2007ChessaCodeofConduct

CHESS SOUTH AFRICA

CODE OF CONDUCT

2007

Chess South Africa
P O Box 2644 Northcliff 2115

CODE OF CONDUCT OF CHESSA MEMBERS

Pursuant to powers vested in it by Article 16 of the Chessa Constitution, the Council  adopts the following “Code of Conduct” and Regulations for better and clearer conduct and governance of Chess in South Africa.

[Chessa hereby acknowledges that the document originates from SASCOC and is found as the ‘Code of Conduct’ of the Federation Internationale De Volleyball.]

PREAMBLE

APPLICATION AND JURISDICTION OF CHESSA MEMBERS

Membership is described as per Article 6,7 and 8 of the Chessa constitution and shall include the parents of minor chess players as though they were bone fide members of Chessa.

Members shall therefore include chess unions, chess leagues, clubs, teams and their leaders, team managers, players, coaches, arbiters, tournament directors and ‘local organising committees’ of any chess event as well as the parents of minor children who play chess.

RULES OF CONDUCT

Rule 1:  ETHICS

•  FUNDAMENTAL PRINCIPLES

• Chessa members are subject to the Chessa Constitution, Code of Conduct, Regulations and decisions taken by the relevant Chessa institutions and must follow strictly their terms and provisions.

• Violations will be sanctioned under the provisions of this Code of Conduct, which apply, without distinction, to any discipline under Chessa authority, except when otherwise provided.

• Ignorance of this Code of Conduct or of the other Regulations approved by the Chessa Council is not considered an excuse.

• Chess Unions, clubs, teams and their leaders, team managers, coaches, players, minor players and their parents, tournament directors and all those participating in the activities of chess must strictly comply with the Code of Conduct, Rules, Regulations and decisions of the Chessa Council, which is the custodian of all chess in South Africa.

• Chessa members who are in violation of the Chessa Constitution, Code of Conduct, Regulations and/or decisions of Council are subject to disciplinary sanctions imposed by the relevant Chessa institution.  In case of serious or repeated offences, they are subject to heavier sanctions approved on behalf of Council by the Executive Board.

• Disciplinary sanctions are the competence of the Executive Board and the Council, and the Executives of Chess Unions or Affiliates in good standing.

• ATTITUDE AND BEHAVIOUR

• Chessa Members must conduct themselves in accordance with the principles of dignity, integrity, loyalty and responsibility in all relations of a competitive, economic, social and moral nature.

• In order to ensure the respect of these principles, Chessa members should base their attitude and behavior on the following criteria:

1.2.2.1  DIGNITY:  means the proper respect of the rights of the individual and the right to privacy which to this end shall be :

• The dignity of the individual must be preserved.

• There shall be no discrimination on the basis of race, sex, ethnic origin, religion philosophical or political opinion, marital status or other grounds.

• Practice constituting any form of physical, mental, moral, professional or sexual harassment is prohibited.

• INTEGRITY:  means being upright in character, refraining from all incorrect behaviors and facing life’s circumstances with moral strength, honesty and incorruptibility. To this end shall be :

• Chessa members and/or their representatives may not, directly or indirectly, offer any concealed remuneration, nor accept or request any commission, benefit or service other than that established in the Regulations for services rendered.

• It is forbidden to accept, buy or give away directly or indirectly any personal gifts or offer special privileges with a view to being elected into any Chessa governing or supporting institution.

• Chessa members shall avoid any conflict of interest between the organisation to which they belong and any other organisation within Chessa or associated with it.

• Chessa members must exercise due care and diligence in fulfilling their mission.  They must not act in a manner likely to tarnish the reputation of Chessa.

• Chessa members shall not disclose any confidential information entrusted to them or benefit there from, nor undertake malicious damage to the reputation of any Chessa member.

• LOYALTY:  means to show continuous allegiance to Chessa whilst abiding by the Chessa Constitution, Code of Conduct, Regulations and decisions, including the sports and ethics principles upheld by FIDE and Chessa.  To this end:

• Chessa members must not be involved with firms or person whose activity is inconsistent with the principles set out in the Chessa Constitution, Code of Conduct and Regulations.

• Chessa members shall not accept any remuneration for voting or intervening in a given manner within the bodies of chess in South Africa. They may however openly discuss their preferences or opinions in search of the best option able to serve Chess and the Chessa’s general interests.

• All doping practices, at any and all levels, are strictly prohibited.

• Chessa members shall make their best efforts to maintain harmonious relations with government authorities, corporate sponsors and the media in accordance with the principles of universality, political neutrality and independence.

• RESPONSIBILITY:  means the performance by an individual without supervision of the tasks and functions held with care, in the best interest and with full respect of Chess and of the Chessa Constitution, Code of Conduct and Regulations.  To this end:

• Chessa members must not violate the provisions of the Chessa Constitution, Code of Conduct and Regulations nor publicly express unpleasant opinions or opinions damaging the reputation , honour or welfare of Chessa and its members.

• Chessa members may freely express their opinion on any decision of Chessa, but they must refrain from making declarations that may bring Chess into disrepute.

• Chess Unions and affiliates are liable for the actions of those who represent them.

• Chess Unions and affiliates may be held responsible, even on the basis of presumed responsibility, for offences committed by tournament directors, Arbiters administrators, chess officials and parents of the minor players, clubs and their leaders, managers, players and coaches.

Rule 2 : Conflict of Interest

2.1 Chessa members may not draw personal gain or advantage directly or indirectly from a third party due to his own decisions taken in the fulfillment of his official functions

OFFENCES AND SANCTIONS

RULE 3:  INSTITUTIONAL OFFENCES AND SANCTIONS

Chessa member, whether individually or collectively, may freely express their disagreement with decisions made by Chessa, but must refrain to do so in aggressive or violent terms before the media, internet websites or any organisation foreign to the Chess community.

• DEFINITION

Institutional offence:  Any Discord that is revealed publicly and offensively against Chessa is considered a violent conduct threatening the image of Chess,
and its “brand image” and constitutes a serious offence subject to suspension or expulsion.

• LITIGATION

In case of litigation in favor of Chessa, Chessa shall recover its expenses and have the right to sue for damages.

RULE 4:  SPORTS OFFENCES AND SANCTIONS

• DEFINITION

Sport offence:  A breach of the rules of a tournament / competition or principles established by the Chessa Constitution, Code of Conduct, Regulations and decisions constitutes the violation of a legal, appropriate and remarkable interest of Chessa.  The sanction may be established in this Code or decided by the Chessa Executive Board or the Chessa Council.

• OFFENCES AGAINST THE PRINCIPLES OF DIGNITY, INTEGRITY, LOYALTY AND RESPONSIBILITY

• Violent Conduct

Any action, attitude, comment or public statement displaying a strong improper use of physical or emotional force in order to injure, intimidate or defame Chessa, its Officials, participants or guests is considered a violent conduct liable to suspension or expulsion in accordance with the seriousness of the fault.

• Violent conduct, in connection with a competition or chess, shall be sanctioned with disqualifications from taking part in any future similar activity with the possibility of additional sanctions, depending on the seriousness of the case.

• Provinces, Unions, clubs, teams and competition organizers are jointly responsible for offensive and intemperate conduct on the part of their supporters and or fans.

• In case of violent conduct on the part of supporters, during a Tournament the club or team shall be fined between R1000.00 and up to R10 000.00 depending on the seriousness of the case.

• If such incidents irremediably compromise the normal course of a tournament, the team held responsible for the violent conduct shall be sanctioned with reversal of the results

• Harassment, insult, verbal or physical abuse by a coach to or against a player or any other team member or official present at a Tournament shall be sanctioned by the Executive board with suspension in accordance with the seriousness of the fault.

• The Unions, clubs and their Organising Committee of Chess event must deal courteously and considerately with the Chessa officials , the members of the Executive Board, Arbiters, participating team delegations, parents and guests.

Any commentary or remark expressed publicly through the media, detrimental to the image or the reputation of Chessa or any of its officials is considered violent conduct.  

• Any discord against the Chessa, not raised to a competent institution of Chessa but debated instead publicly through the media, is considered a violent theconduct subject to suspension or expulsion in accordance with the seriousness of fault.

• Unions are jointly and severally liable with respect to the actions and conduct of their official representative, clubs, teams and for any misconduct or expressed contempt of their members that might harm or denigrate Chessa or any of its officials or guests.

• OFFENCES DURING COMPETITIONS

• Dishonesty in competitions

• Unions are liable with respect to their official representatives, and clubs with respect to their teams, for any conduct of their members aiming at altering fraudulently the playing and results of a match or providing any party with an unfair advantage in the ranking.

• A Union or club or organiser declared responsible for such actions shall be sanctioned with reversal of the match results of their respective team, withdrawal of all points in the ranking and exclusion for two years from all official competitions organised under the auspices of Chessa.

• Individual persons found responsible for dishonesty shall be discharged from Chessa positions.

• Use or forbidden substances

• Unions and clubs shall be responsible for ensuring that forbidden substances are not used by their players.  Players, managers and coaches proved to be responsible shall be suspended. 

• Offences in Tournament Directing

• Tournament Directors who carry out their jobs dishonestly in the course of any kind of Chess competitions shall be discharged from duty in the competition and subject to an additional sanction by the Executive Board.

• In case of proven corruption, the Tournament Director and all those who have participated in the illegal activity shall be expelled for life from Chessa.

• OFFENCES AGAINST CHESSA AND ITS AFFILIATES

• Omission to obtain authorisation for the organisation of international competitions

• Unions have obligation to obtain authorisation from Chessa and from SASCOC before they hold competitions between national teams.

RULE 5: ADMINISTRATIVE OFFENCES AND SANCTIONS

• RULES OF ETHICS AND PRINCIPLE OF AUTHORITY

• Disciplinary power is vested in Chessa Council and governing institutions as a constitutional means to enforce the principle of the authority of Chessa.

• The Management Committee is competent to impose temporary suspension on an individual member who contravenes the Chessa decisions, Constitution and the fundamental principles of this Code of Conduct.

• The Executive Committee of each Union enjoy disciplinary powers delegated by Chessa to enforce, within its area of jurisdiction, the rules and decisions of Chessa and of its own competition regulations and decisions taken within its field of competence.

• The Chessa Executive Board is competent to impose sanctions concerning violations of the ethics and the review the disciplinary measures taken by the Managing Committee.

• After hearing the person concerned, the Chessa Executive Board may decide to suspend a decision or confirm the suspension of a member who has violated the ethics rules.

• CONFLICTS OF INTERESTS

• The Chessa Executive Committee is competent to impose sanctions for conflicts of interest.

• After hearing the person concerned, the Chessa Executive Committee may suspend a person who is involved in a conflict of interests.

• A person found to be consciously involved in a proven conflict of interests shall be discharged from his official position.

• OTHER SANCTIONS

• Suspension

• The grounds for suspension of a Chess Union or Affiliate:

• Debt to Chessa of the annual fee, notably for delay in payment of three (3) annual fees, admonition, thereof having been issued three (3) months before the council meeting.

• Fist-time breach of the Chessa Constitution, Regulations, decisions or this Code of Conduct.

• A suspended Union is obliged to reimburse Chessa for all expenses incurred by the latter for the study of its case (investigation or conciliation working group, legal expenses etc)

• In order to recover its full affiliation, the said Chessa Union must have satisfied the financial obligations above, unless an exceptional derogation is granted by the Chessa Council.

• Expulsion

• The grounds for expulsion of Chess Union or Affiliate is:

• Loss of status as a Chess Union, on the basis of findings from inquiries made in conjunction with the competent national authorities and confirmed by the Chessa Council
• Debt to the Chessa, notably for non-payment of fines, admonition thereof having been issued three(3) months before the Council meeting.
• Repeated breach of the Chessa Constitution, Regulations, decisions or this Code of Conduct.
• Violation of the fundamental principles of the Constitution or breach of the fundamental principles of the Rules of Ethics.

• Quorum and voting requirements for the expulsion are the same as those stipulated for amendments to the Constitution.

• In case of emergency, players and officials may be expelled by the Executive Board by a three-quarters (3/4) majority vote, effective upon notice of the decision.

• A Chess Union my propose the grant of amnesty to an expelled body at the next Council meeting, requesting inclusion of the matter on the agenda four weeks before the date of such meeting.

DISCIPLINE
RULES OF PROCEDURE

RULE 7:  PROCEEDINGS

• DISCIPLINARY PROCEDURES

• Disciplinary procedures shall be initiated directly by an executive of a competent Chess Union or the Management Committee of Chess.

• Except for urgent matters, a sanction may not be imposed before the Chessa member concerned has had the opportunity to be heard and to present his case. 

• The Chessa Committee appointed to determine a possible sanction is free to decide whether the right to be heard may be exercised solely in writing or also orally by authorizing the Chessa member additionally to present this case orally.

7.1.4     The Executive Board shall evaluate the evidence, giving consideration to the specific conditions under which the events occurred, the reputation of the person(s)/or institution concerned and generally all the circumstances in order to determine if a sanction is required.

• A Chessa member who, after having been sanctioned for a violation of the Chessa Constitution, Code of Conduct or Regulations, Commits another violation of the same kind is subject to an increase in the severity of the sanction.

• At the end of the deadline granted for the exercise of the right to be heard or following the hearing which the right to be heard was also exercised orally, Chessa will take its decision which will be notified to the Chessa member concerned. 

This decision will indicate the deadline and appeal process, specifically mentioning the competent institution which may revise the decision taken.

• PUBLICATION AND NOTIFICATION OF DECISIONS

• Sanctions shall be communicated by registered mail, except in case of those sanctions imposed during a competition which shall be delivered by hand to the corresponding party.

• With the exception of simple admonition, all other sanctions shall be published on the Chessa website.

RULES OF JURISDICTION

RULE 8:  JURISDICTION

• CHESSA INSTITUTIONS WITH JURISDICTIONAL COMPETENCE

The Chessa institutions vested with jurisdictional competence are:

• The Chessa Council

b)   The Executive Board

• The Management Committee

RULE 9:  SANCTIONS

• TYPES AND DEFINITION OF SANCTIONS

The Chessa institutions vested with jurisdictional competence may impose the following sanctions:

• Not Subject to appeal:

• Simple Admonition – a statement of disapproval;
• Severe Admonition – a declaration of censure;
• Warning – an official statement of blame, with the specific implication that if further offences are committed the following sanction will be more sever.

• Subject to appeal:

• Fine – a variable sum of money to be paid to Chessa to a maximum of R10 000.00
• Disqualification from competition – prohibition of players, coaches or officials from participation in Chess.
• Discharge from official position – loss of position held
• Suspension – prohibition from participation, for a given period of time, in any official activity at national, continental or world-wide level, or at all the three levels;
• Expulsion – expulsion of a member from the Chessa Activities.

• SANCTIONS IMPOSED BY THE MANAGEMENT COMMITTEE

• Sanctions imposed by the accordance with the Constitution must be submitted to the Executive Board for confirmation and ratification

• The Ethics Committee must hear a Chessa member sanctioned by the Management Committee.  However, the Executive Board reserves the right to hear a sanctioned Chessa member.

• A decision of the Executive Board confirming all or part of a sanction imposed by the Managing Committee is subject to appeal,  within thirty (30) calendar days from its notification.  The decision made by either institution is final and without appeal.

RULE 10:  POWERS FOR IMPOSING SANCTIONS

• COMPETENCE TO IMPOSE SANTIONS

With the exception of the expulsion of a Chessa Union, which is for the exclusive competence of the Council the sanctions that are specifically set out in the Constitution may be imposed by a competent person or commission established by the Executive Board.

• THE COUNCIL

The Council has the exclusive competence for all cases of expulsion

• THE CHESS UNIONS

• The Unions are the Chessa supporting institutions responsible for imposing sanctions at Regional level.

RULE 11: EXECUTION AND NON-OBSERVANCE OF SANCTIONS

• EXECUTION OF SANCTIONS

• Fines

• Fines must be paid to Chessa in its bank account no later than three (3) months after receipt of the notification of the imposed sanction.

• Disqualification of players and coaches

• Disqualification must be applied with direct reference to the Chessa competitions immediately following notification.

• If a coach or player participates in a match while he is suspended or disqualified, his team shall loose the match and the sanction will be doubled.

• Suspension

Suspension start from the day after receipt of the written notification of the sanction.

• NON-OBSERVANCE OF SANCTIONS

Non-observance of sanctions imposed by Chessa shall be sanctioned by the Executive Board with possible expulsion, due to the threat to the principle of authority

RULE 12:  APPEAL

• UNIQUENESS OF THE CHESSA JURIDICAL ORDER

In all circumstances Chessa members must refrain from appealing to any civil, judicial, arbitration sports authorities foreign to Chess against decisions of whatever nature concerning them, and in particular against decisions resulting from their participation possible participation or responsibilities in official or recognized competitions or in Chess activities hosted by their Unions or Chessa

• SANCTIONS IMPOSED BY UNIONS OR CHESSA

• Except as otherwise provided, at the moment of the notification or established in regulations governing the event or the situation concerned, all decisions of the Chessa institution may be appealed to the subsequent superior Chessa authority no later than thirty (30) calendar days after receipt of the notification on site or by registered mail. 

Once this term expire a decision becomes final.

• However decisions issued by a Tournament Committee may be appealed to the Executive Board no later than twenty-four (24) hours after being notified, except if circumstances require a shorter deadline.

13.  ENTRY INTO FORCE

• DATE OF APPROVAL

This Code of Conduct is submitted for the approval of the Council meeting of 14th April 2007 at the General Meeting held at Houghton Primary School.

This code of conduct is sent out for study one month / thirty days before the Council Meeting at which there shall be a SGM to approve the adoption of the Code of Conduct.

Issues regarding spelling and grammar are taken to be edited before the officers sign !!!

Prepared by Bernie Parkin