Most people have a positive experience in volleyball and running clubs, but unfortunately problems such as disputes and poor behaviour can occur. This policy will help outline the management process of misconduct and disciplinary matters, to ensure any actions, recommendations, outcomes or sanctions are fair and reasonable.
COMPLAINTS PROCEDURES
COMPLAINT
A club complaint refers to a complaint involving an alleged breach of the club’s rules or any other dispute (club consitution or Code of Conduct).
When the Welfare Officer or another committee member has received a formal (written) complaint, they should consider carefully the most appropriate method of dealing with that complaint. This might be through informal discussions with the parties concerned, or through a more formal hearing.
It is important that there is clarity about the procedure to be followed whatever course of action is proposed and that all parties are made aware of the procedures and process that will be put in place. It is recommended that informal discussion or mediation is tried, if appropriate, before a formal hearing procedure is implemented.
If the complaint is about the behaviour of a player, this could lead to the disciplinary procedures being followed.
FLOWCHART PROCESS
DISCIPLINARY PROCEDURES
DISCIPLINARY OFFENCE
A "Disciplinary Offence" shall be committed if an individual's conduct is inappropriate, incorrect, improper, unlawful or unsporting and/or has the potential to bring volleyball (or any of its participants) into disrepute. This may include, but is not limited to:
any failure to comply with:
the Code of Conduct;
the Consitutition
behaviour that is otherwise considered unacceptable and contrary to the standards of behaviour or conduct expected;
any inappropriate behaviour such as giving or accepting a bribe, gift or reward;
any conduct which is alleged to be fraudulent;
conduct that raises any safeguarding or wellbeing concerns or issues.
Misconduct (examples which can be added or amended as necessary) | Serious Misconduct (examples which can be added or amended as necessary) |
Using inappropriate language | Violent behavior |
Internet misuse | Bullying |
Disagreements | Harassment |
Minor instances of not following code of conduct | Behavior that endangers others |
Lateness/Absence | Doping violations |
Competitions issues | Safeguarding policy breaches (children, young people & adults at risk) |
Discrimination | |
Financial misconduct | |
Match fixing |
ROLES AND RESPONSIBLITIES FROM A CLUB PERSPECTIVE
All matters of safeguarding should follow the clubs safeguarding procedures. A safeguarding concern can be reported to Volleyball England here.
Anything of a criminal nature should be reported to the police and/or the Local Authority Designated Officer (LADO). If you believe someone is injured or in immediate danger, then you should contact the emergency services without delay by calling 999.
For all matters related to accidents, damage or any incident that may result in a future liability insurance claim, they should be logged on the Volley England incident reporting form here.
Who should be involved?
Going through a complaints/disciplinary procedure, whether informal or formal, may require the support of different people, both internal and external to the club, throughout the process.
Club Welfare Officer: This is the person who receives any safeguarding concerns or complaints and to whom club members and/or volunteers turn to for support. They are responsible for reporting and recording all concerns. They are also responsible for communicating with all involved throughout the complaint, on behalf of the club committee, unless they are involved in the complaint then the club chair will take on this role.
Club Secretary: This is the person who receives the complaint and/or whom club members and/or volunteers turn to for support.
Club Committee: The Club Committee it responsible for the adherence by members to the club policies and procedures. A separate panel may be set up to hear the complaint. At a minimum, the panel should comprise of a chair and two independent members (not involved in the complaint), one of whom may have relevant ‘expert’ knowledge.
Disciplinary Committee: At a minimum, the panel should comprise a chair and two independent members, one of whom may have relevant ‘expert’ knowledge.
Please remember the individual who has made the complaint will be allowed to be accompanied by another individual.
Complainant: Any person or persons who have made a complaint.
Respondant: Any person or persons who have had a complaint made about them.
Claimant: any person or persons who have made a written allegation of improper conduct.
Bristol Volleyball Club is managed by volunteers and/or club members, and whilst every effort will be made to progress through this process efficiently, please allow 2 weeks between each stage of the flowcharts.
DISCIPLINARY FLOWCHART PROCESS
PREPARATION FOR HEARING
The disciplinary committee will find out all they can about the matter. Consideration must be given in all the relevant circumstances to ensure that everyone is treated fairly.
The disciplinary committee may wish to seek information from the respondent. In any case, they will have to inform the respondent that an investigation is being carried out and provide sufficient details of the matter to enable the respondent to provide a meaningful response, and invite the respondent to submit information to the disciplinary committee.
The following type of evidence could be collected:
Written records and documents
Photos and videos
Audio recordings/content
Social media/email screenshots
Statements from others.
All investigators should refer to the:
Club Complaints and Disciplinary Policy
Club Constitution
Code of Conduct
Other policies and procedures held by the club (depending on the nature of the grievance) may be required.
Remember, it is not the responsibility of individuals to determine whether the matter has taken place, but it is their responsibility to follow these procedures to come to a suitable conclusion.
INFORMAL RESOLUTION
An informal resolution requires follow-up action or investigation by the club to resolve it, without the need for a formal hearing.
Ways to resolve the disciplinary offence informally could be:
Talking to those involved in private
Hold a meeting to come to a joint solution
If no further action is needed, then the complaint can be closed; however, a formal record needs to be maintained, including the decision and reasons why.
If further action is required, this would go down the route of a disciplinary hearing. See below for guidance.
DISCIPLINARY HEARING
The Disciplinary Committee shall prepare a statement of the case, which is sent to all relevant individuals and shall include:
detail the facts relevant to the matter;
include specific reference to all the rules, regulations or codes considered to have been breached;
disclose any information relied upon, such as documentation and/or witness testimonies;
details of the 3 (three) members of the Disciplinary Committee; and
the date of the hearing
Written reciept of confirmation will need to be sent by all.
The hearing:
The hearing shall take place in private, with the decision and any sanction being treated as confidential by all parties.
Following a fair procedure, the disciplinary committee should decide on the best outcome and make recommendations to the club committee. The club committee should implement the recommendations set out by the panel in line with the rules of the club constitution.
All information relating to the hearing should be minuted and shared with all attendees.
DECISION REVIEW
Where the relevant matter is admitted or proven, the Disciplinary Committee shall have power to determine and pronounce sanctions. Sanctions must be reasonable and proportionate in all the circumstances.
Examples and a non-exhaustive list are set out below. This is for guidance only and provides a non-exhaustive range of sanctions.
No | Example sanction |
1. | Caution, reprimand, warning as to future conduct |
2. | Suspension of membership and/or from participation in events for a specified period. In full or specific class of membership (e.g. coach, player, official)* |
3. | Fines or non-payment of expenses fees for services provided** |
4. | Lifetime suspension of Bristol Volleyball Club membership. In full or specific class of membership (e.g. coach, player, official). Volleyball England should be informed of this. |
5. | Requirement to attend training/additional mentoring or have additional supervision for a period |
6. | Forfeiture of competition prizes and/or placings/ playing opportunities |
*This will need to include a timescale.
** To be made payable to the club bank account within 28 days.
APPEALS
Clubs should offer members the right to appeal. An appeal may be raised if it is felt:
the complaints and disciplinary outcome is wrong, or too severe.
any part of the complaints and disciplinary procedure was wrong or unfair.
there is new evidence to show. If an appeal is submitted, the club will need to look again at the case to see if the procedure was followed correctly and the outcome was fair.
Any appeals must be received by the Secretary within 7 (seven) days of receiving the written decision.
This appeal should be investigated by someone who has not previously been involved in the disciplinary process.
Please remember that an appeal hearing will follow the hearing process above.
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