1. 1he complalnanL, Pelen Chang, has made a complalnL pursuanL Lo Lhe karaLe Canada ulsclpllne and ComplalnLs pollcy (Lhe ollcy") as a resulL of cerLaln evenLs LhaL arose ln Lhe course of Lwo karaLe compeLlLlons, held March 21 and 22, 2014 ln 8lchmond, 8C, aL whlch Lhe complalnanL was Lhe 1ournamenL ulrecLor and Lhe respondenL, Zvonko Celebl[a, was Lhe Chlef 8eferee.
2. 1he complalnL conLalns Lhree dlsLlncL allegaLlons LhaL are sald Lo be ln vlolaLlon of karaLe Canada's Code of ConducL and LLhlcs (Lhe Code"):
a) An emall daLed March 13, 2014 from Lhe respondenL Lo varlous parLles, b) ConducL of Lhe respondenL durlng conversaLlons on March 21, and c) ConducL of Lhe respondenL durlng conversaLlons on March 22.
3. ln parLlcular, Lhe complalnanL alleges Lhe respondenL breached Lhe followlng provlslons: a) ArLlcle 7(a) lLem, l, ll, lll, lv, and v, b) ArLlcle 7(b) lLem l, lll, lv, and v, c) ArLlcle 7(h), and d) ArLlcle 10(a)
4. 1he orlglnal complalnL was flled wlLh karaLe Canada on or abouL Aprll 4, 2014 buL for reasons whlch are noL clear Lo me karaLe Canada dld noL lmmedlaLely Lake Lhe sLeps LhaL appear Lo be requlred pursuanL Lo Lhe ollcy. 1hls led Lo Ms. Chang flllng an addendum" Lo her complalnL daLed May 7, 2014 where she expressed her deslre Lo have Lhls complalnL addressed.
3. SubsequenL Lo Lhe recelpL of Lhe Addendum a Case Manager was asslgned and revlewed Lhe ComplalnL.
6. 1he ollcy provldes for Lhe dlvlslon of lnfracLlons lnLo boLh Mlnor lnfracLlons and Ma[or lnfracLlons. ln parLlcular Lhe ollcy speclfles each as follows:
7. ursuanL Lo Lhe ollcy Lhe Case Manager deslgnaLed Lhe maLLer a Ma[or lnfracLlon".
8. AfLer deslgnaLlng Lhls as a Ma[or lnfracLlon Lhe Case Manager Lhen appolnLed me as Lhe Sole Ad[udlcaLor and Look Lhe necessary sLeps Lo arrange a hearlng and esLabllsh Llmellnes.
9. 1here were some slgnlflcanL dlfflculLles ln arranglng a hearlng for Lhls maLLer lncludlng, afLer Lhe orlglnal selecLlon of a hearlng daLe, Lhe respondenL walLed unLll only a few days before LhaL hearlng Lo lndlcaLe LhaL he was unavallable as he was ln LranslL from Mexlco. l noLe LhaL Lhls Lravel was always known Lo Lhe respondenL as he had booked hls LlckeLs ln advance of Lhe selecLlon of Lhe daLe for Lhe hearlng.
10. Accordlngly, afLer a somewhaL LorLuous process Lhls maLLer flnally came Lo a hearlng on !uly 31, 2014.
11. 1he hearlng, whlch had orlglnally been scheduled for Lwo hours was allowed for Lhree hours and wenL for Lhree and one half hours. AL Lhe concluslon of Lhe hearlng l dlrecLed Lhe parLles Lo provlde any submlsslons Lhey felL approprlaLe, lncludlng on any penalLy LhaL Lhey felL approprlaLe lf l were Lo flnd any of Lhe complalnLs had been esLabllshed.
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12. ln addlLlon Lo Lhe parLles, who boLh provlded evldence, Lhe followlng people parLlclpaLed ln Lhe hearlng:
a) Cn behalf of Lhe complalnanL, Pelen Chang: a. Mr. Wllllam Pllder, counsel b. Mr. Cllvler lneau, LxecuLlve ulrecLor, karaLe Canada c. Mr. !uan Csuna d. Ms. nlcole olrler e. Mr. ken SL. Lloy
b) Cn behalf of Lhe respondenL, Zvonka Celebl[a: a. Mr. 8uperL !oshl, counsel b. Mr. uragan kl[enlk, resldenL, karaLe Canada c. Mr. Shlhan Pernandez, resldenL, Mexlcan karaLe lederaLlon d. Mr. Angelo Mendoza, as LranslaLor for Mr. Pernandez e. Mr. 8rlan !ames f. Mr. ?aro 1arana
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13. l have read and consldered all of Lhe submlsslons and supporLlng documenLaLlon submlLLed by Lhe parLles as well as Lhe helpful wrlLLen submlsslons of boLh parLles' counsel.
14. lor Lhe reasons LhaL follow, l flnd LhaL:
a) 1he respondenL's conducL vlolaLed arLlcle 7 (a)(ll) of Lhe Code, focuslng commenLs or crlLlclsm approprlaLely and avoldlng publlc crlLlclsm of lndlvlduals" wlLh hls emall of March 13, 2014, b) 1he respondenL's conducL Lowards Lhe complalnanL Lhe evenlng of March 21, 2014, dld noL vlolaLe Lhe Code, and c) 1he respondenL's conducL Lowards Lhe complalnanL ln Lhe course of hls lnLeracLlons wlLh Ms. Chang ln a dlscusslon LhaL occurred on March 22, 2014 before Lhe LournamenL flnals, vlolaLed arLlcle 7(a)(l) and (v) and 7(b)(l) and (v).
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13. AL Lhe relevanL Llme, Lhe complalnanL was a relaLlvely new volunLeer wlLh karaLe Canada. neverLheless, Ms. Chang had been awarded Lhe volunLeer of Lhe ?ear" award by Lhe organlzaLlon and had been asked Lo [oln Lhe an-Am organlzlng commlLLee.
16. AL naLlonals ln !anuary 2014, she was asked by karaLe Canada Lo be Lhe LournamenL dlrecLor for Lhe norLh Amerlcan Cup Lo be held ln March. Ms. Chang expressed reservaLlons abouL assumlng Lhls role because she dld noL have a loL of volunLeer experlence wlLh karaLe Canada, buL she was Lold karaLe Canada would supporL her and agreed Lo Lake on Lhe role.
17. AlLhough Lhe complalnanL dld have some asslsLance from Lhe execuLlve dlrecLor of karaLe Canada, lL appears from Lhe evldence overall LhaL karaLe Canada dld noL Lake sLeps Lo esLabllsh proper llnes of communlcaLlon and dld noL provlde Lhe complalnanL wlLh any guldellnes for organlzlng Lhese LournamenLs. 1he lnadequaLe supporL by karaLe Canada led Lo confuslon and provlded parL of Lhe foundaLlon for Lhls complalnL.
18. AfLer agreelng Lo be Lhe LournamenL dlrecLor for Lhe norLh Amerlcan Cup, lL became apparenL LhaL Mexlco and Lhe uSA needed Lo hold a an-Am quallfylng LournamenL. lL was declded LhaL Lhe quallfler would be held Lhe day before Lhe norLh Amerlcan Cup, ln Lhe same locaLlon. Ms. Chang assumed Lhe role of LournamenL dlrecLor for LhaL evenL as well.
19. Cllver lneau, Lhe LxecuLlve ulrecLor for karaLe Canada, and Lhe complalnanL worked Lo organlze Lhe LournamenLs.
20. 1he respondenL ls a very experlenced referee and had been selecLed Lo be Lhe chlef referee for boLh LournamenLs.
21. 1he complalnanL and Lhe respondenL dld noL have a relaLlonshlp prlor Lo Lhe evenLs surroundlng Lhls complalnL. Accordlng Lo Ms. Chang, Lhey had only brlefly meL for Lhe flrsL Llme aL Lhe karaLe Canada naLlonals ln !anuary 2014. As ls apparenL from hls emall of March 16, 2014, Lhe respondenL was aware LhaL Lhe complalnanL was new".
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22. lrom Lhe emall documenLaLlon recelved, lL seems apparenL LhaL many emalls were exchanged ln early March regardlng Lhe formaL for boLh evenLs. Mr. lneau and Lhe complalnanL boLh provlded evldence LhaL `Cn March 13, 2014, Mr. lneau senL an emall Lo Lhe respondenL and Lhe oLher chalr of Lhe Cfflclals' CommlLLee proposlng a formaL for boLh LournamenLs and asklng for Lhelr lnpuL.
23. LaLer LhaL same day, Lhe respondenL senL a brlef reply saylng he had spoken wlLh Lhe presldenLs of boLh karaLe Canada and karaLe uSA, and sLaLlng LhaL Lhe presldenLs had approved a dlfferenL formaL Lhan suggesLed by Mr. lneau. Agaln on March 13, 2014, Mr. lneau responded paraphraslng whaL he undersLood Lhe respondenL's emall Lo say and asklng for conflrmaLlon he had lL correcL.
24. Larly Lhe nexL mornlng, Lhe complalnanL responded noLlng Lhe volume of emalls Lhey had recelved from 1eam uSA and 1eam Mexlco regardlng Lhe formaL, and wonderlng lf Lhe respondenL could have accldenLly mlslnLerpreLed" Lhe plans of Lhe uSA Leam. Mr. lneau responded by saylng we can leave lL up Lo Lhe uSA and Mexlco, buL ended hls emall by saylng buL for Lhe dlvlslon wlLh openly [slc] 2 aLhleLes, may l suggesL double ellmlnaLlon agaln."
23. up Lo Lhls Llme, Lhe Lone of all emalls presenLed by Lhe parLles was pollLe and professlonal, and only a llmlLed number of people had been copled on Lhe emalls.
26. Cn March 13, 2014, Lhe respondenL senL Lhe emall LhaL ls Lhe sub[ecL of Lhls complalnL. Mr. Celebl[a dld noL [usL reply all" Lo Mr. lneau's emall. Pe changed Lhe sub[ecL llne from 8e: norLh Amerlcan 8eglonal Cuallfler for an Am Cames - updaLe March 14, 2014" Lo lMC81An1". Mr. Celebl[a also added flve people Lo Lhe cc llne who had noL prevlously been parL of Lhe conversaLlon, lncludlng Lhe presldenL and vlce-presldenL of karaLe Canada.
27. 1he body of Lhe emall reads ln parL:
Pl Cllver and Pelen,
?our emalls are becomlng rldlculous. llrsL of all you have Lo undersLand sLrucLure of karaLe Canada. 1ournamenL dlrecLor and execuLlve dlrecLor cannoL declde whaL wlll be LournamenL sLrucLure. Clearly you are oversLepplng your auLhorlLy and you are noL followlng rules.
...?our emalls are puLLlng us ln a bad spoLllghL, so please sLop whaL you are dolng and follow dlrecLlon glven Lo you by Lhe presldenL of karaLe Canada.
...
1hls mornlng l spoke wlLh Lhe presldenL of karaLe Canada regardlng whaL you are dolng and he sald he already senL you lnsLrucLlons how Lhe LournamenL should be done. lease sLop sendlng emalls as you feel llke and Lo whomever you feel llke. ...
l hope you wlll acL accordlngly and we wlll noL have Lo go Lhrough Lhls agaln.
28. Mr. lneau responded laLer on March 13 wlLh a lengLhy emall LhaL began 1hank you for your emall." and Lhen aLLempLed Lo clarlfy maLLers. Mr. lneau's Lone remalned pollLe and professlonal.
29. Cn Sunday March 16, 2014, Mr. Celebl[a responded Lo Mr. lneau's March 13 emall. Pe once agaln added flve furLher people Lo Lhe cc llsL. 1he addlLlonal people added by Lhe respondenL lncluded members of Lhe 8oards of karaLe Canada and karaLe CnLarlo. Pls March 13 emall was lncluded as parL of Lhe emall Lhread, and Lhus all of Lhese people also saw Lhe emall quoLed above.
30. 1he March 16 emall conLlnued along Lhe same Lheme as hls March 13 emall and lncluded hls asserLlon LhaL l am golng Lo complaln Lo SporL Canada, and lf necessary Lake legal acLlon agalnsL all parLles."
31. SecLlon 7 of Lhe Code requlres members of karaLe Canada Lo LreaL all lndlvlduals wlLh respecL . ln parLlcular, subsecLlon (a), places a duLy on all members Lo malnLaln and enhance Lhe dlgnlLy and self-esLeem of oLhers by:
l) demonsLraLlng respecL Lo lndlvlduals.., ll) focuslng commenLs or crlLlclsm approprlaLely and avoldlng publlc crlLlclsm of oLhers, and lv) conslsLenLly LreaLlng lndlvlduals falrly, wlLh respecL and refralnlng from negaLlve remarks or conducL.
32. SubsecLlon (b) requlres members Lo refraln from any conducL LhaL consLlLuLes harassmenL, whlch lncludes: l) wrlLLen or verbal abuse, LhreaLs or ouLbursLs, and ll) condescendlng or paLronlzlng behavlor whlch ls lnLended Lo undermlne self-esLeem, dlmlnlsh performance or adversely lmpacL worklng condlLlons.
33. Ms. Chang provlded evldence LhaL she was very embarrassed by Lhe emalls, especlally slnce Lhey were forwarded Lo 8oard members for boLh karaLe Canada as well as karaLe CnLarlo, whlch had noLhlng Lo do wlLh elLher LournamenL.
34. l flnd LhaL Lhe respondenL's emall of March 13, 2014 was lnapproprlaLe as alleged by Lhe complalnanL. lf Lhe respondenL had concerns abouL Lhe organlzaLlon of Lhe LournamenLs, Lhere were several approaches he could have Laken LhaL would have complled wlLh Lhe Code. lor example, he could have responded dlrecLly Lo Ms. Chang and Mr. lneau wlLh Lhe same professlonal Lone of hls earller emalls. Cr, lf he felL he needed Lo approach Lhelr supervlsor, he could have conLacLed Lhe supervlsor and Lhe supervlsor could have provlded more guldance lf requlred.
33. lnsLead, Lhe respondenL elecLed Lo send an emall LhaL can, aL besL, be descrlbed as condescendlng and paLronlzlng ln Lone. lL ls a marked deparLure from Lhe professlonal and respecLful Lone of Lhe emall communlcaLlons before March 13. Many reclplenLs would have found lL rude, and lL ls very reasonable for Ms. Chang Lo have found lL upseLLlng and embarrasslng.
36. 1hls emall does noL focus commenLs or crlLlclsm approprlaLely as requlred by secLlon 7(a)(ll), does noL LreaL lndlvlduals wlLh respecL as requlred by secLlon 7(a)(l) , and does noL refraln from negaLlve remarks as requlred by 7(a)(v).
37. lL has all Lhe hallmarks of a wrlLLen ouLbursL, prohlblLed by secLlon 7(b)(l), and whlle l cannoL be cerLaln lL was lnLended Lo undermlne self-esLeem or adversely lmpacL worklng condlLlons, Lhere was a reasonable and foreseeable chance lL would do so.
38. llnally, by addlng addlLlonal reclplenLs Lo Lhe orlglnal emall, and forwardlng LhaL emall Lo furLher addlLlonal reclplenLs Lhe nexL day, Lhe respondenL engaged ln publlc crlLlclsm ln a manner conLrary Lo secLlon 7(a)(ll).
39. Ms. Chang's complalnL agalnsL Mr. Celebl[a regardlng hls March 13, 2014 emall has been esLabllshed.
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40. 1he second componenL of Lhls complalnL relaLes Lo a meeLlng LhaL occurred laLe ln Lhe evenlng on lrlday, March 21, 2014, [usL afLer Lhe norLh Amerlcan an-Am 8eglonal Cuallfler had concluded.
41. Ms. Chang alleges LhaL she and Lhe respondenL were aL a meeLlng, Lhe focus of whlch was Lhe formaL of SaLurday's LournamenL. 1he presldenLs of Lhe Lhree naLlonal karaLe assoclaLlons were presenL for Lhe meeLlng, along wlLh !uan Csuna, who was acLlng as LranslaLor for Lhe presldenL of karaLe Mexlco.
42. 8oLh parLles provlded very helpful dlagrams showlng who was aL Lhe meeLlng and where people were locaLed. 1here ls no slgnlflcanL dlspuLe beLween Lhese drawlngs. Ms. Chang, Mr. Csuna, and Lhe assoclaLlon presldenLs were on one slde of Lhe head Lable, and Mr. Celebl[a was on Lhe opposlLe slde, beLween Lhe Lable and LaLaml 2.
43. Ms. Chang alleges LhaL durlng Lhe course of Lhe meeLlng, whlch lasLed beLween 30 and 60 mlnuLes, Lhe respondenL became very aglLaLed and angry. She alleges hls face was red, hls volce was ralsed and he was wavlng hls hands. ln her vlew he dld noL speak respecLfully durlng Lhe meeLlng. Ms. Chang says LhaL he approached Lhe Lable wlLh an aggresslve posLure and she feared for her safeLy. She felL embarrassed, humlllaLed and alone.
44. She also alleges LhaL when Mr. Csuna Lrled Lo commenL, he was abrupLly sllenced by Lhe respondenL who yelled SLop 1ranslaLlng!" and polnLed hls flnger Lowards Mr. Csuna.
43. Ms. Chang called Lwo wlLnesses regardlng Lhe March 21 lncldenL. 1he flrsL was !uan Csuna. Mr. Csuna was aL Lhe meeLlng, volunLeerlng as Lhe lnLerpreLer for Lhe presldenL of Lhe Mexlcan assoclaLlon. Pe was also Lhe MC for Lhe LournamenLs and ls Ms. Chang's sensel.
46. Mr. Csuna sald LhaL Lhe respondenL spoke Lo hlm ln a rude manner saylng ?ou don'L speak. ?ou are here Lo LranslaLe only." 1he respondenL also waved hls hands ln a dlsmlsslve acLlon. ln Mr. Csuna's vlew, when someone ls rude Lo one person ln a group, polnLlng a flnger and wavlng hls hands, lL ls belng rude Lo all members of LhaL group.
47. Mr. Csuna sald LhaL he responded by sLaLlng LhaL Lhls was noL a good envlronmenL for volunLeers Lo work, Lhe respondenL's behavlor was rude and as a resulL, Mr. Csuna reslgned as a volunLeer from Lhe LournamenLs.
48. Mr. Csuna dld noL dlrecLly observe Lhe respondenL acLlng rudely Lowards Lhe complalnanL, buL noLed she was Lhere as parL of Lhe group.
49. 1he second wlLness called by Ms. Chang was ken SL. Lloy. Mr. SL. Lloy was approxlmaLely 2 meLres away from Lhe head Lable when Lhe meeLlng occurred. Mr. SL. Lloy could hear whaL he characLerlzed as an argumenL", buL he could noL hear whaL was belng sald. 1he respondenL was speaklng loudly, klnd of yelllng" and was belng pushy and aggresslve. Mr. SL. Lloy observed whaL was golng on aL Lhe Lable for approxlmaLely 43-90 seconds, and sald Lhe Lhlng LhaL surprlsed hlm were Lhe faces of Lhe people behlnd Lhe Lable afLer Lhe respondenL ralsed hls volce. Mr. SL. Lloy senL a LexL message LhaL same evenlng Lo Mr. lneau lnformlng hlm of Lhe argumenL.
30. Mr. Celebl[a has a very dlfferenL accounL of whaL occurred aL Lhls meeLlng. lL ls hls recollecLlon LhaL Lhe meeLlng was only 10 mlnuLes ln lengLh and he denles belng angry or ralslng hls volce aL anyone, especlally Lhe complalnanL because he knew she was new.
31. Mr. Celebl[a denles Lelllng Mr. Csuna Lo sLop LranslaLlng, Lhe respondenL says he knows he has no auLhorlLy Lo make such a sLaLemenL and never would. Powever, he dld say Lo Mr. Csuna, Slr, you are here Lo LranslaLe only and noL Lo geL lnvolved ln how Lhe LournamenL works".
32. 1he respondenL also admlLs Lo polnLlng aL Lhe complalnanL, buL says he never meanL Lo lnLlmldaLe anyone and says he dld noL say anyLhlng rude.
33. 1he respondenL called Mr. uragan kl[enak as a wlLness. Mr. kl[enak ls Lhe presldenL of karaLe Canada and was aL Lhe March 21 meeLlng. Mr. kl[enak sald LhaL he dld noL observe any unusual behavlor by Lhe respondenL aL Lhe meeLlng, and Lhere was no yelllng or shouLlng or obscene gesLures. lL ls Mr. kl[enak's recollecLlon LhaL Lhe respondenL dld noL Lell Mr. Csuna Lo sLop LranslaLlng, buL dld advlse hlm Lo sLop offerlng oplnlons on schedullng.
34. 1he respondenL also called Mr. Shlhan Pernandez, Lhe presldenL of karaLe Mexlco. Mr. Pernandez was also aL Lhe meeLlng and does noL recall Lhe respondenL belng angry. Pe also dldn'L recall any obscene gesLures, yelllng or aggresslve body language.
33. lL ls my concluslon LhaL Lhe respondenL dld ralse hls volce durlng Lhe meeLlng on March 21. 1hree wlLnesses, Lwo LhaL were aL Lhe head Lable, and one approxlmaLely 2 meLres away, all heard loud volces. l also conclude LhaL, regardless of Lhe wordlng used, Lhe respondenL used a harsh Lone Lowards Mr. Csuna and Lhe meeLlng envlronmenL became qulLe Lense. 1he respondenL also admlLLed polnLlng aL Lhe complalnanL, and l accepL Lhe evldence of Lhe complalnanL and Mr. Csuna LhaL he made a dlsmlsslve hand gesLure Lowards Mr. Csuna.
36. Powever, lL ls Ms. Chang, noL Mr. Csuna, who has flled a complalnL abouL Lhe respondenL's conducL aL Lhls meeLlng. Whlle l have found LhaL Lhe respondenL ralsed hls volce aL Lhe meeLlng, and polnLed hls flnger aL Ms. Chang, l do noL flnd hls conducL Lo have been as exLreme as alleged by Ms. Chang, nor as dlrecLly LargeLed Lowards her as she recalls. ln reachlng Lhls concluslon, l am noL quesLlonlng Ms. Chang's evldence regardlng Lhls meeLlng, raLher l belleve her LesLlmony ls her honesL recollecLlon of a sLressful meeLlng where Lhe respondenL was ralslng hls volce and maklng hand gesLures. lf Ms. Chang was somewhaL senslLlve ln lnLerpreLlng Lhe respondenL's behavlor as dlrecLed Loward her, LhaL ls noL unreasonable glven Lhe respondenL's emalls of March 13 and 16.
37. Powever, whlle Lhe respondenL could have perhaps handled Lhe meeLlng wlLh greaLer senslLlvlLy, especlally slnce he was aware Lhe complalnanL was new", lL ls my concluslon LhaL hls conducL does noL vlolaLe Lhe Code. As a resulL, Lhls porLlon of Lhe complalnL has noL been made ouL.
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38. 1he Lhlrd componenL of Ms. Chang's complalnL lnvolves a meeLlng LhaL occurred on Lhe afLernoon of March 22, [usL prlor Lo Lhe flnals of Lhe norLh Amerlcan Cup. Accordlng Lo Lhe helpful dlagrams submlLLed by Lhe parLles, Ms. Chang was slLLlng aL Lhe head Lable slLLlng nexL Lo nlcole olrler. 1he respondenL was on Lhe oLher slde of Lhe Lable, beLween Lhe Lable and LaLaml 2.
39. 1he respondenL approached Lhe head Lable Lo dlscuss Lhe formaL of Lhe flnals, lL ls noL dlspuLed LhaL under Lhe orlglnal formaL Lhe flnals would Lake place uslng Lhree LaLamls, buL was changed LhaL afLernoon Lo Lwo LaLamls.
60. 1he complalnanL alleges LhaL she was concerned abouL geLLlng behlnd schedule and meeLlng Llmellnes and quesLloned why Lhls change was occurrlng. 1he complalnanL alleges LhaL when she soughL clarlflcaLlon, Lhe respondenL once agaln goL very angry wlLh her: walvlng hls hands, geLLlng red ln Lhe face, yelllng why do you always have Lo be so dlfflculL?", fllcklng hls hand aL her ln a Luropean verslon of Lhe norLh Amerlcan flnger" and Lhen sLormlng away.
61. 1he respondenL remembers Lhe conversaLlon very dlfferenLly. 1he respondenL sald he Lold Lhe complalnanL LhaL Lhe can only do Lhe flnals ln Lwo rlngs. 1he complalnanL held up her hand and sald no, Lhree rlngs", and he sald agaln 1wo rlngs. l don'L have enough quallfled offlclals".
62. 1he respondenL sald afLer a couple of mlnuLes he dld Lell Lhe complalnanL you are very dlfflculL Lo work wlLh" and Lhen walked away Lo dlscuss Lhe formaL for Lhe flnals wlLh Lhe assoclaLlon presldenLs.
63. 1he respondenL denles maklng any hand gesLures Lowards Lhe complalnanL aL Lhls meeLlng and says he was noL verbally abuslve Lowards her.
64. 1he respondenL called several wlLnesses regardlng Lhe March 22 lncldenL and provlded wlll say sLaLemenLs for several more. Whlle l found Lhe wlLnesses Lo be honesL, l dld noL flnd Lhem or Lhe wlll say sLaLemenLs parLlcularly helpful as Lhose wlLnesses dld noL hear Lhe acLual conversaLlon beLween Lhe complalnanL and Lhe respondenL before Lhe flnals. As a resulL, Lhese wlLnesses and wlll say sLaLemenLs dld noL asslsL ln deLermlnlng whaL acLually happened beLween Lhe complalnanL and Lhe respondenL.
63. Powever, Lhere was one wlLness who was presenL aL Lhe conversaLlon. Ms. olrler was seaLed dlrecLly beslde Lhe complalnanL aL Lhe Llme Lhe conversaLlon occurred and was called by Lhe complalnanL. l found Ms. olrler a parLlcularly forLhrlghL and credlble wlLness and l accepL her evldence of whaL Lransplred.
66. Ms. olrler has been a member of karaLe Canada slnce 1989 and lndlcaLed LhaL she knows and respecLs Lhe respondenL. Ms. olrler was aL Lhe LournamenL as Lhe lrench LranslaLor, and also assumed Lhe duLles of masLer of ceremonles afLer Mr. Csuna reslgned.
67. lL ls Ms. olrler's evldence LhaL Lhe dlscusslon regardlng how many rlngs would be used for Lhe flnals was a Lense one, everyone was frusLraLed and angry. Ms. olrler LesLlfled LhaL Lhe respondenL ralsed hls volce and called Lhe complalnanL dlfflculL. She also sald he made a dlsmlsslve and condescendlng gesLure Lo Lhe complalnanL and Lhen walked away wlLhouL resolvlng Lhe slLuaLlon. Ms. olrler sald LhaL Lhe respondenL ls sLralghLforward and dlrecL, buL he had never acLed Lowards Ms. olrler as he dld Lowards Lhe complalnanL. ln response Lo a quesLlon from Lhe respondenL, Ms. olrler Lold hlm LhaL perhaps he doesn'L reallze Lhe lmpacL hls communlcaLlon sLyle (ralsed volce, hands ln Lhe alr) wlll have on some people, Lhey wlll Lake lL very hard".
68. l conclude LhaL durlng Lhelr conversaLlon before Lhe flnals on March 22, Lhe respondenL ralsed hls volce Lo Lhe complalnanL, called her dlfflculL, made a condescendlng hand gesLure Lowards her and walked away raLher abrupLly.
69. l flnd Lhe respondenL's conducL vlolaLed Lhe Code - ln parLlcular secLlon 7(a)(l) and (v) and secLlon 7(b)(l). 1he Lhlrd componenL of Lhe complalnL has been esLabllshed.
,;ONB ;Q SOHHATI FHAKP -N;KHHJ@AM
70. ln Lhe course of Lhe hearlng lL was broughL Lo my aLLenLlon LhaL Lhe respondenL has commenced a legal proceedlng agalnsL Lhe complalnanL ln Lhe AlberLa CourL of Cueen's 8ench regardlng Lhe flllng of Lhe wlLhln complalnL. l noLe LhaL no complalnL regardlng Lhls legal proceedlng ls before me. Accordlngly, whlle l have serlous reservaLlons abouL Lhe proprleLy of Lhe legal proceedlng and lLs Llmlng (afLer Lhe complalnL was flled and before Lhls hearlng occurred) glven secLlon 7(b)(lx) of Lhe Code, l have made no flndlngs regardlng Lhe flllng of LhaL legal proceedlng, and Lhe exlsLence of Lhe legal proceedlng has no relevance Lo Lhls declslon or Lhe concluslons l have reached.
72. ln Lhls maLLer, l flnd LhaL Lhe approprlaLe remedy ls a wrlLLen apology from Lhe respondenL Lo Lhe complalnanL wlLhln 14 days of Lhe daLe of Lhese reasons. AL a mlnlmum, Lhe apology leLLer wlll conLaln Lhe followlng componenLs: a) An acknowledgemenL of whaL Lhe respondenL dld wrong and how Lhe respondenL should have acLed, b) An acknowledgemenL of Lhe harm done Lo Lhe complalnanL, c) An expresslon of remorse, and d) Any lessons learned.
73. ln hls wrlLLen submlsslons, Lhe respondenL soughL a wrlLLen apology from Lhe complalnanL regardlng Lhese false and exaggeraLed allegaLlons", and for LhaL apology leLLer Lo be publlshed on Lhe karaLe Canada webslLe. As l have found LhaL Lwo grounds of Lhe complalnL have been esLabllshed by Lhe evldence, and Lhe Lhlrd dld noL lnvolve false or dellberaLely exaggeraLed allegaLlons, Lhere ls no basls for an apology leLLer from Lhe complalnanL.
74. As Lhe respondenL belleves LhaL lL ls approprlaLe for such apologles Lo be publlshed on Lhe karaLe Canada webslLe, l dlrecL LhaL Lhe respondenL's leLLer of apology be so publlshed. 1he leLLer of apology may be removed slx monLhs afLer Lhe daLe of publlcaLlon.