** This Event Discipline Procedure does not supersede or replace Basketball Manitoba's Discipline and Complaints Policy **
Definitions :
1. The following terms have these meanings in this Policy: a) “event” – An event sanctioned by Basketball Manitoba b) “Individuals” – All categories of membership defined in Basketball Manitoba's Bylaws, as well as all individuals employed by, or engaged in activities with, Basketball Manitoba including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, Directors and Officers of Basketball Manitoba, spectators at events, and parents / guardians of athletes.
Purpose :
2. Basketball Manitoba is committed to providing a competition environment in which all Individuals are treated with respect. This Procedure outlines how alleged misconduct during an event will be handled.
Scope and Application of this Policy
3. This Procedure will be applied to all Basketball Manitoba sanctioned events unless the event host states any modifications to this Procedure (and the reasons for those modifications) in the event’s registration or invitation package. Changes to this Procedure must also be outlined in the event host’s sanctioning request, when applicable.
4. If the event is being sanctioned by a national or regional Games federation, or an international federation, the Event Discipline Procedure of the sanctioning organization will replace this procedure. Incidents involving Individuals connected with Basketball Manitoba (such as athletes, coaches, members, and Directors and Officers) must still be reported to Basketball Manitoba to be addressed under Basketball Manitoba's Discipline and Complaints Policy, if necessary.
5. This Procedure does not replace or supersede Basketball Manitoba's Discipline and Complaints Policy. Instead, this Procedure works in concert with the Discipline and Complaints Policy by outlining, for a designated person with authority at an event sanctioned by Basketball Manitoba, the procedure for taking immediate, informal, or corrective action in the event of a possible violation of Basketball Manitoba's Code of Conduct and Ethics.
Misconduct During Events :
6. Incidents that violate or potentially violate Basketball Manitoba's Code of Conduct and Ethics, which can occur during a competition, away from the area of competition, or between parties connected to the event, shall be reported to a designated person (usually the head official or on-site convenor) responsible at the event.
7. The designated person at the event shall use the following procedure to address the incident that violated or potentially violated Basketball Manitoba's Code of Conduct and Ethics:
a) Notify the involved parties that there has been an incident that violated or potentially violated Basketball Manitoba's Code of Conduct and Ethics
b) Convene a jury of either one person or three people (one of whom shall be designated the Chairperson), who shall not be in a conflict of interest or involved in the original incident, to determine whether Basketball Manitoba's Code of Conduct and Ethics has been violated. The designated person at the event may serve on the jury
c) The jury will interview and secure statements from any witnesses to the alleged violation
d) If the violation occurred during a competition, interviews will be held with the officials who officiated or observed the competition and with the coaches and captains of each team when necessary and appropriate
e) The jury will secure a statement from the person(s) accused of the violation
f) The jury will render a decision and determine a possible penalty
g) The Chairperson of the jury will inform all parties of the jury’s decision.
8. The penalty determined by the jury may include any of the following, singularly or in combination:
a) Oral or written warning
b) Oral or written reprimand
c) Suspension from future competitions at the event
d) Ejection from the event
e) Other appropriate penalty as determined by the jury.
9. The jury does not have the authority to determine a penalty that exceeds the duration of the event. A full written report of the incident and the jury’s decision shall be submitted to Basketball Manitoba following the conclusion of the event. Further discipline may then be applied per Basketball Manitoba's Discipline and Complaints Policy if necessary.
10. Decisions made in the scope of this Procedure may not be appealed.
11. This Procedure does not prohibit other Individuals from reporting the same incident to Basketball Manitoba to be addressed as a formal complaint under Basketball Manitoba's Discipline and Complaints Policy.
12. Basketball Manitoba shall record and track all reported incidents.
Approved and adopted by the Basketball Manitoba Board of Directors on April 26, 2021