Respondent's guide to hearings

Does every case lead to a hearing before the independent Disciplinary Committee?

No. It depends on the seriousness of the alleged breach of the Safe Sport Unified Code (“Unified Code”).

The level of seriousness of a breach can be classified as low, medium or high based on the Assessment of Seriousness.

A breach that is classified at a low level of seriousness will be managed by the Member Organisation. Breaches of higher levels of seriousness will be managed by the Commission.

To learn more about the Assessment of Seriousness, see Appendix 1 & 2 of the Safe Sport Programme Handbook (“ the Handbook”).

Why is there a need for a hearing?

The purpose of a hearing is twofold:

• to allow the Respondent an opportunity to provide their account to an independent Disciplinary Committee

• to determine the appropriate sanctions where the Disciplinary Committee decides that a breach of the Unified Code has occurred

Who will be on the independent Disciplinary Committee?

The Discipline Panel Chairperson will normally appoint three (3) Members from the independent Disciplinary Panel to form the independent Disciplinary Committee for the hearing which will be made up of:

• one (1) Legal Member, who will chair the hearing

• two (2) Ordinary Members

How have the independent Disciplinary Panel Members been appointed?

The Members of the independent Disciplinary Panel have been appointed by the Ministry of Culture, Community and Youth.

The criteria for becoming a independent Disciplinary Panel Member can be found in Appendix 5 of the Handbook.

May I admit to the breach(es) before the hearing?

Yes, you may admit to the alleged breach(es) at any time before the hearing or even during the hearing. If you do so, the Disciplinary Committee will proceed to determine if any sanction(s) should be imposed and in the process, mitigating or aggravating factor(s) will be considered.

For more information, please see Section 8.6 and Appendix 3 of the Handbook.

Will I be subjected to any temporary measures before the hearing?

Temporary measures may be imposed pending investigations based on:

• severity of the Misconduct

• sufficiency of evidence

• risk of further harm
  
  For more information on this, please see Section 6.11 of the Handbook.

What if I am unable to attend the hearing?

If you are unable to attend due to illness or unforeseen circumstances, do write to the secretariat (report@safesport.sg) specifying your reasons. The Disciplinary Committee will decide whether to adjourn the hearing.

The hearing may still proceed in your absence under certain circumstances as per Section 17.3 of the Handbook.

What should I take note of prior to the hearing

You would have received a Notice of Hearing which comprises the details of the documents and the procedures involved in the hearing process.

Where the case is complex, the Disciplinary Committee Chair may decide that a pre-hearing meeting with you may be necessary to assist the Disciplinary Committee managing the hearing process.

You can find out more of the hearing procedures in Section 18 of the Handbook.

How does the independent Disciplinary Committee make a decision?

Based on the available evidence and the balance of probabilities, the Disciplinary Committee will determine if a breach has taken place.

The decision-making framework, based on culpability and harm, guides the Disciplinary Committee in making an appropriate decision on the measures and/or sanctions.

You can find out more about this in Section 8.4 and Appendix 2 of the Handbook.

Will I be able to ask the Affected Party, or any of the witnesses, any questions during the hearing?

Unlike court processes which are adversarial, the objective of these proceedings is inquisitorial in nature. Therefore, there is no direct questioning of the Affected Party and/or other witnesses except by the Disciplinary Committee.

For more information, please see Section 18.11 of the Handbook.

What are some of the possible sanctions which I could be subjected to?

The sanctions for breach of the Unified Code pertain to a person’s participation in sport.

You could receive a warning, a direction to do something (e.g. attend a course, contact limitations) or your participation may be limited (e.g. probation, suspension, permanent ineligibility).

You can find a non-exhaustive list of measures and sanctions in Appendix 3 of the Handbook.

On what grounds may I appeal?

You may appeal the Decision of the Disciplinary Committee on the following grounds:

• error in application of rules and/or in a central finding of fact,

• that a sanction is manifestly excessive and/or wrong in in principle

• that a sanction was unduly lenient

• that a decision should be overturned in the interests of natural justice.
  
  The Commission may also lodge an appeal against the Decision of the Disciplinary Committee. For more information on appeals, please see Section 9 of the Handbook.

How much time do I have to lodge an appeal?

To lodge an appeal, you have fourteen (14) days from the date of being informed of the written Decision.

For more information on Appeals, please see Section 9 of the Handbook.

Who will be on the Appeal Committee? 

The Disciplinary Panel Chairperson will appoint Disciplinary Panel Members that have not already heard the case to be on the independent Appeal Committee.

How does the Committee reach its outcome?

The Appeal Committee shall be provided with all available records of the proceedings before the Disciplinary Committee and shall have the power to conduct and regulate the appeal proceedings as it deems fit.

For more information on the Appeal Committee and their proceedings, please see Section 19 of the Handbook.

What happens to any measures/sanctions imposed by the Disciplinary Committee whilst the Appeal is pending?

The measures/sanctions imposed by the independent Disciplinary Committee remain in place pending the outcome of the Appeal.

Will I have to appear before the Appeal Committee?

This will depend on:

• the grounds of appeal (whether the matter of appeal relates to a question of law and/or fact)

• whether the Appeal Committee needs to hear the matter afresh
  
  For more information, please see Section 19 of the Handbook.

Are there further avenues of appeal after the Appeal Committee’s decision?

No. The independent Appeal Committee’s decision is final and binding.

Will the documents pertaining to my case be kept confidential?

Unless disclosed by the Commission, all documents and/or evidence related to the Response and/or Resolution Process are confidential.

More on confidentiality can be read from Section 10 of the Handbook.

Will the sanctions be made public?

The Commission may maintain a publicly available, searchable register on the outcome of disciplinary processes.

For more information, please see Section 10.6 of the Handbook.