11. COMMITTEES, COMMISSION, PANEL
11.1 General Provisions
Each committee shall consist of a chairman elected by the General Assembly and a maximum of six (6) members (exception Technical committee 10 members) from various states who shall be appointed by the Executive in consultation with the Committee Chairman.
11.2 Medical Committee.
11.2.1 All decisions of the Committee require the approval of the General Assembly. However, the Committee’s decisions are the final decisions of the NCF on the matters as assigned in article 4.4 of the NCF Anti-Doping Rules having the responsibility of the Medical Committee:
11.2.1.1 to consider and make decisions on requests for Therapeutic Use Exemptions (TUE) of international level athletes;
11.2.1.2 to establish a register for the TUE applications and decisions on them and keep the Register updated;
11.2.1.3 all members of the Medical Committee, as well as any administrative persons of the NCF involved, shall conduct all of their activities in strict confidence, and shall sign confidentiality and conflict-of-interest agreements in accordance with article 5.0 of the NCF International Standard for Therapeutic Use Exemptions;
11.2.1.4 to modify the NCF TUE application forms suitable to use within the NCF and ensure that the forms are displayed at the NCF Web site.
11.2.2 Safeguards the health of the Curlers.
11.2.3 Act as consultant to the promoter of world championships on such matters as medical and hygienic conditions and food supplies to competitors.
11.2.4 Appoint duty doctor(s) for each day of the championships. The doctor(s)' specific duties shall include:
11.2.4.1 To be available at each weigh-in period.
11.2.4.2 Supervise the application of bandages and plasters in accordance with NCF rules and notify the Jury of such treatment.
11.2.4.3 Establish a liaison with local medical facilities and doctors for the provision of medical treatment, transport and ambulance service if necessary in emergency.
11.2.4.4 The duty doctor to be present at the start of each competition together with referees and Curling.
11.2.4.5 The duty doctor may participate in the doping control procedure.
11.2.5 Conduct research and collect material relating to the field of sports medicine. Such material when approved to be distributed to affiliated nations.
11.2.6 Carry out specific studies in relation to sports injuries, treatment and prevention.
11.2.7 Take out and maintain membership of International Sports Medicine Federations.
11.2.8 Conduct such research as necessary to review and establish appropriate bodyweight classes for competition.
11.2.9 Conduct such research as necessary to review and establish appropriate doping control procedures to ensure the integrity of Curling competition and records.
11.3 Disciplinary Committee
11.3.1 Disciplinary hearings
The following provisions shall apply to Disciplinary hearings.
11.3.1.1 DISCIPLINARY HEARINGS
The Disciplinary committee shall investigate the case of any affiliated association, Curler or official accused of any of the following:
I) Bringing the NCF or the sport of Curling into disrepute.
II) Acting in a manner that is contrary to the best interests of the NCF.
III) Contravening any of the provisions of the Constitution or By-Laws.
IV) Contravening any of the rules or regulations governing the accepted behavior of members of the NCF. Following such investigation it may impose an appropriate penalty.
11.3.1.2 Representation
The Association, the concerned Curler or official has the opportunity to let himself be represented at the Disciplinary Committee by an authorized person, e.g. lawyer. The costs for the representative have to be paid by the Federation if he or she cannot afford any, the Curler or the official himself, regardless of the outcome of the hearing.
11.3.2 Duties
The Disciplinary committee (DC) shall be entrusted with the examination and decision of disciplinary cases within the NCF. The Secretary General mandated by the Executive Committee shall send such cases to the DC. Disciplinary cases also can be sent to the DC by a State association. The DC shall further collect all relevant information needed to deal with the case as mandated in the various parts of the Constitution and By-Laws. All sensitive information shall be treated confidential within the parties involved.
The Disciplinary committee consists out of the Chairman elected by General Assembly and 2 other members appointed by the Executive Committee.
The Disciplinary committee must decide about all penalties except on doping related cases. Duties of the DC as apply to the Result Management Procedure on doping related cases are as defined in article 7 of the NCF Anti-Doping Rules.
11.4 Appeal Committee
11.4.1 Appeal hearings
The Appeal committee shall receive all documents relating to any appeal except an appeal(s) against any decision on doping related cases. Decisions made under the NCF Anti-Doping Rules may be appealed exclusively to the Court of Arbitration for Sport (CAS) in accordance with the provisions applicable before such court (re the NCF Anti-Doping Rules, article 13).
Appeals other than appeals to the CAS must be lodged with the Appeal Committee Chairman within one month of the written notification of the decision on which the appeal is based. A copy of the appeal must be sent to the Secretary General.
The Appeal committee shall within one month of receiving all documentation relating to the appeal examines and investigate the matter and decide on an appropriate penalty.
Appeals lodged with the Appeal Committee and appeals to the General Assembly must each be accompanied by payment according to By-Laws 103.2.9 for appeals. If the appeal is successful no financial claim or other petition for damages may be made against the NCF. Following successful appeals, the fee paid for the appeal will be refunded.
An appeal against any decision of the Appeal Committee may be made to the General Assembly. Such appeal must be lodged with the Secretary General within one month of the written decision of the Appeal Committee, and not later than six weeks before the date of the General Assembly. The appeal shall be lodged with the Secretary General who shall then include the appeal on the agenda to be considered by General Assembly.
Within a one month period following the decision of General Assembly on an appeal, there shall be a final right of appeal to the Court of Arbitration for Sport.
The Appeal Committee may, in its absolute discretion, waive or vary the time limits contained herein.
11.4.2 Duties
The Appeal committee consists out of the Chairman elected by General Assembly and 4 members. The members must not be simultaneous a member in the Disciplinary Committee. Duties are described in the in the NCF-Constitution 11.4.1 „Appeal Hearings“.
After examining all facts and documents the committee makes its decision and sends this to the NCF-Executive and the concerned State Association.
11.5 Law and Legislation Committee
11.5.1 Shall receive any proposals regarding Constitution and By-Laws documents of the NCF from member nations within the proper time frame, evaluate accordingly and suggest to the NCF-Executive Committee alternative courses in action.
11.5.2 Shall serve as the parent committee in further amending the Constitution and By-Laws.
11.5.3 Is responsible for updating the Constitution and the By-Laws.
11.5.4 Shall study the Constitutions of new applicant nations and report the results to the Secretary General.
11.6 Anti-Doping Commission
The Anti-Doping Commission shall be responsible for overseeing all testing conducted by the NCF. Testing may be conducted by members of the NCF Anti-Doping Commission or by other qualified persons so authorized by the NCF Anti-Doping Commission.
11.6.1 The Anti-Doping Commission consists of a Chair and a minimum of four and a maximum of five other members with experience in anti-doping elected by the Executive Committee.
11.6.2 The Anti-Doping Commission shall arrange, co-ordinate and supervise doping testing for all NCF Championships and other International Events where the NCF is the ruling body for the Event, and for Out-of-Competition Doping Control Sessions initiated by the NCF. The main duties are:
a) to establish and maintain a system for collecting details regarding the Sample Collection Sessions;
b) to establish criteria for who may be authorized to be present during a Sample Collection Sessions;
c) to co-operate with the organizers/promoters of World Championships and other International Events where the WCF is the ruling body for the Event in preparing the Sample Collection Sessions;
d) to ensure that the Doping Control Stations meet the minimum criteria prescribed in article 6.3.2 of the WADA International Standard for Testing;
e) to appoint the sample collection Officers and their assistants or to make contracts with an Anti-Doping Agencies or assets to carry out the sampling at all World Championships and other International Events where the NCF is the ruling body for the Event;
f) to appoint the sample collection Officers and their assistants or to make contracts with an Anti-Doping Agencies or assets to carry out the sampling at Out-of-Competition Doping Control Sessions;
g) to provide an appropriate sample collection equipment and documents to the Doping Control Stations, or to ensure that the appointed Doping Control Officers are equipped with the relevant sampling kit and documents;
h) to ensure that Sample Collection Equipment used meets the minimum criteria prescribed in article 6.3.4 of the WADA International Standard for Testing;
i) to ensure that the Sample Collection procedures, Security/Post test administration and Transport of Samples and documentation substantially complies with the requirements prescribed in articles 7.0 - 9.3.6 of the WADA International Standard for Testing.
11.6.3 The Anti-Doping Commission shall also review and update the criteria for inclusion in a Registered Testing Pool; and
11.6.4 Collect, maintain and monitor sufficient athlete whereabouts information;
11.6.5 Develop and document a test distribution plan;
11.6.6 Select athletes for Out-of-Competition coping control;
11.6.7 Report to the WADA clearinghouse all In-Competition and Out-of-Competition tests on athletes included in the NCF Registered Testing Pool as soon as possible after such tests have been conducted.
11.7 Doping Hearing Panel
11.7.1 Consists of a Chair and four other experts with experience in anti-doping. Each panel member shall be otherwise independent of the NCF. Each panel member shall serve a term of four years.
11.7.2 As determined in article 8 of the NCF Anti-Doping Rules, arranges and conduct of hearings and makes decisions when it appears, following the result management process described in article 7 of the NCF Anti-Doping Rules, that the NCF Anti-Doping Rules have been violated at or in connection of International Events or Out-of-Competition testing on an international level athletes initiated by the NCF or WADA.
