Introduction
 

1)  This is the decision of the Commonwealth Games Federation Ethics Commission (The Commission) regarding AB, a Covered Person¹ within the meaning of the Commonwealth Games Federation Code of Ethics and Conduct (the Code).

2)  This decision is the first one to have gone through the full Ethics process as outlined in the Ethics Commission Appointment and Procedural Rules (The Rules). Sitting as the Panel Chair, and its sole member, I view it as being very important that this decision is written in plain and clear language. It will, in many senses, set an example for how future decisions will look and feel. The Commission wants to ensure that our decisions are not only the result of a fair and clear process, but also that our decisions are logical, fair, and understandable. This document will be placed onto the Commonwealth Games Federation website and will be available to our internal and external public.

3)  Throughout the decision I will make several findings. Findings are determinations or decisions which I have made concerning unique issues or facts. These findings are building blocks which I use to make a conclusion, and as a basis for any recommendations I may make. At the end of the decision, I will provide my final decision. The Decision is broken into several sections, each of which will provide a logical flow to the overall document.

4)  The Ethics process begins when a complaint is made about a Covered Person, either by direct contact with the Ethics Officer, or through senior staff, board or executive committee members, or CGAs. AB is a Covered Person and is prominent in the Commonwealth Games Federation. A Commonwealth Games Federation staff member acts as the Ethics Officer on an as needed basis. In the present case, AB is in an indirect position of authority over the Ethics Officer.

5)  Senior staff made what I find to have been the correct decision to avoid any reasonable apprehension of conflict or bias by not engaging the staff member as the Ethics Officer in this case. Rather, they decided to appoint an external ad hoc Ethics Officer for this case only. Senior Staff contacted the London-based organization, Sport Resolutions, who provided the services of a London-based lawyer, CD, as the ad hoc Ethics Officer.

6)  During the Ethics process AB and CD discussed the publication of the decision. AB was desirous of not having the decision published, and CD provided me with copies of that correspondence.

7)  In a March 4 letter to CD, AB wrote:

I propose that we abide by the terms of reference, ‘internal publication as deemed necessary to meet accepted standards of governance and risk mitigation.’ I understand that those who are already within the ‘tent of confidentiality re the investigation’ need to be re-assured that the process was completed and process followed, but that the outcome must stay confidential, with consequences for any breach of confidentiality.

8)   This is an incomplete recitation of the Terms of Reference created by Commonwealth Games Federation for the guidance of CD. The full section states:

Confidentiality

CD has been advised of the high level of confidentiality in this matter and the CGF has confirmed that it will not be publishing the outcomes of this investigation to the wider public. It will however be observing general principles in ensuring that such internal publication is as deemed necessary to meet accepted standards of governance and risk mitigation and is largely dependent on the findings and recommendations following the outcome of the investigation².

9)  I find that the above Terms of Reference apply only to the investigation phase, and not to the Decision. The “Terms of Reference” for this decision are the Code, and the Rules. The decision to publish or not to publish will be made in consideration of those documents.

10)  I find that the investigation was complete when on 13 February 2025, CD sent AB a Formal Notice of Charge Pursuant to the Commonwealth Games Federation Code of Ethics and Conduct. The transmission of charges indicates that the investigation has been concluded.

11)  As will be discussed in more depth below, in cases where a Covered Person Admits to the alleged breach of the Code, and accepts the sanction proposed by the Ethics Officer, no hearing is held. The single person panel must Publicly Disclose a decision. According to the Rules³,” the Chair shall: “Publicly Disclose the decision confirming a breach of the Code and (if relevant) the imposition of the sanction.”

12)  The Rules contain the following definition: “Publicly Disclose” means disclosure on the CGF official website and such other public notification as decided by the Ethics Commission⁴. Paragraph 52 below outlines the disclosure I find is necessary and proper in these circumstances.

13)  AB indicated that I should use the discretionary powers that I have under Section 17 of the Rules, and not publicly disclose this decision. After reviewing all the evidence and correspondence concerning this case, which has been provided by CD, I find that there is no pressing reason not to publicly disclose the decision. I further find that it is a matter of the public interest of the wider Commonwealth Games Federation community to be aware of such events, the role of the Ethics Officer, Ethics Commission, and sanctions. I find that the public disclosure of such decisions serves as an educational tool for all members of the Commonwealth Games Federation, CGAs, athletes, officials, volunteers, and host city organizations. I find that not disclosing the decision could create a reputational risk for the Commonwealth Games Federation and possibly subject it to allegations of cover up. On the balance of probabilities, I find that it is more reasonable to disclose the decision than it is to withhold it.

14)  However, several factors lead me to find that while it is fair and reasonable to use my discretion to publicly disclose the report, I should also use it to anonymize the identity of the covered person. The factors which lead me to do this finding are that, from the information provided by CD, that no harm was done to any person, there does not appear to be any risk of harm towards any person or persons; that AB is not the subject of a provisional or sanctioned suspension or expulsion where their identity must be provided in order to ensure compliance; and that the sanctions proposed by CD and accepted by AB are on the less severe end of sanctions spectrum. As noted below, AB has been cooperative with the Ethics Process, has voluntarily agreed to the allegations, and agreed to the proposed sanctions.

15)  I find that the need to identify AB, except to a small group who have legitimate need to know (summarized below at Paragraph 51), to the wider public is not in the best interests of the Commonwealth Games Federation, as it may set an example which may induce others not to use the more cost and time efficient Chair as a single Panel Member as opposed to the full hearing option. Thus, AB will be used to identify the covered person.

16)  I further find that it is unnecessary to name the ad hoc Ethics Officer and will refer to them as CD throughout the decision.

An introduction to the case

17)  In October 2024, a senior Commonwealth Games Federation official received a report from a covered person, acting in compliance with the Code, that AB may not have acted with the appropriate level of ethical conduct whilst performing a Commonwealth Games Federation related role.

18)  As noted above, it was inappropriate for the staff member to act as the Ethics Officer, and on 13 November 2024, CD was appointed as the ad hoc Ethics Officer for this case only. The appointment was facilitated by Sport Resolutions.

19)  CD conducted an investigation which consisted of interviewing AB and other covered persons, analysis of documents including photographs, and web postings.

20)  On 13 February 2025, CD sent AB a Formal Notice of Charge Pursuant to the Commonwealth Games Federation Code of Ethics and Conduct (the Notice of Charge). The charge is documented in the Allegations section which follows.

21)  I have subsequently determined that CD has provided AB with opinions or advice that goes well beyond the Ethics Officer role of providing information for the education of covered persons.⁵ I have further determined that CD has, in effect, conducted what would be characterized as plea bargaining with AB, after AB had received the Notice of Charge. I find this to be highly inappropriate. CD did not have any authority, either in the Code or the Rules, nor with the permission of Commonwealth Games Federation or the Panel to present their personal view of what this Panel might decide.

22)  I note that AB has the means to obtain legal advice.

Allegations

23)  The ad hoc Ethics Officer alleges that AB:

1)  Failed to act with the highest standards of integrity, contrary to paragraph 6.6 of the Code,

2)  Acted in such a way as to give the appearance of impropriety, contrary to paragraph 6.7 of the Code, and

3)  Acted in such a way as to have the potential to bring the Commonwealth Games into disrepute, contrary to paragraph 6.7 of the Code.

Determination

24)  As the Covered Person has agreed to the charges and accepted the sanctions proposed by the ad hoc Ethics Officer, and clarified by the Panel, I determine that AB has breached the Code of Ethics and Conduct.

The Code of Ethics and Conduct and the Ethics Commission Rules

25)  The Code of Ethics and Conduct, and the Ethics Commission Rules are appended to this decision. Readers of this decision are invited to familiarize themselves with these rules, or in concert with references to sections cited in this decision.

26)  The Code sets out who falls under its authority, and when. They are known as “covered persons”⁶. The Code defines the expected standards of behaviour, ethics, and conduct to be observed by covered persons⁷. The Code also defines the role and powers of the Ethics Officer⁸.

27)  The Code states:

A Covered Person may respond to a Notice of Charge in one of the following ways:

13.2.1  to admit the charge(s), and (if relevant) accede to the sanction(s) specified in the Notice of Charge;

13.2.2  to admit the charge(s), but (if relevant) indicate an intention to dispute and/or seek to mitigate the sanction(s) specified in the Notice of Charge by way of hearing before the CGF Ethics Commission; or

13.2.3 to deny the charge(s) and to have the charge(s) and (if the charge(s) is (are) upheld) any appropriate sanction(s) determined at a hearing before the CGF Ethics Commission.

28)  In the present case AB has agreed to the charges and acceded to the sanctions. Under Section 5.2 of the Rules, if the covered person agreed to the charges and sanctions, the Ethics Commission Chair (or Deputy Chair, as the case may be) sits as a single person panel.

29)  If the covered person either disputes the sanctions, or denies the charges and the sanctions, a three-member panel conducts a hearing.

30)  Rule 5.3 states:

5.3  Request for Hearing

5.3.1  The Covered Person subject to the charge shall explain in summary form the basis for their response to the Notice of Charge where they respond by:

5.3.1.1  admitting the charge, but indicating an intention to dispute and/or seek to mitigate the sanction specified in the Notice of Charge by way of a hearing before the Ethics Commission; or

5.3.1.2  denying the charge and requesting that the charge and, if the charge is upheld, any appropriate sanction be determined at a hearing before the Ethics Commission.

5.3.2  The CGF Ethics Officer shall promptly send a copy of the response to the Ethics Commission.

31)  The Notice of Charge contains the following provision:

5.3.  You dispute the charge – request a hearing

5.3.1.  If you do not accept the charges or admit the charge but indicate an intention to dispute and/or seek to mitigate the sanctions specified, you have until 5pm UK time on 27 February 2025 to challenge in writing the charge and/or the sanctions and/or make a written request for a hearing before the Ethics Commission.

5.3.2.  A copy of your response shall be promptly sent to the Ethics Commission.

32)  No formal request for a hearing was made by AB.

The Ethics Officer’s Report

33)  The “Integrity” page⁹ on the Commonwealth Games Federation website states: Avoiding acts or omissions that give the appearance of impropriety, or that denigrate or detract from any Commonwealth Games Entity and/or the Commonwealth Games and/or CGF Officials, or that bring (or have the potential to bring) any Commonwealth Games Entity and/or the Commonwealth Games and/or CGF Officials and/or sport generally into disrepute.

34)  The Report provides a summary and analysis of a first-person witness to the alleged unethical conduct. The report documents that AB, while at a social event related to Commonwealth Games Federation business, spent an inordinate amount of time with a volunteer of the opposite sex. The first-person witnesses were uncomfortable with AB’s behaviour and their view of the potential to bring the Commonwealth Games Federation into disrepute. It is clear these witnesses had concerns about the potential to bring the Commonwealth Games Federation and/or CGF Officials into disrepute, to the extent that they took photographs of AB with the volunteer.

35)  CD notes that they did not contact the volunteer as a witness.

AB’s Position

36)  I have reviewed the available correspondence between AB and CD, as well as between AB and the Panel, and the report. As mitigation of the allegations, I find that AB has been prompt and polite in their responses to the Ethics Commission Chair, the ad hoc Ethics Officer, and the panel. AB has not in any way resisted the ethics review process.

37)  AB has agreed to the allegations and has acceded to the proposed sanctions. By doing so AB has saved the Commonwealth Games Federation from a great deal of work and expense in holding a three-person panel, with panellists, hearing clerks and staff, safeguarding experts, witnesses, and staff potentially from all regions of the world.

38)  By agreeing to the allegations and proposed sanctions, AB has accepted responsibility towards the Code of Ethics and Conduct. AB has further agreed to undertake appropriate coaching or training, and to be monitored for a five-month period. AB has also agreed to pay any costs related to the training or the investigation.

39)  AB’s actions indicate to the Panel that they are earnest and redeemable within the Commonwealth Games Federation.

40)  AB has taken two positions with CD and the Panel. The first position is that nothing inappropriate happened at the event. AB states that they have agreed to the allegations and acceded to the proposed sanction to allow the Ethics Commission to hear the matter with a Chair as a single person panel.

41)  The evidence before me indicates that AB’s actions denigrated the perception of the integrity, of the potential for the appearance of impropriety, and the possibility of bringing the image of the Commonwealth Games into disrepute. The appearance of unethical conduct by a Commonwealth Games Federation official, which raised concerns by others who were present is like the proverb, “Caesar's wife must be above suspicion”¹⁰. Not only do Commonwealth Games Federation officials need to have integrity; they need to be examples of integrity and ethical conduct and avoid negative scrutiny or attention.

42)  AB has raised concern with the public disclosure of the decision, and states that there is a, “…high risk of unintended consequence of making any sanction disproportionate, multiplying the effect of a reprimand….”

The Sanctions

43)  The Rules stipulate that the Ethics Officer set out the sanctions they believe to be appropriate¹¹. The Formal Notice of Charge provides these sanctions:

43.1.  Based on the outcome of the investigation, the CGF is seeking the following Sanctions in the event that one, some, or all of the charges in this case are upheld.

43.1.1.  in accordance with paragraph 15.1.2 of the Code, a reprimand;

43.1.2.  in accordance with paragraph 15.1.3 of the Code, reimbursement for any of the costs of the investigation;

43.1.3.  in accordance with paragraph 15.1.6 of the Code, a period of restriction on your travel on CGF business.

43.1.4.  in accordance with paragraph 15.1.7 of the Code, a period of training and supervision, with a review.

44)  An exchange of three emails took place between AB and CD on March 3, 4, and 5. In this exchange AB and CD discuss modification to the sanctions. AB does not request a hearing of the sanctions and the charges. Instead, AB makes a case as to why CD should mitigate the sanctions. CD responds with advice and opinions, and in the second email of the series CD proposes sanctions which are different than those found in the Notice of Charge. AB responds to this email, stating in part:

As I mentioned in my letter March 3rd, I accept the charge as outlined in 3.1 in your letter of February 13th as I wish to draw a line and move forward, although nothing inappropriate happened in (redacted).

I appreciate and accept your offer re suspension of travel restrictions 4.1.3 as outlined in your letter of March 4th. Further, thank you for the explanation and recommendation around disclosure. I appreciate you will not be asking for public disclosure.

I accept the sanctions as outlined in yesterday’s letter and thank you again for the offer leading to a prompt resolution.

45)  I find that once the Notice of Charge was provided to AB, that CD had no authority to amend the proposed sanctions. Should AB have wished to have the sanctions modified, there are clear processes in the Rules and the Notice of Charge to do so. CD should not have made any modifications to the charges or the sanctions, as that is in the sole purview of the Ethic Commission at a hearing, and only after a hearing is requested by the covered person.

46)  CD’s letter to AB lacks specificity as to exactly what the complete package of charges and sanctions contain. I also find that the sanctions written by CD have either no, or ambiguous, metrics, and the sanctions do not indicate who at Commonwealth Games Federation is responsible for implementing the sanctions, i.e. who signs the letter of reprimand. In the section that follows, I will clarify these sanctions.

47)  Further, on March 10, 2025, I summarized the charges and the sanctions with clarifications and provide them to AB in a letter. AB was asked to sign and date the letter if they voluntarily agreed to the charges and acceded to the sanctions. I received the signed letter on March 11, 2025.

Reasons and Findings

48)  As the covered person has admitted to the charges, and has acceded to the sanctions, the provisions in Rule 5.2.2 must be implemented:

No hearing before the Ethics Commission is required and the Chair shall:

5.2.2.1  promptly issue a decision confirming the admission of the breach of the Code and, if relevant, the imposition of the sanction specified in the Notice of Charge;

5.2.2.2  send a copy of the decision to the Covered Person subject to the charge, to their relevant CGA (if applicable) and the CGF;

5.2.2.3  Publicly Disclose the decision confirming a breach of the Code and (if relevant) the imposition of the sanction.

49)  As Chair, I have very little latitude. The Rule above says what I shall do, not what I may do. Per Rule 5.2.2.1, this written decision confirms the admission of breaches of the Code.

50)  Also, per Rule 5.2.2.1, I impose the sanctions, with the following clarifications:

• That a letter of reprimand, signed by the Commonwealth Games Federation CEO and Chair of the Governance Committee, be sent to AB within ten days of the date of this decision;
• That Commonwealth Games Federation provides AB with a copy of the final and total invoice from Sport Resolutions, and that AB reimburse Commonwealth Games Federation the full cost of the investigation within 30 days of being provided with a copy of the final invoice, or pay Sport Resolutions directly;
• That until September 1, 2025, when in international travel status on Commonwealth Games Federation business, that AB will be accompanied with, or met at the travel destination by, a safeguarding officer, a law enforcement official, a regional vice president of Commonwealth Games Federation, or other person to be designated by the Commonwealth Games Federation CEO. The CEO will provide a briefing to every such individual on the previous incident, and these individuals will make a report of AB’s conduct to the CEO after travel is completed. The CEO maintains full budgetary authority with respect to any further expenses due to this sanction, and may refuse to authorize travel related expenses if it is injurious to Commonwealth Games Federation; and,
• That the CEO, with the assistance of the Commonwealth Games Federation Safeguarding Officer, or other Safeguarding expert, will determine an appropriate training or coaching provider to further educate AB in ethical conduct, and is to be completed within 90 days of this decision. The cost of such training to be paid by AB.

51)  A copy of this decision shall be provided to the CEO, the complainant, and AB.

52)  I have already made my findings with respect to the disclosure of this decision and to anonymizing AB’s identity. However, for the sake of clarity I make the following findings with respect to publicly disclosing the decision, as defined above. I find that:

a.  The covered person’s identity is not included in the decision, and the letters AB shall refer to the covered person;

b.  The decision shall be posted on the Commonwealth Games Website¹² under the relevant section concerning the Ethics Commission, and shall not be posted on the “News” feed;

c.  The decision will be posted for a period of 28 days only;

d.  That all people legitimately required to do something as part of the sanctions above will need to know the identity of the covered person;

e.  That the Governance Committee shall receive a copy of the decision, and be made aware of the identity of the covered person;

f.  That the Director of Governance and the Ethics Officer shall receive a copy of the decision, and be made aware of the identity of the covered person, and they will safeguard the decision, which may be used as evidence if there is a further allegation of a similar breach of the Code;

g.  The Ethics Commission shall receive a copy of the decision;

h.  Further dissemination of the decision is prohibited without the expressed consent of the Panel;

i.  That the Director of Governance will circulate the decision to the parties listed above.

Conclusion

53)  I determine that AB has breached the Code of Ethics and Conduct.

54)  The Covered Person has agreed to the charges and accepted the sanctions proposed by the ad hoc Ethics Officer.

55)  That the sanctions have been clarified with appropriate metrics.

56)  That the CEO and the Director of Governance will monitor compliance with the sanctions and my findings.

Recommendations

56.  I recommend that Rule 5.2.2 provide greater discretion to the Panel Chair and enable to the Panel Chair to: a) provide further sanctions beyond what is recommended by the Ethics Officer, so long as those further sanctions are not more severe than those recommended by the Ethics Officer¹³, and b) where the Panel Chair finds that there is a serious matter which is of the public interest to Commonwealth Games Federation, to send the case to a hearing before the Ethics Commission.

57.  I recommend that after the Ethics Officer has provided their report to the Ethics Commission¹⁴, that the Panel, or the Panel Chair, may, independently of any action taken or not taken by the Ethics Officer, impose a Provisional Suspension consistent with Section 12 of the Code. Should a covered person appeal this suspension, the appeal would be heard by a panel of three different Commission members. Any member of the Commission may chair the appeal panel.

58.  I recommend that the Commonwealth Games Federation develop its own roster of ad hoc Ethics Officers, Safeguarding Officers, and Investigators. These people should receive on boarding orientation to the related Commonwealth Games Federation Codes, Rules, and Policies¹⁵. Ideally, there would be roster members from all of the Commonwealth Games Federation regions. Members of the roster should be present at Games Time.

NOTES

Note ¹ Section 3

Note ² Undated Terms of Reference pp 2, 3

Note ³ Rule 5.2.2.3

Note ⁴ Rule 1.1.5

Note ⁵ Rule 10.2.2 states it is a responsibility of the Ethics Officer “to educate Covered Persons on the proper interpretation and application of this Code and related policies and procedures (and more generally to raise awareness in respect of conduct matters)”

Note ⁶ Article 3 of the Code

Note ⁷ Article 6 of the Code

Note ⁸ Articles 10 -13 of the Code

Note ⁹ https://www.commonwealthsport.com/integrity/ethics-commission accessed March 12, 2025

Note ¹⁰ If one is involved with a famous or prominent figure, one must avoid attracting negative attention or scrutiny. Julius Caesar allegedly used the phrase to explain why he divorced his wife, Pompeia. https://idioms.thefreedictionary.com/Caesar%27s+wife+must+be+above+suspicion

Note ¹¹ “Setting out the sanction(s) that the CGF Ethics Officer considers appropriate in the event that the charge(s) is (are) admitted or upheld (alternatively the CGF Ethics Officer may state that submission on such sanction(s) should be made at a later stage in the proceedings)”

Note ¹² https://www.commonwealthsport.com/integrity/ethics-commission/ (following the list of policies and the pdf shall be titled “Decision of the Ethics Commission, March 2025”

Note ¹³ For example, the Panel may recommend that the charged person provide a letter of apology, a suspended sanction, a reduction in a suspension, etc

Note ¹⁴ Following after Rule 5.1

Note ¹⁵ Including: The Constitution; Anti-Bribery and Corruption Policy; Code of Ethics and Conduct; Officials Conduct Policy; Public Interest Disclosure Whistleblowing Policy; Safeguarding Policy; Games Time Charter of Good Conduct; Elections Policy; No Needle Policy; Anti-Doping Rules; Social; Media Policy; Code on the Prevention of the Manipulation of Competitions; etc.

A.  PURPOSE, SCOPE AND APPLICATION

1.  CGF VISION, MISSION AND CORE VALUES

1.1  The CGF has adopted this Code (under CGF Byelaw 11) in order to further its Vision and Mission, and to support and uphold its Core Values.

2.  INTERPRETATION

2.1  Conduct prohibited under this Code might also amount to a criminal offence and/or a breach of other applicable laws or rules and regulations, in national jurisdictions and/or under the rules and regulations of International Federations and/or other sports governing bodies and/or other types of regulatory bodies. This Code is intended not to replace such laws and regulations, but to supplement them with further rules of conduct for those involved in the Commonwealth Sports Movement, in order to ensure the highest ethical standards, apply and to maintain public confidence in the image and integrity of the Commonwealth Sports Movement and the Commonwealth Games. It is to be interpreted and applied accordingly.

2.2  Capitalised words and phrases appearing in this Code are defined terms, unless specified or the context dictates otherwise. They have the meaning set out in Appendix 1 to this Code.

2.3  The commentary notes annotating certain Articles in this Code are to be used in the interpretation and application of this Code. Any documents published by the CGF in relation to this Code (for example, but without limitation, guidance documents in relation to behavioural standards) may also be used as interpretative aids.

2.4  The headings used in this Code are for the purpose of guidance only. They do not affect the meaning of this Code.

2.5  Unless specified or the context otherwise requires, words in this Code noting any one gender include all other genders, and words denoting the singular include the plural and viceversa.

3.  PERSONS BOUND BY THIS CODE

3.1  This Code applies in its entirety to all Athletes and Athlete Support Personnel, CGAs, CGOCs, CGA Officials, CGF Officials, CGOC Officials, Bid Committee Members and any other persons from time to time involved in the governance, administration and/or participation of a Commonwealth Sport Programme. (each, a Covered Person).

3.2  For the avoidance of doubt:

3.2.1   A Covered Person may be a natural person or a legal person (or other entity).

3.2.2  This Code will not apply to officers or employees of the CGF's commercial partners (unless agreed otherwise in writing). However, all such commercial partners are encouraged to put in place similar codes or policies based on similar principles and rules as contained in this Code, to be binding upon all such individuals in their dealings with the CGF.

3.3  Subject to this article, Covered Persons will be bound by and required to comply with this Code:

3.3.1  CGAs, CGOCs, CGA Officials, CGF Officials, CGOC Officials, Bid Committee Members and any other persons from time to time involved in the governance, administration whenever they are acting in any capacity in connection with a Commonwealth Games Entity or participating in a Commonwealth Sport Programme; and

3.3.2  Athletes and Athlete Support Personnel, whenever they are participating in a Commonwealth Sport Programme.

3.4  Covered Persons may be required to sign the acknowledgement form set out at Appendix 2 to this Code, but whether or not they have signed such an acknowledgment, by participating in a Commonwealth Sport Programme, and/or being involved in the governance and administration of the Commonwealth Games, Covered Persons will be bound by this Code.

3.5  Covered Persons will cease to be bound by this Code as of the date that they cease to perform any role and/or to conduct activities that qualify them as a Covered Person, save that they will remain subject to this Code in respect of matters occurring prior to that date. If a Covered Person resigns during (but prior to the completion of) any investigation or proceedings against him under the Code, then without prejudice to the CGF's ability to continue with such investigation and/or proceedings in any event) the Covered Person will not be eligible to take up any position at (or otherwise have any dealings with) any Commonwealth Games Entity until he has submitted himself to and cooperated with the investigation, and any consequent proceedings have been completed.

3.6  All Covered Persons will be deemed to have agreed:

3.6.1  to be bound by and to comply with this Code and any related CGF policies (as set out at Article 4.1 below);

3.6.2  to familiarise themselves with all of the requirements of this Code, including what conduct constitutes a violation of this Code and to seek clarification from the CGF and/or the CGF Ethics Officer in case of any doubt;

3.6.3  to submit to the exclusive jurisdiction of the CGF Ethics Officer, the CGF Ethics Commission, and the CAS in relation to the enforcement of this Code (in accordance with this Code and any other applicable CGF regulations); and

3.6.4  not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission to jurisdiction.

3.7  For the avoidance of doubt, this Code will not replace or in any way affect or alter the ability of the CGF and/or CGF Partnerships and/or Commonwealth Sports Foundation and/or any other relevant CGF entity's ability to pursue appropriate disciplinary action against any individual under the terms of any employment or consultancy contract and/or pursuant to any relevant employment policies in force from time to time. Where conduct prohibited under this Code also amounts to a breach of the terms of an employment or consultancy arrangement, the CGF and/or CGF Partnerships and/or Commonwealth Sports Foundation and/or any other relevant CGF entity will be entitled, at its absolute discretion, to elect only to pursue disciplinary action against such individual pursuant to the applicable employment or consultancy contract. There will be no requirement to have first instituted, or to subsequently institute, any action under this Code.

4.  OTHER CGF POLICIES RELATING TO CONDUCT

4.1  In addition to this Code, the CGF may from time to time introduce policies that concern and/or regulate the conduct of Covered Persons (as more fully set out in each document), including (but not limited to) the following:

4.1.1  The CGF Anti-Corruption Policy;

4.1.2  The CGF Officials' Conduct Policy - Conflicts of Interest, Integrity (Anti-Bribery and Gifts) and Confidentiality;

4.1.3  The CGF Elections and Appointments Policy;

4.1.4  The CGF Safeguarding Policy; and

4.1.6  The CGF Charter of Good Conduct.

(each of the above, and any policies introduced from time to time, being a CGF Policy).

4.2  Covered Persons will be bound by and required to comply with CGF Policies (insofar as the CGF Policies are applicable to them) and, unless otherwise expressly stated to the contrary in the relevant CGF Policy, a breach of any of the substantive provisions of a CGF Policy shall be treated as a breach of this Code.

4.3  This Code and the CGF Policies are also complemented by the CGF Whistleblowing Policy.

5.  CGAs AND CGOCs 

5.1  Without prejudice to the personal responsibility of each Covered Person for his own conduct, each CGA and CGOC is responsible for its own conduct and the conduct of its connected Covered Persons. For the avoidance of doubt, CGAs and CGOCs will themselves be deemed Covered Persons for those purposes (and may therefore be subject to investigation and proceedings under this Code).

5.2  Each CGA and CGOC is encouraged to adopt its own code(s) of conduct to govern the behaviour of those involved in their governance and administration (and, in the case of CGAs, Athletes and Athlete Support Personnel).

5.3  Where the same conduct could be pursued as a breach of this Code or a breach of a code adopted by a CGA or a CGOC, the CGF Ethics Officer, in his sole discretion, will determine whether the matter should be pursued by the relevant CGA or CGOC (for example, because it relates to a purely internal matter), or by the CGF Ethics Officer under this Code (which may be done in addition to, or as an alternative to, any action taken by a CGA or CGOC).

5.4  Each CGA and CGOC must (without the need for any further formality) recognise, respect and give effect to all decisions made in applying and enforcing this Code.

B.  GENERAL CONDUCT

6.  BEHAVIOURAL STANDARDS 

6.1  Covered Persons must endorse the Vision, Mission and Core Values of the CGF (as may be specified by the CGF from time to time) and direct their efforts for the benefit of the entire Commonwealth Sports Movement.

6.2  Covered Persons must adhere to all applicable CGF Policies.

6.3  Covered Persons must safeguard the interests of Athletes including their physical and mental health and equilibrium, and their opportunity to participate in fair competition and excel in sport.

6.4  Covered Persons must not engage in the abuse or harassment of any other person (whether physical, verbal, mental, sexual or otherwise).

6.5  Covered Persons must not do anything that might improperly discriminate against anyone on the basis of ethnic origin, colour, race, nationality, culture, religion or belief (or lack thereof), political opinion (or lack thereof), gender, gender reassignment, sexual orientation or disability, or any other improper ground.

6.6  In addition to complying with all applicable laws and CGF Regulations, each Covered Person must conduct himself honestly, fairly, impartially and in accordance with the highest standards of integrity. He must avoid any conduct that is inconsistent with or that undermines in any way the objectives of this Code.

6.7  Covered Persons must avoid acts or omissions that give the appearance of impropriety, or that denigrate or detract from any Commonwealth Games Entity and/or the Commonwealth Games and/or CGF Officials, or that bring (or have the potential to bring) any Commonwealth Games Entity and/or the Commonwealth Games and/or CGF Officials and/or sport generally into disrepute.

6.8  A Covered Person must not use the Commonwealth Games to promote any political or religious agenda or personal financial interests.

6.9  A Covered Person must not abuse his position in any way, especially for private aims or objectives.

Note: It is not possible to draw up a definitive and exhaustive list of the types of conduct that may amount to a breach of the above-listed duties, and each case will necessarily depend upon its own facts.

6.10  Covered Persons must not be involved with entities or persons whose activities or reputations are inconsistent with the principles set out in this Code. In order for this provision to apply, it is necessary that the Covered Person has previously been advised in writing by the CGF Ethics Officer (which may be by way of general notice to Covered Persons, or any category of Covered Persons) that he should no longer associate with such entity/person (or category of entity/person), and of the consequences that may apply if he continues such association.

7.  DUTY TO REPORT AND COOPERATE 

7.1  Each Covered Person must report without delay to the CGF Ethics Officer (whether directly or indirectly pursuant to the CGF Whistleblowing Policy) all knowledge concerning:

7.1.1  any approach or invitation received by him to engage in conduct that may amount to a breach of this Code; and

7.1.2  any incident, fact or matter that comes to his attention that might evidence a potential breach of this Code by another person.

7.2  Each Covered Person must cooperate fully with all investigations carried out by the CGF Ethics Officer in relation to possible breaches of this Code (including, without limitation, by providing any information and/or documentation requested by the CGF Ethics Officer (or his appointee(s) as part of that investigation).

8.  DEFENCE

8.1  It will be a valid defence to a charge of a breach of any provision of this Code if the Covered Person adduces sufficient credible evidence to prove, on the balance of probabilities, that genuine and powerful reasons exist (or existed) to objectively justify his/her conduct taking into account all the relevant circumstances (and for which purpose the right to invoke the privilege against self-incrimination is deemed to have been waived by each Covered Person and will not be a sufficient reason to objectively justify his/her conduct).

Note: It is intended that genuine and powerful reasons are to be interpreted as those that are truly exceptional. It is acknowledged that the assessment of 'genuine and powerful' will depend on the specific circumstances of a case (balanced alongside the seriousness of the alleged breach), but it is envisaged that it will include only cases where there is genuine, objective reason to consider that the Covered Person's and/or another person's health or well-being was otherwise at risk.

8.2  Under no circumstances will it be a valid defence to a charge of breach of this Code for a Covered Person to claim that he made a mistake as to the provisions of this Code or claim ignorance of such provisions.

9.  ATTEMPT OR AGREEMENT TO BREACH, OR OTHER INVOLVEMENT IN BREACH 

9.1  Where a Covered Person:

9.1.1  attempts or agrees with any other person to engage in conduct (whether by act or omission) that would culminate in a violation of this Code (unless the Covered Person renounces his attempt or agreement prior to it being discovered by a third party not involved in the attempt or agreement);

9.1.2  solicits, induces, instructs, persuades or encourages any person to engage in conduct (whether by act or omission) that would amount to a breach of this Code if committed by the Covered Person himself; and/or

9.1.3  authorises, causes, or knowingly assists, encourages, aids and abets, covers up, or is otherwise complicit in, any act or omission by any person that would amount to a breach of this Code if committed by the Covered himself;

the Covered Person will be treated as if he committed such act or omission, whether or not such an act or omission in fact resulted in a violation and whether or not the violation was committed deliberately, recklessly or negligently, and he will be liable accordingly under this Code.

C.  PROCEDURE

10.  APPOINTMENT OF CGF ETHICS OFFICER 

10.1  The Executive Board will appoint a person with appropriate skills, experience and standing to act as the CGF Ethics Officer under this Code.

10.2  The responsibilities of the CGF Ethics Officer in relation to this Code include (without limitation):

10.2.1  to provide assistance on conduct matters and good governance to the CGF;

10.2.2  to educate Covered Persons on the proper interpretation and application of this Code and related policies and procedures (and more generally to raise awareness in respect of conduct matters);

10.2.3  to monitor the development of conduct issues and recommend updates to this Code and related policies and procedures;

10.2.4  to lead investigations into suspected breaches of this Code and, where appropriate, to initiate proceedings where he believes that a Covered Person has a case to answer for breach of this Code; and

10.2.5  to carry out such other responsibilities as may be allocated to him by the CGF from time to time.

10.3  In the event that the CGF Ethics Officer is alleged or suspected to have breached any provision of this Code, or where there is a potential conflict of interest, if the Ethics Officer were to investigate, the CGF will appoint another individual with the appropriate skills, experience and standing to act as CGF Ethics Officer for the purposes of any necessary investigation and proceedings.

11.  INVESTIGATIONS

11.1  Any allegation or suspicion of a breach of this Code by a Covered Person, whether reported pursuant to Article 7 or otherwise, will be referred to the CGF Ethics Officer for consideration and possible investigation.

11.2  In relation to any investigation commenced under this Code, the CGF Ethics Officer may:

11.2.1  investigate the matter himself; and/or

11.2.2  appoint another person or others, including an independent expert (or experts), to assist in relation to his investigation.

11.3  The CGF Ethics Officer (or his appointee) may require a Covered Person (and request other parties) to:

11.3.1  attend to answer and provide information and/or answer questions by way of interview;

11.3.2  produce documents, information or other material in whatever form held, including by providing any relevant passwords and/or otherwise facilitating access to computer records, telephone records, mobile devices, social media accounts etc. (which access may be required immediately in order to preserve the integrity of any documents, information or other material); and

11.3.3  cooperate in any other manner that might be necessary or desirable for the purposes of the investigation.

11.4  Investigations under this Code may be conducted in conjunction with, and/or information obtained as a result of such investigations may be shared with other relevant authorities (including sports governing bodies, criminal, administrative, professional and/or judicial authorities).

12.  PROVISIONAL SUSPENSION

12.1  At any time, where the CGF Ethics Officer considers that the integrity of any Commonwealth Games Entity and/or the Commonwealth Games and/or a Commonwealth Sport Programme and/or CGF Officials and/or sport generally might be seriously undermined by a Covered Person continuing to undertake activities as a Covered Person, he may provisionally suspend the Covered Person (from carrying out some or all activities of a Covered Person) pending the CGF Ethics Commission's determination of whether he has committed any breach of this Code. Any decision to provisionally suspend a Covered Person will be communicated to the Covered Person in writing, with a copy sent at the same time to the CGA to which the Covered Person is affiliated (if any).

12.2  In all cases, the Covered Person shall, in accordance with the CGF Ethics Commission Procedural Rules, be given an opportunity to contest such provisional suspension in a hearing taking place before the Chair of the CGF Ethics Commission (sitting alone) on a timely basis after its imposition. At any such hearing, it will be the burden of the CGF Ethics Officer to establish that in such circumstances, the integrity of any Commonwealth Games Entity and/or the Commonwealth Games and/or CGF Officials and/or sport generally could be seriously undermined if the Covered Person does not remain provisionally suspended pending determination of the charge(s) or such other date (as may be applicable).

13.  NOTICE OF CHARGE

13.1  If, at the conclusion of an investigation commenced under this Code, the CGF Ethics Officer concludes that the Covered Person under investigation has breached any provision(s) of this Code the CGF Ethics Officer will send a written notice of charge ("Notice of Charge") to that Covered Person:

13.1.1  confirming that a charge(s) is (are) being issued against the Covered Person under this Code and that the matter is being referred to the CGF Ethics Commission;

13.1.2  detailing the facts and evidence on which the charge(s) is (are) based;

13.1.3  setting out the sanction(s) that the CGF Ethics Officer considers appropriate in the event that the charge(s) is (are) admitted or upheld (alternatively the CGF Ethics Officer may state that submission on such sanction(s) should be made at a later stage in the proceedings); and

13.1.4  requiring the Covered Person's written response to the charge(s) within 14 (fourteen) days.

13.2  A Covered Person may respond to a Notice of Charge in one of the following ways:

13.2.1  to admit the charge(s), and (if relevant) accede to the sanction(s) specified in the Notice of Charge;

13.2.2  to admit the charge(s), but (if relevant) indicate an intention to dispute and/or seek to mitigate the sanction(s) specified in the Notice of Charge by way of hearing before the CGF Ethics Commission; or

13.2.3  to deny the charge(s) and to have the charge(s) and (if the charge(s) is (are) upheld) any appropriate sanction(s) determined at a hearing before the CGF Ethics Commission.

14.  PROCEEDINGS BEFORE THE CGF ETHICS COMMISSION

14.1  Where an alleged breach of this Code by a Covered Person is referred to the CGF Ethics Commission, the matter will be heard in accordance with the CGF Ethics Commission Appointment and Procedural Rules.

14.2  Unless stated otherwise in any relevant CGF Policy, charges brought under this Code (and/or any related CGF policy) are to be proved by the CGF Ethics Officer on the balance of probabilities.

15.  SANCTIONS

15.1  Any one or more of the following sanctions may be imposed by the CGF Ethics Commission for a proven breach of this Code:

15.1.1  a warning as to future conduct (i.e. a reminder of the substance of the provision of the Code that has been infringed, together with a threat of sanction in the event of further infringement);

15.1.2  a reprimand (i.e. an official written pronouncement of disapproval);

15.1.3  a fine (of an unlimited amount) and/or an order of reimbursement or restitution or compensation;

15.1.4  forfeiture of any individual awards or benefits (whether financial or otherwise) that were received as a consequence of the conduct that gave rise to the breach or is related thereto;

15.1.5  removal from office;

15.1.6  suspension from carrying out some or all activities of a Covered Person for a specified period; and

15.1.7  such other sanction(s) as may be considered appropriate.

15.2  The sanction(s) to be imposed in a particular case will be determined by reference to all of the relevant circumstances of that case, including an assessment of the seriousness of the breach, and any mitigating or aggravating factors that may be present. For the avoidance of doubt, a sanction may be imposed on a suspended basis.

D. MISCELLANEOUS

16.  SEVERABILITY

16.1  If any part of this Code is ruled to be invalid, unenforceable or illegal for any reason, that part will be deemed deleted, and the rest of the Code will remain in full force and effect.

17.  MATTERS NOT OTHERWISE PROVIDED FOR

17.1  If any matter arises that relates in any way to this Code for which there is no provision in this Code, the CGF Documents or any other CGF Regulations then the CGF, CGF Ethics Officer, CGF Ethics Commission or any other relevant decision-maker may take such action as he/it considers appropriate in the circumstances in a manner consistent with the objectives underlying this Code and in accordance with general principles of natural justice and fairness.

18.  EFFECT OF DEFECTIVE PROCEDURE

18.1    Any deviation from any provision of this Code and/or any irregularity, omission, technicality or other defect in the procedures followed hereunder will not invalidate any finding, procedure or decision unless it is shown to render the proceedings unreliable or to have caused a miscarriage of justice.

19.  APPLICABLE LAW

19.1  This Code is governed by and is to be construed in accordance with English law. Disputes relating to this Code shall be subject to the exclusive jurisdiction of the CAS.

20.  LIMITATION OF LIABILITY

20.1  None of the CGF (including any CGF Officials), CGF Ethics Officer, members of the CGF Ethics Commission or any other relevant decision-maker under this Code will be liable to any person howsoever for any act or omission in connection with any investigation or proceeding or other matter arising under or in relation to this Code save where the act or omission is shown by that person to constitute conscious and deliberate wrongdoing by the individual or entity alleged to be liable.

21.  USE OF PERSONAL DATA AND INFORMATION

21.1  Each Covered Person is be deemed to acknowledge that his personal data is processed in accordance with CGF's privacy notice as found on CGF's website.

22.  EFFECTIVE DATE AND SUBSEQUENT AMENDMENT

22.1  This Code will come into full force and effect on 15 November 2023. This Code may be amended from time to time by Ordinary Resolution at the General Assembly.

APPENDIX 1: Definitions

Articles of Association. The CGF's Articles of Association, as amended from time to time.

Athlete. Any natural person who has been selected by a CGA to compete in the Commonwealth Games, or who otherwise participates in a Commonwealth Sport Programme.

Athlete Support Personnel. Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other natural person working with, treating or assisting an Athlete participating in the Commonwealth Games and/or a Commonwealth Sport Programme.

Bid Committee Member. Any person acting in an official capacity on behalf of a city/CGA as part of a Commonwealth Games candidature.

CAS. The Court of Arbitration for Sport in Lausanne, Switzerland.

CEO. The Chief Executive Officer of the CGF.

CGA. Affiliated CGAs, as defined in the CGF's Articles of Association. CGA Official. Each person serving as a director or officer of a CGA. CGF. Commonwealth Games Federation.

CGF Documents. The CGF's Articles of Association, the Byelaws, this Code and related policies, and the Games Manuals of the CGF.

CGF Ethics Officer. The person appointed by the CGF to fulfil the responsibilities set out at Article 10.2.

CGF Ethics Commission. The Ethics Commission established under the CGF Documents.

CGF Official. Each of the following persons is a CGF Official:

• each person serving as a director or officer of the CGF and/or CGF Partnerships and/or Commonwealth Sports Foundation and/or any other CGF entity that may be established from time to time, including (without limitation) the President, the CEO, Executive Board members, and any candidates for election to the Executive Board;
• each person serving as a member of a committee, working party, panel, advisory board or working party of the CGF, and each person appointed to represent the CGF on any committee or working party or in any similar role, and any candidates for election to such positions;
• each person employed (whether full-time, part-time, permanently, for a fixed-term or temporarily) or engaged as an agent, consultant or contractor for, or otherwise functioning as a member of the staff of, the CGF, CGF Partnerships and/or Commonwealth Sports Foundation and/or any other CGF entity that may be established from time to time (this category of person is intended to be construed broadly and will encompass (without limitation) heads of departments, managers, and other employees, as well as individuals who are contracted from time to time in any way with the CGF, CGF Partnerships, Commonwealth Sports Foundation, or any other CGF entity that may be established from time to time);
• each person appointed, selected or accredited by the CGF to work/volunteer at the Commonwealth Games and/or attending the Commonwealth Games on behalf of the CGF, including (without limitation) any umpires, referees, judges, timekeepers, scorers or other officials appointed by (or on behalf of) the CGF, and any other person who receives accreditation to the Commonwealth Games as a representative of the CGF; and1 n
• any other person who has agreed to be bound by this Code as a CGF Official.

 
CGF Partnerships. CGF Partnerships Ltd (UK company number 10380178).

CGF Policy. As defined in Article 4.1.

CGF Regulations. Any regulations made by or on behalf of the CGF in accordance with the CGF Documents, including all amendments thereto and re-enactments thereof.

CGOC. A Commonwealth Games Organising Committee, the organising committee for any Commonwealth Games.

CGOC Official. Each person serving as a director or officer of a CGOC.

Code. This Code of Ethics and Conduct, as amended from time to time.

Commonwealth Games. The Commonwealth Games, the Commonwealth Youth Games, and any other sports events organised and/or administered by the CGF.

Commonwealth Games Entity. The CGF, CGF Partnerships, Commonwealth Sports Foundation, any CGA, any CGOC, and any other CGF-related entity that from time to time is connected with the governance and administration of the Commonwealth Games

Commonwealth Sports Foundation. Commonwealth Sports Foundation (UK company number 10363544).

Commonwealth Sports Movement. The sports movement that the CGF seeks to deliver as set out in its Mission.

Commonwealth Sport Programme. Includes the Commonwealth Games, the Commonwealth Youth Games, GAPS Camps, eqUIP and any other programmes or activities organised and/or administered by the CGF.

Covered Persons. As defined in Article 3.1.

Executive Board. The Executive Board of the CGF constituted in accordance with Article 7 of the CGF's Articles of Association.

President. The president of the CGF.

 
APPENDIX 2: Consent form

DATE:                          

A copy of the Commonwealth Games Federation ('CGF') Code of Conduct and Ethics ('Code'), as approved by the CGF Executive Board, is enclosed.

As set out in the Code it is necessary to ensure the highest standards of conduct in order to maintain public confidence in the image and integrity of the Commonwealth Sports Movement, aR4 the Commonwealth Games (including the Commonwealth Youth Games), and all Commonwealth Sport Programmes. In furtherance of these objectives, please sign the notice below to acknowledge your receipt of the Code and your agreement to be bound by and to comply with its terms. Involvement in the governance and administration of the Commonwealth Games and/or participation in a Commonwealth Sport Programme will be deemed to signify such acceptance and agreement (irrespective of whether or not you have executed and returned this consent form).

Please return a signed copy to the CGF Ethics Officer by email to ethics@thecgf.com.

******************************************************************************************************************************************************************************************

I                                         (print name),                                    (position)

acknowledge receipt of a copy of the Code and hereby agree to be bound by and to comply with its terms, to familiarise myself with all of the requirements of the Code, to submit to the exclusive jurisdiction of the CGF Ethics Officer, the CGF Ethics Commission and the Court of Arbitration for Sport in relation to its enforcement, and not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission.

Signed:                           

Date:                              

1  DEFINITIONS AND INTERPRETATIONS

1.1  Unless otherwise stated, the definitions in the CGF Code of Ethics and Conduct apply to these Rules; other words and phrases shall have the following meanings:

1.1.1  “Chair” or “Deputy Chair” means the Chair or Deputy Chair respectively of the Ethics Commission appointed under Rule 2.2;

1.1.2  “Ethics Commission” means the CGF Ethics Commission;

1.1.3  “immediate family member” means a spouse, parent, child, sibling, in-law (mother-, father-, son-, daughter-, brother- or sister-) and anyone (other than a domestic employee) who shares the home of a member of the Ethics Commission;

1.1.4  “Proceeding” means the process undertaken by the Ethics Commission from receipt of the Notice of Charge until the final determination of the charge, unless specified otherwise.

1.1.5  “Publicly Disclose” means disclosure on the CGF official website and such other public notification as decided by the Ethics Commission.

1.1.6  “Rules” means these CGF Ethics Commission Appointment and Procedural Rules.

1.1.7  These Rules are to be read in conjunction with the Code; if there is any inconsistency between the Code and these Rules, the Code shall prevail.

1.1.8  The singular includes the plural and vice versa; any gender includes any other gender; the word "person" includes bodies corporate, companies, partnerships, syndicates, trusts and any association of persons; and the word "individual" means a natural person.

2  ESTABLISHMENT OF ETHICS COMMISSION

2.1  The Ethics Commission is established by the CGF as an independent body to carry out the functions given to the Ethics Commission under the Code and these Rules.

2.2  The Executive Board shall appoint six suitably qualified individuals who satisfy the conditions of Rule 2.3 as members of the Ethics Commission. The Chair and Deputy Chair shall be appointed from among the members.

2.3  The following shall apply to all appointments:

2.3.1  All members of the Ethics Commission shall be independent of the CGF and any CGA or CGOC.

2.3.2  The Chair, Deputy Chair and at least two other members of the Ethics Commission shall have a legal background.

2.3.3  No two members of the Ethics Commission shall be citizens of the same country, and ideally, but not necessarily, come from the same region.

2.4  A person is not considered independent if they:

2.4.1  are a member of the Executive Board or a committee of the CGF or of the executive committee/board of any CGA or CGOC;

2.4.2  are an employee or consultant of the CGF or any CGA or CGOG, or otherwise engaged in any paid or voluntary capacity by the CGF or any CGA or CGOG;

2.4.3  are otherwise in a situation in which they have or are involved with multiple interests, which may include both personal interests and interests arising from their duties or positions as a director, principal, partner, shareholder, officer or representative of an organisation, and where benefiting one or more of these interests may adversely affect the outcome in respect of another interest;

2.4.4  are an immediate family member of any of the above persons.

2.5  Members of the Ethics Commission shall serve staggered terms. In order to establish the rotation cycle, the following shall apply to the first appointments made under these Rules:

2.5.1  The Chair, one member with a legal background and one other member of the Ethics Commission shall be appointed for a term of four years.

2.5.2  The Deputy Chair, one member with a legal background and one other member of the Ethics Commission shall be appointed for a term of two years.

Thereafter, all members of the Ethics Commission may be appointed for a term not exceeding four years. Members of the Ethics Commission may be reappointed for one further consecutive term not exceeding four years.

2.6  Members of the Ethics Commission shall remain at all times completely independent of the CGF and any CGA and CGOC. They shall ensure that the Ethics Commission functions at all times in an independent manner. They shall immediately disclose any circumstances likely to affect their independence with respect to any Proceeding and shall not (subject to Rule 5.3.4) act in respect of that Proceeding unless approved by the Chair.

2.7  Members of the Ethics Commission may only be removed by the Executive Board for just cause.

2.8  The Executive Board shall have the power to fill any vacancy arising from among the members of the Ethics Commission.

2.9  All communications to the Commission shall be addressed to the Chair.

2.10  The Chair will report to the General Assembly at each Annual General Meeting on the non-confidential aspects of the activities of the Ethics Commission in the previous year.

2.11  The Ethics Commission may make proposals to the Executive Board on amendments to the Code and these Rules relevant to its functions.

2.12  The Deputy Chair shall act in place of the Chair whenever the Chair is not able to act for whatever reason.

3               JURISDICTION OF ETHICS COMMISSION

3.1  The Ethics Commission shall have jurisdiction to:

3.1.1  hear and decide any alleged breach of the Code;

3.1.2  impose any sanction permitted under the Code as it deems appropriate.

3.2  The Ethics Commission shall be guided by considerations of fairness. Every Covered Person who is subject to a charge under the Code has:

3.2.1  the right to be informed in a fair and timely manner of the charge against them;

3.2.2  a timely hearing before a fair and impartial hearing panel of the Ethics Commission;

3.2.3  the right to present evidence, including the right to call and question witnesses;

3.2.4  the right to be represented by legal counsel and/or any other representative and an interpreter at their own expense;

3.2.5  the right to a timely and reasoned decision in writing.

4  PROVISIONAL SUSPENSION

4.1  Where a Covered Person has been provisionally suspended by the CGF Ethics Officer under Article 12 of the Code, the Covered Person will have the right, within 14 days of its imposition, to make an application to contest the provisional suspension in a hearing before the Chair, sitting alone.

4.2  At any provisional hearing, the provisional suspension may only be lifted if the Covered Person establishes:

4.2.1  that the charge has no reasonable prospect of being upheld; or

4.2.2  some other facts exist that make it clearly unfair, in all of the circumstances, to impose a provisional suspension prior to a full hearing on the merits of the charge. This ground is to be construed narrowly and applied only in exceptional circumstances. The fact that the provisional suspension will prevent the person from participating in a particular event will not qualify as exceptional circumstances for these purposes.

4.  No right of appeal shall lie against a decision of the Chair on a provisional suspension.

5  REFERRAL TO ETHICS COMMISSION

5.1  Where pursuant to Article 13 of the Code, the CGF Ethics Officer sends a Notice of Charge to a Covered Person, the CGF Ethics Officer shall at the same time refer the charge to the Ethics Commission by sending the Notice of Charge and the complete bundle of evidence to the Ethics Commission.

5.2  Admission of Breach or Failure to Respond

5.2.1  Rule 5.2.2 applies where the Covered Person subject to the charge:

5.2.1.1  responds by admitting the charge, and (if relevant) accedes to the sanction specified in the Notice of Charge; or

5.2.1.2  does not respond to the Notice of Charge in the manner set out in the Notice of Charge by the specified deadline, in which case the Covered Person will be deemed to have admitted the charge, and the sanctions specified (if any) in the Notice of Charge.

5.2.2  No hearing before the Ethics Commission is required and the Chair shall:

5.2.2.1  promptly issue a decision confirming the admission of the breach of the Code and, if relevant, the imposition of the sanction specified in the Notice of Charge;

5.2.2.2  send a copy of the decision to the Covered Person subject to the charge, to their relevant CGA (if applicable) and the CGF;

5.2.2.3  Publicly Disclose the decision confirming a breach of the Code and (if relevant) the imposition of the sanction.

5.3  Request for Hearing

5.3.1       The Covered Person subject to the charge shall explain in summary form the basis for their response to the Notice of Charge where they respond by:

5.3.1.1  admitting the charge, but indicating an intention to dispute and/or seek to mitigate the sanction specified in the Notice of Charge by way of a hearing before the Ethics Commission; or

5.3.1.2  denying the charge and requesting that the charge and, if the charge is upheld, any appropriate sanction be determined at a hearing before the Ethics Commission.

5.3.2  The CGF Ethics Officer shall promptly send a copy of the response to the Ethics Commission.

5.3.3  On receipt of a response under Rule 5.3.2, the Chair shall appoint three members of the Ethics Commission to form a panel to hear and decide the charge set out in the Notice of Charge. The chair of the panel shall have a legal background, and, subject always to consideration of the most efficient and expeditious dispatch of business, the chair of the panel will ordinarily be the Chair or Deputy Chair.

5.3.4  No member of the Ethics Commission may sit on a panel if their impartiality or independence could reasonably be questioned (as determined by the chair of the panel). If the subject of the impartiality or independence relates to the chair of the panel, the Chair or Deputy Chair not on the panel shall make the determination. The determination shall be final.

5.3.5  If a member of a panel is, for whatever reason, unable, unwilling or unfit to hear or continue to hear and decide a Proceeding, the Chair may appoint another member of the Ethics Commission to replace that member or authorise the remaining members of the panel to hear and decide the Proceeding, in which case, if the decision cannot be reached unanimously or by majority, then the chair of the panel shall have a casting vote.

6 CONDUCT OF HEARING 

6.1  The chair of the panel may decide to hold hearings in person, by telephone or video conference, or otherwise, and to determine whether any hearing or any part thereof should be oral or in writing. Hearings will be recorded.

6.2  Unless otherwise ordered by the panel for good cause shown by any party, all hearings will be conducted on a private and confidential basis, attended only by the parties to the proceedings and their representatives, witnesses and experts, as well as the representatives of any third parties permitted to attend in order to participate in and/or to observe the proceedings.

6.3  No formal rules as to admissibility of evidence will apply. Facts may be established by any reliable means.

6.4  The non-attendance of any party and/or their representative at the hearing, after due notice has been given, will not prevent the panel from proceeding with the hearing in their absence, whether or not written submissions have been made by or on behalf of that party.

6.5  Once the parties have completed their respective submissions, the panel will deliberate to make its decision either unanimously or by majority. No member of the panel may abstain.

7  DECISIONS 

7.1  The Ethics Commission will announce its decision on a charge to the parties in a written, reasoned decision, dated and signed by at least the chair of the panel, as soon as reasonably practicable and ordinarily no later than 30 days after the conclusion of the hearing. The Ethics Commission may, if it considers it appropriate, announce its decision in advance of the reasons for it.

7.2  A copy of the decision shall be sent to the relevant CGA (if applicable) and the CGF; the decision shall thereafter be Publicly Disclosed no later than 21 days after its issue.

7.3  Decisions of the Ethics Commission may not be challenged or appealed except in accordance with these Rules. All parties waive irrevocably any right to any other form of appeal, review, or recourse by or in any court or judicial authority, insofar as such waiver may validly be made.

8  APPEALS

8.1 A decision by the Ethics Commission, except a decision relating to a provisional suspension given by the Chair under Rule 4, may be appealed to CAS by a party to the Proceeding in accordance with this Rule 8.

8.2  The deadline for filing an appeal to CAS will be 21 days from the date of receipt of the written decision in question by the appealing party. The CAS Code of Sports- related Arbitration will apply to the appeal.

8.3  In any such appeal, the CGF will be the appellant or the respondent to an appeal by the Covered Person. The decision as to whether the CGF should appeal a decision of the Ethics Commission to CAS shall be taken by the CGF Ethics Officer subject to the prior approval of the Executive Board.

8.4  The decision being appealed will remain in full force and effect pending determination of the appeal unless CAS orders otherwise.

8.5  The governing law of the appeal will be English law and the language of the proceedings will be English.

8.6            CAS will resolve the appeal definitively and the decision will be final and binding on all parties.

9               RECOGNITION OF DECISIONS 

9.1            All decisions of the Ethics Commission will be applicable throughout the Commonwealth and will be recognised and respected by the CGF, CGAs, CGOC and all other parties automatically upon receipt of notice of the same, without the need for any further formality.

10            STATUTE OF LIMITATIONS 

10.1         There is no statute of limitations to the commencement of a Proceeding