Obligations of Competitors and Coaches & Dispute Settlement Mechanism
The competitor/coach shall comply with all reasonable directions and instructions given to them by the Association and its representatives, coaches and management. Without limiting the generality of the foregoing, the competitor/coach is obligated to comply with the following:
- to avoid any action or conduct that reflects adversely upon the association and its athletes, teams, coaches, officials, statisticians, ice technicians, employees, officers, directors, members or sponsors, and agrees at all times to conduct himself/herself in a manner which will bring credit to the Association and the specific parties named above;
- to rely upon and to utilize the hearing and appeal procedure that is in conformity with the generally-accepted principles of natural justice and due process for remedy of all complaints and issues on the basis that all such complaints and issues shall not be made public until the hearing and appeal procedure is first exhausted;
- to avoid any action or conduct that would reasonably be expected to significantly disrupt or interfere with a competition or the preparation of any competitor/coach for a competition;
- to avoid the use of banned drugs in contravention to the rules of the World Curling Federation, Sport Canada and Canadian Curling Association policy and to submit at competitions and other reasonable times to random doping control testing upon request by the Association or other authority designated to do so by the Association;
- to avoid possession and/or use of anabolic drugs, and to neither supply these drugs directly or indirectly to others, nor encourage their use; and
- to participate, as may be requested by the Association, in any doping control/education program formulated by the Association in co-operation with Sport Canada and the Canadian Centre for Ethics in Sport.
Dispute Settlement Mechanism
The appeal process regarding CCA decisions is differentiated as follows:
- Disciplinary measures and appeal process related primarily to the conduct of a Competitor/Coach at a competition, but which is also applicable to other conduct except conduct governed by the appeal process set out in subparagraph 1(b) below.
- Appeal process related to a Competitor/Coach’s status on the National Team, to AAP eligibility, or to decisions taken by the CCA pursuant to subparagraph 3(c) (vii) hereof.
The words or phrases below shall have the following meanings in this document:
- “AAP” means the Athlete Assistance Program funded by Sport Canada or any substitute or successor program.
- ADR SPORT RED refers to the dispute resolution organization created by a Government of Canada initiative currently having its office located at Suite 2825 – 1 Place Ville Marie, Montreal, Quebec.
- A “competition” is any local, provincial, national or international event sponsored, promoted, endorsed or supported by the CCA or any CCA member association. A competition shall include the time frame covered by the entire time from the Competitor/Coaches departure to the competition locale for the purpose of competing in the competition through to and including arrival at home from the event.
- A “Competitor/Coach” is any person who is participating or has participated as a member or Coach of any team in any local, provincial, national or international event sponsored, promoted, endorsed or supported by the CCA or a CCA member association, and whose members have signed a National Team Athlete Agreement.
- National Team” means a team that has been selected by the CCA to represent Canada in World Championship or Olympic curling competitions, and the members of which have signed a National Team Athlete Agreement.
3. Disciplinary Measures
Disciplinary measures and appeal procedures are related primarily to the conduct of a competitor/coach at a competition, but which is also applicable to other conduct of a competitor/coach excluding only conduct to which paragraph 4 hereof applies.
- The CCA shall have the right to implement and administer reasonable disciplinary measures arising from any Competitor/Coach’s conduct (whether of a verbal or physical nature) occurring,
- during any competition, whether in the course of on ice play or at other times,
- at any other time and place.
- Such disciplinary measures may include but are not limited to,
- formal reprimand or verbal warnings;
- formal reprimand (written);
- temporary or permanent suspension of competition privileges;
- dismissal from a team representing the CCA.
- Disciplinary measures imposed on a Competitor/Coach arising out of conduct referred to in subparagraph 3 (a) above shall be implemented in accordance with the following rules.
- The Director, Event Operations, or an alternative person appointed by the CCA, shall have the sole right to impose any of the disciplinary measures referred to in subparagraph 3(b) (i) and (ii), and, if the conduct occurs during any competition, to suspend the Competitor/Coach from one game at the relevant competition.
- Before imposing any disciplinary measure, the Director, Event Operations, or other duly appointed person shall carry out an investigation including interviewing relevant witnesses and the involved Competitor/Coach.
- The Director, Event Operations’ or alternative person’s decision shall not be subject to appeal.
- If Director, Event Operations or alternative person feels that the impugned conduct arising during a competition warrants more than a one game suspension, he or she shall immediately recommend to the CCA’s Chief Executive Officer that an impartial nonconflicted member of the CCA Board hold a hearing at the relevant event city to determine whether or not further suspensions are appropriate. If the impugned conduct occurs outside a competition 3(a) (ii) and the appointed alternative person recommends Section 3(b) (iii) or (iv) disciplinary measures he or she shall make a similar recommendation to the CCA’s Chief Executive Officer that an impartial non-conflicted member of the CCA board hold a hearing.
- Upon receipt of such recommendation, the Chief Executive Officer shall forthwith identity an impartial non-conflicted member of the CCA Board to convene such a hearing.
- The board member so appointed shall convene a hearing at the event city as soon as possible but, no later than 24 hours after his/her appointment, and he/she shall give notice to the Director, Event Operations or alternative person and to the impugned Competitor/Coach of the time and place of the hearing.
- The Competitor/Coach and Director, Event Operations or alternative person shall have the right to representation by legal counsel at the hearing, to present evidence by way of affidavit, and to present argument. For sake of expedience and cost reduction, the hearing may proceed by way of written submissions, and/or telephone conference or video conference with such safeguards built in as the adjudicating board member feels necessary to protect the parties.
- At the conclusion of the hearing, the adjudicating board member shall either:
- dismiss the recommendation for further suspension;
- suspend the impugned Competitor/Coach from one or more of the remaining games at the relevant event, or in the case of conduct referred to in 3(a)(ii) from the next competition,
- recommend further suspensions as referred to in paragraph 3(c) (x) below.
- The decision of the adjudicating board member concerning suspensions from one or more of the remaining games at the relevant event shall not be subject to appeal or further hearing.
- If the adjudicating board member finds that the improper conduct warrants consideration by the CCA Board for suspension from other competitions or in the case of conduct referred to in 3(a)(ii) above, from competitions other than the next competition, or for dismissal from a team representing the association, he or she shall prepare and deliver a report to the CCA President and to the impugned Competitor/Coach setting out all relevant facts found at the hearing, brief summaries of witnesses’ statements indicating which portions were accepted and which portions were rejected, disciplinary measures recommended, and the reasons for the disciplinary measures recommended, within five (5) days after the conclusion of the hearing.
- The impugned Competitor/Coach shall have ten (10) days after receipt of such report to prepare and deliver a written reply to the CCA Board. The Board shall meet, as soon as reasonably possible after the reply to the report has been received, or the ten (10) day period has elapsed, to consider the report and reply, if any.
- After reviewing the report and reply, if any, the CCA Board shall determine what, if any, discipline measures should be imposed on the impugned Competitor/Coach, and shall advise him or her in writing forthwith after making such determination.
- Disciplinary measures imposed on a Competitor/Coach pursuant to 3(c) (xii) above shall besubject to the appeal procedure referred to in paragraph 4 below.
4. Appeal Procedures
Related to National Team status and/or AAP funding eligibility and subparagraph 3(c) (xii) above.
- The following appeal process shall apply to,
- all decisions made by the CCA pursuant to paragraph 3(c)(xii) above, and
- all disputes between Competitor/Coach arising out of a National Team Athlete agreement including but not limited to National Team eligibility and AAP funding eligibility.
- The party wishing to initiate the dispute settlement process set out below shall deliver a written request for mediation both to the ADR-SPORT-RED office at 2825-1 Place Ville Marie, Montreal, PQ H3B 4R4, and to the other party containing the particulars set out in RM-3 of Appendix 1 attached.
- The dispute shall then proceed to mediation in accordance with the ADR-SPORT-RED procedures which are available at www.adrsportred.ca (the Code) or by contacting the Canadian Curling Association.
- The parties agree that the time limit referred to in RM-15 in Appendix 1 shall be 30 days.
- In the event the parties are unable to reach a settlement with the assistance of the ADRSPORT- RED mediator, either party may, within 30 days after the mediation process has ended, submit the issues in dispute to arbitration pursuant to the ADR-SPORT-RED CODE arbitration provisions (available at www.adrsportred.ca),and both parties agree that any issues so submitted to arbitration shall be finally determined by such arbitration in accordance with the provisions of the ADR-SPORT-RED CODE. In particular without limiting the generality of the application of the entire ADR-SPORT-RED CODE to the resolution of all disputes between the parties arising out of or connected in any way with this agreement, the parties agree that the arbitrator’s award shall be final and binding on the parties and “shall not be open to question or review in a court.” For greater certainty the arbitration proceedings shall not be subject to review by injunction, prohibition, judicial review, or other process or proceeding in a court and shall not be removable by certiorari or otherwise to a court.
5. General Provisions
- The dispute settlement provisions set out herein represent the sole and only recourse a Competitor/Coach or the CCA may have concerning the aforementioned disputes. Neither the Competitor/Coach nor the CCA shall attempt to resolve any such dispute in a court or in any other tribunal except as provided herein.
- Where urgency such as when a Competitor/Coaches eligibility to participate in an imminent competition compels a shortening of the time lines set out above or skipping of any of the steps leading to final resolution of the dispute, the parties shall forthwith convene a telephone conference call or meeting to discuss the dispute and shall use their best efforts to agree to a process to resolve the dispute. In such cases the preferred process may be to submit the dispute to an urgent ADR Sport Red arbitration. The provisions of this subparagraph 5(b) do not apply to disciplinary measures imposed pursuant to 3(c) (i) hereof.
High Performance Programs and Services
- National Coaching Certification Program
- National Training Centre
- National Team Program 2013/2014
- Long-Term Athlete Development for Curling in Canada
- A Pane in the Glass: A Coach’s Companion
- Policy Statement and Guildelines on Discrimination and Harassment
- Obligations of Competitors and Coaches & Dispute Settlement Mechanism
- Canadian Anti-Doping Program