Section No. 3.00: MEMBERSHIP
Policy No: 3.07 Dispute Resolution
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CZWKA will provide a procedure for the effective resolution of disputes in a timely manner.
A Dispute Resolution Working Group comprising the Board of Directors and/or designated specialists will oversee and manage complaints and disputes related to the Codes of Ethical Conduct. This will include investigation and communication with the complainant(s). The procedures are as follows:
- The parties will be advised of the provisions of this policy,
- The parties will be given an opportunity to present evidence in writing in support of their positions and to defend themselves against allegations,
- The issues will be clearly and concisely stated so that the parties are aware of the allegations,
- The parties will have the right to be represented at any stage of the process at their own expense,
- The parties will receive copies of all notices, statements, reports and decisions within a specified time frame,
- The decision-makers have a duty to listen fairly to both sides and to reach a decision untainted by bias,
- The parties have the right to an appeal pursuant to the provisions of the appeals policy.
The resolution of disputes and appeals should proceed as expeditiously as possible within the specified time limits.
Any and all information, oral and written, created, gathered, received or compiled during and through the course of a dispute will be treated as confidential by all involved.
If the person making a complaint or dispute is a minor or someone otherwise unable to speak for him or herself, a proceeding may be brought forward by a parent, guardian or other adult of the person’s choice who may speak on behalf of a minor party as an advocate. They will have the right to act on behalf of the minor party throughout the proceeding.
Dispute Resolution Procedures
This Policy applies to members in CZWKA and all individuals participating in activities of CZWKA, including without limitation, athletes, coaches, officials, directors, officers, team managers and families.
This policy does not apply to matters that involve doping offences, which are dealt with through the Canadian Anti-Doping Program.
A Complainant seeking resolution of a dispute shall provide a written statement to the President of CZWKA or any board member. It must be submitted by the Complainant within 30 days of the date of the matter giving rise to the dispute.
The Dispute Resolution Working Group will investigate the complaint and seek to facilitate an informal or formal resolution. They will make recommendations to the Board of Directors of CZWKA for resolution of the dispute and any further actions required.
The Board will make a decision on the Dispute Resolution Working Group’s recommendations and will respond in writing within two weeks of receiving the complaint. Arrangements will be made if any further actions are required.
Should the Dispute Working Group be unable to informally resolve the dispute to the satisfaction of the parties, external advocacy resources will be recommended.
The Dispute Working Group will provide a written report to the Board of Directors of CZWKA with the outcomes and may recommend measures requiring considered appropriate, including disciplinary action or external advocacy to resolve the dispute. The Board of Directors of CZWKA will determine and communication decisions to all parties within seven days.
Any Member who is affected by a decision of the Board of Directors, based on the recommendations of the Dispute Resolution Working or of any individual who has been delegated authority to make decisions on behalf of the Board of Directors, will have the right to appeal that decision, provided there are sufficient grounds.
This right to appeal will not apply to decisions relating to:
- Infractions for doping offences, which are dealt with through the Canadian Anti-doping Program
- Matters of budgeting, budget implementation, or operational structure
- Matters that are decided by the general membership of CZWKA
- Commercial matters for which another dispute resolution process exists under a contract or applicable law, including employment law
- The rules of the sport of Karate
Notice of Appeal
Members who wish to appeal a decision will have 30 days from the date on which they received notice of the decision, to submit in writing a Notice of Appeal to the Dispute resolution Working Group and/or the President of the CZWKA Board.
The Notice of Appeal will contain the contact information, grounds for the appeal, a summary of the evidence that supports these grounds, and the remedy or remedies requested.
Screening of Appeal
Within seven days of receiving the Notice of Appeal, the Dispute Resolution Working Group will determine whether the right of appeal is brought with adequate information and on appropriate grounds.
If the appeal is denied on the basis that there is no right of appeal, that the appeal is not timely, or that the appeal is based on insufficient grounds, a member of the Dispute Resolution Working Group will notify the Appellant of this decision in writing, giving reasons. This decision is at the sole discretion of the Board of Directors based on recommendations from the Dispute Resolution Working Group and may not be appealed.
The Dispute Resolution Working Group will determine the format of the appeal hearing, which may involve an oral hearing in person, an oral hearing by telephone, other electronic means, a hearing based on written submissions, or a combination of these methods.
The Dispute Resolution Working Group will govern the hearings as it sees fit. The Appellant and Respondent will be given reasonable notice of the hearing and will have the right to present documents, evidence and arguments before the Dispute Resolution Working Group.
Following the hearing, the Dispute Resolution Working Group will issue its written decision, with reasons within 7 days of the appeal hearing. A copy of the decision will be given to each of the parties and the Board of Directors. The decision will be binding.
Responsibility of: Dispute Resolution Working Group
Monitored by: Board of Directors