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Individual members defending a complaint
Cycling Victoria
Individual members defending a complaint 1. COMPLAINTS AND DISCIPLINARY PROCEDURES – DEFENDING A COMPLAINT GUIDE i. Cycling Victoria and its Member Clubs foster and uphold the highest standard of conduct for the sport and require that all members treat each other fairly and respectfully and strive to promote integrity and professionalism. ii. At minimum, every member must know and comply with the rules and regulations regarding proper conduct in their participation in the sport. For a summary of appropriate conduct, see Cycling Victoria’s Proper Conduct guide. iii. Allegations of any breach of rules and policies are taken seriously. Your Club and Cycling Victoria are committed to resolving disputes and complaints in a timely manner and according to procedures that afford fairness and natural justice to the individuals involved. iv. All rules and policies are applied consistently and any disciplinary measures will be based on the evidence and information presented and the seriousness of the breach. v. There are informal and formal procedures for resolving disputes and complaints. Members may also complain to external organisations under anti-discrimination and other relevant laws.
If a dispute or complaint involves two members of the same Club or relates to an incident at a local event: ff the dispute or complaint should be handled at Club level. If a dispute or complaint involves two members from different Clubs or relates to an incident at a state event: ff the dispute or complaint should be handled at Cycling Victoria level. If the dispute or complaint involves members from different states and territories or relates to a national event: ff the dispute should be handled at Cycling Australia level.
2. INFORMAL APPROACHES A. Resolution between the parties i. If the matter is a dispute between you and another member, members are required to initially attempt to resolve any disputes between themselves, if appropriate.
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B. Mediation i. Your Club, Cycling Victoria or Cycling Australia may decide to arrange for the assistance of a mediator or the member making the complaint against you (Complainant) may request mediation. ii. A mediator must be impartial and without any personal interest in the dispute and chosen by agreement of the parties. Mediation is confidential and without prejudice to your rights or those of the Complainant. Mediation will provide each party with an opportunity to be heard, allow due consideration of any written statements submitted by the parties, ensure natural justice is accorded to all parties and allow you to arrive at mutually agreed outcomes. iii. Mediators will not determine a dispute but will assist you and the Complainant to reach an agreement on how to resolve the problem. At the end of mediation, you and the Complainant will sign a document setting out the agreement reached by the parties. iv. If you are unable to resolve the dispute with the assistance of a mediator, you may then seek to refer the matter externally (if applicable, in accordance with the Associations Incorporation Reform Act 2012 or otherwise at law). For further information, see rules 27-31 of your Club Rules, rules 30-34 of the Cycling Victoria Incorporation Association Rules and clause 7 and Part D of the Cycling Australia National Member Protection Policy.
3. FORMAL APPROACHES – DEFENDING A COMPLAINT Please note: for complaints and disputes 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 your Club’s rules.
A. Does the matter relate to discrimination, harassment, bullying, inappropriate behaviour and misuse of social media? i. If, on receipt of a formal complaint, the relevant complaints officers decides to: a. refer the complaint to mediation (see Section 2B for more information); b. issue an immediate warning or fine or suspend your membership; c. appoint a person to investigate the complaint; or d. refer the matter to the Committee or a subcommittee (Club level), Board or disciplinary subcommittee (Cycling Victoria level) or tribunal (Cycling Australia level) for hearing; you will receive a notification of these procedures in writing.
ii. Club and Cycling Victoria level a. Immediate warning, suspension or fine If your Club or the Board of Cycling Victoria is satisfied that there is sufficient grounds for disci-
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Cycling Victoria
plinary action against you, it may immediately give you an official warning; suspend you from competitions, activities or events (for a maximum of four weeks); terminate your membership or fine you up to $250.
b. Investigation Your Club Committee or Cycling Victoria may have elected to appoint an investigator to conduct an investigation. Investigation will assist with determining the facts of the matter and will lead to possible recommendations and findings. Your Club or Cycling Victoria will provide a written brief to an investigator. The investigator will interview the Complainant and interview and relay the contents of the complaint to you so that you may respond. The investigator will also seek statements from witnesses in order to make a finding over any disputed facts and, finally, make a finding on the nature of the complaint (i.e. whether it is substantiated, inconclusive, unsubstantiated or vexatious). Throughout the process, you and the Complainant will be entitled to support persons. The investigator will provide a report to the relevant complaints officer (who will then determine what further action, if any, to take). You and the Complainant will also receive a summary of the report.
c. Hearing Either: • at Club level, the Committee may itself convene or appoint a disciplinary subcommittee (Subcommittee) to hear the matter and determine what action, if any, to take.; or • at Cycling Victoria level, the Board may itself convene or appoint a disciplinary subcommittee (Subcommittee), comprising a barrister or solicitor as Chair and two other individuals approved by the Chair to hear the matter and determine what action, if any, to take., Hearing Procedure Between 14 and 28 days before the hearing, the Committee, Board or the Subcommittee will provide you with written notice that will set out details including: • your Club or Cycling Victoria proposes to take disciplinary action; • the grounds for the disciplinary action; • the date, place and time of the meeting at which the Subcommittee will consider disciplinary action; • that you may attend the meeting, call witnesses and address the Subcommittee or give a written statement to the Subcommittee; and • advising you of your appeal rights under rule 24 of the Club Rules and rule 27 of the Cycling Victoria Incorporated Association Rules. The notice may also outline possible penalties if the complaint is found to be true. At the meeting, you and any witnesses you have called will be given an opportunity to be heard. The Committee, Board or Subcommittee will also consider any written statement submitted by you.
d. Appeal To appeal against a decision of the Board or Subcommittee, you must give notice in writing to CV(within 14 days of voting). An appeal against a decision by the Committee, Board or Subcommittee, including an appeal against disciplinary action such as suspension of membership or expulsion from the Club or Cycling Victoria, will be brought to an appeal body of Cycling Victoria (for Club matters) or Cycling Australia (for Cycling Victoria matters), whose decision on appeal shall be final. The conduct of the disciplinary appeal meeting is set out at rules 27-28 of the Cycling Victoria Incorporated Association Rules. For further information, see rules 20-31 of the Club Rules and rules 22-34 of the Cycling Victoria Incorporated Association Rules.
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e. Disciplinary outcomes Possible disciplinary outcomes include: • a reprimand; • an order for you to undertake community service or education and training; • an order for you to provide a formal apology; • a fine of up to $500; • suspension of your membership or right to take part in competitions, activities or events for a set period; or • termination of your membership. A full list of disciplinary measures is set out at rule 23 of the Club Rules and rule 26 of the Cycling Victoria Incorporated Association Rules.
iii. Cycling Australia level a. Immediate warning, suspension or fine If Cycling Australia determines that there are sufficient grounds for disciplinary action against you, it may immediately give you an official warning; suspend you from competitions, activities or events; terminate your membership or fine you. Cycling Australia may also impose other disciplinary action, including requiring that a member make an apology, attend counselling or transfer to another role or activity.
b. Investigation An investigation should assist with determining the facts of the matter and will lead to possible recommendations and findings. The investigator will interview the Complainant and interview and relay the contents of the complaint to you so that you may respond. The investigator will also seek statements from witnesses in order to make a finding over any disputed facts and, finally, make a finding on the nature of the complaint (i.e. whether it is substantiated, inconclusive, unsubstantiated, or vexatious). Throughout the process, you and the Complainant will be entitled to support persons. The investigator will provide a report to the relevant complaints officer (who will then determine what further action, if any, to take). You and the Complainant will also receive a summary of the report.
c. Hearing The Cycling Australia complaints officer (Complaints Officer) have discretion to determine whether a matter is suited to referral to a Cycling Australia tribunal. Any decision regarding possible disciplinary action will be referred to a tribunal for determination. The Complaints Officer will provide you with written notice before the hearing that will set out details including: • that you have a right to appear at the tribunal hearing to defend yourself; • details of the allegation; • the date, time and location of the tribunal hearing; • that you can make verbal and/or written submissions at the hearing; • that you may arrange or witnesses to attend the hearing; and • an outline of possible penalties. You will not be entitled to take legal representation with you to the hearing. At the hearing, you and any witness you have called will be given an opportunity to be heard. A tribunal will provide all parties with a fair and impartial hearing and will ultimately decide whether a complaint has been substantiated and announce their decision at the hearing to all those involved.
d. Appeal
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If you are not satisfied with the tribunal’s decision, you may lodge an appeal by providing a letter setting out the basis for the appeal to the CEO of Cycling Australia (within 14 days of the decision). If the appeal is accepted, a new panel will be convened and the decision of this appeal tribunal will be final. The tribunal procedure, including appeals procedure, is set out in full detail at Attachment D5 of the Cycling Australia National Member Protection Policy and rules 2.10 and 2.15 of the Cycling Australia By-Laws.
e. Disciplinary outcomes Possible disciplinary outcomes include: • an order for you to provide a formal apology; • a written warning; • an order for you to seek counselling; • a fine; • suspension of your membership or right to take part in competitions, activities or events for a set period; or • termination of your membership. The full list of possible disciplinary measures is set out at clause 9 of the Cycling Australia National Member Protection Policy and rule 2.10 of the Cycling Australia By-Laws and clause 7 of the Cycling Australia Constitution (and any policies and codes of the Association from time to time). It is a breach of the Cycling Australia National Member Protection Policy not to comply with a penalty imposed by the organisation or to fail to comply with a direction given during the disciplinary process.
iv. External referral If you are unable to resolve the dispute with the assistance of your Club, Cycling Victoria or Cycling Australia, you may then seek to refer the matter externally (in accordance with the Associations Incorporation Reform Act 2012 or otherwise at law). Alternatively, the relevant complaints officer may at any time determine that a matter needs to be referred to: a. the police; b. the relevant regulator or anti-discrimination commission; or c. any other relevant authority. Each authority will then deal with the matter according to its own processes and your Club, Cycling Victoria and/or Cycling Australia will assist in any investigations. For further information, see Cycling Victoria’s Making a Complaint and Proper Conduct guides and the Cycling Victoria Code of Conduct, Cycling Australia National Member Protection Policy and Cycling Australia Social Media Policy.
B. Does the matter involve doping, gambling policies or breach of technical regulations? i. Doping Cycling Australia has referred its anti-doping functions to the Australian Sports AntiDoping Authority (ASADA), who will handle any anti-doping rule violations. For further information on how infractions are handled see rules 15-20 of the Cycling Australia Ant-Doping Policy. For further information on anti-doping see also the World Anti-
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Doping Code.
ii. Integrity and gambling a. All Levels (Club, Cycling Victoria Cycling Australia) All complaints concerning betting, gambling, financial speculation and fixing associated with the sport are referred to a Cycling Australia disciplinary tribunal (or externally to the relevant authority or regulator, if required). A disciplinary tribunal will be convened and deal with any allegations in accordance with clauses 6-7 of the Cycling Australia National Policy on Integrity and Gambling and rules 2.102.13 of the Cycling Australia By-Laws. The process for appealing the decision of a tribunal is set out in clause 7.3 of the Cycling Australia National Policy on Integrity and Gambling and rule 2.15 of the Cycling Australia By-Laws.
iii. Technical regulations a. All levels (Club, Cycling Victoria, Cycling Australia) Any alleged breach of technical regulations by you in competition will be dealt with by the Commissaire Chief Commissaire and members of the Commissaire Panel. Any alleged breach of technical regulations in competition will be dealt with by the Chief Commissaire, The Chief Commissaire may issue a penalty or terminate your membership for an offence against the rules of racing. Penalties may also be imposed for other misconduct. Failure to pay a fine or penalty will lead to suspension of membership. If you have incurred a penalty and wish to appeal the Commissaire Panel’s decision, you must notify the Chief Commissaire. Upon receiving a notice of appeal, the Chief Commissaire 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. If the Commissaire Panel or Race Jury (on appeal) has: • imposed a penalty greater than $250; • suspended your membership; • suspended your from competitions, activities or events of the Club or Cycling Victoria for a period of greater than four weeks; or you may appeal in accordance with the procedure set out in rule 27 of the Cycling Victoria Incorporated Association Rules and summarised at 1.3(a)(iii). Any other penalty does not give rise to further appeal rights; in these cases, the Race Jury determination will be final. For further information on disciplinary matters in competition see rules 2.38-45 of the Cycling Victoria By-Laws and rules 27-29 of the Cycling Victoria Incorporation Association Rules, rule 2.13 of the Cycling Australia By-Laws and rules 3.26-3.28 and Annexure 9 of the Cycling Australia Technical Regulations (Road and Track) and rules 71-80 of the Cycling Australia Technical Regulations (Cyclo-cross).Flowchart on disputes, complaints and disciplinary procedures
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Cycling Victoria
Flowchart on disputes, complaints and disciplinary procedures
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individual members defending a complaint
Start
Did the incident involve: discrimination, harassment, bullying, inappropriate behaviour, or misuse of social media? Yes Was the incident at a Club event?
Was the incident at a state or territory event?
Was the incident at a national event?
Yes
Yes
The matter will initially be dealt with at Club level
The matter will initially be dealt with at Cycling Victoria level
The matter will initially be dealt with at Cycling Australia level
STEP 1: COMPLAINT IS FORMALISED
Mediation
Resolved?
Mediation
Yes
End
No
Resolved?
Mediation
Yes
End
No
Warning, suspension or fine
Resolved? No
Yes
Resolved? No
Investigation
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Investigation
Yes
End
No
Warning, suspension or fine
End
Resolved?
Yes
Warning, suspension or fine
End
Resolved? No Investigation
Yes
End
Cycling Victoria
Resolved?
Yes
End
Resolved?
No
No
Mediation
Mediation
Resolved?
Yes
End
Resolved?
Yes
Yes
End
End
Resolved?
No
No
No
Hearing
Hearing
Hearing
Resolved?
Yes
End
No
Resolved?
Yes
End
No
External referral
External referral
Resolved?
Yes
Yes
End
End
No External referral
RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Codes of Conduct
yy Cycling Australia National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules
yy Cycling Australia By-Laws
yy Cycling Victoria By-Laws
yy Social media: Cycling Australia National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules yy Cycling Victoria By-Laws
yy ‘Cycling Victoria Social Media Policy’
yy Cycling Australia Constitution
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individual members defending a complaint
Start
Did the incident involve doping? Yes
STEP 1: COMPLAINT IS FORMALISED Investigation and disciplinary hearing and appeal (ASADA)
RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia Anti-Doping Policy and yy the World Anti-Doping Code.
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Cycling Victoria
Start
Did the incident involve integrity and gambling? Yes
The matter will initially be dealt with at Cycling Australia level
STEP 1: COMPLAINT IS FORMALISED
Investigation
Resolved?
Yes
End
No Hearing
Resolved?
Yes
End
No External referral
RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia National Policy on Integrity and Gambling
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individual members defending a complaint
Start
Did the incident involve breach of technical regulations? Yes
Was the incident at a Club event?
Was the incident at a state or territory event?
Yes
Was the incident at a national event?
Yes
Yes
The matter will initially be dealt with at Cycling Victoria level
The matter will initially be dealt with at Club level
The matter will initially be dealt with at Cycling Australia level
STEP 1: COMPLAINT IS FORMALISED
Hearing
Resolved?
Hearing
Yes
No
End
Resolved?
Hearing
Yes
End
No
No
External referral
Resolved?
External referral
External referral
RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Technical Regulations
yy Cycling Australia Technical Regulations
yy Cycling Victoria By-Laws
yy Cycling Australia By-Laws
yy Cycling Victoria Technical Regulations yy Cycling Victoria By-Laws yy Cycling Victoria Incorporated Association Rules
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yy Cycling Victoria Incorporated Association Rules
Yes
End
Cycling Victoria
Start
Is the matter a dispute between you and another member (that is not a disciplinary issue)? Yes Does the dispute involve two members of the same Club? Yes
Does the dispute involve two members from different Clubs?
Does the dispute involve members from different states and territories?
Yes Yes
The dispute should be handled at Club level
The dispute should be handled at Cycling Victoria level
The dispute should be handled at Cycling Australia level
STEP 1: RESOLUTION BETWEEN PARTIES STEP 2: COMPLAINT IS FORMALISED STEP 3: MEDIATION STEP 4: EXTERNAL REFERRAL RELEVANT RULES, POLICIES AND PROCEDURES Club Level
Cycling Victoria Level
National Level
yy Club Rules
yy Cycling Victoria Incorporated Association Rules
yy National Member Protection Policy
yy Cycling Victoria Incorporated Association Rules
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