Management & Section Guidelines

Disciplinary Meetings

Management & Section Guidelines.

All Section Committee members should be encouraged to read and become familiar with the guidelines.

All members should be allowed to peruse these guidelines, but not allowed to remove them or retain them for any period.

It is a fundamental principal of all disciplinary action – and the test of fairness that Management and Section Committees must act in a way which an objective observer would consider reasonable – for example in relation to;
- The grounds for believing that misconduct took place;
- The sufficiency of the investigation of the facts;
- The disciplinary procedure;
- The form of any penalty imposed, taking into account all the circumstances;

In the interest of both justice and fairness, all matters relating to disciplinary action must be handled as speedily as possible.

The disciplinary rules and procedures aim to be non-discriminatory and are to be applied irrespective of sex, marital status, racial group, sexual orientation, religion or any other irrelevant factor.

All disciplinary matters must be handled with discretion and in confidence.

Misconduct may give rise to criminal prosecution as well as disciplinary proceedings. If evidence of a possible criminal offence becomes known, or if an allegation of a criminal offence is made against a member, it may be necessary to inform the police. However, disciplinary action should generally be pursued even when criminal proceedings are possible or pending.

In cases where the police are investigating alleged or suspected misconduct of a potentially criminal nature, care must always be taken to ensure that disciplinary proceedings do not prejudice the criminal proceedings.

A committee member, who makes allegations of a suspected incident of misconduct, will not sit on the Section Disciplinary Committee.

A member of management, who makes allegations of a suspected incident of misconduct, will not sit on a Formal Disciplinary Committee

The regional officer to be informed and invited to attend all Section disciplinary hearing.

A member of the Touring Caravan Club who is the subject of a Section disciplinary proceeding must

Be told before being questioned that the interview is part of such an investigation and the reasons for it, and
Informed that any information, which emerges from the investigation, may be used in Section disciplinary, and if required, A Formal Disciplinary hearing.
Be told of the complaint against them in advance of any disciplinary hearing;
Be given the opportunity to state their case and challenge any evidence before any decision is made;
Informed of their right to be accompanied by a fellow member when being interviewed, if they so wish;
A Section can only hold a disciplinary hearing against its own Section Members. If a visiting member causes the need for a disciplinary hearing, the Regional Officer must be informed so the infringing members Section are informed, and they will hold the disciplinary meeting.

Only the National Secretary has the authority to suspend a member prior to a disciplinary hearing and then only for “gross misdemeanour” or “physical violence” which should be dealt with formally by Management and not at Section Level.

The Section has the power to suspend a member from their Section only, for either three (3) months or up to a maximum (4) of their Section Rallies, which ever terminates the soonest.

A copy of the minutes of all Section Disciplinary meeting must be forwarded to the National Secretary immediately, (Within seven (7) days of the disciplinary meeting), irrespective of any award given by the Section, including the verdict (No case to answer).

Once a Section, either after dealing with the matter first or not, passes the control of a disciplinary hearing on to the Regional Officer or the Management Committee of the Touring Caravan Club, they will have no more to do with any further hearing, apart from providing evidence, and will abide by the decision made by the Regional Officer or Management Committee. A Section Committee can take no further retribution against that member.

A member of the Touring Caravan Club who is the subject of a Formal Disciplinary proceeding must:

Be told in writing of the complaint against them in advance of any disciplinary hearing;
Before or during the hearing the member should be given copies of any piece of evidence adduced, and the person chairing the hearing will need to be able to provide justification for withholding any piece of evidence. The general presumption must be that everything is disclosed;
Be given the opportunity to state their case and challenge any evidence before any decision is made;
If the member of the Touring Caravan Club who is the subject of Formal Disciplinary Proceedings is a member of the Management Team the Disciplinary Hearing must be conducted by members of the Management Team.

Any member of the Touring Caravan Club under investigation for alleged misconduct or facing Formal Disciplinary proceedings has the right to be assisted by a fellow member, at all stages of the process.

Members who are unwilling, without good and sufficient reason, to respond to a statement of alleged misconduct and/or to attend a disciplinary hearing, may have their case decided in their absence.

The fact that a member states he/she is sick when facing a disciplinary hearing, or when called as a witness, should not automatically cause delay in dealing with the matter. Management must consider the nature of the illness or injury and decide whether it is reasonable to continue with the disciplinary hearing in the circumstances.

In general, however when a member has a sick certificate, which indicates they are unlikely to be able to attend a disciplinary hearing, the hearing must be postponed. However, if after forty-two (42) days they are still unable to attend a hearing the following options must be offered to the member.

To attend an interview in person even if unfit to rally;
To submit a detailed written reply to the allegation or, if called as a witness, a written account of the relevant evidence; and/or
To brief a fellow member to attend the hearing as their representative and on their behalf.

The member must reply within one (1) week. If the individual accepted none of the above, disciplinary proceedings would take place if it seemed fair and reasonable that they should.

Member under investigation

The member, who through illness or injury is unable to attend a disciplinary hearing, will be suspended from all activities of the Touring Caravan Club, until the conclusion of the disciplinary hearing.

APPEALS

There is a right of appeal against all formal disciplinary decisions. However, when an appeal is made, one or more of the following grounds must be specified, in writing to the National Secretary within fourteen (14) days, of any disciplinary award:

Unduly severe penalty;
Evidence not previously taken into account which could affect the original decision;
That the disciplinary proceedings were unfair and breached the rules of natural justice;
That the original finding was perverse

A quorum of National Officers and Regional Officers will decide if to allow an appeal. Their decision if final.

Appeals may take the form of written representations or, at the request of the member concerned, a personal interview at which they maybe assisted by a fellow member.

The appeal board will decide if a personal interview is necessary, in which to conduct a fair and justifiable hearing.

The person conducting an appeal may,

Approve the penalty, or
Reduce it, or
Find that the allegation of misconduct was not satisfactorily substantiated, or
Order a re-hearing of the case

No member to be expelled for the first breach of discipline, except in the case of gross misconduct

Members should be made aware that an application for the reinstatement of an expelled member may only be made twelve (12) months from the date of expulsion. Application for reinstatement can only be made once. (See rule 16).