Complaints and Disciplinary Process

Highgate Cricket and Lawn Tennis Club Complaints and Disciplinary Process 

 

This process applies to complaints made between the members of the Tennis or Cricket Sections of the club and should be read in conjunction with the Club’s Code of Conduct and rules and policies of the Club.

Where minor disagreements or disputes occur, the members will attempt to resolve these between themselves informally, with mutual respect and the application of common sense. This process should only be used where that attempt has not resolved the disagreement or dispute.

The guiding principles are that the process should be proportionate, fair, confidential and completed within an appropriate time-frame.

The complainant should send the complaint in writing with sufficient details to the Chair of the relevant Section Committee of the club within 5 days of the failure to resolve the disagreement or dispute.  The Chair shall appoint an Investigator for that complaint.  The Investigator shall usually be a member of the relevant Section Committee of the Club, and may also be the Chair, but not if the complaint is being made by, or against, any member of that Committee.

The Investigator shall acknowledge the complaint within 5 days and explain in brief terms the procedure (as to which see below) and the likely timescales.

If the complaint relates to a safeguarding issue, the Investigator shall put the investigation disciplinary procedure on hold until the conclusion of the Club’s safeguarding procedures.

The Investigator may request further information and once satisfied that the full extent of the complaint is clear shall determine whether it is a Minor Complaint or a Serious Complaint, see below (the procedure and sanctions available for each are different).

A Minor Complaint is where the alleged breach of the Code of Conduct or other rules and policies of the Club complained about is sufficiently minor such that, if it was established, the Investigator considers that the only reasonable sanction would be a direction for an apology to be made or a direction to make good any loss or damage to physical property up to the value of £50.

A Serious Complaint is where the alleged breach of the Code of Conduct or other rules and policies of the Club complained about is sufficiently serious such that, if it was established, the Investigator considers more severe sanctions could be considered such as suspension from all or certain Club activities or any Club positions or offices or expulsion from the Club.

Procedure for Minor Complaints 

 Once the Investigator considers the matter to be a Minor Complaint they shall seek information from the complainant and the member complained against (the “complaint parties”) and any witnesses to the alleged conduct.

Once the Investigator is satisfied that a reasonable and proportionate evidence gathering exercise is complete, the Investigator shall discuss with the complaint parties whether they wish to attempt to resolve the complaint by an informal mediation.  (The expectation is the parties will agree to this and that the Investigator shall be the mediator).

If the complaint parties agree to a mediation, then the Investigator will convene a mediation either in person or on a virtual platform (such as Zoom).

If the mediation results in an agreed outcome then the Investigator shall communicate that outcome to the relevant Section Committee.

If either there is no mediation or the mediation does not result in an agreed outcome then the Investigator shall make a short written determination of the complaint, in the format outlined below (“the Determination”).  In doing so, the Investigator may refer to matters raised, conceded or discussed at the mediation.

The Investigator shall communicate that Determination to the relevant Section Committee, for their record and the complaint parties.   The Investigator shall confirm to the complaint parties that there is no right to appeal the Determination (see below).

All parties shall treat (i) all discussions and the outcome of the mediation or (ii) the Determination and (iii) all matters within this process, as being private and confidential.

From the list of available sanctions (see below) the ones applicable to Minor Complaints are: (i) no sanction, (ii) an apology and/ or a direction to make good any loss or physical damage to property up to the value of £50.

Procedure for Serious Complaints 

 Once the Investigator considers the matter to be a Serious Complaint they shall appoint two other members to create the Investigating Team.  These persons may also be members of the relevant Section Committee of the Club, but not if the complaint is being made by or against any member of that Committee.

The Investigator shall seek such information as they consider appropriate from the complainant and the member complained against (the “complaint parties”) and any witnesses to the alleged conduct and this might include having meetings with them personally or on a virtual platform (such as zoom).

The Investigator shall prepare a written note (“the note”) setting out the complaint and the investigation undertaken to include those material facts and matters which are agreed and those disputed, noting the evidence that is in dispute.  The Investigator shall provide this note to the Investigating Team who shall consider whether further investigations should be undertaken.

Once the Investigating Team is satisfied that a reasonable and proportionate evidence gathering exercise is complete, they shall consider between themselves whether an informal mediation would be appropriate and if yes, then the Investigator shall discuss with the complaint parties whether they wish to attempt to resolve the complaint by an informal mediation.  If so, the Investigating Team shall appoint one of themselves as mediator (“the mediator”).

If the complaint parties agree to a mediation, then the mediator will convene a mediation either in person or on a virtual platform (such as Zoom).

If the mediation results in an agreed outcome then the Investigator shall communicate that outcome to the relevant Section Committee.

If either there is no mediation or the mediation does not result in an agreed outcome then the Investigation Team shall make a draft written determination of the complaint, in the format outlined below.  In doing so, the Investigation Team may refer to matters raised, conceded or discussed at the mediation.  The Investigation Team shall then send the draft written determination to the complaint parties.

The complaint parties will have two weeks to provide their written comments to the Investigation Team on their draft written determination.

After that two week period, or sooner if comments have been received, the Investigation Team shall take such steps as they deem to be necessary and then make their final written determination, in the format outlined below (“the Determination”).

All of the available sanctions (see list below) are applicable to Serious Complaints.

The Investigating Team shall communicate that Determination to the relevant Section Committee, for their record, and to the complaint parties.  The Investigator shall notify the complaint parties whether the sanctioned member has a right to appeal the Determination (see below).

Where the sanction is either a recommendation for suspension (full or partial) or expulsion, then that has to be ratified by the General Committee before it becomes operative.

All parties shall treat (i) all discussions and the outcome of the mediation or (ii) the Determination and (iii) all matters within this process as being private and confidential.

Whilst the Investigating Team shall act promptly, by their nature Serious Complaints are complex and may take time to investigate and determine.  In rare cases it may be appropriate for the Investigation Team to recommend to the General Committee that it temporarily suspends the member pending the conclusion of the procedure.  The General Committee’s decision on this issue shall be at its absolute discretion having regards to the best interests of the Club as a whole and there is no recourse from that decision.

Neither party nor a witness may be accompanied to any meeting except where that is considered appropriate by the investigator or team, taking into account any club safeguarding or anti-discriminatory policies

Available Sanctions  

The sanctions that may be imposed include:

• No sanction;
• A direction for an apology to be made
• A direction to make good any loss or damage to physical property
• A recommendation to the General Committee that the member be suspended from all or certain Club activities or any Club positions/ offices for a specified period, not exceeding 12 months;
• A recommendation to the General Committee that the member be expelled from the Club; and/ or
• A recommendation to the General Committee that the member be prohibited from reapplying to be a member of the Club indefinitely or for a specified period.

Where a direction for an apology is made, this may also be requested to be made to people other than the complainant (for example to others who witnessed the conduct).

Where an apology or direction to make good damage to physical property is made but the complainant disputes the adequacy of compliance, the Investigator shall decide at their discretion whether it is adequate.  If deemed adequate, then the complainant has no further recourse.  If deemed inadequate (or is not completed within seven days), the Investigator can determine that the matter shall be treated as a Serious Complaint within seven days thereafter.

Where any sanction is imposed, it carries with it an implied warning that the sanctioned member must not repeat similar conduct in the future. Any earlier sanction on record and conduct leading to it may be taken into account in considering the appropriate sanction.  This also means that conduct that would otherwise be dealt with as a Minor Complaint may be dealt with as a Serious Complaint.

The Investigator or the Investigating Team has the Club’s authority to make directions for an apology to be made or for loss or damage to physical property to be made good.

Appeal 

 The complainant has no right to appeal any Determination.

The member subject to a sanction has the right to appeal a Determination but not if it is one where the only sanctions imposed are directions (i) for an apology to be made; and/ or (ii) to make good the loss or physical damage to property valued at less than £50.

The deadline for making an appeal is no later than two weeks after receipt of the Determination by the member sanctioned.  No appeals will be considered if made outside of that deadline.  The member makes an appeal by sending a written note to the Chair of the General Committee requesting the Determination be varied and providing reasons for that request.

Where the sanction that is appealed is the suspension from all or certain Club activities or any Club positions/ offices for a specified period, not exceeding 12 months, then that sanction is operative pending the outcome of the Appeal.

Where the sanction that is appealed is the expulsion from the Club and/ or a prohibition from reapplying to be a member of the Club indefinitely or for a specified period, then that member shall be suspended from all activities at the Club pending the outcome of the Appeal.

The Chair of the General Committee shall appoint three members to form the Appeal Team.  The Appeal Team can be selected from any part of the Club, but this shall not include any member of the General Committee, the Cricket Committee or the Tennis Committee or any member who was part of the Investigation Team in the Determination being appealed.

The Appeal Team shall have access to all of the evidence and the Determination in the original process but the appeal shall be considered afresh.

The Appeal Team shall decide between themselves whether further investigations are in their opinion necessary and, if so, how they should be carried out.  The presumption is that there will be in person meetings to gather evidence, but it may not be necessary for every member of the Appeal Team to attend a meeting in any form.

Once the Appeal Team is satisfied that a reasonable and proportionate evidence gathering exercise is complete, they shall make a draft written determination of the appeal in the format outlined below and send it to the appellant and to the originating complainant (“the appeal parties”).

The appeal parties have two weeks to provide their written comments to the Appeal Team on their draft determination. After that two week period or earlier following receipt of the comments, the Appeal Team will make any further investigation or have further meetings that they deem to be necessary.

Once satisfied that the evidence gathering exercise is complete, the Appeal Team shall make their final written determination of the appeal (“the Appeal Determination”), in the format set out below.

The Appeal Team shall communicate the Appeal Determination to the General Committee and to the appeal parties.  The General Committee shall give effect to the Appeal Determination.  There is no further appeal process from the Appeal Determination.

Where the Appeal Team recommends a variation of the original sanction, then the appellant may request that a note be circulated to the Club or Section of the Club of which the sanctioned member is a member explaining what sanctions were upheld and any that were not upheld and noting any alternative sanction made.  The Appeal Team shall be solely responsible for drafting that note – it shall contain a summary of the facts (as agreed or determined) and shall be factual, neutral and courteous.

In all other respects, the Appeal Determination and all matters within the appeal and process generally shall be private and confidential.

Appointment of the Investigating Officer / Investigating Team  

 Neither the Investigating Officer nor the members of the Investigating Team may have such a connection with the complainant or those members being complained against that, viewed objectively, gives rise to a legitimate concern of pre-judgment, partiality or preferential treatment.  Any such person, where appointed, should recuse themselves from the position.

Appointment of the Appeal Team 

None of the Appeal Team shall be a member of the Cricket Committee, the Tennis Committee or the General Committee. None of the Appeal Team may have such a connection with the complainant or those members being complained against that, viewed objectively, gives rise to a

legitimate concern of pre-judgment, partiality or preferential treatment.  Any such person, where appointed, should recuse themselves from the position.

Determinations 

The Determinations made by the Investigating Officer or Investigating Team shall set out (a summary of)

• the complaint;
• the relevant Code of Conduct and or other relevant rules and policies;
• any material agreed facts and matters;
• any findings, on the balance of probabilities, of facts and matters that are in dispute;
• whether there has been a breach of the Club’s Code of Conduct or other rules and policies;
• the gravity of any such breach (ranging from minor to egregious);
• any contrition shown by the offending member or other mitigating circumstances;
• whether the responses to the investigation and/ or conduct at any informal mediation are noteworthy;
• the disciplinary record of the offending member;
• the proposed sanction taking everything in the round; and
• whether the sanctioned member has a right to appeal the Determination and if so the deadline for doing so.

The Appeal Determination shall set out the matters above and but also a commentary on whether and how the evidence gathered in the appeal process resulted in different findings of fact or whether and for what reasons the submissions made resulted in a different proposed sanction, compared to the original Determination.

Records 

Records of disciplinary processes and sanctions will be retained by the club for 6 years.

Approved by GC   24^th February 2025