Transparency
Detailed Disciplinary Procedure
Annex 2 to the Internal Operating Regulations of the Association Club Federal Chinologic – Royal.
Aligned with the standards of the World Dog Federation (WDF) and the International Institute of Professional Cynology (IIPC).
Approved by the Board of Directors in the meeting of [data]. Ratified by the General Assembly on [data].
Preamble
The disciplinary procedure is the instrument through which the Association responds, in a predictable and equitable manner, to violations committed by the persons affiliated to it. The quality of this procedure is not measured by the severity of the sanctions, but by the capacity to separate proven facts from unproven accusations, by respecting the right to defence of the person under investigation, and by ensuring a reasoned, proportionate, and transparent decision.
This Procedure details the provisions of Chapter VII of the Internal Operating Regulations and applies to all situations in which a violation of the Statute, the Regulations, the Code of Ethics, or any specific regulation adopted by the Association is alleged.
Chapter I. General provisions
Art. 1. Object and purpose
(1) This Procedure details the steps, deadlines, rights, and obligations of the parties within the disciplinary procedure conducted under the authority of the competent bodies of the Association.
(2) The Procedure pursues two objectives:
a) protecting the integrity of the Association, of its members, and of the animals involved in its activities, by sanctioning real and proven violations;
b) protecting the person under investigation against unproven accusations, by guaranteeing the right to defence and a fair process.
Art. 2. Normative framework
This Procedure is based on and complements:
a) Government Ordinance no. 26/2000 on associations and foundations;
b) the Statute of the Association;
c) the Internal Operating Regulations, in particular Chapter VII (Art. 28-30);
d) the Code of Ethics — Annex 1 to the Regulations.
Art. 3. Fundamental principles
The disciplinary procedure is conducted in compliance with the following principles:
a) the principle of legality — sanctions are applied only for acts qualified as violations by the Statute, the Regulations, or the Code of Ethics;
b) the principle of the presumption of innocence — the person under investigation is considered innocent until the contrary is proven by a final decision;
c) the principle of the right to defence — the person under investigation has the right to present their position, to submit evidence, and to be assisted;
d) the principle of adversarial proceedings — all evidence and arguments of one party are brought to the knowledge of the other party;
e) the principle of proportionality — the sanction applied is proportionate to the severity of the act and to its circumstances;
f) the principle of confidentiality — the information in the disciplinary file is confidential, with the expressly provided exceptions;
g) the principle of celerity — the procedure is conducted within the established deadlines, without unjustified delays;
h) the principle of non-discrimination — all persons are investigated according to the same rules, without privileges or disadvantages.
Art. 4. Definitions
For the purposes of this Procedure:
a) Complaint — the act by which a person brings to the knowledge of the Association an alleged disciplinary violation;
b) Complainant — the person who lodges the complaint;
c) Person under investigation — the person against whom the complaint has been lodged;
d) the Committee — the Ethics and Discipline Committee, constituted ad hoc for each file;
e) Disciplinary file — the totality of documents gathered in the procedure of a complaint;
f) Disciplinary decision — the act by which the Board of Directors resolves the file.
Chapter II. Disciplinary violations
Art. 5. Definition and classification
(1) A disciplinary violation is any action or inaction committed culpably by a person affiliated to the Association, which breaches the Statute, the Regulations, the Code of Ethics, or the specific regulations of the Association.
(2) Culpability may take the form of intent (direct or indirect) or of negligence (with or without foresight).
(3) Good faith and reasonable diligence in the exercise of duties exclude, as a rule, disciplinary liability.
Art. 6. Categories of violations by severity
(1) Disciplinary violations are classified into three categories:
a) minor violations — acts with a limited impact on the Association, its members, or its activities;
b) serious violations — acts with a significant impact on the reputation of the Association, on the integrity of a training programme, or on internal professional relations;
c) very serious violations — acts that endanger the institutional existence, breach animal welfare, or the fundamental rights of persons.
(2) The following constitute, as a rule, minor violations:
a) repeated unjustified delays at teaching or judging activities;
b) the formal failure to fulfil minor administrative obligations;
c) negligence in completing current documents.
(3) The following constitute, as a rule, serious violations:
a) breaching the rules of impartiality in teaching or judging activity;
b) accepting gifts or favours prohibited by the Code of Ethics;
c) public denigration of the Association, of members, or of colleagues;
d) the refusal to declare a known conflict of interest;
e) the public communication of confidential internal deliberations;
f) the repeated and unjustified failure to fulfil duties.
(4) The following constitute, as a rule, very serious violations:
a) breaches of the provisions concerning animal welfare (Chap. VI of the Code of Ethics);
b) professional fraud (forgery of documents, plagiarism, substitution at evaluations);
c) harassment in any form (sexual, psychological, professional);
d) discrimination on protected grounds;
e) the misappropriation or fraudulent management of sums or goods of the Association;
f) the exercise of duties for which the person does not hold the necessary formal competence (substitution of professional identity);
g) concerted attacks against the institutional integrity of the Association.
(5) The enumerations in para. (2)-(4) are indicative, not limitative. The final classification of the act is made by the Committee, with reasons.
Art. 7. Aggravating and mitigating circumstances
(1) The following constitute aggravating circumstances:
a) the commission of the act with direct, calculated intent;
b) the commission of the act against a person in a situation of vulnerability (young trainee, sick animal, person in a hierarchical relationship);
c) the commission of the act in the presence of or in relation to third parties, with reputational damage;
d) the prior commission of similar violations;
e) the attempt to cover up, intimidate witnesses, or destroy evidence;
f) the refusal to cooperate with the disciplinary investigation body.
(2) The following constitute mitigating circumstances:
a) the commission of the act through negligence, not through intent;
b) the absence of disciplinary antecedents;
c) the spontaneous and complete acknowledgement of the act;
d) manifest regret and reparatory actions undertaken on one’s own initiative;
e) the seniority and significant contributions of the person to the activity of the Association;
f) exceptional personal circumstances (illness, serious family situation) that influenced the conduct.
Art. 8. Limitation period of disciplinary liability
(1) Disciplinary liability for minor violations is subject to a limitation period of 6 months from the date of commission of the act.
(2) Disciplinary liability for serious violations is subject to a limitation period of 12 months from the date of commission of the act.
(3) Disciplinary liability for very serious violations is subject to a limitation period of 3 years from the date of commission of the act.
(4) For continued violations, the term runs from the date of the last manifestation.
(5) The terms are calculated from the date on which the governing bodies of the Association took or should reasonably have taken cognizance of the act.
Chapter III. Disciplinary sanctions
Art. 9. Types of sanctions
The applicable disciplinary sanctions, in order of severity, are:
a) written notice — a formal observation with no effect on the qualities or rights of the person;
b) warning — a sanction with an internal reputational effect, recorded in the Disciplinary Register for a period of 1 year;
c) temporary suspension of the status of member, judge, lecturer, or trainee, for a period of between one month and two years;
d) withdrawal of the right to participate in examinations or to obtain certifications, for a determined period;
e) permanent expulsion from the Association, accompanied, as the case may be, by the withdrawal of previously issued certificates.
Art. 10. Correspondence between severity and sanction
(1) For minor violations, a written notice or a warning is applied, as a rule.
(2) For serious violations, a warning, a temporary suspension, or the withdrawal of the right to participate in examinations is applied, as a rule.
(3) For very serious violations, an extended temporary suspension or permanent expulsion is applied, as a rule.
(4) The Committee may propose and the Board of Directors may apply a sanction milder or more severe than the usual one, if the aggravating or mitigating circumstances justify this deviation. The reasoning must be express and detailed.
Art. 11. Complementary sanctions
(1) In addition to the principal sanction, the Board of Directors may order complementary measures:
a) the obligation to present public or private apologies, in a determined form;
b) the obligation to repair the material or reputational damage, when it is quantifiable;
c) the temporary prohibition from participating in certain categories of activities;
d) the obligation to follow a reorientation or additional training programme.
(2) Complementary measures are applied proportionally and are expressly reasoned.
Art. 12. Concurrence of sanctions
(1) For multiple violations committed in concurrence, the sanction corresponding to the most serious one is applied, which may be increased within the limit of one step.
(2) The commission of a new violation during the suspension period entails, as a rule, permanent expulsion.
Chapter IV. Ethics and Discipline Committee
Art. 13. Composition
(1) The Committee is constituted ad hoc, for each file, by decision of the Board of Directors, within 15 working days of the admission of the complaint.
(2) The Committee is composed of three (3) members:
a) a member appointed from among the senior members of the Association, who presides over the Committee;
b) a member appointed from among the Teaching Staff or the Panel of Judges, depending on the nature of the complaint;
c) a person external to the directly involved structure, who may be an honorary member or an external expert.
(3) For each file, an alternate member is also appointed for each position, who steps in in the event of the unavailability or incompatibility of a titular member.
Art. 14. Incompatibilities
A person may not be part of the Committee if they:
a) are a member of the Board of Directors;
b) are the complainant in the respective file;
c) are the person under investigation or a relative thereof up to and including the second degree;
d) have or have had, in the last 24 months, business, hierarchical, or pedagogical relations with the person under investigation;
e) are a witness in the file;
f) are in any other situation that may affect their impartiality.
Art. 15. Recusal and abstention
(1) The members of the Committee are obliged to abstain from judging the file if they are in one of the situations of incompatibility.
(2) The complainant and the person under investigation may request the recusal of a member of the Committee, with reasons, within 5 working days of the communication of the composition.
(3) The Board of Directors rules on the abstention or recusal, without the participation of the member concerned, within 5 working days.
Art. 16. Functioning. Quorum. Vote
(1) The Committee meets validly in the presence of all three members.
(2) The decisions of the Committee are taken by a simple majority of the members.
(3) The member who voted against the majority solution has the right to record their separate opinion, with reasons, in the minutes of the deliberation.
Art. 17. Obligation of confidentiality
(1) The members of the Committee are obliged to maintain the confidentiality of all the information in the file.
(2) The communication of information from the file to unauthorized persons, during the procedure or thereafter, constitutes a serious ethical violation, sanctionable according to the Code of Ethics.
Chapter V. The complaint and the preliminary verification
Art. 18. Holders of the right to lodge a complaint
A complaint may be lodged by:
a) any member of the Association;
b) any person affiliated according to Art. 2 of the Code of Ethics;
c) any governing body of the Association, by self-referral;
d) third parties, if the act complained of affects the reputation of the Association, their direct rights, or the welfare of an animal.
Art. 19. Form and content of the complaint
(1) The complaint is lodged in writing and submitted to the General Secretariat, in physical or electronic format.
(2) The complaint shall include:
a) the identification data of the complainant (surname, given name, status in relation to the Association, contact details);
b) the identification data of the person under investigation;
c) the detailed description of the acts complained of, indicating the date, place, and witnesses, if any;
d) the proposed classification of the acts (the breached norm), if the complainant is able to formulate it;
e) the evidence invoked or annexed;
f) the date and signature of the complainant.
(3) A complaint that does not comply with the provisions of para. (2) is returned to the complainant for completion, with an indication of the missing elements, within 5 working days.
Art. 20. Anonymous complaints
(1) Anonymous complaints are not registered as a disciplinary file, except in cases of obvious severity concerning animal welfare or criminal acts, when they may constitute grounds for self-referral by the Board of Directors.
(2) The decision of self-referral is taken by the Board of Directors by a simple majority, with reasons.
Art. 21. Registration of the complaint
(1) A compliant complaint is registered in the Disciplinary Register by the Secretary General, on the day of receipt or on the first following working day.
(2) The complainant is issued proof of registration, with an indication of the file number.
Art. 22. Preliminary verification
(1) Within 7 working days of registration, the President and the Secretary General carry out a preliminary verification of the complaint.
(2) The preliminary verification examines:
a) whether the described facts, presumed to be real, could constitute a disciplinary violation;
b) whether the disciplinary liability is not subject to the limitation period;
c) whether the complaint is not manifestly unfounded, vexatious, or motivated by purposes foreign to the disciplinary procedure.
(3) Following the preliminary verification, the following may be ordered:
a) the admission of the complaint and its transmission to the Committee for investigation;
b) the rejection of the complaint, with reasons, if the conditions in para. (2) are not met.
(4) The rejection in the preliminary verification may be appealed by the complainant to the Board of Directors, within 10 working days. The Board of Directors decides by a simple majority, in an ordinary or extraordinary meeting.
Chapter VI. The disciplinary investigation
Art. 23. Communication of the accusations
(1) Within 7 working days of its constitution, the Committee communicates to the person under investigation, in writing, with confirmation of receipt:
a) the acts imputed to them, in detail;
b) the norm considered to be breached;
c) the composition of the Committee;
d) their procedural rights;
e) the term of 15 working days for the submission of the written defence;
f) the date, time, and place of the hearing, provisionally proposed.
(2) The person under investigation has the right to consult the file, with the exception of the protected personal data of third parties, by appointment at the General Secretariat.
Art. 24. Rights of the person under investigation
Throughout the procedure, the person under investigation has the right:
a) to be informed in writing about the acts, the breached norm, and the possible sanction;
b) to consult the disciplinary file;
c) to submit written defences within 15 working days;
d) to be heard personally;
e) to propose evidence (witnesses, documents, expert reports);
f) to be assisted, at their own expense, by another member of the Association or by a counsel of their choice;
g) to request the recusal of a member of the Committee, with reasons;
h) to receive copies of the documents submitted by the complainant and of those requested by the Committee;
i) to refuse to self-incriminate;
j) to receive a reasoned decision in written form;
k) to appeal the decision, under the conditions of this Procedure.
Art. 25. Evidence
(1) The following may be administered in the disciplinary procedure:
a) documents (correspondence, official documents, photographs, audio/video recordings, dated screenshots);
b) witness statements;
c) technical expert reports, if the nature of the act justifies them;
d) statements of the parties;
e) other evidence relevant to the elucidation of the facts.
(2) The burden of proof rests with the complainant. The Committee may, however, order the administration of evidence ex officio for the elucidation of the case.
(3) Evidence obtained through illegal means, through the breach of legally protected confidentiality, or through manipulation is not admissible.
(4) Recordings made without the consent of the person are admissible only if they capture serious or very serious violations in the professional space of the Association and there is no other reasonable means of proof.
Art. 26. Hearing of witnesses
(1) Witnesses are heard separately and recorded by minutes signed by the witness and by the members of the Committee.
(2) The status of member of the Association includes the obligation to respond to the summons of the Committee and to testify in good faith. The unjustified refusal constitutes a distinct disciplinary violation.
(3) The witness may not be sanctioned for statements made in good faith, even if these subsequently prove to be inaccurate.
Art. 27. Hearing of the parties
(1) The hearing of the person under investigation takes place, as a rule, after receipt of the written defence or after the expiry of the prescribed term.
(2) The hearing takes place in the presence of all the members of the Committee. The following may participate, at the request of the parties or with the consent of the Committee: the complainant, the person assisting the person under investigation, an authorized translator (if applicable).
(3) The hearing is recorded in audio, with the prior consent of the parties, and is recorded in the minutes.
(4) A person under investigation who does not appear at the hearing, without a well-founded reason, after two consecutive summonses, is heard in absentia, on the basis of the written defences submitted, if any.
Art. 28. Provisional measures
(1) In cases of urgency, where there are strong indications that the person under investigation could continue committing the violation, could influence witnesses, or could destroy evidence, the Board of Directors, at the proposal of the Committee or ex officio, may order provisional measures:
a) the provisional suspension from the function or status exercised;
b) the temporary prohibition of access to the spaces or platforms of the Association;
c) the temporary prohibition from participating in the events of the Association.
(2) Provisional measures are ordered with reasons, for a determined duration, which may not exceed the duration of the investigation.
(3) The person subject to the provisional measures has the right to appeal the measure to the Board of Directors, within 5 working days. The Board of Directors decides within 7 working days.
(4) Provisional measures do NOT prejudge the merits of the case and may not be invoked as a presumption of guilt.
Art. 29. Term of the investigation
(1) The disciplinary investigation is concluded within 60 calendar days of the registration of the complaint.
(2) In exceptional cases, justified by the complexity of the case, the difficulty of administering the evidence, or the unavailability of certain parties, the Board of Directors may extend the term by a maximum of 30 days, with reasons.
Chapter VII. Deliberation and decision
Art. 30. The Committee’s proposal
(1) After the conclusion of the investigation, the Committee withdraws to deliberate.
(2) The deliberation is conducted in secret. No persons other than the members of the Committee participate in the deliberation.
(3) The Committee formulates a reasoned proposal which includes:
a) the presentation of the established facts, on the basis of the evidence;
b) their legal-statutory classification;
c) the aggravating and mitigating circumstances established;
d) the proposed sanction or, as the case may be, the proposal to dismiss the file;
e) any separate opinions.
(4) The Committee’s proposal is transmitted to the Board of Directors, accompanied by the disciplinary file, within 5 working days of the deliberation.
Art. 31. Decision of the Board of Directors
(1) The Board of Directors takes the final decision within 15 calendar days of receiving the Committee’s proposal.
(2) The Board of Directors may:
a) adopt the Committee’s proposal in full;
b) adopt the Committee’s proposal with a modification of the sanction (milder or more severe), with reasons;
c) return the file to the Committee for the completion of the investigation, expressly indicating the aspects to be clarified;
d) dismiss the file, if the facts are not proven or do not constitute a violation.
(3) The decision is taken by a simple majority of the members present, subject to a quorum of a minimum of three members.
(4) For sanctions of permanent expulsion or for those concerning a member of the Board of Directors, a qualified majority of four (4) out of five (5) members is required.
(5) The member of the Board of Directors who is a party to the file (under investigation or complainant) does not participate in the deliberation and vote.
Art. 32. Content of the decision
The disciplinary decision shall mandatorily include:
a) the file number and the date of the decision;
b) the identification data of the person under investigation;
c) the presentation of the complaint and of the established facts;
d) the breached norm;
e) the evidence retained and the reasoning for its assessment;
f) the reasoned response to the defences submitted;
g) the aggravating and mitigating circumstances established;
h) the sanction applied and the reasoning for its proportionality;
i) any complementary measures;
j) the date of entry into execution;
k) the avenue of appeal and the term for exercising it;
l) the signatures of the members of the Board of Directors.
Art. 33. Communication of the decision
(1) The decision is communicated, in writing, with confirmation of receipt:
a) to the person under investigation;
b) to the complainant, in the part concerning the resolution (without personal data of the person under investigation, unless strictly necessary);
c) to the structure of which the sanctioned person is a part (the Panel of Judges, the Teaching Staff, as the case may be).
(2) The communication is made within 5 working days of the adoption of the decision.
Chapter VIII. The appeal
Art. 34. The right to appeal
(1) The decision of the Board of Directors may be appealed to the General Assembly.
(2) The following have the right to appeal:
a) the sanctioned person, against the sanctioning decision;
b) the complainant, against the decision to dismiss the file or the decision by which a manifestly disproportionately mild sanction was applied.
Art. 35. Term and form
(1) The appeal is lodged in writing, with reasons, within 30 calendar days of the communication of the decision.
(2) The appeal shall include:
a) the identification data of the appellant;
b) the contested decision;
c) the grounds of appeal (of fact, of law, of procedure);
d) the new evidence proposed, if any;
e) the solution requested;
f) the date and signature.
(3) The appeal is submitted to the General Secretariat and is registered in the Disciplinary Register.
Art. 36. Procedure before the General Assembly
(1) The appeal is placed on the agenda of the first meeting of the General Assembly following its submission, but no later than 6 months from registration.
(2) In cases of urgency (suspension in progress, serious reputational damage), the appellant may request the convening of an extraordinary General Assembly. The decision to convene rests with the Board of Directors.
(3) During the meeting:
a) the appellant may support their appeal, in person or through a representative;
b) the Board of Directors supports the contested decision;
c) the General Assembly may request additional clarifications;
d) the General Assembly deliberates and votes publicly, by a simple majority of the members present, except where the appellant requests a secret vote, in which case the vote is conducted secretly.
(4) The General Assembly may:
a) reject the appeal, upholding the contested decision;
b) admit the appeal, annulling or modifying the decision (mitigation or removal of the sanction, in the case of the appeal of the sanctioned person; application or aggravation of the sanction, in the case of the appeal of the complainant).
(5) The decision of the General Assembly is final on the internal level of the Association and is communicated to all parties within 10 working days.
Chapter IX. Execution of sanctions
Art. 37. Entry into execution
(1) Sanctions enter into execution on the date provided in the decision, which may not be earlier than the date of communication.
(2) The lodging of an appeal suspends the execution of sanctions of temporary suspension or permanent expulsion, until the ruling of the General Assembly, except in cases where the Board of Directors, with reasons, orders immediate execution for the protection of major interests of the Association or of third parties.
(3) The written notice and the warning are executed immediately, regardless of any appeal.
Art. 38. Modalities of execution
(1) The written notice and the warning are recorded in the personal file of the sanctioned person and in the Disciplinary Register.
(2) The temporary suspension produces, for its duration, the cessation of the exercise of the respective status. The suspended person:
a) does not participate in the activities of the association in the respective capacity;
b) does not have the right to use the insignia or references of the Association;
c) may not be summoned to or elected in governing bodies of the Association;
d) retains the other membership rights, if the suspension is not global.
(3) Permanent expulsion produces the cessation of the status of member/judge/lecturer. The decision is communicated, as the case may be, to the affiliated international federations (WDF, IIPC), with an express indication of the publishable reasons.
Art. 39. The Disciplinary Register
(1) The Association maintains a Disciplinary Register, managed by the Secretary General.
(2) The Disciplinary Register contains, for each file:
a) the number and date of registration;
b) the parties;
c) the object of the complaint;
d) the decision adopted;
e) the avenue of appeal exercised and the solution in the appeal;
f) the date of execution and the date of any rehabilitation.
(3) The Disciplinary Register is confidential. Access to it is permitted exclusively to:
a) the members of the Board of Directors;
b) the Auditor, within the limits of their duties;
c) the person concerned, with regard to their own entries;
d) the courts of law or public authorities, under the conditions of the law.
Chapter X. Rehabilitation
Art. 40. Rehabilitation by operation of law
(1) Rehabilitation operates by operation of law, upon the elapse of certain terms from the execution of the sanction:
a) 6 months from the execution of the written notice;
b) 12 months from the execution of the warning;
c) 24 months from the conclusion of the temporary suspension;
d) 60 months from the permanent expulsion, in the event that the person requests readmission.
(2) During the rehabilitation period, the commission of a new violation entails the aggravation of the sanction (Art. 7 para. 1 lit. d and Art. 12 para. 2).
(3) After rehabilitation, the entry in the Disciplinary Register is retained, but may not be invoked as an aggravating circumstance in a new file.
Art. 41. Readmission after expulsion
(1) A permanently expelled person may request readmission to the Association after the elapse of a term of a minimum of 5 years from the decision of expulsion.
(2) The request for readmission is addressed to the Board of Directors and includes:
a) the presentation of the reasons and of the professional and personal path since the expulsion;
b) elements justifying that the circumstances that led to the expulsion have ceased or have been remedied;
c) two recommendations from members of the Association or recognized professionals.
(3) The decision on readmission is taken by the General Assembly, at the proposal of the Board of Directors, by a simple majority of the members present.
(4) Readmission is not a matter of right and is granted exceptionally, with reasons. The refusal does not require detailed reasoning beyond the finding that the circumstances of the expulsion are not sufficiently compensated.
Chapter XI. Final provisions
Art. 42. Annual reporting
The Board of Directors presents to the General Assembly, within the ordinary annual meeting, a synthetic report on the disciplinary activity of the previous year, which includes: the number of complaints, their classification, the sanctions applied, the appeals resolved, the trends identified, without personal data of the parties.
Art. 43. Amendment of the Procedure
(1) The amendment of this Procedure is made by decision of the Board of Directors by a qualified majority of four (4) out of five (5) members.
(2) The amendments are ratified by the General Assembly at the first meeting following their adoption.
(3) Procedures commenced under the regime of the previous Procedure continue according to the rules in force at the date of registration of the complaint, except in situations where the new Procedure contains provisions more favourable to the person under investigation.
Art. 44. Entry into force
(1) This Procedure was approved by the Board of Directors in the meeting of [data] and ratified by the General Assembly on [data].
(2) The Procedure enters into force on the date of ratification by the General Assembly.