Disciplinary Policy

INTRODUCTION

1. The Club rules state that

4.6 (i) "Every member on joining the Club undertakes to comply with these Rules, and any byelaws made by the Committee, and any refusal to do so or any conduct unworthy of a member may the result in the membership (whether full or probationary) of such member being terminated, or reverted to the Probationary class of membership for a period of 2 years"

2. The purpose of this document is to inform members of what is regarded as "conduct unworthy of a member" ("misconduct") and of the procedures for determining the facts alleged to amount to unworthy conduct and any subsequent disciplinary process.

MEMBER CODE OF CONDUCT

3. Club members are expected to

a. Follow such operating, safety, social media and safeguarding procedures as the Club publishes from time to time.

b. Treat members and visitors with respect and understanding, regardless of age, disability, gender identity, race, religion or belief, sex or sexual orientation.

c. Volunteer for duties consistent with the Club's duty allocation principles and complete these and any other duties allocated to them under those principles.

d. Avoid the use of language that others may find offensive, whether on club premises, at a Club event, or when using the Club's social media channels.

e. Show courtesy to other harbour users.

f. Use established communication channels or procedures where there is a genuine concern or dispute, and respect the confidentiality required by any associated procedures. Failure to meet these expectations may trigger this disciplinary process.

4. Further,

a. abusive, aggressive or discriminatory language or behaviour,

b. a lack of respect for other people and their property,

c. conduct outside the Club which might bring the Club into disrepute by association, will be considered misconduct.

5. An action which could amount to a criminal offence, including the theft of, or deliberate damage to, members' or club property or data, the assault, bullying, defamation, harassment or abuse of members, or fraud or attempted fraud connected to Club finances, will always be considered as misconduct and will trigger the disciplinary process.

6. Misconduct should be reported to the Secretary in accordance with B1 below; any disciplinary action shall be undertaken only by the Committee and shall be in accordance with these procedures.

7. A complainant will be informed when the matter is finally concluded, but does not have the right to be informed of the nature of any sanction imposed, nor any right of appeal.

DISCIPLINARY PROCEDURES
A. Principles

1. Disciplinary matters will be concluded without undue delay.

2. Disciplinary matters will be treated confidentially and only those directly involved in the procedure will be informed.

3. For the purpose of this policy a person is "involved" if complaining or complained against, is related to either the complainant or the member complained against, or has been involved in a previous disciplinary action involving the same member.

B. Procedure

1.A A complaint of misconduct by a member. Any complaint should be made to a member of the Committee not involved, normally the Secretary, who shall acknowledge receipt and pass to the senior Flag Officer not involved,normally the Commodore, and available to be the Disciplinary Committee Chair (DCC).

1.B A proposal by the Committee to terminate membership, or to consider any other disciplinary sanction. The proposal shall be regarded as a complaint, and a committee member nominated as representative of the Committee as the complainant. The complaint shall passed to the President to appoint a Vice President or member to act as DCC.

2. The DDC shall

a. appoint two people none of whom shall be involved, and one of whom shall be a Vice President, to investigate the complaint. Those investigating shall not take part in any subsequent decision or appeal.

b. inform the member in writing of the of the nature of the complaint, of this disciplinary procedure and of the arrangements for the investigation.

3. If the presence at the club of the member who is the subject of the complaint may put others at risk, his/her membership and/or attendance may be temporarily suspended pending the investigation and the outcome of any subsequent disciplinary hearing Investigation

4. The investigation shall include checking facts and taking statements from the complainant and the member who is the subject of the complaint and from any members who have witnessed the behaviour complained of, and shall be determinative only of the facts.

5. A draft record of the investigation including any relevant documents and witness statements shall be communicated to the member investigated, the complainant and the DCC for agreement within seven days, or as maybe agreed but in any case no longer than fourteen days.

6. If, during the course of the investigation, it appears that the member may have committed a criminal offence, this may be reported to the Police.

Hearing

7. The DCC shall appoint four members not involved (and excluding committee members if the case is within 1.B) to make up a Disciplinary Committee to hear the case.

8. The date, time and venue for the disciplinary hearing shall be arranged and communicated together with the report of the investigation to the member, allowing sufficient time for the member to prepare his/her case, and to the complainant. The member shall be allowed to represented by another person (but not a professional lawyer).

9. If the member is unable, for good reason, to attend on the appointed date, the Disciplinary Committee should endeavour to agree a suitable alternative date. If the member is unable to agree a mutually acceptable date within a reasonable period, the hearing may take place in his/her absence

10. The disciplinary hearing shall make its decision on the basis of the agreed facts determined by the investigation.

11. The Disciplinary Committee may adjourn the hearing to allow further evidence to be referred to if
the Disciplinary Committee considers it fair to do so.

Decision
12. The Disciplinary Committee shall decide whether misconduct has taken place, and if so will decide on the appropriate sanction, which may be less than that available under the Club rules.

13. The member shall be notified of the decision in writing within seven days of the hearing and informed of his right of appeal.

14. The complainant shall be notified of the decision but, except in a 1B case, not of the sanction, if any.

15. A record shall be made of the disciplinary decision, but shall not be a document available to the membership in general.

Appeal

16. The member may appeal against the sanction on the grounds

a. that the Club has failed to follow fair process including these procedures, or

b. that the sanction is disproportionate.

There is no appeal against the facts found by the investigation.

17. Written notice of appeal, giving full grounds for the appeal, stating exactly what is being appealed against and the reasons, must be made to the Secretary within 28 days of being notified of the decision. No appeal will be valid or considered after that period has elapsed.

18. An appeal shall be heard by a committee of three persons, not involved and not members of the Disciplinary Committee, drawn from the President and Vice-Presidents. The member and DDC shallbe present. The appeal hearing may uphold the original decision, reverse it, or reduce the penalty but may not increase it.

19. The appeal decision is final and binding on all parties. It shall be communicated within seven days of the hearing to the member and DDC.

20. A record shall be made of the appeal decision, but shall not be a document available to the membership in general.