This document defines the disciplinary procedure for any breach of health & Safety or club rules.
2. Purpose
There may be occasions when the Club code of ethics is broken and the health and safety of a club member, official or visitor is endangered and has to be dealt with by the club in an appropriate manner.
(It must be noted that a Club only has the power to legislate for a breach of its own rules and can only suspend a swimmer from its own club activities. The key ASA Law to be followed is Law 134. A Club does not have the power to handle a dispute relating to a member of another Club, or deal with an offence against ASA Law.)
In the first instance and where appropriate FOR THE SAFETY of all those involved all matters should initially be dealt with by the attending coach, team manger or Club official present. This may involve temporary removal from the water or temporary suspension followed by a report to the Club officers who would then adopt the following procedure.
(It is assumed for the purpose of this procedure that the dispute is between the Club and one or more of its members. It is most important that the same people in the Club do not become both the prosecutor and the judge or the defender and the judge. If the Committee or its officers are either the prosecutor or defender or involved in the dispute then they must find other members not connected with the matter to hear the evidence from both parties to the dispute.)
3. Scope
In the first instance and where appropriate FOR THE SAFETY of all those involved all matters should initially be dealt with by the attending coach, team manger or Club official present. This may involve temporary removal from the water or temporary suspension followed by a report to the Club officers who would then adopt the following procedure.
It is assumed for the purpose of this procedure that the dispute is between the Club and one or more of its members. It is most important that the same people in the Club do not become both the prosecutor and the judge or the defender and the judge. If the Committee or its officers are either the prosecutor or defender or involved in the dispute then they must find other members not connected with the matter to hear the evidence from both parties to the dispute.
4. References
The following documents have been used in the preparation of this document:
· Additional guidance can be obtained from the ASA Handbook Judicial Laws.
· The Sports Council have also issued a booklet “Getting it Right” a Guide to Sports Ethics and Disciplinary Procedures (may also be obtained from ASA Head Office))
· Guidance taken from ASA Judicial Laws 2001
5. Procedure
1) On receipt of the dispute every effort should be made to resolve the matter by informal discussion.
2) If this is not possible a panel shall be convened to address the dispute. This panel should consist of the following :-
· Three persons, one to act as Chairman. A Secretary may also be needed.
· The panel will consist of people not involved in the dispute and the club may want to ask individuals from outside the Club to sit on the panel.
3) The Chairman of the panel should notify both parties of the date, time and place of the hearing and the names of the panel members.
4) Both parties should be given copies of all the papers and every effort should be made to hold the hearing within 14 days of the receipt of the dispute.
5) If either party is under 18 years of age they must be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them present their case.
6) Both parties should be allowed to bring witnesses.
7) The hearing should be as informal as possible but needs to be controlled. Points to note.
· The Complainant should present evidence first and the accused should have the right to reply.
· Both parties to the dispute should be able to call witnesses, the Complainant going first and each party should be allowed to question the other party's witnesses.
· Witnesses should wait outside the hearing room until they are called. After questioning they should wait in the hearing room, taking no further part in the proceedings.
8) The Chairman or Secretary should make notes of the hearing and the panel should make every effort to announce their decision verbally to all the parties without delay followed by written confirmation to reach all parties within five days.
· The powers of Clubs regarding the disciplinary action they can apply must not exceed those in ASA Judicial Laws 129/130, which can result in full suspension from Club activities for whatever period the panel shall decide, or in expulsion. The panel if it wishes can impose a lesser penalty such as a written or verbal reprimand If either party to the dispute is dissatisfied with the out come they are still entitled to make a Complaint to the Judicial Administrator at ASA Head Office, Loughborough.)
· If either party to the dispute is dissatisfied with the outcome they are still entitled to make a Complaint to the Judicial Administrator at ASA Head Office, Loughborough.