EXMINSTER GOLF CENTRE
EQUALITY, DIVERSITY&INCLUSION POLICY 2024
1. STATEMENT OF INTENT
1.1 EXMINSTER GOLF CENTRE (‘The Club’) shares the belief of England Golf and [insert name of relevant county union & association or merged body] that golf belongs to everyone. All who play and all who aspire to play must have an equal opportunity to do so.
1.2 The Club is committed to the principles of equality and diversity throughout its membership, its paid and volunteer workforce and any others with whom the Club engages.
1.3 The Club considers that everyone should play their part in making golf inclusive and aims to ensure that all people, irrespective of background or Protected Characteristics, have a genuine opportunity to engage with golf. We will not disadvantage any individual by imposing conditions or requirements which cannot be justified.
2. WHO DOES THIS POLICY APPLY TO?
2.1 This Policy shall apply to, and be binding upon the Club, its staff, volunteers, coaches, contractors, squad players, agents, and representatives working, holding office or acting for or on behalf of the Club.
3. OTHER IMPORTANT DOCUMENTS
This policy works with other documents adopted by the Club, in particular:
- recruitment policy, standard terms of service, grievance procedure, etc] which relate to the relationship between the Club and those it employs and the recruitment process.
- Disciplinary Regulations which may be used to deal with alleged breaches of this policy.
- Safeguarding Children and Young People Policy, and Safeguarding Adults Policy, which will be followed in respect of any matters which give rise to a safeguarding concern.
- Code of Conduct which set out the standards of behaviour and conduct expected from members, those who are attending Club events, or representing, working for of otherwise engaging with the Club in some capacity.
- Complaints Policy which may be used to deal with concerns raised about the actions of the Club
- Data Protection Policy which sets out how we will handle personal data, including data collected to monitor diversity in line with this Policy.
4. POLICY IMPLEMENTATION
A. WHAT WE WILL DO
1. Promote fairness, equality, diversity and respect for everyone working, volunteering or participating in the sport of golf or otherwise engaging with the Club.
2. Ensure that all competitions, events and activities are administered by the Club are carried out in a fair and equitable way (except where specific situations and conditions prevent this, or where we consider that Positive Action is a proportionate way to achieve a legitimate aim).
3. Monitor and review Club policies, procedures and regulations to ensure that they are consistent with the requirements of this policy, including policies relating to admission to membership.
4. Where practical we will take steps to monitor the diversity of the Club’s members, participants, players, volunteers and others that we may engage with in order to measure and assess the impact of this policy
5. Provide appropriate training and support to staff, volunteers, officials and others.
6. Make reasonable adjustments for those with a disability.
7. Publish this policy on the Club website.
B. WHAT WE WON’T DO
1. Discriminate against anyone, either directly or indirectly, on the basis of a Protected Characteristic.
2. Subject anyone to less favourable treatment on the basis of them doing a Protected Act (victimisation).
3. Subject anyone to harassment in relation to a Protected Characteristic.
5. REPORTING PROCEDURES
If you are concerned about the behaviour or conduct of someone at a Club event, someone representing the Club, or any other breach of this policy:
5.1 please report the matter to Head Professional James Taverner , Luci Lacey General Manage, Gerald Copley Club welfare Officer.
5.2 If the matter is reported verbally, and you are able, please follow the verbal report in writing as soon as possible.
5.3 The Club will consider the appropriate way to deal with the matter, which may include referring the matter to and/or seeking guidance from England Golf.
6. HOW WE WILL DEAL WITH BREACHES OF THIS POLICY
6.1 When we receive a report or a concern that relates to this policy we will ask Luci Lacey General Manager to consider the matter initially. They will consider the appropriate next steps, which may include the following:
a. seeking further information in relation matters raised
b. seeking guidance from England Golf or any other appropriate body or organisation
c. referring the matter to another body or organisation
d. dealing with the matter informally
e. deciding which procedure is the most appropriate, such as the Employee Disciplinary Procedure, the Safeguarding Policies or the Disciplinary Regulations, to progress the matter formally.
6.2 The Club will usually inform the person reporting the matter of the next steps and/or the outcome of the matter. However, there may be circumstances in which we are not able to disclose full details to the reporting individual. This may be because the law prevents us from doing so, because some information is confidential or to protect the safety or wellbeing of those involved.
7. KEY CONCEPTS, DEFINITIONS AND EXAMPLES
A. The Equality Act 2010 and Discrimination
Every individual and organisation to whom this Policy applies must not act in a way which is directly or indirectly discriminatory on the basis of a Protected Characteristic.
The Equality Act 2010 makes it unlawful to discriminate directly or indirectly against individuals or groups with certain “Protected Characteristics”. The “Protected Characteristics” are listed in section 4 of the Act:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
Direct Discrimination
Direct Discrimination is defined at section 13(1) of the Equality Act 2010: “A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”
For example, if an action or decision is taken by a club which treats females less favourably than males, this would be considered direct discrimination on the grounds of sex, which is a protected characteristic.
Indirect Discrimination
Indirect Discrimination is defined at section 19(1) of the Equality Act 2010: “A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s.”
Indirect discrimination occurs where less favourable treatment is not the main effect or objective of an action or decision.
The nature of indirect discrimination is that the discriminatory effect can be an unexpected or unforeseen effect of a good faith decision.Complaints of indirect discrimination should be considered carefully and objectively, and not dismissed out of hand purely because the effect was not an expected or intentional one.
If, for example, a club has a rule or practice that certain competitions are only played on Saturdays, this would prevent members with certain religious beliefs from taking part in the competition. Although it may not have been the intention of the golf club, the effect is the less favourable treatment of members on the grounds of religion or belief, which is a protected characteristic. This is indirect discrimination.
Actions and Intentions
An action or decision can still be considered discriminatory even if the less favourable treatment is unintentional. It may not always be obvious to the perpetrator that their actions are discriminatory. Indirect discrimination is often unintentional, but it is not a defence to an allegation of discrimination to say that the perpetrator did not mean to discriminate against a person or group.
Discrimination can arise out of actions and decisions but can also arise out of omissions and failure to take actions or decisions.
Reasonable Adjustments
Everybody to whom this Policy applies is under a duty to make reasonable adjustments to avoid discriminating against any individual or group with the Protected Characteristic of Disability.
The duty is to make reasonable adjustments. It is not unreasonable for adjustments to cost time, money, or other resources. However, an adjustment may not be reasonable if the cost is disproportionately high or making the adjustment would be unfeasible. The resources required to make an adjustment are an important factor to be considered in deciding whether an adjustment is reasonable.
Positive Action
It can be lawful to make decisions that discriminate on the basis of a Protected Characteristic in very limited and exceptional circumstances, if the discrimination is a ‘Positive Action’ taken in order to address an underrepresented group or Protected Characteristic. Positive Actions must be reasonable, justifiable, and clearly linked to a legitimate aim. Where a club decides to take Positive Action in respect of an underrepresented group, it should carefully record its decision making and the evidence it has considered, and review the practice regularly to ensure that the Positive Action does not continue for longer than reasonably necessary.
Examples
In a golfing context, some examples of discrimination might include:
- Not allowing the use of golf buggies, as this increases the cost of maintaining the course. Permitting the use of golf buggies may be a reasonable adjustment, and the increased course maintenance costs are a factor to be assessed in deciding whether or not the adjustment is reasonable.
- Restricting the number of tee times available to women during peak hours at a golf course. Whilst it may be permissible to limit access to the course at certain times, for example to allow a competition to be played, a club will need to be certain that it is providing equal opportunity to access the course for various groups.
- Not allowing competitions to be played on alternate days to accommodate for certain religious beliefs.
B. Harassment
Harassment is defined in section 26(1) of the Equality Act 2010. Harassment occurs where a person engages in unwanted conduct related to a Protected Characteristic (outlined in the Equality Act 2010), which has the purpose of either:
- Violating the other person’s dignity; or
- Creates an intimidating, hostile, degrading, humiliating or offensive environment for the other person.
In determining whether conduct amounts to harassment, regard is had to:
- The perception of the victim
- Whether it is reasonable for the conduct to have the perceived effect
- The wider circumstances of the matter.
Sexual Harassment
Sexual harassment occurs where a person engages in unwanted conduct of a sexual nature, and the conduct has the purpose or effects outlined above.
One Off Incidents
A single, isolated, or one-off incident can still amount to harassment. The key consideration is the purpose or effect of the conduct.
Protection from Harassment Act 1997
Harassment can still occur even if it not based on a Protected Characteristic. The Protection from Harassment Act 1997 made it a civil, and sometimes a criminal, offence to carry out a course of conduct that amounts to harassment.
Examples
In a golfing context, some examples of unlawful harassment might include:
- Employees making unwanted or inappropriate contact with colleagues at a golf club or facility.
- Targeting disabled golfers using buggies and demanding to see proof of a disability where this is not required by the terms of a competition, for example.
- Disproportionate and public criticism or sanctioning of an individual’s behaviour by an organisation for irrelevant or personal reasons. A clear disciplinary procedure will help to ensure that those facing disciplinary action at a club are treated fairly.
C. Victimisation
Victimisation is defined in section 27(1) of the Equality Act 2010.
Victimisation occurs where a person suffers a detriment because they do a protected act or are believed to have done a protected act.
Protected Act
A protected act includes making a complaint (whether in writing or not, formally or informally) or bringing legal proceedings under the Equality Act 2010 in relation to discrimination, harassment, bullying, or any other issue related to equality, diversity or Protected Characteristics.
Detriment
A detriment can be any less favourable treatment, including direct acts such as suspensions, fines, sanctions, and verbal and physical aggression.
It is not necessary to show that somebody is being treated less favourably than somebody else who did not do a protected act, only that they have been subject to a detriment because of a protected act.
Examples
In a golfing context, some examples of unlawful victimisation include:
- Initiating disciplinary proceedings against a person as a result of making a complaint about discrimination or harassment.
- Ignoring a person’s valid input into the management of a club or county after that person has made a complaint.
De-selecting a player from a squad or team because that person has made a complaint.
8. Further guidance and support
You can find further information from the following sources:
EXMINSTER GOLF CENTRE
DISCIPLINARY REGULATIONS
- DEFINITIONS
- In these Regulations the following words and phrases shall have the following meanings and interpretations:
| “Adult at Risk of Harm” | an individual aged 18 or over who: · is unable to look after their own wellbeing, property, rights or other interest; and · is at risk of harm (either from another person’s behaviour or their own behaviour); and · because they have a disability, mental disorder, illness or physical or mental infirmity, they are more vulnerable to being harmed than other adults; |
| “Appeal Panel” | the individual or group of individuals appointed in accordance with these Regulations to deal with Appeals under these Regulations ; |
| “Appellant” | the person or body who appeals a Decision of the Disciplinary Panel; |
| “Chairperson” | The individual appointed by the Disciplinary Secretary to chair the Disciplinary or Appeal Hearing; |
| “Charge” | The charge which is brought against the Respondent in respect of the disciplinary matter; |
| “Club” | Exminster Golf Centre Exminster Hill Exminster Exeter Ex68 ga |
| “Club Rules” | The rules of the Club which may include its bye-laws, constitution or articles of association, code of conduct and any other rules by which the Members are bound in accordance with their membership of the Club; |
| “Club Tournament” | The rules of any competition, golfing event or tournament administered by the Club from time to time; |
| “Complaint” | a complaint of misconduct or notification of a concern as referred to in Regulation 4; |
| “Complainant” | the person or body from whom a Complaint has been received by the Disciplinary Panel; |
| “Committee” | The body that is running the Golf Club; |
| “County” | The County Golf Union or Association to which the Club affiliates |
| “Disciplinary Panel” | the group of individuals appointed by the Club to deal with disciplinary matters under these Regulations; |
| “Disciplinary Secretary” | the person who is nominated as the Disciplinary Secretary by the Committee from time to time; |
| “England Golf” | The English Golf Union Limited, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU, Company Number: 5564018; |
| “Member” | Any member of the Club in any membership category, including social or honorary members; |
| “Notice of Charge” | A written notice sent to the Respondent in any matter notifying them of the Complaint(s) and Charge(s) made and brought against them; |
| “Participant” | Any person, whether a Member, a visitor, or a subscriber to the England Golf iGolf scheme, who takes part in or spectates at any golfing activity at the Club or who attends the clubhouse as a social/honorary member; |
| Player | Any person who plays golf at the Club, whether or not they are a Member |
| “Respondent” | the person who is the subject of the Complaint or disciplinary action brought by the Disciplinary Secretary under the Regulations; |
| “Rules of Golf” | the rules governing the playing of golf as jointly issued by the R&A and the USGA from time to time; |
| “Young Person” | A person under 18 years of age. |
- WHO IS BOUND BY THESE REGULATIONS
- These Regulations apply to all Members, Honorary Members, PlayersParticipants, staff members, volunteers and contractors of or visitors to the Club.
- JURISDICTION OVER DISCIPLINARY MATTERS
- These Regulations will apply to:
- Alleged breaches of the Club Rules, Regulations, Codes and Practices, and its statement of values or standards of behaviour.
- alleged breaches of the Rules of Golf, handicap infringements, disqualifications and any breach of the rules of a Club Tournament; and
- any matter in which an individual engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is unacceptable or opposed to the general interests of the Club or which brings the Club into disrepute.
- any matter in which an individual engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is which brings the sport of golf into disrepute.
- Incidents of a safeguarding nature must be referred to the England Golf Governance team before any disciplinary action is taken under these Regulations.
- These Regulations will apply to:
- RAISING OF COMPLAINTS
- Any person or body may raise a complaint to be considered under these Regulations. Complaints should be made in writing, but the Club will make reasonable adjustments to deal with Complaints made in other ways where appropriate.
- when the Club receives a Complaint, the Club shall appoint a Disciplinary Secretary, who shall be independent of the matter,to consider the matter and decide how to proceed.
- NEXT STEPS
- Following appointmentthe Disciplinary Secretary may, without limitation:
- Commence an initial investigation to obtain more information or evidence
- Contact the Respondent for a response
- seek advice from or refer the matter to any other appropriate body
- resolve to deal with the matter informally
- conclude that no further action is required
- refer the matter to a disciplinary panel for further action.
- In any event the Disciplinary Secretary will record the reasons for deciding on the appropriate next steps.
- Following appointmentthe Disciplinary Secretary may, without limitation:
- DEALING WITH THE MATTER FORMALLY: CONSTITUTING A DISCIPLINARY PANEL
- If the Disciplinary Secretary decides that the matter should be dealt with formally, a Disciplinary Panel will be set up to deal with the matter.
- The Disciplinary Panelwill be made up of 3 individuals, who will all be independent of the complaint of incident giving rise to the matter. One member of the Disciplinary Panel will be appointed as Chair.
- If at any time a member of the Disciplinary Panel either declares an interest or is deemed to have an actual or potential interest by the Chair (or if it is the Chair, another member of the Disciplinary Panel) they will be replaced by another individual.
- ISSUING A NOTICE OF CHARGE
- Once a Disciplinary Panel has beenformed the Disciplinary Secretary will notify the Complainant of the decision to deal with the matter under these Regulations, and send a Notice of Charge to the Respondent clearly setting out:
- The Regulation, rule or provision that the Respondent is alleged to have breached; and
- A summary of the facts or circumstances that led to the Complaint and the Charge; and
- Once a Disciplinary Panel has beenformed the Disciplinary Secretary will notify the Complainant of the decision to deal with the matter under these Regulations, and send a Notice of Charge to the Respondent clearly setting out:
- Confirmation that these Regulations apply to the determination of the matter; andThe time, date and location of any meetings that have been organised to discuss or otherwise deal with the matter; andThe rights of the Respondent under these Regulations to have a fair opportunity to make representations in their defence; andInstructions on what the Respondent must do to either admit or deny the Charge and the deadline for indicating their response.
- ADMITTING OR DENYING THE CHARGE
- The Respondent shall haveat least 14 days from the date of the Notice of Charge to respond and either:
- Admit the Charge; or
- Deny the Charge, in which case the matter will be dealt with by a full disciplinary hearing.
- If the Respondent admits the Charge, the Disciplinary Panelmay deal with Decisions and Sanctions under Regulation [11]. The Respondent may make written representations in mitigation within 7 days from accepting the Charge or having been deemed to accept the Charge.
- If the Respondent does not accept the Charge, the Disciplinary Panel will call a Disciplinary Hearing in accordance with Regulations [9-10].
- If the Respondent does not respond to the Notice of Charge within the time period outlined at Regulation [8.1] above, the Disciplinary Panelmaycall a Disciplinary Hearing, and may treat the Respondent as having admitted the Charge.
- If there are multiple Charges, the Respondent may admit or deny all or some of the Charges. The Disciplinary Panelmay deal with Charges that are Admitted and Denied separately.
- The Disciplinary Panel may deal with a disciplinary matter by way of an oral hearing either conducted in person or by audio or video conference call, or deal with the matter by way of written submissions, whichever method is most appropriate and proportionate to the issues at hand, and considering the needs and wishes of the Respondent and any other witnesses in deciding how to deal with the hearing.
- The Respondent shall haveat least 14 days from the date of the Notice of Charge to respond and either:
- NOTICE FORDISCIPLINARY HEARINGS
- The Disciplinary Panelwill give reasonable notice of any hearing or deadline for written submissions and should consider at least one re-scheduling to take into account prior commitments.
- ORAL DISCIPLINARY HEARINGS
- The Respondent may be represented by a third party at any oral hearing, whether or not that person is a member of the Club (the “Representative”), and the Representative may make submissions but not give evidence on behalf of the Respondent.
- The Respondent may be accompanied by another Member for support (the “Friend”), but the Friend may not make representations on behalf of the Respondent.
- The procedure for an oral hearing will be at the discretion of the Chair. A standard hearing procedure is set out at Appendix 1 of this document, which may be followed by the Chair of the Disciplinary Panel.
- Regardless of the procedures followed, the Respondent must be given a fair opportunity to make representations and present evidence in their defence. The Respondent must also be given the opportunity to review and challenge evidence in support of the Complaint and Charge.
- If the Respondent does not attend the hearing as arranged above, provided that the Disciplinary Panel is satisfied that notice of the hearing was received it may proceed and decide the case in the absence of the Respondent.
- DECISIONS AND SANCTIONS
- The Disciplinary Panel may reach such decision and/or impose such sanctions as it sees fit, including without limitation, to:
- Dismiss the Charge as unproven;
- Issue a warning or reprimand in respect of the misconduct or rule breach committed;
- Suspend or exclude the Respondent from the Club and/or Club Competitions, Tournaments, Teams, meetings or other activities;
- Suspend or exclude the Respondent from holding office within the Club for a specified or indefinite period of time;
- Suspend the Respondent’s Membership of the Club, and/or their ability or authority to attend the Club and exercise playing rights at the Club for a defined period;
- Permanently expel the Respondent from the Club; and/or
- A combination of any of the above or any other disciplinary action as considered appropriate by the Disciplinary Panel as appropriate.
- The decision taken by the Disciplinary Panel in relation to sanctions must be reasonable and proportionate in all the circumstances. The DisciplinaryPanelwill give reasons for its decision.
- The decision of the Disciplinary Panel may be communicated to the Respondent orally at any oral Hearing, but must, in any event, be communicated in writing within a reasonable time of the decision being made.
- If a right of appeal exists from the decision, the written decision must set out how that right can be exercised.
- The Disciplinary Panel may reach such decision and/or impose such sanctions as it sees fit, including without limitation, to:
- MATTERS INVOLVING YOUNG PERSONS OR ADULTS AT RISK
- Where a disciplinary matter involves a Young Person and/or Adult at Risk of Harm, the Club, the Disciplinary Panel must be mindful of the needs of the person in question and take these into account when deciding:
- The format of proceedings;
- Whether any action is taken against such a Young Person or an Adult at Risk of Harm;
- Whether any provisions in these Regulations should be varied.
- The Disciplinary Panel should inform the Club Welfare Officer or, in their absence, the County Welfare Officer or the England Golf Safeguarding team of the circumstances surrounding the Young Person and/or the Adult at Risk of Harm before taking any action under these Regulations.
- Written permission should be obtained from any parent / carer of a Young Person or Adult at Risk of Harm where such person is asked to provide evidence and / or attend a hearing. Where a Young Person or Adult at Risk of Harm is asked to attend a hearing, they shall be afforded the opportunity to do so accompanied by any parent / carer and the Disciplinary Panel shall make sure that the Young Person or Adult at Risk of Harm fully understands the process taking place.
- Where a disciplinary matter involves a Young Person and/or Adult at Risk of Harm, the Club, the Disciplinary Panel must be mindful of the needs of the person in question and take these into account when deciding:
- For the avoidance of doubt, the refusal of the parent, Young Person or Adult at Risk of Harm to co-operate shall not preclude Club from taking disciplinary action against the Young Person or Adult at Risk of Harm.
- APPEALS – ENGLAND GOLF FRAMEWORK
- Decisions which relate to the Rules of Golf or to handicapping infringements fall within the England Golf Disciplinary Framework and are subject to a right of appeal as set out below.
| Matter arising at | Disciplinary body at first instance | Appeal level |
| Club | Club | County |
| County | County | England Golf |
| National | England Golf | England Golf Appeals Panel |
There will be no further right of appeal.
- If the Respondent wishes to appeal a decision of the Disciplinary Panel, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
- The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
- The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it;
- Serious procedural or other irregularity in the proceedings before the Disciplinary Panel;
- Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision; and/or
- The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
- Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is valid,he will forward it to the County Secretary of [insert County] Union or Association as appropriate. If the Disciplinary Secretary considers that the Notice of Appeal is not valid, he will return it to the Respondent and explain why it is not valid.
- The [insert County] Union or Association Disciplinary Regulations will apply thereafter to any appeal, unless England Golf has determined that it should hear the matter, in which case the England Golf Disciplinary Regulations will apply.
- The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
- APPEALS – INTERNAL CLUB MATTERS
EITHER – OPTION 1 – APPEAL WITHIN THE CLUB
- If the Respondent wishes to appeal a decision of the Disciplinary Panel to which Regulation 13 does not apply, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
- The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
- The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it
- Serious procedural or other irregularity in the proceedings before the Disciplinary Panel
- Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision, and/or
- The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
- Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is not valid, he will return it to the Respondent and explain why it is not valid.
- If the Disciplinary Secretary considers that the notice of appeal is valid, the Disciplinary Secretary will consider whether at leastone ground of appeal being established, in which case the Disciplinary Secretary will appoint an Appeal Panel comprising3individuals who have had no prior involvement and have no actual or potential interest in the matter. If the Disciplinary Secretary does not consider that a ground of appeal has been established he will inform the Respondent with reasons.
- The Appeal Panel shall determine whether an appeal of a Disciplinary Panel decision shall be by way of review only or a full re-hearing of all the evidence presented to the Disciplinary Panel, with due consideration being given to any requests made by any relevant party.
- An Appeal Hearing may deal with an appeal on the basis of written submissions from the Appellant and the Respondent or by way of an oral hearing. If any party requests an oral hearing, then this will be facilitated unless exceptional circumstances mean that an oral hearing is impracticable.
- The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
- The procedure for an Appeal Hearing shall be flexible and shall be at the discretion of the Appeal Panel, who may make such decisions as necessary to ensure the orderly and effective conduct of the hearing, subject to the overriding requirement of fairness.
- The standard hearing procedure for disciplinary hearings set out at Appendix 1 may also be followed by the Appeal Panel at their discretion.
- The Appeal Panel shall have the power to:
- Dismiss the appeal;
- Remit the matter for a re-hearing by the Disciplinary Panel;
- Remit the matter for a re-hearing by a new Disciplinary Panel made up of different individuals than those originally appointed;
- Substitute an alternative finding;
- Reduce or increase the original sanction; and/or
- Make such further order as they consider appropriate.
- The decision of the Appeal Panel may be communicated at the Hearing, but must, in any event, be communicated in writing within 7 days of the hearing or deliberation of written submissions taking place.
- The Appeal Panel shall have the power to:
OR OPTION 2 – APPEAL TO THE COUNTY BODY
14.11. If the Respondent wishes to appeal a decision of the Disciplinary Panel to which Regulation 13 does not apply, they (the “Appellant”) must lodge the appeal to [insert relevant contact details of County Union/Association/Merged Body] in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
14.12. The [County Union/Association/Merged Body]’s Disciplinary Regulations will apply thereafter..
- MISCELLANEOUS PROVISIONS
- The Disciplinary Panelwill make decisions by a simple majority of over 50%. The Disciplinary Panel may give a singledecision and is not obliged to disclose to the Respondent how individual members of the Disciplinary Panel voted or whether the decision was a majority decision or a unanimous decision.
- The standard of proof in all cases before the Disciplinary Panel and the Appeal Panel is the balance of probabilities.
- Any timescales or deadlines set in respect of matters dealt with under these Regulations may be extended by the Chair in the light of all material circumstances of the case and the individuals involved in the case.
- The Disciplinary Panel or the Appeal Panel may, where they deem it to be appropriate bearing in mind all the circumstances of the matter, request an independent person to act as adviser to the Panel(s).
- The Disciplinary Panel and Appeal Panel are not obliged to follow strict rules of evidence. They may admit such evidence, and attribute such weight to any piece of evidence, as they deem fit in the circumstances.
- The Club will not be liable to any person, Member or Participant for any loss, however, caused, whether direct, indirect, financial or consequential arising out of or in connection with any matters taken under these Regulations.
- Any relevant contact details for the Disciplinary secretary and any other relevant parties shall be available from the Club and communicated to Members from time to time and upon request.
- The laws of England & Wales shall apply to these Regulations.
APPENDIX 1
STANDARD DISCIPLINARY HEARING PROCEDURE
- If deemed to be required, prior to any hearing, the Disciplinary Panelwill set appropriate deadlines for the submission of any written evidence / representations requested from the Disciplinary Secretary or the Respondent.
- The hearing willbe convened by the Disciplinary Panel at a time suitable to the parties and communicated to the parties by the Disciplinary Secretary.
- The case against the Respondent will be presented by the Disciplinary Secretary, together with relevant evidence, including witness evidence, if appropriate.
- The Respondent will be granted the opportunity to present its case, challenge the evidence presented against them, submit their own evidence, call witnesses and make representations to the Disciplinary Panel. The evidence of further witnesses not notified in accordance with the Regulations will be admitted only at the discretion of the Chair of the Disciplinary Panel.
- A Representative representing a Respondent at a hearing may present and sum up their case, but they may not answer questions put to the Respondent.
- Before being called, witnesses will not be allowed in the room while evidence is being given.This does not apply in relation to the Complainant or Respondent.
- Questions may be put by the Disciplinary Panel to the Respondent and each witness on conclusion of their evidence.
- The Respondentwillhave the opportunity to raise questions in cross-examination.
- The Disciplinary Panel may limit cross-examination as it deems appropriate.
- The Respondent and the Disciplinary Secretary will be allowed to make a closing statement to the Disciplinary Panel.
- The room will be cleared and the Disciplinary Panel will deliberate and determine whether, on the balance of probabilities, the disciplinary charge has been proven.
- The hearing will reconvene and the Chair of the Disciplinary Panel shall either communicate its decision to the parties at the end of a hearing or notify the decision in writing at a later date as set by the Disciplinary Panel.
- Where a charge is proven the Respondent willhave the opportunity to present arguments in mitigation.
- The Disciplinary Panel will review the Respondent’s previous disciplinary record, where relevant, to consider sanctions.
- The room will again be cleared and the Disciplinary Panelwilldetermine the appropriate sanction.
- A record kept of all disciplinary proceedings and hearings and decisions.