After receiving the formal complaint, and based on the material provided, the GMO will determine those Code of Conduct complaints that require investigation by the Judiciary Committee.
In making this decision the GMO will take into account the following:
- The relationship between the complainant and the respondent (the member who is the subject of the allegations)
- Whether the facts of the complaint are in dispute
- The urgency of the complaint, including the possibility that the complainant might face further unacceptable behavior while the process is underway
- If this is an MNZ matter or a matter for the police or other appropriate authority
If the Judiciary Committee is the appropriate Committee to handle the complaint the following process will be followed:
- The Judiciary Committee, either by mail or conference call, shall decide to manage the proceedings, including determining the following (collectively known as the Directions):
- The manner in which evidence (if any) and documents are to be provided to the Judiciary Committee
- The date, place, time and format of a hearing (if any)
- Such other matters or information required to bring the matter to prompt resolution.
- The Directions and notice of the allegations will be notified to the respondent and to the complainant not less than 14 days before any hearing date.
- If the respondent wishes to appear at any hearing he or she must give notice of his or her intention to attend at least five working days prior to the date of the hearing.
The procedure for hearings as well as the evidence in procedure and information on decisions are outlined in the Manual of Motorcycle Sport (Off Road and Road) Chapter 7.3.8, 7.3.9 and 7.3.10.
Penalties
The penalties that may be imposed by the Judiciary Committee are:
- Reprimand or warning
- Interim suspension order pending the Judiciary hearing of any allegations (refer to MoMS Chapter 7.4.6 and 7.4.8)
- A fine
- Exclusion from entry at a race meeting
- Suspension from an activity or activities of MNZ, including but not limited to training camps, competitions, event, tournaments, meetings and functions, on such terms and for such a period as it sees fit
- Suspension of MNZ membership
- Relegation
- Termination of MNZ membership of MNZ
- Such other penalty or any combination of the above penalties the committee considers appropriate for the offence