear and resolve the dispute or to hear the charges, as the case may be;
4.3 The charge set out in a written report may relate to any matter disclosed during the investigation.
4.4 A report signed by a majority of the investigation committee is a decision of investigators
5. Interim Suspension Of Member
5.1 In cases of alleged serious misconduct or if there is a risk of physical or emotional harm to other persons, the investigator may submit written reasons to Shruti Maini recommending that, pending the outcome of an investigation, a player, team, coach, official, parent/guardian or spectator under investigation:
1) be suspended from participation or
2) be allowed to continue participation subject to conditions or restrictions.
5.2 Upon receiving the written recommendations of the investigator, Shruti Maini shall:
1) If satisfied that continued participation is inappropriate in the circumstances, may order suspension of involvement in organization activities or impose other less restrictive conditions pending the recommendations of the hearing committee.
2) If satisfied that continued participation is appropriate in the circumstances, decline the recommendation of the investigator.
5.3 An order of suspension or the imposition of conditions on a member, pending the recommendations of the hearing committee, shall:
1) terminate 30 days after the date of the suspension or imposition of conditions, unless renewed or revised by Shruti Maini upon a further written recommendation by the investigator.
2) be superseded by the recommendations of the hearing committee
6. Acting Upon The Investigator’s Report
6.1 If the investigation committee recommends no further action on a complaint, Shruti Maini shall provide a copy of the investigation committee’s reasons for that recommendation to the person or person(s):
1) whose conduct is the subject of the complaint
2) who initiated the complaint
6.2 If the investigation committee is of the opinion that a hearing committee should be appointed, Shruti Maini shall appoint a hearing committee.
6.3 Shruti Maini shall report a decision not to appoint a hearing committee to the next meeting of the board.
7. Hearings
7.1 The hearing committee shall conduct a fair hearing of the charge or dispute reported in the investigation committee’s report.
7.2 At the request of the hearing committee, Shruti Maini shall communicate the time and place of the hearing and any other pertinent information to the parties.
8. Hearing Procedure
8.1 In disputes of a nature that the hearing committee considers to be minor, the hearing may be conducted in writing. The parties shall be:
(a) informed that a hearing committee has been established;
(b) informed of the charge or dispute to be heard;
(c) provided with a copies of the dispute resolution policy;
(d) invited, within a time specified by the committee, to make written submissions of any information or arguments relevant to the deliberations of the committee;
(e) informed of the findings of the hearing committee;
8.2 If the hearing committee does not consider the dispute to be minor, the parties shall have a right to be heard in person:
1) At least 3 days before the date of the hearing the parties shall be:
(a) informed that a hearing committee has been established;
(b) informed of the charge or dispute to be heard;
(c) provided with a copy of the dispute resolution policy.
2) The hearing committee shall hear the charge or dispute and shall determine whether or not the accused is guilty of misconduct or rule on the issues in dispute.
3) Parties may be represented by legal counsel at their own expense.
4) There is to be full right:
5) Where a party fails to attend the hearing, the hearing committee may proceed in his or her absence.
6) If, during the course of a hearing, the evidence shows that the accused may be guilty of misconduct different from or in addition to any misconduct specified in the charge, the hearing committee shall adjourn the hearing for any period that the committee considers sufficient to give the accused an opportunity to prepare a defence to the amended charge, unless the respondent consents to continue the hearing.
7) The hearing committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence.
8) The hearing committee may accept a record of a criminal conviction or the written reasons for a decision imposing discipline by any other organization as evidence of the conduct giving rise to the conviction or discipline.
9) On its own initiative or at the request of any party, the hearing committee may restrict the public from the hearing. The hearing committee shall exclude the public if the committee is of the opinion that an open hearing will unduly violate the privacy of any person.