International
Water Ski Federation
Bye-laws
INDEX
1. INTRODUCTION
2. NAME
3. AIMS AND PURPOSES
4. HEADQUARTERS
5. EMBLEM
6. MEMBERSHIP
6.1 Administration
6.2 Duties of
Affiliated Members
7. CONFEDERATIONS
8. PRESIDENT EMERITUS
9. FINANCES
9.1 Financial Resources
9.2. Treasurer
9.2.1 Duties
9.2.2 Powers
10. CONGRESS
10.1 Powers of the Congress
10.2 Resolutions
11. DIVISIONAL COUNCILS
11.1 Duties and
proceedings
11.2 Composition and
Voting
11.3 Frequency of
Meetings
11.4 Election of
Chairman
11.5 Election of EB
Representative
12. COMMITTEES
12.1 Set up of
Committees
12.2 Composition
13. COMMISSIONS
13.1 Athletes Commission
13.2 Special Commissions
14. OFFICIAL COMPETITONS
14.1 Descriptions
14.2 Rights
14.3 Restriction
14.4 Calendar
14.5 Entry Fees
15. CATEGORIES OF EVENTS
15.1 Multi-Sport Games
15.2 Titled events
15.2.1 Bidding
for titled events
15.2.2 Precedence
15.2.3 Rules of
Eligibility for competitors
15.2.4 Rules of
Eligibility for Officials
15.2.5 Late
Entries for titled events
15.2.6 Medals
and Titles
15.2.7 Prize-giving
ceremony
15.2.8 Dress at
award ceremonies
15.2.9 Selection
process for the chief officials
15.2.10 Restrictions
for selection
16. INSURANCE
16.1 Personal Insurance
- Competitors
16.2 Personal insurance
- Officials
16.3 Public Liability
Insurance
17. OBLIGATIONS OF COMPETITORS
18. OBLIGATIONS OF OFFICIALS
19. DISCIPLINE
19.1 Infringements
19.2 Disciplinary action
20. SANCTIONS
20.1 Appeals
20.2 Appeals Committee
21. ARBITRATION
21.1 Purpose and scope
21.2 Parties concerned
21.3 Compulsory
arbitration
21.4 Initiation of
arbitration
21.5 Method of
arbitration
22. AWARDS AND RECOGNITION OF SERVICES
22.1 Divisional skier / rider of the Year
22.2 IWSF Athlete of the Year
22.3 Order of Merit
1.
INTRODUCTION
The Bye-laws are supplementary to the Articles of the
Association. The Letter of Agreement and Obligations for Titled Events, the
Rules of Eligibility, Technical Rules of each Division and the Anti-Doping
Policy are extensions of these Bye-laws.
Bye-laws shall be drawn up by the Executive Board.
They shall contain administrative and technical rules together with directives
necessary or convenient for the management of IWSF affairs and competitions
within the scope of these Bye-laws.
Bye-laws shall be effective as soon as they have been
communicated in writing by registered mail to affiliated Federations. Bye-laws
and modifications thereto must he submitted to the next Congress for
ratification.
2. NAME
The International Water Ski Federation was founded in
Geneva, Switzerland on 27 July 1946 under the name of the International Water
Ski Union. On 12 August 1955 the name was changed to World Water Ski Union. The
current name of International Water Ski Federation was adopted on 1st
January 1989.
The official abbreviation of the Name in any language
is IWSF.
3. AIMS AND
PURPOSES
To promote and support the development of water skiing
all over the world without discrimination or distinction for race, colour,
religion or political persuasion
The purposes include:
-- enabling mutual recognition of Member
Federations in their dealings with each other by establishing friendly
co-operation between member Federations.
-- upholding the Laws of water skiing as adopted
and amended from time to time.
-- achieving uniform interpretation of the Laws
& Rules of water skiing and of control of competitions by developing and
communicating recommendations to officials;
-- printing and publishing from time to time the
official and definitive text of the Laws of the IWSF and the Technical Rules of
the Divisions.
-- encouraging the observance of the rules of
water skiing in competitions and of the Technical Rules of the Divisions in all
international competitions.
-- encourage the organisation of international
competitions open to all athletes of the affiliated national federations, and
to ensure that all international competitions are governed by the IWSF
Technical Rules of the Divisions.
-- employing the funds of the Federation in such
manner as deemed expedient in the interests of water skiing.
-- making regulations for World Titled Events
and other international competitions and publishing these as the Technical
Rules for each discipline of the Sport.
-- establishing lists of duties and obligations
for events containing the word “World” in their title.
-- drawing up and establishing rules for the
ratification of world records and ratify records in accordance therewith.
-- appointing judges and officials for World
Titled Events.
-- preparing and distributing relevant
information concerning water skiing to Members and internationally appointed
Council, Committee and Commission Members and Officials.
-- representing and promoting water skiing in
general and water skiing interests of affiliated Federations in particular,
with the IOC, international organisations and institutions.
-- encourage the formation of national
federations in countries where Water skiing is not developed.
-- establish international championships under
the titles of IWSF World Water Ski Championships, IWSF World Cup, Continental
Championships and to take part in the organisation of events of the Olympic
cycle and the Olympic Games.
-- establish measures of development aid.
4.
HEADQUARTERS
The Headquarters of the IWSF shall be in the country
of residence of the President, unless the General Assembly shall decide
otherwise.
5. EMBLEM
The IWSF uses the following emblems:
The IWSF reserves all rights for the use and the
disposal of its emblems.
6. MEMBERSHIP
6.1 ADMINISTRATION
The Executive Board is
empowered to deal with the membership of the IWSF during the period from one
World Congress to the other.
This concerns especially:
- Provisional affiliation
of new Federations to the IWSF and the Confederations
- Suspension of member
Federations due to non fulfilment of statutory, administrative or financial
obligations
Such decision must be made
by a 2/3 majority of the EB members.
6.2 DUTIES
OF AFFILIATED MEMBERS
a) Athletes, Officials and Clubs of Affiliated
Federations shall recognise the authority of the IWSF and respect its Statutes,
Bye-laws and decisions.
b) The admission of a Federation to affiliated
membership constitutes its formal agreement to respect the Statutes, Bye-laws
and Technical Rules; to conform to decisions of the IWSF and its
Confederations; and to pay subscriptions and fines which may be imposed with
the authority of the IWSF or its Confederations.
c) All affiliated Federations and their members
shall recognise the Court of Arbitration for Sport in Lausanne as the only
external body for jurisdiction.
National Federations are obliged to impose
the said recognition on their athletes and members in all areas subject to the
authority of the IWSF.
d) All member shall adhere to the IOC
requirements on doping, and co-operate fully with the IWSF in its measures to
detect or penalise infringements of those requirements.
7.
CONFEDERATIONS
Each Confederation shall
independently regulate their administrative structure and internal proceedings
in complying with the Rules and Regulations of the IWSF.
8.
PRESIDENT EMERITUS
a) the
President Emeritus shall be invited to all EB meetings and the Congress. He
shall have the same privileges as the other EB members except with no vote.
b) The President Emeritus shall be
directed from time to time by the Bureau to represent the IWSF.
9. FINANCES
9.1
Financial Resources
The
financial resources of the IWSF include:
a) annual subscriptions from Affiliated
Federations and/or Confederations
b) sanction fees for World Titled Events.
c) television rights, commercial rights,
intellectual rights and other surpluses from water skiing events organised by
or under the auspices of the IWSF.
d) other membership fees.
e) IOC, Government or other public or private
subsidies, donations and legacies.
f) investment income.
g) various contributions depending on
circumstances and needs.
9.2
Treasurer
9.2.1
Duties
These
include:
-- to maintain the accounting records of the
IWSF; issue invoices and collect debts due to the IWSF and arrange for the
payment of its liabilities.
-- to prepare the annual accounts and submit
them for examination.
-- to circulate the examined accounts to Members
of the Executive Board and Member Federations together with a Treasurer's report.
-- to prepare arid submit annual budgets for the
ensuing two years to the Executive Board and Member Federations in a Congress
year.
-- to assist with negotiations for and the
awarding of World Titled Events other than those approved at World Congress and
to receive copies of all signed Letters of Agreement and Indemnities.
-- to invoice and collect monies due in
accordance with agreements signed for World Titled Events to advise an other
forms of income which the IWSF may from time to time levy or raise.
-- to obtain advice on investments and make
recommendations to the Executive Board and Bureau who shall always consider the
safety of investments as paramount.
-- to obtain Executive Board or Bureau approval
for any bank overdraft facilities or any other borrowings.
-- to keep the IWSF finances under continuous
review and make recommendations to the Executive Board or Bureau for material
variations to approved budgets.
9.2.2
Powers
These
include:
-- to have the Treasurer's recommendations on
financial decisions recorded in the minutes.
-- to be an authorised signatory to all IWSF
bank accounts with the right to request information direct from banks and
financial institutions.
-- to require Council and Committee chairmen to
provide proposals for their budgets for a two year period and to incorporate
the Treasurer's recommendations an such budgets into the overall IWSF budget.
-- to recommend to the Bureau and/or Executive
Board penalties to be introduced as Bye-Laws for the late payment of debts.
-- to levy such penalties as approved
-- to request and receive details of accounts of
the Confederations, Councils and Committees.
10.
CONGRESS
10.1 Powers
of the Congress
Congress is the supreme governing body within the
IWSF. Its functions shall include, but not be limited to:
a) determining the principle lines of conduct
regarding policy in general and the functioning of the Executive Board, Bureau
and Councils.
b) receiving reports on the activities of the
IWSF and its financial statements.
c) receiving the report of the Executive
Director.
d) receiving reports on decisions taken by the
Executive Board and by the Bureau.
e) receiving reports on bids for World Titled
Events and decide if necessary.
f) modifying the Memorandum and Articles of
Association.
g) receiving from the Executive Board for
ratification modifications to the Bye-laws and the List of Obligations for
World Titled Events.
f) deciding an other matters on the Agenda.
10.2
Resolutions
A resolution is an expression of intention or
agreement or decision by the members of a company. In relation to companies incorporated under English law,
resolutions and the procedures by which they are adopted are regulated by
statutory provisions found in the Companies Act 1985. Failure to comply with such regulations would potentially render
a resolution that was purportedly adopted, void or voidable. The formal resolutions recognised under
English law are:
10.2.1 Ordinary Resolution
An ordinary resolution is not defined by the Companies
Act 1985 (the “Act”) but
is the resolution used for all matters not requiring another type of resolution
under the Act or the company’s articles of association (the “Articles”). An ordinary resolution may be adopted by way
of a simple majority at a general meeting of a company, i.e., more than
50% of the members who are entitled to attend and vote do so in favour of the
resolution. Other than in relation to the Annual General Meeting (“AGM”) of the Company or any other
general meeting convened for the adoption of a special resolution (see below),
not less than fourteen (14) days’ advance written notice to all members is
required to convene an Extraordinary General Meeting (“EGM”)
of the Company where only ordinary resolutions are
tabled. Subject to compliance with
certain provisions of the Act, shorter or, in certain instances, longer notice
may be given to convene such EGM.
10.2.2 Special Resolution
A special resolution is one which has been adopted by
a majority of not less than 75% of members who are entitled to attend and vote,
and who do so at a general meeting of which not less than twenty-one (21) days’
advance written notice has been given.
Special resolutions are required for important matters
such as alterations to the memorandum and articles of association and change of
the company’s name. Subject to compliance with certain provisions of the Act,
the notice period for the calling of a general meeting at which a special
resolution is tabled or required may be shortened.
A copy of a special resolution must be filed with the
Registrar of Companies within fifteen (15) days of it being passed.
10.2.3 Extraordinary Resolution
An extraordinary resolution is one which has been
passed by such majority as is required for a special resolution, i.e.,
not less than 75% of members who are entitled to attend and vote. Where only extraordinary resolutions are to
be proposed at a general meeting (other than the AGM) of the company, not less
than Twenty one (21) days advance written notice to all members is required to
convene such general meeting.
Extraordinary resolutions are required for certain
matters relating to winding-up of the company and the modification of class
rights.
A copy of an extraordinary resolution must be filed
with the Registrar of Companies within fifteen (15) days of it being passed.
10.2.4 Elective Resolution
Despite any contrary provision in the Articles, a
company may adopt a resolution in general meeting for any of the following
purposes:
Election as to dispense with laying of accounts and reports before the
members at general meeting;
a)
Election to dispense with holding of an AGM;
b)
Election to dispense with annual appointment of auditors.
Such a resolution is known as an elective resolution,
and must be adopted by all members entitled to attend and vote at a
general meeting convened by not less than twenty-one (21) days’ advance written
notice stating that the elective resolution is to be proposed and stating the
terms of the resolution. Subject to
compliance with certain provisions under the Act, the notice period may be
shortened. A copy of an elective resolution must be filed with the Registrar of
Companies within fifteen (15) days of it being passed.
10.2.5 Written Resolution
Anything which a company can do by resolution (whether
ordinary, special, extraordinary or elective) of the members in general meeting
can be done without a meeting and advance written notice having been given by
way of a resolution in writing. Such
resolutions are known as written resolutions and each must be signed by, or on
behalf of, all members who, at the ‘date of the resolution’, would be entitled
to attend and vote at the general meeting that would have been convened to
adopt such resolution if not for the written resolution.
The ‘date of resolution’ means the date on which the
resolution is signed by, or on behalf of, the last member to sign. All signatures need not be on the same
document provided each copy accurately states the terms of the resolution.
11. DIVISIONAL COUNCILS
Water
skiing has the following Divisional Councils:
-- Barefoot
-- Cable
-- Disabled
-- Racing
-- Tournament
-- Wakeboard
11.1
Duties and proceedings
Each Divisional Council
shall be responsible for preparing and proposing promotion and development
plans for its division and shall have, at a minimum, the following duties:
-- to establish Technical Rules for World Titled
Events and Homologated events.
-- to establish practical and theoretical
examinations of international judges and officials.
-- to examine and approve the site, the
installations and equipment as appropriate for World Titled Events.
-- to set the conditions to be observed for the
establishment and the homologation of records.
-- to maintain Standings and Rankings Lists of
athletes in the IWSF according to their verified performances in homologated
competitions.
-- to circulate minutes of the Council meetings
without undue delay.
-- to report to the Executive Board and refer
any matters as appropriate to the Executive Board for guidance.
Each Council Chairman may
delegate roles and duties to their Council member as is necessary to share the
work load. If any Council member does not fulfil their duties to the
satisfaction of the Council, the Council chairman can request the Confederation
President to consider the removal of the member from the Council and the
appointment of a replacement.
Each Council may make their own policies and procedures on how they want
to conduct their business. However, Byelaws 11.2, 11.3, 11.4 and 11.5 shall
apply to every Council.
11.2 Composition &Voting
Each Continental Confederation shall have three voting members on a Council.
The IWSF Athletes Commission shall appoint one member to each Council unless at
least one elite athlete as defined by the AC policies and procedures is already
among the nine voting members.
Councils have the authority
to appoint one other voting member if they feel it necessary for the work of
the council.
This will give a maximum of eleven (11) voting members.
There shall be no proxy voting.
Except where stated otherwise in the divisional Technical Rules all voting
shall be determined by simple majority.
Each Continental Confederation shall also elect an Alternate member.
The Athletes Commission shall also appoint an Alternate member unless at least
two elite athlete as defined by the AC policies and procedures are already
among the nine voting members..
Alternate members may attend meetings and shall have voice but no vote unless
replacing an absent member.
A Council Chairman may invite such individuals with voice and no vote to attend
all or part of a meeting as may be necessary to fulfil the functions of the
Council.
11.3 Frequency of
Meetings
The Council shall meet biennially at the Divisional World
Championships.
It is however recommended that the Council schedule a second meeting in
the off year either in person, via teleconference, video conference or similar
electronic medium.
11.4 Election of
Chairman
The Chairman shall be elected from among and by the members of the
Council every two years to coincide with the meeting at the Divisional World
Championships.
Any vacancy in the role of Chairman at any time will be filled by a
further election and will be valid until the next election meeting.
It is recommended but not mandated that the Chairman of a World Council
should not also be the Chairman of a Continental Confederation Council.
11.5 Election of
EB Representative
The EB Representative shall be elected from among and by the members of
the Council every two years to coincide with the meeting at the Divisional
World Championships.
It is recommended that the Council Chair be the EB representative.
Any vacancy in the role of EB Representative will be filled by a further
election and will be valid until the next election meeting.
12. COMMITTEES
12.1 Set up
of Committees
The Executive Board and the Bureau may establish
Committees charged with the study of precisely defined matters on which they
shall report their findings with proposals for measures to be taken or with
specific duties.
At
present the special committees are:
-- Development
-- Environment
-- Hall of Fame
-- Marketing & Media
-- Medical and Safety
-- Mediterranean Games
-- Women and Sport
-- World Cup Management
-- Water Ski World Cup
-- Wakeboard World Cup
12.2
Composition
The Chairman shall be appointed by the Executive
Board. The committee shall include at least one person from each Confederation
with a minimum of 4 and a maximum of 6 persons. The EB may appoint one of their
members to sit on the committee.
13.
Commissions
13.1 Athletes Commission
The Athletes Commission
will consist of 8 athletes, 3 from the Tournament division (1 per
Confederation), 1 each from the Barefoot, Cable Ski, Disabled, Racing and
Wakeboard disciplines.
The Athletes Commission
shall appoint from amongst its members 2 representatives preferably from
different disciplines and different genders to the Executive Board.
The Athletes Commission
shall appoint 1 representative for each Divisional Council. They shall be
voting members.
13.1.2
Definition of the Athlete
Athletes who are members of Affiliated Members of the
IWSF and who satisfy at least one of the following criteria, are qualified to
be members of and vote for the Athletes Commission:
-- Athletes who are actively engaged in IWSF
sanctioned competition and competing at a level of proficiency for selection to
a national Water ski team.
-- Athletes who have been competing as a member
of an National team in a World Titled Event or other major international
competition within the ten years preceding appointment to the Commission, which
is consistent with the IOC Athletes’ Commission definition of an Athlete
Representative.
Such international competitions shall include:
Confederation Championships, World Games and Region Games.
13.2 Special
Commissions
Special commissions are set up like the Councils, but
will have no Council status. They are working under the responsibility of the
Executive Board or a specific Council and are charged to govern a discipline or
a specific category of events.
At
present the special commissions are:
-- World University Water Ski
-- Cable Wakeboard
14. OFFICIAL COMPETITONS
14.1 Descriptions
The following words may not be used in the title of a competition
without the authority of the Executive Board or Bureau:
·
“World” or related/similar terminology in any language
·
“Intercontinental” or related/similar terminology in any language
·
“Championships” applied to competitions other than those involving
only members of the same Federation or Continental Confederation.
The organisers of all
competitions containing the words "World" or “Intercontinental” in their title are bound by the provisions in
the Letter of Agreement and Obligations which form an addendum to these
Bye-laws.
No affiliated member
Federation or Confederation may promote or support any event containing the
words "World" or
“Intercontinental” in its title unless it has received approval from the
Executive Board or Bureau.
14.2 Rights
The rights to all
competitions described in art. 14.1 containing the words "World" or “Intercontinental” on their title belong to IWSF. The Bureau
is empowered to negotiate such contracts and sign the Letter of Agreement and
Obligations together with the appropriate Council Chairman on behalf of the
IWSF.
14.3
Restriction
No other Water ski competition shall be allowed to
take place on the same site in conjunction with a World Titled Event without
prior approval of the relevant council and the Executive Board.
14.4
Calendar
A Calendar for World Titled Events for the next two
years shall be finalised 14 days after a Congress.
No event shall be approved for the Calendar unless the
organiser has returned the signed Letter of Agreement and Obligations and
Indemnity to the President of the IWSF and provided the required guarantee.
14.5 Entry
Fees
No entry fees shall be payable for events subject to
the Letter of Agreement and Obligations, unless specified at the time the bid
is approved.
15.
CATEGORIES OF EVENTS
15.1
Multi-Sport Games
The participation of Water Skiing at World or any
other Regional Multi-Sport Games shall take place under the authority of the
IWSF or the appropriate Confederation.
15.2 Titled
events
A titled event is one for which the Letter of
Agreement and Obligations forms a contract between the host Federation and
IWSF.
15.2.1
Bidding for titled events
Federations may bid for such events up to six years in
advance of the date proposed for the event. Bids must be in writing, submitted
to the President with copies to the Secretary General and the Chairman of the
Council concerned. To be considered at an Annual Congress full bids with the
required guarantee should arrive at least 30 days beforehand.
Bids
shall be in writing and should be supported by the following:
-- Confirmation
that the List of Obligations will be fully honoured
-- Proposed
site with maps and pictures if possible
-- Dates of
training and competition
-- Accommodation
and costs
-- Name of
proposed sponsor if known
-- Visa
requirements
-- Any proposed entry fee and charge for tickets
to the final dinner including the currency in which it will be payable.
-- Currency used for hotel and other expenses
and which credit cards will be accepted for such payments.
Bids for events
within 3 years shall be submitted in writing to the same persons with the same
information's as above for approval by the Executive Board.
Once a bid has been accepted no exceptions to the List
of Obligations will be permitted unless approved by the Executive Board or
Bureau.
Any contract entered into by the organiser before the
Letter of Agreement and Obligations has been signed and returned shall be at
the organisers own risk.
15.2.2
Precedence
The order of
precedence of the Executive Board members at events organised under the
auspices of IWSF is:
-- The President
-- The Secretary General
-- The IWSF Vice-Presidents and the Treasurer
-- The Chairman of the Council concerned
-- The President of the Host Confederation
-- The Presidents of the other Confederations
-- The members of the Executive Board
15.2.3
Rules of Eligibility for Competitors and Officials
Rules of Eligibility for competitors and officials
shall be determined by each Divisional Council, for Bureau approval.
15.2.4 Late
Entries for titled events
Unless otherwise specified in the Technical Rules of a
Division, the following will apply:
A late entry fee of 10.-- Swiss Francs per day per
athlete shall be levied on each entry not received 10 days before the first
official day of familiarisation or the first day of competition if there is no
familiarisation.
Late entries will only be accepted with the consent of
the Organiser and Chief Judge.
15.2.5
Medals and Titles
The distribution of the IWSF medals (gold, silver,
bronze) at World Titled Events shall be determined by each Divisional Council
but subject to approval by the Executive Board.
Each Divisional Council
shall decide whether a World Championships or a World Trophy (no titles) shall
be held. Such decision shall be stated by the Council before the bid is made.
Once a Championships has been held it cannot revert to a Trophy.
15.2.6
Prize-giving ceremony
Medal ceremonies
for each of the Events will take place at the site of the respective Event. The
President (or his duly appointed representative as the case may be) shall
decide who shall present the medals for the Events. Medals may be presented by the President himself, the appropriate
Council Chairman or by members of the Executive Board. The President (or his duly appointed
representative as the case may be) may select other persons as presenters.
The Organiser
undertakes skiers will follow for the ceremony the guidelines on clothing
extracted from the Bye-laws of the IOC and attached to this Schedule.
The Organiser shall
procure that:
-- skiers are dressed in their official team
uniform.
-- the winner will be in the centre of the
podium with second on the left and third on the right (when facing the podium).
-- skiers will be called to the podium and
presentation made in the order - third, second, first.
-- after the three medals have been awarded a
short version of the anthem of the winner’s nation will be played and during
the playing of the anthem the flags of the medal winners’ nations will be
raised.
15.2.7
Dress for Officials
Officials shall wear at the
World Championships the appropriate cloths as determined by each Divisional
Council, for Bureau approval.
15.2.8
Dress at award ceremonies
It is the responsibility of each National Federation
to ensure its medal winners wear the appropriate team uniform. Personal
sponsorship on clothing shall not be permitted.
15.2.9
Selection process for the chief officials
For the Open, Junior and Senior World Championships
the President of the IWSF shall appoint the Chief Judge, Assistant Chief Judge,
Homologator and Chief Scorer no later than six months before the announced
first day of the event.
The officials shall be appointed through the following
procedures:
15.2.9.1
Tournament
One nomination for each position shall be submitted by
each Confederation Tournament Council no later than 8 months before the
announced first day of the championship. Nominations shall be accompanied by
resumes outlining the expertise and experience of each nominee. The President
of the IWSF shall select and appoint one of the three nominations.
The President of the IWSF shall formally notify in
writing all the above appointed officials personally with copies to the
federation of the official and the relevant Divisional World Council or
Commission Chairman.
15.2.9.2
Barefoot, Cable, Cable Wakeboard, Disabled Racing and Wakeboard
The relevant World Council or Commission shall submit
one nomination for each of the positions of Chief Judge, Assistant Chief Judge,
Scorer(s) and Homologator (Scrutineer for Racing). Such nominations shall be
submitted to the President of the IWSF no later than eight months before the
announced first day of the championship. Each nomination shall be accompanied
by a resume outlining the expertise and experience of each nominee. The
President of the IWSF shall accept and ratify these nominations unless he has
just cause for not doing so. If the President rejects the proposed nomination
he will notify his decision to the relevant Divisional Council or Commission
Chairman who shall submit a new nomination.
The President of the IWSF shall formally notify in
writing all the above appointed officials personally with copies to the
federation of the official and the relevant Divisional World Council or
Commission Chairman.
For all other World Titled Events the officials as per
art. 15.2.9 shall be appointed by the relevant Divisional Council or Commission
no later than six months before the announced first day of the championship.
If any of the appointments as per art. 13.2.9 are not
made in due time or in case of the non availability of any appointed person
within the six months prior to the World Championship the President of the IWSF
shall make the appointment after consulting with the relevant Divisional
Council or Commission Chairman.
In order to assure publication of these rules, each
Divisional Council shall add the parts of the above rules applying to their
division to their Technical Rules.
15.2.10
Restrictions for selection
No person shall be eligible for selection for the same
official position in successive events with the same World Title. No person
shall be eligible for selection in any official capacity for three successive
events with the same World title. Upon recommendation of the relevant Council,
dispensation may be granted by the IWSF President.
15.2.11 Eligibility of
transgender/transsexual/sexual reassigned athletes
The IWSF adheres to current International Olympic Committee
criteria for eligibility for transgender/transsexual/sexual reassigned athletic
participation in IWSF sanctioned events. All relevant decisions will be made by
the IWSF Medical Committee according to such criteria and will be final."
16.
INSURANCE
16.1
Personal Insurance - Competitors
It is the responsibility of each Federation when
entering competitors for a World Titled Event to ensure that its competitors
are adequately insured for personal accident, permanent disabilities, death and
medical expenses.
16.2
Personal insurance - Officials
The IWSF shall insure the Executive Board, Executive
Director and Council members, for competitions and meetings which they attend
and all Officials whom it appoints to events covered by the Letter of Agreement
and Obligations. The insurance cover shall be:
Death: 500,000.--
Swiss Francs
Permanent
Disability: 500,000.-- Swiss
Francs
Cover will be effective from the commencement of their
travel to the competition or meeting and continue until the safe conclusion of
their travel after the event or meeting to their home, place of work or next
place of stay, whichever is reached first.
16.3 Public
Liability Insurance
It is the responsibility of each member Federation of
IWSF to have valid insurance cover for Public Liability of a minimum of 2
Million Swiss Francs for any and all accidents, physical or material, caused to
third parties by the organisers, their helpers, assistants or other persons
taking part in the event. This shall also apply to the material and
installations used in the competition, during the training, competition and at
any time during the event. This shall apply to all events, races or
competitions.
17.
OBLIGATIONS OF COMPETITORS
Competitors competing in competitions shall at all
times comply with the Rules governing competitions.
In the case of an infraction sanctions varying from a
written warning to temporary or permanent exclusion from IWSF activities may be
applied by the appropriate authority (see art. 19.2). The Appeals procedure
shall be as art. 20.1.
Competitors participating in any titled event under
the authority of IWSF or any other competition covered by these Bye-laws accept
them without restriction.
18.
OBLIGATIONS OF OFFICIALS
Officials, whether or not appointed to an event, shall
act in a proper manner in keeping with their responsibilities and positions.
At
all times they shall:
-- Act impartially, completely disregarding
nationality.
-- Be in possession of and follow scrupulously
and conscientiously all rules and regulations published by the IWSF.
-- Comply with the decisions of the Chief Judge
and/or the Jury.
-- Make no personal comments, either in private
or in public, on matters which are or have been the subject of discussion
within the Jury.
-- Uphold the authority and dignity of the IWSF.
-- Attend all events to which they are appointed
unless having given prior reasonable notice to the organisers.
In the case of an infraction sanctions varying from a
written warning to temporary or permanent exclusion from IWSF activities may be
applied by the appropriate authority (see art. 20.2). Appeals procedure shall
be as art. 20.1.
19.
DISCIPLINE
No athlete, official, athletes family or
representative shall transgress the generally accepted norms of ethical
sporting behaviour.
Federations or athletes may be held responsible for
the actions of an athlete’s family or representative.
The appointed team officials are responsible for the
behaviour on and off the water of their athletes from the time of arrival to
the time of departure from the competition.
19.1
Infringements
Such
transgressions include, but are not limited to the following:
-- Violence or injury to others
-- Theft
-- Vandalism
-- Insulting or offensive words or behaviour
-- Abuse of equipment
-- Substance abuse
19.2
Disciplinary action
In the case of failure to observe the rules National
Federations have responsibility in case of non observation of these rules to apply
sanctions where within their jurisdiction. They shall inform IWSF, the
Confederations and all other Federations of the action taken. Other Federations
so notified shall, where applicable, enforce the sanction.
Otherwise, failure to comply with these rules shall be
subject to a disciplinary action varying from a written reprimand to temporary
or permanent exclusion from IWSF activities.
The
disciplinary action may be taken by
-- the Bureau
-- the Executive Board
-- the Divisional Council
-- the Chief Judge and/or the Jury
Action taken by the Chief Judge and/or Jury shall have
effect at the time and place of the competition at which the infraction occurs
and shall be limited to that competition.
A report of the complaint and the action taken shall
be made to the World Divisional Council and to the Federation of the person
concerned within 14 days.
An infraction calling for action beyond that
applicable to a competition shall be reported to the Bureau by the Chief Judge,
the Organiser and the World Divisional Chairman within 7 days of the
occurrence, accompanied by depositions from Officials concerned and/or witness
to the infraction. The Bureau shall afford the parties concerned an opportunity
to state their case which may include depositions from witnesses and other
evidence.
Action taken by the Bureau shall be notified to the
offender, their Federation and the World Divisional Council as soon as
possible.
In the case of a more serious offence, the Bureau
shall refer the matter to the Executive Board for action. The Executive Board
shall investigate the matter and decide by postal/fax exchange or at a meeting,
the action to be taken.
The Secretary General shall notify the offender, their
Confederation, Federation and the World Divisional Council as soon as action is
decided upon.
Action decided upon by the Bureau or the Executive
Board shall be suspended if the Federation concerned takes action which, in the
opinion of the Bureau or the Executive Board is appropriate and sufficient.
Such action taken by a Federation must be notified to the Bureau within 30 days
of the infraction, or when the action to be taken by the Bureau or the
Executive Board is to come into effect, whichever is the sooner.
20.
SANCTIONS
For contravention of
any Article or Bye-laws the Executive Board may apply such sanctions as it
deems appropriate including
-- imposition of a fine.
-- removal of the whole or part of the
Federation's voting power at the Congress.
-- suspension for a period of time or from a
specified competition or competitions of the Federation's Team or competitors.
20.1
Appeals
In case of a sanction taken other than at a
competition the person concerned may have recourse to the Appeals Committee
(see art. 20.2)
Appeals against decisions to be valid shall be sent to
the President of IWSF, Secretary General, the Confederation, National
Federation and the Council chairman concerned within 15 days of the receipt of
the decision being contested.
20.2
Appeals Committee
The Executive Board shall select an Appeals Committee
of 5 persons for a 2 year term. They shall not be members of the Executive
Board or a Divisional Council.
In case of a vacancy occurring the remaining members
of the Appeals Committee will appoint a person to fill that vacancy until the
next Congress.
A member of the Appeals Committee personally involved
in a dispute shall be replaced for the duration of the hearing. The remaining
members of the Appeals Committee will appoint a person to fill the temporary
vacancy.
Decisions of the Appeals Committee are subject only to
further appeal to the Court of Arbitration of Sport.
21.
ARBITRATION
21.1
Purpose and scope
The overall aim of these article is to avoid
unnecessary conflicts within our sport by means of an agreed procedure for
unforeseen disputes in areas not covered by existing rules. The points below
shall not overrule, overlap or interfere with Statutes, Bye-laws, competition
rules, or disciplinary measures described elsewhere in documents adopted by the
Congress.
The article shall
apply to, and settle, all issues or disputes extending across the boundaries
between any and all of the parties mentioned in art. 21.2 including:
-- financial claims
-- alleged violations of Statutes, Bye-laws and
other official rules adopted by the IWSF
-- disputes over the interpretation of same
-- disputes over alleged unfair or
unsportsmanlike conduct
-- other administrative or organisational
disputes.
-- bringing the sport into disrepute.
The
article shall not apply to:
-- disputes over competition and disciplinary
rules, or other subjects where full authority resides with the IWSF
-- disputes within any single country
-- issues that are unrelated to the sport of
water skiing
-- issues involving civil or criminal offences
under the jurisdiction of any member country.
21.2
Parties concerned
Committed by the rules will be the IWSF, its Bureau,
Executive Board, Councils, Committees, Confederations, Affiliated Members,
Athletes and clubs of Affiliated Members and officials.
Also committed will be outside organisers of an
international competition, whether commercial or not and it will be the
responsibility of the relevant Federation to see that this requirement is
observed.
21.3
Compulsory arbitration
If a claim or a dispute cannot be resolved by mutual
agreement within 12 months of its origin, either party is entitled to demand a
settlement by arbitration. The demand for arbitration shall be made by
registered letter to the President and Secretary General of the IWSF, with a
copy to the other party or parties.
21.4
Initiation of arbitration
Arbitration may be initiated upon expiration of the
said 12 months by any of the parties or by the IWSF President with a copy to
both parties involved.
In case of urgency, arbitration may be initiated prior
to the expiry of 12 months, provided the IWSF President gives his consent in
writing.
21.5 Method
of arbitration
Disputes which cannot be settled by agreement between
the parties shall be referred to the Court of Arbitration for Sport as a final
authority. The decision of the Court shall be final and binding on all parties.
22. AWARDS
& RECOGNITION OF SERVICES
22.1 Divisional skier / rider of the Year
At the end of each season each Divisional Council of
the IWSF will be asked to choose their Male and Female skiers/riders of the
year. In choosing their skier/rider of
the year each Council should ensure the award is based on athletic achievement
in the current year. The results of
each skier/rider should be considered in an unbiased manner.
Once chosen these skiers or riders will be announced
as:
Barefoot Barefooters of the Year
Cableski Cable Skiers of the Year
Disabled Disabled Skiers of the Year
Racing Ski
Racers of the Year
Tournament Skiers of the Year
Wakeboard Boat Riders of the Year
Wakeboard Cable Cable Riders of the Year
22.2 IWSF Athlete of the Year
At the end of each season the skiers and riders chosen
under Article 22.1 will be named to the IWSF Executive Board. The EB members will then vote to chose the
Male and Female IWSF Athletes of the Year.
Election process of Athlete of the Year
The Election will be a closed ballot of the
EB members sent only to the Administrative Office for tallying. Each Executive
Board member MUST vote for a first and second choice from the recommended
nominations of the Councils. First choice will be assigned two points and
second choice will be assigned as one point. The nominee with the most votes
will be judged the winner.
The winners will be known by the title IWSF
Athletes of the Year.
22.3 Order of Merit
The International Water Ski
Federation may confer an award named the “Order of Merit” upon any person who,
in any capacity, has rendered particularly outstanding service within the aims
of the IWSF internationally. This award shall be granted by the Executive Board
on behalf of the International Water Ski Federation and shall consist of a
specially created award.
Nominations for
consideration for the Order of Merit may be submitted by any EB member,
Council, Committee or Commission.
These Bye-laws were approved by the Congress at Biella on September 27,
2001 and additional changes were made by the Congress in Roquebrune on September
21, 2002 and the Congress in Howey in the Hills on September 18, 2003.
Further changes were approved by the IWSF Congress in Austria in August
2007.
They are in force with immediate effect.