Disputes Process, Suspension and Expulsion
Adopted by the Out To Swim Committee: 11 November 2019
A. Principles
1. The ASA Judicial Laws define a “complaint” as “a formal expression of dissatisfaction with the actions or behaviour of any person, including an individual or a club, or other body, or organisation or with alleged unfair practice in connection with the sport”.
2. An internal club dispute (“a dispute”) involves an alleged breach of the club’s rules, between two or more of the club’s members (including committee members and coaches). This distinction between a complaint and a dispute is used throughout this document, which is primarily concerned with Out To Swim's agreed process for managing disputes.
3. It is only a dispute that can be dealt with by Out To Swim. The aim of the club is, where possible, to resolve a dispute within the club without the issue becoming a formal complaint. Out To Swim only has the power to legislate for breach of our own rules/constitution. This includes the power to suspend a swimmer from our own club. As a club we do not have the power to handle disputes relating to a member of another club, nor to deal with an offence against ASA Law.
4. It is hoped that in situations where it is thought that the club might be taking the wrong course this be raised at club level for resolution before referring the issue to ASA.
5. There are occasions when a problem arises where immediate action is required, such as a temporary suspension from the club or exclusion of a member from a wider range of club activities. A report will then be made immediately to the Out To Swim committee, who will then follow the proper procedures.
B. Procedure
I - Informal Resolution
6. In the event of a dispute, every effort will be made to resolve the matter by informal discussion (although a member of the relevant discipline committee/another member of the club will normally be asked to be present during any informal meeting).
II - Mediation
7. Should that fail the dispute should be notified to Out To Swim by filling in the on-line form to be found in the Disputes section of the Out To Swim website. This form goes to the Chair of Out to Swim.
8. The Chair of Out To Swim will appoint an independent mediator to assist in achieving a settlement. If the dispute is with the Chair of Out to Swim the Trustees will appoint an independent mediator to assist in achieving a settlement.
III – Formal Process
9. If this fails, or it is clearly necessary to discipline a member, the committee will set up a panel to deal with the matter.
10. Members of the panel will be selected by a member of the Out To Swim committee who is independent of both sides of the dispute.
11. The panel will consist of three independent persons, one to act as Chair. A Secretary may also be needed to provide a record of the hearing. The panel will need to consist of people not involved in the dispute. The panel members should be members of Out to Swim but the committee may ask members of other ASA clubs to sit on the panel to hear the disciplinary matter.
12. The Chair of the panel will notify the parties of the date, time and place of the hearing and the names of the panel members. Both parties will be given copies of all the papers and every effort will be made to hold the hearing within 21 days of the receipt of the dispute. If all parties to the dispute are in agreement, then these timescales may be changed.
13. Both parties are allowed to bring a reasonable number of witnesses.
14. The hearing will be as informal as possible. Points to note:
The person raising the dispute will present evidence first and the accused will have the right of reply.
Both parties to the dispute are able to call witnesses, the member raising the dispute going first and each party should be allowed to question the other party’s witnesses.
Witnesses must wait outside the hearing room until they are called. After questioning they may wait in the hearing room, taking no further part in the proceedings.
The Chair or Secretary of the panel will make notes of the hearing and the panel will make every effort to announce their decision verbally to all the parties without delay, followed by written confirmation to reach all parties within five days.
C. Powers of a Swimming Club
15. The powers of clubs regarding the disciplinary action they can apply will not exceed those in ASA Judicial Laws. These powers can result in full suspension from club activities for whatever period the panel shall decide or in expulsion. The panel if it wishes can impose a lesser penalty such as a written or verbal reprimand.
16. If a problem arises within Out to Swim where immediate action is required, such as a temporary suspension or exclusion from a training session or from wider club activities, Coaches and Officers have the power to invoke a temporary suspension. If this occurs during a training session a report should then be made, immediately, to the Head Coach who will promptly notify the club chair and the club will follow the procedures set out below
D. Expulsion/Suspension Process
17. Expulsion or suspension from Out To Swim is the most significant sanction that can be imposed on a club member (or a group of club members) by the Out To Swim committee.
18. Under the club’s constitution the Trustees have power to expel a member from the club. This power can be delegate to the Committee as provided for in the byelaws.
19. This expulsion/suspension procedure will be invoked whenever the Out To Swim committee considers a situation so grave that it seriously impacts the interests of club members and/or brings Out To Swim into serious disrepute. In some such situations, a club member may be suspended with immediate effect, pending completion of this expulsion/suspension process.
20. A club member subject to this expulsion/suspension process will be entitled to a refund of any club fees paid by them to the club in respect of any period over which the club member is not permitted access to the club by virtue of their expulsion or suspension.
21. The procedure for expulsion or suspension is similar to the final stage of the Disputes process. It is not necessary, however, for a dispute to be raised in order for the Out To Swim committee to invoke the expulsion/suspension procedure.
22. The decision to invoke the expulsion/suspension process will normally be made at an Out To Swim committee meeting (this meeting may take place after an initial suspension where the suspension takes place with immediate effect) and will be taken in conjunction with the Trustees if appropriate.
23. The Out To Swim committee will inform the club member concerned in writing that they are subject to the expulsion/suspension process. This letter will set out the reasons for the expulsion/suspension process being invoked and will form the first piece of evidence to be presented at the disciplinary hearing. Where appropriate, the letter will confirm that the club member remains suspended, pending completion of this expulsion/suspension process.
24. The date of this written notification shall be referred to as the Reference Date.
25. The club will set up a panel to decide upon whether expulsion or suspension is a reasonable course of action and to execute the expulsion or suspension, as appropriate.
26. The panel members selected must be independent and the hearing conducted accordance with paragraphs 9 – 14 hereof.
27. The reasons for invoking the expulsion/suspension process (as set out in the written notification from the Out To Swim committee on the Reference Date) will be presented by a member of the Out To Swim committee who is not on the panel, and the accused will have the right of reply.
28. If this process does lead to expulsion or suspension of a club member, then that club member is entitled to appeal that decision by virtue of a a Complaint to the Judicial Administrator at ASA. Click here to contact them. [link]
E. In Summary
29. When dealing with disputes or considering expulsion or suspension, Out To Swim will ensure that:
all parties will be treated fairly
the person raising the dispute will have the opportunity to present the case
the accused will have the chance to respond
30. If either party to the dispute is dissatisfied with the outcome they are still entitled to appeal by way of Complaint to the Judicial Administrator at ASA. Contact details can be found at http://www.swimming.org/asa
Steps to resolving disputes
1. Disputant involved in an incident which they feel gives them grounds for raising a dispute.
2. Disputant makes attempts to resolve the issue informally. If that fails –
3. Disputant completes the disputes form, shortly after the incident complained of
4. Disputes form goes to Chair of committee who within 7 days appoints a mediator
5. Mediator tries to reach a satisfactory solution within 21 days. If that fails –
6. Committee appoint a panel to hear the dispute within 14 days
7. Panel appoint a chair
8. Panel chair fixes a date for hearing and advises parties of their right to object to panel members, at least 14 days before the date fixed for hearing
9. Parties have the right to object to panel members at least 7 days before the date fixed for the hearing. Committee decide whether objection should be carried.
10. Panel holds hearing
11. Panel reach decision and report to parties and Secretary as soon as practicable, but in any event, within 5 days.