Disciplinary Policy

[expand title=”Glossary of Terms” Tag = H4]

In these Procedures the following words shall have the meaning set out as below:

“MKLR” MK Lakeside Runners.

“Complainant” The person who makes a Complaint or allegation of misconduct against the Respondent (under these Disciplinary Procedures).

“Decision” the written decision of the Disciplinary Panel given in accordance with these Procedures.

“Disciplinary Panel” The disciplinary Panel appointed pursuant of the Disciplinary Procedures.

“The Disciplinary Procedure” The procedures set out in above, as amended from time to time.

“Investigating Officer” The investigating officer appointed by the Club Chairman on a case by case basis or generally.

“Natural Justice” A term that denotes the basic principles of justice, which are considered as fundamental as to be self-evident. The principles of natural justices include, for example, the following:

There is a duty to give a fair hearing to everyone concerned with the case.
There may be a duty to explain the reasoning behind a decision.
There is an obligation for the decision maker to be impartial.

“Notice” The notice of the Complaint to be given to the Investigating Officer.

“The Club” MK Lakeside Runners

“The Panel” The disciplinary panel that may be convened to conduct a disciplinary hearing under these procedures.

“Respondent” The person who is the subject of the Complaint by a Complainant (under these Disciplinary Procedures).

“Serious Misconduct” Examples of serious misconduct include, but are not restricted to:

Theft
Fraud
Physical violence to another person
Sexual abuse to another person
Deliberate damage to property
Serious negligence resulting in damage to property, loss or injury
Serious acts of insubordination
Incapability brought about by alcohol or illegal drugs
Serious infringement of health and safety regulations
Serious bullying, harassment or discrimination

Words denoting the singular number shall include the plural number and vice versa and words denoting the masculine gender shall include the feminine gender and vice versa.

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[expand title=”1. Guiding Principles” Tag = H4]

There are standards of conduct and behaviour required of all club members and regrettably there will be occasions when someone will breach those standards. Although such incidents are rare it is important that The Club is seen to deal with these breaches in a fair, consistent and timely manner.

The vast majority of members are committed to the sport and take part because they choose to do so. The use of formal disciplinary procedures by MKLR to deal with such individuals should only be resorted to when all other avenues to resolve the matter have been pursued, or are considered inappropriate.

Confidentiality, diligence, fairness, impartiality, natural justices are key features of the procedures and will be applied at all times.

This document describes the procedures to be followed in the event of a Complaint.

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[expand title=”2. Misconduct and Jurisdiction ” Tag = H4]

Complaints of Misconduct

A Complaint may be made against a member where he:

Behaves in a manner which is or is likely to be prejudicial to an event organised under UKA or England Athletics’ Rules or the administration of a training facility;
Behaves (whether by action or omission) in a manner which is disgraceful or opposed to the general interests of The Club or which brings The Club into disrepute; behaves in a manner that is otherwise considered by The Club to be unacceptable and contrary to the conduct expected of a person participating in athletics.

Complaints of Serious misconduct include but are not restricted to:

Theft
Fraud
Physical violence to another person
Sexual abuse to another person
Deliberate damage to property
Serious negligence resulting in damage to property, loss or injury
Serious acts of insubordination
Incapability brought about by alcohol or illegal drugs
Serious infringement of health and safety regulations
Serious bullying, racism, harassment or discrimination

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[expand title=”3. Procedure by MKLR on Receipt of a Complaint(s)” Tag = H4]

This section of the Disciplinary Procedures describes the steps to be taken when the initial Complaint is made to MKLR.

Making a Complaint

Any party who is a club member may make a Compliant where they consider a matter falls within the definition of misconduct or serious misconduct above.

The party making the Complaint shall do so by giving notice in writing to The Club Chairman as soon a practicable to do so and in any case within 30 calendar days of the incident and shall set out full details of the Complaint and the alleged Respondent.

Responsibility of the Club Chairman

The Club Chairman shall have responsibility for the management of complaints, disciplinary investigations and hearings in accordance with the procedures set down in these Disciplinary Procedures. This responsibility shall extend to making every reasonable effort to select an Investigating Officer who at all times may be expected to operate these Disciplinary Procedures in a fair and consistent manner, solely on the basis of the evidence presented.

Action on the Receipt of the Complaint

If a Compliant is received by the Club outside of the 30 day notice period, it may, in exceptional circumstances and with the complete discretion process the Complaint.

Referral to the Investigating Officer

The Club shall appoint an Investigating Officer to investigate the matter and complete a report for the Disciplinary Panel. In the interests of impartiality, the Investigating Officer shall not have had any previous direct involvement in the matter, which has given rise to the Compliant.

Details of the Compliant shall be given to the Investigating Officer by the Club Chairman in the form of a Notice. The Notice shall be given in writing as soon as practicable and ideally within two weeks of the receipt of the Compliant and shall set out the details of the Complaint etc. and the terms of reference of the investigation.

If a Notice is received by the Investigating Officer outside of the specified period, he or she may, in exceptional circumstances and with complete discretion, process the Compliant.

Notice to the Respondent

As soon as practicable the Club Chairman shall give the Respondent written notice:

Of the nature of the Complaint;
Specify who the appointed Investigating Officer is;
That there is to be an investigation into the case.

The Investigating Officer shall:

Carry out such investigations and gather such evidence as he or she in the sole discretion considers appropriate;
Take such steps as he or she thinks appropriate to ensure that the Respondent concerned is informed of the evidence against him or her and has the opportunity to respond to the allegations and evidence before any report of the investigation is completed. Any response must (unless the Investigating Officer decides otherwise) be in writing;
Complete a report for the Committee in relation to the breach of the relevant rule, policy, procedure or code of conduct, which may include a recommendation as to the outcome of the case if appropriate.

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[expand title=”4. The Disciplinary Panel ” Tag = H4]

The Club Chairman in consultation with the Club Welfare Officer shall appoint a Disciplinary Panel of three Committee members including a co-opted member if any.

In the interests of fairness and impartiality none of the members of The Panel, including a co-opted member, if any, shall have been directly involved in the matter to be heard.

The Club Chairman shall inform the Respondent of the composition of The Panel.

The decision by the Chairman on the composition of The Panel shall be final.

Pre Hearing Procedures

Where the Disciplinary Panel has been convened the Investigating Officer shall forthwith:

Send a copy of the Complaint together with the charge and evidence gathered against the Respondent by post to the Respondent.
In all cases the Investigating Officer shall ensure that the Respondent is given full disclosure of the matter in dispute in writing;
Ask each party (Complainant and Respondent) to submit evidence in support of their case.
Inform all parties that they must provide in writing to the Investigating Officer within 14 calendar days or such alternative time limit as the Investigating Officer shall decide any information and copies of all documents relating to the Complaint that either party wishes the Disciplinary Panel to consider in relation to the matter;
Upon receipt of such documents under the clause above supply copies of such information to the Disciplinary Panel and the other parties within a further 7 calendar days.
Inform the Respondent that if no reply is received within the 14 calendar days (or such time limit imposed by the Investigating Officer) the Panel will consider the Complaint on the basis of the facts and statements in its procession,
Give all parties a minimum of 14 calendar days notice of the date, place and time of the hearing when the Disciplinary Panel will consider the matter.
The Investigating Officer shall be entitled to make directions as to any further exchange of evidence.

Post Hearing Procedures

After the Hearing the Disciplinary Panel shall provide its full decision in writing to the Committee within 14 days. The Disciplinary Panel may decide any issue by a majority.

The decision will include:

A summary of the Complaint;
The Disciplinary Panel’s decision in relation to the Complaint and its reasons;
The appropriate sanction (if any) to be imposed on the Respondent.

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[expand title=”5. The Hearing ” Tag = H4]

The Chairman in consultation with the Investigating Officer shall decide the arrangements for and conduct of the Hearing. The Panel adjudicating a hearing will endeavour to apply the rules of Natural Justice and the hearing will be in private. Where the facts in the case are not to be contested by the Respondent the Panel may resolve the matter by considering the written facts as provided by the Complainant and other witnesses, without calling oral evidence. The Panel must also consider any written and/or oral submission made by the Respondent. They may also rely upon a written and/or oral submission by the Investigating Officer, which may include a recommendation as to disposal of the case.

Where the facts in the are contested by the Respondent the Panel may resolve the matter by considering all the evidence made available to it including written and oral evidence from the Club, the Complainant and other witnesses. It may question the Club, the Complainant and any witnesses present in relation to the matter. It may call upon either the Club or the Complainant to supply additional evidence and may adjourn the hearing for that or any other purpose. The Panel must also consider any written and/or oral submission made by the Respondent and any written and/or oral evidence provided by witnesses called on his or her behalf.

In the event that the Panel find the Respondent guilty of misconduct or serious misconduct they may rely upon a written and/or oral submission by the Investigating Officer, which may include a recommendation as to the disposal of the case.

The Chair of the Panel may vary this procedure in his or her absolute discretion if, after discussion with the other parties, he or she is of the opinion that such a change would assist the Hearing process in a fair and impartial way.

The Panel shall decide any matter on the basis of a simple majority.

The powers of the Panel are:

That they can reject the Complaint or, where the Complaint is upheld, impose such sanctions upon the Respondent as it thinks fit including without limitation:
- A warning in respect of the misconduct committed;
- A recommendation to the Committee to terminate his or her membership or remove him or her from an official position within the Club;
- A recommendation of a requirement to complete education or training;
- In the case of a Respondent who is a coach or technical official a recommendation to UKA that the Respondent’s license to coach or officiate be suspended for a period of time.
- any combination of the above.

In the event that a Respondent fails or refuses to comply in whole or part with the sanctions imposed by the Panel, The Panel may reconvene as its own discretion and treat the failure or refusal as a fresh Complaint and deal with the matter and impose any sanction in accordance with these procedures.

The decision of The Panel shall be issued in writing to the parties concerned not more than 14 calendar days from the date of the Hearing. The decision shall be accompanied by details of any disciplinary action that has been agreed by The Panel.

Any suspension, disqualification or expulsion shall normally run with immediate effect from the date of the Disciplinary Hearing.

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[expand title=”6. Appeal ” Tag = H4]

The letter notifying the decision of The Panel shall also set out the right to Appeal.

The Respondent (but not the individual who made the Complaint) may appeal against the decision of The Panel in writing to the Club Chairman. The Appeal must clearly state the grounds of the Appeal and be accompanied by a cheque made payable to MK Lakeside Runners for £50.00 (the Deposit). The Deposit will be held by MKLR and repaid to the Respondent in the event that the Appeal Panel so decides.

The Club Chairman will acknowledge the Appeal within 7 calendar days of its receipt and shall establish an Appeal Panel within a further 14 calendar days.

The Club Chairman shall appoint an Appeal Panel of three Committee members who have not been directly involved, either in the events giving rise to the Hearing or the Hearing itself. The Club Chairman shall inform the Appellant and other Party of the composition of the Appeal Panel. Within 14 calendar days of the confirmation of the composition of the Appeal Panel the Appellant, the Complainant and any other interested parties the date, time and place that the Appeal will be heard and whether the Appeal will proceed by way of written submissions or an oral hearing. They will also be informed whether the parties should be required to submit statements of their evidence and/or written submissions prior to the hearing and if so, a timetable for doing so.

The Appeal Panel may decide on its own jurisdiction, including whether the Appeal Panel is properly constituted and what matters have been submitted. The Appeal Panel will meet on the date fixed by the Chair of the Appeal Panel.

Prior to and at the end of the hearing the Chair, after consulting with the Investigating Officer, may give such directions whether or not made at the request of the parties, for the proper conduct of the hearing as he or she deems may be reasonably necessary for the fair conduct of the hearing, including changes to the procedure as set out in these procedures.

The Appeal Hearing will be heard in private unless the Appellant and other Party agree otherwise, or unless the Appeal Panel directs. The Appeal Panel shall have the power to make a decision on the facts as it thinks fit and may:

Quash the original decision;
Increase the original sanction;
reduce the original sanction;
find that the case be re-heard;
Confirm the original findings.

The Appeal Panel shall inform the Appellant and the other Party and Interested Parties (if any) of its decision within 14 calendar days of the Appeal Hearing with written reasons for its decision. The decision of the Appeal Panel shall be final and binding on the Appellant and other Party and Interested Parties. The Appeal Panel shall decide on any issue by majority.

A supporter, who must be named before the Appeal Hearing may accompany the Respondent throughout the appeal process but must not speak on behalf of the Respondent unless agreed by the Appeal Panel.

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[expand title=”7. Records of Hearing” Tag = H4]

The decisions of Disciplinary Panels shall be recorded and retained in confidential records for a period of time specified by The Panel, which shall not be less than six years. Supporting documentation shall also be retained in the same fashion.

Where appropriate and in the absolute discretion of the Chair of the Hearing or Appeal Panel, details of a decision, including sanctions imposed, maybe communicated to UKA, a National Association, country association, club or other body where it is considered necessary to ensure compliance with a sanction, or for the safety and well-being of those engaged in athletics activities.

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[expand title=”8. Costs ” Tag = H4]

Each party shall bear its own costs in connection with Complaints made or Appeals brought under these Procedures.

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[expand title=”5. Dealing with Persistent, Vexatious Complaints, Allegations of Misconduct ” Tag = H4]

MKLR will follow these procedures and will do everything it reasonably can to resolve issues of Complaint. Occasionally, Complainants or those making allegations of misconduct may focus solely on their concerns to the extent of placing an undue strain on time and resources of the Club and causing undue stress to volunteers involved.

The Club is expected to deal with individuals in a respectful and professional manner and to follow appropriate procedures; however there are instances when nothing more can reasonably be done to rectify a real or perceived problem. At this stage is it important to ensure that Complaints procedures and those for investigating allegations of misconduct have been followed correctly and that all elements of the Complaint or allegation have been adequately addressed. This policy for dealing with persistent or vexatious Complainants should only be invoked in exceptional circumstances.

Definition of a vexatious Complaint

A written or verbal report of alleged improper conduct made to the Club where there is a demonstratable absence of reasonable grounds for suspecting the improper conduct, and the report is considered to have been made to cause distress.

Definition of a persistent Complainant

Where an individual persists in pursuing a Complaint when appropriate procedures have been followed and exhausted.
Where the substance of a Complaint is continually being changed or new issues continually being raised to prolong contact.
When an individual is unwilling to accept documented evidence as part of the Complaints response, or deny receipt of an adequate response in spite of correspondence specifically answering their concerns.
When an individual persists in raising issues of Complaint outside of the remit of the Club.
Where an individual has:
- Threatened or used physical violence towards members dealing with the Complaint;
- Harassed or been verbally aggressive on more than one occasion towards members dealing with the Complaint
Where an individual has had an excessive number of contacts with members during the investigation, e.g. personally, or by telephone, fax, email.
Where an individual has made unreasonable demands about the investigation of their Complaint (e.g. responses being made more quickly that time limits set down).
Where an individual is known to have recorded meetings or conversations without the prior knowledge or consent of the parties involved.

Handling Persistent Complaints/Allegations of Misconduct

It will be for the Club Chairman/Secretary to consider the nature of the Complaint against the above criteria and to identify or classify such Complaints as ‘persistent’ or ‘vexatious’ in agreement with the Investigating Officer. The two together will determine the most appropriate course of action from the following options:

Try to resolve the issue before invoking this procedure, by contacting the individual in writing to explain the difficulties and set out a code of behaviour by the parties involved if the Club is to continue processing the Complaint. This may involve requiring the Complainant to communicate in a particular way, for instance in writing only.
Decline contact with the Complainant or restrict contact to a specific format (as above).
Notify the Complainant in writing that the Club has responded fully to the points raised and has tried to resolve the Complaint but there is nothing further to add and continuing contact on the matter will serve no useful purpose. The Complainant will also be notified that the correspondence is at an end. Further correspondence will be acknowledged but no answered.

In extreme cases, it might be necessary to take legal action/action to deter an individual from frequenting the Club sessions or contacting members.

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[expand title=APPENDIX 1 ” Tag = H4]

Guidance on Conduct of Hearings

This guidance is designed to assist Chairs and members of Disciplinary Hearing Panels to conduct hearings and to provide guidance to possible outcomes and panel decisions.

Conduct of the Hearing

Chair of Panel introduces fellow Panel members and confirms identity and status of all other persons present;

Chair reminds all parties of the confidentiality of the Hearing and that Hearing will be held in private.

Chair informs all parties that a Hearing conducted under these procedures is not a judicial Hearing and so evidence given will not be delivered under oath. The Panel adjudicating the Hearing will, however, apply the rules of Natural Justice. For example the duty to give a fair hearing to everyone with a concern in the case, the duty to explain the reasoning behind any decision and the obligation for any decision-makers to be impartial.

Chair informs the parties that the Panel will make its decisions on whether the Respondent is guilty of misconduct on the basis of a balance of probabilities. This means that it must be demonstrated that it is “more probable than not” that the Respondent is guilty of misconduct. The panel will consider whether or not on the balance of probabilities the allegations are substantiated by the facts of the case.

Chair confirms that the Respondent and Panel members have previously received copies of all relevant documentation. (In the event that documents have not been exchanged as required, the Chair may consider an adjournment – see paragraph 11 below.)

The Panel must consider any written and or oral submission made by the Respondent and any written and or oral evidence provided by witnesses called on his or her behalf.

The Panel will then consider their decision in private. The Panel shall decide any matter on the basis of a simple majority and may reject the complaint or may partially or fully uphold the complaint.

If the Panel upholds the complaint they must then consider the most appropriate manner to resolve the case and in so doing may take account of all relevant information disclosed during the Hearing, including any submission made by or on behalf of the Respondent.

In consideration of what sanction to impose the panel should consider the following criteria
- the nature and seriousness of the misconduct including whether the misconduct involved dishonesty, culpable or reckless neglect;
- the Respondent’s conduct record and, in particular, whether any misconduct of a similar kind has occurred before and the period of time which has elapsed since any previous misconduct.
- where relevant, the length of time over which the misconduct occurred;
- the number of breaches;
- any steps taken by the Respondent to avoid a recurrence of the misconduct;
- whether any admission, and regret is expressed by the Respondent;
- the extent to which the Respondent has derived benefit, or stood to derive benefit, from the misconduct;
- any steps taken by the Respondent to compensate or provide restitution to the Complainant;
- the degree of co-operation with the Investigation;
- any penalties previously imposed by The Club and if appropriate by England Athletics and UK Athletics in similar cases;
- the need to deter the Respondent and other Members from future misconduct; and
- the need to demonstrate to the athletics community and society in general, that The Club takes firm action intended to promote the standards of conduct and behaviour required of all athletes and volunteers and others engaged in athletics.
- The powers of the Panel are to issue:
- a warning in respect of the misconduct committed;
- a recommendation to the athletics club of which he or she is a member to terminate his or her membership or remove him or her from any official position within the club;
- a requirement to complete education or training;
- in the case of a Respondent who is a coach or technical official a recommendation to UKA that the Respondent’s license to coach or officiate be suspended for a period of time;
- any combination of the above.
The powers of the Panel are to issue:
- · a warning in respect of the misconduct committed;
- · a recommendation to the athletics club of which he or she is a member to terminate his or her membership or remove him or her from any official position within the club;
- · a requirement to complete education or training;
- in the case of a Respondent who is a coach or technical official a recommendation to UKA that the Respondent’s license to coach or officiate be suspended for a period of time;
- · any combination of the above.
The Chair of The Panel may vary this procedure in his or her absolute discretion if, after discussion with the other parties he or she is of the opinion that such change would assist the Hearing process in a fair and impartial way.
The decision of The Panel shall be issued in writing to the Respondent and other parties concerned not more than 14 days from the date of the Hearing. The decision shall be accompanied by details of any disciplinary action that has been agreed by The Panel. The letter to the Respondent should also set out the right to appeal if applicable. Any suspension shall normally run with immediate effect from the date of the Panel Hearing.
Where appropriate and in the absolute discretion of the Chair of a Disciplinary Panel, details of a decision, including sanctions imposed, may be communicated to UKA, a National Association, county association, club or other body where it is considered necessary to ensure compliance with a sanction, or for the safety and well-being of those engaged in athletics activity.

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