Introduction and scope
We understand that participants in athletics/running are volunteers and they participate because they choose to. However, there are certain standards of behaviour that we expect from everyone. Unfortunately there are occasions when these standards are not reached or adhered to. We detail below the Kent AC grievance procedure, for situations when there is a dispute between members, and the disciplinary procedure, for when there has been an alleged transgression of the club codes or other policies. These procedures are there to ensure that any issues are dealt with fairly, proportionally, impartially, consistently, are evidence based and carried out in a timely manner.
The club’s grievance and disciplinary procedures dovetail into situations that concern welfare or safeguarding. In situations of concern about welfare or safeguarding, when a child or adult is at risk of, or is experiencing harm, or is being abused or neglected the England Athletics’ child and adult safeguarding policies and processes (four separate documents1), take primacy over club procedures. In these situations the club welfare team are the lead officers for the club and will inform England Athletics of allegations.
The club’s grievance and disciplinary procedures are to be used in all other situations
Definitions:
- Grievance: complaint brought by one member, (or parent, volunteer etc as defined by EA), against another
- Discipline: to be used in situations of misconduct, where there has been an alleged transgression of club rule or code of conduct or policy that the committee is made aware of by any means
- A grievance complaint might lead, to a disciplinary process (e.g. the investigation may result in a finding of potential code or policy breach). While the processes aligned to both are similar (allegation >collation of initial evidence > investigation> panel hearing, decision etc.) they are separate.
- Likewise, a safeguarding situation complaint might also lead to a disciplinary process; as above, while the processes of both are similar, they are separate.
Grievance procedure
1. Should you have grievance (e.g a serious disagreement or situation where you believe you have been treated unfairly) that involves another member2 or any third party connected to the club you should take steps to resolve the matter informally by speaking directly with the other member about the matter, if possible. The discussion should be conducted with courtesy and respect and with the aim of reaching resolution.
2. If you do not wish to discuss the matter directly with the other member or do not feel comfortable doing so or step 1 did not result in a resolution to your satisfaction, you can contact the Welfare Officers, (directly or via a committee member) in writing, who, can assist and advise on the matter. To the extent that you can, you should provide as much detail as possible, including but not limited to:
- What has been happening or has happened and when?
- Who are the members involved?
- What contact (if any) have you made with the member?
- Were there any witnesses?
- What evidence do you have?
- What steps (if any) have you taken to resolve the matter on your own?
- What would you like to happen, e.g. ideal resolution?
3. Upon the completion of step 2, the Welfare Officers will, at their discretion, decide if the matter is to be dealt with formally. In the event they determine that it should not, you will be provided with an explanation and reasons for that decision. Otherwise, the Welfare Officer will start to investigate the matter as soon as practicable. If the grievance is against an individual, such individual may be invited to respond to the grievance by the Welfare Officer at the earliest opportunity. In seeking to resolve the grievance, the Welfare Officer may request for more time to investigate, suspend the investigation or defer the decision if more information is required. During this time you should not make public comment about the matter.
The welfare offices will inform the committee that they are investigating a grievance but not disclose the identity of those involved or its nature. They will only advise the committee when the investigation has concluded. The welfare team may seek further guidance in the process from EA or by using the ACAS documents here: https://www.acas.org.uk/grievance-procedure-step-by-step
4. After the investigation is completed, the Welfare Officers shall inform you and all relevant parties on how the matter should be resolved and inform the committee on the matter and findings at the next earliest committee meeting.
If you are not satisfied with the recommendation provided by the Welfare Officer, you may request in writing via the club secretary the Committee to independently review the matter. In the event that the matter involves a person on the Committee, then that individual shall excuse him/herself from the review process.
If the investigation team concludes that there has been a potential breach of club rules then a separate disciplinary process (as below) will be initiated.
Disciplinary Procedure
The purpose of the disciplinary procedure is to ensure consistent and fair treatment of members whose behaviour or conduct may not be in alignment with or be prejudicial to the interests of Kent AC (the “club”).
A club member (as defined section 7.1 footnote (#1)) may be expelled, suspended or become subject to disciplinary action if they:
- § are found to be in serious or persistent breach of any club policy (including, but not limited to club rules, club codes of conduct, club policies and the Welfare and Wellbeing Policy);
- § Conduct themselves in a manner which is of concern to the club or which damages the reputation of the club (also see section criminal offences);
- § are expelled or suspended by any other recognised athletic body or organisation;
In the event of there being reasonable grounds to suspect a disciplinary event may have occurred, for example as a result of a grievance investigation, or a welfare or safeguarding issue, and through a direct written report from a member to the secretary, president or a member of the welfare team, with supporting evidence, the following steps will be followed:
1. The allegation will be passed to the secretary who will raise it, but without naming the parties involved, at the next available committee. A special meeting of a group of president, secretary, a member of the welfare team, and two other committee members will decide if a disciplinary investigation should take place, if so it shall, at its absolute discretion, appoint an individual to investigate the matter (“the Investigator”). The sub-committee will also decide if the member should be suspended and the full committee will be informed of these decisions. England Athletics will also be informed that an investigation is underway and may require that they also deal with it; see also 13, below. The Investigator may or not may not be a member of the club but will be independent and have no conflicting interests in the matter. The investigator will be responsible for carrying out an investigation without unreasonable delay in order to establish the facts of the case.
2. If there is an allegation of criminality the matter will be referred to the police.
3. The member concerned in the disciplinary matter (“the member”) shall be informed of the allegations in writing by the investigator with all the information about the alleged misconduct included within the written correspondence and relevant club policy or code etc. The member should make no public comment about the matter.
4. The member should respond to the allegations within 14 days of receiving written notification, either in writing or if they prefer, by meeting in person with the investigator within the same timeframe.
5. The investigator will consider the remarks and evidence provided by the member and an additional meeting might be necessary to obtain more information. The investigator may also interview any other individuals as they see fit in order to carry out a thorough investigation. This should be concluded within 14 days if possible.
6. If the investigator concludes that the alleged transgression is sufficiently evidenced, the investigator, will appoint, in consultation with the secretary two other club members, who were not part of the decision in stage 1, and who have no direct or indirect interest/involvement in the matter to sit on a disciplinary panel. The panel will meet with the member and put to them the allegations, the evidence and the policy or codes in question. The member is entitled to bring along a companion to the hearing. The member will be given the opportunity to put their case.
7. Should the member fail to engage in the process in steps 3-5 above, the investigator, and if the case progresses to a panel, the panel, will be compelled to make a determination on the facts and circumstances of the case in the absence of any remarks or evidence being put forward by the member.
8. Upon completion of the panel process (step 6 or 7) the investigator will present their findings, to the sub-committee who convened in stage 1. These findings will include a recommendation of the proposed action to take which will include, but is not limited to:
- I. Resolve to note the offence but take no further action;
- II. Warn the member as to his/her future conduct but thereafter no further action;
- III. Suspend or disqualify the member from representing the club in future competitions and events, coaching and or administrative duties for any period of time whether fixed or indefinite;
- IV. Recommend to the appropriate athletics body (as determined by the committee) that the member be disqualified from any involvement in athletics or racing for any period of time;
- V. Such other penalty that may be appropriate, including expulsion from the club.
9. The stage 1 sub-committee shall consider the recommendation made by the investigator and providing a majority agrees, the recommended action shall be applied. The full committee will be informed that the process has been completed and if the sanctions are of II-V above, the full committee will informed of the member’s name and given a summary of the circumstances.
10. The member shall be notified by the investigator in writing of the outcome of the disciplinary panel immediately and of the committee decision on the sanction within 7 days.
11. The member is entitled to appeal the committee’s decision. Appeals must be sent in writing to the club secretary within 7 calendar days of receipt of the correspondence set out in Step 9 above. The grounds for appeal must set out details of why the member believes the decision to be wrong or unjust and shall be addressed to the club president who will be responsible for handling the appeal. Details of the appeal process, which could involve a separate investigation and panel, will be shared with the member at that time.
12. Any complaints of serious misconduct (including, without limitation, theft, doping violations, fraud, physical violence, safeguarding policy breaches, serious breach of applicable health and safety, gambling and/or ticketing regulations or any act or omission of the Member or Officer which in the opinion of England Athletics, acting reasonably, brings or is likely to bring the sport of athletics into disrepute) regarding the behaviour of Members or Officers shall be reported and dealt with by England Athletics in accordance with its Disciplinary Procedures.
13. The secretary, investigator and panel members may seek further guidance from EA or ACAS advice here: https://www.acas.org.uk/disciplinary-procedure-step-by-step (but be mindful it is most relevant to employment situations)
14. Record keeping. Accurate and timely records only available to those involved in the process will be kept during the process and when concluded will be stored in a secure system managed by the welfare team and to the following schedule:
14.1 Grievance.
Recommendation will have been reported to committee, so a permanent record; full documentation for 2 years, then destroyed.
14.2 Disciplinary
Outcome will have been reported to committee, so a permanent record. Full documentation will be kept for 5 years and then a summary will be created and kept permanently.
Criminal Offences
If a member is charged with, or is or has been convicted of, a criminal offence that is not related to the club this is not normally itself reason for disciplinary action. A member of the welfare team, in consultation with England Athletics will consider what (if any) effect the charge or conviction might have on the member’s continued affiliation with the club and will make a recommendation to the committee. However, the criminal convictions listed below are potentially deemed incompatible with membership of the club and may lead to expulsion (or to decline a membership application) in the event they relate to matters or members of the club.
- Physical or sexual assault
- Serious dishonesty, including fraud
- Drug offences, including doping in competition
Footnote #1 : Where members includes coaches, volunteers, parents, committee members
May 2024; approved at committee 13.5.2024.
For review in May 2027