5A-2 Discussion items - Suspension of player Francesco Tarditi of France

[ian findlay]

On the surface I certainly agree with the action of the CFC, but I also believe in our judicial system which says 'Innocent until proven guilty'. I strongly support the CFC in bringing this matter to justice and I understand if we do not get all the facts here. I do have a hard time saying the person is guilty until I hear all the evidence, but it would arguably be a lot worse if he was allowed to play again. The CFC executive's decision seems right as stated below.

'If he returns to Canada, he can request a hearing with the CFC board and we can hear and deal with his case. Until such time, he is banned from playing in CFC rated events and banned from attending CFC tournaments.' Yes, this seems prudent and seems the least we can do at this time. I assume our lawyer, Patricia, agrees with this action.

[Olga Mushtaler]

Oksana, I believe we should start in our own courtyard. Last time I checked, shouting 'Stop shaking your ass, Olga!' by a National Arbiter is considered verbal sexual harassment.

[Vladimir Drkulec]

On the surface I certainly agree with the action of the CFC, but I also believe in our judicial system which says 'Innocent until proven guilty'. I strongly support the CFC in bringing this matter to justice and I understand if we do not get all the facts here. I do have a hard time saying the person is guilty until I hear all the evidence, but it would arguably be a lot worse if he was allowed to play again. The CFC executive's decision seems right as stated below.

'If he returns to Canada, he can request a hearing with the CFC board and we can hear and deal with his case. Until such time, he is banned from playing in CFC rated events and banned from attending CFC tournaments.' Yes, this seems prudent and seems the least we can do at this time. I assume our lawyer, Patricia, agrees with this action.

Patricia is a lawyer but she is not our lawyer. She did agree with this decision and voted for it. The vote was lopsided with no one voting against it. Veronica was not yet on the board but she brought the situation to our attention.

This simply cannot happen and be tolerated. This suspends the player pending a hearing which he is unlikely to request. We do not require a criminal conviction to suspend someone. Once we deal with him on the CFC level we can move forward and deal with him on the FIDE level.

[ian findlay]

Patricia is a lawyer but she is not our lawyer. She did agree with this decision and voted for it. The vote was lopsided with no one voting against it. Veronica was not yet on the board but she brought the situation to our attention.

This simply cannot happen and be tolerated. This suspends the player pending a hearing which he is unlikely to request. We do not require a criminal conviction to suspend someone. Once we deal with him on the CFC level we can move forward and deal with him on the FIDE level.

I agree. Thanks for the clarification.

[Egidijus Zeromskis]

What is the point of this motion?

"suspended" - from what?

Do the Board go forward with this motion and try to avoid some kind of the "counter-motion"

Member Discipline
"The board decision may be overturned by a simple majority of class A voting members at the next quarterly meeting or alternatively in a special meeting called for by the board or 5% of the class A voting members."

Though this might not even be applicable as the person probably was not even the CFC member.

[Vladimir Drkulec]

What is the point of this motion?

"suspended" - from what?

Do the Board go forward with this motion and try to avoid some kind of the "counter-motion"

Member Discipline
"The board decision may be overturned by a simple majority of class A voting members at the next quarterly meeting or alternatively in a special meeting called for by the board or 5% of the class A voting members."

Though this might not even be applicable as the person probably was not even the CFC member.

The point of this motion is that this is the opportunity for the voting members to overturn our decision. It is housekeeping and covering our bases in that it strengthens our decision and lessens the possibility of a successful appeal on the basis that we didn't put it to the voting members. Most decisions of the board that don't fall exclusively within the purview of the board expire at the next meeting of the voting members if they are not presented for approval or at least discussed at the next meeting.

This person is not a CFC member but is an FQE member. We cannot discipline him in that regard but we do have dominion over what can and can't be CFC rated and by extension what can and cannot be FIDE rated within Canada. The FQE were just as appalled as we were over this situation so I am sure that there will likely be some discipline there as well and I would expect that he would not be allowed to play in FQE only rated events either.

[Egidijus Zeromskis]

Most decisions of the board that don't fall exclusively within the purview of the board expire at the next meeting of the voting members if they are not presented for approval or at least discussed at the next meeting.

That is for by-laws. This does not look a bylaw at all. The CFC board of directors accepts membership (of any kind). Thus it is fully within the power to issue the statement that the person will be not granted the membership, and then follows the consequences if he would play in the rated tournament - the tournament will be not rated etc.

Again: "suspended" - from what? The motion should be clear and not require to search and read elsewhere.

[Vladimir Drkulec]

I think most clear thinking voting members can agree that we cannot allow individuals who want to take pictures of young underage girls and women under the table at CFC tournaments to do that. If we become aware of that after the fact we need to make sure it cannot happen again. The charges are extraordinary and require a strong response. The circumstances as explained to me can only be described as criminal behaviour though he has fled the country in the middle of his school year and is unlikely to face a trial over this. He is not in Canada at the moment and is unlikely to return however he is somewhere and apparently he does not see his actions as being wrong and what happened when he was discovered as being an over reaction. This is just the second step in a process that must reach into FIDE and into online communities.

The board is entitled to take actions in the best interest of chess in Canada. This is our response to this strange situation. There is no exact bylaw that can apply to this. You have a board of directors to deal with situations when the rules are unclear. We have dealt with it and the circumstances. You can register your approval, disapproval or abstain from either in respect to the board actions.

[Egidijus Zeromskis]

I think most clear thinking voting members can agree that we cannot allow individuals who want to take pictures of young underage girls and women under the table at CFC tournaments to do that. If we become aware of that after the fact we need to make sure it cannot happen again. The charges are extraordinary and require a strong response. The circumstances as explained to me can only be described as criminal behaviour though he has fled the country in the middle of his school year and is unlikely to face a trial over this. He is not in Canada at the moment and is unlikely to return however he is somewhere and apparently he does not see his actions as being wrong and what happened when he was discovered as being an over reaction. This is just the second step in a process that must reach into FIDE and into online communities.

The board is entitled to take actions in the best interest of chess in Canada. This is our response to this strange situation. There is no exact bylaw that can apply to this. You have a board of directors to deal with situations when the rules are unclear. We have dealt with it and the circumstances. You can register your approval, disapproval or abstain from either in respect to the board actions.

You wrote while ago (like a month)

https://www.chesscanada.info/forum/s...lay-violations
Francesco Tarditi whose CFC ID is 177944 and FIDE ID is 373104530 is hereby suspended from participating as a player or spectator in Chess Federation of Canada sanctioned or rated Canadian chess tournaments indefinitely by a vote of the CFC board of directors. Mr. Tarditi was an FQE member. and we have informed the FQE of this case and we will inform FIDE as well. We received a disturbing report that this person has engaged in inappropriate behaviour and alleged criminal acts as a spectator at a CFC rated tournament in 2023 including the surreptitious inappropriate photography of young women without consent and with at least one girl being a minor. Inappropriate pictures were taken under a table without consent either with a camera or cell phone and were seen on his cell phone by an official of the Concordia University Chess Club. The police have been involved. Mr. Tarditi who was in Canada on a student visa has apparently left the country. If or when Mr. Tarditi presents himself inside Canada we will hold a hearing to review the evidence and hear from the witnesses to his actions. This suspension is in effect immediately. It can only be lifted by a future action of the board of directors or the voting members of the CFC.

Thus what the point of this motion? Any voting member tries to lift up the suspension?

Just for formality, the motion has no mover nor seconder.
Is it just a poll?

[Christopher Mallon]

Technical question, would it be possible to actually change his rating indicator to read BAN or something like that, so it's instantly obvious? Or will that break the pairings software? Might be worth an experiment. This isn't the first, nor will it be the last suspension the CFC has to issue. Thankfully it doesn't come up TOO often.

What is the actual motion we are voting on?