MASTERS SWIMMING CANADA INC.

NOTE: IN THIS POLICY "MEMBER" REFERS TO all categories of members in Masters Swimming Canada Inc. (MSC), as well as to all individuals engaged in activities with or employed by MSC, including but not limited to, athletes, coaches, officials, volunteers, directors, officers, administrators and employees (including contract personnel).

PREAMBLE

• 1. MSC is committed to providing a sport environment which is athlete-centered and which is characterized by the values of fairness, integrity, open communication and mutual respect.
• 2. Membership in MSC, as well as participation in the activities of MSC, brings with it many benefits and privileges. At the same time members are expected to fulfill certain responsibilities and obligations, including but not limited to, complying with the Code of conduct, policies, rules and regulations of MSC.
• 3. The MSC Code of Conduct (attached as Appendix A) identifies the standard of behaviour which is expected by members of MSC. Members 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 MSC, as well as to all individuals engaged in activities with or employed by, MSC including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, medical and paramedical personnel, administrators and employees.
• 5. This policy applies to discipline matters which may arise during the course of all MSC business, activities and events, including but not limited to, e-mail activities, swim meets, meetings and travel associated with these activities or which may have an impact on MSC business.
• 6. Discipline matters arising within the business, activities or events of clubs or affiliated organizations of MSC shall be dealt with using the discipline policies and mechanisms of such organizations.

DISCIPLINARY PROCEDURES

• 7. Examples of minor infractions are shown in Appendix B. All disciplinary situations involving minor infractions occurring within the jurisdiction of MSC will be dealt with by the appropriate person having authority over the situation and the individual involved (this person may include, but is not restricted to, a board member, committee member, swim meet chairperson, official, coach, team manager, team captain or head of delegation).
• 8. 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 such infractions, provided the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident.
• 9. The following disciplinary sanctions may be applied, singly or in combination, for minor infractions:
  • a) verbal reprimand,
  • b) written reprimand to be placed in individual's file,
  • c) verbal apology,
  • d) hand-delivered written apology,
  • e) team service or other voluntary contribution to MSC,
  • f) suspension from the current competition,
  • g) other sanctions as may be considered appropriate for the offence.
  10. Minor infractions which result in discipline shall be recorded using the Incident Report Form in Appendix C. Repeat minor offences may result in a further such incident being considered as a major infraction.

• 11. Examples of major infractions are shown in Appendix B. Any member, or representative, of MSC may report to the President a major infraction using the Incident Report Form in Appendix C.
• 12. Upon receipt of an Incident Report, the President 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.
• 13. If the incident is to be dealt with as a minor infraction, the President will inform the appropriate person in authority as described in Section 6 and the alleged offender, and the matter shall be dealt with according to Sections 7 through 9 of this policy.
• 14. 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 14 days from date of receipt of the Incident Report, and shall be advised of the procedures outlined in this policy.
• 15. Major infractions occurring within competition may be dealt with immediately, if necessary, by a MSC 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:

• 16. Within 21 days of receiving the Incident Report, the President shall appoint 3 individuals to serve as the Disciplinary Panel. Where possible, 1 of the Panel members shall be from the peer group of the alleged offender.
• 17. The discipline Panel shall hold the hearing as soon as possible, but not more than 30 days after the Incident Report is first received by the President.
• 18. The Discipline Panel shall govern the hearing as it sees fits, provided that:
  • a) 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;
  • b) the individual being disciplined shall receive a copy of the incident report;
  • c) members of the Panel shall select from among themselves a Chairperson;
  • d) a quorum shall be all 3 Panel members
  • e) decisions shall be by majority vote;
  • f) the individual being disciplined may be accompanied by a representative;
  • g) the individual being disciplined shall have the right to present evidence and argument;
  • h) the hearing shall be held in private;
  • i) the Panel may request that witnesses to the incident be present or submit written evidence;
  • j) once appointed, the Panel shall have authority to abridge or extend timelines associated with all aspects of the Hearing.
• 19. The Discipline Panel shall render its decision, with written reasons within 14 days of the Hearing. A copy of this decision shall be provided to all the parties to the hearing and the President.
• 20. The preceding provisions may be modified, or added to as required by the provisions of any other pertinent MSC policy, such as those dealing with harassment, personnel or event-specific matters.
• 21. 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.
• 22. If the individual being disciplined chooses not to participate in the hearing, the hearing shall proceed in any event.

SANCTIONS:

• 23. The Discipline Panel may apply the following disciplinary sanctions singly or in combination, for major infractions as determined by the Disciplinary Panel and recorded in the minutes.
  • a).written reprimand to be placed in individual's file;
  • b) hand-delivered written apology;
  • c) suspension from certain MSC events which may include suspension from the current competitions;
  • d) payment of a financial fine in an amount to be determined by the Disciplinary Panel;
  • e) suspension from certain MSC activities ( ie: competing. coaching or officiating) for a designated period of time;
  • h) suspension from all MSC activities for a designated period of time;
  • i) expulsion from MSC;
  • j) other sanctions as may be considered appropriate for the offence.
• 24. Unless the Discipline Panel decides otherwise, any disciplinary sanctions shall commence immediately.
• 25. 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 acknowledgement of responsibility,
  • The individual's extent of remorse,
• 26. Notwithstanding the procedures set out in this policy, any member of MSC who is convicted of a criminal offence involving sexual exploitation, invitation to sexual touching, sexual interference, sexual assault, shall face automatic suspension from participating in any activities of MSC for a period of time corresponding to the length of the criminal sentence imposed by the Court, and may face further disciplinary action by MSC in accordance with this policy

APPEALS PROCEDURE

• 27. Except where otherwise provided, an appeal of any disciplinary matter will be done according to the Appeals Process of MSC.

The objective of Masters Swimming Canada Inc. is to promote fitness, friendship and understanding through swimming.

MSC is committed to providing an environment in which all individuals are treated with respect. Further, MSC supports equal opportunity and prohibits discriminatory practices. Members are expected to conduct themselves at all times in a manner consistent with the values of MSC which include: fairness, integrity, open communication and mutual respect. Irresponsible behaviour by members can do severe damage to the sport of Masters swimming and to the support which all levels of swimmers have worked hard to achieve. Conduct which violates these values may be subject to sanctions pursuant to MSC's discipline Policy.

In addition to the above, the following specific behaviours will be subject to sanction pursuant to MSC's Discipline Policy.

• 1. not complying with the by-laws, rules, regulations or policies of MSC, as adopted and amended from time to time;
• 2. verbally or physically abusing opponents, spectators, officials or sponsors;
• 3. showing disrespect to officials, including the use of foul language or obscene or offensive gestures;
• 4. abusing swim facilities or equipment;
• 5. failing to comply with the condition of entry of a swim meet including any rules with regard to clothing or advertising;
• 6. any other unreasonable conduct which brings the sport of swimming into disrepute, (including but not limited to the abusive use of alcohol, non-medical use of drugs.

The MSC Code of Conduct shall govern all disciplinary matter to the extent that it conflicts or augments the Code of Conduct of any PMO. (provincial/territorial swimming association.)

• a) single incident of disrespect to another, offensive, abusive, racist or sexist comments or behaviour directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors;
• b) unsportsmanlike conduct such as angry outbursts or arguing;
• c) non-compliance with the rules and regulations under which MSC events are conducted, whether at the national or international level.

• a) repeated incidents of disrespect towards others, offensive, abusive, racist or sexist comments or behaviour directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors;
• b) repeated unsportsmanlike conduct such as angry outbursts or arguing;
• c) activities or behaviour which interfere with a competition or with any athlete's preparation for a competition;
• e) pranks, jokes or other activities which endanger the safety of others;
• f) deliberate disregard for the rules and regulations under which MSC events are conducted, whether at the local, provincial, national or international level
• g) abusive use of alcohol where abuse means a level of consumption which causes the individual to behave in a disruptive manner; or interferes with the individual's ability to perform effectively and safely;
• h) use of illicit drugs and narcotics;
• i) use of banned performance enhancing drugs or methods.
• j) repeated e-mail harassment

Date and time of incident: ___________________________

Name of writer: ___________________________________	Position:_________________________

Location of incident: __________________________________________________________________

This incident is a: ________ minor infraction	________ major infraction

Individual(s) involved in the incident:
																
Objective description of the incident (please be concise, accurate and non-judgmental):






																
Names of individuals who observed the incident:
																																			

Disciplinary action which was taken (if applicable):






																
Signature of writer:				Date: