TERMINOLOGY AND ABBREVIATIONS
ICSD - International Committee of Sports for the Deaf
IOC - International Olympic Committee
WADA - World Anti-Doping Agency
CAS - Court of Arbitration for Sport
Olympic Movement - concerted, organised, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism.
ICSD Congress - an official meeting of representatives of the ICSD Members.
ICSD Representative - any person elected or appointed to any position within the ICSD comprising consultants and advisors.
ICSD Member - Full Member, Associate Member, Regional Member, Regional Deaf Sports Confederation, Provisional Member, Honorary Members and athletes, officials, medical personnel as well as organising committees for the ICSD events, employees and third parties.
Individual - any person under the jurisdiction of the ICSD and bound by the ICSD Code of Ethics.
ICSD event - Summer and Winter Deaflympics, World Deaf Youth Games, World Deaf Championships, World Deaf Youth Championships, ICSD sanctioned competition and any ICSD approved event.
ICSD ETHICS COMMISSION AND ICSD ETHICS OFFICER
The ICSD Ethics Commission will be established after the ICSD Members approve its composition, mission, and responsibilities at the 49th ICSD Congress.
The ICSD Ethics Officer and Commission members shall be bearing recognised competence relating to the domain of sports and/or law and ethics and shall have an adequate legal qualification for the position. The ICSD Ethics Commission members shall be fully independent from the ICSD Representatives, ICSD Members and any other ICSD stakeholders.
The Congress shall appoint an ICSD Ethics Officer among the ICSD Ethics Commission members.
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Duties and Competences
- to ensure that the present Code is respected;
- to investigate complaints and denunciations regarding violations of the rules of the Code;
- to investigate potential breaches of the Code;
- to recommend measures to be taken by the ICSD Tribunal Commission in relation to breaches of the Code;
- to advice and assist with ethical matters, particularly as regards the application of the Code.
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ICSD Tribunal Commission
- The ICSD Ethics Commission is not exclusively competent to adjudicate. The ICSD Ethics Officer shall refer the case to the ICSD Tribunal Commission.
- Subject to any conflict of interests, the ICSD Tribunal Commission shall be composed of one (1) member from the ICSD Ethics Commission, and two (2) individuals with legal expertise. The ICSD Ethics Commission shall nominate one (1) member from the Ethics Commission. And the ICSD Executive Board will roll out a call for the remaining two (2) positions. As a result of this call and nomination, the ICSD Executive Board will appoint the members of the ICSD Tribunal Commission, for a term of four (4) years.
- The members of the ICSD Tribunal Commission shall be fully impartial and independent from any of the individuals concerned. A member of the ICSD Tribunal Commission shall immediately disclose any circumstance which may affect his independence and impartiality with respect to any of the concerned individuals.
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Confidentiality
- The ICSD Ethics Commission shall ensure that all information disclosed remain confidential, in particular, facts of a case, contents of investigations, deliberations, and decisions taken, as well as private personal data. Moreover, the ICSD Ethics Officer shall not make any public declarations regarding ongoing proceedings.
- Neither party shall act or make any statement that may harm, tarnish, or damage the reputation of the other party.
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Obligation to collaborate
- Upon request by the ICSD Ethics Officer, the concerned Individual must provide any information which may be considered as relevant to investigate the potential breach and/or a statement setting out the relevant facts and circumstances around the potential breach.
- Any non-compliance with the obligation to collaborate or any obstruction of an investigation carried out by the ICSD Ethics Commission, including concealing, destroying, or falsifying documents or unduly delaying the production of information and/or documentation that may be relevant to the investigation shall be considered as violation of the present Code.
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Right to be heard
- The parties shall be granted the right to be heard either in person or in writing, and the right to present evidence.
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Evidence
- The ICSD Tribunal Commission may take into consideration any kind of evidence deemed appropriate. The panel shall determine the admissibility, relevance, materiality, and weight of evidence at its discretion.
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Witnesses
- All required measures shall be taken in order to safeguard the interests and personal rights of witnesses and, if necessary, ensure they remain unidentified.
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Independent third body or experts
- After having reviewed the case, the ICSD Tribunal Commission may seek the opinion of an independent third body or experts in the sport law and ethics.
- Upon receipt of the final report and submitted consultation by the independent third body or experts in the sport law and ethics, the ICSD Tribunal Commission shall deliberate and determine which of the sanctions should be imposed.
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Sanctions
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In relation to breaches of the present Code, the Tribunal Commission may impose the following sanctions:
- reprimand;
- fine up to a maximum of USD 10.000;
- return of awards;
- withdrawal of titles;
- suspension;
- ban from taking part in a specific ICSD related activity, event or meeting organised by the ICSD or any of the ICSD Member;
- ban from taking part in any ICSD related activity organised by the ICSD and ICSD Members.
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Conclusion of proceedings
- Once the ICSD Tribunal Commission considers the file has been completed or that all available investigation measures have been taken, the panel shall close the case, and the ICSD Secretariat shall notify the persons concerned of the grounded decision.
- Whenever a decision is taken against a member, special attention should be paid to ensuring an appropriate balance between transparency and privacy protection.
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Appeal
- Decisions by the ICSD Tribunal Commission, except the provisional decisions, can be subject to appeal within 21 days from the receipt of the decision.
- Any decision of ICSD Tribunal Commission may be appealed before the CAS.
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Publication
- The ICSD may publish either the full version or a summary of the decision on the ICSD website.