STANDARD DISCIPLINARY RULES FOR APPROVED SPORTS FEDERATIONS
Article 1
These regulations are drawn up in application of articles L. 131-8 and R. 131-3 and in accordance with article ….. (1) of the federation’s articles of association.
These regulations do not apply to the exercise of disciplinary powers with regard to sports agents and the fight against doping, which are governed by specific provisions.
Chapter I
Disciplinary bodies and procedures
Section 1
Provisions common to first instance and appeal disciplinary bodies
Article 2
One or more first instance disciplinary bodies and one or more appeal disciplinary bodies with disciplinary powers over:
1° Associations affiliated to the federation;
2° Licence holders of the federation;
3° Holders of titles allowing participation in the sporting activities of the federation;
4° Profit-making bodies whose object is the practice of one or more disciplines of the federation and which it authorises to issue licences;
5° Bodies which, without having as their object the practice of one or more disciplines of the federation, contribute to the development of one or more of these;
6° Sports companies;
7° Any member, employee, employee or volunteer of these sports associations and companies acting in the capacity of manager or de facto licence holder.
These disciplinary bodies are competent to impose sanctions for acts contrary to the rules laid down by the statutes and regulations of the federation, its decentralised bodies or, where applicable, the professional league and committed by a natural or legal person in one of the capacities mentioned above on the date the acts were committed.
The members of the disciplinary bodies, including their chairman, are appointed by ….. (2).
The duties of a member may only be terminated during his term of office in the event of:
1° A definitive impediment recorded by the bodies mentioned above;
2° Or resignation;
3° Or exclusion.
Each of these bodies shall consist of at least three members chosen, in particular, for their competence in the legal field or in matters of sporting ethics and deontology.
The presidents of the federation, its devolved bodies or, where applicable, the professional league, as well as the members of the governing bodies of the federation or the professional league, may not simultaneously be members of any disciplinary body.
A majority of the members of any disciplinary body of the federation’s devolved bodies shall not belong to the governing bodies of the latter.
Members of disciplinary bodies may not be bound to the federation, its devolved bodies or, where applicable, the professional league by a contractual relationship other than that which may result from the licence.
Article 3
The term of office of the members of the disciplinary bodies of the federation, its devolved bodies or, where applicable, the professional league is identical to that of the corresponding governing bodies. Their term of office expires at the latest at the end of the sporting season during which the governing bodies are renewed.
In the event of a member’s definitive impediment, resignation or exclusion, a new member may be appointed under the same conditions as his predecessor for the remainder of the term of office.
Article 4
The members of the disciplinary bodies shall decide in complete independence and may not receive instructions.
Members of disciplinary bodies and session secretaries are bound by an obligation of confidentiality in respect of facts, acts and information of which they are aware by reason of their duties.
Any failure to comply with the rules laid down in Articles 2, 7 and this Article shall constitute grounds for the exclusion of the member of the disciplinary body or the session secretary by the bodies competent to appoint them.
Article 5
The Disciplinary Bodies of First Instance and Appeal shall meet when convened by their Chairman or the person appointed by him for this purpose. Each of them may only validly deliberate when at least three of its members are present.
In the event of a tied vote, the chairman of the meeting shall have the casting vote.
The chairman of the meeting of the disciplinary body shall appoint either a member of that body or another person to act as secretary of the meeting.
If the Chairman is absent or permanently unable to attend, the oldest member of the disciplinary body shall chair the meeting.
Article 6
Discussions before disciplinary bodies shall be public.
However, the Chairman of the session may, of his own motion or at the request of one of the parties, or where applicable his legal representative, counsel or lawyer, prohibit the public from entering the room during all or part of the hearing in the interests of public order or the serenity of the proceedings or when this is justified by respect for privacy or professional secrecy.
Article 7
Members of disciplinary bodies must inform the chairman of the body of which they are a member whether they have a direct or indirect interest in the case. In this case, they may not sit.
On the occasion of the same case, no one may sit on the disciplinary appeal body if he has sat on the disciplinary body of first instance.
Article 8
To take account of geographical distance or professional or medical constraints, the chairman of the disciplinary body, after obtaining the agreement of the person being prosecuted, may decide that all or part of the proceedings will be conducted in the form of an audiovisual conference, provided that recourse is had to means guaranteeing the effective participation of each person in the proceedings and the adversarial nature of the proceedings.
Article 9
Documents and pleadings referred to in these rules shall be sent by registered post with acknowledgement of receipt or by hand-delivered post against receipt or, where applicable, by electronic mail to the person being prosecuted or their legal representative, their lawyer, the profit-making organisation, association or sports company with which they have a legal relationship.
The use of electronic mail must guarantee the reliability of the identification of the parties to the electronic communication, the integrity of the documents sent and the security and confidentiality of exchanges between all persons involved in the disciplinary procedure. It must also make it possible to establish with certainty the date and time of transmission of the documents and their receipt by the addressee.
Section 2
Provisions relating to disciplinary bodies of first instance
Article 10
Disciplinary proceedings shall be initiated in accordance with the following procedures ….. (3).
The disciplinary cases which must be investigated are: …. (4).
Any other disciplinary case may be investigated by decision of the chairman of the disciplinary body.
The persons authorised to investigate disciplinary cases (5) are designated by ….. (2). They are chosen either from among the natural persons, or employees and licensees of legal entities, mentioned in article 2, or by virtue of their competence with regard to the facts that are the subject of the proceedings. In this capacity and for the purposes of investigating the cases for which they are responsible, they are delegated by the president of the federation, its regional bodies or, where applicable, the professional league to handle all correspondence relating to the performance of their duties.
They may not be members of the disciplinary bodies hearing the case they have investigated, nor may they have a direct or indirect interest in the case. They are bound by an obligation of confidentiality with regard to all facts, acts and information of which they have knowledge by virtue of their duties. Any failure to comply with these obligations shall constitute misconduct.
Article 11
When a case is under investigation, the person in charge of the investigation shall draw up a report which he or she shall send to the disciplinary body and to the person being prosecuted on the basis of the information in the file and any information gathered by any means. It does not have the power to close a case on its own.
The persons in charge of the investigation carry out their mission impartially and objectively and may:
1° Hear any person whose hearing seems useful;
2° Ask any person for information necessary for the procedure.
Article 12
Where circumstances warrant, particularly in view of the seriousness of the facts, the competent bodies (6) may, at any stage of the first-instance disciplinary procedure and by reasoned decision, issue a precautionary measure (7) against the accused person pending notification of the disciplinary body’s decision.
The precautionary measure shall lapse if it is withdrawn by the competent persons or bodies. It shall also end if the disciplinary body is unable to take a decision within the time limit set in article 18 of these regulations.
Decisions relating to precautionary measures shall be notified to the persons being prosecuted in accordance with the conditions set out in article 9 and may not be appealed.
Article 13
The person being prosecuted and, where applicable, his legal representative shall be summoned to appear before the disciplinary body by sending a document setting out the complaints made under the conditions provided for in Article 9, at least seven days before the date of the hearing.
The person being prosecuted and, where applicable, his legal representative, counsel or lawyer may consult the report and the entire case file (8) before the meeting.
They may ask to be heard persons of their choice, whose names they shall provide at least forty-eight hours before the meeting of the disciplinary body. To take account of the geographical distance or professional or medical constraints of the persons whose hearing is requested, the hearing may be conducted by telephone conference, subject to the agreement of the chairman of the disciplinary body and the person being prosecuted.
The chairman of the disciplinary body may refuse, by reasoned decision, any hearing requests that are manifestly unreasonable.
The person being prosecuted may be accompanied by any person at the meeting. They may be represented, where appropriate, by their legal representative, counsel or lawyer. Written or oral observations may be presented by the person being prosecuted or by the persons assisting or representing him.
If he does not speak or understand the French language sufficiently, he may ask to be assisted by an interpreter of his choice at his own expense or by an interpreter chosen by the federation, its decentralised bodies or, where applicable, the professional league at their expense.
The seven-day period referred to in the first paragraph may be reduced in cases of urgency, circumstances relating to the smooth running of sporting competitions or exceptional circumstances by decision of the president of the disciplinary body, on his own initiative or at the request of the person in charge of the investigation or the person being prosecuted. In this case, the right to request the hearing of persons is exercised without any time limit.
The letter of summons mentioned in the first paragraph indicates to the person being prosecuted all the rights defined in this article.
Article 14
In the event of an emergency, circumstances relating to the smooth running of sporting competitions or exceptional circumstances, and except in cases of force majeure, the postponement of the case may not be requested.
In other cases and except in cases of force majeure, postponement of the case may only be requested once, no later than forty-eight hours before the date of the meeting, for a serious reason.
The chairman of the disciplinary body grants or refuses the postponement. In the event of refusal, reasons must be given for the decision.
He may also decide on his own initiative to order a postponement.
Article 15
Where the case does not require an investigation, the chairman of the meeting of the disciplinary body or the person he appoints shall explain the facts and the course of the proceedings. In other cases, the person in charge of the investigation presents his report orally. If the person in charge of the investigation is unable to attend, his report may be read by the chairman of the meeting or the person he designates.
Any person whose hearing appears useful may be heard by the disciplinary body. If such a hearing is decided, the chairman shall inform the person being prosecuted before the meeting.
The person being prosecuted and, where applicable, his legal representative, as well as the person or persons assisting or representing him, shall be invited to speak last.
Article 16
As an exception to the provisions of article 13, where the disciplinary body has informed them that the nature or circumstances of the case do not justify their being called before the disciplinary body, i.e. ….. (9), the person being prosecuted or his legal representative, his counsel or his lawyer may submit written observations in his defence. They may nevertheless ask to be heard under the conditions set out in articles 13 and 15.
Article 17
The disciplinary body shall deliberate in camera, without the presence of the person being prosecuted, the persons assisting or representing him, the persons heard at the hearing and the person in charge of the investigation.
Where the duties of secretary to the meeting are performed by a person who is not a member of the disciplinary body, that person may attend the deliberations without taking part.
The disciplinary body takes a reasoned decision. This decision or the minutes of the meeting recording it shall be signed by the chairman of the meeting and the secretary.
The decision or the extract from the minutes constituting the decision shall be notified to the person being prosecuted or, where applicable, to his legal representative, or to the profit-making body, association or sports company with which he has a legal connection, in accordance with the procedures laid down in Article 9.
The notification shall mention the means and time limits for appeal.
The sports association, sports company or profit-making organisation to which the person being prosecuted belongs shall be informed of this decision (10).
Article 18
The disciplinary body of first instance must give its decision within ten weeks of the initiation of disciplinary proceedings.
In the event of exceptional circumstances, the ten-week period may be extended by one month by a reasoned decision of the president of the disciplinary body and notified to the person being prosecuted, where applicable, to his legal representative, his counsel or lawyer or to the profit-making organisation, association or sports company with which he has a legal link, in accordance with the procedures laid down in Article 9.
Where the hearing has been postponed pursuant to Article 14, the time limit referred to in the previous paragraph shall be extended by a period equal to that of the postponement.
Failing to reach a decision within these time limits, the disciplinary body of first instance shall be relinquished of jurisdiction and the entire case file shall be forwarded to the competent disciplinary body of appeal, which shall take the final decision.
Section 3
Provisions relating to Disciplinary Appeals Bodies
Article 19
The person being prosecuted and, where applicable, his legal representative, counsel or lawyer as well as ….. (11) may appeal against the decision of the Disciplinary Body of First Instance to the Appeals Body in accordance with the procedures laid down in Article 9, within a period of seven days.
This time limit is extended by five days if the person concerned is domiciled outside mainland France, unless the competent disciplinary body is also located outside mainland France, or for the benefit of the person being prosecuted as well as other persons who may lodge an appeal in the event of an appeal by the federation to which they belong.
The exercise of the right of appeal may not be made subject to the payment of a sum of money to the federation, or limited by a decision of a federal body.
The appeal shall not have suspensive effect unless the disciplinary body of first instance takes a reasoned decision at the same time as ruling on the merits. Where the decision refuses to uphold submissions seeking to give suspensive effect to an appeal, the Disciplinary Appeals Body, on receipt of an appeal contesting this refusal, may rule on the appeal in a reasoned decision before examining the merits of the case.
Where the appeal originates from the body concerned (federation, devolved bodies, professional league), the Disciplinary Appeals Body shall inform the person being prosecuted in accordance with the procedures laid down in Article 9. Where applicable, the legal representative of the person being prosecuted and his counsel or lawyer shall be informed in accordance with the same procedures.
Article 20
The Disciplinary Appeals Body shall have final say.
It shall make its decision on the basis of the record of the first instance and the appeal submissions, in accordance with the principle of adversarial proceedings.
The Chairman of the meeting or the person he appoints shall draw up a report setting out the facts and recalling the conditions under which the proceedings were conducted. This report shall be presented orally at the meeting.
The provisions of articles 13 to 15 and 17 above shall apply before the Disciplinary Appeals Body.
Article 21
The Disciplinary Appeals Body shall give its decision within four months of the initial initiation of proceedings.
In the event of exceptional circumstances, the four-month time limit may be extended by one month by a reasoned decision of the president of the Disciplinary Appeals Body notified to the person being prosecuted, where applicable, to his legal representative or to the profit-making organisation, association or sports company with which he has a legal link, in accordance with the procedures laid down in Article 9.
Failing a decision within these time limits, the appellant may refer the matter to the French National Olympic and Sports Committee for the purposes of the conciliation provided for in article L. 141-4 of the Sports Code.
Where the matter has been referred to the Disciplinary Board of Appeal solely by the person concerned or by the profit-making body, association or sports company with which he has a legal connection, the sanction handed down by the Disciplinary Board of First Instance may not be increased.
Notification and, where applicable, publication shall take place in accordance with the conditions laid down in Article 24.
Chapter II
Penalties
Article 22
The penalties applicable are in particular (12):
1° A warning;
2° A reprimand;
3° A fine : when this fine is imposed on a natural person, it may not exceed an amount of 45,000 euros;
4° A loss of one or more sporting fixtures;
5° A time or points penalty;
6° A downgrading;
7° A non-registration of a sporting result;
8° A suspension from a ground or hall;
9° A total or partial closed session for one or more sporting matches;
10° A temporary or permanent ban from taking part in sporting events organised or authorised by the federation ;
11° Une interdiction temporaire ou définitive de participer directement ou indirectement à l’organisation et au déroulement des compétitions et manifestations sportives autorisées par la fédération délégataire ou organisées par une fédération agréée;
12° Une interdiction d’exercice de fonction ;
13° A provisional withdrawal of the licence for the duration of the prohibition;
14° A prohibition for a period that it fixes from being a licence-holder of the federation or from joining it;
15° A striking off;
16° An ineligibility for a specified period to the governing bodies.
17° striking off or disqualification for a specified period from membership of a disciplinary body.
One or more sanctions may be chosen from the sanctions listed above or mentioned in the appendix (12) in compliance with the principle of proportionality. Penalties for breaches of the sporting regulations are automatic in the limited number of cases set out in the appendix to these regulations (13), provided that the disciplinary body is able, in the light of the observations made by the person being prosecuted, to rule on the reality and actual imputability of the acts of which he is accused and to take into account the specific circumstances of each case.
The penalties imposed may be supplemented by a publication decision under the conditions set out in article 24.
The decision imposing the sanction may provide for the person sanctioned to contribute to the costs incurred and duly justified, in connection with the disciplinary procedure.
The sanction(s) may, with the agreement of the person concerned and, where applicable, that of his legal representative, be replaced or supplemented by the performance, for a period that may not exceed one sporting season, of activities of general interest for the benefit of the federation, its decentralised bodies, the professional league or a sporting or charitable association (14).
Article 23
The decision of the disciplinary body shall determine, where applicable, when the sanctions take effect and how they are to be enforced.
Article 24
Notification of the decision must specify the appeal procedures and deadlines available to the person concerned.
The decisions of the disciplinary bodies ordering publication shall specify the procedures for implementing this measure, which may only take effect after notification has been given to the persons subject to it and after the Federation’s internal appeal procedures have been exhausted.
To this end, the disciplinary bodies of first instance and appeal may order the publication in the federation’s official bulletin of all or part of the decision or of a summary informing the public of the reasons and the operative part of the decision.
Decisions shall be published anonymously, unless the disciplinary body, in a reasoned decision, decides to order publication by name or if the person who has been the subject of an acquittal decision requests that it be published by name.
Article 25
The sanctions provided for in Article 22, other than a warning, reprimand or striking off, may be suspended in whole or in part.
A suspended sanction shall be deemed null and void if, within a period of (15) after it has been pronounced, the person concerned has not been subject to any new sanction mentioned in article 22.
Any new offence sanctioned during this period shall entail revocation of all or part of the suspended sentence.
(1) The applicable provision is that which 2.2.1. of Annex I-5 makes mandatory.
(2) Specify the body of the federation, its deconcentrated bodies or the professional league invested with the power of appointment (general assembly, governing body, president…) and the procedures for such appointment.
(3) Specify the procedures for initiating disciplinary proceedings in particular the referral of disciplinary bodies by the ethics committee, where applicable.
(4) Determine which cases must be investigated on the basis of a certain quantum of penalties incurred and/or on the basis of the nature or circumstances of the acts alleged against the person being prosecuted.
(5) Specify that the persons responsible for investigating disciplinary cases may be employees of the federation, its decentralised bodies or the professional league on which the body vested with disciplinary power depends.
(6) Specify the person(s) or bodies competent to pronounce a provisional measure.
(7) The precautionary measures that may be ordered are: a provisional suspension from a ground or hall, a total or partial closure for one or more sports matches, a provisional ban on participating in sports events organised or authorised by the federation, a provisional ban on participating directly or indirectly in the organisation and running of sports competitions and events authorised by the delegating federation or organised by an approved federation and a provisional suspension from holding a position.
(8) The conditions under which the report and the entire case file may be made available or transmitted to the person being prosecuted and, where applicable, to his legal representative, counsel or lawyer should be specified.
(9) Specify the cases in which the accused person or his legal representative need not be summoned to appear before the disciplinary body, in particular taking into account the nature or circumstances of the acts or sanctions incurred.
(10) Provision may be made for the federation to be informed of the disciplinary decisions of the decentralised bodies and, where applicable, the professional league.
(11) Specify the body or person of the federation, its decentralised bodies or the professional league, where applicable, or their representatives with the right to appeal. Specify, where applicable, that a licence-holder’s profit-making body, association or sports company may appeal against a sanction imposed on that licence-holder.
(12) Any additional sanctions provided for in the regulations, in compliance with the principle of proportionality, must be listed in the appendix.
(13) A list of acts, behaviour or breaches that may be subject to automatic sanctions, from among the following sanctions, must be appended to these regulations: warning, reprimand, fine, loss of one or more sporting fixtures, time or points penalty, suspension from a ground or hall, temporary or permanent ban from participating in sporting events organised or authorised by the federation, temporary or permanent ban from participating directly or indirectly in the organisation and running of competitions and sporting events authorised by the delegating federation or organised by an approved federation.
(14) Activities of general interest correspond to activities involving the organisation of competitions, coaching, refereeing, initiation or prevention and the promotion of the values of sport for the benefit of the persons referred to in Article 22.
(15) Specify a period of between one and five years depending on the seriousness of the acts committed and the sanction imposed.
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