GNOC Justification Committee

The GNOC Justification Committee is composed of representatives from each commission. Its purpose is to review all Team Guam delegates to official Games such as the Olympic Games, Asian Games, Pacific Games, Asian Indoor and Martial Arts Games, Micronesian Games, Pacific Mini Games, East Asian Youth Games and ANOC World Beach Games.

1. INTRODUCTION

Pursuant to the International Olympic Committee, Pacific Games, Asian Games, Micronesian Games, and Guam National Olympic Committee Charters, GNOC has the exclusive authority for the selection and entry of Team Guam at the Olympic Games, Pacific Games, Pacific Mini Games, Youth Olympic Games, Asian Indoor and Martial Arts Games, Asian Games, East Asian Youth Games, Micronesian Games, and other games that fall under its mandate (the Games).

The Committee is appointed by the Executive Committee of the GNOC to carry out these Terms of Reference.

2. ROLE AND KEY RESPONSIBILITIES

The Justification Committee’s functions are:

• to assess and confirm or reject nominations received from National Federations:
• for athletes; and
• for managers, coaches and technical officials;

to represent Team Guam in the Games.

• In making its decisions, the Committee shall apply the following criteria:-
• the selected athletes should be the best available competitors, measured against the criteria set out in the selection policies of respective sports;
• the selected athletes must meet the eligibility criteria for participation in the Event.
• all selected individuals are of good character and will be good ambassadors of Guam;
• unless otherwise approved by the GNOC Board and membership, GNOC’s eligibility requirements will hold precedence over all Games eligibility rules.
• any other matters which are considered to be relevant.

3. COMPOSITION

The Committee shall have eight (8) members comprising:

• GNOC Compliance Officer, Chairperson of the Committee, voting obligation only for tie-breaking process
• A Director of GNOC;
• A male representative of the Guam National Athletes Commission;
• A female representative of the Guam National Athletes Commission
• A representative of the Guam Women and Sport Commission
• A representative of the GNOC Medical and Anti-Doping Commission
• A representative of the Guam Protection Against Harassment and Abuse in Sport Commission
• A representative of the Guam National Coaching Commission.

Committee Members shall serve a term of two (2) years from the date of appointment.

All retiring Ordinary Committee Members are eligible for reappointment.

4. MEMBERS RESPONSIBILITIES

Committee Members must:

• abide by the Values of the Olympic Movement, the Olympic Charter (www.olympic.org), all applicable laws of the Territory of Guam, the GNOC’s Code of Conduct and all other relevant GNOC by-laws, policies and directions.
• attend scheduled meetings of the Committee or notify the Chair and tender an apology if unable to attend.
• avoid bringing the Committee or the GNOC into disrepute.
• (any other responsibilities necessary to mention)

For example:

1. Tender reports at meetings of the Committee or at any other time when requested by the Chair, on any of their activities which may be delegated to them from time to time by the Chairperson.
2. In the event any member believes that he/she can no longer satisfy their responsibilities under these Terms of Reference, they will tender their resignation to the Chair.

5. RESIGNATION AND REMOVAL OF MEMBERS

If a Committee Member fails to comply with Clause 4, the Committee may vote to remove them by ordinary resolution.

Any vote to remove a Committee Member will only be effective if it is endorsed by the Executive Committee.

Once endorsed by the Executive Committee, a decision to remove a Committee Member shall be communicated in writing to the Committee Member.

6. VACANCY

A vacancy occurs if a Committee Member:

• dies;
• is removed in accordance with clause 5;
• resigns by notice in writing delivered to the Chair of the Committee;
• is permanently incapacitated by mental or physical ill health; or
• is absent from more than three consecutive meetings of the Committee.

7. MEETINGS

The Committee shall meet at least three (3) times in a calendar year.

The Chair shall preside at all meetings of the Committee. In the event that the Chair is unable to attend a meeting of the Committee, those present shall elect one of their members to chair that meeting.  The Chair of a meeting shall not have a casting vote.

The quorum of the Committee shall not be less than three (3) members.

No business may be transacted at a meeting of the Committee where a quorum is not present.

8. COMMITTEE PAPERS

The Chair must arrange for the distribution, two (2) days in advance of a meeting of the Committee, of an agenda and any related papers to each Committee Member and the GNOC Secretary General.

9. COMMITTEE MINUTES

The Chair must arrange for the preparation of draft minutes of meetings and have them approved by the Committee.

Minutes of meetings shall be submitted to the next meeting of the Committee for adoption.

Minutes signed by the Chair shall be conclusive evidence of the matters recorded in such minutes.

10. GRIEVANCE PROCEDURE

Any person aggrieved by a decision of the Committee may appeal in writing to the Guam National Athletes Commission stating the grounds of the appeal within fourteen (14) days of the date of notification of the decision of the Committee.

The Grievance appeal should include the following:  Name of complainant, Contact Information, Sport and Discipline, Date of complaint,

• Statement of Violation or Grievance,
• Proof to satisfy decision to be overturned,
• Signed document by the aggrieved
• Terms or Grounds for grievance include:
• The ability to justify the violation has been rectified or corrected, i.e. Police or Court clearances
• Compliance towards Residency guidelines
• Medical screening clearance
• Sport specific compliances

Any person, team or team member aggrieved by the decision of the GNAC may lodge their appeal together with the grounds of appeal:

• to the Executive Board of the Guam National Olympic Committee;
• within fourteen (14) days after the delivery of the decision (on or from the date of receipt of the decision).

Any person, team or team manager aggrieved by the decision of the GNOC Executive Board may lodge their appeal together with the grounds of appeal:

• to the Court of Arbitration for Sports (‘CAS’) in Lausanne, Switzerland;
• within twenty-one (21) days after the delivery of the decision (on or from the date of receipt of the decision); and
• the Decision of the Court of Arbitration for Sports is final.

11. REPORTING

The Chair must submit an annual report to the Secretary General of the GNOC prior to the close of the GNOC office at the conclusion of each calendar year.

The grant of extensions in relation to Clause 11 (a) is at the Secretary General’s discretion, after consideration of the circumstances.

The Secretary General may request progress reports whenever necessary, notwithstanding clause 11 (a).

12. AGREEMENT

These Terms of Reference (as in force from time to time), are binding on the Committee and each of the Committee Members.

13. CONFIDENTIALITY

All Committee Members shall retain confidentiality at all times, in relation to the Committee’s activities, which will include all discussions at meetings and information generated in documentation exchanged between the GNOC and the Committee and Committee Members.

14. REVIEW AND AMENDMENTS

(a)   These Terms of Reference shall be reviewed once during each Olympiad or as the Executive Committee considers necessary.

(b) Any amendments to these Terms of Reference shall be agreed to by a majority vote by the Committee.  Any amendments made in accordance with this clause will only come into force once they are ratified by the Executive Committee.

(c)   These Terms of Reference may be amended by the Executive Committee whenever necessary, as the circumstance before it deems fit, notwithstanding clauses 14(a) and (b).

15. INCONSISTENCIES WITH GNOC CONSTITUTION

To the extent there is any inconsistencies between these Terms of Reference and the GNOC Constitution, the GNOC Constitution will prevail.

16. ACCESS TO TERMS OF REFERENCE

Copies of these Terms of Reference are available from the GNOC Secretariat or from the GNOC’s website (www.guamnoc.org).