Template Disciplinary Procedure

Club Name: -
Review Date: -

General

Disciplinary matters, applying to all matters of (insert club name here).

(Further referred to as the Club), will be dealt with by the Elected Officers of
the Club in the first instance and if necessary subsequently by the Full
Executive Committee and if appointed a Disciplinary Committee. All members
of the Club agree to fully comply with this code of conduct and specific codes
of conduct for their role and be bound by its terms as under noted.

Disciplinary action against Club members, including expulsion without notice,

may be taken for offences of misconduct or breach of club’s rules. However it
is recognised and accepted that every member

- Has the right to expect fair and consistent treatment

- Has the right to adequate notice from the Club
- Has the right to appeal against the Club Secretary’s judgement or
Disciplinary Committee’s decision in all disciplinary matters.
- Has the right to representation
- No member will be expelled for the first breach of Club’s rules except in
cases of “gross misconduct”. However all disciplinary actions taken by
(insert your club name here) will be duly recorded and placed on file
for reference at a future date.

1. Offences Leading to Disciplinary Action

The under noted actions by members may be interpreted by the Executive

Committee to fall within this Code. However the lists are not to be
considered as fully inclusive or covering all possible offences.

“Misconduct” is the carrying out of an offence considered to be of a minor

nature (unless frequently repeated) and will normally incur a (Please
insert appropriate amount of fine e.g. £5) fine and a written warning
from the Elected Officers together with a demand for full and appropriate
corrective action. Examples of offences that may be considered
misconduct include: -

- Discourteous, crude or offensive behaviour at games, training session

or organised Club event.
- Conduct of an unsafe nature
- Offensive disregard for equipment or property
- Refusal to carry out reasonable instructions issued by event officials or
organisers
- Failure to attend or participate in events or meetings organised by the
Club
- Failure to comply with or adhere to the relevant code of conduct for
their position within the club
- Any other actions of similar gravity to the above, at the discretion of the
Elected Officers.

Repetition of the above offences or failure or comply with any demands

made in writing by the Elected Officers may result in further action by the
Elected Officers involving a disciplinary hearing.

“Serious Misconduct” is the carrying out of an offence of such gravity that

in the opinion of the Elected Officers it warrants a (Insert name of club
here) disciplinary hearing. Examples of offences, which may be
considered as serious misconduct include: -

- Misconduct offences above if specially grave or repeated

- Deliberate or consistent breaches of club rules
- Any attempt to achieve gains or advantage over others by unfair or
unscrupulous means
- Theft or misappropriation
- Use of threatening or abusive behaviour
- Participating in the sport whilst under the influence of drugs or alcohol
- Malicious interference with equipment or property
- Disregard for one’s own or other people’s safety
- Any other action, which in the opinion of the Club Officers may bring
the sport or (insert name of club here) into disrepute, or which left
unpunished, may result in the detriment of the Club or its members.

“Gross Misconduct” is action of such seriousness that the Elected Officers

will require the immediate expulsion of the offender from the association.
The Elected Officers may by means of an executive decision summarily
expel such an offender without invoking a disciplinary hearing. The
expelled member will have the right to a disciplinary hearing as soon as
this can be arranged but will remain expelled until and unless such a
hearing overturns the executive decision. Examples of gross misconduct
are:-

- Physical violence of assault towards other persons at a Club event or

related activity, including serious threatening, intimidating or forceful
behaviour
- Reckless disregard of safety and basic safety rules
- Being convicted of criminal offences involving physical violence or
abuse
- Other acts that are considered to be of an extremely serious nature
perpetuated against the Club, its members or any other party.

Child Protection – if the matter relates to a child protection issue follow the
child protection procedures for dealing with a complaint then follow
disciplinary procedure after outcome has been reached. If in doubt
contact the local social services duty team for advice on how to deal with
the complaint and the offender.
2. Disciplinary Procedure

On receipt of a written complaint from a member, an other team within the

sport, the governing body, the league/match organisers or any other party
the Elected Officers with advice from a Legal Advisor should they so wish,
will decide whether the complaint falls within the scope of this disciplinary
code. If in their opinion it does, then the Elected Officers will decide as to
the type of offence as per (section 1) above.

If the offence is considered to be one of simple misconduct, the Club

Secretary will write to the offender with a formal written warning including
the demand for an apology or other corrective action the Elected Officers
may deem appropriate. The Elected Officers will also attempt to obtain
approval for their action from the complainant.

A disciplinary file will be opened by the Elected Officers in which will be

placed copies and records of the original complaint, together with the
written warning and any other correspondence.

The action outlined above will normally finalise the process unless any of
the parties involved object strongly to the Elected Officers decision in
which case they may appeal directly to the Executive Committee for a final
decision.

Should the complaint be considered by the Elected Officers as one of

serious misconduct, then the following procedure will be implemented: -

- The Elected Officers will appoint an Investigating Officer who will

research evidence presented and, if possible, will obtain further written
evidence, witness statements, etc.
- If necessary the Investigating Officer will consult all relevant witnesses
for supportive evidence
- Advise complainant that if a disciplinary hearing is called, then the
complainant and all relevant witnesses will be obliged to attend and
give evidence. (Non attendance at a hearing will only be allowed in
extenuating circumstances, i.e. Ill-health, threat of violence or
intimidation etc). In such circumstances/instances a sworn declaration
must be submitted to the Executive Committee
- Contact the member subject of the complaint to advise of the official
complaint and request the member to submit a written statement of
events
- In cases of disputes of a personal nature, the Elected Officers will
attempt to resolve the situation amicably and to the mutual satisfaction
of the parties concerned
- If settlement cannot be agreed between the parties, or if the offence
merits it, then a disciplinary hearing will be arranged as soon as
possible
- Contact the Club’s Legal Advisor if required and supply copies of all
evidence
- Notify all parties as to the hearing date and ensure the parties have all
relevant copies of paperwork in good time prior to the hearing, copies
to be sent by 1st class recorded delivery

3. Disciplinary Hearing

- The Clubs Secretary shall take charge of the hearing and all questions
will be addressed through the Secretary
- A disciplinary committee will be appointed which will consist of: -
1. the club chair person
2. two members of the Executive Committee
- The club will appoint a case presenter, who will normally be the
Investigating Officer
- All witnesses to be interviewed and all written evidence to be reviewed
at the hearing.
- No witnesses or statements can be introduced at the hearing without
prior notice and copies of all written evidence produced for
consideration prior to the hearing, to be available in advance to the
parties
- The Disciplinary Committee may adjourn the hearing to allow further
evidence to be referred to if the disciplinary committee considers it fair
to do so.
- After the Disciplinary Committee has reached a decision, the subject of
the complaint to be notified in writing of such decision and informed of
any penalties within 7 days of the decision being reached, penalties will
be effective from the date of the decision.

4. Penalties

Following the hearing, the Disciplinary Committee will apply such penalties
as the Disciplinary Committee consider appropriate, including temporary or
permanent expulsion of the offender form the club, such penalties will
have immediate effect, notwithstanding the possibility of an appeal in
accordance with (Section 5) under noted. Offences of cheating or being
under the influence of alcohol or drugs during a club training sessions or
match or those involving threats of physical violence, will carry automatic
expulsion from the club and will preclude the offender from taking part in
any (Insert name of club here) organised activity in an official capacity.
The club will in all cases comply with the requirements of the Governing
body and club child protection policies including immediate notification of
the police where required.

5. Appeals

If an appeal of the decision or penalty is to be made then written notice of

appeal by way of 1st class recorded delivery to the Club Secretary must be
given by the offender, within 28 days of being notified of the decision. No
appeal will be valid or considered after that period has elapsed. It will not
be sufficient to state “I wish to appeal”, the offender must give full written
grounds for the appeal, stating exactly what is being appealed against and
the reasons for this. An appeal together with full and recorded argument
may be considered relative to: -

- the decision
- the penalty
- other

An appeal hearing will be convened as soon as practicable and will consist

of an Appeal Committee of 3 members of the Executive Committee who
did not take part in the first hearing and who will elect their own
Chairperson (who will have the casting vote).

New evidence cannot be presented at the appeal hearing. The Appeal

Committee shall have power to amend or revoke any decision made at the
pervious disciplinary hearing.

The decision of the Appeal Committee is final and binding on the parties
and not subject to further appeal.