Disciplinary Procedure

These procedures deal with hearings in respect of;

Breaches of the Club’s Constitution, Code of Conduct and Byelaws.

The procedures apply to ALL members of the Club.

Formal disciplinary action will be taken in accordance with these Procedures.

1. MEMBERSHIP AND POWERS OF COMMITTEE
   1. 1. The Committee will establish a Disciplinary Committee which will have the power to act in the name of the Club and determine disciplinary proceedings coming before it.
      2. The membership of any Disciplinary Committee will be determined by the Committee and will have no fewer than 3 members.
      3. The Committee will establish an Appeals Committee, where required, of not fewer than 3 members to consider any competent appeal. None of these members will be members of the Disciplinary Committee.
      4. Any person who sits on either the Disciplinary Committee or Appeal Committee will
         1. Have no personal interest in or involvement with the case
         2. Make themselves familiar with these procedures
         3. Act within their powers under these procedures fairly, reasonably and proportionately at all times
         4. Take advice where appropriate including, if necessary, legal advice or such other expert advice necessary for the fair determination of the matter
         5. Have consideration and respect for all parties
      5. The Appeals Committee will have the power to affirm, vary or set aside any decision of the Disciplinary Committee and to increase, decrease or accept any such penalties already imposed and/or impose any such new penalties as outlined in these procedures.
      6. Both the Disciplinary and Appeal Committees will agree a chair.
      7. Both Committees will make decisions on the basis of a simple majority of members with the Chair holding a casting vote if no majority is reached.
      8. The Disciplinary Committee and the Appeals Committee will have the power to abridge or extend any time limits set out in these Procedures, if in their reasonable discretion, it is considered appropriate in the circumstances.
      9. Where any matter is to be considered by a Disciplinary Committee and/or Appeals Committee, the committee concerned will be entitled to amend the terms of complaint and/or introduce a new charge to the complaint at any time provided that in all of the circumstances the person against whom the complaint is made will have a fair opportunity to consider the same and respond.

2. INITIAL COMPLAINT HANDLING

2.1     Informal complaints may be considered as cases where the allegations are less serious or the problem is based on miscommunication or a misunderstanding.  On these occasions, an informal process might be the most appropriate way to resolve the situation satisfactorily.  Where this is not possible, the formal Disciplinary Procedure will be instigated by the Committee.  A member has the right to raise a complaint at any time.

2.2       Any complaints about a Member’s actions or behaviour should be made in writing by the complainer and sent to the Club Secretary and be signed and dated.

2.3       Any complaint must be lodged within seven days of the alleged incident or grounds for the complaint arising or becoming known. 

2.4       The complaint should ordinarily specify the details of the alleged incident or grounds for complaint including, if appropriate, which provision of the Club’s Constitution, Byelaws and/or Code of Conduct has been breached.

2.5       The Committee will appoint a Disciplinary Committee who will then

2.5.1    Forward a copy of the complaint to the member in question and request a written response within seven days

2.5.2    Decide if further investigation of the complaint is required and carry out all necessary investigations 

2.5.3    The complaint, written response, investigation report (if appropriate) and any other relevant material, if applicable, will then be considered by the Disciplinary Committee as set out below

1. DISCIPLINARY HEARING

3.1       Any member being the subject of a Disciplinary hearing will have the following rights

3.1.1    To be advised of the nature of the charge or complaint

3.1.2    To be supplied with a copy of the original complaint prior to the hearing and any other additional material provided to the Disciplinary Committee including notice of any witnesses to be called for their evidence

3.1.3    To be present in person at any disciplinary hearing and to be advised, ordinarily 2 days in advance, of the date, time and place of such hearing

3.1.4    To refer to written evidence supplied to the Disciplinary Committee prior to the hearing

3.2       If the Member is unable to attend the meeting, he/she should notify the Chairperson of the Disciplinary Committee in writing.

3.3       If the Member elects not to attend the meeting without good reason, the disciplinary hearing may proceed in his/her absence.

3.4       Unless the Disciplinary Committee otherwise directs, the procedure will be as follows

3.4.1    The Disciplinary Committee will identify all parties present

3.4.2    The Disciplinary Committee will outline the process to be followed

3.4.3    The terms of the Complaint will be read out by a member of the Disciplinary Committee and the Member facing the complaint will be asked to state his/her position as to  whether the complaint is admitted or denied

3.4.4    Any evidence will be considered by the Disciplinary Committee including any witness accounts or statements

3.4.5   The Member will be given the opportunity to respond and present his/her own case

3.4.6 Questioning of the parties or any witnesses called may only be directed by the Chair of the Disciplinary Committee acting fairly and reasonably

3.4.7 The Member will be given the opportunity to make closing remarks and final submissions

3.4.8 The disciplinary Committee will have time to consider any sanctions

3.4.9 Notification of the decision, including any sanctions with appropriate reasons, will be issued by the Chairperson of the Disciplinary Committee

1. APPEAL HEARING

4.1       Any appeal must be lodged within 7 days of the decision being notified to the Member.                   

4.2       An appeal will be lodged when a Notice of Appeal is received by the Club Secretary. The Notice of Appeal will be in writing, signed by the Appellant Member and will specify

4.2.1    The name of the Appellant Member

4.2.2    The decision appealed against

4.2.3    The specific grounds of appeal (including a statement as to whether or not the appeal concerns liability or is in relation to sanction only).

4.3       On receipt of the Notice of Appeal, the Club Secretary will notify the Committee who will then establish an Appeals Committee.  This will not include members of the Disciplinary Committee.  The Club Secretary will then forward all documentation pertaining to the Disciplinary hearing, to the Chair of the Appeals Committee.

4.4       The Chair of the Appeals Committee will communicate with the Appellant and set a time, date, and place for the hearing of the appeal.

4.5       Written notification of the decision of the Appeals Committee will be issued to the Appellant member within 7 days stating full reasons for the decision.

4.6       The decision of the Appeals Committee is final and binding.

1. SANCTIONS

5.1       No sanction will be imposed on any person or body in disciplinary proceedings unless the alleged misconduct against the person or body is proved on the balance of probabilities.

5.2       If a complaint is upheld against a Member, the Disciplinary Committee (and Appeals Committee) will have the power to impose the following sanctions

5.2.1    Admonishment

5.2.2    Reprimand/warning

5.2.3    Suspension from Club membership for a specified period of time (including competitions)

5.2.4    Suspension from specified Club activities for a specified period of time

5.2.5    Expulsion from Club membership whether for a period of time or on a permanent basis

5.2.6    Forfeiture of any competition and/or other points as specified;

5.2.7    A combination of any of the above.

5.3                   When a sanction is imposed consideration will be given to the following

5.3.1    Whether the sanction is reasonable and proportionate in all of the circumstances

5.3.2    That, where possible, periods of suspension be imposed by reference to specific dates rather than playing days e.g. 1 April to 1 June and taking into account playing consequences of suspension

5.3.3    Any sanctions imposed by the Disciplinary Committee remain in place until the outcome of any Appeal Hearing

1. GENERAL PROVISIONS

6.1       The hearing of proceedings by the Disciplinary Committee or the Appeals Committee will be recorded by the taking of minutes. 

6.2       Any notices or correspondence to be sent to any Member or person under these procedures will be sent by recorded delivery, first-class post or, if appropriate, secure electronic mail, to the last known address of that Member or person.  Notices and correspondence should be deemed to be delivered in relation to electronic mail and recorded delivery as the next day after sending and in relation to first-class post, on the second day after posting.  The relevant time period will begin on the deemed date of receipt.

6.3       Any matter not provided for within these rules will be considered and ruled upon by the Committee.

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