CUSID Ombudsperson By-Law


CUSID OMBUDSPERSON BYLAW

DEFINITIONS

In this Bylaw,
Ombudsperson shall refer to either of the regional representatives or the national Ombudsperson unless otherwise specified.

CUSID Executive shall refer to a quorum of CUSID Executive members as dictated in that organization’s enacting Bylaw.

OMBUDSPERSON

There shall be appointed, as parties independent to the CUSID executive, a National Ombudsperson and Three Regional Ombudspersons (West, Central, East) to exercise the powers and perform the duties prescribed by this Bylaw.

ITEM

The National Ombudsperson shall oversee the activities and functions of the Regional representatives and shall be charged with responsibility for assembling the annual report.

APPOINTMENT

The Ombudspersons shall be appointed prior to the beginning of the fall academic semester by a simple majority vote of the CUSID Executive.

TERM OF OFFICE AND REMOVAL

The Ombudspersons shall hold office for a term of one year and may be reappointed for a further term or terms, but are removable at any time for cause by a simple majority vote of the CUSID executive.

TEMPORARY OMBUDSPERSON

In the event of the death or resignation of the Ombudsperson or if the Ombudsperson is unable or neglects to perform the functions of his or her office, the CUSID executive may appoint a temporary Ombudsperson, who shall, while in such office, have the powers and duties and perform the functions of the Ombudsperson.

ANNUAL REPORT

The Ombudspersons shall report annually upon the affairs of the Ombudsperson’s office to the CUSID Executive.

SECRECY

Before commencing the duties of his or her office, the Ombudsperson shall agree that he or she will faithfully and impartially exercise the functions of his or her office and that he or she will not disclose any information received by him or her as Ombudsperson.

DISCLOSURE

The Ombudsperson may disclose in any report made by him or her under this Bylaw such matters as in the Ombudsperson’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations.

FUNCTION OF OMBUDSPERSON

The function of the Ombudsperson is to investigate any decision or recommendation made or any act done or omitted in the course of the administration of the CUSID executive or any of the bodies which it sanctions or the behaviour of any individual considered by the CUSID Code of Conduct that affect any person or body of persons in his, her or its personal capacity within the CUSID community.

INVESTIGATION ON COMPLAINT

The Ombudsperson may make any such investigation on a complaint made to him or her by any person affected or by any member of the CUSID executive or any of the bodies which it sanctions to whom a complaint is made by any person affected (reactive), or of the Ombudsperson’s own motion (proactive).

GUIDANCE RULES

The CUSID Executive may make general rules for the guidance of the Ombudsperson in the exercise of his or her functions under this Bylaw.

PROCEDURES

Subject to this Bylaw and any rules made under this section, the Ombudspersons may determine his or her procedures.

Every complaint to the Ombudsperson shall be made in writing.

OMBUDSPERSON MAY REFUSE TO INVESTIGATE COMPLAINT

If, in the course of the investigation of any complaint within his or her jurisdiction, it appears to the Ombudsperson,

    (a) that under the law or existing administrative practice there is an adequate remedy for the complainant, whether or not the complainant has availed himself, herself or itself of it; or

    (b) that, having regard to all the circumstances of the case, any further investigation is unnecessary,

the Ombudsperson may in his or her discretion refuse to investigate the matter further.

ITEM

Without limiting the generality of the powers conferred on the Ombudsperson by this Bylaw, the Ombudsperson may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate, any complaint if it relates to any decision, recommendation, act or omission of which the complainant has had knowledge for more than twelve months before the complaint is received by the Ombudsperson, or, if in his or her opinion,

    (a) the subject-matter of the complaint is trivial;

    (b) the complaint is frivolous or vexatious or is not made in good faith;

    (c) the complainant has not a sufficient personal interest in the subject-matter of the complaint.

COMPLAINANT TO BE INFORMED

In any case where the Ombudsperson decides not to investigate or further investigate a complaint, the Ombudsperson shall inform the complainant of that decision, and may if he or she thinks fit state the reasons therefore.

PROCEEDING OF THE OMBUDSPERSON

Before investigating any matter, the Ombudsperson shall inform the head of the organization and/or tournament affected of his or her intention to make the investigation.

INVESTIGATION TO BE PRIVATE

Every investigation by the Ombudsperson under this Bylaw shall be conducted in private.

WHERE HEARING NECESSARY

The Ombudsperson may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsperson to hold any hearing and no person is entitled as of right to be heard by the Ombudsperson, but, if at any time during the course of an investigation, it appears to the Ombudsperson that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect any organization or person, the Ombudsperson shall give to that organization or person an opportunity to make representations respecting the adverse report or recommendation.

PROCEDURE AFTER INVESTIGATION

This section applies in every case where, after making an investigation under this Bylaw, the Ombudsperson is of opinion that the behaviour, decision, recommendation, act or omission which was the subject-matter of the investigation,

    • (a) that the matter should be referred to the appropriate authority for further consideration;

      (b) that the omission should be rectified;

      (c) that the decision or recommendation should be canceled or varied;

      (d) that any practice on which the decision, recommendation, act or omission was based should be altered;

      (e) that reasons should have been given for the decision or recommendation; or

      (f) that any other steps should be taken,

  • (a) appears to have been contrary to an established code of conduct;

    (b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or a provision of any Bylaw, Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory;

    (c) was based wholly or partly on a mistake of law or fact; or

    (d) was wrong.

    ITEM

    This section also applies in any case where the Ombudsperson is of opinion that in the behaviour, making of the decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations, or that, in the case of a decision made in the exercise of any discretionary power, reasons should have been given for the decision.

    OMBUDSPERSON’S REPORT AND RECOMMENDATIONS

    If in any case to which this section applies the Ombudsperson is of opinion,

    the Ombudsperson shall report his or her opinion, and the reasons therefore, to the CUSID Executive, and may make such recommendations as he or she thinks fit and the Ombudsperson may request the CUSID Executive to notify him or her, within a specified time, of the steps, if any, that it proposes to take to give effect to his or her recommendations.

    WHERE NO APPROPRIATE ACTION IS TAKEN BY CUSID EXECUTIVE

    If within a reasonable time after the report is made no action is taken which seems to the Ombudsperson to be adequate and appropriate, the Ombudsperson, in his or her discretion, after considering the comments, if any, made by or on behalf of any governmental organization affected, may issue a report and recommendations to be presented before the general assembly of the CUSID membership, within the parameters of maintaining strict confidences.

    ITEM

    In no case will the Ombudsperson make recommendations directly to the complainant, the complainee or any involved party apart from the CUSID Executive, except on the express advice of the CUSID Executive.

    COMPLAINANT TO BE INFORMED OF RESULT OF INVESTIGATION

    Where, on any investigation following a complaint, the Ombudsperson makes a recommendation, and no action which seems to the Ombudsperson to be adequate and appropriate is taken thereon within a reasonable time, the Ombudsperson shall inform the complainant of his or her recommendation, and may make such comments on the matter as he or she thinks fit.

    ITEM

    The Ombudsperson shall in any case inform the complainant, in such manner and at such time as he or she thinks proper, of the result of the investigation.

    OFFENSES AND PENALTIES

    Penalties and sanctions shall lie at the sole discretion of the CUSID Executive.

    RIGHTS UNDER BYLAW DO NOT AFFECT OTHER RIGHTS

    The provisions of this Bylaw are in addition to the provisions of any other Bylaw or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Bylaw limits or affects any such remedy or right of appeal or objection or procedure.

    REGULATION UNDER OMBUDSPERSON BYLAW
    GENERAL RULES

    1. The Ombudsperson shall, no later than three months after the end of the Ombudsperson’s reporting period, table his or her Annual report, with the CUSID Executive.

    2. The Ombudsperson shall not, except where permitted by the Bylaw in carrying out functions thereunder, disclose to any third party any information received by the Ombudsperson or his or her staff while carrying out any of the functions of the Ombudsperson under the Bylaw.

    3. Where at any time during the course of an investigation it appears to the Ombudsperson that there may be sufficient grounds for formulating opinions or of making any recommendations, which has the effect of altering, opposing or causing the original action, decision, recommendation, act or omission to be changed in any way, the Ombudsperson shall give the relevant organization and any person who is identified or is capable of being identified as having made or committed or caused to be made or committed, as the case may be, the action, decision, recommendation, act or omission, an opportunity to make representations respecting the adverse report or recommendations.

    4. In all cases where the Ombudsperson has concluded that a response by the CUSID Executive to a report made by the Ombudsperson is neither adequate nor appropriate, and where the Ombudsperson wishes ultimately, if the matter cannot be resolved, to seek support for his or her recommendation before the CUSID general membership, the report shall be referred to the CUSID President before it is referred to the CUSID general membership.