Code of Ethics
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PREAMBLE
- One of the main goals of the ICSD is to recognise the interests of all the ICSD stakeholders including International Deaf Sport Federations, Regional Deaf Sports Confederations, National Deaf Sports Federations, athletes, organising committees of the ICSD events, officials, sponsors, ICSD Members and the ICSD itself to foster their harmonious collaboration and to formalise the collective commitment to the World Deaf Sport and Olympic ideals.
- The achievement of this goal and establishment of the ICSD image highly depend on the respect of the ethical principles that are compatible with maintenance of the values, spirits, and ideals of the ICSD and its role in the Olympic Movement.
- The ICSD Representatives and the ICSD Members shall always undertake to disseminate the culture of ethics and integrity within their respective areas of competence and to serve as role models by the present Code.
- The ICSD Members undertake to elaborate the internal code of ethics based on the principles and rules of the ICSD Code of Ethics, or in a written declaration to adopt the ICSD Code of Ethics.
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TERMINOLOGY AND ABBREVIATIONS
ICSD - International Committee of Sports for the Deaf
IOC - International Olympic Committee
WADA - World Anti-Doping Agency
CAS - Court of Arbitration for Sport
Olympic Movement - concerted, organised, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism.
ICSD Congress - an official meeting of representatives of the ICSD Members.
ICSD Representative - any person elected or appointed to any position within the ICSD comprising consultants and advisors.
ICSD Member - Full Member, Associate Member, Regional Member, Regional Deaf Sports Confederation, Provisional Member, Honorary Members and athletes, officials, medical personnel as well as organising committees for the ICSD events, employees and third parties.
Individual - any person under the jurisdiction of the ICSD and bound by the ICSD Code of Ethics.
ICSD event - Summer and Winter Deaflympics, World Deaf Youth Games, World Deaf Championships, World Deaf Youth Championships, ICSD sanctioned competition and any ICSD approved event.
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SCOPE OF APPLICATION
- The ICSD Representatives, the ICSD Members, National Deaf Sports Federations and any Individuals engaged in the ICSD activity undertake to comply with the ICSD Code of Ethics.
- The ICSD Code of Ethics is applicable to the Summer and the Winter Deaflympics, the World Deaf Championships, the World Deaf Youth Games, and the World Deaf Youth Championships, all the ICSD organised or sanctioned competitions and any other ICSD event or activity.
- In the case of any inconsistency between this present Code and any other ICSD rules and regulations, except for the ICSD Constitution and the ICSD Bylaws, the relevant provisions of the ICSD Code of Ethics shall prevail.
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RIGHTS OVER THE ICSD EVENTS AND DEAFLYMPICS PROPERTIES
- The ICSD is the copyright owner and the sole stakeholder of all the ICSD events and properties, including the ICSD symbol, flag, motto, anthem, identification, designations, emblems, flame, and torches. All these rights and the ICSD properties are to be afforded the protection by all concerns, and its usage must be approved by the ICSD.
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GENERAL PRINCIPLES OF THE WORLD DEAF SPORT
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Dignity
- Safeguarding the dignity of the Deaf Athletes is a fundamental requirement of the ICSD.
- There shall be no discrimination between the athletes or Individuals based on race, gender, ethnic origin, religion, philosophical or political opinion, sexual orientation, marital status, or other grounds.
- All forms of harassment - physical, cyber, professional, or sexual, and any physical or mental abuse and/or injuries - shall not be tolerated or allowed.
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Integrity of conduct
- Any Individual or entity subjected to this Code must have an impeccable, dignified, and respectful behaviour at any time.
- The ICSD Representatives and the ICSD Members must act with the highest degree of integrity, and particularly when making decisions, they must act with impartiality, objectivity, independence, and professionalism at all times.
- The ICSD Representatives, the ICSD Members and the Individuals must refrain from placing themselves in any conflict of interests as defined in section 7 of the present Code.
- The ICSD Representatives, the ICSD Members and the Individuals must refrain from any act, involving fraud, bribery, or corruption. They must not act in a manner likely to tarnish the reputation of the ICSD. The ICSD Representatives, the ICSD Members and the Individuals may only offer or accept a gift provided such gift would not reasonably be considered to influence the behaviour of the accepting party, does not create any form of obligation, does not create an undue advantage of any kind and does not create a conflict of interest. As a general rule, only gifts of purely symbolic or trivial value, in accordance with prevailing local customs should be offered or accepted.
- The ICSD Representatives, the ICSD Members and the Individuals shall not be engaged in any criminal or other illegal activity, breaking the general principles of the World Deaf Sport and the Olympic Movement within or outside the ICSD.
- The ICSD Representatives and the ICSD Members must not be involved with organisations, companies, or persons whose activity or reputation is inconsistent with the principles, set out in the present Code.
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Integrity of the competitions
- The ICSD Representatives, the ICSD Members and the Individuals shall commit to combat all forms of cheating and shall continue to undertake all the necessary measures to ensure the integrity of all ICSD events.
- The ICSD Representatives, the ICSD Members, the Individuals, and other participants to the ICSD events must not, by any manner whatsoever, manipulate the course or result of a competition, or any part thereof, in a manner contrary to sporting ethics, infringe the principle of fair play or show unsporting conduct.
- The ICSD, as a part of the Olympic Movement, must respect the provisions of the World Anti-Doping Code and of the Olympic Movement Code on the Prevention of the Manipulation of Competitions. All doping practices at all levels are strictly prohibited. The provisions against doping in the ICSD Anti-Doping Rules shall be observed.
- With respect to general principles of the World Deaf Sport, all participants to the ICSD events are required to abide by the provisions of the ICSD Audiogram Regulations.
- The ICSD Members shall guarantee the athletes’ conditions of safety, well-being, and medical care favourable to their physical and mental equilibrium.
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Good governance
- The Basic Universal Principles of Good Governance of the Olympic Movement (https://stillmed.olympics.com/media/Documents/Beyond-the-Games/Integrity/Bonne-Gouvernance-EN.pdf), in particular transparency, responsibility, and accountability, must be respected by all the ICSD Representatives and the ICSD Members.
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Signature rights
- The individuals holding any governing position in ICSD shall have the authority to bind the ICSD through their signatures.
- Signatory rights are conferred such that two (2) individuals holding any governing position must always sign collectively. None shall have an individual signatory right. The signatory rights shall be reflected in the Swiss Commercial Register.
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Dignity
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FINANCIAL MATTERS
- The general principles of good governance stipulate a proper financial monitoring and reliable internal control system of finance.
- The ICSD income and expenditure must be recorded in its accounts and accounting system in accordance with the generally accepted accounting principles and requirements of the country of the ICSD registration (Switzerland).
- The ICSD annual financial statements are to be audited by appointed by Congress, independent, external, and qualified auditors. The ICSD audited annual financial statements shall be published on an annual basis.
- The ICSD financial revenues should be distributed in a fair and efficient manner with compliance to the ICSD Internal Control System of Finance.
- The ICSD financial resources, which are proceeds of sport, should be allocated to sport development.
- All the ICSD decisions in the field of finance should comply with requirements of the ICSD Constitution and the ICSD Bylaws, the ICSD Internal Control System of Finance and the ICSD Reimbursement Policy.
- All the ICSD decisions regarding remuneration or reimbursement of the ICSD Representatives should be transparent and predictable.
- Financial information should be disclosed annually and in appropriate form to the ICSD Members and the public. Disclosure of the ICSD financial information should be done on an annual basis.
- The ICSD Internal Control System of Finance and other ICSD financial regulations shall be reviewed and supplemented by provisions as often as necessary by the ICSD Chief Executive Officer, the ICSD accountant and external auditors, no less than once (1) every two (2) years.
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CONFLICT OF INTERESTS
- The ICSD Representatives, ICSD Members and Individuals must perform their duties with integrity, transparency and in an independent manner, free from any influence that might interfere with their loyalty to the ICSD.
- It is the individual responsibility of all the ICSD Representatives, ICSD Members and Individuals to avoid any situation that could lead to a conflict of interests.
- A conflict of interests shall arise when the objectivity of an individual bound by the Code, in expressing an opinion, undertaking any action, or taking part in a decision, may be influenced, or be perceived as being influenced due to private or personal interests.
- A conflict of interests is defined as any personal or financial relationship, including same nationality or relationships of family members that could influence or be perceived to influence objectivity when representing or conducting business or other dealings for or on behalf of the ICSD. Family members include a spouse, parent, child or spouse of a child, sibling, spouse of a sibling, cohabitating companion, or any other individual with a significant familial or familial-like relationship.
- The elected members of Executive Team may not be an active athlete or hold a governing position within an ICSD Member, or with any organisation or business whose interests or activities interfere with the interests of the ICSD. In case, he/she shall resign such a position within sixty (60) day after being elected at the Congress.
- An employee at the ICSD Secretariat may not be an active athlete or hold a governing position within an ICSD Member.
- The ICSD Representatives, the ICSD Members and Individuals are required to disclose any interest that may give rise to a potential, perceived or actual conflict of interests by submitting it to the ICSD Ethics Officer no less than once (1) a year.
- Should there be a potential, perceived or an actual conflict of interests between the ICSD Representative and the ICSD (whether or not it has been disclosed), the ICSD concerned Representative must refrain from expressing opinion, and from taking any further part in the matter, including any deliberations or decisions.
- The ICSD Representatives, ICSD Members and Individuals must refrain from dealing or voting on objects in which their own interests or the interests of individuals or corporate bodies related to them are involved and shall agree to be bound by the ICSD Code of Ethics.
- Any failure to respect the ICSD ethical principles regarding the conflict of interests, may lead to a sanction by the ICSD, such as the withdrawal or a warning together with publication in an official ICSD press release.
- Any ICSD Representative, ICSD Member or Individual who violates or condones a violation of this conflict of interests’ policy is subject to disciplinary measures, which may include termination of employment and/or expulsion from the ICSD Executive Board, ICSD Commissions, or other relevant bodies.
- The ICSD Ethics Commission shall address any submitted question relating to potential, perceived or actual conflict of interests, regarding any individual or entity subjected to this Code.
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CONFIDENTIALITY
- The principle of confidentiality must be strictly respected by all the ICSD Representatives, the ICSD Members and Individuals.
- All ICSD Representatives must sign the official Confidentiality Agreement and shall not disclose information entrusted to them in confidence.
- Information, which is not confidential and is obtained in connection with the role or activity in the ICSD, shall not be disclosed for personal gain or benefit, nor be used maliciously to damage the reputation of any individual or organisation.
- The obligation of confidentiality shall remain in force indefinitely regardless of whether the Individual concerned remains subject to the present Code or not, or has any connection or mission for or on behalf of the ICSD.
- Confidentiality must also be strictly respected by any individual until there is a public disclosure of the case.
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REPORTING OBLIGATION
- Any Individual being informed or witnessing any misconduct or patent breaches of the present Code, shall report it to the ICSD Ethics Officer with the insurance of full anonymity.
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ICSD ETHICS COMMISSION AND ICSD ETHICS OFFICER
The ICSD Ethics Commission will be established after the ICSD Members approve its composition, mission, and responsibilities at the 49th ICSD Congress.
The ICSD Ethics Officer and Commission members shall be bearing recognised competence relating to the domain of sports and/or law and ethics and shall have an adequate legal qualification for the position. The ICSD Ethics Commission members shall be fully independent from the ICSD Representatives, ICSD Members and any other ICSD stakeholders.
The Congress shall appoint an ICSD Ethics Officer among the ICSD Ethics Commission members.
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Duties and Competences
- to ensure that the present Code is respected;
- to investigate complaints and denunciations regarding violations of the rules of the Code;
- to investigate potential breaches of the Code;
- to recommend measures to be taken by the ICSD Tribunal Commission in relation to breaches of the Code;
- to advice and assist with ethical matters, particularly as regards the application of the Code.
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ICSD Tribunal Commission
- The ICSD Ethics Commission is not exclusively competent to adjudicate. The ICSD Ethics Officer shall refer the case to the ICSD Tribunal Commission.
- Subject to any conflict of interests, the ICSD Tribunal Commission shall be composed of one (1) member from the ICSD Ethics Commission, and two (2) individuals with legal expertise. The ICSD Ethics Commission shall nominate one (1) member from the Ethics Commission. And the ICSD Executive Board will roll out a call for the remaining two (2) positions. As a result of this call and nomination, the ICSD Executive Board will appoint the members of the ICSD Tribunal Commission, for a term of four (4) years.
- The members of the ICSD Tribunal Commission shall be fully impartial and independent from any of the individuals concerned. A member of the ICSD Tribunal Commission shall immediately disclose any circumstance which may affect his independence and impartiality with respect to any of the concerned individuals.
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Confidentiality
- The ICSD Ethics Commission shall ensure that all information disclosed remain confidential, in particular, facts of a case, contents of investigations, deliberations, and decisions taken, as well as private personal data. Moreover, the ICSD Ethics Officer shall not make any public declarations regarding ongoing proceedings.
- Neither party shall act or make any statement that may harm, tarnish, or damage the reputation of the other party.
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Obligation to collaborate
- Upon request by the ICSD Ethics Officer, the concerned Individual must provide any information which may be considered as relevant to investigate the potential breach and/or a statement setting out the relevant facts and circumstances around the potential breach.
- Any non-compliance with the obligation to collaborate or any obstruction of an investigation carried out by the ICSD Ethics Commission, including concealing, destroying, or falsifying documents or unduly delaying the production of information and/or documentation that may be relevant to the investigation shall be considered as violation of the present Code.
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Right to be heard
- The parties shall be granted the right to be heard either in person or in writing, and the right to present evidence.
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Evidence
- The ICSD Tribunal Commission may take into consideration any kind of evidence deemed appropriate. The panel shall determine the admissibility, relevance, materiality, and weight of evidence at its discretion.
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Witnesses
- All required measures shall be taken in order to safeguard the interests and personal rights of witnesses and, if necessary, ensure they remain unidentified.
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Independent third body or experts
- After having reviewed the case, the ICSD Tribunal Commission may seek the opinion of an independent third body or experts in the sport law and ethics.
- Upon receipt of the final report and submitted consultation by the independent third body or experts in the sport law and ethics, the ICSD Tribunal Commission shall deliberate and determine which of the sanctions should be imposed.
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Sanctions
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In relation to breaches of the present Code, the Tribunal Commission may impose the following sanctions:
- reprimand;
- fine up to a maximum of USD 10.000;
- return of awards;
- withdrawal of titles;
- suspension;
- ban from taking part in a specific ICSD related activity, event or meeting organised by the ICSD or any of the ICSD Member;
- ban from taking part in any ICSD related activity organised by the ICSD and ICSD Members.
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In relation to breaches of the present Code, the Tribunal Commission may impose the following sanctions:
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Conclusion of proceedings
- Once the ICSD Tribunal Commission considers the file has been completed or that all available investigation measures have been taken, the panel shall close the case, and the ICSD Secretariat shall notify the persons concerned of the grounded decision.
- Whenever a decision is taken against a member, special attention should be paid to ensuring an appropriate balance between transparency and privacy protection.
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Appeal
- Decisions by the ICSD Tribunal Commission, except the provisional decisions, can be subject to appeal within 21 days from the receipt of the decision.
- Any decision of ICSD Tribunal Commission may be appealed before the CAS.
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Publication
- The ICSD may publish either the full version or a summary of the decision on the ICSD website.
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Duties and Competences
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FINAL PROVISION
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Entry into force
- The present provisions of the ICSD Code of Ethics enter into force after its approval by the ICSD Extraordinary Congress on 29 November 2021.
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Revision and modification
- The ICSD Code of Ethics shall be reviewed and supplemented by provisions as often as recommended by the ICSD Ethics Commission, and no less than once (1) every two (2) years. They are effective upon adoption by the Executive Board and submitted to ICSD Congress for approval.
- Proposals for modification must be received by the ICSD Secretariat three (3) months prior to the upcoming ICSD Congress.
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Entry into force
Approved by 50th ICSD Extraordinary Congress - 10 March 2024 in Erzurum, Turkiye