This procedure is to be used in cases where the actions or behaviour of a member of Notts DA have been judged to have been inappropriate. Usually, this will be because a complaint against the member has been upheld by the DA’s complaints procedure.
The procedure is subsidiary to CTC’s master complaints procedure and might not be suitable in all circumstances. If this is thought to be the case, then reference should be made to the master procedure.
The purpose of this procedure is to ensure that members are treated in a fair and equitable manner which takes into account both the nature of the conduct complained about and the voluntary nature of the DA. The proceedings are intended to be informal, but to be (and be seen to be) fair.
In extreme circumstances, the DA secretary may suspend an individual from all participation in the affairs of the DA until such time as an investigation into the complaint against them has been completed.
2. The procedure.
When a complaint against a member has been upheld, under the club’s complaints procedure, then a subcommittee will be formed to decide on the appropriate disciplinary action and to progress this action. The subcommittee will comprise at least three members of the DA committee. No member of the subcommittee should be connected in any way with the complaint or any of the parties to the complaint.
The first action of the subcommittee will be to determine the appropriate disciplinary sanction. The choice of available sanctions is described more fully in the following section, but can range from an informal warning combined with some simple counselling, through more formal verbal or written warnings, to either temporary or permanent exclusion from the activities of the DA. Once the appropriate disciplinary sanction has been agreed, then a responsible officer will be chosen from within the subcommittee. The responsible officer will contact the member to arrange a disciplinary hearing.
The member will be given 14 days written notice of the disciplinary hearing and will be advised of the purpose of the hearing. He/she will be informed of his/her rights, including the right to have a representative of his/her choice present at the hearing. If appropriate, the member will be given the opportunity to inspect documentary evidence at least one week before the hearing. The member may agree with the responsible officer that a personal hearing is inappropriate, in which case the disciplinary sanctions will be communicated to the member by post or by telephone.
The responsible officer will be supported at the disciplinary hearing by another member of the subcommittee, who will keep notes of the proceedings. At the hearing, the responsible officer will inform the individual about the complaint which has been made against them, the outcome of the investigation into the complaint and the disciplinary sanctions which it is proposed to impose. Individuals will have the right to argue their cause and they can also call witnesses in their support.
Subsequent to the disciplinary hearing, the responsible officer will make a final decision regarding the proposed disciplinary action. This decision will be confirmed to the member in writing within 14 days of the hearing.
In the event of someone refusing to recognise or respond to a disciplinary hearing, the person shall be deemed to have refused to accept the rules and procedures of the CTC and may be subject to removal from membership.
3. Disciplinary Sanctions
The primary purpose of disciplinary sanctions is to secure good behavioural outcomes and the reputation of the club. Depending on the seriousness of the situation, any of the results below may occur.
i Informal Warning / Counselling
When the complaint is judged not to have been too serious and there have been no previous complaints about the member’s behaviour, it may be decided that the responsible officer should simply discuss the inappropriate behaviour with the member and talk about how this can be improved in future. A note will be kept of the complaint and the discussion for 18 months.
ii First (Verbal) Warning
In more serious cases, a first (verbal) warning should be given by the responsible officer who will record notes of the warning and provide a copy of these notes to the member receiving the warning. A first warning will be held on file for 18 months.
iii Written Warning
When it is decided that a first warning is not appropriate, bearing in mind the seriousness of the conduct or if no improvement in conduct has occurred or, if the offence is committed again, then a written warning letter from the responsible officer to the member will specify that it is the final warning before exclusion from DA activities. A written warning will remain on file for a minimum of 12 months.
iv Exclusion from DA Activities
For the most serious complaints or if no improvement in conduct occurs or, if the offence is committed again after the written warning, then the member may be excluded from participating in some or all DA activities either temporarily or permanently. The responsible officer will write to the member to communicate the exact terms of the exclusion. The responsible officer will also write to all section secretaries, and possibly to neighbouring DAs and/or other local cycling clubs, to advise them of the member’s exclusion from DA activities and the reasons for this.
v Removal from membership
In the most extreme cases, it may be that exclusion of an individual from membership of CTC is thought to be appropriate. Such a decision has to be taken by CTC Council and hence the matter would need to be referred there for action.
4. Disciplinary Appeals Procedure
On receipt of a disciplinary warning, a member will have 14 days to lodge an appeal in writing. The disciplinary warning will identify the person to whom appeals should be addressed. This will normally be the DA secretary unless this is inappropriate for some reason.
The appeal will be heard by a newly formed subcommittee of the DA committee. This subcommittee will again comprise at least three members from the DA committee, none of whom should have been a member of the original subcommittee. Again, no member of the subcommittee should be connected in any way with the complaint or any of the parties to the complaint.
The conduct of the appeal shall be exactly as the conduct of a disciplinary hearing.