FNEG Racial & Religious Tolerance Policy

9.0 RACIAL AND RELIGIOUS VILIFICATION

POLICY

(a) No spectator or player in his capacity as a

player of a club or, in the course of carrying

out his duties or functions as or incidental to

a player of a Club or any director, officer,

servant, or agent of a club (including without

limitation any coach, assistant coach, trainer,

medical officer, runner or person entitled to

enter the arena during the course of or prior to

or during any break in play in any match)

shall act towards or speak to any other person

in a manner, or engage in any other conduct

which threatens, disparages, vilifies or insults

another person (the person vilified) on the

basis of that persons race, religion, color,

descent or national or ethnic origin.

PROCEDURE:

(b) In the event that it is alleged that a person has

contravened Rule (a) an umpire, club or

player may by 5.00 p.m. on the first business

day following the day on which the

contravention is alleged to have occurred,

lodge a complaint in writing with the person

appointed from time to time by the League as 

the Complaints Officer for the purposes of

this Rule.

(c) The League shall:

(i) Inform the person alleged to have

contravened Rule (a)/Policy of the

complaint and provide that person

with an opportunity to respond to it.

(ii) Arrange for the complaint to be

mediated and take all steps necessary

for the complaint to be mediated.

(d) Where the League is of the opinion that the

matter has not been resolved by mediation,

the League shall:€“

(i) In the case of a player, refer the

complaint to the tribunal to be dealt

with as a reportable offence under the

Laws of Australian Football; or

(ii) In the case of any other person, refer

the complaint to the League to be

dealt with under Rule 5.2 of the

VCFL Rules and Regulations.

(e) Where a person alleged to have contravened

Rule (a) has previously taken part in a

mediation (other than as a person vilified),

the League may refer the complaint directly

to the Tribunal to be dealt with as a reportable

offence under the Laws of Australian Football

in the case of a player, or directly to the

League to be dealt with under Rule 5.2 of the

VCFL Rules and Regulations in the case of

any other person.

(f) Any mediation referred to in Rule (c) shall be

conducted by the nominee of the President for

the time being of the Human Rights and Equal

Opportunity Commission (Commonwealth)

provided that if the President is unable or

unwilling to nominate, the League shall

nominate a person to mediate, subject to the

approval of the VCFLArea Manager.

(g) In the event that a complaint is referred to the

League Tribunal under Rule (d), no evidence

shall be given to or accepted by the Tribunal

or the League relating to anything said or

done in any mediation carried out pursuant to

Rule (c).

(h) In the event that a Complaints Officer has not

been appointed for the purposes of these

Rules or if appointed is for any reason

unavailable to act under these Rules, the

Complaints Officer for the purpose of these

Rules shall be the League Secretary/General

Manager.

(i) The Complaints Officer shall make all

reasonable efforts to ensure that mediation of

a complaint under Rule (c) is completed by

5.00 p.m., on the fifth business day following

the day on which the incident is alleged to

have occurred.

(j) In any case where the Complaints Officer

determines to refer the complaint to the

Tribunal or the League, the complaint shall be

referred in time for the Tribunal or the League

as the case may be, to deal with it within 48

hours of any cessation in the mediation

process.

(k) Any time limit for the doing of anything

referred to in this Rule may be extended by

the League if in the opinion of the League it

is just and equitable to do so.

(l) In the event that a complaint under these

Rules in respect of conduct engaged in by a

person is found to have been proven by the

tribunal or where the League determines that

a person the subject of a complaint has been

involved in conduct which is unbecoming or

prejudicial to the interests of the League, the

club employing, engaging or otherwise

associated with the person at the time of the

conduct shall be deemed to be vicariously

liable for the conduct of the person and shall

pay to the League a penalty determined by the

League.

(m) Rule (l) does not apply to a contravention by

a person if in the opinion of the League the

club took all reasonable steps to prevent

persons employed, engaged or otherwise

associated with the club from engaging in the

conduct which contravened the vilification

rules.

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