XVIII. PROCEDURES FOR HANDLING MISCONDUCT DURING OR ASSOCIATED WITH A UKC LICENSED EVENT COVERED BY THIS RULEBOOK
(Misconduct - Category 1)

UKC Standard of Conduct

UKC events are intended to be family-oriented recreation for dog enthusiasts and their UKC registered dogs. Accordingly, UKC expects the highest standard of conduct at these events. The following procedures apply to all cases of misconduct occurring or associated with a UKC licensed pointing dog event, regardless of whether the misconduct is discovered during or after the event.

Jurisdiction

All persons present on the grounds of a UKC event during the event hours are subject to the jurisdiction of the UKC and are therefore subject to these UKC stan dards of conduct and disciplinary procedures. In addition, UKC has jurisdiction over misconduct that may occur off the grounds of the event or outside event hours. This paragraph shall be interpreted as broadly as is necessary to regulate any off-grounds misconduct that is prejudicial to the interests of the sport of purebred dogs. One example of such off-grounds eventrelated misconduct is abuse of motel rooms by dogs or
persons attending the events.

The Complaint

Any person who becomes aware of an act of eventrelated misconduct during the hours of a UKC licensed event, must notify a UKC licensed official or any sponsor club official at any time during the hours of the event. A UKC licensed official so notified must immediately inform a sponsor club official of the complaint. The sponsor club may immediately expel any individual from the event where there is probable cause to believe that the individual threatened, intimidated, assaulted, or battered any person or abused or neglected a dog. Upon receipt of a complaint, the sponsor club official shall provide the complainant with a UKC Misconduct Report and Hearing Form. The complainant must complete all of Section 1, providing the following:

• The complainant's name.

• The complainant's address.

• The complainant's daytime and evening phone numbers.

• A complete factual description of the exact conduct alleged to have occurred, including the identity of all witnesses, other persons, and dogs involved in the alleged misconduct.

• The specific sections of the pertinent UKC rulebook, which have allegedly been violated.

• The sponsor club official shall enter the names, and where known, the addresses, daytime and evening phone numbers of all witnesses in Section 2 of the Misconduct Report and Hearing Form. The Misconduct Report and Hearing Form shall be forwarded to UKC with the Event Report. No action will be taken on a Misconduct Report and Hearing Form unless it is signed and dated by the complainant.

• Any person, who becomes aware of an act of eventrelated misconduct after the event, must notify UKC in writing. UKC staff shall forward to the complainant a Misconduct Report and Hearing Form. Complainant shall complete Sections 1, 2, and 3 of the Misconduct Report and Hearing Form. Section 1 must be filled out completely. Complainant must fill out as much of Sections 2 and 3 as he/she is able and return the form to UKC.

• All signed Misconduct Report and Hearing Forms shall be reviewed by the UKC staff within thirty (30) days of receipt. If in the sole judgment and discretion of the UKC staff there is sufficient cause, UKC will notify the sponsor club who received the complaint to hold a hearing on the complaint. The notice to hold a hearing shall include a copy of the original Misconduct Report and Hearing Form submitted and signed by the complainant.

Notice To Hold A Hearing

Within fourteen (14) days of receipt of the UKC notice to hold a hearing, the club president of the sponsor club that received the complaint shall: Appoint a Hearing Committee Chairperson and two Hearing Committee members from among the club's officers and board members. No officer or director who witnessed the alleged misconduct shall serve on the Hearing Committee.

Set the time and place of the hearing. The date shall be no more than thirty (30) days from the date the UKC notice to hold a hearing is received by the sponsor club. The date, place and time shall be selected to reasonably allow the person against whom the complaint is made (hereinafter referred to as the "respondent") to attend.

Notify the respondent by regular and certified mail (return receipt requested) of the date, place, and time of the hearing; the exact conduct which is the subject of the complaint; the name of the complainant; and the names of all witnesses. The Notice of Hearing shall further advise the respondent that he/she will not be allowed to have an attorney present at the hearing and shall also include a statement of the following respondent's rights:

• The right to be present during the testimony of all witnesses;

• The right to cross-examine all witnesses;

• The right to present witnesses on his/her own behalf;

• The right to testify in his/her own behalf;

• Notify the witnesses by regular mail or telephone of the date, place, and time of the hearing; the exact conduct which is the subject of the complaint; and the name of the complainant; and,

• The respondent must notify the club president within three (3) days of receipt of the Notice of Hearing if he/she is unable to attend. The club president will make every reasonable effort to accommodate the respondent in setting a new hearing date, time and place, but shall not postpone
the hearing date any more than an additional ten (10) days.

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.

The Hearing

The Hearing Committee Chairperson shall advise the respondent of the following rights:

• The right to be present during the testimony of all witnesses;

• The right to cross-examine all witnesses;

• The right to present witnesses on his/her own behalf;

• The right to testify in his/her own behalf. All witnesses who come before the Hearing Committee shall testify under oath or affirmation administered by the Hearing Chairperson.1 Witnesses who are unable to attend in person may testify by telephone if a speakerphone is available in the hearing room, but written statements or affidavits must not be considered. Clubs shall make a reasonable effort to provide a speakerphone in cases where a witness is willing to testify but is unable to do so because of distance or any other compelling reason. The complainant shall present his/her evidence first, followed by the respondent's evidence. 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. Spectators shall not be allowed at hearings except for UKC Field Representatives appointed to attend the hearing on behalf of UKC or UKC staff. No party shall be entitled to have an attorney present at the hearing.

The Findings

At the conclusion of the hearing, the Hearing Committee shall deliberate and make their findings based on a preponderance2 of the evidence. A twothirds majority is sufficient to make findings. The findings shall be reported as follows:

• Whether the alleged misconduct was proven to have occurred;

• Whether the alleged misconduct was prejudicial to the interests of the sport of purebred dogs;

• Whether the alleged misconduct occurred in connection with a UKC event;

• In making findings, the Hearing Committee may not consider the respondent's general reputation or status in the sport of purebred dogs, prior acts of misconduct for which no disciplinary action was taken, nor the extent of the respondent's investment in dogs. The sole consideration must be the specific instance of misconduct with whichthe respondent is charged.

1. If a witness is unwilling because of religious or other beliefs to take the traditional oath (Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?), then the following affirmation shall be offered: "Do you promise to tell the truth, the whole truth, and nothing but the truth?"

2. If the amount of evidence you need to be absolutely certain of a fact is equal to 100%, then a preponderance is equal to 51%. In other words, the evidence must be sufficient to convince the members of the Hearing Committee that the fact asserted is more probably true than not true.

Completing the UKC Misconduct Report and Hearing Form

The Hearing Committee Chairperson shall complete Sections 3, 4, and 5 of the Misconduct Report and Hearing Form as follows:

• Section 3. The name, address, and phone number of each witness shall be filled in the appropriate spaces, where needed. The Summary of Testimony shall include a comprehensive summary of the testimony of each witness, including the specific facts established from the evidence that led to the Committee's findings and recommendations, and the specific UKC rules or policies that were violated.

• Section 4. The time (only where respondent was served in person) and date of service of the Notice of Hearing, and the names, addresses and phone numbers of the Hearing Committee members shall be entered in the appropriate spaces. Respondent's presence at or absence from the hearing shall be noted in this section. • Section 5. One block must be checked on each line under Findings. If the Hearing Committee finds that the alleged misconduct did occur, that the misconduct was prejudicial to the interests of the sport of purebred dogs, and that the misconduct occurred in conjunction with a UKC event, then the Committee must recommend a penalty. Each Committee member must enter his/her signature and date in the spaces provided.

Within ten (10) days of the hearing, the Hearing Chairperson shall forward one copy of the UKC Misconduct Report and Hearing Form to: Manager, Pointing Dog Field Operations, United Kennel Club, 100 E Kilgore Road, Kalamazoo, MI 49002-5584. The club sponsoring the event shall also keep a copy of the completed UKC Misconduct Report and Hearing Form.