ENjoy – Codes of Conduct & Disciplinary Regulations

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Sporting excellence and enjoyment are only achieved by participants and spectators through adherence to the highest moral, ethical and sporting standards. England Netball’s Codes of Conduct set out the standards and expectations expected of those in the sport of netball, and these promote respect, good sportsmanship, high standards of behaviour and ethics.

Codes of Conduct

The Codes of Conduct have common standards which apply to all, and some specific to the role being carried out, e.g. official, coach, committee members and parent/carer.

All Members are required to abide by these Codes. In addition, clubs should ensure that the Codes are well known and promoted, so that there is a culture of respect and a discrimination free environment for all to enjoy the sport.

Disciplinary Regulations

Should behaviour breach a rule that is referenced in our Misconduct List, the Disciplinary Regulations provide a fair and transparent process for establishing whether a Disciplinary Offence has been committed and what the appropriate response to that behaviour should be.

The Process

Informal resolution

Unless the complaint is of a serious nature, often matters are better resolved at the local level, informally by staff or volunteers. This is the best way to address issues as they occur and allows all parties to find a resolution quickly, simply, and informally. Please contact your local county or region committee to support local informal resolution.

How to complain

Anyone concerned about a Members behaviour or wishing to make a formal Complaint about a Members’ behaviour should submit that, here.

The Complainant should provide as much detail as possible about the Complaint, including, if possible, the specific Misconduct rule which they believe has been breached and/or why they believe the issue is a Disciplinary Offence.

What happens next?

A Disciplinary Secretary will be appointed and is responsible for appointing an Investigation Officer, who determine whether or not the Complaint shows a prima facie case to answer. This means that there needs to be enough evidence in front of them to show that there is a serious enough case to warrant a Disciplinary Hearing. Whilst they have the power to ask for additional evidence, from anyone, they do not need to. In some cases, they may decide that the case is suitable for mediation or training, as it is not so serious that it needs to be a Hearing.

Interim Suspension

Investigation Officers may also recommend Interim Suspensions, for example where the allegation is so serious that someone needs protection from the possibility of that behaviour recurring, or the behaviour is such that it is felt the reputation of the sport needs protecting, or to protect the integrity of the Disciplinary Process.  The Investigation Officer must define the activities which the person is suspended from. The Interim Suspension will usually continue through to the conclusion of the Disciplinary Process.

Disciplinary Hearing

Before the Hearing, the Complainant and the Respondent will have been asked to produce their evidence. All this will be provided to the Panel and the parties will have the opportunity to attend and give their evidence and question the other party on theirs (through the Chair not directly). The Panel will consider the evidence and reach their determination. When the Panel consider the case proven, or part of it, they will then determine an appropriate sanction.

Appeal Hearing

A Respondent may Appeal a Decision of the Disciplinary Panel, if they attended or submitted evidence for the Disciplinary Hearing. The potential grounds of Appeal and the process under which leave to Appeal is sought, are set out in the Regulations.

Who will know about the sanctions?

Where a person is suspended from any aspect of netball activity, the various levels of administration in the sport may need to be informed in order that the sanction can be put into effect. For example, the club, County Netball Association and the Regional Management Board Chairs will need to be notified. They will be told of the fact of the suspension, and not of the allegations made against a person or the offences which have been found proved. A Panel may also decide to publicise the case and where to do so, for example a letter of apology published following using offensive language on a website/on the same website.

What happens if the sanctions are not carried out?

Where a Member does not comply with a sanction, they will be committing a further Disciplinary Offence and could be charged with that. In addition, they will be subject to an automatic suspension of their membership of England Netball. The relevant levels of netball administration will be informed of this.

Anyone taking part in netball activity with a person who is subject to a suspension, may themselves be subject to a Disciplinary Charge, as this is a Disciplinary Offence. Involving a banned/suspended Member in a competition may also be a breach of the applicable Competition Rules, hence making the team liable to points deductions or disqualification.

What records are kept?

The Disciplinary Regulations provide guidelines for the length of time which records should be kept, which vary according to the severity of the sanction imposed. Disciplinary Panels are responsible for deciding how long the records should be kept within the guidelines. Once the specified period for retention has passed, the records will be securely destroyed. Where a lifetime ban has been imposed, these records will remain securely archived in perpetuity.

Costs

In some cases the Panel may decide to award the administrative costs of the hearing to either party, for example when an Investigation determines that a complaint has been made with no reasonable justification. Experts and representatives costs cannot be recovered.

 

 

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