AIBA Disciplinary Commission Process
1. Chairman of Disciplinary Commission (“DC”) receives Brief of Complaint (the “Complaint) from the AIBA Legal and Integrity Department on behalf of the relevant body. The Complaint shall set forth in clear and concise language in numbered paragraphs:
a. The alleged violations including the dates of the alleged violations.
b. The specific article/section of statute, bylaw, rule or code alleged to be violated.
c. The remedy requested, including amount of fine and period of suspension if applicable,
d. The AIBA member(s) or person(s) bringing the Complaint shall sign the complaint.
2. If any Complaint is received directly by a DC member, the Complaint will be directed to AIBA Legal for registration and processing. AIBA Legal sends the Complaint to the Chairman.
3. Chair will select panel and chair of the panel to consider the Complaint. Once selected, the DC Chair will send to the panel the Complaint and advise of any provisional measures that have been taken. The panel will determine how to proceed (jurisdiction, commencement, more information, other).
4. The panel determines:
a. Jurisdiction (if not, the matter is referred to the competent body).
5. If it is determined that 4.a. and 4.b. are satisfied, the panel proceeds with the preparation of a letter of notification. The panel shall cause the letter of notification and a copy of the Complaint, including all exhibits or attachments and any requests for information, to be sent to the named parties
6. Responses shall be required within 15 days unless exceptional circumstances require otherwise. Panel must provide a specific date and time for receipt of response.
7. Upon receipt and review of response or failure to engage, the panel has the following options:
a. Request clarification and/or request from a party further submissions if deemed necessary prior to determining the matter, or
b. Organize a hearing if deemed necessary prior to determining the matter, or
c. Determine the matter of all information provided.
8. If 7.a., then the process will continue until the panel is satisfied that they have the evidence necessary to decide the case. Defendant must have the last opportunity to respond to all submissions made. Final submissions shall be made by the defendant in a timely manner as determined by the panel chair.
9. Designated panel member drafts the decision on the terms agreed between the members.
10. All final decisions will be distributed to all DC members and the Chair of the panel will submit the final signed decision to the AIBA legal Department for notification and distribution.
11. The panel will be dissolved once the final signed decision has been issued.