FSM Swimming Association 
Code of Ethics

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It is the aim of the FSM Swimming Association and the entire FSM Aquatic family to promote the highest possible ethical values within the sport of Aquatics in the FSM. 

In furtherance of this aim, the FSM Swimming Association on _____________________(date) has adopted the following FSMSA Code of Ethics, which lays down the principles of ethical conduct applicable to the FSMSA Family (the Code). 

This Code shall apply to all FSMSA members, FSMSA staff, persons elected or appointed to any position within the organization of FSMSA or Swim Clubs/Associations registered with the FSMSA (collectively referred to herein as “Officials”), and other individuals engaged in FSMSA activities. It shall also apply to consultants and contractually-connected persons/firms representing or serving FSMSA. 

I. FSMSA Ethics Commission

There shall be a FSMSA Ethics Commission, which shall carry out its functions in accordance with this Code.

1. The Ethics Commission shall consist of six members elected by the Board of Directors for a term of four (4) years on a proposal of the Board. The President shall appoint the Chairperson of the Ethics Commission from amongst its members. 

2. A person may not serve on the Ethics Commission if he or she: 

   1. 1. is a member of the Board of Directors, a FSMSA Technical Committee, a FSMSA Specialized Committee or other Judicial Panel, 

      2. cannot speak English, 

      3. has no knowledge of Aquatics as well as FINA, 

      4. is a member of the Board of the state or municipal aquatics organizations. 

3. Members of the Ethics Commission may be elected for a maximum three (3) terms. 

4. If a member of the Ethics Commission should die or resign, a replacement shall be decided by the Board of Directors in compliance with I.B until the next elections of the Ethics Commission. 

5. The Ethics Commission addresses matters which are referred by the Executive. 

6. At least three (3) members of the Ethics Commission (as determined by the Chairperson), shall be appointed as required on a case by case basis, to investigate, hear and determine any matter. 

7. The Ethics Commission shall investigate, hear and determine any alleged violation of the FSMSA Code of Ethics or the FINA Rules on the Prevention of the Manipulation of Competitions (PMC), and to impose sanction(s) as set out in I.I and I.J, referred to it by the Executive. 

8. The Ethics Commission shall act in accordance with the principles of natural justice and shall determine its own procedure. 

9. For any violation of the FSMSA Code of Ethics, the Ethics Commission may impose any or more of the following sanctions: 

   1. 1. a warning or reprimand; 

      2. a suspension for a fixed period of up to four (4) years from holding office or other position held by an Official and/or until a specified set of conditions have been met to the satisfaction of the Ethics Commission; 

      3. a return of any FSMSA award; 

      4. a ban for a fixed period of up to a lifetime from taking part in any Aquatics related activity; 

      5. a recommendation to the Executive of the notification of the matter to the appropriate law enforcement authorities. 

10. For any violation of the PMC, the Ethics Commission may impose, in addition to the sanctions provided for in I.I, the sanctions provided for in the PMC. 

11. The Ethics Commission may propose amendments to any FSMSA Rule relevant to its functions. 

12. The Ethics Commission shall determine the eligibility criteria of the candidates from both state and municipal aquatics organizations for all positions on the Board of Directors, Committees, Judicial Panels, and Honorary positions. Based on the eligibility criteria it determined, the Ethics Commission shall review all the candidatures for all these positions and decide on the eligibility of each candidate. The Ethics Commission shall have completed these checks at least two (2) months prior to the date of the election(s) in question. 

13. Nominations Procedure: 

    1. 1. For all positions, the Executive Director will inform all state and municipal organizations of the final date for submission of nominations; 

       2. Nominations received by the Executive Director should be circulated to the members of the Ethics Commission; 

       3. For all applications, the Ethics Commission then screens each candidate to ensure his or her compliance with the objective eligibility criteria for each position as provided in I.L; 

       4. The Ethics Commission will then make a decision in terms of those candidates who meet the criteria and comment with regard to any candidate who does not meet the criteria. The decisions of the Ethics Commission will be then circulated as provided in I.L. 

II. Ethical Principles in Aquatics 

1. EQUALITY
   1. No discrimination on the basis of gender, race, religion, sexual orientation, gender identity, or political opinion shall be tolerated.

2. DIGNITY
   2. All forms of harassment, be they physical, psychological, professional or sexual, are strictly prohibited.

3. FAIR PLAY
   3. Fair play is the basic guiding principle in the sport of Aquatics.
   
   4. Betting on Aquatics and other corrupt practices relating to the sport of Aquatics by any person being subject to this Code, including improperly influencing the outcomes and results of an event or competition are prohibited.
   
   5. Any person being subject to this Code shall exercise due care and diligence in fulfilling their roles for, or on behalf of the FSMSA, and not disclose information received if such disclosure is made maliciously in order to damage the interests of the FSMSA.
   
   6. No FSMSA staff or board member shall make adverse comments on a policy adopted by the FSMSA board of directors once the FSMSA board decision has been taken. 

4. INTEGRITY
   7. No Official shall, directly or indirectly, solicit, accept or offer any concealed remuneration, commission, benefit or service of any nature connected with their participation in Aquatics or with their function as an Official.
   
   8. No Official shall solicit or accept benefits, entertainment or gifts in exchange for, or as a condition of, the exercise of their duties, or as an inducement for performing an act associated with their duties or responsibilities except that gifts, hospitality or other benefits associated with their official duties and responsibilities may be accepted if such gifts, hospitality or other benefits: 

a) are within the bounds of propriety, a normal expression of courtesy, or within the normal standards of hospitality;
b) would not bring suspicion on the Official’s objectivity and impartiality; and
c) would not compromise the integrity of the FSMSA. 

9. No Official may be involved with any company, association, firm or person whose activity is inconsistent with the objectives or interests of the FSMSA. If it is unclear, whether this kind of a connection exists in any given situation, the matter shall be submitted to the Ethics Commission for a decision. 

1. NEUTRALITY
   10. Officials shall remain politically neutral, in accordance with the principles and objectives of the FSMSA, the confederations, associations, leagues and clubs, and generally act in a manner compatible with their function and integrity. 

2. CONFLICTS OF INTEREST
   11. In discharging their duties to the FSMSA, all Officials shall act for the benefit of the FSMSA when making decisions that affect, or may affect, the FSMSA and to do so without reference to their own personal interests, either financial or otherwise.
   
   12. When performing an activity for the FSMSA or before being elected or appointed, the candidate or Official shall disclose to the Ethics Commission any personal interests that could be linked with their prospective FSMSA activities. The Ethics Commission may draw the attention of the candidate or Official to potential conflicts of interest that it identifies.
   
   13. Officials shall avoid any situation that could lead to conflicts of interest. Potential conflicts of interest arise: 

a) if Officials have, or appear to have, private or personal interests that detract from their ability to perform their duties with integrity in an independent and purposeful manner. Private or personal interests include gaining any possible advantage for the persons bound by this Code themselves, their family, relatives, friends and acquaintances; 

b) if the opinion or decision of an Official, acting alone or within an organization, is influenced by, or may be reasonably considered as liable to be influenced by relations that such Official has, has had or is on the point of having, with another person or organization that would be affected by the person’s opinion or decision; 

c) if an Official is also involved in the executive day to day running of state or municipal clubs or associations of Aquatic sports. 

 

In the following non-exhaustive list of examples, the circumstances in which a conflict of interests could arise are personal and/or material involvement (salary, shareholding, various benefits) with: 

a) suppliers of the party concerned;
b) sponsors, broadcasters, various contracting parties;
c) organizations liable to benefit from the assistance of the party concerned (including subsidy, approval clause or election).

14. Officials shall not perform their duties in matters with an existing or potential conflict of interest. Should a conflict of interest, or the appearance of a conflict of interest, arise, or if there is a danger of such conflict arising, the individual concerned must refrain from taking any further part in the handling of the matter. If it is unclear whether such a conflict of interest exists in any given situation, the matter may be submitted to the Ethics Commission. 

15. If an objection is made concerning an existing or potential conflict of interest of an Official, it shall be reported immediately to the Ethics Commission for appropriate measures. 

16. If an Official neglects to declare a situation of a potential conflict of interest, the FSMSA President or one of the FSMSA Executive board members may refer the matter to the Ethics Commission. 

1. RESOURCES
   17. Any contribution made by sponsors, partners and other supporters of sports events must be consistent with the principles set out in this Code of Ethics. By virtue of their position, they must not be allowed to interfere with the running of the sport of Aquatics. 

2. CONFIDENTIALITY
   18. Officials shall not disclose improperly information entrusted to them in confidence by the FSMSA. The obligation to respect confidentiality survives the termination of any relationship which makes a person subject to this Code. 

III. Implementation and duty of reporting and co-operation

1. Persons bound by this Code shall immediately report any potential violation of this Code to the Ethics Commission. 

2. At the request of the Ethics Commission, persons bound by this Code are obliged to contribute to clarifying the facts of the matter or clarifying possible violations. 

3. The FSMSA Ethics Commission may propose amendments to any FSMSA Rule relevant to its functions according to this Code. 

IV. Exemption from liability 

Except in the case of gross negligence, no member of the FSMSA Ethics Commission or FSMSA Office staff may be held personally liable in respect of any steps taken in relation to the implementation of any provision or procedure in accordance with this Code. 

V. Effective date 

This Code comes into force on ________________________.