The Code of professional ethics is the set of principles and rules of professional ethics that must be followed by those who practice skiing instructors or belong to a professional college of ski instructors. The legislator deemed it necessary to identify or exemplify the duties of ski instructors [see framework law L.81 / 91 (Article 16 paragraph 1 point a)], delegating this identification to the representative bodies and specifically to the National College, respecting the autonomy of the category and taking into account the need to involve those directly involved in a subject in which the ethical contents of the legal rules are immediate.
Once approved, the code of ethics is no longer just a simple mutual or collective commitment, but it is a body of binding norms also in terms of disciplinary responsibility and they can not be ignored by disciplinary authorities.
The duties, and implicitly the rights, that result for the ski instructor are preordained to regulate the relationships with the colleagues, with the student clients, with the professional organizations and associations as well as the ski schools, with the Public Authorities, with the College of belonging, with the National College, with third parties, in order to achieve the formation of a proper professional conscience that informs the professional activity carried out by the ski instructors and elevates the quality of the service in relation to the needs of the users , the educational aims of youth, the protection and safety of students, the superior interests of tourism and the protection of an intact natural environment.
The subjects subjected to disciplinary procedure must be considered holders of a real subjective right and not be subjected to sanctions that are not imposed by the disciplinary system and outside the cases provided for by the rules of this regulation. The codification allows the certainty of the rules and their immediate knowledge without going through the experience. So knowledge can be transmitted from the beginning to young people, for example, or to foreign colleagues who are also obliged to respect the internal rules for the principle of dual deontology when they practice in Italy.
The codification stimulates the formation of a common ethical conscience, not only in respect of the duties but also in the claim of rights.
Every ski instructor must feel committed to the present rules being observed, and must collaborate with self-governing bodies to repress any behavior contrary to the principles contained in the present deontological code.
The compulsory registration in the professional register of ski instructors for the exercise of the profession represents a fundamental acquisition of our democracy, because it guarantees the control from the inside that precedes and integrates the state one.
The codification of ethical rules must not innovate, that is, create new rules, but identify the existing ones that are held to be such in common opinion.
In addition to the dictate of the law, which delegates to the National College the codification of deontological norms, there is a well-established need and indispensable need to prepare positive rules, in which rights and duties are imposed on the conscience of each teacher.
The provisions of the following code apply to each ski instructor enrolled in the Professional College.
The ski instructor in the exercise of his profession also fulfills a social function in the interest of a recreational and sporting activity of the society and of educating the students to a correct behavior on the ski slopes and in the natural environment.
The profession must be exercised in accordance with the laws of the Republic, with the laws and regulations of the Regions and the Autonomous Provinces.
The deontological rules apply to all ski instructors in the exercise of their activities and in the relationships between them and with third parties.
An irreproachable conduct is required for registration.
In the exercise of professional activities abroad, which are permitted by the provisions in force, the Italian ski instructor is subject to internal deontological rules, as well as to the ethical standards of the country in which the activity is carried out if this is provided on condition of reciprocity.
Similarly, the foreign ski instructor, in the exercise of professional activity in Italy (when this is allowed), is subject to Italian ethical standards.
The ski instructor must inspire his / her conduct to the observance of duties of probity, dignity and decorum, must carry out his / her professional activity with loyalty and correctness and to fulfill the professional duties with conscience and diligence.
The acceptance of a specific professional role suggests the competence to perform that role.
The ski instructor has the duty to refuse those tasks for the performance of which he considers not to be adequately prepared or not to have sufficient competence.
The ski instructor must take care to update his knowledge in order to improve performances and make them more competitive in the light of technical, didactic and methodical innovations.
During the exercise of the profession, the teacher is obliged to wear the badge and the emblem of his / her Collegio of belonging as well as any badges deliberated by the National College.
The ski instructor is obliged to comply with the territorially planned professional fees and can not agree on rebates tending to create grounds for preference towards colleagues or ski schools.
The behavior of the ski instructor must be in keeping with the professional dignity and the decorum of the category, even outside of professional practice. He must refrain from any action that may discredit the prestige of the profession and the category to which it belongs.
Of relationships with students
The relationship that is established between the ski instructor and the student must be characterized in every moment of its development by fundamental requirements such as esteem, trust, loyalty, clarity, mutual correctness. If these promises fail, the student can revoke the choice and the teacher can withdraw from the assignment.
The ski instructor, in carrying out the task assigned to him, must use the utmost diligence, care and skill, required for the practice of a sport, which is skiing, provided that this does not involve having to behave in illicit behavior in contrast with the present rules, laws or regulations in force, or perform activities that may compromise the prestige of the master and / or the entire category.
The ski instructor is obliged to be adequately insured against risks deriving from the exercise of the profession towards the students and / or third parties.
In the accomplishment of the assignment received, the ski instructor may be replaced by another competent teacher, after verification of the approval by the student. When a teacher is called to replace a colleague, he must observe correct procedures and formalities and behave loyally so that the takeover takes place without prejudice to the student.
It constitutes a violation of professional duties, which can be sanctioned also disciplinarily, the failure or delayed fulfillment of the services inherent to the assignment received, when the lack refers to particular negligence and negligence.
Of relations with the College
The ski instructor must abide by the directives and the requirements legitimately dictated by the competent bodies of the college to which he belongs as well as by the National Committee in the exercise of their respective institutional skills, in order to allow the uniformity and coherence of the action of the whole category.
Membership of the College imposes a precise duty of collaboration on all members. Each member must report to the Board of the College to which he belongs the behavior of his colleagues in conflict with the present deontological rules and, moreover, if requested, provide clarifications, explanations and documents.
It is a precise moral duty of the master of s to participate in the assemblies of the College of belonging, for a justified reason.
The members of the Executive Councils of the regional and provincial colleges as well as of the Board of the National College must fulfill their office with availability and objectivity by cooperating for the continuous and effective exercise by the College itself of the powers-duties of supervision, control and disciplinary. They must participate effectively in the life and problems of the category, and encourage respect and the spirit of link between ski instructors, stimulating their collaboration and participation.
Relations with colleagues
The ski instructor must always maintain an attitude of cordiality and loyalty towards his colleague, in order to make his professional activity more serene and correct and to preserve and increase the prestige of the whole category.
The ski instructor can not compete unfairly, either directly or indirectly.
It is forbidden for ski instructors to discredit their colleagues while enhancing their qualities to obtain benefits.
It is forbidden for ski instructors to express to the students in any form critical assessments on the work, on theperformance or behavior of colleagues in general.
The ski instructor must not for any reason favor and legitimize the abusive exercise of the profession or collaborate with those who exercise abusively, but must rather report the abuse to the competent Authority and make known the College to which they belong.
Registration in the register of ski instructors is a necessary and essential requirement for the practice of teaching skiing techniques as well as the accompaniment of skiers.
The use of a professional title (also specialization or qualification) in the absence of the same, and the carrying out of activities during the suspension period can be sanctioned disciplinarily. The colleague and / or school director who has directly or indirectly permitted irregular activity is also responsible for the infraction.
The ski instructor who recognizes ethically reprehensible professional behavior on the part of a colleague must inform the college of belonging.
The ski instructor who intends to proceed by legal means towards a colleague or a ski school or vice versa, for reasons relating to the exercise of the profession, has the duty, as a priority, to inform the college to belong to try a friendly composition through the mediation of the same.
Relations with ski schools and ski schools among them
The associated ski instructor or collaborator of a ski school will have to comply with the directives given by the school's own bodies.
The ski school and the non-associated teacher must exercise a stable profession mainly in the area of competence chosen by them and indicated in the respective authorization, or communication, preparing structures that are suitable for the place and means of ensuring the regular and continuous operation of the service, with the personal presence and with the organization of a reasonable opening time according to the tourist needs of the place, subject to compliance with safety standards.
The ski instructor and the ski school, during the course of the activity, must follow the customer's finding in their own operative area or in their own area of competence.
Should it be necessary to operate in other realities, the school or ski instructor are required to communicate and possibly agree the activity with any other schools already operating and interested in it.
The ski school must not recognize services that are not performed under their own responsibility, nor provide professional guarantees for activities that are not recognized under current laws and regulations.
Relations with public authorities and with tourist organizations and organizations
The ski instructor and the ski schools must exercise their activity and regulate their relationships by duly respectful conduct towards hierarchical organizations, public bodies and public authorities.
The exercise of the profession by ski instructors or schools must be managed in such a way as to promote the general interests of skiing, safety in skiing and the interests of tourism, including through participation in promotional initiatives by the organizations and tourism enterprises, in order to increase tourism in the winter resorts, and through collaboration with school authorities and sports associations to promote the dissemination of the practice of young people.
Procedure in disciplinary matters
Art. 31 Disciplinary proceedings
The disciplinary sanctions are pronounced with a motivated decision by the Board of Directors of the Regional or Provincial College of membership of the member according to the regulations of the same college.
No sanction can be imposed without the accused being invited to appear before the competent Body of the College.
Art. 32 Appeal to the National College
The decisions of the Regional or Provincial Colleges in disciplinary matters can be challenged by the interested party with recourse to the Board of the National College within thirty days.
The term runs from the day on which the provision is notified to the interested party.
Art. 33 Content of the appeal
The appeal referred to in the preceding article must contain the reasons on which it is based to be accompanied:
a) a complete copy of the disputed measure;
b) from any documents necessary to prove its foundation;
c) the indication of the domicile election to which the interested party intends to make any communications. In the absence of such indication, the communications are deposited for all purposes at the College secretariat
Art. 34 Presentation and transmission of the appeal
The appeal is presented to the Board of Directors of the Regional or Provincial College which has issued the resolution challenged in person or by registered letter with acknowledgment of receipt.
The appeal and the procedural documents remain deposited with the Regional or Provincial Board for thirty days after the expiry of the deadline established for the appeal: during said period the interested party can read the documents, produce deductions and show further documents; the production of added motifs is also allowed. Once the terms referred to in the previous paragraph have elapsed, the Governing Council of the Regional or Provincial College sends the appeal to the National College together with the deductions and the documents and the file of the documents.
Art. 35 Treatment of the appeal
The Board of the National College, received from the Regional or Provincial College the appeal and the relative documents, transmits them promptly to the disciplinary commission, composed of three councilors, which instructs the appeal and draws up a report. The Chairman establishes the hearing for the handling of the appeal, however within 90 days following receipt of the appeal.
Art. 36 Examination of the appeal
The sessions of the Board of the National College are not public.
The resolutions are adopted by secret ballot; in the event of a tie, the opinion most favorable to the applicant prevails.
Art. 37 Decision of the appeal
The decision must contain the name of the appellant, the object of the appeal, the reasons on which the device is based, the indication of the day, month and year in which it is pronounced, the signing of the chairman and the secretary.
The decision is filed in the original in the secretariat of the National College and is notified to the appellant as well as communicated to the Regional or Provincial College which has issued the contested provision, which is also returned all the proceedings of the first instance procedure.
The decisions of the National College are immediately enforceable.
Art. 38 Application of executive sanctions
The modalities and the application of the executive disciplinary sanctions are established by the competent bodies of the respective territorial colleges.