February 07, 2022
A review of the Swim Ireland Complaints and Disciplinary Rules and Procedures has been completed and members are advised that the updated Swim Ireland Complaints and Disciplinary Rules and Procedures 2022 – are now in effect. An overview of the main changes is set out here below and a copy of the updated Rules and Procedures is available on the Swim Ireland website.
Overview of changes
Under the current Rules, in very limited circumstances, the Swim Ireland Complaints and Disciplinary Committee (SICDC) may hear Complaints and Disciplinary Actions for the first time as if they were being heard at Club/Region level. This Rule is necessary to allow SICDC to take on a matter where a local or regional Complaints and Disciplinary Committee (CDC) do not have the competence or the capability to deal with the matter.
The circumstances where SICDC is asked to adopt a matter and deal with it in the first instance on behalf of a club or region (as opposed to it being a First Instance Matter) are set out in Clause 2.7.3. but the wording of this clause is confusing. Changes have been made to Clause 2.7.3 to give it is proper meaning and effect and to avoid ambiguity. The amended clause now reads:
2.7.3 The SICDC may also hear Complaints and Disciplinary Actions for the first time as if they were being heard at Club/Region level, where an application has been made to Swim Ireland by any party and consent is given by the CDO of Swim Ireland to such a hearing. Such consent will only be given in circumstances where the exigencies of the case requires it.
Additionally, the Rules (2017) state that decisions of SICDC can only be appealed to Sport Dispute Solutions Ireland (SDSI). There was no provision in the Rules for an appeal in circumstances where SICDC is sitting on behalf of a club or a region. An amendment has been made to Clause 10.1 to allow for this. The amended clause now reads:
10.1 Any decision of the Swim Ireland Complaints and Disciplinary Committee, other than a decision where the SICDC is acting pursuant to Clause 2.7.3, may be challenged before SDSI Arbitration.
Additional Changes
- Leisure Memberships has been referenced in the Rules for the first time
- Swim Ireland have appointed a staff member to support the administration function of SICDC and reference to a SICDC Administrator has been included in the Rules.
- A definition of Employee has been included under the Definitions section and includes any person working on a paid basis for Swim Ireland, whether under a Contract of Employment or a Contract for Services.
- Under 2. Offences there is reference to “the sport of swimming”, this has been amended to reference “the aquatic discipline
