BEDWORTH RUGBY CLUB LIMITED
CODE OF CONDUCT & DISCIPLINARY POLICY
MAY 2024
PURPOSE
This document sets out:
• the Code of Conduct which applies to all members at all levels of the Club, including the Mini & Junior and Ladies sections.
• the process for raising a complaint about a member’s conduct
• the Disciplinary Procedures for enforcement of the Code of Conduct.
AUTHORITY OF CODE OF CONDUCT & DISCIPLINARY POLICY
This policy has been created to supplement the Articles of Association for Bedworth Rugby Club Limited, namely but not limited to:
• Section 2.11
• Section 2.12
• Section 7.2
• Section 30.3
• Section 31
CODE OF CONDUCT
The stated aim of the Club is the promotion of, and development and participation in the game of Rugby Union. We subscribe to the game’s Core Values of:
• Teamwork
• Respect
• Enjoyment
• Discipline
• Sportsmanship
Players, spectators, and all members of the Club are effectively representatives of the Club and the game.
It is expected that their behaviour will be consistent with the Core Values and will not bring the Club into disrepute.
Members who fail to live up to this expectation may be subject to informal intervention by the Senior officers (Directors), Disciplinary Chair and Committee Members of the club.
In more serious cases, they may be formally sanctioned in line with the club’s Disciplinary Procedures.
The following are examples of behaviour which is clearly contrary to the game’s Core Values and the Club’s Code of Conduct:
• Breach of the Club’s Safeguarding Policy
• Verbal or physical abuse
• Bullying or threats of violence
• Discrimination on the grounds of sex, gender identity, race, religion or belief, sexual orientation, age, or disability
• Sexual harassment, including unwanted touching, kissing or comments of a sexual nature
• Using, possessing, or supplying illegal drugs or any other illegal items in the clubhouse or whilst representing the Club
• Intentional or reckless damage to club property or the property of other members or visitors
• Theft or fraud
The above is not an exhaustive list. The overriding principle is that members should act in accordance with the Core Values.
It is expected individuals visiting the club abide by the same code of conduct whilst in the vicinity of Bedworth Rugby Football Club.
BEHAVIOUR IN THE CLUBHOUSE
Everyone using the clubhouse is expected to comply with all rules and requirements set out by Bedworth Rugby Football Club and the licensing restrictions which apply to the Club.
Senior Officers, Committee Members and Bar staff (during their shifts) have full discretion to eject anyone from the clubhouse. They also have full discretion to close the clubhouse early if they find the behaviour of members and/ or visitors unacceptable.
CLUB RULES
Copies of all documents, rules and polices applicable to members are held, Any member who requires a copy should contact the Secretary of the club.
HOW TO RAISE A COMPLAINT
As a voluntary organisation with a finite number of volunteer hours, Bedworth Rugby Football Club looks to resolve matters in the simplest way possible.
If there is a conduct issue regarding another member which you think could be handled quickly and informally, please speak to one of the Senior Officers and/ or Disciplinary Chair of the club.
Nonetheless, if you feel there has been a potential breach of the Club Code of Conduct which warrants formal investigation, do not be afraid to speak up.
You can report the matter to the Disciplinary Chair, preferably in writing as this enables a record to be kept. If you are not comfortable with raising the matter directly with the Disciplinary Chair, please consult one of the Senior Officers.
When raising a complaint, keep in mind that those investigating it are acting as volunteers and do not have unlimited time.
Any complaint should be made as soon as possible after the alleged incident so that any witnesses can be spoken to while events are still fresh in the memory and, if necessary, evidence can be preserved. Complaints that are raised more than 14 days after an incident will not ordinarily be considered.
CLUB DISCIPLINARY PROCEDURES
These procedures are intended to help maintain standards of conduct and to ensure fairness and consistency when dealing with allegations of misconduct.
They may be amended at the discretion of the Senior Officers & Committee.
All disciplinary matters at the club shall be conducted in a fair and just manner and in accordance with the fundamental principles of natural justice. Procedural and technical considerations shall take second place to the overriding objective of achieving a fair and just result.
INVESTIGATION
The Senior Officers have delegated the task of investigating disciplinary matters to the Disciplinary Chair.
The Disciplinary Chair has been invested with the power to suspend a member from using the clubhouse and/ or participating rugby activity pending the resolution of a disciplinary matter.
Suspension is not a disciplinary measure and may not be used or taken to imply guilt or misconduct. Suspension will only be considered where the alleged disciplinary offence makes it appropriate.
Any suspension will be confirmed in writing, kept as short as possible and reviewed regularly.
The Disciplinary Chair will investigate alleged breaches of the Club Code of Conduct that are raised directly with them.
Investigating a disciplinary matter will include speaking to the club member(s) involved to get their version of events.
Members may be asked to put matters in writing, such as in a witness statement.
The Disciplinary Chair may also gather other types of evidence, however, no obligation to do so where the Disciplinary Chair considers that other evidence is sufficient.
WITNESS STATEMENTS
A key principle during investigations is maintaining consistency. Each witness should be asked the same questions. If a follow-up with one witness leads down an unexpected trail, it is absolutely okay to go back to other witnesses to ask those same types of follow-up questions.
Witnesses should not be “led” by the questions posed, and their account should be their own version of events, keep details of the event to a bear minimum ensuring the information provided and recorded has not been influenced in anyway.
Examples of questions and templates can be found in the Appendices section of this document; These questions are not an exhaustive list and can be updated as seen fit as long as the above key principles have been maintained.
NOTIFICATION OF RELEVANT MEMBERS
If the disciplinary matter relates to acts occurring during training sessions, or on club transportation to and from matches, the relevant member(s) and Senior Officers should be notified by the Disciplinary Chair at the outset of the investigation.
If the matter relates to conduct within the clubhouse, the Senior Officers should be notified by the Disciplinary Chair at the outset of the investigation.
WHERE CODE OF CONDUCT BREACH IS ADMITTED
If, on speaking to the Disciplinary Chair, a member accepts that they have breached the Club Code of Conduct, the Disciplinary Chair will take a view as to the seriousness of the breach and recommend appropriate action to the Senior Officers for endorsement. Sanctions can include, but are not limited to, verbal warnings, written warnings, suspension from playing, training, or using club facilities, and expulsion from the club.
Any action which is recommended to the Senior Officers and endorsed by majority vote, will be notified to the member(s) admitting the charge and, if relevant, the member(s) who raised the complaint.
If the recommendation is to hold a disciplinary hearing, the Disciplinary Chair will then commerce the construction of a disciplinary panel.
WHERE A BREACH OF THE CLUB CODE OF CONDUCT IS NOT ADMITTED
The Disciplinary Chair will determine whether there are grounds to refer the matter to a Disciplinary Panel for a hearing and will seek endorsement from the Senior Officers by majority vote.
Alternativity, the Disciplinary Chair will take a view as to the seriousness of the breach and recommend appropriate action to the Senior Officers for endorsement by majority vote.
Any action which is recommended to the Senior Officers and endorsed, will be notified to the member(s) admitting the charge and, if relevant, the member(s) who raised the complaint.
If the recommendation is to hold a disciplinary hearing, the Disciplinary Chair will then commerce the construction of a disciplinary panel.
The decision in this regard will be notified to the member(s) subject to the investigation and, where relevant, the member(s) who raised the complaint.
DISCIPLINARY PANEL
A Disciplinary Panel will be convened if a matter has been referred to it by the Disciplinary Chair and/ or the Senior Officers.
A Disciplinary Panel should consist of but is not limited to the following people:
1. Chair
2. Two Panel members
3. Panel Disciplinary Secretary
There is no requirement for anyone on the Panel (including the Chair) to be legally qualified.
The Disciplinary Chair will recommend the makeup of disciplinary panel, based on the type of misconduct, this will need to be ratified by the Senior Officers of the club by majority vote.
It is recommended that if the breach of the club code of conduct is in relation to a certain section of the club that has its own committee, that at least one of the that sections committee should be included as a panel member and/ or additional panel member but cannot assume the role of Chair or the Panel Disciplinary Secretary.
The Disciplinary Secretary should not be involved (or give the impression that they are in any way involved) in the decision making, they must remain impartial at all times. They record minutes of the hearing and liaise with the Disciplinary Chair to ensure the code of conduct & disciplinary policy has been adhered to and assist with any actions prior, during and after the disciplinary panel.
Those sitting on the Disciplinary Panel must ensure that the principles of natural justice are followed. All hearings must be conducted fairly, by an objective panel, with the accused person given a full opportunity to answer the charge and call any evidence in support.
Those accused are also entitled to be assisted or represented by a person of their choice.
The Panel Chair should ideally be a Senior Officer within the club with experience of chairing hearings and/or meetings.
PURPOSE
The purpose of the disciplinary panel is to hear evidence relating to a disciplinary charge and any representations from those involved. Having done so, the Panel will reach a factual determination as to whether the Club’s Code of Conduct has been breached. If it decides that there has been a breach, or a breach has already been admitted and the matter has been referred to the panel for sanction, the panel will determine the appropriate sanction.
REPRESENTATION
Any member facing a Disciplinary Panel is entitled to be represented by any person of their choice. The choice of representative should be notified in advance to the Disciplinary Chair.
If the Disciplinary Panel results from a complaint made by a club member, the complainant shall be entitled to attend the hearing and be accompanied by a chaperone of representative of their choice.
MEMBERSHIP
The membership of a Disciplinary Panel will be determined by the Disciplinary Chair and ratified by the Senior Officers of the club.
Any person accused of, or having raised a complaint of, a breach of the Club Code of Conduct is ineligible to sit on the Disciplinary Panel convened to consider that matter.
Any person considered a witness is ineligible to sit on the Disciplinary Panel convened to consider that matter.
POWERS
Any Disciplinary Panel formed under this procedure has the power to verbally caution, give written warnings, suspend, or expel members from playing, training or club membership.
This is not an exclusive or exhaustive list; the Panel has full authority to take such action as it deems necessary, having heard, and studied all evidence provided, including any defence to any allegation.
The Panel will be the arbiters of evidence heard, mitigating circumstances and sanctions to be applied.
The Panel’s decision will be recorded and summarised in a memorandum of the disciplinary hearing (See Appendices).
CONFLICT OF INTEREST
If the breach of the club code of conduct is in relation to the Disciplinary Chair, the Senior Officers of the club will appoint an alternative Disciplinary Chair
If the breach of the club code of conduct is in relation to a Senior Officer of the club, they will be omitted from this process in its entirety.
Any person considered a witness is ineligible to sit on the Disciplinary Panel convened to consider that matter.
APPEALS
The following matters may be appealed to the Disciplinary Chair for review:
• A Disciplinary Panel’s decision that a charge is, or is not, made out
• Any sanction applied to a club member by a Disciplinary Panel
• A decision not to refer a matter to a Disciplinary Panel
Appeals will not ordinarily be considered if they are submitted more than 7 days after the relevant decision and can only be made by the accused, the member(s) who raised the complaint or any Senior Officer of the club.
APPEALS PROCESS
A Review Panel will be convened if an appeal has been referred to the Disciplinary Chair.
A Review panel should consist of to the following people:
1. Disciplinary Chair
2. Disciplinary Panel
3. Senior Officers of the Club
There is no requirement for anyone on the Review Panel (including the Chair) to be legally qualified.
The Disciplinary Secretary should not be involved (or give the impression that they are in any way involved) in the review process, they must remain impartial at all times. They record minutes of the Review and liaise with the Disciplinary Chair to ensure the code of conduct & disciplinary policy has been adhered to and assist with any actions prior, during and after the Review panel.
PURPOSE
The purpose of the Review panel is to confirm that the disciplinary policy has been duly followed, and to review and consider the details of the Appeal in relation to the initial outcome of disciplinary process.
No further evidence can be submitted, reviewed, or come into consideration.
NOTIFICATION
Upon receipt of Appeal the Disciplinary Chair will notify all relevant stakeholders.
Upon outcome of the appeal review the Disciplinary Chair will notify all relevant stakeholders.
POWERS
The Review Panel formed under this procedure has the power to overturn and adjust the initial outcome of disciplinary process but must be by majority vote.
The Disciplinary Chair after review, will call a vote amongst the Review Panel as follows:
1. Should the outcome of the disciplinary process be overturned or adjusted?
a. No– Decision to be noted and Disciplinary Chair closes the Review Panel and will notify all relevant stakeholders.
b. Yes– Decision to be noted, the Disciplinary Chair will call a secondary vote amongst the Review Panel (2)
2. Should the verdict of the disciplinary process be overturned?
a. Yes– Decision to be noted and Disciplinary Chair closes the Review Panel and will notify all relevant stakeholders.
b. No– Decision to be noted, The Disciplinary Chair will call a third vote amongst the Review Panel (3)
3. Should the sanction of the disciplinary process be adjusted?
a. No - Decision to be noted and Disciplinary Chair closes the Review Panel and will notify all relevant stakeholders.
b. Yes - The Disciplinary Chair will request those members of the Review Panel who voted in favour of the adjustment to outline their adjustments to the Review Panel.
ADJUSTMENTS
The Disciplinary Chair will summarise the proposed adjustments and they will be voted on (one by one if necessary) by the Review Panel in its entirety until a majority is secured.
This can be in the form of a “round robin” and/ or process of elimination based on votes secured.
If no Majority Vote is secured the initial outcome of the disciplinary process is upheld, and Disciplinary Chair closes the Review Panel and will notify all relevant stakeholders.
The outcome of the review Panel will be recorded and summarised in a memorandum of the Review hearing.
