Last reviewed 17th March 2021 by N Smaller Chair
Disciplinary matters, applying to all members of the Lincolnshire Quadrathlon Club, or more commonly known as Lincsquad, will be dealt with by the Management Committee.
All members of Lincsquad agree to fully comply with this Code of Conduct and be bound by its terms as under noted. Disciplinary action against Club members may be taken for offences of misconduct or breach of the club 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 Lincsquad.
- Has the right to appeal against the judgement or the Management Committee’s decision in all disciplinary matters.
- Has the right to representation at a hearing.
- No member will be expelled for the first breach of the Club’s rules except in cases of “gross misconduct”. However all disciplinary actions taken by Lincsquad will be duly recorded and placed on file for reference at a future date.
1. Offences leading to Disciplinary Action
The actions listed below by Club members may be interpreted by the Management 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 by a Club member considered to be of a minor nature (unless frequently repeated) and will normally incur a written warning from the Management Committee together with a demand for full and appropriate corrective action. Examples of offences that may be considered misconduct include:
- Discourteous, crude or offensive behavior.
- 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 comply with or adhere to the relevant Code of Conduct for their position within Lincsquad
- Any other actions of similar gravity to the above, at the discretion of the General Committee.
Repetition of the above offences or failure or comply with any demands made in writing by the Club’s Committee may result in further action involving a disciplinary hearing.
“Serious Misconduct” is the carrying out of an offence by a Club member of such gravity that in the opinion of the Management Committee 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 persistent 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, unless it is dealt with by the relevant policy applicable to an individual sport.
- 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 Management Committee may bring Lincsquad into disrepute, or which left unpunished, may result in the detriment of Lincsquad or its members.
“Gross Misconduct” is action by a Club member of such seriousness that the Management Committee will require the immediate expulsion of the offender from Lincsquad. The Management Committee may 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 decision. Examples of gross misconduct are:
- Physical violence or 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.
- Other acts that are considered to be of an extremely serious nature perpetuated against Lincsquad, 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. This process should be followed if the matter cannot be adequately dealt with by the relevant policy applicable to each sport.
2. Disciplinary Procedure
On receipt of a complaint from a member, the Management Committee will decide whether the complaint falls within the scope of this disciplinary code. If in their opinion it does, then the Management Committee 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 Management Committee may deem appropriate. The Management Committee will also attempt to obtain approval for their action from the complainant.
A disciplinary file will be opened by the Management Committee 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 Management Committee’s decision in which case they may appeal directly to the Management Committee for a final decision.
Should the complaint be considered by the Management Committee as one of serious or gross misconduct then the following procedure will be implemented;
- The Management Committee 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 invited to attend and give evidence. Such attendance would ordinarily be appropriate but the decision maker could decide that this is not required.
- Contact the member subject of the complaint to advise of the official complaint and request the member to submit a written statement of events.
- The member will be entitled to see a copy of the complaint.
- In cases of disputes of a personal nature, the Management Committee 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.
- 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.
3. Disciplinary Hearing
- The Club Secretary, or appointed person, shall take charge of the hearing and all questions will be addressed through the Secretary.
- A disciplinary committee will be appointed.
- 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.
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. Lincsquad will in all cases comply with the requirements of the Child Protection Policies including immediate notification of the Police where required.
If an appeal against the decision or penalty is to be made then written notice of appeal must be given by the offender, within 14 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
An appeal hearing will be convened as soon as practicable and will consist of an Appeal Committee of 3 members of the Management Committee who did not take part in the first hearing and who will elect their own Chairperson (who will have the casting vote).
The Appeal Committee shall have power to amend or revoke any decision made at the previous disciplinary hearing. The decision of the Appeal Committee is final and binding on the parties.