Swim Ontario Communication the Membership - DSC Disciplinary Settlement
Swim Ontario announces that it has reached a disciplinary settlement with Dolphins Swim Club (DSC) in their dispute regarding DSC involvement with a banned individual.
The disciplinary settlement relates to the entire 2011-12 season and includes a period of suspension (January 2012 to May 2012) and probation (balance of the 2011-2012 season) and also reflects the first time a disciplinary fine ($2,500) has been handed out to a Swim Ontario member club.
Swim Ontario received a complaint relating to club member Dolphins Swim Club (the “Club”). The complaint concerned the Club’s interactions with an individual that was subject to lifetime ineligibility for a “doping-related infraction” that made him ineligible to participate in any role and in any competition or activity sanctioned by Swimming Natation Canada or Swim Ontario.
All Swim Ontario members are required to recognize, honour and uphold such a suspension. In addition, Swim Ontario and the Club had agreed as part of a probationary arrangement relating to the settlement of a previous complaint against the Club that no person under such a ban may be involved in any operations of the Club, including any administrative, managerial, volunteer, mentoring or other activity with the Club or any member of the Club while engaged in Club activity.
Swim Ontario also received a complaint relating to the Club’s compliance with certain swim competition sanctions granted by Swim Ontario.
A Panel was convened and the complaints were processed as potential “major infractions” for the purposes of the hearing before the Panel. Swim Ontario and the Club agreed to settle the matter before the hearing was concluded on the following basis set out below. For greater certainty, this settlement agreement applies to Swim Ontario and the Club, and does not apply to or affect the rights, obligations, status or benefits that any individual coach or swimmer member may be entitled to or subject to pursuant to Swim Ontario’s by-laws:
- The Club’s membership in Swim Ontario is suspended for a period commencing January 1, 2012 and ending May 31, 2012 (the “Suspension Period”). During the Suspension Period, the Club may not exercise any rights or benefits available to a club member of Swim Ontario, including, but not limited to, the following: (a) participating in any competition or activity sanctioned by Swimming Natation Canada or Swim Ontario; (b) accessing Swim Ontario’s insurance policies; and (c) exercising applicable member voting rights;
- The Club’s membership in Swim Ontario will be subject to probationary status for the period commencing on September 1, 2011 and ending on December 31, 2011 and, in addition, for the period commencing June 1, 2012 and ending August 31, 2012 (the “Probation Periods”). During the Suspension Periods and Probation Periods, the Club will (a) provide Swim Ontario with complete copies of all facility booking arrangements; (b) provide Swim Ontario with timely reporting detailing all Club workout activities and the coaches in attendance at such workouts, such detailing being the places, times and coaches present at the workouts; and (c) allow Swim Ontario to observe any Club activity;
- The Club will pay Swim Ontario a fine of $2,500 due and payable on or before September 1, 2011;
- During the Suspension Period and the Probation Periods, the Club may not associate with any person subject to ineligibility for a “doping-related infraction” and may not be involved in any operations of the Club, including, but not limited to, any administrative, managerial, volunteer, mentoring or other activity with the Club or any member of the Club while engaged in Club activity. For greater certainty, during the Probation Periods and the Suspension Period, the Club will not allow any person subject to ineligibility for a “doping-related infraction” to be present during any Club practice (unless in a designated spectator area) or be involved with Club members at swimming competitions that the Club is participating in (for greater certainty, this shall mean no such individual shall be on the pool deck or interacting with Club members in any area under the control of the host club for the swimming competition pursuant to any rental contract); and
- If a determination is made pursuant to Swim Ontario’s disciplinary procedures that the Club has, during the Suspension Period or Probation Periods, committed a major infraction of any by-law, policy or regulation applicable to Swim Ontario members, or that there has been a material breach by the Club of the terms of the settlement arrangement with Swim Ontario during the Suspension Period or Probation Periods, then the Club’s membership with Swim Ontario shall be terminated.
Swim Ontario is committed to fair sport and only through our member clubs will we be able to ensure a positive, productive and healthy environment for all participants.
Swim Ontario appreciates the support of our membership in assisting us with the resolution of this matter.