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The Complaints, Disputes and Discipline Policy: What’s it about?

In recent months, ASAPD has been introducing members to the policies of the National Integrity Framework (NIF), a commitment we’ve made alongside  numerous National Sporting Organisations (NSOs) and National Sporting Organisations for people with Disability (NSODs) across Australia’s sporting community. This month, our focus is on the final and central policy within this framework: The Complaints, Disputes and Discipline Policy (CDDP). The Complaints, Disputes and Discipline Policy can also be explored in video format at the following links:

Central Concepts in the CDDP

The CDDP is the policy which acts like glue to hold all the other policies together, providing a framework for managing and resolving complaints and disputes, as well as outlining procedures disciplining  individuals found to have breached the rules. Several key concepts are essential to understand within each policy, including the CDDP itself.

  • Prohibited conduct: Actions or behaviours deemed unacceptable during activities organised or sanctioned by us at ASAPD. Prohibited conduct is specifically defined or prescribed under any of the five (5) NIF policies adopted by ASAPD, which include the Safeguarding Children and Young People Policy, Competition Manipulation and Sport Gambling Policy, Improper Use of Drugs and Medicine Policy, Member Protection Policy or the Complaints, Disputes and Discipline Policy. Each of these policies has accompanying video explainers, as well as videos in Auslan.
  • Complaint: A formal written submission alleging prohibited conduct by a respondent. Complaints cannot be anonymous. (cl. 6.1)
  • Sanction: An action taken against an individual found to have breached a NIF policy.
  • Dispute: Arises when there is a conflict between two or more parties regarding a situation. This could involve a member and another member, a member and a group, a member and the Board, or disputes between Board members.

The purpose of this policy is to hold individuals or sporting organisations accountable for their misconduct or wrongdoing and to outline how they will be held accountable for their actions.

I Think a Policy Has Been Breached – What Do I Do?

If you suspect a breach of any NIF policy, it is crucial to file a complaint with us at ASAPD. To facilitate appropriate actions, there are several key pieces of information we require in your complaint:

  1. Date of Incident: Specify when the conduct you believe constitutes a breach of policy occurred.
  2. Subject of the Complaint: Identify the individual or organisation the complaint is about.
  3. Recipient of the Conduct: Clarify who the conduct was directed towards(e.g., yourself or someone you support)
  4. Nature of the Conduct: Describe the specific conduct you believe breaches the policy.
  5. Policy Breached: Indicate which policy you believe was violated.
  6. Supporting Evidence: Provide any witness accounts or relevant documents that can substantiate the complaint of a policy breach.

Before submitting your complaint, it may be beneficial to jot down brief answers to these questions on paper or a computer document to ensure clarity.

We understand that instances of poor behaviour may have occurred repeatedly or over an extended period. In such cases, it may be challenging to pinpoint an exact date of the initial breach..  We ask that you make your best effort to estimate the date of the first breach and provide  dates for subsequent breaches to the best of your ability.

I Think a Policy Has Been Breached – Who Do I Complain To?

For serious instances of misconduct, an independent complaint-handling body called Sport Integrity Australia (SIA) is available. Complaints related to breaches of the Safeguarding Children and Young People Policy or complaints regarding  Discrimination should be directed to SIA. You can submit these  complaints through this link. Please note that only matters occurring after our signing of the NIF on 19 September 2023 can be reported to SIA.

For matters unrelated to safeguarding concerns or discrimination, or incidents occurring before our NIF signing, complaints should be addressed to us at ASAPD. You can reach us at NIM@asapd.org, or submit a complaint via our website.

Complaints to SIAComplaints to us

• Misconduct with a child or young person.

• Sexual behaviour with or around a child or young person.

• Shaming, humiliating, intimidating or belittling a child or young person.

• Causing a child or young person physical pain or discomfort.

• Breaching the Child/Young Person Safe Practices.

• Supplying of drugs or alcohol to a child or young person.

• Discrimination based on: – race or ethnicity – age – disability – sex or sexual orientation – religion.

• Doping (managed under the sport’s Anti-Doping Policy).

 

YOU MUST REPORT TO SIA IF IT INVOLVES A CHILD OR YOUNG PERSON.

• Abuse, bullying or harassment between adults.

• Victimisation of an adult.

• Sexual Misconduct between adults.

• Match, race or competition fixing and other types of Competition Manipulation.

• Supplying inside information for the purposes of gambling.

• Betting by members on their own sport.

• Unlawful use or provision of over the counter or prescription drugs or supplements.

• Use, possession or trafficking of illegal drugs.

• Concealing information about Prohibited Conduct.

• Selection and eligibility disputes.

• Competition Rules disputes.

• Code of Conduct breaches.

• Social Media Policy breaches.

• Governance misconduct.

• Employment disputes.

• Complaints that are solely a Personal Grievance.

• Whistleblower disclosures.

• Any conduct that occurred before your sports commencement date.

• Any other policies that your sport has.

If you are uncertain whether to file a complaint with Sport Integrity Australia or us, you can contact  SIA directly on 1300 027 232. They will offer further guidance on the most appropriate body to address your complaint.

Further Information

As we conclude our NIF policy blogs, ASAPD remains committed to providing ongoing information and education on various NIF policies and areas of concern through our newsletters and social media channels. You can catch up on any previous blogs via the News section of our website and we encourage you to join our social channels and subscribe to our newsletter. If you have suggestions for other topics you’d like us to cover, please don’t hesitate to contact us via NIM@asapd.org.

Additionally, we’d like to remind you that SIA offers a range of free e-learning short courses on each of the topics. These courses can be completed at your own pace and can be accessed by registering here. They serve as excellent  professional development opportunities for athletes, coaches, volunteers and staff. While participation in these courses is not mandatory for every member in our organisation, completing them signifies our dedication to ensuring the safety of our community and contributes to the broader safety of the Australian sporting community. It’s about embracing the idea that ‘knowledge is empowering’ rather than adhering to the old adage ‘knowledge is power’.