20/11/2009 - John Haigh - Replies to Bert Wilkinson - Draft Code of Practice for Discipline

Dear Bert,

I acknowledge that on occasions committee members do experience verbal abuse from members, but I think you would be the first to agree that we are all not perfect.  People do have a negative side to their nature, but when good management skills are applied in a situation, matters invariably can be resolved.  In every incident there is a cause and effect. My one problem is that usually it is only the effect that is investigated rather than the cause. My concern is this apparent “witch hunt” that has emerged in certain clubs against individuals who apply to join their club.  In my first letter I have identified where it is quite clear that discrimination is against SPANISH LAW and my one concern is that certain club committees are blatantly ignoring this very important piece of legislation.  I suspect they know full well that to use the Spanish legal system takes considerable expense and more importantly TIME.  At our ages that is the one commodity that is precious to all of us and something we do not want to waste using the judicial system.  Three vitally important principles should I believe be applied by anyone in a position of trust and responsibility: HONESTY, FAIRNESS, AND EQUALITY.  Surely, it is not too much of a burden on committee members to apply these principles when reviewing a person’s application to join their club.  Below is a draft Disciplinary Code of Practice which I hope will be discussed and passed at our next AGM. 

Draft Code of Practice for Discipline

This document has been prepared to enable equality, fairness and a consistent approach to incidents that may involve the possible discipline of club members.

Members have the legal right to express opinions about the activities of the Club either verbally, in writing or by other means.  Any points of view must be in a civil and acceptable manner.

With every incident that occurs, there is an element of cause and effect.  Both the cause and effect will be the subject of an investigation before any decision is made concerning the possibility of formal reprimand or further punishment.

Only under the heading of “Grave” situations will suspension from club membership be considered. Written evidence of an incident must be provided before any decision can be taken.  There must be independent witnesses identified in any written complaint.  No verbal complaint will be considered by the Management committee of the club.

Discipline Procedure.

The President and Secretary will have discussions in private with the member who has been criticised and the person(s) making the complaint and their witnesses.  During the meeting, the “problem” should be identified clearly with the person who has been criticised and allow the member to respond.  After all the information has been gathered, the President will report to the Committee if there is a need to introduce a formal discipline.

Formal Discipline Procedure

Oral Warning

Oral warnings are appropriate for minor incidents.  It is important that there is not overuse of the oral warning for the same type of incident and no more than two oral warnings will be given.  A member on all occasions must be given the opportunity to respond to any complaint and meetings should be recorded for future reference.

The oral warning remains in effect for 6 months and then will be removed from the member’s dossier.

Written Warning

These will only be used for incidents that are more serious and will involve issuing the member with a written account of the alleged incident.  The President and Secretary must first meet with the member involved to discuss the incident within a 15 day period.  In the discussion, the member and President must review the incident and exchange ideas and information regarding solutions to the incident.  The member must be informed within 7 days of what improvements they are expected to make and the timescale for making the improvements.  The member will also be informed that they will receive a final written warning if the situation does not improve.

A copy of the letter will be kept in the member’s dossier for a period of 12 months and then will be removed from the records.

Final Written Warning

If improvements have not been made by the member in the timescale agreed from the previous written warning, a final written warning will be issued.  This involves issuing a letter which outlines failure to improve from the previous incident, and will include that the consequences of failure to improve from previous warnings may lead to possible suspension.

A copy of this letter will be kept on the member’s dossier for a period of 12 months and then removed from the records.

Please note that a member has the legal right to appeal to the “appeals committee” against any decisions that they are unhappy with.

Grave Incidents (These to be reviewed)

The incidents detailed below could involve immediate suspension from club membership and if a member is involved in a second incident within a two year period, they may have their membership of the club terminated.

1. Physical assault against another member or opponent on or off the green will not be tolerated.  This offence will apply in any bowls club in Spain.
2. Verbal assault against another member or opponent involving foul or abusive language on or off the green will not be tolerated.  This offence will apply in any bowls club in Spain.
3. Wilful damage or the removal from the club without the consent of the member or Management Committee any club or members property
4. Failure to respond to a written warning concerning expected improvements.

The above mentioned incidents could involve suspension from the club activities and premises for a maximum period of 3 months.  A member must be notified in writing that they have 15 days to lodge and appeal to the AGM.  If the appeal is upheld the member will receive from CLUB FUNDS the appropriate refund of their club membership fees for the period involved in their suspension.

A member involved in a grave situation will have the details recorded on their dossier for a period of two years and then the details will be removed.