PoCoMo Pickleball Club Policy
Complaints & Dispute Resolution
1.1 PoCoMo Pickleball is committed to providing an environment in which everyone involved with PoCoMo Pickleball is treated with respect.
1.2 When an individualís conduct demonstrates lack of respect or otherwise is an infraction of PoCoMo Pickleballís bylaws or policies, a fair, expeditious and affordable process is in place to respond to complaints regarding the individualís behaviour.
2.1 Conduct in contravention of the values of PoCoMo Pickleball as described in its bylaws, Code of Conduct Policy or other policies may be subject to sanctions and discipline pursuant to this policy.
3.1 This policy applies to all individuals participating in PoCoMo Pickleball programs, activities and events.
4.1 January 13, 2021
5.1 Anyone may make a complaint to the Vice-President of PoCoMo Pickleball or his/her designate. A complaint must be in writing and signed or submitted online via the complaint-dispute form. A complaint must be filed within fourteen (14) days of the alleged incident. Anonymous complaints may be accepted at the sole discretion of PoCoMo Pickleball.
5.2 A complainant wishing to file a complaint outside the fourteen (14) day period must provide a written statement providing reasons for an exemption to the time limitation. The decision to accept the complaint outside of the fourteen day period is at the sole discretion of PoCoMo Pickleball and may not be appealed.
5.3 Minor infractions are single incidents of failing to achieve expected standards of conduct that generally do not result in harm to others, PoCoMo Pickleball or the sport of pickleball.
5.4 Examples of minor infractions can include, but are not limited to, a single incident of:
5.5 Major infractions are instances of failing to achieve the expected standards of conduct that result, or have the potential to result, in harm to other persons, to PoCoMo Pickleball or to the sport of pickleball.
5.6 Examples of major infractions include, but are not limited to:
5.7 Upon receipt of a complaint, the Vice President (or designate) in consultation with the Case Manager:
5.8 Before a complaint proceeds to a formal process, the complaint may first be referred to PoCoMo Pickleballís Vice President (or designate) with the objective of determining whether the complaint may be resolved using mediation or other alternative dispute resolution method.
5.9 Mediation or other alternative dispute resolution processes may be used at any point in the complaint process if the complainant and the person subject of the complaint agree that such a course of action would be mutually beneficial.
5.10 Where mediation is pursued, it will be done so in accordance with standard mediation practice using mediators who are acceptable to both parties and are available in a reasonable time period after the dispute has taken place.
5.11 Any costs arising from the use of mediation or other alternative dispute resolution methods are shared equally between the complainant and the individual who is subject of the complaint.
5.12 If the complaint is not resolved by use of facilitation or mediation, the formal complaint process as described in this policy will be followed.
5.13 PoCoMo Pickleball will appoint a Case Manager to oversee the management and administration of the complaints and discipline process. He/she has an overall responsibility to ensure procedural fairness is respected at all times under this policy, and to implement it in a timely manner. The Case Manager does not need to be a member of PoCoMo Pickleball.
5.14 Any infractions or complaints occurring within a PoCoMo Pickleball sanctioned or sponsored tournament will, if applicable, be dealt with by the procedures specific to the tournament. In such circumstances, disciplinary sanctions will be only for the duration of the tournament. Further sanctions may be applied but only after review of the incident in accordance with this policy.
5.15 Procedures for responding to a minor infraction are much less formal than responding to a major infraction. As much as possible, complaints are managed at a local level, involving individuals familiar with the individuals and the circumstances.
5.16 The Case Manager may request another appropriate person who has knowledge of the person and/or authority over the person to respond to the complaint, provided that the person who is subject of the complaint has been:
5.17 Examples of another appropriate person with knowledge of and/or authority over the person include:
5.18 After the Case Manager or other appropriate person has reviewed the alleged incident with the individual involved, he/she may determine that no further action is required, or may apply a penalty, either singularly or in combination, including the following:
5.19 If, at any point during an investigation or hearing, it comes to the attention of the Case Manager that a criminal act may have occurred involving a party to the complaint, the Case Manager will:
5.20 When it is determined the alleged incident is a major infraction, the Case Manager will:
5.21 Where the Case Manager determines a Panel will respond to a complaint, wherever possible, the Panel members will be selected to avoid any appearance of conflict of interest.
5.22 If the person alleged to have committed the major infraction acknowledges the facts of the incident, he/she may consent to waive the need for a hearing. In these circumstances the adjudicator or the Panel will determine the appropriate sanction with or without holding a hearing.
5.23 If a party to the complaint chooses not to participate in the hearing, the hearing will proceed without their participation.
5.24 The Case Manager will determine the format of the hearing, which may involve:
5.25 The hearing is governed by the procedures that the Case Manager deems appropriate in the circumstances, provided that the Parties:
5.26 If the Case Manager determines that a decision made by the adjudicator or Panel may affect another party to the extent that party would have recourse to a complaint in their own right, that party will become a party to the complaint in question and will be bound by that decision.
5.27 Within fourteen (14) days of the conclusion of the hearing, the adjudicator or Panel determines whether the alleged infraction occurred and if so the sanctions to be imposed. This decision along with its reasons is distributed in writing to all parties and to the President of PoCoMo Pickleball within seven (7) days of the decision being made.
5.28 Sanctions for a major infraction may include but are not limited to:
5.29 Unless the Adjudicator or Panel decides otherwise, disciplinary sanctions start immediately after the written decision has been distributed to the parties.
5.30 At the sole discretion of PoCoMo Pickleball, an individualís conviction for any of the following offenses will be deemed a major infraction under this Policy and will result in expulsion from PoCoMo Pickleball and/or removal from PoCoMo Pickleball competitions, programs, activities and events:
5.31 If a decision is made to impose a penalty for either a minor or major infraction, a record is created and maintained by PoCoMo Pickleball and includes the following:
5.32 Decisions and appeals are matters of public interest and shall be publicly available with the names of the individuals redacted. Names of persons disciplined may be disclosed to the extent necessary to give effect to any sanction imposed.
6.1 PoCoMo Pickleball is responsible for communicating this policy to its members and others involved in its programs, activities and events.
6.2 PoCoMo Pickleball will need to provide an orientation to the complaints and discipline process to its Executive and to ensure a Case Manager will be available in the event of a complaint involving a major infraction.
7.1 Individuals involved in PoCoMo Pickleball programs, activities and events are treated with respect and know how to lodge a complaint where they have felt PoCoMo Pickleballís Code of Conduct or the values of PoCoMo Pickleball are not being upheld.