Subcommittee, commissaire panel and race jury chair and panel members

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Subcommittee, Commissaire Panel and Race Jury chair and panel members

Cycling Victoria

Disciplinary Hearings guide Disciplinary proceedings must be issued at the lowest appropriate level. If the relevant incident(s) occurred at a Club event, the matter should be raised at Club level. If the incident(s) occurred at a state or territory event, the matter should be raised at Cycling Victoria level.

Please note: at Club level, this guide summarises the model Club Rules. If your Club has adopted a separate set of rules, you must separately consult and comply with the disciplinary hearings procedure in your Club’s rules.

1. GROUNDS FOR DISCIPLINARY ACTION A. Club level A disciplinary hearing may be triggered where a Club member:

i. has breached, refused , failed or neglected to comply with the Club Rules, the Cycling Victoria By-Laws; technical regulations; policies or codes of conduct of the Club Cycling Victoria or Cycling Australia; ii. refuses to support the purposes of the Club; iii. has engaged in conduct prejudicial to the Club; iv. has acted in a manner unbecoming of a member or prejudicial to the objects and interests of the Club and/or cycling; or v. has brought the Club or cycling into disrepute.

B. Cycling Victoria level A disciplinary hearing may be triggered where a Cycling Victoria member:

i. has breached, refused , failed or neglected to comply with the Cycling Victoria Incorporated Association Rules, the Cycling Victoria By-Laws and technical regulations, or other policies or codes of conduct of Cycling Victoria; ii. refuses to support the purposes of Cycling Victoria; iii. has engaged in conduct prejudicial to Cycling Victoria; iv. has acted in a manner unbecoming of a Member or prejudicial to the objects and interests of Cycling Victoria and/or cycling; or v. has brought Cycling Victoria or cycling into disrepute.

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Subcommittee, Commissaire Panel and Race Jury chair and panel members

2. PROCEDURAL STEPS – GENERAL DISCIPLINARY MATTERS If the matter relates to a breach of Club and association rules in relation to:

i. discrimination; ii. harassment; iii. bullying; iv. inappropriate behaviour; v. misuse of social media; or vi. integrity and gambling; you will need to follow the procedural steps in the Club Rules, Cycling Victoria Incorporated Association Rules and Cycling Victoria By Laws, as summarised in this section of this guide.

If a breach of technical regulations is subject to a further appeal (see Section 3, Step 5) of this process will apply to that appeal (as set out in the CA Technical Regulations)

Step 1: Convening a tribunal panel If a Club Committee (at Club level) or Cycling Victoria (at Cycling Victoria level) is satisfied that there are sufficient grounds for taking disciplinary action against a member, one of the courses of action they may take is to convene a disciplinary subcommittee (Subcommittee) to hear the matter and determine what action, if any, to take against the member.

At Cycling Victoria level, the Subcommittee shall compromise:

i. a barrister or solicitor, appointed by the Board, who will be Chair of the Subcommittee; and ii. two other individuals, as approved by the Chair of the Subcommittee.

When selecting an individual to sit on the Cycling Victoria Subcommittee, the Chair may select an individual who is not a member of Cycling Victoria if they determine that the individual possesses the skills or expertise necessary or appropriate to hear and determine a specific matter.

Note: a Club Committee or the Board of Cycling Victoria may also decide to convene to hear a disciplinary matter. This guide is intended to provide guidance where a separate Subcommittee has been convened.

Step 2: notice to the member i. The Secretary of the Club Committee (at Club level) or Board (at Cycling Victoria level) must give written notice to the member the subject of the proceedings (Respondent) between 14 and 28 days before the disciplinary meeting. The notice must: a. state that the Club or Cycling Victoria, as appropriate, proposes to take disciplinary action against the Respondent; b. s tate the grounds for the proposed disciplinary action; c. specify the date, place and time of the meeting at which the Subcommittee intends to consider the disciplinary action; d. advise the Respondent that they may attend the disciplinary meeting, call witnesses and address the Subcommittee at that meeting and/or give a written statement to the Committee at any time before the disciplinary meeting; and e. set out the Respondent’s appeal rights.

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Step 3: disciplinary hearing i. The following people should be permitted to attend the hearing: a. panel members; b. the Respondent; c. if applicable, the member who raised the matter (Complainant); d. any witnesses called by the Respondent; e. any witnesses called by the Complainant; f. any parent/guardian or support person required to support the Respondent or the Complainant. ii. If the Respondent is not present at the hearing and the Chair determines that no valid reason has been provided for the absence, the hearing will continue (provided the Chair is satisfied that all notification requirements have been met). If the Chair considers that there is a valid reason for the non-attendance, or the Chair does not believe the notification requirements have been met, then the hearing will be rescheduled. iii. The Chair must: a. read out the complaint and ask the Respondent if they understand the complaint and if they agree or disagree with the complaint; b. provide the Respondent and any witnesses called by them with an opportunity to be heard; and/or c. consider any written statement submitted by the Respondent. iv. If the matter has been raised by a Complainant, the Subcommittee must also: a. provide the Complainant and any witnesses called by them with an opportunity to be heard; and/or b. consider any written statement submitted by the Complainant. c. The Respondent and Complainant may also be provided with an opportunity to question each other and their respective witnesses. v. The Subcommittee may evaluate any evidence that it considers to be relevant and act in an inquisitorial manner in order to establish the veracity of the complaint. vi. If the Subcommittee considers that, at any time during the hearing, there is any inappropriate behaviour from anyone present, the Chair may deny further involvement of that person in the hearing. vii. After all the evidence has been presented, the Subcommittee will deliberate in private. Subcommittee members must decide whether, on the balance of probabilities, the complaint has been substantiated. All Subcommittee decisions should be by majority vote. viii. The Chair will announce the decision in the presence of all those involved in the hearing. ix. Alternatively, the Chair may advise those present that the decision is reserved and will be handed down in written form at a later time.

Step 4: disciplinary measures i. After conducting the hearing, the relevant Subcommittee may: a. take no further action against the Respondent;

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b. reprimand the Respondent; c. fine the Respondent up to $500; d. require that the Respondent attend or undergo training and education; e. suspend the Respondent from competitions, activities or events of the Club or Cycling Victoria on terms and for a period determined by the Subcommittee or suspend the membership rights of the Respondent for a specified period; f. exclude the Respondent from a particular competition, activity or event; g. expel the Respondent from the Club or Cycling Victoria, as applicable; or h. require that the Respondent undertake voluntary or community service or issue a formal apology or other statement.

Step 5: appeal and appeal process i. A Respondent has the right to appeal where they have: a. had their membership rights suspended; b. been expelled from the Club or Cycling Victoria; c. been suspended from competitions, activities or events of the Club or Cycling Victoria for a period of greater than four weeks; or d. been fined an amount greater than $250.

The Respondent must give notice to the effect that they wish to appeal against the disciplinary measure determined by the Subcommittee. ii. If the Subcommittee has decided to expel or suspend the membership of the Respondent, then the Respondent will need to provide notice in writing to the Subcommittee after the vote to suspend or expel the person is taken. iii. If the Subcommittee has decided to take any other disciplinary measure, then the Respondent must provide written notice to the Secretary of Cycling Victoria not later than 14 days after the vote was taken at the hearing. iv. If notice is properly provided, then the Board of Cycling Victoria will need to convene a disciplinary appeal meeting as soon as practicable after the notice is received. v. The [#the Secretary of the Club Committee or Board or the Subcommittee] will need to provide notice to the Respondent specifying the date, time and place of the disciplinary appeal meeting and the grounds for the disciplinary measure being reviewed. vi. The Subcommittee must not deal with any other business other than the appeal being conducted at the disciplinary appeal meeting. The Subcommittee must state the grounds for the disciplinary measure and the reasons for taking that action and then provide the Respondent with an opportunity to be heard.

Step 6: further appeal An appeal against the decision of the Cycling Victoria Subcommittee may be lodged with the CEO of Cycling Australia by a Respondent in accordance with Attachment D5 of the Cycling Australia National Member Protection Policy and rule 20.15.04 of the Cycling Australia By Laws. The decision of the Cycling Australia appeal body shall be final.

Conduct by non-members The Subcommittee does not deal with matters involving non-members. Where a participant in a Club or Cycling Victoria event, who is not a member of the relevant Club or association (including a parent, coach, volunteer or spectator), is found to have engaged in conduct that would give rise

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to disciplinary action, then the Committee or Board may:

i. give the non-member an official warning; ii. eject the non-member from the event; and/or iii. suspend the non-member from competitions, activities or events of the Club or Cycling Victoria for a maximum of four weeks.

If the conduct continues after the Committee or Board takes the above actions, the Committee or Board may suspend the member with whom the offending non-Member is associated.

3. PROCEDURAL STEPS - BREACH OF TECHNICAL REGULATION The Commissaire Panel At Club or Cycling Victoria events, a Chief Commissaire and other commissaires (as required) will be appointed, comprise the Commissaire Panel and adjudicate on any potential breaches of the applicable technical regulations.

Each Commissaire must have passed the accreditation process set by the Australian Sports Commission National Officiating Scheme or the Union Cycliste Internationale.

Step 1: official reporting A commissaire will be alerted to infringing conductwhere:

i. an official has personally observed conduct that in the opinion of the official constitutes a breach of the technical regulations; or ii. a complaint has been made by a third party to an official alleging a breach of the technical regulations.

Step 2: notice to the member and the disciplinary hearing The Chief Commissaire will then inform the Respondent of the allegations and the alleged facts constituting the offence, provide the Respondent with an opportunity to respond to the allegation(s), and will deal with the conduct, via the Chief Commissaire.

Step 3: disciplinary measures The Chief Commissaire and Commissaire Panel may:

iii. dismiss the charge; or iv. find the charges proven, impose a penalty or take other disciplinary measure and advise the parties of the reasons for the finding and penalty; and advise the Respondent of their right to an appeal to the Race Jury.

Step 4: appeal and appeal hearing If a Respondent who has incurred a penalty wishes to appeal the Commissaire Panel’s decision, it must notify the Chief Commissaire. Upon receiving a written notice outlining the groups of appeal and $165 fee, the Commissaire Panel will convene a Race Jury, comprising other Commissaires or experienced officials and/or members present at the racing event, including one person to act as Chair of the Jury.

Step 5: further appeals If the Commissaire Panel or Race Jury has:

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i. imposed a penalty greater than $250; ii. suspended Respondent’s membership; iii. suspended the Respondent from competitions, activities or events of the Club or Cycling Victoria for a period of greater than four weeks; or iv. expelled the Respondent from their Club or Cycling Victoria, a Respondent may appeal in accordance with the procedure set out in rule 27 of the Cycling Victoria Incorporated Association Rules and summarised at 1.2(e).

Any other penalty does not give rise to further appeal rights; in these cases, the Race Jury determination will be final.

4. HOW TO SERVE AS A CHAIR A. Chairs of the Club and Cycling Victoria Subcommittees The Chair may come from the Club Committee or externally however should act in an independent fashion.The Chair of the Cycling Victoria Subcommittee must be a barrister or solicitor and must approve the appointment of the two other members of the Subcommittee.

B. Chief Commissaire and Race Jury A Chief Commissaire will be appointed for all events. The Chief will be responsible for setting a race jury with at least 3 individuals who are not on the Commissaire Panel.

5. REPORTING AND OTHER REQUIREMENTS A. Subcommittees If it convenes a disciplinary Subcommittee to a hear a matter, the Committee or Board, whichever applies, must provide the Subcommittee with a report regarding all relevant and material facts in relation to the conduct the subject of the disciplinary action.

Any member of a Subcommitee with a conflict of interest must excuse themselves for the purposes of considering a disciplinary matter.

The subcommittee is expected to provide a written report of their findings in the hearing.

Template records of formal and informal complaints can be found in Attachments E1 and E2 of the Cycling Australia National Member Protection Policy.

B. Commissaire Panels and Race Juries For all Cycling Victoria events a written infringement notice must be completed.

Race Juries are required to provide a written finding to the Chief Commissaire and individual making the appeal outlining the reason (s) for their decision.

For more information see the Cycling Victoria’s Disputes, Complaints and Disciplinary Issues, Making a Complaint and Complaints and Disciplinary Procedures – Defending a Complaint guides and the Club Rules, Cycling Victoria Technical Regulations, Cycling Victoria By-Laws and Cycling Victoria Incorporated Association Rules.

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