CLUB DISCIPLINE AND COMPLAINTS PROCEDURES

INTRODUCTION

This document is designed to assist the Club and its members in handling discipline, disputes and complaints. With the introduction of the Code of Ethics and the increased risk of litigation, it is important that internal disputes are handled correctly from the onset. Occasionally it is necessary to discipline swimmers for minor incidents or misbehaviour, and this can be done fairly by the Club Coach or the relevant responsible Officer present. However, most clubs do from time to time have disputes between Committee members, parents and swimmers, and these also can usually be resolved amicably between the individuals concerned.

Amateur Swimming Association Judicial Laws 105 / 106 defines Protests and Complaints and it should first be decided whether the matter is a Protest or a Complaint. A Club can deal with a 'Protest', provided that it is the Promoter of the Competition to which the 'Protest' relates. A Club cannot deal with a Complaint. However, it’s often possible to resolve a dispute within a Club without the matter becoming a formal Complaint. If either party is dissatisfied with a decision reached in an internal Club dispute then they still have the option to make a formal Complaint to Swim Wales

Sometimes a more serious dispute arises in a Club and because such a situation does not occur frequently, the Club is unsure on how to handle the matter. This can lead to the dispute becoming more serious with recourse to the judicial procedures becoming necessary. It must be noted that the Club only has the power to legislate for a breach of its own rules and can only suspend a swimmer from its own activities. The Club does not have the power to handle a dispute relating to a member of another club.

The key principle to be followed is that the Club conforms to the law of the land in so much that an individual accused of an alleged offence is innocent until proven guilty and he / she must have reasonable opportunity to present a defence and have his / her views heard. Therefore, the message when dealing with disputes is to ensure that:

a. All parties are treated fairly.

b. The complainant has the opportunity to present the case.

c. The accused has the opportunity to respond.

The Club shall have power to expel a member when, in its opinion, it would not be in the interests of the Club for him / her to remain a member.

These guidelines do not apply to paid employees of the Club. If the Club is in dispute with a paid employee, then the employment contract and employment law needs to be considered. Specialist legal advice may have to be sought.

COMPLAINT OR GRIEVANCE BY A MEMBER, OR THE MEMBERS PARENT / GUARDIAN

1. Any complaint or grievance by a member, or the members parent I guardian, shall be made to the Club Secretary not later than seven days after the incident (or series of incidents) to which the complaint refers. After this period, the Club without further consideration or appeal shall dismiss a complaint, unless good reason is shown why it could not have been brought within the period of seven days.

2. The Club Secretary must receive full details of the complaint or grievance from the member, or the members parent I guardian.

3. The Club Secretary should immediately inform the Club Chairperson, or the Vice-Chairperson if unable to contact the Chairperson, of the complaint or grievance.

4. The Chairperson should proceed in accordance with the Internal Club Dispute procedures.

5. If the complaint or grievance is made regarding another member, the Club Secretary must inform the member whom the complaint is being made against as soon as possible after receipt of the complaint, but not later than seven days.

CLUB DISCIPLINE

1. There are occasions when a problem arises in a Club, for example fighting between members in a training session, or a member(s) misbehaving or causing disruption in a training session, where immediate action is required. Examples of such action would be temporary suspension or exclusion from a training session, or from wider club activities.

2. Coaches and Officers are given the power to invoke a temporary suspension or exclusion, when in their opinion such action is in the interest of the Club and I or its members.

3. In instances where temporary suspension or exclusion has been imposed, the Coach or the responsible Officer should report the incident (or series of incidents) within seven calendar days to the Club Secretary, or to the Chairperson, if the Secretary was the responsible Officer imposing the punishment.

4. The Club should keep a register of offenders, stating details of the offence and of the punishment

5. If the same member continues to offend, the Club Secretary should then treat it as a dispute between the Club and the member and follow the Club procedures on Internal Club Dispute in an attempt to resolve the issue.

INTERNAL CLUB DISPUTE

It is assumed for the purpose of these procedures that the dispute is between the Club and one or more of its members. It is important that the same people in the Club do not become both the prosecutor and the judge, or the defender and the judge. If the Committee or its Officers are either the prosecutor or defender, or involved in the dispute, then they must find other members not connected with the matter to hear the evidence from both parties to the dispute.

Procedures

1. On receipt of the dispute, The Club Secretary should inform the Chairperson who should ensure that every effort is made to resolve the matter by informal discussion.

2. If this fails, the Chairperson is empowered to appoint an independent arbitrator to assist in achieving a settlement.

3. If this fails or it is clearly necessary to discipline a member, the Club should set up a Disciplinary Committee to deal with the matter.

DISCIPLINARY COMMITTEE

The Committee should consist of three persons with one to act as Chairperson. A Secretary may also be needed. The Committee will need to consist of people not involved in the dispute, and the Club may want to ask individuals from outside the Club to sit on the Panel. The full Club Committee could hear the dispute, but given the number of people on a Committee, this could be seen as intimidating and it is usually preferable to have a smaller number of people to hear a disciplinary matter, hence the recommendation to set a Disciplinary Committee of three persons.

The Club Chairperson should notify both parties of the date, time and place of the hearing and the names of the Disciplinary Committee members.

Both parties should be given copies of all the papers and every effort should be made to hold the hearing within fourteen days of the receipt of the dispute.

If either party is aged sixteen years of age or less, then they must be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them present their case. It is advisable, but not mandatory, that the Disciplinary Committee does not hear any charge against a member of the Club aged sixteen or less unless their parent or guardian is present such parent or guardian shall be allowed to speak as well as the said member. Any other Club member aged seventeen or over against which a disciplinary charge has been made, shall have the right to have one other member of the club present with them at the hearing, and such additional members shall have the right to speak.

Both parties should be allowed to bring witnesses.

The hearing should be as informal as possible but needs to be controlled. Points to note:

1. The Complainant should present evidence first and the accused should have the right of reply.

2. Both parties to the dispute should be able to call witnesses, the Complainant going first and each party should be allowed to question the other party's witnesses.

3. Witnesses should wait outside the hearing room until they are called. After questioning they should wait in the hearing room, taking no further part in the proceedings.

4. The Chairperson or Secretary should make notes of the hearing, and the Disciplinary Committee should make every effort to announce their decision verbally to all parties without delay, followed by written confirmation to reach all parties within seven days.

The Committee may take any one or more of the following decisions in relation to the complaint The Committee shall have power to:

1. Fine
2. Give Written Warning
3. Suspend
4. Expel