Adel War Memorial Association – Code of Conduct, Club Discipline & Appeals Process
Context
The company’s name is ADEL WAR MEMORIAL ASSOCIATION, its Company Registration Number is 09197946 and it is registered Charity Number 1161141 (“AWMA” or “Club”).
This document has been approved by the Directors of AWMA to implement a clear process to follow, whilst dealing with any misconduct issues and/or complaints within the Club environment.
AWMA is committed to providing an environment that is free of discrimination, harassment and/or intimidation for Members, Employees, Volunteers, Guests and Visitors.
Each Member, Guest and Visitor agrees, warrants and undertakes – in exchange for using the Club’s facilities – to act with utmost good faith in all of their dealings with every other Member and in all of their respective dealings with any Officer of the Club; and refrain from any act or omission, which might bring the Club into disrepute; and
comply with any protocol or guidance from any relevant sporting or other disciplinary body – including prompt payment of any fines or other liabilities imposed by any such body.
The requirements to act in good faith and not bring the Club into disrepute (“Obligations”) include a positive obligation upon each Member to: –
Use social media, email or any other form of electronic communication in a responsible fashion and to avoid criticism of any Member, Club Official or governing body of any relevant sporting or other disciplinary body;
Immediately disclose any matters which might cause the directors to review the Member’s use of Club facilities or Membership. That includes any situation where the Member has been charged with or convicted of any criminal offence, beyond any motoring penalties for speeding/parking.
The directors of the Club shall be entitled to impose such penalty as thought fit (including immediate or interim suspension or termination of membership, blocking access to Club facilities and/or financial penalty) after consideration of all relevant circumstances, for any breach of the Obligations.
Members, Guests and Visitors are all reminded that an acceptable standard of behaviour is expected in all areas of the Club and grounds at all times.
Upon use of Club facilities and/or payment of Membership fees, all Members and Guests are deemed to have given their consent to be bound by both the restrictions and penalties which may be imposed for any breach of the Club’s standards or serious misconduct in failing to meet the standards set in this Code of Conduct.
Members will be liable for any breach committed whether by themselves or their Guests.
Complaints
All complaints regarding the misconduct of Club members, including athletes, parents, coaches and officials, should be submitted in writing to the Club Secretary. Where the matter relates to the Club Secretary, any complaint should be submitted in writing to the Club Chair.
The content of any complaint should include specific details and supporting evidence in relation to: –
The infringement of any Club Rules or breach of the Obligations; or
any other offence or misconduct (including gross misconduct) by any Member or Guest; which might
reasonably be considered as bringing or having the potential to bring the Club or any Member into disrepute.
Disciplinary Action – Step 1
Upon receipt of a complaint or notification of any breach or misconduct, the Club Chair or Club Secretary will initially consider whether it can be dealt with informally and if so take such action as thought fit – including to seek appropriate advice.
A non-exhaustive list of examples of Misconduct Behaviour, that is generally deemed unreasonable or inappropriate include: –
Abusive or aggressive language or behaviour;
Use of recreational drugs;
Disobedience to those in authority or with responsibility;
Infringement of Club or sports governing body or other appropriate disciplinary body rules or Codes of Conduct;
Minor damage to property or equipment;
Misuse of equipment or facilities (including trespass);
Negligence;
A non-exhaustive list of examples of Gross Misconduct include more serious misbehaviour such as:
A Member or Guest being charged with or convicted of any criminal offence (save for minor motoring offences about parking fines or speeding) including any form of harassment whatsoever, assault or sexual assault, theft, fraud, drugs offences or any criminal offence, which is an either way offence triable either summarily or upon indictment. This is save that any conviction which is considered as spent under the Rehabilitation of Offenders Act 1974 may (in the discretion of the Chair/Secretary) be ignored.
Physical violence;
Bullying, harassment or any form of discrimination;
Serious damage to equipment or property;
Use of illegal substances;
Serious negligence, which might put others at risk;
Infringement of Health & Safety Rules or Policies, which may put others at risk;
Anything which might cause the Club’s insurance cover to be avoided;
Any act or omission, which might reasonably be perceived by the Directors of AWMA as potentially bringing AWMA, or any of its members, employees, volunteers and guests into disrepute.
Disciplinary Action – Step 2
Upon receipt of a formal complaint, the Club Secretary shall, having taken, and subject to, such advice as considered prudent to take in the circumstances, write to the Member or Members – at the email address held for such Member(s) by the Club – concerned to inform them of the complaint.
The Member(s) shall be invited to comment in writing/make any appropriate representations/provide any evidence in support of their arguments within seven days upon the relevant allegations.
Disciplinary Action – Step 3
On completion of Step 2, the Club Secretary will determine, having taken, and subject to, such advice as he or she considers it prudent to take in the circumstances, if the complaint has sufficient grounds and is capable of being pursued based on the evidence/statements provided. The Club Secretary may dismiss any trivial complaints at this stage. A formal reply will be given by the Club Secretary as to the reason for dismissing a trivial complaint.
If the matter is sufficiently evidenced a Disciplinary Process will be pursued. The Club Secretary will appoint 3 Directors to constitute a Disciplinary Panel (“Panel”), none of whom have had any direct interest or involvement in the matter. The Panel will consider the matter on receipt of the initial complaint and formal responses from the Member(s) involved.
The Panel will have the power to suspend temporarily from membership any Member accused of an offence or misconduct, pending further investigations or enquiries. This suspension shall be to facilitate the investigation and be without prejudice to the outcome of the investigation.
The Panel will make such further enquiries as it thinks fit and will offer a reasonable opportunity to any Member concerned, who may be accompanied by a supporter/legal adviser, if so desired, to meet with the Panel and answer the allegations. The Panel can consider evidence (whether given orally/in writing only) from such witnesses as are reasonably produced.
The Disciplinary Panel will have full unfettered discretion to apply such procedural provisions as it thinks necessary for the just and efficient disposal of the case.
If the Disciplinary Panel is satisfied that an offence of misconduct – whether gross or not – has been committed by a Member, then it may impose one or more of the following actions:
make a note of the offence or misconduct but take no further action;
formally warn the Member concerned as to future conduct;
suspend or disqualify the Member from club athletic competition, club coaching and/or administration and/or use of the Club’s premises for some definite or indefinite period;
recommend to the relevant governing or other disciplinary body that the Member be disqualified from any involvement in athletics for some definite or indefinite period; and/or;
terminate the membership or such other penalty as the Disciplinary Panel considers appropriate including notifying Police and/or taking legal action.
Order the Member to pay any costs incurred by the Club in relation to the Panel.
If the complaint is deemed malicious, the Panel has the right to suspend or disqualify the complainant from the Club.
Notification of decision
All parties concerned will be provided with the Disciplinary Panel’s formal written outcome notification (by hand or by an email to the Member(s) concerned) within seven days of the decision.
The letter notifying the decision of the Disciplinary Panel shall also set out the right to Appeal.
The accused and/or the Complainant, may appeal against the decision of the Disciplinary Panel/Hearing, by serving a Notice of Appeal upon the Club Secretary and paying an appeal fee of £100 within seven calendar days of receiving the written decision.
The Notice of Appeal must state the grounds on which the verdict of the Disciplinary Panel is challenged, but any new evidence shall only be admissible with prior permission of the Club Secretary.
The Club Secretary shall acknowledge any Notice of Appeal within seven calendar days of its receipt.
Appeal Panel
The Club Secretary shall appoint an Appeal Panel of three Directors (or Members approved by the Directors to sit on an Appeal Panel) who have not been involved directly, either in the events giving rise to the Panel, or in the initial Disciplinary Hearing itself.
The Club Secretary shall inform all parties concerned of the composition of the Appeal Panel. Either party may object to the composition of the Appeal Panel by notifying the Club Secretary of the Objection and setting out the reasons for such an Objection no later than three calendar days from the date of being informed of the composition of the Panel.
The Club Secretary, within seven calendar days from the date of receipt of an Objection, will notify in writing the parties that either:
the composition of the Panel has changed – in which case the Club Secretary shall provide details of the new Appeal Panel; or
the composition of the Panel has not changed, in which case the Club Secretary shall give reasons why it has not accepted the Objection.
Within fourteen calendar days from the date the Club Secretary responds to the Objection above (as appropriate), the Club Secretary shall give such directions to all parties that include :-
the date and place at which the Appeal Panel will meet to determine the Appeal.
whether the appeal will proceed by way of written submissions on paper alone or at an oral hearing (save that oral evidence can only be called with the permission of the Appeal Panel); and
whether the parties should be required to submit statements of their evidence and/or written submissions prior to the hearing and, if so, a timetable for doing so; plus
the procedure for exchanging such statements and written submissions.
Appeal Process:
The Appeal Panel shall meet on the date fixed by the Club Secretary. The Appeal Panel may at its sole discretion disregard any failure by a party to adhere to this appeal procedure and may give such further directions as may be appropriate.
The Appeal shall be by way of a true appeal and not as a re-hearing.
Any appeal hearings shall be in private unless all parties agree otherwise, or unless the Appeal Panel directs.
The Appeal Panel shall have power to make a decision on the facts as it thinks fit and may:
quash the original decision;
Confirm the original findings;
Decide that the case be reheard before a new Panel which it shall appoint;
increase the original sanction;
abate the original sanction;
The Appeal Panel shall inform all parties of its decision within fourteen calendar days together with written reasons for its decision. The decision of the Appeal Panel shall be final.
The Appeal Panel may decide upon any issue by majority.
A supporter can be a legal representative, who must be named, and may accompany the Complainant/Accused throughout the appeal process.
Records, co-operation and miscellaneous
The material considered by and decisions – including any sanctions – of any Disciplinary Panels/Hearings, including Appeal Panels/Hearings, shall be recorded and may/may not be published or communicated to any third parties save as the relevant Disciplinary Panel or Appeal Panel might direct.
The procedures described in these Discipline Procedures assume that all parties will co-operate in the interest of resolving the issue in question as expediently as is possible. In the absence of such co-operation, or if it is withdrawn at any stage, the Club reserves the right to proceed with a Hearing or an Appeal based on such evidence and information as it can obtain.
When dealing with a complaint, the Club Secretary or nominated Club representative shall be entitled to take, or omit to take, such action as is recommended pursuant to such professional advice as the Club Secretary reasonably believes is competent to provide such advice.