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ANOC INDEPENDENT ETHICS COMMISSION. Terms of Reference – Bye-Law 1 Procedural Rules – Bye-Law 2 Enacted by ANOC Executive Council. TERMS OF REFERENCE – BYE-LAW 1. Establishes an independent Ethics Commission Effective December 1, 2018 7 Ethics Commission members
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ANOC INDEPENDENT ETHICS COMMISSION Terms of Reference – Bye-Law 1 Procedural Rules – Bye-Law 2 Enacted by ANOC Executive Council
TERMS OF REFERENCE – BYE-LAW 1 • Establishes an independent Ethics Commission • Effective December 1, 2018 • 7 Ethics Commission members • 5 experienced lawyers(one to be identified as Chairperson) – 1 from each continent – must be independent of ANOC • 1 Executive Council Member • 1 Athlete Member • All 7 must be elected by the ANOC General Assembly • 4 year term – maximum of 2 terms
TERMS OF REFERENCE – BYE-LAW 1 • Ethics Commission has the power to hear and decide any alleged breaches of the ANOC Code of Ethics • Everyone in the ANOC family has a duty to report a breach of the Code of Ethics • Report is made directly to the Ethics Commission • Must be at least a prima facie case to proceed to an investigation and hearing – decided by the Chairperson • Independent Investigator appointed
TERMS OF REFERENCE – BYE-LAW 1 • Provisional suspensions – imposed by Ethics Commission • May be appealed to CAS • Limitations – Proceedings limited to events not more than 10 years previous • Notice of Charge of Alleged Breach • Secretariat support provided
PROCEDURAL RULES – BYE-LAW 2 • Notice of Charge • Only issued if Independent Investigator concludes there is a case to answer • Right to notice of the charge and right to defend oneself • Hearing • Panel of 3 • Place of hearing Lausanne but Chairperson can authorize the hearing to take place anywhere • Usual hearing procedures • Private and confidential • Decision by majority of the panel • Standard of proof – “to the comfortable satisfaction of the Panel”
PROCEDURAL RULES – BYE-LAW 2 • If a breach is found • Panel to recommend sanction(s) • Possible penalties run from a reprimand, a fine, to a life ban • Include return, if applicable, of medals and awards • Factors to be considered detailed: • Remorse • Cooperation • Damage caused, etc. • Whether of young age • Previous record, if any
PROCEDURAL RULES – BYE-LAW 2 • If a breach is found (continued) • Recommendation on penalty • To Executive Council • To General Assembly if an Executive Council Member is involved • Can order a person subject to proceeding to pay costs • Public disclosure if decision is that a breach has been committed • Exception is if Minor
PROCEDURAL RULES – BYE-LAW 2 • If a breach is found (continued) • In event person exonerated, only if he or she consents will there be any public disclosure • Appeal is to CAS • Chair of Ethics Commission may lift confidentiality if: • Proper discharge of Ethics Commission’s functions requires it • Protection of integrity and reputation of ANOC requires it
CHANGES TO CODE OF ETHICS Preamble Shortened • ANOC, its NOCs, and its Continental Associations restate their commitment to the Olympic Charter and in particular its fundamental principles, and reaffirm their loyalty to the Olympic ideal inspired by Pierre de Coubertin • ANOC, its NOCs and its Continental Associations undertake to disseminate the culture of ethics and integrity within their respective areas of competence and to serve as role models • The ANOC Code of Ethics in no way limits any ANOC policies that address in greater detail any of the subjects mentioned. In the event of any conflict, this Code of Ethics prevails.
CHANGES TO CODE OF ETHICS Scope of application clarified • ANOC: Executive Council, ANOC staff, Commissions, consultants, the Ethics Commission, etc. • NOCs: in all their relations with ANOC • Continental Associations: in all their relations with ANOC • Accredited Participants: Beach Games and all other ANOC events • Candidatures: Bid Cities and Bid Committees • Organizing Committees: Beach Games and all other ANOC events. • Continental Associations inserted throughout the text of the Code
CHANGES TO CODE OF ETHICS Confidentiality • Limited to reference to Executive Council • Now dealt with in Ethics Commission Reporting Obligation • Any of the bodies and persons to whom the ANOC Code of Ethics applies has an obligation to report as provided in the ANOC Ethics Commission Bye-Law 1 – Terms of Reference
CHANGES TO CODE OF ETHICS Implementation • Breach does not involve an Executive Council member • The ANOC Executive Council may, subject to the ANOC Constitution, and after consideration of the Ethics Commission decision and recommendation regarding consequences and sanction(s), impose such consequences and sanctions as it determines appropriate for the breach of the Code of Ethics limited to those provided for in the ANOC Ethics Commission Bye-law 2 – Procedural Rules and based on the factors that are to the considered as set forth therein.
CHANGES TO CODE OF ETHICS Implementation • Breach involves an Executive Council member • The Ethics Commission shall refer the matter together with its recommendation regarding consequences and sanction(s) to the ANOC General Assembly, and at the same time report on the matter to the ANOC Executive Council. • The ANOC General Assembly may then, subject to the ANOC Constitution, and after consideration of the Ethics Commission decision and recommendation regarding consequences and sanction(s), impose such consequences and sanctions as it determines appropriate for the breach of the Code of Ethics limited to those provided for in the ANOC Ethics Commission Bye-law 2 – Procedural Rules and based on the factors that are to be considered as set forth therein. • Procedurally dealt with as provided in Article 12.18 of the ANOC Constitution
CHANGE TO CONSTITUTION 13.27 Powers of Ethics Commission, etc.: The Ethics Commission The Ethics Commission, the Executive Council, and the General Assembly shall have the powers necessary to fulfil their respective roles and responsibilities as such are established by Bye-law enacted by the Executive Council.