Policies

Discipline, Complaints, and Appeals Procedures

Nelson Soccer Association

POLICY: Discipline, Complaints, and Appeals Procedures

Updated: October 2025


PART 1 – ADMINISTRATION, RECORDS, STRUCTURE

1. Purpose

The purpose of this Policy is to create a fair, impartial, and transparent complaints, discipline and appeals procedure to be followed by the Ethics & Conduct Review Board in the administration of its duties.

2. Scope

This Policy outlines the complaints, discipline, and appeals operational procedures that the Nelson Soccer Association (“NSA”) will follow when the FIFA Laws of the Game, the Province of BC Universal Code of Conduct Policy, the BC Soccer Conduct and Ethics Policy, or any NSA Code of Conduct are alleged to have been breached.

3. Principles

The NSA will be guided at all times by the principles of procedural fairness and natural justice in the application and administration of this policy.

4. Definitions

The following terms in this policy have the following meanings:

  • “Alternative Measures” – Efforts to redirect behaviour and provide reparation that do not engage the formal Judicial Complaints, Discipline and Appeals Process.
  • “BC Soccer” – The British Columbia Soccer Association.
  • “Board” – The Board of Directors of the Nelson Soccer Association (“NSA”).
  • “Complaint” – A written expression of dissatisfaction made pursuant to this Policy.
  • “Complainant” – The party making a complaint.
  • “Days” – Days refers to working days, not including weekends and holidays.
  • “Ethics & Conduct Review Board Administrator” (“ECRB Administrator”) – An NSA Board Member, appointed by the Board, who receives the complaints and ensures ECRB policy and procedural compliance.
  • “Ethics & Conduct Review Board Chair” (“ECRB Chair”) – A person designated by NSA to perform the duties of an Ethics & Conduct Review Chair as described in this policy. An Ethics & Conduct Review Board Chair must not be a member of the NSA Board.
  • “Ethics & Conduct Review Board” – Any member involved in the administration of this policy and procedure. Including:
    • Ethics & Conduct Review Board Chairs;
    • Ethics & Conduct Review Board Panelists; or
    • Volunteers or Staff engaged by Ethics & Conduct Review Board members.
  • “Ethics & Conduct Mentor” – An NSA Staff Member designated to act as a mentor to players, coaches and/or other members for whom Ethics & Conduct Review Board measures have been engaged.
  • “Ethics & Conduct Review Board Panel” – A panel appointed by the ECRB Chairs to decide a complaint. An Ethics & Conduct Review Board Panel shall be comprised of at least one ECRB Chair and at least two ECRB Panelists. The number of panelists required shall be decided by the ECRB Chairs depending on the severity and complexity of the complaint(s).
  • “Ethics & Conduct Review Board Panelist” (“ECRB Panelist”) – An individual selected by the NSA Board to sit on a list of potential ECRB Panelists.
  • “Ethics & Conduct Review Board Panelist Pool” – A pool of panelists from which the ECRB Chairs can select Ethics & Conduct Review Board panelists. This pool shall consist of no less than six individuals at any time.
  • “ITP Sport” – Independent Third Party Sport & Recreation Inc., an agent of BC Soccer responsible for administering complaints falling under the jurisdiction of BC Soccer.
  • “Mandatory BC Soccer Proceedings” – Has the meaning set out in Section 12 of this policy.
  • “NSA” – Nelson Soccer Association.
  • “Respondent” – The party responding to the complaint.
  • “Sanctioning Tables” – The Sanctioning Tables contained in BC Soccer’s Discipline, Complaints and Appeals Operational Procedures.
  • “Third-Party Investigator” – A person appointed by the Ethics & Conduct Review Board Chairs who is tasked with investigating a complaint. The Third-Party Investigator may be a member of the NSA Board but must not have a conflict of interest in the complaint and cannot sit on the ECRB Panel of any matter in which they were involved as an investigator.

5. Ethics & Conduct Review Board Chairs

  1. There shall be two Ethics & Conduct Review Board Chairs at all times.
  2. ECRB Chairs shall be appointed for a term of two years by the NSA Board via consensus vote.
  3. ECRB Chairs must not serve on the NSA Board, committee(s), or advisory groups.
  4. ECRB Chairs act as an independent unit. Except where otherwise specified in this policy, ECRB Chairs have the discretion to divide the ECRB Chair responsibilities as they consider appropriate.

6. Ethics & Conduct Review Board Administrator

  1. The Ethics & Conduct Review Board Administrator must be a Board Member of the NSA.
  2. The ECRB Administrator will be appointed by the NSA Board.
  3. The ECRB Administrator has responsibilities that include, without limitation:
    1. ensuring procedural fairness;
    2. monitoring compliance with the NSA Discipline, Complaints, and Appeals Policy and Procedures; and
    3. Respecting the applicable timelines.
  4. The ECRB Administrator may be consulted at any point in a proceeding but their role is limited to procedural guidance and operational compliance. The ECRB Administrator shall not form a part of any substantive decision-making process or weigh in on the substantive merits of a case.
  5. The NSA Board shall also appoint an ECRB Alernate Administrator who can act in support of or in the absence of the ECRB Administrator. The ECRB Alternate must also be a Board Member of the NSA.

7. Ethics & Conduct Review Board Panelists

  1. Ethics & Conduct Review Board Panelists can be added to the pool of panelists with approval from the NSA Board.
  2. ECRB Panelists may be members of the NSA in other capacities but remain bound by the conflict of interest principles set out in sections 10 and 22 of this policy.
  3. The NSA will strive to maintain a pool of at least six ECRB Panelists at all times.
  4. ECRB Panelists must be at least 18 years of age.
  5. The NSA will strive to maintain a pool of panelists with various associations to the NSA membership including, but not limited to, those that are independent of the NSA, adult players, volunteers, and parents of youth house and rep player(s).
  6. The NSA will strive to maintain a pool of panelists that is diverse, including but not limited to, race, ethnicity, indigeneity, gender, gender identity, gender expression, sex, sexual orientation, age, social class, physical ability or attributes, religion, national origin, athletic ability, ancestry, colour, citizenship, creed, disability, family or marital status etc.

8. Technical Expertise

  1. The Ethics and Conduct Review Board may consult an individual outside of the ECRB for their technical expertise regarding field of play conduct and rules of the game.
  2. Experts may include the NSA Technical Director or NSA Head Referee.

9. Confidentiality

  1. Members of the Ethics & Conduct Review Board will ensure that everything disclosed to them during the course of their work, including but not limited to the facts of the case, the contents of their deliberations, and the decisions taken, remains confidential with the exception of publicly posted decisions or outcomes, as determined on a case by case basis, in accordance with the NSA Discipline, Complaint and Appeals procedures.
  2. When a complaint is received the ECRB Chairs will consult with the Complainant and any other witness as to their comfort level with disclosing their identity. Where a Complainant wishes to remain anonymous, the ECRB will respect their wishes.

10. Conflict of Interest

  1. Members of the Ethics & Conduct Review Board must decline to participate in any matter in which they have a real or perceived conflict of interest.
  2. Members who decline to participate in a matter on any of the above grounds must notify the ECRB Chairs or Administrator immediately.
  3. The parties subject to any proceeding before the Ethics & Conduct Review Board can also raise an objection where there is a perceived conflict of interest.
  4. The ECRB Chairs bear the responsibility of deciding on any claim of bias or conflict of interest.
  5. The ECRB Chairs shall consult the ECRB Administrator with respect to application of the rules of bias or conflict of interest.

11. Partner Organization in Conflict of Interest

  1. Where a conflict of interest rises to such a level that the ECRB Chairs and Administrator decide that the complaint cannot be dealt with within the Nelson Soccer Association, the ECRB Administrator shall reach out to our partner organization to engage their services in dealing with the complaint.
  2. Where the matter is referred to the Partner Organization, the Partner Organization will follow this Policy (the NSA ECRB Process).
  3. The ECRB Administrator shall remain involved in the complaint to the extent needed to liaise with the Partner Organization and ensure policy and procedural compliance.

12. Records

  1. The NSA shall retain records of all complaints, proceedings, decisions, and reports.
  2. The Ethics and Conduct Review Board Records shall be kept in digital form in a confidential location that is accessible only to the ECRB Administrator and the NSA Board Chair.
  3. The ECRB Administrator is entitled to share relevant records from ECRB records with the ECRB where the records are relevant to the proceeding.
  4. The ECRB Chairs shall complete a File Closing Survey upon completion of every ECRB process. The File Closing Survey will document the following:
    1. The names of the parties involved;
    2. The names of the ECRB members involved in the administration of the complaint;
    3. The process followed;
    4. The sanction imposed (if any);
    5. Lessons learned;
    6. The length of time from receipt of complaint to resolution; and
    7. Whether diversity, equity or inclusion concerns (“DEI”) formed a part of the complaint.
  5. The ECRB Administrator shall provide an annual summary report to the NSA Board reflecting, at minimum, the following:
    1. The number of complaints received;
    2. The processes engaged;
    3. The average length of time from receipt of complaint to resolution;
    4. Statistics with respect to DEI concerns; and
    5. A summary of lessons learned.

PART 2 – REPORTING & JURISDICTION

13. Reporting a Complaint

  1. All complaints must be reported directly in writing to the Ethics & Conduct Review Board at ecrb@nelsonsoccer.ca. This email address is monitored solely by the ECRB Administrator.
  2. Reports may be submitted using the appropriate forms or via email. Where a Complainant is unable to commit their complaint to writing, an NSA representative may assist.
  3. Where complaints are sent to other NSA staff, board members, coaches, managers, volunteers, players, or any other member of the NSA, the individual receiving the complaint will request permission from the Complainant to forward their complaint to the Ethics & Conduct Review Board.

14. Timing of Complaint

Individuals are encouraged to report all complaints as soon as possible after experiencing or witnessing the interaction, incident, behaviour, event, or situation of concern.

15. Receipt of Complaint

The Ethics & Conduct Review Board Chairs or the ECRB Administrator shall respond to the Complainant, acknowledging receipt of the complaint, within 48 hrs of receiving the complaint.

16. Notice of Complaint

The Ethics & Conduct Review Board Chairs or the ECRB Administrator shall contact the Respondent to advise them that they are the subject of an allegation that has been received by the ECRB and provide the Respondent with a general summary the allegation within 7 days of receiving the complaint.

17. Jurisdiction

  1. The ECRB Chairs will determine whether the complaint is within the jurisdiction of this policy or whether the complaint will be referred directly to BC Soccer, via ITP Sport.
  2. As per BC Soccer’s Complaints, Discipline and Appeals Operational Procedures, any person or organization reported for misconduct and all allegations of misconduct involving any of the following must be dealt with by a Judicial Body of BC Soccer:
    1. Complaints or inquiries referred to it by another Provincial Association.
    2. Discipline at competitions and events directly managed and organized by BC Soccer (BCSPL and BC provincial championships).
    3. Maltreatment as defined by the BC Universal Code of Conduct, with consideration to the criteria as outlined in the Discipline, Complaint and Appeals procedures as amended from time to time.
    4. Offenses involving alleged physical assault, attempted physical assault, or threatening behavior or alleged physical contact with Match Officials or attempted physical contact with Match Officials.
    5. Misconduct by an Association Official within a Members Organization (even if participating in another capacity).
    6. Violations of the BCSA Governing Documents by a member organization of BCSA.
    7. All misconduct against Youth by adults that includes but is not limited to:
      1. Consuming alcohol or drugs or smoking in proximity to Youth
      2. Being under the influence of alcohol or drugs while in the proximity of Youth
      3. Threatening remarks to a Youth
      4. Improper or unwanted Physical Contact with a Youth
      5. Coercion, suggesting, facilitating, or demanding Youth to undertake unethical activity or breaks rules
      6. Lewd or improper behaviour towards youth or in the proximity of Youth
      7. Endangerment of Youth
      8. Failure to provide a safe environment for Youth
      9. Dissent towards Youth Official
      10. Offensive, insulting or abusive language and / or gestures to a Youth, Youth Official or in the proximity to Youth Use of profanity to a Youth.
    8. Any other matter directly related to BC Soccer which the Judicial Body of BC Soccer, in their sole discretion, chooses to handle.

    (hereinafter referred to as “Mandatory BC Soccer Proceedings”).

  3. Where necessary, the Ethics & Conduct Review Board Chairs may consult the Ethics & Conduct Review Administrator and/or the NSA Executive Director in determining jurisdiction.
  4. Where a complaint falls outside of the jurisdiction of the NSA, the Ethics and Conduct Review Board Administrator will offer to act as a support person and liaison in assisting the Complainant to navigate the appropriate judicial process.

PART 3 – ALTERNATIVE MEASURES

18. Considerations

  1. Before engaging the Formal Ethics & Conduct Review Judicial Process, the Ethics & Conduct Review Board Chairs shall first consider whether the complaint can be dealt with via alternative measures.
  2. In deciding whether to engage in alternative measures the ECRB Chairs may consider:
    1. The age and maturity level of the Respondent;
    2. The severity & impact of the alleged conduct;
    3. The need for specific or general denunciation and deterrence;
    4. Any previous documented behavioural history of non-compliance of the Respondent;
    5. Engagement of Alternative Measures for previous incidents; and
    6. Time and resources.
  3. Where the ECRB Chairs are considering the appropriateness of Alternative Measures they may engage the appropriate staff or volunteers to:
    1. Provide advice and insight;
    2. Carry out or assist in the implementation of alternative measures.
  4. Alternative Measures outcomes may include, but are not limited to:
    1. A mediated discussion between the parties;
    2. Individual, group, or team meetings with appropriate staff or volunteers to redirect conduct or behaviour;
    3. A letter or expression of apology;
    4. Referral to alternative educational resources; or
    5. Other reasonable alternatives or measures that are consistent with the objectives of the Nelson Soccer Association.

19. Ethics & Conduct Mentor

  1. The NSA will designate at least one staff member to act as an Ethics & Conduct Mentor.
  2. The Ethics and Conduct Mentor may be engaged in and assist in the implementation of Alternatives Measures as per section 18(3) or in the sanctioning processes outlined in section 36.

PART 4 – FORMAL ETHICS & CONDUCT REVIEW – JUDICIAL PROCESS

20. Process

  1. Where the ECRB Chairs determine that a formal judicial process is required, they will determine and outline the process that will be followed. This decision shall include consideration of the severity and complexity of the allegations as well as the concept of procedural fairness.
  2. Available processes include:
    1. Division 1- In-Writing; or
    2. Division 2 – Oral – Via Video-conference or In-person.
  3. The procedures for each of the available processes outlined in section 20(2) are set out in the Regulations to this Policy.
  4. The Respondent shall be informed of the process that has been selected by the ECRB Chairs and provided with a copy of the Regulation pertaining to that process.
  5. The ECRB Chairs may consult the ECRB Administrator in determining the appropriate process and throughout the process itself.
  6. The ECRB Administrator can provide guidance on process but cannot weigh in on the merits of the case.
  7. This decision cannot be appealed.

21. Notice

  1. The ECRB Chairs shall notify the Respondent of the complaint as per section 16 and advise the Respondent of the process selected by the ECRB Chairs once that information is available.

22. Convening an Ethics & Conduct Review Board Panel

  1. Regardless of the type of process selected, the ECRB Chairs shall convene an Ethics & Conduct Review Board Panel of no less than two additional panel members to adjudicate the process.
  2. Panel members may be drawn from a pool of panel designates but shall not have any conflict of interest or association to the parties involved in the complaint.

23. Panelist Conflict of Interest

  1. Conflict of interest shall be considered in the selection of Ethics & Conduct Review Board Panelists.
  2. Panelists have a duty to evaluate whether they have a personal or perceived conflict of interest that could result in an apprehension of bias.

24. Disclosure of Ethics & Conduct Review Board Panelists

The Respondent shall be informed of the identities of the Ethics & Conduct Review Board Panelists and be offered an opportunity to advise if they have any reason to believe that a conflict of interest exists.

25. Investigation

  1. The Ethics & Conduct Review Board Panel will take appropriate steps to investigate and acquire any further relevant information related to the complaint.
  2. This may include:
    1. Obtaining further details from the Complainant;
    2. Soliciting additional written or audio statements from other witnesses; or
    3. Gathering other real evidence e.g. photographs, videos, documentary evidence or recordings.

26. Third-Party Investigator

  1. If deemed necessary, the ECRB Panel may appoint a third-party investigator to determine facts relevant to the complaint.
  2. A third-party investigator may be drawn from the ECRB Panelist Pool but a third-party investigator shall not sit on the same ECRB panel in which they act as an investigator.

27. Disclosure

  1. Once the complaint is received and additional information gathered, the ECRB Chairs will provide the complaint, or a summary of the complaint, to the Respondent.
  2. Disclosure may be provided in, but not limited to, the following formats:
    1. Summary of information provided in the complaint(s);
    2. Vetted statements;
    3. Copies of real evidence e.g. photographs, videos, documentary evidence or recordings; or
    4. Audio/video recorded statements.
  3. The format of disclosure shall be decided by the Ethics & Conduct Review Board Panel.
  4. This decision cannot be appealed.

28. Opportunity to Respond

  1. The Respondent must have the opportunity to respond to the charges.
  2. The format and timing within which the Respondent responds shall be determined by the Ethics & Conduct Review Board Panel in accordance with the selected process and the Regulations.

29. Standard of Proof

Findings shall be made on a standard of balance of probabilities.

30. Reasons

  1. The Ethics & Conduct Review Board will issue written reasons for its decisions.
  2. Reasons shall include the findings of fact made by the ECRB Panel, the evidence relied upon in making those findings, application of those findings to the relevant Rule(s), and the end result.

31. Immediacy

In the event that it is considered appropriate or necessary on the basis of the circumstances, immediate discipline or the imposition of an interim suspension or other sanction may be imposed.

32. Retaliation

  1. Retaliation is prohibited.
  2. It is a violation of this policy to retaliate in any way against:
    1. a complainant;
    2. a witness;
    3. a member of the Ethics & Conduct Review Board;
    4. a third-party investigator;
    5. anyone else that has participated in the incident, investigation or hearing process.

PART 5 – SANCTIONING

33. Fundamental Principle

Sanctioning is an individualized process. Any sanction imposed must be proportionate to the gravity of the infraction and the degree of responsibility of the Respondent.

34. Parity

A sanction should be similar to sanctions imposed on similar offenders for similar infractions committed in similar circumstances

35. Other Sanctioning Principles

  1. The Ethics & Conduct Review Board Panel that imposes a sanction shall take into consideration the following principles:
    1. A sanction should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the infraction or the individual circumstances of the Respondent, including:
      1. The nature and duration of the Respondent’s relationship with the complainant, including whether there is a power imbalance;
      2. The Respondent’s prior history, prior sanctioning, and any pattern of inappropriate behavior or maltreatment;
      3. The ages of the individuals involved;
      4. Whether the Respondent poses an ongoing and/or potential threat to the safety of others;
      5. The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the violation, and/or cooperation in the process;
      6. Any efforts made by the Respondent towards rehabilitation or reparation;
      7. Real or perceived impact of the incident on the Complainant and/or the NSA and its member organizations;
      8. Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training regarding the requirements in this Policy, addiction, disability, illness etc.).
  2. Any single factor, if severe enough, may be sufficient to justify the sanction(s) imposed. A combination of several factors may justify reduced, elevated, or combined sanctions.

36. Available Sanctions

The following sanctions may be applied singularly or in combination:

  1. Verbal or Written Warning – A verbal reprimand or an official, written notice and formal admonition that the Respondent has violated a rule(s) and that more severe sanctions will result should the individual be involved in other violations.
  2. Education – The requirement that the Respondent undertake specified educational or similar remedial measures to address the violation(s) of the rules and regulations at their own expense where applicable.
  3. Guidance & Mentorship
    1. For youth players, the Ethics & Conduct Review Board Panel may appoint a staff member or volunteer to act as a mentor/ guide in addressing the underlying behaviour that brought the Respondent before the Ethics & Conduct Review Board.
    2. This guidance will be imposed for a specified length of time, during which the guide/ mentor and/or the youth involved may be asked to report back to the Ethics & Conduct Review Board Panel with respect to any efforts or progress made.
  4. Probation – A period within which the Respondent is subject to continued additional oversight. This may include loss of certain privileges or other conditions, restrictions or requirements as deemed appropriate by the Ethics & Conduct Review Board Panel.
  5. Suspension – Suspension, either for a set time or until further notice, from participation, in any capacity, in any activity.
    1. A suspended individual is eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the individual satisfying specific conditions noted at the time of the suspension.
  6. Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under certain conditions.
  7. Permanent Ineligibility – Permanent ineligibility to participate, in any capacity, in any activity. This sanction may not be imposed on a youth player.

37. Field of Play Sanctions

Field of Play sanctions will follow the BC Soccer Sanctions Table in the most up to date BC Soccer Discipline, Complaints, and Appeals Policy.

38. Commencement of Sanctions

  1. Unless the Ethics & Conduct Review Board Panel decides otherwise, sanctions will begin immediately and timelines will be provided for fulfillment of other sanctions (such as a written apology or education program).
  2. Failure to comply with a sanction as determined by the ECRB Panel will result in an automatic suspension until such time as compliance occurs.

PART 6 – APPEALS

39. Right to Appeal

  1. Decisions by the Ethics & Conduct Review Board may be appealed.
  2. The Respondent shall be made aware of their right to appeal when the original decision is rendered.

40. Notice of Appeal

  1. Any party intending to appeal must provide a written statement setting out their grounds of appeal to the Ethics & Conduct Review Board Chairs within ten (10) business days of receiving reasons on the decision being appealed. The written application to appeal must contain the:
    1. Decision being appealed;
    2. Grounds for appeal;
    3. Statement of facts;
    4. Rule or regulation that has been contravened;
    5. Remedy sought.
  2. Where the Ethics & Conduct Review Board Chairs deem it appropriate, Notice of Appeal shall also be served upon the individual or group against whose decision the appeal has been filed.

41. Appeal Panel

  1. The Ethics & Conduct Review Chairs will appoint a three-person Appeal Panel to review all appeals.
  2. If an individual on this panel is in a position of conflict, or was involved in the original decision, another individual will be appointed for that appeal.
  3. The Appellant shall be provided notice that an Appeal Panel has been selected and provided with the names of the Panelists.

42. Submissions

  1. Appellate submissions shall be done in writing.
  2. Except where otherwise permitted by the Appeal Panel, the Notice of Appeal shall form the basis for the Appellant’s written submissions for the Appeal.
  3. Where the Appellant wishes to provide additional submissions (beyond those set out in the Notice of Appeal), they shall do so within five (5) business days of being notified that an Appeal Panel has been selected.
  4. Where it deems necessary, the Appeal Panel may request further information of the parties either in oral or written form. This decision lies solely in the discretion of the Appeal Panel.

43. Standard of Review

  1. The Standard of Review is one of reasonableness.
  2. A reasonable decision is based on internally coherent reasoning and is justified in light of the facts and the applicable rules.
  3. The reasonableness standard recognizes that there may be more than one reasonable interpretation or more than one reasonable possible result. On this standard, the Appeal Panel will not interfere with a decision they consider reasonable, even if the Panel themselves might have come to a different decision.

44. Remedies

The Appeal panel will either uphold the original decision or modify the original decision as it decides appropriate.


Ethics & Conduct Review Judicial Process Regulation

Division 1 – Judicial Process for Written Hearing

Step 1 Complaint received in writing.
Step 2 ECRB Chairs or ECRB Administrator responds to the Complainant acknowledging receipt within 48 hrs. ECRB Chairs or ECRB Administrator notify the Respondent of the complaint within 7 days of its receipt.
Step 3 ECRB Chairs request any further follow-up or details from the complainant(s) or other identified witnesses in writing. Step 3 may also include gathering any other evidence that the ECRB Chairs are aware of e.g. photographs, video, or documentary evidence.
Step 4 ECRB Chairs determine that a written hearing is appropriate (see section 20).
Step 6 & 7 Having determined the names of the parties and the alleged incident(s), the ECRB Chairs select an unbiased panel of at least two additional panel members from the pool of Ethics & Conduct Review Board Panelists (the “Ethics & Conduct Review Board Panel”). In inviting panel members to participate, the ECRB Chairs will provide each potential panelist with a list of the parties and potential witnesses involved as well as a basic summary of the allegations such that the panelist can evaluate whether they have a conflict of interest in being a member of the panel.
Step 8 Once the ECRB Panel is selected, the Panel meets to discuss whether any further investigation is required.
Step 9 The Respondent is provided a list of the named panelists and given an opportunity to respond with respect to potential conflicts of interest.
Step 10 The ECRB Panel compiles any further evidence obtained and discloses any additional evidence or allegations to the Respondent that was not previously disclosed.
Step 11 The Respondent is given a specified time period within which to respond to the allegations in writing.
Step 12 The ECRB Panel meets to consider all of the evidence and evaluate whether there has been a breach.
Step 13 The ECRB Panel commits its decision, with reasons, to writing.
Step 14 The ECRB Panel decides on the appropriate sentence or sanction(s) and communicates this decision, along with the reasons for the finding of breach, to the parties, in writing.

Division 2 – Judicial Process for Oral In-person or Video-Conference Hearing

Step 1 Complaint received in writing.
Step 2 ECRB Chairs or ECRBA respond to the Complainant acknowledging receipt within 48 hrs. ECRB Chairs or ECRB Administrator notify the Respondent of the complaint within 7 days of its receipt.
Step 3 The ECRB Chairs request any further follow-up or details from the Complainant(s) or other identified witnesses. Step 3 may also include gathering any other evidence that the ECRB Chairs are aware of e.g. photographs, video, or documentary evidence. Where necessary the ECRB Chairs may appoint a third-party investigator to conduct an investigation. Note: a third-party investigator can be appointed at any stage of the proceeding including by the ECRB Chairs before or by an ECRB Panel after it has been selected (see Step 8).
Step 4 Where a person has been identified as a culpable party, the ECRB Chairs send written correspondence to the Respondent advising them that they have been cited as the subject of a complaint and provide them with a brief summary of the allegations made against them.
Step 5 ECRB Chairs determine that a viva voce (oral) or virtual hearing is appropriate (see section 20).
Step 6 Having determined the names of the parties and the alleged incident(s), the ECRB Chairs select an unbiased panel of at least two additional panel members from the pool of ECRB Panelists.
Step 7 In inviting panel members to participate, the ECRB Chairs will provide each potential panelist with a list of the parties and potential witnesses involved as well as a basic summary of the allegations such that the panelist can evaluate whether they have a conflict of interest in being a member of the panel.
Step 8 Once the ECRB Panel is selected, the Panel meets to discuss whether any further investigation is required. This may include the appointment of a third-party investigator.
Step 9 The Respondent is provided a list of the named panelists and given an opportunity to respond with respect to potential conflicts of interest.
Step 10 – Disclosure The ECRB Panel compiles any further evidence obtained and discloses any additional evidence or allegations to the Respondent that was not previously disclosed. The manner in which disclosure is provided (a summary of allegations or vetted statements) remains within the discretion of the Panel.
Step 11 – Notice of Hearing Notice of the day, time, type (in-person v virtual), and place of the hearing is given to all parties at least ten (10) business days prior to the scheduled hearing. A request to postpone a hearing will be granted if the request is received no later than five (5) business days prior to the hearing date. Requests to postpone within five (5) business days will be considered but may not be granted. An individual who requests to reschedule their hearing more than once may be suspended until such time that they attend a hearing at the discretion of the appointed Ethics & Conduct Review Board Panel.
Step 12 – Materials Copies of any written documents which the parties wish to have the Ethics & Conduct Review Board Panel consider will be provided to all Parties and the Panel, in advance of the hearing.
Step 13 – Attendance at hearing The Ethics & Conduct Review Panel may request a complainant, witness or author of a misconduct report to attend a hearing. The requested party may decline to attend. The Respondent and/or their representative must be present, or the hearing will not proceed unless the right to a hearing has been waived in writing. A Respondent who refuses to attend, waives their right to participate, fails to attend, fails to respond to a hearing notification within 10 business days, or who walks out of a discipline hearing, preventing an Ethics & Conduct Review Board Panel from rendering a decision on the case, will stand suspension until such time they make a written request for another hearing and appear at a scheduled subsequent hearing.
Step 14 – The Hearing Oral proceedings of the Ethics & Conduct Review Board will be closed to individuals who are not named parties, advisors or representatives unless all parties involved in the proceedings agree to admit the individual(s). At the hearing all parties will be given an opportunity to make submissions to the panel and/or call evidence. Am Ethics & Conduct Review Board Chair shall read the complaint and clearly state the charge. The complainant, if present, must be given an opportunity to comment on or to add any qualifications to the complaint. The Respondent must be allowed to ask relevant questions and to make submissions and statements on their own behalf. All questions must be directed to the Ethics & Conduct Review Board Panel. The Ethics & Conduct Review Board Panel can allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the complaint, but can exclude such evidence that is irrelevant, unrelated, unduly repetitious, and must place such weight on the evidence as it deems appropriate. Ethics & Conduct Review Board Panelists may question the Complainant and the Respondent, and any witnesses invited to participate. The Complainant and the Respondent will be invited to make summary/closing submissions.
Step 15 – Decision After hearing the matter, the Ethics & Conduct Review Board Panel will reach a decision as to whether an infraction has occurred and if it has, what the sanction should be. The decision will be by a majority vote. The Ethics & Conduct Review Board Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. If the Ethics & Conduct Review Board Panel is in need of more time to consider the evidence presented and decide the case it shall do so within a specified timeline. This timeline is to be communicated to the parties. For match-related infractions, where the expected outcome is 5 Matches or less, decision will be provided within three (3) business days of the completion of the hearing. For all other infractions, the final decision will be provided no later than 30 days following the hearing. The Ethics & Conduct Review Board Panel will issue a written decision including reasons for distribution by the Ethics & Conduct Review Board Chairs to the Respondent, the complainant, the Executive Director, and the Chair of the NSA.
Step 16 – Appeal Both the Complainant and Respondent will be given a written record of the decision or advised that further consideration is required, and a decision letter will be provided to them that includes the specific Rights of Appeal information. If a sanctioned individual or group appeals a decision, they are required to abide by the decision while the appeal process is pending unless a temporary stay of decision is granted by the Ethics & Conduct Review Board Panel which prevents the decision from taking effect until the appeal is decided.
Step 17 – Right reserved to re-hear The Ethics & Conduct Review Board Panel has the right to call a new hearing and re-hear any case if new evidence is brought forward at a later date.