Disciplinary Procedure

 

Disciplinary Procedure

Club Name: – Isle of Wight Freshwater Angling Company

Review Date: – 14.11.2019

General

Disciplinary matters, applying to all matters of Isle of Wight Freshwater Angling Company. (hereinafter referred to as the Company), will be dealt with by the Directors of the Company. All members of the Company 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 members, including expulsion without notice, may be taken for offences of misconduct or breach of company’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 Company
  • Has the right to representation
  • No member will be expelled for the first breach of Company’s rules except in cases of “gross misconduct”. However all disciplinary actions taken by the (Company) 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 Directors 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 written warning from the Directors together with a demand for full and appropriate corrective action. Examples of offences that may be considered misconduct include: –

  • Discourteous, crude or offensive behaviour .
  • Conduct of an unsafe nature
  • Offensive disregard for equipment or property
  • Refusal to carry out reasonable instructions issued by a Director, Company Bailiff, event officials or organisers

-Failure to comply with or adhere to the relevant code of conduct for their position within thecompany

 

  • Any other actions of similar gravity to the above, at the discretion of the Directors.

 

Repetition of the above offences or failure or comply with any demands made in writing by the Directors may result in further action by the Directors involving a disciplinary hearing.

“Serious Misconduct” is the carrying out of an offence of such gravity that in the opinion of the Directors it warrants a 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 company 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 on Company property 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 Directors may bring the sport or the Company into disrepute, or which left unpunished, may result in the detriment of the Company or its members.

“Gross Misconduct” is action of such seriousness that the Directors will require the immediate expulsion of the offender from the association. The Directors 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 on any Company premises or at a Company 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 Company, its members or any other party.

2. Disciplinary Procedure

On receipt of a written complaint from a member, an other team or organization or any person lawfully on Company property, the Directors, will decide whether the complaint falls within the scope of this disciplinary code. If in their opinion it does, then the Directors 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 Company Secretary will write to the offender with a formal written warning including the demand for an apology or other corrective action the Directors may deem appropriate. The Directors will also attempt to obtain approval for their action from the complainant.

A disciplinary file will be opened by the Directors 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 Directors decision in which case they may appeal directly to the Directors for a final decision.

Should the complaint be considered by the Directors as one of serious misconduct, then the following procedure will be implemented: –

  • The Directors 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 Directors
  • 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 Directors will attempt to resolve the situation amicably and to the mutual satisfaction of the partiesconcerned
  • 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

  1. Disciplinary Hearing
  • The hearing can be conducted with a minimum of 5 Directors, one of whom will be appointed Chairman of the hearing. All questions will be addressed through the Chairman, who when appointed, will have the casting vote.
  • 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 Directors may adjourn the hearing to allow further evidence to be referred to if the Directors considers it fair to do so.
  • After the Directors 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.
  1. Penalties

Following the hearing, the Directors will apply such penalties as the Directors consider appropriate, including temporary or permanent expulsion of the offender form the company, such penalties will  have immediate effect, notwithstanding the possibility of an appeal in accordance with Section 5 under noted. In the event of the member being expelle, no refund of any membership fee will be made. Offences of cheating or being under the influence of alcohol or drugs or those involving threats of physical violence, will carry automatic expulsion from the Company and will preclude the offender from taking part in any Company organised activity in an official capacity. The Company will in all cases comply with the requirements of the Governing body including immediate notification of the police where required.

  1. 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 Company 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 3 Directors who did not take part in the first hearing.  One of the Directors will be appointed as Chairman of the hearing, who will have the casting vote

New evidence cannot be presented at the appeal hearing. The Appeal Directors shall have power to amend or revoke any decision made at the previous disciplinary hearing.

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