HAMILTON INLINE HOCKEY CLUB
DISCIPLINARY PROCEDURE AND APPEALS POLICY
Hamilton Inline Hockey Club recognizes Te Tiriti o Waitangi as Aotearoa New Zealand’s founding
document, and is committed to upholding the mana of Te Tiriti o Waitangi and the principles of Partnership, Protection and Participation.
When people breach policies designed to ensure the fair and lawful conduct of the operations of the sport/activity, or to ensure the safety and wellbeing of those involved in the sport/activity, it can become a significant issue.
Hamilton Inline Hockey Club acknowledges it is important for everyone involved to respond quickly, fairly, and thoughtfully to address issues. People are entitled to raise concerns or complaints and to have those addressed promptly and fairly. No one should be punished or victimized for raising a concern or a complaint in good faith. Allegations are not proven unless there has been a fair, even-handed process for finding out the facts of what happened.
This Disciplinary Procedure and Appeals Policy is centered on equity, dignity, respect and maximizing the potential of all people in the sport/activity. The following principles should be kept in mind when applying it:
• Respect for the culture(s) of the people involved, including culturally appropriate processes being enabled to resolve complaints and restore relationships.
• Addressing problems informally and face to face, wherever possible.
• Treating others fairly, equally and in a way that keeps their mana intact.
• Maintaining relationships and keeping each other safe.
The purpose of this Disciplinary Procedure and Appeals Policy is to provide:
• a process to deal with alleged breaches of the Hamilton Inline Hockey Club’s Code of Conduct and alleged breaches of the Club’s policies
• an appeals process against a decision involving:
o suspension
o expulsion
o penalty
o any other significant detriment.
It aims to:
• support low-level resolution in the first instance
• give clear guidance for dealing with alleged breaches and appeals
• ensure the approach taken to dealing with alleged breaches and appeals is fair, including enabling culturally appropriate responses and processes.
This Disciplinary Procedure and Appeals Policy will only apply where:
• there is an alleged breach of the Hamilton
Inline Hockey Club Code of Conduct or Club’s policies
• the alleged breach is by a member of Hamilton Inline Hockey Club itself or its office holders.
In the event of a minor breach of the Code of Conduct, the Club may initially deal with the matter informally. This may involve a discussion between the Club member and a representative of the Club, such as a coach or committee member, to try to resolve the matter without formal action.
Issues that can be raised informally can be dealt with under the Club’s Complaints Policy and Procedure
If an informal discussion is unsuccessful, or if the alleged breach of the Code of Conduct is more serious, the Club will initiate a formal disciplinary procedure.
The Club may be able to resolve a formal complaint or concern about alleged breaches of policies or a Code of Conduct by taking steps such as:
• holding a meeting or hui with the people involved, and their family/wh?nau
• reviewing a process or decision that has not gone well
• requesting an apology is given, where appropriate
• any other action it considers appropriate in the circumstances, in consultation with the person(s) involved.
Sometimes the process may need to be more formal and include looking at documents, data, and interviewing witnesses or holding a hearing before deciding in writing.
Club President to determine process
Where a formal complaint/allegation of a breach is made, and it is unable/inappropriate to be resolved informally, the Club President will work to ensure a culturally appropriate process is followed and be clear on who and how the decision will be made.
Options might include
• an investigation,
• facilitation or mediation,
• or a disciplinary hearing.
This should be discussed with the complainant and person who is alleged to have breached a policy/Code of Conduct.
a) The Club President will confirm they have received the complaint/ allegation within three working days of receiving it.
b) Details of the complaint/alleged breach will be entered into the Complaints Register.
c) When considering the complaint/allegation, the Club President will consider:
i. what the complaint/allegation is about
ii. how serious or urgent the complaint/allegation is
iii. whether there is a set process for the type of complaint/allegation
iv. culturally appropriate processes depending on the parties involved
v. whether the complaint/allegation may indicate a broader problem
vi. what risks the complaint/allegation raises for the Club
vii. what kind of resolution the complainant is seeking
viii. any other relevant information.
d) The Club President will decide whether:
i. there is no clear basis for the complaint/allegation and no action can be taken (and an explanation given to the complainant)
ii. the complaint/allegation can be resolved informally
iii. a formal process is needed.
e) All processes for resolving matters will be run in good faith, culturally appropriate and follow the principles of natural justice. This includes not reaching conclusions before going through a proper process and making sure the person allegedly in breach has access to all relevant information and support.
f) Key elements of a fair process include:
i. The member complained about, or allegedly in breach, should be told details of the allegation(s) as soon as possible.
ii. The member complained about, or allegedly in breach, should be given a reasonable opportunity to respond to the allegation.
iii. The member’s explanations should be fully considered before any conclusions are reached.
iv. The outcome, with a summary of the allegation, the evidence considered, any explanations given and the reasons for the decision should be recorded in writing and given to the people directly involved.
INVESTIGATION
a) The Club President may decide to investigate alleged breaches of the Hamilton Inline
Hockey Club’s Code of Conduct or policies or be guided by the customs and/or tikanga of a culturally appropriate process in undertaking an investigation. For example, it may be determined that an appropriate process involves being hosted in a church, community house or marae in front of a panel representative of that community.
b) External investigations (or prosecutions by the Police) are not a substitute for required internal processes, for example disciplinary processes under this policy or employment processes. The Club President may put an investigation of any alleged breach or enforcement of any sanctions on hold where there is an ongoing investigation by an outside agency.
APPOINTMENT OF INVESTIGATOR
a) If required, the Club President will appoint an appropriately qualified person to undertake a fact-finding investigation. In doing so, the Club President will consider the needs of parties involved for a culturally appropriate investigation process and ensure any appointments are guided by that process.
b) The investigator will consult with all affected parties about any process before commencing.
c) No person who has an actual or potential conflict of interest which may affect their impartiality (or the appearance of impartiality) may undertake the investigation.
INVESTIGATION PROCESS
a) The investigator will meet separately with the parties. These meetings will be held at a time and place and run according to a protocol/agenda that suits everyone, to the extent possible.
b) Members can have a lawyer, advocate, and/or support person(s) (including
family/wh?nau) at any meeting, who can make submissions on that person’s behalf.
c) The investigator can request an interview with any person and request any evidence they think is relevant.
d) If a member or witness declines to participate in the investigation process, the investigator will make a finding of fact based on all the information available to them at the time.
e) Where a party wants to rely on documents, these must be sent to the investigator who will provide them to the other party.
f) All information discussed during the investigation will be confidential unless disclosure is required by law or to protect the safety of any person.
g) The investigator will make a draft finding based on all the information available to them and provide it to both parties for comment. Both parties will be given a reasonable time to provide feedback.
h) The investigator’s final report will take this feedback into account.
General justice and fairness
After receiving the investigator’s report, the Club President will make their decision in the following way:
• Consistent with a fair process.
• Consistent with any contractual or employment rules that apply.
• Based on the evidence presented to the CEO.
• Reflective of the seriousness of the findings.
WRITTEN DECISION
The Club President will provide a written decision to the parties, which sets out the reasons for the decision, as soon as possible.
Decisions final and binding
Subject only to the right of appeal set out in appeals on page 6, all decisions of the Club President will be final and binding on all the parties.
SANCTIONS AVAILABLE
If a member is found to have breached any part of the Hamilton Inline Hockey Club Code of Conduct or policies, the Club President can impose one or more of the following sanctions:
a) Issue a written warning.
b) Direct the member to attend counselling to address their behavior as a condition of their membership.
c) Withdraw any awards, placings or records sanctioned by Hamilton Inline Hockey Club.
d) Suspend the member’s membership rights in Hamilton Inline Hockey Club for a stated period.
e) Suspend the member from participating in any inline hockey related activity which is run by Hamilton Inline Hockey Club.
f) Require an apology, or order reparation or compensation to any member affected by the breach.
g) Recommend the expulsion of the member from Hamilton Inline Hockey Club.
h) Enforce any sanction imposed by the IOC, IPC, IHNZ (Inline Hockey New Zealand) or the Sports Tribunal in addition to any sanction of its own which it thinks appropriate in the circumstances.
i) Any other form of discipline the Club President considers appropriate.
j) Decline to take any further action.
In determining what sanction to impose, the Club President will consider the following factors:
• Nature and seriousness of the breach.
• Whether the person knew or should have known, the behavior was a breach.
• Level of remorse demonstrated, including any apology given.
• The effect of the proposed disciplinary measures on the person, including any personal, professional or financial consequences.
• If there have been relevant prior warnings or disciplinary action.
• Ability to enforce discipline if the person is a parent/guardian, family/wh?nau or a supporter.
• Any mitigating circumstances.
CHILD PROTECTION
Where a decision involves child protection concerns, the safety of the child is the priority and the Club President must consult with [e.g., Child Safeguarding Representative] before making any decision or imposing any sanction.
ENFORCEMENT
Without limiting the remedies available to the Club President and this rule, the Club President may suspend the enforcement of any such sanction on such terms and conditions as they think fit.
COSTS
Each party will be responsible for bearing its own costs in relation to the investigation process.
Where Hamilton Inline Hockey Club is unable to run a proper process (for example, where the Club is involved in the alleged breach), the matter will be dealt with by either:
• the Regional Organisation whose member is allegedly in breach
• where there is no Regional Organisation, the relevant National Organisation.
Where any alleged breach or appeal is to be dealt with by a Regional Organsiation or National Organisation, it will be dealt with using the rules of that Regional Organisation or National Organisation.
Where a Regional Organisation or National Organisation has no rules that deal with disciplinary matters or appeals, it will determine the alleged breach in accordance with this Disciplinary Procedure and Appeals Policy.
APPEALS TO REGIONAL ORGANISATIONS AND NATIONAL ORGANISATIONS
A member may appeal a decision made by Hamilton Inline Hockey Club to a Regional Organization/ National Organization only if the outcome is:
a) suspension
b) expulsion
c) penalty
d) any other significant detriment.
A decision can only be appealed to a Regional Organization/National Organization on the grounds that the suspension, expulsion and/or penalty is incorrect, excessive or clearly unfair.
Written notice of any appeal to a Regional Organization/ National Organization should be provided to the Club President/CEO of that organization within 28 days of the date of the decision being appealed.
The written notice shall:
a) include a copy of the decision being appealed
b) include a summary of the reasons why the member wishes to appeal the decision
c) indicate whether the member wishes to appeal part of the decision (and if so, the grounds for doing so) or have a reinvestigation of the entire matter
d) be sent to the Club President of Hamilton Inline Hockey Club which made the decision being appealed.
