Sobell Bridge Club Schedule of Disciplinary Procedures
1. 1. Requirements of the Schedule
This Schedule prescribes the procedures to be observed following, and with relation to, the allegation of an offence, committed by a member, of the Club, the Defendant, against any other person, the Complainant. Where reference is made to any person in the singular, the reference shall also apply in the plural.
An offence shall be considered when either
i. committed by a club member against another club member
ii. committed against a Complainant where the Complainant is not a club member, yet the offence has been drawn to the attention of a Club Committee member and relates to the Defendant’s behaviour in their capacity as a club member.
The EBU disciplinary procedures shall be complied with, and any variations thereof that are made from time to time. The Club shall act through its Executive Committee and Disciplinary Subcommittee for the enforcement of standards prescribed in clause 12 of its Constitution. The Club shall have additional powers as set out in the clauses below.
2. 2. Executive Committee
The Executive Committee shall comprise the Club President, Chairperson and Conduct Officer.
3. 3. Conduct Officer
The Executive Committee of the Club shall appoint a Conduct Officer through its powers to appoint Officers under clause 12 of the Constitution.
4. 4. Disciplinary Subcommittee.
When required to adjudicate an offence, the Club Committee shall appoint the Disciplinary Subcommittee through its powers to appoint subcommittees under clause 12 of the Constitution. The Disciplinary Subcommittee shall consist of three members of the Club, other than members of the Executive Committee. At least one member of the Subcommittee shall be a member of the Club Committee. The Disciplinary Subcommittee shall act by simple majority vote. The Disciplinary Subcommittee shall nominate a Chairperson.
5. 5. Conflicts of Interest and Independence of the Executive Committee and Disciplinary Subcommittee
A member of the Executive Committee who is in any way personally involved in the allegations in a complaint shall not participate in the disciplinary procedure, and a temporary replacement shall be appointed by the Club Committee to deal with all aspects of the matter until resolved.
A club member involved in, or affected by, the complaint shall not be eligible to be elected to serve on the Disciplinary Subcommittee.
No member of the Executive Committee shall be a member of the Disciplinary Subcommittee.
6. 6. The Complaints Process
6.1 Receipt of allegation
Any person making a complaint or alleging an offence shall, under the terms of clause 12 of the Constitution, do so in writing to the Conduct Officer within 4 weeks of the incident.
6.2 Investigation
The Conduct Officer shall be responsible for investigating the complaint, gathering evidence, and presenting his/her findings to the Executive Committee members. The Executive Committee shall determine whether the complaint or matter falls within the scope of the Disciplinary Rules, and whether further action is warranted.
i. Complaint not justified.
If the Executive Committee decides that the complaint is not justified, all parties shall be notified, and no further action shall be taken.
ii. Complaint justified
If it is decided the Executive Committee that the complaint has merit, the Conduct Officer shall write to the Defendant, within 2 weeks of the complaint being received, seeking the Defendant’s response to the allegation made.
The Conduct Officer shall have the discretion to offer a verbal caution to the Defendant, which if accepted, shall conclude the matter.
6.3 Further action (if required)
In the event the Conduct Officer does not feel a caution is appropriate, or the caution is not accepted by the Defendant, the Conduct Officer shall refer the case to a Hearing by the Disciplinary Subcommittee. The Defendant shall be notified, in writing, within two weeks of this decision of his/her right to make a written defence to the Disciplinary Subcommittee and to attend the Hearing. The Disciplinary Sub Committee shall give at least two weeks’ notice of any Hearing to the Defendant.
7. 7. Disciplinary Subcommittee Hearing Procedure
a. The Disciplinary Hearing shall address only the matters raised in the Complainant’s complaint and the Defendant’s defence. No new matters shall be introduced at the Hearing.
b. Both the Complainant and the Defendant shall be entitled to bring one witness, and any witness evidence shall be limited to substantiating or rebutting an allegation, and no new information shall be considered.
c. The Defendant shall have the right to be accompanied by one person (other than his/her witness) to the Hearing
d. The Disciplinary Subcommittee Chairperson shall conduct the proceedings.
e. The Chairperson of the Disciplinary Subcommittee shall read out the complaint.
f. The Defendant may raise his/her defence.
g. The Subcommittee, via the Chairperson, may question the Complainant/Defendant/Witnesses.
h. The Subcommittee shall retire to consider submissions.
i. The Subcommittee shall make its decision, which shall be binding.
7.1 Disciplinary Sub Committee’s Sanctions
If, after the hearing, the complaint is upheld, the Disciplinary Subcommittee may at its absolute discretion action any of the following:
a. Give a written reprimand to the offending member.
b. Suspend the offending member from club sessions and/or all or some of the competitions sponsored or licensed by the Club for such period as it shall determine.
c. Expel the offending member from the Club.
d. The decision of the Disciplinary Subcommittee shall be binding.
If the complaint is against a member of the Club Committee, in addition to any other sanctions applied, the Disciplinary Subcommittee shall have the power to suspend such member from the Club Committee and any of its subcommittees for such a period that it shall determine.
Any sanctions imposed by the Disciplinary Subcommittee must be communicated to the offending member in writing within twenty-one days of the hearing. Any sanction imposed by the Disciplinary Subcommittee shall take effect as soon as the time for an appeal has elapsed except that, if the Defendant has filed a Notice of Appeal within the time allowed, the sanction shall not take effect until such appeal has been determined.
7.2 Appeal
A Defendant found guilty of an offence by the Disciplinary Subcommittee has the right to appeal to the County Disciplinary Committee. Appeals must be in writing and lodged with the Secretary of the Association within twenty-one days of the written communication of the Disciplinary Subcommittee’s decision to the Defendant.
7.3 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 so doing, the County Disciplinary Committee shall have fully discharged its responsibilities under this Schedule.
7.4 External Legal Advice
The Conduct Officer shall also be entitled to make such further investigations and enquiries as he/she considers appropriate. The Conduct Officer may also seek advice both from within the Club and from the EBU Laws and Ethics Committee, and to obtain external legal advice.