INTRODUCTION

As permitted by Section 119 of The Non-Profit Corporations Act, a corporation’s articles or bylaws may grant authority to its directors, members, or designated committees to discipline a member or revoke their membership. Where such authority is provided, the bylaws must clearly define the circumstances under which disciplinary action may be taken and the procedures to be followed.

In accordance with principles of natural justice, no member shall be subject to disciplinary action without being afforded a fair and impartial hearing. This policy outlines recommended bylaw provisions to guide the process, ensuring procedural fairness is maintained.

Committee Structure

To support a fair disciplinary process, two separate committees should be established:

1. Investigation Committee
   (a) Collecting relevant information regarding disputes;
   (b) Exploring and initiating resolutions without the need for a formal hearing, where appropriate;
   (c) Presenting a clear and unbiased summary of facts and evidence to the Hearing Committee if a hearing becomes necessary.
   


2. Hearing Committee
   The Hearing Committee is tasked with conducting fair hearings. Fundamental aspects of a fair hearing include:
(a) Adequate notice of the hearing to the affected party;
(b) Full disclosure of the allegations and evidence;
(c) The right of the member to review and respond to all materials presented to the committee;
(d) The opportunity for the member to submit their own evidence and arguments;
(e) If the hearing is oral, the right to question witnesses;
(f) A panel of impartial committee members who will consider all information in good faith.



Legal Consideration

Organisations are encouraged to seek independent legal advice when drafting or amending bylaws related to disciplinary actions, to ensure they align with statutory obligations and the principles of procedural fairness.




Table of Contents

1. Dispute Resolution Bodies (Investigation Committee and Hearing Committee)
2. Misconduct
3. Referral and Review of Complaints and Incidents
4. Investigation
5. Interim Suspension of Member
6. Acting Upon the Investigator’s Report
7. Hearings
8. Hearing Procedure
9. Disciplinary Powers
10. Referral to Authorities
11. Timelines for Completion
12. Appeal to the Board
13. Effect of Expulsion or Suspension
14. Reinstatement
15. Conflict of Interest or Bias




1. DISPUTE RESOLUTION BODIES

Two independent bodies will be appointed to resolve disputes, including but not limited to allegations of misconduct, harassment, team selection issues, or employment-related matters.

1.1 INVESTIGATION COMMITTEE

• The Investigation Committee shall consist of a Chairperson appointed by the Board and such other individuals as the Chairperson may select from time to time to act as Investigators for specific complaints.
• The Board shall have sole authority to appoint the Chairperson of the Investigation Committee.
• Members of the Hearing Committee and the Board are ineligible to serve on the Investigation Committee.



1.2 HEARING COMMITTEE

• Upon receipt of a report recommending a hearing, the designated authority (referred to here as "the Chair" or "Name of the chair") shall appoint a Hearing Committee of one or three persons.
• Individuals who have served on the Investigation Committee or the Board may not serve on the Hearing Committee.
• Where appropriate, the Chair may allow each party to nominate a person to serve on the Hearing Committee.





2. MISCONDUCT

Misconduct includes, but is not limited to:

• Conduct that is detrimental to the interests or reputation of Azora or its members (including players, coaches, officials, or spectators).
• Breach of Azora's bylaws.
• Violation of any code of conduct or ethics adopted by Azora.
• Failure to comply with directives or orders issued under this policy by the Chair, Board, or Hearing Committee.





3. REFERRAL AND REVIEW OF COMPLAINTS AND INCIDENTS

1. Complaints must be submitted to the Chair within the timelines set by the Board.
2. The Chair may grant extensions for submitting complaints beyond the prescribed time limit.
3. The Chair shall forward to the Chairperson of the Investigation Committee:
• Any complaints alleging misconduct by a participant, parent, coach, official, or spectator.
• Any matter referred by the Board involving potential misconduct.
• Disputes concerning team selection.
• Any other relevant dispute.
4. Failure to comply with directives or orders issued under this policy by the Chair, Board, or Hearing Committee.
5. The Chairperson may dismiss any complaint deemed invalid, non-meritorious, or vexatious and notify the complainant accordingly.
6. If not dismissed, the Chairperson shall appoint one or more Investigators to examine the matter.
7. The Chairperson may appoint themselves as an Investigator.



4. INVESTIGATION

Investigators shall

1. Review the complaint in full.
2. Conduct inquiries to ascertain the facts, which may include:
• Providing a copy or summary of the complaint to the accused and witnesses, requesting written responses;
• Conducting interviews with the parties involved;
• Gathering any additional relevant information.
3. Expand the investigation to cover related incidents of potential misconduct if necessary.
4. Attempt informal resolution of the dispute where feasible.
5. Facilitate mediation with the consent of the parties.
6. Upon conclusion, submit a written report to the Chair recommending:
• That a Hearing Committee be convened; or
• That no further action be taken due to resolution or lack of merit.
7. The written report may address any issue uncovered during the investigation.
8. A majority-signed report constitutes an official decision of the Investigation Committee.



5. INTERIM SUSPENSION OF MEMBER

In cases involving allegations of serious misconduct, or where there exists a risk of physical or emotional harm to any individual, the Investigator may submit written reasons to the chair recommending that, pending the outcome of an investigation, a player, team, coach, official, parent/guardian, or spectator under investigation:

1. Be suspended from participation in organisational activities; or
2. Be permitted to continue participation, subject to specific conditions or restrictions.

Upon receiving the Investigator’s written recommendation, the chair shall:

1. If satisfied that continued participation is inappropriate in the circumstances, order the suspension of involvement in organisational activities or impose other, less restrictive conditions pending the final determination of the Hearing Committee; or
2. If satisfied that continued participation is appropriate in the circumstances, decline the recommendation of the Investigator.

An interim order of suspension or the imposition of conditions on a member, pending the final determination of the Hearing Committee, shall:

1. Automatically terminate 30 days after the date of its issuance, unless renewed or revised by the chair upon receipt of a further written recommendation from the Investigator; and
2. Be superseded upon issuance of the Hearing Committee’s decision or recommendations.



6. ACTING UPON THE INVESTIGATOR’S REPORT

1. If no further action is recommended, the Chair shall share the findings with both the complainant and the subject of the complaint.
2. If a hearing is recommended, the Chair shall appoint a Hearing Committee.
3. The Chair shall report any decision not to appoint a Hearing Committee to the Board at its next meeting.




7. HEARINGS

1. The Hearing Committee shall conduct an impartial and fair hearing based on the Investigation Committee’s report.
2. The Chair shall notify all relevant parties of the time, place, and nature of the hearing.



8. HEARING PROCEDURE

8.1 Written Hearings (Minor Matters)
In disputes that the Hearing Committee considers to be minor, the hearing may be conducted in writing. In such cases, the parties shall:
a. Be informed that a Hearing Committee has been established;
b. Be informed of the charge or dispute to be heard;
c. Be provided with a copy of the Dispute Resolution Policy;
d. Be invited, within a time specified by the Committee, to make written submissions of any information or arguments relevant to the Committee’s deliberations; and
e. Be informed of the findings of the Hearing Committee.



8.2 ORAL HEARINGS (SUBSTANTIVE MATTERS)


If the Hearing Committee does not consider the dispute to be minor, the parties shall have the right to be heard in person. In such cases:
1. At least three (3) days before the hearing, the parties shall: a. Be informed that a Hearing Committee has been established; b. Be informed of the charge or dispute to be heard; and c. Be provided with a copy of the Dispute Resolution Policy.
2. The Hearing Committee shall hear the charge or dispute and determine whether the accused is guilty of misconduct or otherwise rule on the issues in dispute.
3. Parties may be represented by legal counsel at their own expense.
4. There shall be full rights: a. To examine, cross-examine, and re-examine all witnesses; and b. To present evidence in defence and reply.
5. If a party fails to attend the hearing, the Hearing Committee may proceed in that party’s absence.
6. If, during the hearing, the evidence suggests that the accused may be guilty of misconduct different from, or in addition to, the misconduct originally specified, the Committee shall adjourn the hearing for any period it considers sufficient to allow the accused an opportunity to prepare a defence to the amended charge—unless the accused consents to continue.
7. The Hearing Committee may accept any evidence it considers appropriate and is not bound by legal rules of evidence.
8. The Hearing Committee may accept a record of a criminal conviction or the written reasons for a disciplinary decision by another organisation as evidence of the conduct underlying that conviction or decision.
9. On its own initiative, or at the request of any party, the Hearing Committee may restrict public access to the hearing. The Committee shall exclude the public if it is of the opinion that an open hearing would unduly violate the privacy of any individual.
10. The deliberations of the Hearing Committee shall be conducted in private. No person who is not a member of the Committee shall be present during such deliberations.
8.3 The Hearing Committee shall provide written reasons for its decisions and for any discipline imposed. Copies shall be provided to the parties and to the Board.



9. DISCIPLINARY POWERS

9.1 Where the Hearing Committee determines that a person has engaged in misconduct, it may issue one or more of the following written orders: That the individual(s) be expelled from the organisation;
1. That the individual(s) be suspended from participation in the organisation for a specified period of time;
2. That the individual(s) be suspended until such time as specified conditions are met and completed to the satisfaction of the organisation;
3. That the individual(s) may continue to participate only under specified terms or restrictions;
4. A formal reprimand was issued to the individual(s);
5. Any other disciplinary order the Hearing Committee deems fair and appropriate in the circumstances.

9.2 In determining the appropriate disciplinary action, the Hearing Committee shall consider:
1. The age, experience, and maturity of the individual(s) involved;
2. The nature, seriousness, and circumstances of the misconduct;
3. Any other information deemed reliable and relevant by the Committee in determining a fair outcome, including but not limited to:
a. Any prior misconduct by the respondent, whether or not it was subject to formal discipline;
b. The general character and reputation of the respondent.



10. REFERRAL TO AUTHORITIES

If, in the opinion of the Chair, the Investigation Committee Chair, or the Hearing Committee Chair, the conduct in question may constitute a criminal offense, the matter may be referred to the appropriate legal or regulatory authorities.

11. TIMELINES FOR COMPLETION

1. All proceedings, including investigations and hearings, should be concluded expeditiously and without undue delay.
2. The Board may establish timelines for submitting complaints and completing stages of the process.
3. Failure to adhere to these timelines may be a consideration in an appeal.



12. APPEAL TO THE BOARD

12.1 A person may appeal a decision or any order of the Investigation Committee or the Hearing Committee to the organisation’s Board by serving a written notice of appeal within __ days of receiving the decision or order, in any of the following circumstances:
1. The person has been found guilty of misconduct by the Hearing Committee;
2. The person is subject to a disciplinary order;
3. The person who initiated the complaint has been advised that no further action will be taken.

12.2 The written notice of appeal must set out the specific grounds upon which the appeal is based.

12.3 The chair shall not participate in the hearing or determination of any appeal.

12.4 No Board member shall participate in the appeal hearing if:
1. The Board member has a conflict of interest or is biased; or
2. There exists any reasonable basis upon which it may appear that the Board member may have a conflict of interest or may be biased.

12.5 Participation by a Board member in any step of the investigation process prior to the hearing of the appeal shall be deemed to give rise to an appearance of bias.

12.6 Participation by a Board member in any step of the investigation or hearing process prior to the hearing of the appeal shall be deemed to give rise to an appearance of bias.

12.7 If all board members are unable to participate in the appeal due to conflict or appearance of bias, the Board shall appoint a committee of no more than three individuals to hear the appeal.

12.8 Upon hearing the appeal, the Board or the appointed appeal committee may:
1. Dismiss the appeal;
2. Quash the finding of guilt;
3. Direct further inquiries by the Investigation Committee or appoint a new Investigation Committee to re-investigate the matter;
4. Direct a new hearing or further inquiries by the Hearing Committee, or appoint a new Hearing Committee to rehear the matter;
5. Vary the order issued by the Hearing Committee.



13. EFFECT OF EXPULSION OR SUSPENSION


Any individual(s) who is expelled or suspended shall be barred from participating in or attending any activities, events, or functions of the organisation.



14. REINSTATEMENT


14.1 An individual who has been expelled may submit a written application to the Board requesting reinstatement.

14.2 Subject to Azora's bylaws, upon receipt of an application for reinstatement, the Board shall review the application. If, in the Board’s opinion, the application discloses information that may reasonably justify reinstatement, the Board may initiate an investigation into the matter and may take any steps it deems necessary in the circumstances.

14.3 Following completion of its review, the Board may:
1. If satisfied that the individual’s subsequent conduct and any other relevant circumstances support reinstatement, order that the individual be reinstated, subject to any terms and conditions the Board considers appropriate; or
2. Deny the application for reinstatement.



15. CONFLICT OF INTEREST OR BIAS


1. Any individual serving on the Investigation or Hearing Committees, other than those nominated by parties, must recuse themselves if a conflict of interest or bias exists or appears to exist.
2. The Chair shall appoint a suitable replacement in such cases.
3. Any Board member similarly affected must refrain from participating in decisions related to the case.