Disciplinary Procedures

Policies
Version 1
Status SGM Approved
Date 17th March 2018

NOTE
These rules were originally included as Appendix 1 to the new Constitution agreed at the Special General Meeting on 19 March 2018.

The Charity Commission believed that they should form a stand-alone policy document and not form part of the Constitution, so at their request they were removed from the Constitution and are shown here separately.

Richard Rees 17th May 2018

BRADGATE BRIDGE CLUB

DISCIPLINARY RULES

  • Requirements of the Schedule
    1. This Schedule is referred to under clause 26 of the Constitution of the Bradgate Bridge Club (hereafter referred to as the Club) and prescribes the powers and procedures for enforcement.
    2. It will comply with and follow the EBU disciplinary procedures and any variations thereof that are made from time to time.
    3. The Club shall act through its Conduct and Disciplinary Committees for the enforcement of standards prescribed in clause 26(b) of the Constitution.
    4. The Club shall have additional powers as set out in the clauses below.
  • Receipt of allegation
    1. Any person making a complaint against one or more members of the Club, must do so in writing to the Secretary or the Chairman of the Club.
    2. Normally no action will be taken in respect of a complaint relating to an alleged offence which occurred three months or more prior to a formal complaint in writing being made to the appropriate officer.
  • Conduct Committee
    1. The Charity Trustees shall appoint a Conduct Committee through its powers to appoint sub committees under clause 18 of the Constitution.
    2. The Conduct Committee shall be responsible for investigating complaints against the Club’s members and for determining whether a disciplinary offence should be referred to the Club’s Disciplinary Committee.
    3. The Conduct Committee shall consist of no fewer than three and no more than five members of the Club.
    4. A quorum for any meeting shall be three of its members.
    5. It shall act by simple majority vote and its appointed chairman, or whomsoever in his absence the Conduct Committee shall select to chair its meeting, shall have a casting vote in the event that there is parity of voting.
  • Disciplinary Committee
    1. The Charity Trustees shall appoint a Disciplinary Committee through its powers to appoint sub committees under clause 18 of the Constitution.
    2. The Disciplinary Committee shall: determine sanctions for offences admitted by the defendant; hear charges of offences; determine whether those charges are proved; and, if proved, determine the sanction imposed.
    3. The Disciplinary Committee shall consist of no fewer than three members of the Club and no more than five.
    4. At least three of its members must be present when it makes a decision to uphold a complaint and impose sanctions on the offending member.
    5. It shall act by simple majority vote and its appointed chairman, or whomsoever in his absence the Disciplinary Committee shall select to chair its meeting, shall have a casting vote in the event that there is parity of voting.
  • Conflicts of Interest and Independence of the Conduct and Disciplinary Committees
    1. Any member of either the Conduct or Disciplinary Committee who is in any way personally involved in the allegations within a complaint will be disqualified from participating in either Committee’s handling of the complaint.
    2. A member of the Club cannot be a member of both the Conduct and Disciplinary Committees.
  • The Complaints Process
    1. Notice of Meetings
      1. Subject to the provisions of clause 2 hereof where a written complaint is made, or a matter otherwise comes to the attention of the Conduct Committee, it shall first consider whether such complaint or matter falls within the scope of these Disciplinary Rules and whether further action is warranted.
      2. If it does, the Conduct Committee secretary shall first write to the Defendant, seeking the Defendant’s comments on the substance of the complaint or matter that has been raised.
  • The Conduct Committee shall also be entitled to make such further investigations and enquiries as it in its absolute discretion considers appropriate.
  1. The Conduct Committee shall also be entitled to seek advice both from within the Club and from the EBU Laws and Ethics Committee, and to obtain external legal advice.
  1. Complaint not justified
    1. If the Conduct Committee decides that the complaint is not justified, all parties shall be notified and the matter ended.
  2. Complaint justified
    1. If the Conduct Committee decides that the complaint is justified, it may, in its absolute discretion, offer a verbal caution to the offending member, which if accepted, ends the matter.
    2. If the caution is not accepted by the offending member, or the Conduct Committee does not feel a caution is appropriate, it shall refer the case to a hearing by the Disciplinary Committee.
  • The Defendant shall be notified, in writing and within 14 days, of this decision and of his right to make a written submission to the Disciplinary Committee and to attend the hearing.
  1. The Defendant shall have the right to be represented by legal counsel of his choice or may be accompanied by a person to speak on his behalf.
  2. The Disciplinary Committee shall give at least 14 days’ notice of the hearing to the Defendant.
  • Disciplinary Committee’s Sanctions
    1. If after the hearing the complaint is upheld, the Disciplinary Committee may in its absolute discretion:
      1. give a written reprimand to the offending member;
      2. suspend the offending member from all or some of the competitions sponsored or licensed by the Club for such period as it shall determine; or
  • expel the offending member from the Club.
  1. If the complaint is against a Charity Trustee, then in addition to any other sanctions applied, the Disciplinary Committee shall have the power to suspend such member from taking part in the management of the Club or acting on any of the Club’s sub committees for such a period that it shall determine.
  2. Any sanctions imposed by the Disciplinary Committee must be communicated to the offending member in writing within 21 days of the hearing.
  3. Any sanction imposed by the Disciplinary Committee shall take effect as soon as time for appeal has elapsed, except that if the Defendant has filed Notice of Appeal within the time allowed the sanction shall not take effect until such Appeal has been determined
  • Appeal
    1. Every Defendant found guilty of an offence by the Club Disciplinary Committee has the right to appeal to the LCBA Disciplinary Committee.
    2. Appeals must be in writing and lodged with the Secretary of the Association within 21 days of the written communication of the Club’s Disciplinary Committee’s decision to the Defendant.
  • Referral to the EBU Laws & Ethics Committee
    1. At any time the LCBA Disciplinary Committee may refer a complaint to the EBU Laws & Ethics Committee for its consideration. In doing so the LCBA Disciplinary Committee shall have fully discharged its responsibilities under this Schedule.

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