Tuff Fitty complaints, disciplinary and appeals policy

We expect all our members to follow the Club’s Code of Conduct. This policy sets out the procedures for:

Making a complaint

A complaint can be made against any member of Tuff Fitty Triathlon Club where the complainant believes the person’s actions amount to misconduct and/or a breach of the Club Code of Conduct.

All members should make every effort to resolve issues themselves without using this procedure where possible. Where it appears to the Committee that reasonable steps have not been taken, the Committee will refer the matter back to the complainant and may support any informal resolution.

If the matter relates to the health and wellbeing of a member, it must be reported to the Club Welfare Team welfare@tufffittytri.club. Complaints regarding vulnerable adults will be notified to the British Triathlon Lead Safeguarding Officer and may be referred to the police or social services.

All other complaints, including breaches of the Club Code of Conduct will be considered by the Committee.

If a member of the Committee has a conflict of interest in respect of the complaint, for example because they are implicated by the complaint, they will take no part in considering the complaint, any disciplinary action or appeal. Exceptionally, if all members of the Committee have a conflict of interest, the role of the Committee will be taken by the Club Captains who will adapt the principles and procedures set out in this policy as appropriate.

If the complaint indicates that a crime may have been committed, the Committee will recommend that the complainant contacts the police. The Committee will also consider whether it should also report the matter to the police.

Complaints should be made in writing to the Club Chair chair@tufffittytri.club or, where the complaint relates to the Club chair to the Vice-Chair vice-chair@tufffittytri.club or another member of the Committee.

The written complaint should include:
1. Details of the Incident
2. The date and time the incident occurred
3. Names of any witnesses or people present at the time of the incident

The Club Secretary will keep a record of all written complaints received by the Committee. The record will include the details of the complaint and its resolution. The Club Secretary will keep a record of any disciplinary action taken.

The Committee will:
1. Treat every complaint as confidential.
2. Not discuss any matters with anyone outside of the Committee, other than to seek advice or because they are a relevant witness.
3. Declare immediately if they have any conflict of interest.
4. Treat each reported incident fairly and equitably.

The Committee will appoint a Committee member to lead a Complaints Panel (the Complaints Panel Lead). The Complaints Panel Lead will then normally seek to appoint two further individuals to the Complaints Panel. These individuals:
1. must have sufficient independence and experience to consider the complaint; and
2. would normally be drawn from the wider club membership (excluding Committee members and the Club Captains).

Where the Complaints Panel Lead does not consider it necessary to appoint two further individuals from the wider club membership to the Complaints Panel, or is unable to do so, the Complaints Panel Lead may request the Committee to approve alternative arrangements. Alternative arrangements may include:
1. only appointing one individual from the wider membership to the Complaints Panel
2. the Complaints Panel lead proceeding as the sole member of the Complaints Panel
3. appointing Committee members or individuals from outside the club to the Complaints Panel

The panel will contact the complainant and the person about whom the complaint has been made to acknowledge receipt of the complaint, to outline the complaints process and to notify all parties of the appointed panel members.

The panel will determine whether it is necessary to hold a meeting or to review the complaint in writing.

The panel will seek statements as it feels appropriate, with the aim of discovering the facts surrounding the complaint. All parties to the complaint will be given equal right to participate.

Once the Complaints Panel has investigated the complaint, they will recommend to the Committee how to proceed, including whether any disciplinary action should be taken, and communicate this to those involved. There will be no right of appeal at this stage. The Complaints Panel may wish to recommend a process to facilitate reconciliation.

If the Committee believes it necessary to do so, either because of a recommendation by the Complaints Panel or otherwise, it will form a Disciplinary Panel normally comprised of three Committee members. The Complaints Panel Lead and any other Committee members appointed to the Complaints Panel may not be members of the Disciplinary Panel.

Where the Committee is unable to form a Disciplinary Panel of three members, it may appoint individuals from the wider club membership and/or from outside the club.

The Disciplinary Panel will provide any member against whom an allegation is the right to respond to that allegation. The Disciplinary Panel may provide this right to respond by:
1. requesting the member to respond in writing
2. requesting a meeting with the member; or
3. both

The Disciplinary Panel will have the power to:
1. Issue a verbal warning as to future conduct.
2. Issue a written warning as to future conduct.
3. Suspend the member, volunteer or official from activities or membership for a period of time.
4. Recommend the expulsion of the member, volunteer or official from activities and membership on a permanent basis.

When deciding on a suitable resolution, and considering disciplinary action, the Disciplinary Panel should refer to the record of complaints held by the Club Secretary and consider if previous sanctions warrant more severe sanction in the matter under consideration.

The Disciplinary Panel will communicate their detailed decision to the Committee and the person about whom the complaint was made immediately following the panel’s agreement of that decision.

If the Disciplinary Panel has recommended the expulsion of a member from activities and membership on a permanent basis, the Committee must consider the recommendation, and decide whether they wish to action it.

Before a decision is made to action a recommendation for permanent expulsion, the complaint must be referred to British Triathlon.

Once any disciplinary decision has been communicated, any person who has been issued a sanction by the Disciplinary Panel will have 14 days to lodge an appeal with the Committee.

Appeals will be handled by a separate Appeals Panel of at least two individuals normally comprised of Committee members who were not appointed to the Complaints Panel or the Disciplinary Panel. If the Committee is unable to form an Appeals Panel of at least two members, it may appoint individuals from the wider club membership and/or from outside the club.

The Appeals Panel will acknowledge receipt of an appeal and inform that party of the appointed appeal panel members.

Where the sanction is upheld no further action will be taken, and the original decision will stand.

Where the sanction is not upheld, the Appeals Panel will have the power to issue a lesser sanction or to withdraw all sanctions.