Principles
This procedure exists to ensure that:
- Grievances and complaints are investigated fully and properly.
- Appropriate action is taken where necessary.
- Those who raise grievances or are the subject of complaints are treated fairly and consistently.
Complaints
A complaint may relate to (but is not limited to):
- Breaches of the York School of Defence’s constitution, rules or codes of conduct.
- Behaviour which brings the York School of Defence into disrepute.
A complaint may be made by any person and should be submitted in writing to the Head Coach (chris@yorkschoolofdefence.co.uk). It should briefly set out the circumstances forming the basis of the complaint identifying where relevant the breach or breaches of the York School of Defence’s constitution, rules or codes of conduct or generally expected and anticipated behaviour.
Grievances
A grievance may relate to (but is not limited to) a concern or problem in respect of:
- A member’s practice, performance, and conduct at the York School of Defence or any event that the school is attending in any official capacity.
- A member’s practice, performance, and conduct at any martial arts related event.
- A membership of the York School of Defence.
- A member’s conduct in person or on social media that may be construed as a violation of the ethos of the school.
A grievance may be raised by any member of the York School of Defence who should initially seek to resolve it by talking to an appropriate person within the organisation. If the grievance is sufficiently serious and cannot be resolved in this way it should be submitted in writing to the Head Coach (chris@yorkschoolofdefence.co.uk). It should briefly set out the circumstances forming the basis of the concern or problem and the steps taken to resolve it.
Head Coach
All grievances and complaints will be considered by the Head Coach who may:
- Determine that no action is needed.
- Gather information deemed relevant or potentially relevant to the matter disclosed in the grievance or complaint.
- Determine that organisational action is appropriate.
- Determine that the grievance or complaint might appropriately be dealt with informally and may refer it to an appropriate York School of Defence officer or senior student.
- Determine that a grievance might appropriately be referred to a Disciplinary Committee for a grievance meeting.
- Determine that the grievance or complaint raises safeguarding issues in which case must refer it to the York School of Defence Safeguarding Officer.
- Determine that the grievance or complaint is treated as an allegation of misconduct.
- Determine that law enforcement or an external third party should be involved.
In determining whether to treat a grievance or complaint as an allegation of misconduct the Head Coach must have regard to:
- Whether the conduct disclosed in the grievance or complaint or its consequences is serious enough to justify the involvement of other officers or senior students.
- Whether the conduct disclosed in the grievance or complaint or its consequences is serious enough to justify forming a Disciplinary Committee.
- Whether the conduct disclosed in the grievance or complaint or its consequences is serious enough to justify the involvement of law enforcement or an external third party
- Whether there is a realistic prospect of a finding of misconduct being made.
Interim Measures
Where the Head Coach considers that the matter disclosed in the grievance or complaint is so serious that an interim suspension or other appropriate measure may be necessary to protect the interests of any person or the York School of Defence this can be actioned with immediate effect. The interim suspension or other appropriate measure may be for a fixed period of time or of indeterminate length pending the investigation of the matter and or the outcome of a grievance meeting or the disciplinary process. A member subject to an interim suspension may not participate in any York School of Defence activity for the period of the suspension.
Other interim measures may include (but are not limited to):
- Suspension of attendance at certain classes.
- Removal of sparring and freeplay rights.
- Limited access to tools and kit.
- Attending lessons in an observational capacity only.
- Informal chats with aggrieved and disputing parties.
Informal Resolution
Where a grievance or complaint is referred by the Head Coach to a York School of Defence officer or dealt with directly by the Head Coach for informal resolution the action taken may include writing or speaking to the member concerned. Without prejudice to any other appropriate way of resolving the matter, the action may involve advice or recommending further training, mentorship or supervision, or interim measures outlined above. If the York School of Defence officer considers that the matter is not suitable for informal resolution they may:
- Refer a grievance to a Disciplinary Committee for a grievance meeting to take place.
- Treat the grievance or complaint as an allegation of misconduct and if so they must refer the matter to the Disciplinary Committee.
Misconduct
Misconduct is defined as any behaviour falling far below the standard expected of a member of the York School of Defence.
The Disciplinary Committee
The Disciplinary Committee consists of four committee members.
- The Head Coach of the York School of Defence.
- The Safeguarding Officer of the York School of Defence.
- Two other members (who are usually members of the York School of Defence or associates of the club).
The Disciplinary Committee can make findings of fact, reach decisions and impose sanctions on the basis of a majority.
Sanctions and Remedies
Where an allegation of misconduct has been admitted or proved the Disciplinary Committee may:
- Offer advice.
- Issue a written warning or reprimand.
- Impose a support requirement involving training, mentorship or supervision.
- Suspend the member’s membership of the York School of Defence for a specified period not exceeding 12 months.
- Prohibit the member from taking part in specified York School of Defence activities (including but not limited to.
- Prohibit the member from taking part in activities related to martial arts outside of the York School of Defence.
- Expel the member from the York School of Defence.
Save for expulsion these sanctions and remedies may be imposed in combination where appropriate, however the totality of the sanctions and remedies imposed must be reasonable and proportionate in all the circumstances. In the event of a suspension or expulsion certain aspects of the offence may be made public in order to help safeguard the wider HEMA and martial arts communities and to protect the reputation of the York School of Defence.
Criminal Convictions and Charges
Where it is established that a member has been charged with or convicted of a criminal offence that has not been disclosed the matter may be treated as an allegation of misconduct and can be dealt with directly by the Head Coach or referred to a Disciplinary Committee if:
- The offence or its consequences are serious enough to justify sanctions being made, or are directly related to activities undertaken at the York School of Defence in the opinion of the Head Coach.
- There is a realistic prospect of a finding of misconduct being made.
- It is reasonable in the circumstances to refer the matter to the Disciplinary Committee.
The Grievance Process
Where a grievance is referred to the Head Coach or a Disciplinary Committee for a grievance meeting to take place the member will be asked to confirm whether they consent for the matter to be dealt with on the basis of the evidence submitted or whether they wish to attend in person. The member has the right to be accompanied at the grievance meeting. The member will be notified of the decision reached by the Disciplinary Committee within 14 days.
Appeals
The member can appeal against the finding of the Disciplinary Committee and/or the sanction imposed by notifying the Head Coach within 14 days of becoming aware of it. The grounds of the appeal must be specified and in respect of the disciplinary process it must also be made clear whether the appeal is against the finding, the sanction or both. Appeals are heard by the Appeals Committee which consists of five independent members, three of whom have not previously been involved with the case:
- The Head Coach of the York School of Defence.
- The Safeguarding Officer of the York School of Defence.
- Three other members (who are usually members of the York School of Defence or associates of the club).
The member will be given an opportunity to either attend and make oral submissions to the Appeals Committee or submit written arguments. The Appeals Committee may give permission for fresh evidence to be presented only if it appears to afford a ground for allowing the appeal and if there is a reasonable explanation for the failure to present it to the Disciplinary Committee. The Appeals Committee may confirm, reverse or vary any aspect of the decision appealed against on the basis of a majority decision. The decision with reasons may be announced at the end of the hearing or may be notified to the member in writing within 14 days.
The Disciplinary Process
There are four stages to the disciplinary process:
- Within 14 days of the Head Coach’s decision to refer the matter to the Disciplinary Committee a summary of the alleged misconduct is sent to the member along with all the documents considered relevant.
- A timetable is set for the member to provide a response which should include:
- Confirmation of whether they admit or deny the allegation of misconduct setting out any mitigating factors if they admit it. If they deny the allegation of misconduct (or admit it but dispute any material facts relating to it) they must clearly identify the matters of fact they take issue with.
- A copy of any evidence they wish to present.
- Confirmation as to whether they consent for the matter to be dealt with on the basis of the evidence submitted or whether they wish to attend the meeting in person.
- Where the member does not consent to the matter being dealt with on the basis of the evidence submitted, a date, time and place is fixed for the disciplinary meeting.
- The disciplinary meeting takes place.
If the member attends the meeting the following procedure takes place:
- The chair reads out the allegation of misconduct and asks the member to confirm if they admit or deny the allegation.
- If they admit it the case will usually proceed straight to sanction.
- If they deny the allegation the evidence will be presented and thereafter the member will have the chance to present their case. Statements from witnesses are admissible as evidence only if the person who made the statement had first hand knowledge of the matters stated in it.
- the Disciplinary Committee will decide whether they are satisfied on the balance of probabilities that the allegation is proved.
- The member will be notified of the decision within 14 days.
If the member fails to attend the meeting without reasonable excuse having previously stated they wished to attend, the evidence is considered by the committee in the member’s absence. The member has the right to be accompanied by an appropriate person at the disciplinary meeting.
Powers of the Head Coach, Assistant Coaches, Officers and Students
- Head Coach:
- The Head Coach of the York School of Defence reserves the right to immediately sanction, expel, suspend or otherwise deal with any disciplinary or conduct matter as they see fit if the comfort and safety of members of the school, or the reputation of the school are threatened.
- Assistant Coaches:
- Assistant Coaches are able to issue class-related sanctions with a specific session, such as removal of sparring rights, asking a student to refrain from training for the rest of a session, or limiting a student’s access to certain tools or kit.
- Any issue dealt with by an Assistant Coach should be immediately documented and this should be forwarded to the Head Coach. If the Head Coach is present they should be immediately notified in person.
- Any grievance with the sanctions imposed on a student by an Assistant Coach should be referred to the Head Coach who will decide if sanctions were fairly imposed.
- Officers:
- Officers have powers strictly related to their own official capacity. For example a Safeguarding Officer can act in official safeguarding matters, but no other power is afforded to officers during session or lesson time.
- Students:
- Students, regardless of rank, are expected to act immediately in the event of an action that they feel endangers themselves or their fellow students by discussing the matter politely with the offending party.
- If discussions prove difficult, uncomfortable or the offence is repeated all actions should be halted and the matter should immediately be referred to an Assistant Coach, unless the Head Coach is present in which case it should be referred to them.