Discipline & Appeals Policy
“Member” refers to all categories of members of Canada Basketball, as well as to all individuals engaged in activities with or employed by Canada Basketball, including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees (including contract personnel).
1. Canada Basketball 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 Canada Basketball, as well as participation in the activities of Canada Basketball, 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 Canada Basketball.
3. The Canada Basketball Code of Conduct identifies the standard of behaviour, which is expected of members of Canada Basketball. Members who fail to meet this standard will be subject to the disciplinary sanctions identified within this policy.
4. This policy applies to all members of Canada Basketball, as well as to all individuals engaged in activities with, or employed by, Canada Basketball including, but not limited to athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees.
5. This policy applies to discipline matters which may arise during the course of all Canada Basketball business, activities and events, including but not limited to basketball competitions (including exhibition games), basketball practices, training camps, meetings and travel associated with these activities.
6. Discipline matters arising within the business, activities or events of provincial/territorial Basketball associations, or other member organizations of Canada Basketball shall be dealt with using the discipline policies and mechanisms of such organizations.
7. Minor infractions are single incidents of misconduct which violate the Guidelines for Behaviour but which generally do not result in harm to others. All disciplinary situations involving minor infractions occurring within the jurisdiction of Canada Basketball 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, basketball tournament chairperson, a tournament organizing committee representative, official, coach, team manager, team captain or head of delegation).
8. Procedures for dealing with minor infractions shall be informal and shall be determined at the discretion of the appropriate person having authority over the situation and the individual involved, 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 Canada Basketball,
f) Suspension from a game or a number of games
g) Suspension from the competition,
h) Other sanctions as may be considered appropriate for the offense.
10. Minor infractions which result in discipline shall be recorded using the Incident Report Form. Repeat minor offenses which are documented in Incident Reports may result in subsequent incidences, which would normally be considered as a minor infraction, being considered as a major infraction.
11. Major infractions are single or repeated incidents of misconduct which violate the Guidelines for Behaviour and which result, or have the potential to result, in harm to other person or to Canada Basketball. Any member, or representative, of Canada Basketball may report to the President a major infraction using the Incident Report form.
12. If the incident is a major infraction a hearing is required. The alleged offender shall be notified as quickly as possible and in any event no later than 5 days from date of receipt of the Incident Report, and shall be provided with a copy of this policy concurrently with being notified of the infraction.
13. Within 7 days of receiving the Incident Report, the Executive Director shall forward the Report to the President, or President’s delegate who shall appoint three individuals to serve as a Discipline Panel. Where possible, one of the Panel members shall be from the peer group of the alleged offender.
14. 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.
15. Having regard to the nature of the discipline matter and the potential consequences of any resulting sanctions, the Panel may decide to conduct the hearing by way of review of documentary evidence or by way of oral hearing. If the Panel decides to conduct an oral hearing, it may decide to do so in-person or by means of telephone conference.
16. The Panel may determine that the circumstances of the dispute warrant a preliminary conference:
a) The matters which may be considered at preliminary conference include date and location of a hearing, timelines for exchange of documents, format for the hearing, clarification of issues in dispute, any procedural matter, order and procedure of hearing, remedies being sought, identification of witnesses, and any other matter which any assist in expediting the discipline proceedings.
b) The panel may delegate to one of its members the authority to deal with these preliminary matters.
17. The Discipline Panel shall govern the hearing as it sees fit, having regard to the financial resources and needs of Canada Basketball, 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;
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 where the Chair carries a vote;
f) In the case of an oral hearing, the individual being disciplined may be accompanied by a representative;
g) In the case of an oral hearing, 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 in the case of an oral hearing or submit written evidence;
j) Once appointed, the Panel shall have the authority to abridge or extend timelines associated with all aspects of the Hearing.
18. The Discipline Panel shall render its decision, with written reasons within 10 days of the Hearing. A copy of this decision shall be provided to all of the parties to the hearing the President and the Executive Director.
19. The preceding provisions may be modified, or added to, as required by the provisions of any other pertinent Canada Basketball policy, such as those dealing with harassment, doping, personnel or event-specific matters.
20. 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.
21. If the individual being disciplined chooses not to participate in the hearing, the hearing shall nonetheless proceed.
22. The Discipline Panel may apply the following disciplinary sanctions singly or in combination, for major infractions:
a) Written reprimand to be placed in individual’s file;
b) Hand-delivered written apology;
c) Suspension from certain Canada Basketball events which may include suspension from a game, a series of games, the current competition or from future teams or competitions;
d) Being sent home following suspension from the current competition;
e) Payment of a financial fine in an amount to be determined by the Discipline Panel;
f) Suspension of Canada Basketball or Sport Canada funding;
g) Suspension from certain Canada Basketball activities (i.e. competing, coaching or officiating) for a designated period of time;
h) Suspension from all Canada Basketball activities for a designated period of time;
i) Expulsion from Canada Basketball;
j) Publication of the decision;
k) Other sanctions as may be considered appropriate for the offense.
23. The preceding sanctions may be modified, or added to, as required by the provisions of any other pertinent Canada Basketball policy, such as those dealing with harassment, doping, personnel or event-specific matters.
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:
a) The nature and severity of the offense,
b) Whether the incident is a first offense or has occurred repeatedly,
c) The individual’s acknowledgment of responsibility,
d) The individual’s extent of remorse,
e) The age, maturity or experience of the individual, and
f) The individual’s prospects for rehabilitation.
26. Notwithstanding the procedures set out in this policy, any member of Canada Basketball who is convicted of a criminal offense involving sexual exploitation, invitation to sexual touching, sexual interference or sexual assault, shall face automatic suspension from participating in any activities of Canada Basketball for a period of time corresponding to the length of the criminal sentence imposed by the Court, and may face further disciplinary action by Canada Basketball in accordance with this policy.
INFRACTIONS DURING TOURNAMENTS AND COMPETITIONS
27. Infractions occurring during tournaments or competitions may need to be dealt with on an urgent basis. Such infractions must be reported to the tournament or competition Chair (“Chair”) within 90 minutes of their occurrence becoming known, using the Incident Report form.
28. Upon receipt of an Incident Report, the tournament or competition Chair shall determine if the incident is a Minor or Major Infraction as contemplated by the Guidelines for Behaviour.
29. If the incident is deemed by the Chair to be a Minor Infraction the Chair shall follow the procedures outlined in Section 8 of this policy.
30. If the incident is deemed by the Chair to be a Major Infraction, within 60 minutes of the incident being reported the Chair shall appoint a Discipline Panel comprised of a Canada Basketball representative, a Tournament Host Committee representative and an officials representative, one of whom shall be named to serve as Chair.
31. The Discipline Panel shall hear and decide the matter using the following procedures:
a) Quorum shall be all three Panel members, and the Panel shall make its decision by majority vote where the Chair carries a vote;
b) The hearing shall be an oral hearing, held in private;
c) The individual being disciplined shall be given 60 minutes notice of the hearing, and may be accompanied at the hearing by a representative;
d) The individual being disciplined shall be given a copy of the Incident Report;
e) The individual being disciplined shall have the right to present evidence and argument;
f) The Panel may request that witnesses to the incident be present for the hearing, and may request that any readily available documents or materials be provided to the Panel, such as game reports, game tape or video, or official’s reports;
g) The Panel shall render its decision, with reasons, verbally within 30 minutes of the conclusion of the hearing;
h) The Panel may apply sanctions as set out in Section 22, and such sanctions shall take effect immediately.
32. The Panel may, in its sole discretion, adapt such procedures and timelines to accommodate any unique, urgent or unforeseen circumstances, at all times ensuring that the matter is heard and decided in a timely and fair manner.
33. Except where otherwise provided, an appeal of any disciplinary matter shall be dealt with pursuant to the Appeals Policy of Canada Basketball.
EXAMPLES OF MINOR INFRACTIONS
1. A single incident of disrespectful, 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;
2. Conduct contrary to the ideals of fair play such as angry outbursts or arguing;
3. A single incident of being late for or absent from Canada Basketball events and activities at which attendance is expected or required;
4. Non-compliance with the rules and regulations under which Canada Basketball events are conducted, whether at the local, provincial, national or international level.
EXAMPLES OF MAJOR INFRACTIONS
1. Repeated incidents of disrespectful, 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;
2. Repeated conduct contrary to the ideals of fair play such as angry outbursts or arguing;
3. Repeated incidents of being late for or absent from Canada Basketball events and activities at which attendance is expected or required;
4. Activities or behaviour which interfere with the organization of a competition or with any athlete’s preparation for a competition;
5. Pranks, jokes or other activities which endanger the safety of others;
6. Deliberate disregard for the rules and regulations under which Canada Basketball events are conducted, whether at the local, provincial, national or international level;
7. Any conduct which results in harm to the image, credibility or reputation of Canada Basketball and / or its’ sponsors;
8. Abusive use of alcohol or any other illicit substance 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; or interferes with the individual’s ability to perform effectively and safely;
9. Abuse of basketball facilities or equipment;
10. Any use of alcohol or any other illicit substance by minors;
11. Use of illicit drugs and narcotics;
12. Use of banned performance enhancing drugs or methods.
The purpose of this policy is to enable disputes with members to be dealt with fairly, expeditiously and affordably, with recourse to formal legal and court like procedures
“Days” shall mean total days, irrespective of weekends or holidays
“Members” refers to all categories of members in Canada Basketball, as well as to all individuals engaged in activities by Canada Basketball, including, athletes, coaches, officials, team managers, team captains, medical and paramedical personnel, and volunteers.
“Appellant” refers to the member appealing a decision.
“Respondent” refers to the individual or body whose decision is being appealed.
“President” means the president of Canada Basketball.
SCOPE OF APPEAL
1. Any member of Canada Basketball who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of any body or individual who has been delegated authority to make decisions on behalf of the Board of Directors, shall have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 5 of this policy. Decisions, which may be appealed, include those relating to eligibility, carding, harassment, selection and discipline.
2. This policy shall not apply to decisions relating to:
a) Matters of employment;
b) Infractions for doping offenses, which are dealt with pursuant to the Canadian Policy on Doping in Sport and the Canadian Doping Control Regulations;
c) The rules of the basketball, which may not be appealed;
d) Field of play rulings, which are dealt with pursuant to the policies of FIBA (Fédération internationale de basketball amateur);
e) Discipline matters arising during tournaments or events organized by entities other than Canada Basketball, which are dealt with pursuant to the policies of these other entities (i.e. Olympic Games, FISU games, Canada Summer Games); or
f) Any decision made under Section 7 of this policy.
TIMING OF APPEAL
3. Members who wish to appeal a decision shall have 21 days from the date on which they received notice of the decision, to submit in writing notice of their intention to appeal, grounds for the appeal and a summary of the evidence which supports these grounds, to the “President” of Canada Basketball. The notice of appeal shall be accompanied by payment of $200, which shall be non-refundable.
4. Any party wishing to initiate an appeal beyond the 21-day period must provide a written request stating reasons for an exemption to the requirement of Section 3. The decision to allow, or not allow an appeal outside the 21 day period shall be at the sole discretion of the President.
GROUNDS FOR APPEAL
5. A decision cannot be appealed, nor can an appeal be heard, on the merits of the decision. Decisions may only be appealed, and appeals may only be heard on procedural grounds. Procedural grounds are limited to the Respondent:
a) Making a decision for which it did not have authority or jurisdiction as set out in Canada Basketball’s governing documents;
b) Failing to follow procedures as laid out in the bylaws or approved policies of Canada Basketball; or
c) Making a decision which was influenced by bias.
B. SCREENING OF APPEAL
6. Within 3 working days of receiving the appeal, the President shall review the notice, grounds and summary of evidence and shall determine whether there is sufficient basis to support an appeal based on one or more of the grounds set out in Section 5. Sufficient evidence shall mean that all of the evidence taken together, if unexplained or uncontradicted, could support a finding of one or more of the grounds for an appeal as set out in Section 5. In the absence of the President, the Vice-President shall perform this function and in the absence of the Vice-President, the Chair of the Administration Committee shall perform this function providing that if the President considers it appropriate in the circumstances the President may delegate this function to any other appropriate person.
7. If the appeal is denied on the basis of insufficient grounds, the Appellant shall be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the President, or designate, and may not be appealed.
8. If the President, or designate is satisfied that there are sufficient grounds for an appeal, within 10days of having received the original notice of appeal the President shall establish an Appeals Panel (the “Panel”) as follows:
a) The Panel shall be comprised of three individuals who shall have no significant relationship with the affected parties, shall have had no involvement with the decision being appealed, and shall be free from any other actual or perceived bias or conflict.
b) At least one the Panel’s members shall be from among the Appellant’s peers.
c) The Panel’s members shall select from themselves a Chairperson.
9. The Panel may determine that the circumstances of the dispute warrant a preliminary conference. The matters, which may be considered and determined at a preliminary conference, include
a) Format for the appeal (hearing by written submissions, oral hearing, telephone conference or video conference or any combination thereof);
b) Date and location of hearing;
c) Timelines for exchange of documents:
d) Clarification of issues in dispute;
e) Order and procedure of hearing;
f) Remedies being sought;
g) Identification of witnesses, and,
h) Any other matter, which may assist in expediting the appeal proceedings.
10. The Panel may delegate to its Chairperson the authority to deal with these preliminary matters.
C. PROCEDURE FOR THE APPEAL
11. Where the Panel has determined that the appeal shall be held by way of oral hearing, the Panel shall govern the appeal by such procedures as it deems appropriate, having regard to the financial needs and resources of Canada Basketball, provided that:
a) Depending on the nature and circumstances of the appeal, the Panel may abridge or extend the timelines for the hearing as it deems necessary.
b) The appeal hearing shall be held within 21 days of the Panel’s appointment.
c) The Appellant, Respondent and affected parties shall be given 14 days written notice of the date, time and place of the appeal hearing.
d) A quorum shall be all three Panel’s members.
e) Decisions shall be by majority vote, where the Chairperson carries a vote.
f) Copies of any written documents which any of the parties would like the Panel to consider shall be provided to each member of the Panel, and to all other parties, at least 5 days in advance of the hearing.
g) If the decision of the Panel may affect another party to the extent that the other party could have recourse to an appeal in their own right, that party shall have the right to become a party to the appeal in question.
h) Any of the parties may be accompanied by a representative or advisor, including legal counsel, the costs of which shall be borne by the party who appoints that representative or advisor.
i) The Panel may direct that any other individual participate in the appeal.
j) In the event that one of the Panel’s members is unable or unwilling to continue with the appeal, a substitute panel member will be appointed by the remaining two Panel members.
k) Unless otherwise agreed by the parties, there shall be no communication relating to the merits of the appeal between Panel members and the parties except in the presence of, or by copy to, the other parties.
12. In order to keep costs to a reasonable level the Panel may conduct the appeal by means of a telephone or video conference.
D. PROCEDURE FOR WRITTEN SUBMISSION
13. Where the Panel has determined that the appeal shall be held by way of written submission, it shall govern the appeal by such procedures as it deems appropriate provided that:
a) All parties are given an opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal.
b) The applicable principles and timelines of Section 11 are respected.
E. EVIDENCE WHICH MAY BE CONSIDERED
14. As a general rule, the Panel shall only consider that evidence which was before the original decision-maker. However, at its sole discretion the Panel may still hear new evidence which is material and which was not available at the time of the original decision if it is considered necessary for its’ decision.
15. Within 14 days of concluding the appeal, the Panel shall issue its written decision, with reasons. In making its decision, the Panel shall have no greater authority than that of the original decision-maker. The Panel may decide:
a) To reject the appeal and confirm the decision being appealed;
b) To uphold the appeal and refer the matter back to the initial decision-maker for a new decision to correct the errors which were identified,
c) To uphold the appeal and vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reasons which include, but are not limited to, lack of clear procedure, lack of time, or lack of neutrality;
d) To refund the appeal fee of $ 200 to the Appellant, and
e) To determine how costs of the Panel shall be allocated.
16. A copy of this decision shall be provided to each of the parties and to the President and Executive Director of the association.
17. In extraordinary circumstances, the Panel may issue a verbal decision or a summary decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in Section 15.
18. Any appeal shall take place in the municipality where the National Office of Canada Basketball is located, unless otherwise agreed by the parties provided that thePanel shall always be able to make a final determination of the appropriate locations based on the cost and convenience of all the parties and the panel members.
FINAL AND BINDING DECISIONS
19. The decision of the Panel shall be final and binding upon the parties and on all Members.
F. URGENT APPEALS
20. Where the appeal relates to a decision arising during a tournament or competition and must be dealt with on an urgent basis, notice of the appeal shall be provided to the tournament or competition Chair (‘Chair”) within 60 minutes of the decision being communicated to the Appellant. The notice of appeal must be written and shall include the grounds for the appeal and a summary of evidence, which supports the grounds.
21. Within 60 minutes of receiving the notice of appeal, the Chair shall appoint a Discipline Panel comprised of a Canada Basketball representative, a Tournament Host Committee representative and an officials representative, one of whom shall be named to serve as Chair.
22. The Appeal Panel shall hear and decide the matter using the following procedures:
a) Quorum shall be all three Panel members, and the Panel shall make its decision by majority vote where the Chair carries a vote;
b) The appeal hearing shall be an oral hearing, held in private;
c) If the decision of the Panel may affect another party to the extent that the other party could have recourse to an appeal in their own right, that party shall become a party to the appeal in question;
d) The appellant, respondent and any affected party shall be given 60 minutes notice of the hearing, and may each be accompanied at the hearing by a representative;
e) The Panel may request that any other individual participate in the appeal;
f) The Panel shall only consider that evidence that was before the original decision-maker;
g) The Panel shall render its decision, with reasons, verbally within 30 minutes of the conclusion of the hearing;
h) The Panel may apply sanctions as set out in Section 22 of the Canada Basketball Discipline Policy, and such sanctions shall take effect immediately.
23. The Panel may, in its sole discretion, adapt such procedures and timelines to accommodate any unique, urgent or unforeseen circumstances during a tournament or competition, at all times ensuring that the matter is heard and decided in a timely and fair manner.
24. Where the appeal does not relate to a decision arising during a tournament or competition but is nonetheless of an extraordinary and urgent nature, upon receiving notice of the appeal the President shall respect the principles set out in this policy but may, in his sole discretion, adapt procedures and timelines to ensure that the appeal is heard and decided in a fair and timely manner.