Disciplinary Procedure
Document version 1.1. Last updated 28th February 2024
1 General Disciplinary Process
1.1 Minor faults or shortcomings in behaviour should normally be dealt with informally by a Committee Member or appointed Bailiff with a view to reaching agreement on the improvement required.
1.2 Informal warnings will not form part of the Disciplinary Procedure.
1.3 The Disciplinary Procedure is intended to provide a formal framework to deal with the situation where an individual’s conduct falls below acceptable standards and to ensure fair and consistent treatment of all members in such circumstances.
2 Discipline in the field
Where a Society Bailiff finds a member infringing the Society Rules or Bye-laws, the following actions will apply:
2.1 If an offence is deemed to be unintentional or not serious enough to warrant a written warning, the Bailiff may issue a verbal warning. Further offences following a verbal warning may result in a written warning being issued.
2.2 If a rule or bye-law infringement is deemed severe enough to warrant more than a verbal warning, the following process will result.
2.2.1 For a first offence which is deemed to warrant a formal warning, the Bailiff will clip the membership card once. Where the member’s documentation is in electronic form, the Bailiff will document the event and report the offence to Head Bailiff.
2.2.2 For subsequent offences or where the offence is deemed to be more serious, the membership card will be clipped a second time. Where the member’s documentation is in electronic form the Bailiff will inform the member of the severity of the offence, which will then be documented and reported to the Head Bailiff.
2.2.3 For a third offence that is deemed to warrant a written warning, or where the offence is deemed to be gross misconduct the offender’s Membership Card will be clipped three times. The bailiff will confiscate the offender’s membership card and ID card and the member will be advised that they are suspended subject to the formal Disciplinary Process. Where the member’s documentation is in electronic form the offender will be advised of the severity of the offence and that their membership is suspended pending the formal Disciplinary Process. The offence will then be documented, the member will be required to sign acknowledgement of the written report, and the Bailiff will send the report to the Head Bailiff.
2.2.4 Upon receipt of a report of misconduct resulting in a formal warning, the Head Bailiff may, at their discretion, advise all Bailiffs of the warning and it’s severity.
2.2.5 In the event of gross misconduct, the formal Disciplinary Process will be instigated.
2.3 For all infringements, the Bailiff will be required, at the time of the offence(s), to record the event and to inform the member which rules or bye-laws have been transgressed.
3 General principles for the operation of the formal Disciplinary Process
- Formal disciplinary action should not be taken until the matter has been investigated.
- Where an allegation of misconduct is made against a member, the member may be suspended from all Society activities while an investigation is carried out. The member should be informed that suspension is a neutral act, that it is not a disciplinary penalty and does not imply guilt.
- The member should be advised of the allegations against them and have an opportunity to state their case before any formal disciplinary decision is made.
- The member should be provided, with any written copies of evidence and relevant witness statements in advance of a disciplinary meeting.
- At every stage of the formal disciplinary procedure, the member will have a right to be accompanied at any disciplinary meeting by another Society member.
- A member should not be dismissed for a first breach of the Rules and Bye-laws subject to the discretion of the Committee.
- The member concerned will have the right to appeal against any formal disciplinary penalty.
4 Formal Disciplinary Process
4.1 The Committee should set out in writing to the member, the alleged conduct or other circumstances which have led the Committee to contemplate formal action and the member should be invited to a meeting to discuss the matter.
4.2 Disciplinary meeting
- The meeting should not take place until the member has been informed of the basis for the grounds given in the original notice of formal action and the member has had a reasonable opportunity to consider their response to such information.
- At the meeting the Committee should explain the complaint against the member concerned and go through the evidence that has been gathered.
- The member must take all reasonable steps to attend the meeting. In the event of their non-attendance, the matter will be dealt with in their absence.
- After the meeting the member will be informed in writing of the Committee’s decision.
- At any meeting under the Disciplinary Procedure the member concerned should be given the right to be accompanied by another Society member to act in a supporting capacity but such companion may not usually answer questions on behalf of the member subject to the procedure.
- The member concerned has the right to call witnesses or ask questions of any witnesses called by the Committee.
4.3 Right of Appeal
- If the member wishes to appeal they should inform the Society Secretary in writing within the time frame stated in the decision notice. The member should set out specific reasons for the appeal.
- Where appropriate the appeal may be referred to the next Annual General Meeting of the Society to which the member will have the right to attend. Following such an appeal, the member shall be informed in writing of the final decision as determined at the General Meeting.
5 Disciplinary Sanctions
As part of any disciplinary procedure, where the Committee considers it appropriate to do so, they may impose a disciplinary sanction or penalty appropriate to the severity
5.1 Verbal warning
If the member’s conduct does not meet acceptable standards, they may be given a formal verbal warning.
5.2 Written warning
If the offence is more serious or if there is insufficient improvement after a verbal warning a written warning may be given. This will set out the nature of the misconduct.
5.3 Ban, Suspension or Termination of Membership
Where there is continued misconduct, or the offence is considered to be Gross Misconduct, the Disciplinary Process may result in the member receiving a ban for a specified period or being expelled from the Society.
5.3.1 Matters which may be considered Gross Misconduct may include, but not be limited to:
- dishonesty, theft and fraud from the Society or its members and or others.
- deception, for example making untrue statements in membership applications or falsifying expenses incurred on behalf of the Society, etc.
- vandalism or sabotage of Society equipment and property
- fighting, or seriously disruptive behaviour or offensive or abusive language.
- serious misuse by of computer, email and internet systems, including posting to Society websites or social media.
- misuse of Society financial or other confidential Society information.
- acts of bullying, harassment or discrimination.
- being in possession of or under the influence of alcoholic drinks, illegal drugs or other intoxicants
- misconduct which may bring the Society into disrepute.
- serious breaches of the Societies policies, procedures and safety rules.
- deliberate or serious damage to property or causing loss, damage or injury through serious negligence.
- deliberate actions or use of equipment that is likely to cause serious risk to fish, flora and fauna.
TWAPS
Consideration should be given to the public and other Members present at all times.