Disciplinary Regulations

Preamble

These Disciplinary Regulations are an internal regulation of Retriever Klub CZ – spolek (hereinafter referred to as “RK CZ”). They govern the procedures for disciplinary proceedings and the imposition of disciplinary measures in accordance with the Articles of Association of RK CZ.

It is the responsibility of RK CZ to establish standards of conduct for its members and governing bodies and, where those standards are breached, to ensure that appropriate corrective action is taken and, where necessary, disciplinary measures are imposed. The body authorised to conduct disciplinary proceedings against members is the Disciplinary Committee, elected by the General Meeting in accordance with Article 13 of the Articles of Association of RK CZ.

Disciplinary proceedings, together with any disciplinary measures imposed, are intended primarily to prevent disciplinary offences and to discourage future misconduct. Their purpose is to contribute to maintaining the good reputation of RK CZ both within the Czech Republic and internationally, particularly within the Fédération Cynologique Internationale (FCI).

General Provisions

I. General Provisions

a) The body of the Association having exclusive authority to conduct disciplinary proceedings is the Disciplinary Committee (hereinafter referred to as the “Committee”). A disciplinary decision requires the approval of at least two members of the Committee. The decision shall be signed by the Chair of the Committee. The Committee is required to make a written record of the vote on the adoption of each specific decision.

b) Unless otherwise provided for in these Disciplinary Regulations or in the Articles of Association of RK CZ, disciplinary proceedings shall be conducted in accordance with the general principles of civil court proceedings under Act No. 99/1963 Coll., the Czech Code of Civil Procedure, as amended, to the extent appropriate.

c) The Committee shall maintain a case file for each disciplinary proceeding, containing all documents and evidence on which its decision is based. Upon request, the person subject to disciplinary proceedings (hereinafter referred to as the “Respondent”) and/or their legal representative shall be granted access to the case file. Where physical inspection of the file is not reasonably possible, the Committee shall provide its contents electronically (by e-mail or via a data box). If the request is manifestly abusive, the Committee may refuse access.

d) The Committee is authorised to obtain evidence on its own initiative, whether in favour of or against the Respondent, in order to establish the facts of the case and to determine objectively whether a disciplinary measure should be imposed.

II. Commencement of Disciplinary Proceedings

  1. Disciplinary proceedings may only be initiated by the Disciplinary Committee. Proceedings may be initiated:
    • a) upon receipt of a written complaint submitted by a member of RK CZ;
    • b) on the Committee’s own initiative, based on information obtained by a member of the Disciplinary Committee.
  2. Where the Committee considers whether to initiate disciplinary proceedings against one of its own members, that member shall not participate in the decision. Instead, the Chair of the Supervisory Committee shall vote in their place. The decision to initiate disciplinary proceedings shall be recorded in the minutes of the Committee meeting.
  3. The Committee shall notify the Respondent in writing of the commencement of disciplinary proceedings, either at the address recorded in the register of members or, where applicable, through the Respondent’s official data box. The notice shall be sent within 30 days of the date on which the proceedings were initiated. Any delay in sending the notice shall not affect either the validity or the commencement date of the disciplinary proceedings.
  4. The notice shall state the reasons why the Committee considers that disciplinary proceedings should be initiated and the circumstances indicating that a disciplinary offence may have been committed. It shall also clearly identify the conduct alleged against the Respondent and specify the RK CZ regulation or other applicable rule alleged to have been breached.
    During the proceedings, the Committee may amend or reclassify the alleged disciplinary offence if justified by facts established during the investigation. Any such amendment shall be communicated to the Respondent in writing.
  5. No appeal may be lodged against the decision to commence disciplinary proceedings or against the notice of commencement itself. Until the disciplinary proceedings have been concluded, the Respondent shall be presumed not to be disciplinarily liable for the alleged misconduct.
  6. The notice commencing disciplinary proceedings shall invite the Respondent to submit a written statement together with any evidence supporting their position. The Respondent shall be given 15 days from the date of service of the notice to respond. Once this period has expired, the Committee may proceed to decide the matter.

III. Disciplinary Proceedings

  1. Once disciplinary proceedings have been commenced, the Committee shall have the authority and the duty to investigate the matter by all available means in order to establish the facts relating to the conduct alleged against the Respondent accurately and comprehensively.
  2. Throughout the proceedings, the Respondent shall have the right to submit written observations on all facts and on all evidence contained in the case file. The Respondent may propose and submit evidence in support of their position. Where the Respondent fails to provide any proposed evidence, the Committee shall decide at its own discretion whether to obtain such evidence itself.
  3. Once the Committee has completed its investigation and is satisfied that all evidence necessary for a decision has been obtained, it shall notify the Respondent in writing that the investigation has been concluded. Before a decision is issued, the Respondent shall be given a final opportunity to comment on the documents contained in the case file and to submit any additional evidence in support of their position.
    The Committee shall allow the Respondent at least five working days to exercise these rights. Upon expiry of that period, the Committee may issue its decision regardless of whether the Respondent has submitted any further observations or evidence.

IV. Disciplinary Decision

  1. The Committee shall conclude disciplinary proceedings by issuing a disciplinary decision (hereinafter referred to as the “Decision”). The Decision shall consist of an operative part and a statement of reasons.
  2. The decision section shall contain one of the following findings:
    • a) The Respondent is found responsible for having committed the following disciplinary offence:
      …description of the conduct…
      This conduct constitutes a disciplinary offence pursuant to Article … of the Articles of Association, in conjunction with Article … of … .
      The following disciplinary measure is imposed:
      • …disciplinary measure…
    • b) The Respondent is not found responsible for having committed a disciplinary offence in relation to the alleged conduct, as the conduct either did not occur or does not constitute a disciplinary offence. The disciplinary proceedings are therefore terminated.
  3. The statement of reasons shall set out in detail the grounds on which the Committee reached its decision. It shall include an assessment of each item of evidence, including any evidence to which the Committee gave no weight, together with the reasons for doing so. The statement of reasons shall clearly explain the Committee’s findings and the considerations that led both to its decision and, where applicable, to the disciplinary measure imposed.
  4. If, at any stage of the proceedings, the Committee concludes that the case is manifestly unfounded, it may terminate the disciplinary proceedings without the Respondent’s prior consent. In such a case, the Decision shall contain only the decision terminating the proceedings and the reasons for that decision.
  5. The disciplinary proceedings shall also be terminated by a decision of the Committee where:
    • the Respondent has died or is no longer a member of RK CZ;

    • the limitation period specified in Article VII(a) or VII(b) has expired;
    • a final disciplinary measure has already been imposed in respect of the same disciplinary offence.

V. Appeals

  1. No appeal may be lodged against a Decision by which the Respondent is found not responsible for a disciplinary offence or by which the disciplinary proceedings are terminated on the grounds that the case is manifestly unfounded. Once it has been finally decided that the alleged conduct does not constitute a disciplinary offence, or that the Respondent is not responsible for it, disciplinary proceedings in respect of the same conduct may not be commenced again.
  2. An appeal against a decision finding the accused guilty may be filed with the club’s committee through the disciplinary commission within 15 days from the date the Commission’s decision is delivered to the accused. If the accused is a member of the club’s committee, the appeal is filed through the disciplinary commission to the club’s general meeting. The decision of the club’s committee, or the general meeting (if the accused is a committee member), is final.
  3. A timely and properly filed appeal has a suspensive effect.

Special Part

VI. DISCIPLINARY OFFENSES

  1. A disciplinary offense is an intentional or negligent violation of:
    • The Statutes of RK CZ
    • Legal regulations, ordinances, or agreements concluded between RK CZ and other organizations or institutions with which the member was demonstrably acquainted in advance
    • Binding standards issued by RK CZ within the scope of its activities
    • Generally binding legal standards relating to the activities of RK CZ and the member’s participation in RK CZ
  2. Attempt, assistance, or any other form of cooperation in such an offense is also considered a disciplinary offense.

VII. DISCIPLINARY MEASURES

  1. A disciplinary measure is a sanction imposed for committing a disciplinary offense. A decision on the guilt of the accused and the imposition of a disciplinary measure by the Commission can only be made if no more than one (1) year has passed since the commencement of the disciplinary proceedings and, at the same time, no more than three (3) years have passed since the date the disciplinary offense was committed.
  2. The decision to impose a disciplinary measure must be issued within 180 days from the date the disciplinary proceedings were initiated, or within 12 months in complex cases.
  3. The Commission may impose the following as disciplinary measures:
    • a) a reprimand,
    • b) a written reprimand with a warning,
    • c) a temporary suspension of activities (breeding, training, participation in competitions, etc.) for the Club member,
    • d) a breeding ban on a specific breeding individual for the Club member,
    • e) in exceptional cases, the Commission may decide to waive the imposition of a disciplinary measure if the hearing of the matter itself and the declaration of the accused’s guilt appear sufficient.
    • The Disciplinary Commission is entitled to impose any combination of the above measures that are not mutually exclusive.
  4. The decision may also include a proposal by the Commission to expel the RK CZ member from the club. This proposal is intended for the RK CZ committee, which is authorized to decide on expulsion. If the member being expelled is a member of the committee, the proposal is submitted directly to the general meeting. This does not affect the Commission’s right to submit a proposal for the expulsion of an RK CZ member to the RK CZ committee independently.
  5. Once a disciplinary decision becomes final, it shall be published on the RK CZ website in the members’ section. If the general meeting is to decide on a committee member’s appeal against a disciplinary decision, the following documents shall be published in the members’ section:
    • a) The disciplinary commission file, anonymized of unnecessary data
    • b) The decision of the disciplinary commission
    • c) The appeal of the accused
    • d) The opinion of the disciplinary commission on the appeal of the accused
  6. The decision on a committee member’s appeal against a disciplinary commission decision must be included in the agenda of the next general meeting, including extraordinary or substitute meetings.
  7. The approval of at least an absolute majority of the authorized members of the Commission is required to adopt a Commission decision.
  8. In the case of disciplinary prosecution of a member of an RK CZ body whose continued tenure could influence the course or outcome of the proceedings, or if their remaining in office is undesirable, the Commission may propose to the club’s committee to suspend the prosecuted person from office until a final decision is reached.
  9. If a member of the disciplinary commission is subject to disciplinary prosecution, their function as a member of the disciplinary commission is automatically suspended, and a new acting member of the disciplinary commission is immediately appointed by the RK CZ committee and the supervisory commission together, who will perform the function until a final decision is reached in the matter of the accused disciplinary commission member.

VIII. FINAL PROVISIONS

These disciplinary rules were approved by the general meeting on March 29, 2025.

Verified by: Jana Jakubů, Club President ………………………………………

Verifier: Eva Dragolovová ………………………………………