Draft Complaints Procedure - Feedback invited and welcome

[Eoin Ó Ceallacháin]

PLEASE SUBMIT FEEDBACK ON OR BEFORE DECEMBER 31st 2005

Complaints Procedure – Discussion Document

Per recommendation passed by AGM 27^th October 2005

Draft Process

Objective

This process aims to provide an effective complaints procedure to ensure the efficient, transparent and fair processing of complaints made against Officers, Officials, Mentors, Managers, Members (playing or non-playing) and Supporters of the club. Where appropriate and applicable, the Club encourages anyone who might be contemplating raising a complaint through this process to attempt to resolve the issue directly with the subject of the complaint, rather than invoking this procedure.

Scope

This Complaints and Appeals process covers all written complaints made against Members, Mentors and supporters of the Club. It is envisaged that this will cover allegations of Misconduct, Bullying, Intimidation, Inappropriate behaviour and Damage to property that impinge on the operation of the Club. Sources of such complaints might include other Members, Members of the Public, County Board, Executive and other committees and Statutory bodies.

Allegations of abuse are excluded from this process. Any such allegation will be dealt with in accordance with the Guidelines published for this purpose by Cumann Luthchleas Gael.

Complaints

All complaints that are to be covered by this process must be submitted in writing to the Club Secretary – verbal complaints will not be accepted. Complaints should be made as soon as practicable after the incident that gave rise to the complaint.

Conduct Committee

The Executive will, each year establish and maintain a Conduct Committee of four Members who are not members of the Executive and one member of the Executive. These will have a background in the main areas of club activities (adult games, male & female, juvenile games). These members need not necessarily have a current involvement in these areas. Trustees will not be requested to serve on the Conduct Committee. The committee will appoint its own chairman.

If a conflict of interest exists for any member of the committee in dealing with a particular complaint, the Club Chairman in consultation with the Officers will appoint a replacement for that investigation only.

Process

General

Ø       Where the subject of a complaint, or other parties involved in the investigation of a complaint are <18 years old, all correspondence will be directed to the Parents or Guardians. (where joint guardians are involved, both should be contacted and if possible agreement sought to deal with one only)

Ø       While it is not practical to specify timescales for each stage of the process, it is required that all actions are completed as expeditiously as possible. It is expected that apart from exceptional circumstances, the complaint should be disposed of, and any resulting actions decided within three months of initiation.

Ø       The Chairman of the Conduct Committee will maintain written notes of all meetings, interviews etc. that formed part of the investigation. These will be the only records to be held by the committee. The notes made by the Chairman must be agreed and approved by the other members of the committee. At the conclusion of the investigation, these records will be passed to the Club Secretary.

Ø       All Members of the Club are required to co-operate fully with the Conduct Committee in their conduct of an investigation. The report of the Conduct Committee into any complaint may also detail any instances where this might not be forthcoming. The Executive will be free to take any action believed appropriate on foot of such a report without the need to initiate a formal complaint.

Ø       The Club Secretary will retain records of all investigations in a secure storage accessible only to him/herself. Records will be held for three years from the conclusion of the investigation. Records of old investigations will be passed to the incoming Secretary following each AGM.

 

Sequence

1.        When the Club Secretary receives a written complaint, it will be promptly acknowledged in writing. The complainant will be advised of the Club Complaints Procedure (which it is envisaged will be available on the Club Web Page)

2.        The Secretary refers the complaint to the chairman of the Conduct Committee

3.        The Conduct Committee writes to the subject of the complaint with details of the allegations and affords the right of response either verbally, or in writing.

4.        The Conduct Committee carries out its investigation of the allegations and prepares a report and recommendations for the Executive.

5.        The Executive decides on the sanction to apply, if any, and advises the subject of this in writing. This will include the reasons for applying the chosen sanction. The subject is also advised of the appeal procedure as provided for in the Club Constitution i.e. to the Trustees. This applies only to Club Members (not associate members, or non-members)

Note: Sanctions can only extend to: expulsion, suspension, or caution of the subject

Appeal to the Trustees - Recommendations

The Club Constitution does not specify how the Trustees should conduct an appeal. The Executive Committee recommends that the following approach be adopted. However, it is open to the Trustees to decide in each case how they wish to proceed.

·         The subject of any sanction may appeal this to the Trustees.

·         The process does not provide for appeals against other decisions of the Executive Committee taken in accordance with the provisions of the Club Constitution.

·         Appeals must be made in writing to all the Trustees.

·         In dealing with the appeal, the Trustees will operate as a group.

·         The evaluation should seek to establish whether or not the Conduct Committee conducted an appropriate investigation, and the conclusions and sanctions were justified and reasonable in the circumstances.

·         In evaluating an appeal, the Trustees will restrict themselves to a review of the conduct of the investigation by the Conduct Committee and the subsequent decision of the Executive Committee. The conduct of the review is at the discretion of the Trustees. This might include reviewing the investigation notes and interviewing the Chairman of the Conduct Committee. It is envisaged that it will include interviewing the Appellant.

·         The review will not be a re-investigation of the complaint.

·         The Trustees will provide the result in writing to the Appellant and the Executive. The Trustees will have the power to modify the sanction originally applied or return the issue to the Executive Committee with recommendations.

Appeal to the Members

In accordance with the current Club Constitution, it is open to any Member to call for a Special General Meeting: Rule 6(a):

The Secretary shall convene a Special General Meeting of Club members within fourteen days

(i)            if directed to do so by the Executive Committee;

(ii)           if requested to do so in writing by not less than one fourth of Club members entitled to vote. This request must set out the reason for calling the meeting.

[somao...@hsnpf.ie]

Firstly, well done to the Executive on drafting this document. Two
suggestions:
First suggestion: Under Objective the terms "Officers, Officials,

Mentors, Managers, Members (playing or non-playing) and Supporters of

the club" are used. But under scope it is "Members, Mentors and
supporters of the Club". For consistency it should be the same under
both headings. I would suggest the first (longer) list be used in both
paragraphs.
Second suggestion: Replace < with the words "less than". For clarity.

Beir beannacht

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