Complaints, grievance and whistleblowing
Code of Conduct
BIRFC members, coaches, players, parents/guardian/carer, volunteers, match officials, associated persons and spectators/visitors are expected to recognise, adhere and respect the club’s code of conduct as detailed in the club’s policies and rules and regulations;
the core of which is the RFU values of the game:
Teamwork • Respect • Enjoyment • Discipline • Sportsmanship;
Rugby Club’s Management Committee [MC] is responsible both for establishing an appropriate framework for the implementation and adherence to the club’s Code of Conduct, including an appropriate formal complaints, grievance and appeals process.
Disciplinary Process
deals with any act of indiscipline on the field of play by players, supporters, spectators, officials or any club member who at any time uses threatening, abusive or insulting words or behaviour towards any other member or visitor to the Club or in any way brings the Club or the game into disrepute;
· is based on the RFU Code of Conduct and RFU Regulations;
· sets out, the on-field disciplinary process for both the senior and junior sections of BIRFC.
BIRFC Complaints Process
The objective of the Rugby Management Committee (MC) is to create a club culture where the majority of complaints are resolved in a timely, amicable manner and in an informal basis. The below process is based on the “RFU SAFEGUARDING COMPLAINTS PROCEDURE” and is designed to address “off field” incidents in breach of the Clubs Code of Conduct
What is this procedure for?
BIRFC takes complaints seriously and as a Rugby Club both encourages feedback and views complaints as an opportunity, where possible, to learn and improve the running of BIRFC.
Our aim is to:
provide a fair complaints procedure which is clear and easy to understand;
be open about how we will deal with complaints;
ensure that all complaints are investigated fairly and in a timely way; and
gather information in order to improve the running of BIRFC
For the purpose of these procedures, a complaint is any expression of dissatisfaction about any aspect of the running of BIRFC.
How do I make a complaint?
Stage One
In many cases, a complaint is best resolved by the person responsible for the issue that is being complained about. If the complaint has been received by that person, we expect that all reasonable efforts will have been made to resolve it swiftly if possible and appropriate (informal resolution).
However we appreciate that this is not always possible or appropriate and therefore have the following additional process in order to deal with all complaints raised.
Stage Two
If it has not been possible to resolve the complaint in Stage One of this process, the complaint should be made in writing to the BIRFC Secretary.
The complaint will be acknowledged and responded to in writing, within 10 working days and a copy of this complaints procedure will be supplied.
The BIRFC Secretary will take the following action if the complaint relates to:
to junior player safety, immediately escalate to the Club’s Safety Officer;
on field ill-discipline, refer the matter to BIRFC’s Disciplinary Officer (DO).
The BIRFC Secretary, will determine the appropriate Section of BIRFC that the compliant should be directed to and forward the complaint to the Section Chair(s) who will convene a minimum quorum of three members, who are independent to the complaint, to form a view and decide who the best person is, to become the Stage Two Reviewer.
The Stage Two Reviewer will:
consider whether the complaint falls within the ambit of this procedure;
initiate discussions, meetings or other correspondence with the complainant to fully understand their issue, seek clarity and be clear on what would constitute a resolution for them;
consider whether the substance of the complaint has already been dealt with in the response to another complaint or as part of Stage One of the process;
compile an appropriate set of documentation, including records of interviews, meetings, exchanged emails, etc. for review by the Stage Three Review Committee if appropriate.
If the complaint has already been dealt with appropriately, then no further action will be taken. The hope at Stage Two is that an acceptable resolution can be found and the complaint can be concluded to the complainant’s satisfaction at this stage.
However if this is not the case, the complainant must inform the BIRFC Secretary, within 10 working days of the decision to initiate Stage Three, which will be progressed as follows:
Stage Three
The BIRFC Secretary, will convene a minimum quorum of three MC members, who are independent to the complaint, to appoint a Stage Three Review Committee, comprised of a minimum of 3 individuals and a appoint a chair.
The Stage Three Review Chair will:-
within five working days acknowledge receipt of the Stage Three complaint and confirm that a Stage Three Review Committee has been appointed;
indicate when a response can be expected. The aim will be for complainants to receive a definitive reply within 20 working days;
convene the Stage Three Committee to review the principal documentation and the actions taken so far.
The role of the Stage Three Review Committee is to assess whether the conclusion reached by the Stage Two Reviewer was one to which a reasonable person could have come, or whether he or she acted fairly to the complainant.
The Stage Three Review Committee:
· will not ordinarily review the matter from the beginning;
· shall not ordinarily ask for further statements from the complainant or third parties.
If the Stage Three Review Committee concludes that the conclusion reached by the Stage Two Reviewer was one to which a reasonable person could not have come, or failed to act fairly to the complainant, they she shall instruct another individual to conduct a Stage Two Review again.
If the Stage Three Review Committee is satisfied that the conclusion of the Stage Two Reviewer was reasonable, and that the complainant was treated fairly, then the Stage Three Reviewer shall inform the complainant that the matter is closed.
The reply (within 20 working days where possible) to the complainant will inform them of the action(s) taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint.
What happens next?
The decision of a Stage Three Review Committee on whether to close the complaint's file and/or recommend an alternative action is final.
Where any recommendations of the Stage Two Reviewer or Stage Three Review Committee result in disciplinary action for any person, the relevant disciplinary rules will be followed, including those relating to appeal against any resulting sanction.
What else you need to know?
BIRFC will treat all complaints in strictest confidence, with appropriate discretion to both the accused and accuser(s).
All complaints received by the BIRFC Secretary will be appropriately briefed to the MC and the determined course of action minuted within confidential matters arising, for the club’s records.
The BIRFC Chairman and BIRFC Secretary will inform Surrey RFU as appropriate with regard to formal complaints, grievances and allegations of breaches of the club’s code of conduct, rules & regulations.
Time limit
In order to ensure that matters are able to be dealt with fairly and proportionately, there is a six month time limit on adults making complaints with respect to behaviour by others.
This six month time limit can be varied by approval of three members of the management committee agreeing this would be just and proportionate, but this would only be done in very exceptional and serious circumstances.
There is no time limit on complaints made by/on behalf of children, although the age of a complaint will be a factor that will have to be considered in how fairly evidence can be collected by the committee.
Appeals Process
Any appeal must be raised in writing to the BIRFC Secretary, stating the basis for the appeal, within 10 days of receipt of BIRFC’s written communication.
The decision on the validity of an appeal will be made within 20 days of receipt of a written appeal, by the Secretary of BIRFC in consultation with a minimum quorum of three other MC members.
All appeals will be appropriately briefed to the MC and the determined course of action minuted within confidential matters arising, for the club’s records.
Whistleblowing
BIRFC fully supports the concept of whistleblowing and believes that it is an important part of a good governance process.
As such members, coaches, players, parents/guardian/carer, volunteers, match officials, associated persons and spectators/visitors are actively encouraged to bring any concerns they may have to the attentions of the officers of the club.
In addition, BIRFC respects that individuals may not be comfortable raising matters in person with club officials and as such concerns should be sent in writing direct to the Secretary BIRFC.
Finally, anonymous complaints will be treated in the same manner as those raised in person. That said, the club recognises that the ability to complete an investigation may be hindered by the lack of an accuser(s) to discuss the matter.
Vexatious Complaints
The presumption is that a complaint is made in good faith. A vexatious complaint is one that is pursued, regardless of its merits, solely to harass, annoy or subdue somebody; something that is unreasonable, without foundation, frivolous, repetitive, burdensome or unwarranted. A decision on whether a complaint is vexatious can be made at Stage 2 &/or Stage 3, based on the information presented to the Stage 2 Reviewer &/or Stage 3 Chair. All complaints deemed to be vexatious must be communicated to the Club Secretary and presented to the MC within Matters Arising on the Committee Meeting Agenda.
Reporting
The BIRF Secretary will report the nature & conclusion of all formal complaints, grievances & allegations of breaches of the clubs code of conduct to the AGM as part of our good governance process.