Rules for the Conduct of Members

Updated 1 week ago by IT

Clause 9 – Rules for the Conduct of Members (in accordance with the 2006 constitution)

 Approved by CSC Committee October 2020

 Introduction

  1. CSC Constitution (2006) states in clause 9:
 9. Every member undertakes to comply with the Club’s Constitution and with its By-laws and such other rules and regulations as the Committee may from time to time determine.  Refusal or neglecting to comply or any conduct which the Committee feels harmful to the interests of the Club shall make a member liable for suspension or expulsion. Such members shall first be asked by the Committee for an explanation of their conduct and then given the choice of defending themselves or resigning their membership
  1. CSC Constitution (2006) states in clause 11b:
 11b. The Committee may make such by-laws, rules and regulations as they deem fit.
  1. The purpose of these rules is to describe how the Committee may make a decision regarding a member (or members) refusal or neglect to comply with the Club’s Constitution, by-laws, rules and/or regulations that the Committee may from time to time determine or that the committee feels is harmful to the interests of the club. If these rules or the operation of these rules contradict the Constitution in any way, the Constitution takes precedence.   The Committee may determine its own additional procedures in accordance with these rules and the overriding requirement of fairness. Where these rules prescribe a time limit by which a person must act or after which they must not act, the committee may vary that time limit if it is satisfied that in all circumstances it is reasonable to do so.
  2. These rules apply if:
    1. A concern is raised regarding a member’s refusal or neglect to comply with the Club’s Constitution, by-laws, rules and/or regulations that the Committee may from time to time determine; (compliance)
    2. A concern is raised regarding a member’s conduct; (conduct) and
    3. The concern (compliance or conduct) is harmful to the interests of the club.
NOTE a concern may be a single breach or a serious of breaches
  1. These rules apply to:
    1. All current members of the club (as defined by clause 4) over the age of 18 at the time a concern. Parents/ guardians are responsible for the conduct and compliance of members of the club under the age of 18.

Raising a concern

  1. Anyone can raise a concern about the conduct of a member or members including another member, a committee member or a member of the public.  A concern can also be considered if it is not specifically raised by an individual, for example, through social media, or as a result of a criminal conviction or caution.
  2. A concern may be raised through our form (link) or in writing to the club secretary, or in the case of a concern about the club secretary, to any member of the committee. 
  3. When the club secretary (or a committee member) receives a concern they shall investigate the concern in accordance with these rules.

Investigation

  1.  The club secretary (or a committee member if the concern is about the club secretary) will appoint a person (the investigator) who shall usually be a member of the club unconnected to the person(s) raising the concern and the member(s) about whom the concern is made. Investigations will be conducted in confidence and any reports or evidence will remain confidential and will not be published except as described below. 
  2. The investigator will investigate the concern as follows:
    1. Identify the member(s) who is/are subject to the concern;
    2. Establish the nature of the concern by gathering evidence and information from the person(s) raising the concern. The investigator may also seek information from third parties, including testimonials from witness;
    3. Establish if the concern relates to at least one of the categories in clause 4 (compliance or conduct);
    4. Gain the consent of the person(s) raising the concern to provide a copy of the concern and supporting evidence and information to the member(s) about whom the concern is made. (Concerns raised anonymously will not normally be investigated); and 
    5. Consider whether any further information is required to support the investigation.
  3.  The investigator must notify the member(s) about whom the concern is made and provide details of the concern (including a copy of the supporting evidence and information) and a copy of these rules and invite the member(s) about whom the concern is made to submit representations in writing to the investigator within 3 weeks.
  4.  Where the investigator is of the opinion that there is no credible evidence to substantiate a concern relating to at least one of the categories in clause 4 or such time has elapsed since the events giving rise to the concern is beyond any such period as the investigator might think fit, the investigator may reject the concern without further reference to the committee and inform the club secretary (or a committee member if the concern is about the club secretary) accordingly
  5. Where the investigator is of the opinion that there is credible evidence to substantiate a concern relating to at least one of the categories in clause 4 the investigator will prepare a report containing a summary of the information obtained, an analysis of issues for consideration and a list of allegations with evidence to the club secretary (or a committee member if the concern is about the club secretary) and must forward at the same time to the member(s) about whom the concern is made and the person(s) raising the concern.
  6.  A member is required to cooperate with reasonable enquiries made by the investigator. However, if a member resigns from the club by giving notice in writing to the membership secretary, the investigation will be put on hold until such time as the member reapplies for membership. 

Action by the Club Secretary

  1. Upon receipt of the investigation report the club secretary (or a committee member if the concern is about the club secretary) must:
    1. Seek determination (agreement) by consent; or
    2. Refer the allegations to a conduct panel; or
    3. Administratively remove the member from the club membership if the investigation report demonstrates the following:
      1. The application for membership was fraudulent or dishonest
      2. The member is or has been entered into the violent or sex offenders register or equivalent in any jurisdiction
  1.  Where the member admits the allegation and accepts the sanctions imposed the club secretary may determine (agree) the allegation by consent without convening a conduct panel. Determinations by consent shall be recorded in writing and remain confidential and will not be published. 

Conduct Panel

  1.  The conduct panel upon receipt of the investigation report referred to it by the club secretary must as soon as reasonably practicable notify the member(s) about whom the allegation is made and the person(s) raising the concern to establish a date, time and venue (if not conducted online) for the panel.
  2. Meetings of the conduct panel will be in private.  The quorum for the conduct panel shall be three people unconnected to the person(s) raising the concern and the member(s) about whom the allegation is made. The panel will comprise at least one person who is not a member of the club and at least one person shall be a member of the club. No member of the conduct panel may be a serving committee member.  The members of the conduct panel shall choose one of their number to chair the panel.  The conduct panel may at any time give directions for the management of the conduct panel meeting.
  3. Not less than two weeks’ before the panel meeting the investigator must provide the panel, and the member(s) about whom the allegation is made and the person(s) raising the concern a copy of the allegations, the investigation report, these rules and any documents to be relied upon by the parties.
  4. At the beginning of the meeting the allegation(s) will be put to the member(s) about whom the allegation is made and the member will be asked if they accept the facts and/or the impairment of conduct or compliance. The panel must give the member(s) about whom the allegation is made and the person(s) raising the concern and any other person the opportunity of being heard and may conduct the meeting in such a way as it considers most suitable in the overarching interest of fairness.
  5. At the end of the meeting the panel will meet in private to decide:
    1. Has the person(s) raising the concern proved the facts of the allegation on the balance of probabilities? If not, the case is closed.
    2. In the view of the conduct panel, do the proved facts amount to impairment of conduct or compliance? If they do not, the case is closed.
    3. If the facts being proved and impairment found, should a sanction be applied? If not, the case is closed. If they do, the conduct panel will receive submissions on sanctions from the person(s) raising the concern and then in mitigation from the member.
  6. Decisions of the conduct panel shall be a majority vote. If the decision of the panel is that one or more of the allegations has been proved and that amounts to impairment of conduct or compliance the panel after submission from each party may impose one or more of the following sanctions:
  • note the impairment of conduct or compliance but take no further action;
  • issue a private written warning to the member(s) as to future conduct or compliance;
  • suspend or disqualify the member from club competition, club coaching and/or administration and/or use of the club's premises for a set period;*
  • suspend the member(s) from the club’s membership for a set period (with a pro-rata refund of fees)*
  • terminate the member from the club’s membership (with a pro-rata refund of fees)*
[NOTE** consideration will need to be given to these sanctions in relation to a life membership, in accordance to the terms of sale of such a membership]
  1.  The conduct panel may announce its decision, with reasons, at the conclusion of its meeting or notify the parties and the club secretary of the decision and reasons as soon as reasonably practicable. Decisions of the conduct panel will be confirmed in writing to all parties.  The decision will remain private and confidential to the panel, the parties, and the club secretary. 

 Appeal

  1.  The letter notifying the decision of the conduct panel shall also set out the right to appeal.
  2. The member(s)about whom a finding has been made and the person(s) raising the concern may appeal the decision of the panel as follows:
    1. a finding that one or more of the allegations has been proved;
    2. any sanctions imposed
  3. The only ground upon which an appeal may be made is:
    1. that these rules were not followed leading to an identifiable unfairness
    2. a decision was made based on an error, is irrational, flawed or a sanction imposed is unduly harsh or lenient.
  4.  An appeal must be made in writing to the club secretary (or a committee member if the appeal is about the club secretary) and describe the grounds for appeal and copies of any documents on which the appellant proposes to reply for the purpose of the appeal within seven calendar days of receiving the written decision.
  5.  Upon receipt the club secretary (or a committee member if the appeal is about the club secretary) will determine if the grounds are arguable. The club secretary may then refer the decision to an appeal panel for consideration or determine if the grounds are not arguable and decline to accept the appeal.
  6.  Meetings of the appeal panel will be in private.  The quorum for the appeal panel shall be three people unconnected to appellant or the case. The panel will comprise at least one person who is not a member of the club and at least one person shall be a member of the club. No member of the appeal panel may be a serving committee member.  The members of the appeal panel shall choose one of their number to chair the panel.  The appeal panel may at any time give directions for the management of the appeal panel meeting.  
  7.  The panel must conduct the meeting in such a way as it considers most suitable in the overarching interest of fairness.  In determining the appeal, the panel may admit any evidence it considers fair and relevant to the case before it. Having considered the appeal, the panel may:
    1. dismiss the appeal
    2. allow the appeal (in whole and in part) and rescind the determination appealed against
    3. allow the appeal (in whole and in part) and substitute for the decision (in whole and in part) appealed for any other decision that the conduct panel could have made.
  8.  Decisions of the appeal panel shall be a majority vote.
  9. The appeal panel may announce its decision, with reasons, at the conclusion of its meeting or notify the parties and the club secretary of the decision and reasons as soon as reasonably practicable. Decisions of the appeal panel will be confirmed in writing to all parties.  The decision will remain private and confidential to the panel, the parties, and the club secretary. 

 

 


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