DISCIPLINARY PROCEDURES
Rugby Bridge Club’s Disciplinary Procedures may be invoked when there has been a breach of conduct (eg in relation to the English Bridge Union’s ‘Best Behaviour at Bridge’) and a formal complaint is made to the Chairman of the Management Committee, or when a case is referred by the Tournament Director of a particular session. It should be seen as a last resort when other efforts to resolve an issue have failed.
The procedures are as follows:-
1. The intention of these procedures is to follow the principles of natural justice so that any accused member has a fair opportunity of answering the allegations against them and is kept properly informed at every stage. The procedures are consistent with the law and practice of the English Bridge Union (EBU).
2. A Disciplinary Panel of at least twelve members shall be elected at each Annual General Meeting.
3. All RBC members who are also on the RBC Tournament Directors’ list, except those who are members of the Management Committee, shall be automatically elected to the Disciplinary Panel. If this results in fewer than twelve members on the Disciplinary Panel any member of the Club except those who are members of the Management Committee may be elected at an AGM, or co-opted by the Management Committee, to serve on the Disciplinary Panel.
4. Only written complaints will be considered. When one is received it must be passed immediately to the Chairman of the Management Committee. If the Chairman decides that the complaint is not trivial he shall appoint a Conduct Committee of three members from the Disciplinary Panel to investigate the specific complaint. One of these three members must be appointed as the Chairman of the Conduct Committee (CC Chairman).
5. Throughout the proceedings any Conduct Committee members who find themselves in any way personally involved in the allegations must disqualify themselves. Conduct Committee members may disqualify themselves for personal reasons and should do so if they have discussed the subject with any of the parties involved or have received information that is not, or will not become, generally available to the Conduct Committee.
6. The CC Chairman will send a copy of the complaint to the accused(s). If the complaint contains material not directly related to the complaint, or for example potentially defamatory comments, only an extract of the relevant part of the complaint need be sent. The CC Chairman will request a written response from the accused(s).
7. When the response has been received the Conduct Committee must deliberate in private. If the Conduct Committee decides that the complaint should be dismissed it shall give its reason(s) in writing to all the accused and all complainants and to the Chairman of the Management Committee.
8. If the Conduct Committee decides that there appears to be a case to answer, and a need for a formal enquiry, the Conduct Committee shall obtain further statements from other relevant people, eg the Tournament Director and witnesses named in the complaint. Each member concerned must then be told that a formal enquiry (a hearing) is to be held. They must be informed in writing, by recorded delivery if necessary.
9. The notice of a hearing must also include:
a) a summary of the allegations made.
b) the names of complainants.
c) the names of persons who have agreed to be called as witnesses.
d) a copy of all evidence to be considered at the hearing.
e) a copy of any relevant parts of the current Constitution and of these Disciplinary Procedures.
10. Although it is desirable that all parties should be actively involved in the proceedings, the Conduct Committee cannot insist that this should happen. Each complainant and the accused must be made aware of their right to be represented and to call witnesses at their own expense. A selection of dates and times must be offered to all parties. If reasonable efforts are unsuccessful in finding an agreed date and time, the Conduct Committee should offer a final date, time and venue and proceed, if necessary, without the presence of any person concerned. The date, time and venue must be confirmed in writing, by recorded delivery if necessary, to all parties.
11. At the hearing, each complainant, the accused and their representatives must be allowed to be present throughout and must be offered the opportunity to question any witnesses. The hearing shall be documented by the Conduct Committee.
12. The Conduct Committee must deliberate in private. If the Conduct Committee decides that the complaint should be dismissed it shall give its reason(s) in writing to each accused and each complainant and to the Chairman of the Management Committee.
13. If the complaint is upheld the Conduct Committee shall consider what penalty (if any) should be imposed. It should document its findings and recommendations and the CC Chairman shall send them in writing to all the accused and all complainants and to the General Secretary of the Management Committee.
14. These recommendations may include but are not restricted to:
a) reprimanding the member orally.
b) reprimanding the member in writing.
c) barring the member from all, or such as it shall specify, of the events and activities run by Rugby Bridge Club for such period as the Conduct Committee shall determine.
15. Each of the accused must also be informed by the CC Chairman of their right of appeal to the General Secretary of the Management Committee against the finding(s) and recommendation(s) within 21 days of the posting date of the letter. They must be told that the Management Committee will then review all the evidence and may find differently from the Conduct Committee and may also increase or decrease the penalty imposed. This right of appeal is termed the First Appeal.
16. If an appeal is not made within the specified 21 days the General Secretary of the Management Committee will bring before the Management Committee the findings and recommendations of the Conduct Committee and the Management Committee shall decide whether or not to implement the recommendations, taking into account any other relevant factors.
17. If an appeal is made within 21 days the Management Committee will review all the evidence and may ask the complainant and the accused to give evidence orally.
18. Each complainant and the accused must be made aware of their right to be represented and to call witnesses at their own expense. A selection of dates and times must be offered to all parties. If reasonable efforts are unsuccessful in finding an agreed date and time, the Management Committee should offer a final date, time and venue and proceed, if necessary, without the presence of any person concerned. The date, time and venue must be confirmed in writing, by recorded delivery if necessary, to all parties.
19. As with the First Appeal, each complainant, the accused and their representatives must be allowed to be present throughout and must be offered the opportunity to question any witnesses. The hearing shall be documented.
20. The Management Committee must deliberate in private. Thereafter each of the accused, complainant and witnesses must be informed by the General Secretary in writing, by recorded delivery if necessary, of the Management Committee’s findings and decisions.
21. Each accused must also be informed of their subsequent right of appeal to the Chairman of the Management Committee within 21 days of the posting date of the letter. This right of appeal is termed the Second Appeal.
22. If a Second Appeal is made the Chairman of the Management Committee shall seek guidance and assistance from the EBU.
23. The Management Committee shall review all the evidence, having regard to guidance and assistance from the EBU, and make a decision on how to proceed. The Management Committee’s decision shall be final but the Chairman of the Management Committee may reopen the matter if they are persuaded that fresh evidence is available.
24. Members who serve on a Conduct Committee shall be exempt from serving on another Conduct Committee during the following twelve months.
RBC Management Committee, 22.1.2015
|