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Misconduct and Discipline
V. Use of Alcohol and Illegal Drugs at Events.
The use of alcohol and illegal drugs at UKC events is prohibited. Violators may be excused from the ring by the Judge, and from the show or event grounds by the Event Committee or any officer of the host club, and the decisions of these officials are final. The Event Secretary must notify UKC in writing of any Judge who is excused by the host club for violation of this rule.
VI. Misconduct and Discipline
A. Standard of conduct at a UKC event. United Kennel Club events are intended to be family-oriented recreation for dog lovers and their UKC-registered dogs. Accordingly, UKC expects the highest standard of conduct at events.
B. Misconduct. Misconduct may be defined as conduct that is prejudicial to the interests of the sport of purebred dogs. There are two general categories of misconduct:
1. Wrongdoing at a UKC event. This may include, but is not limited to, threatening, assaulting or battering another individual; falsifying any event-related document; cheating or conspiring to cheat in order to improve the standing of any dog competing at an event; or abusing or neglecting a dog.
2. Violation of UKC rules. This may include, but is not limited to, falsification of UKC registration papers; misidentification of a dog or the parentage of a dog; abuse or neglect of dogs; or continued failure to keep proper registration records.
C. Jurisdiction. All persons present on the grounds of a UKC event during the event hours are subject to the jurisdiction of the UKC In addition, UKC has jurisdiction over misconduct that may occur off the grounds of the event or outside event hours, provided that the misconduct is reasonably related to the event. This paragraph shall be interpreted as broadly as is necessary to regulate such off-grounds misconduct as abuse of motel rooms by persons attending the events.
D. Procedures for handling misconduct during or associated with an event
1. The complaint. Any person who becomes aware of an act of misconduct during the hours of a UKC event, must notify either the Event Chairperson or the Event Secretary at any time during the hours of the event. Upon receipt of a complaint, the Event Chairperson shall provide the complainant with a UKC Misconduct Report and Hearing Form. The complainant must enter the name of the subject of the complaint (hereinafter referred to as the "respondent") in Section 3, and complete all of Sections 1 and 2, providing the following:
Section 1. The club name, location of the event, the date of the incident, and the name of the Event Chairperson.
Section 2. The complainant's name, address, daytime and evening phone numbers, and the facts and circumstances of the alleged misconduct, including the specific sections of the pertinent UKC rulebook which have allegedly been violated.
The Event Chairperson shall then appoint from the officers and directors of the host club, two persons who shall serve, with the Event Chairperson, as the Hearing Committee, except that no officer or director who witnessed the alleged misconduct shall serve on the Hearing Committee. The Event Chairperson shall serve as Chairperson of the Hearing Committee and shall set a time and place for the hearing. If the Event Chairperson witnessed the alleged misconduct, he/she shall appoint, from the officers and directors of the host club, three persons who shall serve as the Hearing Committee and shall also designate one to serve as Chairperson of the Hearing Committee. The place for the hearing shall be on the event grounds and the hearing time shall be set so as to give the respondent adequate time to prepare for the hearing.
2. Notice. As soon as possible after receiving the complaint, the Hearing Chairperson shall advise the respondent of:
a. The nature of the complaint;
b. The name of the complainant;
c. The names of witnesses against him/her; and,
d. The time and place of the hearing.
The Hearing Chairperson must enter the respondent's address and daytime and evening phone numbers in Section 3 of the complaint. He/she may obtain this information directly from the respondent or from respondent's UKC official entry form, if respondent is an exhibitor. If the respondent cannot be located on the grounds, the Hearing Chairperson shall select a date, time and place for the hearing and notify the respondent in writing by certified mail (return receipt requested) at the mailing address on the UKC official entry form or the respondent's last known address, whichever is applicable. Every reasonable effort shall be made to locate and notify the respondent of the complaint and hearing. Hearings not held on the day of the event must be held no more than 28 calendar days from the date of the event.
3. If the respondent fails to appear at the hearing. If, after having been advised of the complaint and the date, time and place of the hearing, the respondent fails to appear, the hearing shall proceed without the respondent.
4. The Hearing.
a. Advisement of respondent's rights. The Hearing Committee Chairperson shall advise the respondent of the following rights:
1. The right to be present during the testimony of all witnesses;
2. The right to cross-examine all witnesses;
3. The right to present witnesses on his/her own behalf;
4. The right to testify in his/her own behalf.
b. Witnesses. All witnesses who come before the Hearing Committee shall testify under oath administered by the Hearing Chairperson. Witnesses who are unable to attend in person may testify by telephone.
c. Order of testimony. The complainant shall present his/her evidence first, followed by the respondent's evidence.
d. Cross-examination. Each party shall be allowed to cross-examine the other's witnesses. Members of the Hearing Committee shall also be allowed to question the witnesses.
e. Spectators. Spectators shall not be allowed at Hearing Committee hearings except for UKC Field Representatives appointed to attend the hearing on behalf of UKC or UKC staff.
f. Attorneys. No party shall be entitled to have an attorney present at the hearing.
5. Findings. At the conclusion of the hearing, the Hearing Committee shall deliberate and make their findings based on a preponderance of the evidence. A two-thirds majority is sufficient to make findings. The findings shall be reported as follows:
a. Whether the alleged misconduct was proven to have occurred;
b. Whether the alleged misconduct was prejudicial to the interests of the sport of purebred dogs;
c. Whether the alleged misconduct occurred in connection with a UKC event.
In reaching its decision, the Hearing Committee may not consider the respondent's general reputation or status in the sport of purebred dogs, prior acts of misconduct, nor the extent of the respondent's investment in dogs. The sole consideration must be the specific instance of misconduct with which the respondent is charged.
6. Completing The UKC Misconduct Report And Hearing Form. The Hearing Committee Chairperson shall complete Sections 4, 5 and 6 of the Misconduct Report and Hearing Form as follows:
a. Section 4: The name, address and phone number of each witness and a summary of each witness's testimony.
b. Section 5: The date and time that respondent was notified of the hearing and the names, addresses and daytime and evening phone numbers of the Hearing Committee members.
c. Section 6: The Hearing Committee's findings and recommendations shall be entered in this section. In addition, each member of the Hearing Committee shall then sign the form in the space provided and enter his/her address, daytime and evening phone numbers and e-mail.
Within 10 calendar days of the hearing, the Hearing Chairperson shall forward one copy of the UKC Misconduct Report and Hearing Form to United Kennel Club. The club hosting the event shall also keep a copy of the completed UKC Misconduct Report and Hearing Form.
E. Procedures For Handling Misconduct Not Associated With An Event. A person who becomes aware of an act of misconduct occurring other than during event hours must notify UKC in writing within 7 calendar days of discovering the alleged misconduct. The notification should include:
1. All known facts and circumstances surrounding the alleged misconduct;
2. The date of and location where the alleged misconduct occurred; and,
3. Names and addresses of any other witnesses who may have additional knowledge of or information about the alleged misconduct.
UKC staff shall investigate all such complaints and report findings and recommendations to the appropriate Department Head.
F. Penalties. The appropriate UKC Department Head shall review all Hearing Committee findings and staff investigation results with the UKC Discipline Committee. If the Discipline Committee upholds the findings of the Hearing Committee, one or more of the following penalties shall be imposed:
1. Probation. Probation for a period up to three years. During the period of probation, the individual shall be closely monitored by UKC Any other instance of misconduct may result in immediate suspension or barring of the individual at the discretion of the Discipline Committee and without further due process.
2. Suspension. The Discipline Committee shall impose a minimum three hundred dollar fine and a minimum one-year suspension for probation violations and for most serious acts of misconduct. The suspension will begin immediately upon notification by certified mail (return receipt requested) but the fine must be paid before the time counts toward the sentence. For example, a person may be notified on January 1 that his penalty will be a one-year suspension and a fine of three hundred dollars. This individual will be suspended as soon as he is notified of the penalty but the one-year suspension does not start until the date the fine is paid. If the suspended individual waits until March 1 to pay his fine, his suspension will actually run fourteen months until midnight of February 28 the following year.
3. Barring. The Discipline Committee shall bar an individual for an indefinite period of time for repeat instances of misconduct or for the most serious forms of misconduct, including cruelty to dogs. The period of barring shall begin upon notification of the respondent by certified mail (return receipt requested).
4. Privileges lost during suspension or barring. The following rules apply to persons who are barred or suspended:
a. A suspended/barred person may not register any dogs in his/her name (joint or individual ownership).
b. No dog registered in the name of a suspended/barred person (joint or individual ownership) may be used for breeding and no offspring of such a dog is eligible for registration with UKC
c A suspended/barred person may transfer any dogs currently registered in his/her name (joint or individual ownership), except that no dog registered in the name of a suspended/barred person, regardless of co-ownership status, may be transferred to any member of that person's family.
d. A suspended/barred person may not register any litters or sign any litter registrations in any capacity.
e. A suspended/barred person may not enter or participate in any way in any UKC-licensed event.
f. No dog registered in the name of a suspended/barred person (joint or individual ownership) may be entered or participate in any way in any UKC-licensed event nor may such a dog receive points or legs toward any UKC title.
G. Appeals. Any person placed on probation, suspended or barred may appeal directly, in writing, to the UKC President. An appeal must be filed not later than 30 days from the date a person is notified of the probation, suspension or barring. The decision of the President is final.
H. UKC Inherent Rights and Powers. Notwithstanding anything herein and regardless of whether these procedures are followed, under the Inherent Rights and Powers, UKC reserves the right to itself and its sole judgment and discretion, to investigate any misconduct and to impose such sanctions and penalties as deemed appropriate.
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