WIJARA CODE OF CONDUCT Wisconsin Illinois Iowa Junior Alpine Racing Association (WIJARA) is a not-for-profit association. All WIJARA members, board members, employees, coaches, independent contractors, parents, officials, volunteers, athletic participants, and any individual participating in any WIJARA organized activity or event (collectively identified as “Affiliated Individuals”) must agree to conduct themselves according to this Code of Conduct and all other applicable policies. Affiliated Individuals must agree to conduct themselves in a sportsmanlike manner and are responsible, in full, for their behavior and actions while attending or participating in any WIJARA activity. This Code of Conduct is established to ensure that Affiliated Individuals engage in a safe, friendly and respectful environment for competition. Sportsmanlike conduct is defined as but not limited to: respect for competition officials, host hill employees and snow-sport public, fellow WIJARA members, respect for facilities, privileges, operating procedures, the use of courtesy, responsible actions, refraining from profane or abusive language, and abstaining from illegal activity. By signing this code of conduct, a requirement for all Affiliated Individuals, you are agreeing to uphold our Association’s values and expectations. Failure to meet these expectations may result in disciplinary actions as outlined below. CODE OF CONDUCT COMMITMENTS While participating in any WIJARA affiliated activity, all Affiliated Individuals will: 1. Demonstrate Respect for Others, including the treatment of fellow athletes, coaches, officials, volunteers, spectators, general public, and host facility staff. Bullying, harassment, unlawful discrimination, or any other form of inappropriate behavior will not be tolerated. 2. Act in a Sportsmanlike manner, including respect for competitors and final decision by officials. 3. Participate in a safe manner, including adherence to all safety guidelines, gear requirements and control in and out of competition. All participants will report injury or unsafe conditions to team coaches or activity officials. 4. Maintain responsibility for their behavior and those under their direct supervision and control. This includes respect for the physical property of fellow Affiliated Individuals and host facilities. 5. Compete with honesty and integrity, treating all Affiliated Individuals with respect. 6. Spectate in a courteous manner, demonstrating respect for athletes, officials, league staff and volunteers. Unsportsmanlike conduct from spectators including negative comments, inappropriate language, interference with activity, or illegal behavior will not be tolerated. 7. Avoid the use of profane, abusive language, or inappropriate language during all aspects of activity. 8. Any athlete participant using, possessing, buying or selling alcohol, tobacco (including e-cigarettes or other nicotine delivery devices), controlled substances, drug paraphernalia, or performance enhancing drugs, or abusing prescription drugs or legal substances (caffeine/ephedrine pills, nitrous oxide, aerosols) is in violation of the Code of Conduct. 9. Honor and abide by the terms and policies of host facilities. 10. Affiliated Individuals shall not commit a criminal act or engage in any illegal activity. 11. Maintain respect for all individuals. Unlawful discrimination in any form will not be tolerated. Failure to comply with any of the above commitments may lead to disciplinary action by the appropriate WIJARA executive board representatives in accordance with the Conduct Breach section below. Affiliated Individuals have an obligation to report potential or actual violations of this Code of Conduct following the conduct breach reporting requirements. POLICY MODIFICATIONS This Code of Conduct will not cover all possible circumstances, including issues that arise out of foreseeable norm. As such, WIJARA, the Executive Board of Directors and Team Representatives, may change the Code of Conduct as necessary following league bylaws. CONDUCT BREACH A notice of breach by any Affiliated Individual should be submitted to the WIJARA Executive Board of Directors at board@wijara.org within 48 hours of breach occurrence. Investigation: The WIJARA Executive Board will designate an investigator from the Executive Board for each complaint that is processed under the code of conduct procedures. The investigator is charged with conducting an adequate, reliable, and impartial investigation of the relevant allegations. An investigator may be assisted in the investigation by one or more other persons selected by the WIJARA Executive Board. However, the investigator retains ultimate responsibility for the investigation. In the investigation process, WIJARA Executive Board has the burden to conduct an investigation that gathers sufficient evidence, both inculpatory and exculpatory, to make a determination with respect to the allegations. Most typically, this means sufficient evidence to determine whether a violation of the Code of Conduct occurred or did not occur. The parties themselves do not have the burden to affirmatively put forth the evidence that would be necessary to either prove or defeat the allegations. When conducting the investigation, an investigator will: - Reasonably attempt to conduct one or more investigative interviews of the complainant(s), the respondent(s), and such witnesses as the investigator determines may provide relevant evidence that is able to be considered and that is not unduly duplicative.
- Provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence. Witness testimony/statements and other evidence must be relevant and not otherwise impermissible.
a. Neither a party nor, if applicable, any party’s representative or advisor will be permitted to conduct direct, in-person questioning of another party or of any third-party witness at any investigative interview or meeting called by WIJARA Executive Board as part of the code of conduct procedures. b. A party may, if they desire, request that the investigator interview specific persons and/or propose questions to be asked of specific persons. The investigator shall determine whether to attempt to conduct such interviews and ask such questions in light of WIJARA’s burden to gather sufficient relevant evidence, the obligation to conduct an adequate and reliable investigation, and the obligation to provide parties an equal opportunity to present witnesses and evidence. c. If the investigator declines to accept evidence proffered by a party (e.g., due to lack of relevance), then the investigator shall document the reason for that evidentiary ruling. d. Investigations under the WIJARA Code of Conduct procedures are not subject to the rules of evidence that apply in court proceedings. Accepting evidence into the record does not, by itself, constitute a decision that the evidence is relevant, reliable, or persuasive. - Allow the parent or guardian of a party who is a minor or who is otherwise subject to legal guardianship to accompany the party during any investigative interview or other meeting held as part of the investigation to exercise rights on behalf of the party. To the extent that an investigator permits any personal advisor to be present during any investigative interview or other meeting held as part of the investigation, the investigator shall treat all parties equally. The investigator may place reasonable and lawful conditions on any such additional person’s (i.e., parent, guardian, or advisor) presence during the proceedings, including conditions that limit their active participation and conditions intended to appropriately protect confidentiality and privacy.
- Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence, even if relevant, is nonetheless impermissible for use or consideration.
- After the investigator completes the process of gathering evidence and closes the investigation, the investigator will proceed to make the findings and conclusions, including making any applicable credibility determinations, that are necessary to make a determination of the allegations and report the findings to the WIJARA Executive Board of Directors.
- A written determination of all disciplinary actions will be filed with the WIJARA Executive Board of Directors and provided to all parties involved in the investigation and/or upon request to other parties.
Sanction: Affiliated Individuals who engage in a breach of this Code of Conduct may be disciplined as follows, including, but not limited to: 1. Removal from the activity, including competitive events, and other organized activities; 2. Suspension from future activity, including competitive events; 3. Team level disciplinary action; and 4. Forfeiture of WIJARA membership. Each case will be reviewed and voted upon WIJARA Executive Board of Directors; in the event a conflict of interest is present (e.g. affiliated Team breach) the Executive member will be removed from disciplinary disposition. A Tiered system to determine level of severity and disciplinary resolution is in place. Tier designation will be determined based on severity and frequency/quantify of occurrences. 1. Tier 1: a formal warning will be given by a member of the Board and/or Affiliated team leadership. This warning will be recorded with the WIJARA Executive Board of Directors. 2. Tier 2: a severe offense may include immediate dismissal of active WIJARA activity and/or suspension from future activity as voted on by the WIJARA Executive Board of Directors. 3. Tier 3: multiple or severe offense that may result in the immediate termination of WIJARA membership as voted on by the WIJARA Executive Board of Directors. In the Event of activity or membership loss, no return of unused dues will be made and the individual and/or team in question will require review for future membership application. RIGHT TO APPEAL All sanctions will have right of appeal to the WIJARA Executive Board within 14 days of communicated breach. Final disposition of breach designation and disciplinary action will be voted upon by the WIJARA Leadership Board, including a single representative of each team not involved in the conduct breach. |