SOUTHAMPTON NETBALL ASSOCIATION

DISCIPLINARY & GRIEVANCE PROCEDURES

All players have a responsibility to ensure that they conduct themselves in such a manner as not to bring themselves, the sport of netball, their club, or Southampton Netball Association into disrepute.

Club managers, coaches and Club Secretaries, as well as the players themselves, are responsible for monitoring the conduct and behaviour of their Club members and their conduct towards other players, spectators and officials, and, if necessary, to address any areas of concern with their Club member in accordance with their own Club Disciplinary & Grievance Procedures.

However, the nature of some issues of conduct and behaviour may be such that they need to be dealt with in the formal context of the Disciplinary & Grievance Procedures set out by Southampton Netball Committee.

By setting out these Procedures it is the intention of the Southampton Netball Association Committee to ensure that every member is provided with a fair, non-discriminatory and consistent method of dealing with issues of conduct and behaviour.

These Disciplinary & Grievance Procedures apply to all Clubs within the Southampton Netball Association and their members and shall be considered to apply to any member, at any time during the course of their attendance at a venue which is being used by Southampton Netball Association, whether the member be in attendance at such venue in their capacity as player, team official, netball official or spectator.

1. Any Criminal Offences outside the Jurisdiction of the Southampton Netball

Association Committee as set out above.

Members should report any relevant case immediately in writing to the Committee. Formal disciplinary procedures will not be implemented automatically. The Committee's main consideration shall be whether the offence has any implications for the member or impact on other members and whether the offence is one that makes the member unsuitable for membership with Southampton Netball Association.

2. Disciplinary & Grievance Sub Committee

Any member/Team/Club affiliated to Southampton Netball Association or any

persons in whatever capacity with an issue of conduct and behaviour

concerning a member/Team/Club affiliated to Southampton Netball

Association may lodge such a complaint/grievance, in writing, to the Disciplinary

Secretary of the Committee.

Once in receipt of such a complaint and, in accordance with the provision set out in section 4 below, the Disciplinary Secretary will contact all parties concerned and request a written representation of their version of events.

The Disciplinary Secretary will collate all such written representations and present them to a Sub Committee of the Southampton Netball Association, who will convene a Disciplinary Sub Committee which will consist of 3 members, none of whom will have any relationship, which the Committee might deem to constitute a conflict of interest, to the parties or Clubs involved in the proceedings.

This 3 person Sub Committee will convene and take action under the Disciplinary Procedures. Under normal operating circumstances the selection by the Committee of the 3 members will take place within 2 weeks of receipt of a complaint/grievance.

3. Member's Right to have Representation

Southampton Netball Association respects the right of its members to request

and be accompanied by a representative, such as a team mate, friend or

family member of their reasonable choosing.

In the case of a member under the age of 16, the Committee will insist on the

member being accompanied by a parent or legal guardian.

If such a representative is to accompany a member, the member must advise the

Disciplinary Sub Committee of the persons name and status in relation to both

the member and the proceedings.

4. Procedure

The Southampton Netball Association's Disciplinary & Grievance Procedure

follow a clearly defined 7 stage process:

1) Fact Finding Stage
2) Interview(s)
3) Sub Committee adjournment to review the facts and interview(s)
4) Sub Committee decision
5) Advising the member in writing of the Outcome reached
6) Appeal opportunity/process
7) Monitoring of the members future conduct and behaviour

4.1 Fact finding Stage

Where a complaint is brought before the Committee or it is considered that

a possible breach of Southampton Netball Association's required Standards of Conduct and Behaviour may have occurred, an initial Fact Finding investigation will normally be undertaken.

The Committee will appoint a 3 person Disciplinary Sub Committee, as

defined in Section 2 above, to undertake this roll. The section of the

Disciplinary Sub Committee will be based on their status in relation to the

parties bringing the complaint, i.e. that they have no relationship with the

parties that the Committee might deem to be a conflict of interest and that

they have the skills required to undertake the investigation.

The purpose of the Fact Finding stage of the Procedure is to determine

the facts surrounding the alleged misconduct. The Disciplinary Sub

Committee will review the information collated by the Disciplinary

Secretary, and may request additional written statements from all parties

concerned, as well as from any neutral or/& substantiating witnesses.

In cases of alleged Gross Misconduct consideration will be given to

temporarily suspending a member whilst investigations are carried out.

The member and their Club Secretary will be advised of any decision in

writing.

• 4.2 Disciplinary Interview

If the Disciplinary Sub Committee findings at the Fact Finding stage lead

them to decide that action is necessary under the Disciplinary & Grievance

Procedure they will arrange to conduct a disciplinary interview with the

parties involved in the complaint.

The disciplinary interviews follow the same pattern with each party being

called in turn to present their evidence of events to the Disciplinary Sub

Committee. The Sub Committee will then call any neutral &/or

substantiating witnesses before adjourning to consider their findings.

Disciplinary interviews will be arranged at a neutral venue, and the

Disciplinary Sub Committee will endeavour, where possible, to ensure that

the time and place are suitable to all parties concerned, taking into

account such things as personal circumstances, i.e. work and family

commitments.

The Disciplinary Secretary will be responsible for advising the parties and

any witnesses in writing of this, together with their rights under the

Disciplinary Procedure.

Attendance at a Disciplinary Interview is compulsory and refusal to attend

without meeting point 7 below (how to seek a postponement) may result

in the member/Team/Club being suspended until such time as they attend.

This formal notification will normally include advising a member of the

following:

1. That a disciplinary interview has been arranged

• 2. A brief outline of the reasons for the disciplinary interview
• 3. When and where the Disciplinary interview will take place
• 4. The names of the 3 person Disciplinary Sub Committee and who

else has been requested to attend and the capacity in which they

are attending.

• 5. That he/she has the right to be accompanied by a representative of

their reasonable choice

• 6. Of possible outcomes of the Disciplinary interview.
• 7. How to seek a postponement of the hearing if necessary.

Members will be given at least 2 weeks notice of their requirement to

attend a Disciplinary interview.

•4.3 Sub Committee Adjournment to Review of the Facts and Interviews

After the Disciplinary interviews the Disciplinary Sub Committee shall take

time to consider all the facts presented at both the fact-finding stage and

the interviews before reaching a finding.

4.4 Sub Committee Decision

The Disciplinary Sub Committee are selected and fully supported by Southampton Netball Association Committee. They have been given the

authority by Southampton Netball Association to conduct the

Disciplinary Process and impose any of the following, either in isolation or

in tandem, with immediate effect or suspended, as the Disciplinary Sub

Committee deem necessary to the matter before them.

Their decision will also take into account whether the member/Team /Supporter/Club conduct/behaviour is found to constitute misconduct or gross misconduct and whether there are current warnings in existence and the seriousness of the offence being considered.

1. No further action.

• 2. A verbal warning.
• 3. A written warning.
• 4. A final written warning - (note this action can be taken without a

previous verbal or written warning having been issued).

• 5. Suspension of the member/Team/Club from the Southampton Netball Leagues for a defined period.
• 6. Complete ban of member/Team/Club from Southampton Netball Leagues.

In addition the Disciplinary Sub Committee can impose:

A monetary fine on the member/Team/Club.

A deduction of points

4.5 Advising the Member in Writing of the Outcome Reached

The Disciplinary Secretary will normally advise the member and their

Club/Team Secretary of the outcome of the Disciplinary interview within 2

weeks of the date of the last Disciplinary interview.

In all cases, including a verbal warning, the member and their Team/Club

Secretary will receive written confirmation from the Disciplinary Secretary.

The written confirmation will advise the member/Team/Club of the

disciplinary action and the reasons for it. In addition, the member will be

warned that a further breach could result in further disciplinary action.

The written confirmation will also remind the member/Team/Club of their

Right of Appeal.

In the case of a suspension the written confirmation will include the start

and end date of the suspension.

In the case of a complete ban the written confirmation will state the date

on which the ban will take effect.

4.6 Appeals Process

A member/Team/Supporter/Club has a right of appeal against the decision

reached by the Disciplinary Sub Committee if they believe that:

• 1. Not all the facts were available at the time the Disciplinary Sub

Committee reached their decision,

and/or

• 2. The Disciplinary Sub Committee did not apply the Disciplinary

Procedures correctly,

and/or

• 3. The decision reached by the Disciplinary Sub Committee was

unreasonable.

A member/Team/Supporter/Club that wishes to appeal against a

Disciplinary decision must advise the Disciplinary Secretary of the

Southampton Netball Association Committee in writing, together with their

reason(s) for appeal within 7 days of the date they were informed of the

Disciplinary Sub Committee's decision.

This will normally be within 2 weeks from the date of the last Disciplinary

interview.

An appeal will be heard, where possible, within 2 weeks of the Disciplinary

Secretary receiving notification of the appeal by a 3 person Appeals

Committee nominated by Southampton Netball Association.

The Appeals Committee shall consist of 1 person who sat on the original

Disciplinary Sub Committee and 2 members who have had no part in the

original decision reached. Each member of the Appeals Committee must

comply with the requirements as set out in section 2 above.

After the appeal hearing the Appeals Committee will revoke, reduce or

uphold the Disciplinary decision reached by the Disciplinary Sub

Committee.

This decision will be final. The result of the appeal will be confirmed in

writing within 7 days.

In any appeal against a decision made by the Disciplinary Sub Committee,

the decision will not take effect until the appeal has been heard and

determined by the Appeals Committee.

4.7 Monitoring of the Members Future Conduct and Behaviour

After 12 months, or any other such period which the Disciplinary Sub

Committee deems to be reasonable, the warning will normally be

disregarded for disciplinary purposes if sufficient improvement in conduct

has occurred.

The member/Team/Supporter/Club will be advised accordingly in writing.

If a warning is current and sufficient improvement has not occurred, further

disciplinary action will normally be implemented.

EXAMPLES OF MISCONDUCT

The following are examples of issues covered by this Procedure and which may lead to disciplinary action.

Misconduct occurs when conduct does not reach the required standards expected by Southampton Netball Association by its members, in particular when a member/Team/ Supporter/Club:

Brings the game into disrepute

Failure to follow the "accident reporting guidelines" as set out by the Association

Shows unbefitting conduct towards other players

Shows unbefitting conduct towards the umpire

Smokes on court

This list is not exhaustive and other issues may be dealt with under the heading of "misconduct".

EXAMPLES OF GROSS MISCONDUCT

The following are examples of issues covered by this Procedure and which may lead to disciplinary action.

Gross Misconduct occurs when conduct does not reach the required standards expected by Southampton Netball Association by its members, in particular when a member/Team/Supporter/Club:

Brings the game into disrepute

Failure to follow the "accident reporting guidelines" as set out by the Association

Shows unbefitting conduct towards other players

Shows unbefitting conduct towards the umpire

Uses unsuitable language

Acts of discrimination

Violent or threatening conduct

Seriously contravenes the rules of the game
Acts of dishonesty

Shows any use of illegal drugs

Makes any false declarations

This list is not exhaustive and other issues may be dealt with under the heading of "misconduct".

SOUTHAMPTON NETBALL ASSOCIATION

DISCIPLINARY & GRIEVANCE PROCEDURES

All players have a responsibility to ensure that they conduct themselves in such a manner as not to bring themselves, the sport of netball, their club, or Southampton Netball Association into disrepute.

Club managers, coaches and Club Secretaries, as well as the players themselves, are responsible for monitoring the conduct and behaviour of their Club members and their conduct towards other players, spectators and officials, and, if necessary, to address any areas of concern with their Club member in accordance with their own Club Disciplinary & Grievance Procedures.

However, the nature of some issues of conduct and behaviour may be such that they need to be dealt with in the formal context of the Disciplinary & Grievance Procedures set out by Southampton Netball Committee.

By setting out these Procedures it is the intention of the Southampton Netball Association Committee to ensure that every member is provided with a fair, non-discriminatory and consistent method of dealing with issues of conduct and behaviour.

These Disciplinary & Grievance Procedures apply to all Clubs within the Southampton Netball Association and their members and shall be considered to apply to any member, at any time during the course of their attendance at a venue which is being used by Southampton Netball Association, whether the member be in attendance at such venue in their capacity as player, team official, netball official or spectator.

1. Any Criminal Offences outside the Jurisdiction of the Southampton Netball

Association Committee as set out above.

Members should report any relevant case immediately in writing to the Committee. Formal disciplinary procedures will not be implemented automatically. The Committee's main consideration shall be whether the offence has any implications for the member or impact on other members and whether the offence is one that makes the member unsuitable for membership with Southampton Netball Association.

2. Disciplinary & Grievance Sub Committee

Any member/Team/Club affiliated to Southampton Netball Association or any

persons in whatever capacity with an issue of conduct and behaviour

concerning a member/Team/Club affiliated to Southampton Netball

Association may lodge such a complaint/grievance, in writing, to the Disciplinary

Secretary of the Committee.

Once in receipt of such a complaint and, in accordance with the provision set out in section 4 below, the Disciplinary Secretary will contact all parties concerned and request a written representation of their version of events.

The Disciplinary Secretary will collate all such written representations and present them to a Sub Committee of the Southampton Netball Association, who will convene a Disciplinary Sub Committee which will consist of 3 members, none of whom will have any relationship, which the Committee might deem to constitute a conflict of interest, to the parties or Clubs involved in the proceedings.

This 3 person Sub Committee will convene and take action under the Disciplinary Procedures. Under normal operating circumstances the selection by the Committee of the 3 members will take place within 2 weeks of receipt of a complaint/grievance.

3. Member's Right to have Representation

Southampton Netball Association respects the right of its members to request

and be accompanied by a representative, such as a team mate, friend or

family member of their reasonable choosing.

In the case of a member under the age of 16, the Committee will insist on the

member being accompanied by a parent or legal guardian.

If such a representative is to accompany a member, the member must advise the

Disciplinary Sub Committee of the persons name and status in relation to both

the member and the proceedings.

4. Procedure

The Southampton Netball Association's Disciplinary & Grievance Procedure

follow a clearly defined 7 stage process:

1) Fact Finding Stage
2) Interview(s)
3) Sub Committee adjournment to review the facts and interview(s)
4) Sub Committee decision
5) Advising the member in writing of the Outcome reached
6) Appeal opportunity/process
7) Monitoring of the members future conduct and behaviour

4.1 Fact finding Stage

Where a complaint is brought before the Committee or it is considered that

a possible breach of Southampton Netball Association's required Standards of Conduct and Behaviour may have occurred, an initial Fact Finding investigation will normally be undertaken.

The Committee will appoint a 3 person Disciplinary Sub Committee, as

defined in Section 2 above, to undertake this roll. The section of the

Disciplinary Sub Committee will be based on their status in relation to the

parties bringing the complaint, i.e. that they have no relationship with the

parties that the Committee might deem to be a conflict of interest and that

they have the skills required to undertake the investigation.

The purpose of the Fact Finding stage of the Procedure is to determine

the facts surrounding the alleged misconduct. The Disciplinary Sub

Committee will review the information collated by the Disciplinary

Secretary, and may request additional written statements from all parties

concerned, as well as from any neutral or/& substantiating witnesses.

In cases of alleged Gross Misconduct consideration will be given to

temporarily suspending a member whilst investigations are carried out.

The member and their Club Secretary will be advised of any decision in

writing.

• 4.2 Disciplinary Interview

If the Disciplinary Sub Committee findings at the Fact Finding stage lead

them to decide that action is necessary under the Disciplinary & Grievance

Procedure they will arrange to conduct a disciplinary interview with the

parties involved in the complaint.

The disciplinary interviews follow the same pattern with each party being

called in turn to present their evidence of events to the Disciplinary Sub

Committee. The Sub Committee will then call any neutral &/or

substantiating witnesses before adjourning to consider their findings.

Disciplinary interviews will be arranged at a neutral venue, and the

Disciplinary Sub Committee will endeavour, where possible, to ensure that

the time and place are suitable to all parties concerned, taking into

account such things as personal circumstances, i.e. work and family

commitments.

The Disciplinary Secretary will be responsible for advising the parties and

any witnesses in writing of this, together with their rights under the

Disciplinary Procedure.

Attendance at a Disciplinary Interview is compulsory and refusal to attend

without meeting point 7 below (how to seek a postponement) may result

in the member/Team/Club being suspended until such time as they attend.

This formal notification will normally include advising a member of the

following:

1. That a disciplinary interview has been arranged

• 2. A brief outline of the reasons for the disciplinary interview
• 3. When and where the Disciplinary interview will take place
• 4. The names of the 3 person Disciplinary Sub Committee and who

else has been requested to attend and the capacity in which they

are attending.

• 5. That he/she has the right to be accompanied by a representative of

their reasonable choice

• 6. Of possible outcomes of the Disciplinary interview.
• 7. How to seek a postponement of the hearing if necessary.

Members will be given at least 2 weeks notice of their requirement to

attend a Disciplinary interview.

•4.3 Sub Committee Adjournment to Review of the Facts and Interviews

After the Disciplinary interviews the Disciplinary Sub Committee shall take

time to consider all the facts presented at both the fact-finding stage and

the interviews before reaching a finding.

4.4 Sub Committee Decision

The Disciplinary Sub Committee are selected and fully supported by Southampton Netball Association Committee. They have been given the

authority by Southampton Netball Association to conduct the

Disciplinary Process and impose any of the following, either in isolation or

in tandem, with immediate effect or suspended, as the Disciplinary Sub

Committee deem necessary to the matter before them.

Their decision will also take into account whether the member/Team /Supporter/Club conduct/behaviour is found to constitute misconduct or gross misconduct and whether there are current warnings in existence and the seriousness of the offence being considered.

1. No further action.

• 2. A verbal warning.
• 3. A written warning.
• 4. A final written warning - (note this action can be taken without a

previous verbal or written warning having been issued).

• 5. Suspension of the member/Team/Club from the Southampton Netball Leagues for a defined period.
• 6. Complete ban of member/Team/Club from Southampton Netball Leagues.

In addition the Disciplinary Sub Committee can impose:

A monetary fine on the member/Team/Club.

A deduction of points

4.5 Advising the Member in Writing of the Outcome Reached

The Disciplinary Secretary will normally advise the member and their

Club/Team Secretary of the outcome of the Disciplinary interview within 2

weeks of the date of the last Disciplinary interview.

In all cases, including a verbal warning, the member and their Team/Club

Secretary will receive written confirmation from the Disciplinary Secretary.

The written confirmation will advise the member/Team/Club of the

disciplinary action and the reasons for it. In addition, the member will be

warned that a further breach could result in further disciplinary action.

The written confirmation will also remind the member/Team/Club of their

Right of Appeal.

In the case of a suspension the written confirmation will include the start

and end date of the suspension.

In the case of a complete ban the written confirmation will state the date

on which the ban will take effect.

4.6 Appeals Process

A member/Team/Supporter/Club has a right of appeal against the decision

reached by the Disciplinary Sub Committee if they believe that:

• 1. Not all the facts were available at the time the Disciplinary Sub

Committee reached their decision,

and/or

• 2. The Disciplinary Sub Committee did not apply the Disciplinary

Procedures correctly,

and/or

• 3. The decision reached by the Disciplinary Sub Committee was

unreasonable.

A member/Team/Supporter/Club that wishes to appeal against a

Disciplinary decision must advise the Disciplinary Secretary of the

Southampton Netball Association Committee in writing, together with their

reason(s) for appeal within 7 days of the date they were informed of the

Disciplinary Sub Committee's decision.

This will normally be within 2 weeks from the date of the last Disciplinary

interview.

An appeal will be heard, where possible, within 2 weeks of the Disciplinary

Secretary receiving notification of the appeal by a 3 person Appeals

Committee nominated by Southampton Netball Association.

The Appeals Committee shall consist of 1 person who sat on the original

Disciplinary Sub Committee and 2 members who have had no part in the

original decision reached. Each member of the Appeals Committee must

comply with the requirements as set out in section 2 above.

After the appeal hearing the Appeals Committee will revoke, reduce or

uphold the Disciplinary decision reached by the Disciplinary Sub

Committee.

This decision will be final. The result of the appeal will be confirmed in

writing within 7 days.

In any appeal against a decision made by the Disciplinary Sub Committee,

the decision will not take effect until the appeal has been heard and

determined by the Appeals Committee.

4.7 Monitoring of the Members Future Conduct and Behaviour

After 12 months, or any other such period which the Disciplinary Sub

Committee deems to be reasonable, the warning will normally be

disregarded for disciplinary purposes if sufficient improvement in conduct

has occurred.

The member/Team/Supporter/Club will be advised accordingly in writing.

If a warning is current and sufficient improvement has not occurred, further

disciplinary action will normally be implemented.

EXAMPLES OF MISCONDUCT

The following are examples of issues covered by this Procedure and which may lead to disciplinary action.

Misconduct occurs when conduct does not reach the required standards expected by Southampton Netball Association by its members, in particular when a member/Team/ Supporter/Club:

Brings the game into disrepute

Failure to follow the "accident reporting guidelines" as set out by the Association

Shows unbefitting conduct towards other players

Shows unbefitting conduct towards the umpire

Smokes on court

This list is not exhaustive and other issues may be dealt with under the heading of "misconduct".

EXAMPLES OF GROSS MISCONDUCT

The following are examples of issues covered by this Procedure and which may lead to disciplinary action.

Gross Misconduct occurs when conduct does not reach the required standards expected by Southampton Netball Association by its members, in particular when a member/Team/Supporter/Club:

Brings the game into disrepute

Failure to follow the "accident reporting guidelines" as set out by the Association

Shows unbefitting conduct towards other players

Shows unbefitting conduct towards the umpire

Uses unsuitable language

Acts of discrimination

Violent or threatening conduct

Seriously contravenes the rules of the game
Acts of dishonesty

Shows any use of illegal drugs

Makes any false declarations

This list is not exhaustive and other issues may be dealt with under the heading of "misconduct".