Schedule
of Disciplinary Procedures
- Requirements of the Schedule
This
Schedule is referred to under clause 13 of the Constitution of the Lowewood Bridge
Club (hereafter referred to as the Club) and prescribes the powers and
procedures for enforcement. It will comply with and follow the EBU disciplinary
procedures and any variations thereof that are made from time to time. The Club
shall act through its Conduct and Disciplinary Committees for the enforcement
of standards prescribed in clause 13 of the Constitution. The Club shall have
additional powers as set out in the clauses below.
- Receipt of allegation
Any
person making a complaint against one or more members of the Club under the
terms of clause 13 of the Constitution, must do so in writing to the Secretary
or the Chairman of the Club.
- Conduct Committee
The
Committee of the Club shall appoint its Conduct Committee through its powers to
appoint sub committees under clause 12 of the Constitution. The Conduct
Committee shall be responsible for investigating complaints against the Club’s
members and to determine whether a disciplinary offence should be referred to
the Club’s Disciplinary Committee.
The
Conduct Committee shall consist of no fewer than three members of the Club and
no more than five. A quorum for any meeting shall be three of its members. 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 second, or casting vote in the event that there is parity of voting.
- Disciplinary Committee.
The
Committee of the Club shall appoint the Disciplinary Committee through its
powers to appoint sub committees under clause 12 of the Constitution. The
Disciplinary Committee shall, determine sanctions for offences admitted by the
defendant, hear charges of offences and determine whether those charges are
proved and if proved, to determine the sanction imposed.
The
Disciplinary Committee shall consist of no fewer than three members of the Club
and no more than five. 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. 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 second, or casting
vote in the event that there is parity of voting.
- Conflicts of Interest and
Independence of the Conduct and Disciplinary Committees
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.
A
member of the Club cannot be a member of both the Conduct and Disciplinary
Committees.
6.
The Complaints Process
6.1.
Notice of Meetings.
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 the Disciplinary Rules and whether further action is
warranted. 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 made to the appropriate Officer. If it does take action 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.
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.
6.2.Complaint
not justified.
If
the Conduct Committee decides that the complaint is not justified, all parties
shall be notified and the matter ended.
6.3.Complaint
justified
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.
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, within
two weeks of this decision and of his right to make a written submission to the
Disciplinary Committee and to attend the hearing. 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. The Disciplinary Committee shall give at least
two weeks notice of the hearing to the Defendant.
6.4.Disciplinary
Committee’s Sanctions
If
after the hearing the complaint is upheld, the Disciplinary Committee may in
its absolute discretion:
(a) Give a written reprimand to the
offending member(s),or
(b) Suspend the offending member(s) from
all or some of the competitions sponsored or licensed by the Club for such
period as it shall determine.
(c) Expel the offending member(s) from the
Club.
If
the complaint is against a member of the Committee then in addition to any
other sanctions applied, the Disciplinary Committee shall have the power to
suspend such member from the Club’s Committee and any of its sub committees for
such a period that it shall determine.
Any
sanctions imposed by the Disciplinary Committee must be communicated to the
offending member(s) in writing within twenty one days of the hearing
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
6.5.Appeal
Every
Defendant found guilty of an offence by the Club Disciplinary Committee has the
right to appeal to the County Disciplinary Committee[1]. Appeals must be in
writing and lodged with the Secretary of the Association within twenty one days
of the written communication of the Club’s Disciplinary Committee’s decision to
the Defendant.
6.6.
Referral to the EBU Laws & Ethics Committee
At
any time the County Disciplinary Committee may refer a complaint to the EBU
Laws & Ethics Committee for its consideration. In doing so the County Disciplinary
Committee shall have fully discharged its responsibilities under this Schedule.
Notes on the Schedule of
Disciplinary Procedures
1. Most County Associations deal with appeals from Clubs,
and the EBU are asking for this to be written into County Associations’
constitutions. However, it would be appropriate to have the consent of the
County Association if including this in the Club’s constitution.
It cannot be overstated that, if an allegation is made, then
the club should consult with the EBU to determine the procedure to be followed.
Written guidance is available for the process of a Hearing
& also advice for members of the Disciplinary Committee.
The club may wish to appoint members of the Conduct &
Disciplinary Committees in a number of ways. However, it may be beneficial to
appoint the chairman of the Conduct Committee annually with members of that
committee & all members of a Disciplinary Committee appointed on an ad hoc
basis. This has the benefit of having a Chairman of the CC to receive any
allegations & for the remaining members of both committees to be appointed
from those without prior knowledge of the case. Hopefully if no cases arise no
appointments need be made apart from the Chairman of the CC.
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