Discipline and Complaints Policy

(Adapted from Canada Basketball and Basketball New Brunswick)

Purpose: FYBA Fusion is committed to providing an environment in which all Members and participants are treated with respect and characterized by the values of fairness, integrity and open communication. Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with Basketball New Brunswick’s policies, Bylaws, rules and regulations, and the Code of Conduct and Ethics. Non-compliance may result in sanctions pursuant to this Policy.

Application of this Policy

• This Policy applies to all Individuals.
• This Policy applies to matters that may arise during FYBA Fusion business, activities, programs and events including, but not limited to, games, practices, tryouts, training camps, associated with FYBA Fusion activities, and any meetings.
• This Policy also applies to Individuals’ conduct outside of FYBA Fusion business, activities, and events when such conduct adversely affects relationships within FYBA Fusion (and its work and sport environment), is detrimental to the image and reputation of FYBA Fusion, or upon the acceptance of FYBA Fusion. Applicability will be determined by Basketball New Brunswick at its sole discretion.
• This Policy does not prevent immediate discipline or sanctions from being applied as required within the context of the Event Discipline Policy. Further discipline may then be applied according to this Policy.
• An employee of FYBA Fusion who is a Respondent will be subject to appropriate disciplinary. Violations may result in a warning, reprimand, restrictions, suspension, or other disciplinary actions up to and including termination of employment.

Adult Representative

• Complaints may be brought for or against an Individual who is a minor. Minors must have a parent/guardian or other adult serve as their representative during this process.
• Communication from the Board must be directed to the minor’s representative.

Reporting a Complaint

• Any Individual may report a complaint to FYBA Fusion of another individual’s violation of the Code of Conduct and Ethics or Abuse Policy. A complaint must be in writing and must be filed within fourteen (14) days of the alleged incident or within fourteen (14) days of the end of the sport/league/competitive season, at the discretion of the individual filing the complaint.
• A Complainant wishing to file a complaint outside of the fourteen (14) day period must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the complaint outside of the fourteen (14) day period will be at the sole discretion of FYBA Fusion. This decision may not be appealed.
• Any Individual may contact the Canadian Sports Helpline for advice, guidance and resources on how to proceed/intervene appropriately in the circumstances. http://abuse-free-sport.ca/en/

Receipt of a Complaint

Upon receipt of a complaint FYBA Fusion will appoint a Case Manager who will:

1. Receive and acknowledge receipt of the complaint to the Complainant.
2. Determine if an investigation is required; and/or
3. Proceed to the Disciplinary Process as outlined below.

• The Case Manager has an overall responsibility to ensure procedural fairness is respected at all times in this Policy, and to implement this Policy in a timely manner.
• The Case Manager may propose using the Dispute Resolution Policy with the objective of resolving the dispute instead of continuing the Disciplinary Process. If the dispute is not resolved using that process, the Case Manager may dismiss the complaint, or proceed to the Disciplinary Process.
• If the Case Manager determines the complaint is frivolous or outside the jurisdiction of this Policy, the complaint will be dismissed immediately. This decision may not be appealed.
• In cases where a complaint arises from an event sanctioned by FYBA Fusion, and is accompanied by a referee or zone manager’s report, or a report from the on-site convenor, the Case Manager may bypass the Disciplinary Process and instead apply Sportsmanship Sanctions for minor offenses. Automatic Sanctions are suitable to be applied in cases where players, coaches, parents or fans exhibit exceptionally poor sportsmanship, are verbally abuse towards officials, minor officials, opposing players or coaches, or refuse to comply with a reasonable request from the on-site convenor. Respondents will have the opportunity to provide written rebuttal and argument to the substance of the complaint before a decision is made.

Sportsmanship Sanctions

• The following Automatic Sanctions may apply, singularly or in combination:

1. Verbal or written reprimand
2. Required verbal or written apology
3. Temporary Suspension from certain teams, events, and/or activities lasting no more than 14 days
4. Suspension from FYBA Fusion activities until a mandated Respect in Sport course is completed at the Respondent’s expense

Third Party Investigation

In cases alleging physical or sexual abuse, harassment or discrimination, the Case Manager may determine that the alleged incident may require a third party investigation. In such circumstances the Case Manager may appoint an independent and qualified third party to investigate the complaint.

Disciplinary Process

If the Case Manager has determined that the complaint is admissible and is within the jurisdiction of this Policy, the Case Manager will notify FYBA Fusion’s Executives, who will appoint the Discipline Panel.

The Case Manager will oversee the management and administration of the disciplinary process and has the responsibility to:

1. Gather all the details of the complaints and provide them to the Discipline Panel
2. Coordinate all administrative aspects and set timelines
3. Provide administrative assistance and logistical support to the Discipline Panel as required
4. Provide any other service or support that may be necessary to ensure a fair and timely proceeding.

Having regard to the nature of the discipline matter and potential consequences of any resulting sanctions, the Discipline Panel, will decide the format under which the complaint will be heard. This decision may not be appealed. The format of the hearing may be an:

1. oral in-person hearing
2. an oral hearing by telephone or other communication medium
3. a hearing based on a review of documentary evidence submitted in advance of the hearing, or
4. a combination of these methods.

Decision

After hearing and/or reviewing the matter, the Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the hearing’s conclusion, the Discipline Panel's written decision, with reasons, will be distributed by the Case Manager to all Parties. In extraordinary circumstances, the Discipline Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued by the Case Manager before the end of the fourteen (14) day period. The decision will be considered a matter of public record unless decided otherwise by the Discipline Panel.

Sanctions

The Discipline Panel may apply the following disciplinary sanctions, singularly or in combination:

1. Verbal or written reprimand
2. Verbal or written apology
3. Removal of certain privileges
4. Suspension from certain teams, events, and/or activities
5. Suspension from all FYBA Fusion activities for a designated period
6. Payment of the cost of repairs for property damage
7. Suspension of funding from FYBA Fusion or from other sources
8. Expulsion from FYBA Fusion
9. Any other sanction considered appropriate for the offense

Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding an appeal. Failure to comply with a sanction as determined by the Discipline Panel will result in an automatic suspension until such time as compliance occurs.

In applying sanctions, the Panel may have regard to the following aggravating or mitigating circumstances:

1. The nature and severity of the incident
2. Whether the incident is a first offense or has occurred repeatedly
3. The individual’s acknowledgement of responsibility
4. The individual’s remorse and post-infraction conduct
5. The age, maturity or experience of the individual
6. Whether the individual retaliated
7. The individual’s prospects for rehabilitation.

Records of all decisions and sanctions, if any, will be maintained by FYBA Fusion.

Request for Reconsideration

• The Complainant or the Respondent may contest the sanction by submitting a Request for Reconsideration within five (5) days of receiving the decision of the Discipline Panel. In the Request for Reconsideration, the Complainant or Respondent must indicate:

1. Why the sanction is inappropriate;
2. All evidence to support the party’s position; and
3. What penalty or sanction (if any) would be appropriate

The sanction may not be appealed until the completion of a Request for Reconsideration.

Upon receiving a Request for Reconsideration, the Discipline Panel may decide to accept or reject the Respondent’s suggestion for an appropriate sanction in accordance with Canada Basketball’s Appeal Policy.

Suspension Pending a Hearing

FYBA Fusion may determine that an alleged incident is of such seriousness as to warrant suspension of an Individual pending completion of an investigation, criminal process, the hearing, or a decision of the Discipline Panel.

Criminal Convictions

An Individual’s conviction for a Criminal Code offense, as determined by FYBA Fusion, will be deemed an infraction under this Policy and will result in expulsion from FYBA Fusion. Criminal Code offences may include, but are not limited to:

1. Any child pornography offences
2. Any sexual offences
3. Any offence of physical violence
4. Any offence of assault
5. Any offence involving trafficking of illegal drugs
6. Any offence involving illegal trafficking of legal substances or drugs

Confidentiality

The discipline and complaints process is confidential and involves only the Parties, the Discipline Panel, and any independent advisors to the Discipline Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings.

Members of the Panel will have had no involvement with the alleged infraction and will be free from any other bias or conflict of interest.

Records and Distribution of Decisions

Other individuals or organizations, including but not limited to, national sport organizations, provincial sport organizations, sport clubs, federal or provincial governments, applicable registries, etc., may be advised of any decisions rendered in accordance with this Policy.