BC SOCCER JUDICIAL CHAIR

Transcription

1 BC SOCCER JUDICIAL CHAIR General BC Soccer is the provincial sport governing body with the mission to govern, promote and develop the game of soccer in British Columbia in a professional and progressive manner. Established in 1907, BC Soccer is the largest provincial sport organization (PSO) in BC and the third largest soccer specific PSO in Canada with over 150,000 participants. As a professional not-for-profit society and a member of Canada Soccer, BC Soccer is committed to providing the widest opportunities for existing and potential participants, as well as provide support in the most effective and appropriate way for current players, parents, volunteers, member clubs, leagues and districts. BC Soccer is comprised of more than 120,000 registered players, over 2,200 registered referees, and thousands of volunteer coaches, administrators and soccer leaders. Working with its 40 member Youth Districts and 11 Adult Leagues as well as their affiliate member clubs, BC Soccer operates under the guiding principles of Professional Leadership, Passionate Service and Progressive Collaboration. In managing its relationships throughout the larger soccer community, BC Soccer s vision is to ensure every British Columbian has the opportunity to be involved in soccer as part of a lifelong commitment to active, health and involved lifestyle. Background In August 2017, Canada Soccer released its updated Disciplinary Code, for which its provincial/territorial members, like BC Soccer, are required to be compliant with by December One of the key items of Canada Soccer s Disciplinary Code is for there to be an independent Judicial Chair. This means that the Judicial Chair must be an individual who does not serve on BC Soccer s board of directors, any committee/advisory groups, or serve one of BC Soccer s members or affiliated clubs in a staff or volunteer capacity. BC Soccer Judicial Bodies Overview As BC Soccer moves towards operational compliance with Canada Soccer s Disciplinary Code, below outlines the new structure of BC Soccer s Judicial bodies and Appeals body: General Roles & Responsibilities

2 Judicial Chair Chairs the Committee that reviews rules, regulations and policies related to ethics, discipline and protests (and potentially appeals) Acts as traffic controller whereby they can determine what submissions go to an ethics panel, discipline panel or protest panel o Can be an investigator, or can appoint someone else to be an investigator Responsible for finding independent panel members Judicial Chair should determine who should be the chair of the respective panels Ethics Panel Is made of independent individuals who will determine if there has been a breach of BC Soccer s code of conduct and ethics. They do not review matters that are game related (example. referee abuse); rather in simple terms, they review matters off the pitch They review complaints submitted to the association to determine if there is a breach If there is a breach, the matter and potential breaches are referred to the discipline panel Ethics Panel Chair The Ethics Panel does not conduct hearings Discipline Panel Is made of independent individuals who issue sanctions for game related offenses, items referred from the Ethics and/or Protest Panels Discipline Panel Chair May conduct hearings for alleged offenders May issue automatic sanctions Protest Panel Is made of independent individuals who review Protests submitted to determine if the protest has merit and if the protest goes to discipline Protest Panel Chair Appeals Chair Is independent from the Judicial Chair and ethics, protest, and discipline panel members Can determine if an appeal has merit, or refer to a panel to assist in the decision Appoints an independent panel to review appeals May inquire/investigate as it relates to an appeal Appeals Panel Is made of independent individuals to review and appeal to determine if there was a breach of BC Soccer rules/regulations/policies, process, if there was bias in the decision or amongst the panel, or if the principles of natural justice were not followed at the hearing (i.e. unfair hearing) Appeal Panel Chair

3 Staff Role Acts as the liaison to the Judicial Committee Can assist the Judicial or Appeal Chairs and/or panels in finding gather additional information, coordinate hearings, send correspondence, etc. In some ways act as a case manager. Act as an independent investigator, but this is not recommended Processes Overview Complaints All complaints come to the Judicial Chair. The Judicial Chair may assign an independent investigator to review the compliant or review him/herself. Based on what is received in the complaint and/or investigation, the following is determined: 1. The complaint has merit. The next step is to forward this to a discipline panel 2. The complaint does not have merit. The next step is to provide a letter of response that includes why the complaint was not being moved to discipline. a. Note: If a complaint is determined not to have merit, the complainant cannot appeal this decision. They can however, resubmit the complaint. 3. The complaint needs to be reviewed by an Ethics Panel to determine if the complaint has merit or not. Protest Protests come to the Judicial Chair. The Judicial Chair may review the protest to see if it has merit, or refer it to a protest panel. If the protest panel determines there is merit, the protest is forwarded to a discipline panel for review and potential sanctioning. Discipline Discipline matters can come to the Judicial Chair. Some sanctioned may be automatically determined by the Judicial Chair whereas some will require a panel to review and issue sanctions. A person charged with discipline as three options: 1. Admit guilt and accept sanctions (no hearing) 2. Accept guilt and request a hearing 3. Dispute guilt and request a hearing At a hearing, the discipline panel would determine what/if any sanctions are to be applied. Appeals Appeals come to the Appeals Chair. The Appeals Chair reviews to determine if the appeal has merit, i.e. if leave to appeal is granted. If needed, the Appeal Chair may have an appeal panel assist in this determination. Note, as it relates to discipline, an appeal is not a new hearing and cannot be made just because someone does not like the decision made by a discipline panel. An appeal can only be made on the basis of a breach of rules/regulations/policy, bias, not following principles of natural justice, procedural missteps, etc. Decisions of a BC Soccer discipline or protest panel, or committee go to the independent BC Soccer Appeals Chair/Panel in the first instance. Canada Soccer only hears appeals of decision from BC Soccer s Appeals Panel.

4 Note, if BC Soccer s rules/policies state that a decision is not appealable to Canada Soccer, Canada Soccer cannot hear the appeal. Reports to the Board BC Soccer s board of directors nor staff are involved with judicial matters, unless there is a lawsuit involved. Thus, the report from Judicial to the board at each meeting would consist of: X number of complaints and how many were handled each way X number of discipline cases X number of appeals and how they were handled X number of protests and how they were handled BC SOCCER JUDICIAL CHAIR POSITION SUMMARY BC Soccer is seeking a highly organized, detail-oriented, analytical professional for the position of BC Soccer Judicial Chair. This honorarium-based position will oversee the implementation of discipline, ethics, protest and appeal policies and procedures of BC Soccer and advise on potential updates or amendments. Additionally, the Judicial Chair is responsible for reviewing complaints received by BC Soccer and creating the appropriate ethics, discipline and/or protest panels to review and/or hear various judicial matters, some of which are a sensitive nature; therefore, complete confidentiality and non-bias are essential to the role. Accountable to: Executive Director or designate Internal relationships: Relates directly with BC Soccer s Governance and Discipline Coordinator, Director of Community Development, and Executive Director. External relationships: Canada Soccer; BC Soccer Board, Committees and majority of staff; Member Youth Districts; Member Adult Leagues; Member Clubs; Individual Association Members; players; coaches; parents; referees; volunteers; and the general public. Approximate Hours of Work: BC Soccer reviews/hears approximately judicial cases per year. Each case is unique and requires different time commitment based on the unique situation. As a rough estimate, the time required per case could be between 15 minutes to 3 hours to review. Case reviews can take place after regular office hours or during typical work hours (depending on the Chairs availability). If required the chair may need to participate in conference calls and/or hearings, typically take place after 6:30pm during weekdays. Specific Responsibilities: Uphold and follow the Discipline, Ethics & Conduct Policy and Procedures of BC Soccer Chairs the Committee that reviews rules, regulations and policies related to ethics, discipline and protests (and potentially appeals) Responsible for appointing independent panel members o Responsible for forming ethics, discipline and protest panels, including assigning a Panel Chair

5 Reviews complaints, discipline/ethics and protest submissions to determine next steps o Act as an investigator as needed, or appoints an investigator to find out more information as it pertains to each case Liaises with BC Soccer staff regarding judicial cases and matters Attend hearings and/or conference calls pertaining to discipline, ethics/complaints, and protests Actively contribute and work towards objectives as outlined in the strategic direction Required Knowledge, Abilities, Skills, Training, Experience, and Education General Must be independent from BC Soccer and its membership Commitment to delivering high standards of customer service and appropriate experience to demonstrate this. Open minded and self-starter Analytical skills Able to compose routine and non-routine correspondence Able to work independently and in a team environment while maintaining confidentiality Able to represent BC Soccer as required, including traveling should it be required Willing to submit to CPIC (Criminal Records) clearance Proficient in Microsoft Office (Word, Excel, PowerPoint, and Outlook) Fluency in English Passionate about sport Able to work evening and weekends when required Job Specific Experience in a non-profit working environment would be an asset Experience in sport would be an asset Experience implementing Policy and Procedures would be considered an asset Legal experience or education considered an asset Knowledge of BC Soccer s bylaws, rules and policies would be considered an asset Remuneration The position is honorarium based Application Interested applicants should submit their resume and cover letter with a subject line of BC Soccer Judicial Chair Interest to feedback@bcsoccer.net. Accepting applications until the position is filled.