Procedure for Complaints Regarding Player Behaviour
Complaints
- Complaints may be verbal or written, but if they are of a serious nature, the complainant may be asked for a signed written complaint.
- Complaints should be based on factual information and include relevant details, such as dates, times, locations and, where applicable, the names of those involved.
- The General Manager (GM), the Management Committee or the Disciplinary Sub-Committee may receive complaints.
Role of the GM
- The GM will investigate all complaints, unless the complaint is about the GM, in which case the President (or delegate) will investigate.
- The GM will investigate complaints in a prompt manner, establish the facts as far as possible and report to the Disciplinary Sub-Committee with a recommendation as to whether further action is required. During this process the GM must ascertain from the complainant the outcome that they are seeking.
- The GM shall have discretionary powers to arbitrate any complaints where the GM believes they can be resolved without taking the formal complaint to the Disciplinary Committee. In this situation all parties must agree that the outcome of the arbitration is satisfactory to all.
- The GM will maintain a Complaints Register where all complaints regarding player behaviour will be registered, regardless of the final outcome of the investigation. The register shall record the following information:
- Date
- Complainant
- Player reported
- Description of Complaint
- Outcome
The GM may consult with any member of the Management Committee or the Disciplinary Sub-Committee before making their recommendation. The GM must advise the subject of a complaint that a complaint has been lodged.
The GM may decide that the complaint should not proceed (for example if, in their opinion, the complaint is frivolous, malicious, or based on a misunderstanding). The GM must nevertheless report the complaint to the Disciplinary Sub-Committee and the Management Committee.
If the GM is of the opinion that the complaint should not proceed, the GM must inform the complainant of this decision. If the complainant disagrees with the GM’s decision, the GM must:
- Investigate the complaint further; or
- Consult with the President, who will discuss the matter with the complainant; or
- Consult with the Convenor of the Disciplinary Sub-Committee, who will discuss the matter with the complainant.
Role of the Disciplinary Sub-Committee
- The Disciplinary Sub-Committee can meet of its own volition.
- The Disciplinary Sub-Committee may or may not require further investigation to take place.
- The Disciplinary Sub-Committee must make a recommendation to the Management Committee on whether to proceed with the complaint. Sub-Committee members who are also members of the Management Committee need not disqualify themselves from the decision-making process of the Management Committee.
Role of the Management Committee
The Management Committee must decide whether to proceed with a charge. If they decide to proceed, they must write to the alleged offender and:
- Set out the particulars of the charge.
- Invite them to attend a hearing.
- Advise them of their rights.
- Cite the section of the Constitution under which action is being taken.
- Outline possible penalties.
- Identify the conduct that forms the basis of the charge.
- Inform the alleged offender that they can attend the hearing in person or make a submission in writing, and that if they fail to do either, the Management Committee will nevertheless make a decision and take action.
Hearings
The hearing will take place before a sub-committee of two to three people chosen by the Management Committee. This sub-committee may include members of the Disciplinary Sub-Committee.
The sub-committee
- Will make a finding of fact on the balance of probabilities; and
- May make a recommendation to the Management Committee as to the penalty.
The Management Committee may accept or modify the decision on any penalty recommended, but is bound by the sub-committee’s finding of fact.
Members of the hearing sub-committee need not disqualify themselves from participating in the decision-making of the Management Committee.
The Management Committee may choose to conduct the hearing itself, without a sub-committee hearing.