Sanctions

In the event that there is a discrepancy between the information presented on this page, and that which is found in the published PDF version of the policy / guidelines, the process outlined in the published PDF documents will take precedence.

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Decision

1. After hearing the matter, the Mediator/Arbitrator will determine whether an infraction has occurred and, if so, the sanctions to be imposed.

2. The Mediator/Arbitrator shall render a written decision, with reasons, within three (3) to five (5) working days of the conclusion of the hearing.

3. In extraordinary circumstances, the Mediator/Arbitrator may first issue a verbal or summary decision soon after the conclusion of the hearing, with the full written decision to be issued before the end of the fourteen (14) day period.

4. The Mediator/Arbitrator may uphold or dismiss the complaint.

a) If the complaint is upheld, the Mediator/Arbitrator may impose any sanction deemed appropriate including, but not limited to, those referred to in the UCCMS, or other such measures that the Mediator/Arbitrator, at their sole discretion, deems appropriate in the circumstances.

b) If the Mediator/Arbitrator considers that an infraction has not occurred, the complaint will be dismissed.

5. The decision of the Mediator/Arbitrator is final and binding and is subject to appeal only on the terms of the Appeal section, set out below.

6. The Mediator/Arbitrator’s decision will come into effect as of the date on which it is rendered, unless decided otherwise by the Mediator/Arbitrator. The Mediator/Arbitrator’s decision will apply automatically to the Respondent.

7. The PSOs/MSOs whom the Participant belongs will be notified by email of decisions/sanctions imposed under the policy.

8. When the Mediator/Arbitrator imposes a sanction under Major, the decision shall include, at a minimum, the following details:

a) jurisdiction;

b) summary of the facts and relevant evidence;

c) where applicable, the specific provision(s) of the UCCMS or applicable conduct standard, rules or regulations that have been breached;

d) which Party or Organization is responsible for the costs of implementing any sanction;

e) which Organization is responsible for monitoring whether the sanctioned individual respects the terms of the sanction;

f) any reinstatement conditions that the Respondent must satisfy, if any;

g) which Organization is responsible for ensuring that the conditions have been satisfied; and

h) any other guidance that will assist the Parties to implement the Mediator/Arbitrator’s decision.

9. If necessary, a Party or the organization that is responsible for implementing or monitoring a sanction may seek clarification from the Mediator/Arbitrator regarding the order so that it can be implemented or monitored appropriately.

MAJOR SANCTIONS

1. Prior to determining sanctions, the Mediator/Arbitrator will evaluate the sanctioning considerations as set out at Section 7.4 of the UCCMS.

2. Any single factor, if severe enough, may be sufficient to justify the sanction(s) imposed. A combination of several factors may justify elevated or combined sanctions.

3. The Mediator/Arbitrator may apply the disciplinary sanctions, singularly or in combination, as set out at Section 7.2 of the UCCMS, they deem appropriate.

4. The sanctions identified in the UCCMS are representative penalties only. They may be modified to fit the circumstances of the infraction.

5. Unless the Mediator/Arbitrator decides otherwise, any disciplinary sanctions (such as a period of ineligibility) will begin immediately and timelines will be provided for fulfillment of other sanctions, such as a written apology.

6. Failure to comply with a sanction as determined by the Mediator/Arbitrator will result in an automatic suspension until such time as compliance occurs.

7. A Participant’s criminal conviction, at any time, for Criminal Code offenses considered to be Maltreatment or Prohibited Behaviour under the UCCMS, shall be automatically sanctioned, as identified under Section 6.2 of the UCCMS.

8. Findings of Maltreatment or Prohibited Behaviour as identified under Section 7.3 of the UCCMS carry presumptive sanctions which may be rebutted by a Respondent.

MINOR SANCTIONS

1. The following are examples of disciplinary sanctions of a Minor complaint which may be applied singularly or in combination:

a) verbal reprimand;

b) written reprimand to be placed in the Respondent’s file with the PSO/MSO;

c) direction to provide a verbal apology;

d) team service or other voluntary contribution to the PSO/MSO or/and its Member Organization(s); and

e) any other appropriate sanctions as determined by Mediator/Arbitrator.

OTHER CONSIDERATIONS

1. The complaint process is confidential and involves only the Parties, Case Manager, the Mediator/Arbitrator, and any independent advisors engaged by the Case Manager or Mediator/Arbitrator. Once initiated and until a decision is released, none of the Parties (or their representatives or witnesses) will disclose confidential information relating to the appeal to any person not involved in the proceedings, unless a Party is required to notify an organization such as an international or national federation, Sport Canada or other sport organization (i.e., where a Provisional Suspension or interim measures have been imposed and communication is required to ensure that they may be enforced), or notification is otherwise required by law.

2. The Case Manager and PSO/MSO may be required to share relevant information with child protection authorities and law enforcement.

3. PSO/MSOs will keep and retain all relevant records in accordance with the applicable legislation. Such records will be stored in a confidential file maintained and accessed only by those that are authorized to have access to the confidential information.

PROCEDURAL VIOLATIONS

1. Participants are prohibited from:

a) intentionally making false reports, as set out in Section 5.12 of the UCCMS;

b) interfering or manipulating a process under the NBSSCM or this policy, as set out in Section 5.12 of the UCCMS; and

c) retaliating against anyone who makes a good faith complaint or appeal under the NBSSCM or this policy, as set out in Section 5.14 of the UCCMS.

2. If it is determined that a Participant committed any of the above violations, they will be subject to disciplinary action, up to and including permanent ineligibility.

Revised January 2024