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Members Disciplinary Policy

Introduction

Warwickshire County Cricket Club Limited (registered number: IP27221R)  (“WCCC”, “we”, “us” and “our”) is a members organisation, so it’s important that our members have a positive experience and our staff feel valued and supported. But we recognise that things don’t always go to plan and people may have cause for complaint about the conduct of others, whether that be of fellow members or WCCC staff members.

 

Please note that this Policy concerns complaints and allegations of member misconduct only. If you would like to make such a complaint or raise such an allegation, then please contact the Chief Executive. If the complaint or allegation of misconduct is about a WCCC staff member, then we will deal with that complaint or allegation of misconduct internally, using the appropriate club or service partner disciplinary and grievance procedure.

 

There may be instances where member misconduct is not handled in line with this Policy, as follows:

  • where the matter requires the involvement of the Police, the Police may decide to conduct their own investigation;
  • where the matter requires the involvement of Cricket Regulator and/or the England and Wales Cricket Board (the “ECB”), the Cricket Regulator and/or the ECB may decide to conduct their own investigation; or
  • where the matter raises safeguarding concerns, we will handle it in line with WCCC’s Safeguarding Policy and Process WCCC Safeguarding Policy

Member conduct is covered under rule 5 of the WCCC rules and regulations (the “Club Rules”) and requires members to abide by the following rules: 

  • the Spectator Code of Conduct WCCC Spectator Code of Conduct
  • The Terms & Conditions for Domestic Hospitality Terms and Conditions
  • the Ground Regulations Edgbaston Stadium Ground Regulations; and
  • the Ticketing and Membership Terms & Conditions Ticketing & Membership T&C's

(collectively known as “the Rules”). The Rules are available on the Edgbaston website at https://edgbaston.com/club-rules/.

 

This Policy sets out, amongst other things, the process that we will follow when considering whether a member’s conduct falls short of the desired standards, as set out in the Rules. Because complaints alleging member breaches of the Rules can lead to a reprimand, suspension for a maximum of 12 months, expulsion and/or remedial recommendations, it’s important that there is a clear and transparent process in place which ensures that all those concerned receive fair treatment and that complaints made are investigated accordingly.

 

 

Purpose

The purpose of this Policy is to ensure that:

  • there is a consistent, clear, fair and independent approach to dealing with complaints and allegations of misconduct;
  • members feel that that there is a process which allows them to be heard;
  • issues are dealt with expeditiously and informally, where possible;
  • members, volunteers and staff are protected from inappropriate behaviour;
  • good relations are maintained with and between members, volunteers and staff; and
  • disruption to members, volunteers and staff is kept to a minimum.

Principle of fairness

It is the policy of WCCC that any disciplinary matters are dealt with fairly.  We seek to achieve fairness through respect for “natural justice”, which means, in cases where the complaint is about misconduct:

  • the member whose conduct has been brought into question has a right to know what they are accused of and to be heard in their own defence; and
  • the investigation and determination of the matter is free from bias and prejudice.

No disciplinary action will be taken until the matter has been investigated in accordance with this Policy.

 

Process

The Club Rules are the starting point for any instance of member misconduct.

 

We try to deal with minor instances of member misconduct informally (i.e. outside the procedure set out in this Policy) with a view to reaching an agreement on the improvement required and a warning about future conduct being issued. If, however, there is insufficient improvement and/or the minor instance of misconduct reoccurs, then we may decide to take action under the disciplinary procedure set out in this Policy.

 

For more serious instances of member misconduct, we distinguish between:

  • those which requires an immediate response.

If the member misconduct in question requires an immediate response, then that member misconduct will be handled by the relevant Duty Manager, acting for and on behalf of the Chief Executive or Chair, as is applicable. The Duty Manager may ask the member in question to leave WCCC’s premises with immediate effect until WCCC’s board of directors (the “Board”) has taken a decision in accordance with the process set out in this Policy.

  • those which don’t require an immediate response.

If the member misconduct in question doesn’t require an immediate response, i.e. relates to historic conduct or activity, then that member misconduct should be raised with the Chief Executive or Chair. The Chief Executive or Chair, as is applicable, will decide on appropriate next steps, which may consist of asking the member in question to not attend WCCC’s premises until the Board has taken a decision in accordance with the process set out in this Policy.

 

Under rule 5.5.1 of the Club Rules, the Board’s decision may be to reprimand, expel or suspend for a maximum period of 12 months any member found to be in breach of any of the Rules.

 

Serious instances of misconduct include, but are not limited to:

  • theft, fraud, or other behaviour that may result in material loss to the WCCC, a member of staff, a fellow member, a member of the public (including a spectator);
  • violent, dangerous or threatening behaviour, in a particular any which cause injury to persons or damage to property;
  • sexual misconduct or bullying;
  • any form of racist or discriminatory behaviour, including inappropriate use of language, towards a member of staff, a fellow member, a member of the public (including a spectator);
  • disclosure of confidential information acquired while acting on behalf of WCCC or an affiliated body;
  • serious breaches of WCCC’s wider rules and policies including the Spectator Code of Conduct, the Ground Regulations, the Club Rules and the Ticketing and Membership Terms & Conditions.

 

Before the Board can take one of the decisions set out above, the following process must be followed:

  • Once the Chief Executive and/or Chair, is satisfied that there is an alleged issue that warrants investigation, WCCC’s Safeguarding & Compliance Manager, acting under the instruction of the Chief Executive and/or Chair will write to the member in question to provide them with:
  • a statement setting out the nature and circumstances of the allegation, based on the information available at the time;
  • a description of the various stages which the investigation will follow, which stages are set out in clauses 4.6(b) to 4.6(j) of this Policy; and
  • a reference to the possibility of a reprimand, suspension for a maximum of 12 months, expulsions and/or remedial recommendations if the allegation is found to be true.

  • Where deemed appropriate, depending on the circumstances of the allegation, inform the member of any interim suspension that now applies during the investigation

    The member in question will be asked to respond to the allegation by either:

     

  • attending a meeting with WCCC’s Safeguarding & Compliance Manager where the details of the alleged incident will be clarified and the member invited to provide any mitigating information or counter-response.  This will then be written up in to a report shared with the member for accuracy.
  • submitting a written statement for consideration by the Club when considering how best to address the allegation. The written statement should be sent to the Safeguarding & Compliance Manager at safeguarding@edgbaston.com

  • If the member in question fails to respond to the allegation within a reasonable time period set out within the Club’s correspondence then a determination may be made “on the papers”, i.e. on the information available to it at the time; or

     

  • The Board, in accordance with rule 5.5.2 of the Club Rules, will then  form a disciplinary complaints committee (“DCC”), whereby the Chief Executive and/or relevant Club Officials will present the results of the investigation to the DCC at a DCC meeting.

 

Role of the DCC

The DCC will be asked to determine, with the help of external specialists, where appropriate, whether, to the best of their ability, they feel that the actions of the member in question are prejudicial to, or inconsistent with, the interests of WCCC or the game of cricket or may bring the game of cricket or any cricketer or group of cricketers into disrepute or is otherwise such as to render them unfit to be a member.

 

Appointment of the DCC

The DCC will consist of three members of the Members Committee, appointed by the Chair of the Members Committee. The appointed members will have no link to the incident or relationship with the member in question that may prejudice the outcome and, where possible, one appointed member should have experience of similar situations, e.g. tribunals, personnel disciplinary proceedings.

 

Should a member of the Club Board and/or Members Committee be the subject of the allegation, they have signed up to a Code of Conduct which states that any allegations of wrong-doing will be addressed in accordance with the Club’s Employee Grievance and Disciplinary Policies.

 

  • The member in question will be given a minimum of 7 days’ notice of the DCC meeting, including date, time and location (“DCC Notice”). 

     

  • Where the Chief Executive, and/or Chair, deem it necessary, the member may attend the DCC meeting to present their case and answer the DCC’s questions. This is for the purpose of establishing and/or clarifying the facts of the matter and should not be conducted in the manner of a courtroom cross examination. The member in question cannot be represented by any form of representative unless there is a recognised impairment making such representation necessary. If you do have such an impairment, then please notify us as soon as possible, and in any event within 72 hours of receipt of the DCC Notice.

 

  • The DCC will then make a determination on the allegation and prepare a paper for consideration by the WCCC Board, which will be received by the Board within 72 hours of the DCC meeting being adjourned.

 

  • Once received, the WCCC Board has 14 days from the DCC Recommendation Date to decide whether to support or reject the recommendations of the DCC (the “Board Decision Date”). If the Board, acting reasonably, determines that it requires more information to make a decision, then the Board may extend the period during which it can make a decision by 14 days (the “Extended Board Decision Date”).

 

  • If appropriate, the DCC may present (virtually or physically) their findings and determination to the Board (including as to any recommended reprimand, suspension, expulsion and/or remedial recommendations) (the “DCC Recommendation Date”). Otherwise, the Board’s decision will be made based on the DCC written report.  The guidelines which the DCC will follow when making their decision are set out in Appendix 1.

 

  • The Chief Executive will inform the member in question in writing of the Board’s decision within 48 hours of the Board Decision Date or the Extended Board Decision Date, as is applicable. Whilst the Club Rules state that the Board only has the right to recommend exclusion or suspension for a maximum period of 12 months, the DCC may recommend remedial action (e.g. personal training) that mitigates the potential outcome if accepted by the member.

 

In accordance with the Club Rules, the decision of the Board is final. There is no right of appeal.

 

Consequences

  • If a member is expelled, then, in accordance with rule 5.5.3 and 5.6.3 of the Club Rules, that member will cease to be a member and no refund shall be made of any part of the annual subscription fee paid by that member.
  • If a member is suspended, then, in accordance with rule 5.5.4 of the Club Rules, that member will no longer be entitled to use or be on WCCC’s premises, to attend any general meeting, to vote on any resolution or upon any election or to hold any office but shall remain liable to pay their subscription.
  • If a member is reprimanded, then, in accordance with rule 5.5.5 of the Club Rules, the Board shall be entitled to make public that fact and the reason(s) for such reprimand.

If a staff member raises an allegation about the conduct of a member, this will be managed through WCCC’s internal line management and bought to the attention of the Chief Executive and/or the Chair for review and may lead to suspension, subject to a formal investigation in line with this Policy.

 

Disclosure

We may also disclose the outcome of any investigation  to other members and the media if deemed appropriate, but having regard to the potential impact on the member(s) and those making the initial allegation.

 

Records

Full records of any complaint or allegation of member misconduct will be kept of all matters in accordance with our data retention policy and our privacy policy WCCC Privacy Policy

 

Who to contact in case of any questions

Should you have any questions about this Policy, please let us know by sending an email to the WCCC Safeguarding & Compliance Manager at safeguarding@edgbaston.com.

 


 

 

Appendix 1:

Guidelines to support the Disciplinary Complaints Committee (the “Guidelines”)

 

Introduction

This document gives practical expression to the principles set out in the Policy and must be read in conjunction with that Policy.

 

These Guidelines are addressed to any person who may be involved in the handling of a complaint or allegation of member misconduct. 

 

Any investigation by the Chief Executive in line with clause 4.6(b)  of the Policy must be based on the following principles:

 

  • Fairness. As explained in the Policy, the guiding principle in all cases is that the process, the procedure and the outcome are fair, and demonstrably fair - particularly to the member against whom an allegation of misconduct is made, but also to the person who has made that allegation and/or was affected by the alleged misconduct. Everything else flows from this.

 

  • Judgment. When dealing with complaints and allegations of member misconduct, there are judgments, sometimes difficult judgments, to be made. For example (and we consider these in more detail below), is the matter serious enough to warrant a formal investigation or is it perhaps the result of a misunderstanding or difference of opinion, which might best be resolved by bringing the parties together? So this guidance is just that: guidance. We do not offer a prescriptive set of hard-and-fast rules, as circumstances vary greatly, and what is right in one case may be wrong in another. Rather, we set out some guiding principles.

 

  • Seeking advice. Instances of misconduct are fortunately rare, but that means that any one body will be unlikely to have much experience of investigating one. Such investigations can be difficult and delicate and throw up all manner of problems. Therefore, the Chief Executive, Chair of the Members Committee or appointed members of the DCC may look to external specialists for advice before deciding on whether to launch an investigation or to assist in the decision making process.

 

  • Confidentiality. Written correspondence, particularly any addressed to an office or place of business where it might be opened by someone other than the addressee, should be clearly marked “In Confidence – to be opened only by addressee”. Such precautions may not be necessary where e.g. emails, such as may be written to or by witnesses, go to or from private and personal addresses. Matters should not be discussed with anyone who does not have a direct interest in them.

 

When conducting your investigation, please remember:

  • The interview of the member in question in line with clause 4.6(e) of the Policy is for the purpose of establishing or clarifying the facts of the case. It is a fact-finding interview; it is not, and should not be conducted in the manner of, a courtroom cross examination and the member in question should be given every opportunity to put their side of the story across. We recommend very strongly that at least two members of the DCC investigating the matter conduct the interview, along with someone to take a record.  Further enquiries, written or oral, of the complainant and/or any “witnesses” may need to be made.

 

  • The decision that you make in line with clause 4.6(g) of the Policy must be based on an objective appraisal of the facts.

 

A conclusion can be reached on the “balance of probabilities”. Nonetheless, the findings and the reasons for the conclusion you have reached must be clearly set out; in particular, where there is disagreement or dispute as to the facts, it should be made clear which you have preferred and why.

 

Any sanction that you recommend to the Board should be proportionate to the offence, and comparable with those applied in any similar cases.  You can take into account the member in question’s previous disciplinary record; though this should be limited to incidents related to the member in question’s WCCC membership, and to established or admitted offences. 

 

Possible sanctions are:

 

  • a reprimand:  a written or verbal warning in relation to the member’s conduct and potential of future expulsion depending on behaviour.

 

  • a suspension:  the member may be excluded from WCCC for a maximum period of 12 months.

 

  • an expulsion:  the member may be expelled from WCCC with no option to apply for re-instatement.

 

Whilst not a specific Club Rule, you may recommend remedial action to mitigate the potential outcome.  For example, a member may be asked to attend online training in order to receive a defined exclusion rather than permanent expulsion.  If this is the case, it has to be agreed in writing by the member in question as a condition of their sanction.

 

  • keep full and complete records of the DCC meeting and any other communications and/or correspondence that you have in relation to the allegation of misconduct in question.