ABERYSTWYTH AND DISTRICT AMATEUR SWIMMING CLUB
CONSTITUTION  as at 1 January 2004
  5 Expulsion and other disciplinary action
   
  5.1 Procedures
  On receipt of the dispute every effort should be made to resolve the matter by informal discussion. In difficult cases the Chairperson of the relevant DJT is empowered to appoint an independent arbitrator to assist in achieving a settlement. If this fails or it is clearly necessary to discipline a member, the Club should set up a Panel to deal with the matter.

 
  The Panel should consist of 3 persons, one to act as Chairperson. The Panel will consist of people not involved in the dispute and the Club may want to ask individuals form outside the Club to sit on the Panel.

 
  The Chairperson should notify both parties of the date, time and place of the hearing and the names of the Panel members. Both parties will be given copies of all the papers and every effort should be made to hold the hearing within 14 days of the receipt of the dispute.

 
  If either party is under 16 years of age they will be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them present their case.

 
  Both parties will be allowed to bring witnesses.

 
  The hearing should be as informal as possible but needs to be controlled.


Points to note:

  a. The Complainant will present evidence first and the accused will have the right to reply.

 
  b. Both parties to the dispute can call witnesses, the Complainant going first and each party will be allowed to question the other party’s witnesses.

 
  c. Witnesses will wait outside the hearing room until they are called. After questioning they will wait in the hearing room, taking no further part in the proceedings.

 
  d. The Chairperson or Secretary will make notes of the hearing and the panel will make every effort to announce their decision verbally to all parties without delay followed by written confirmation to reach all parties within seven days.

 
  The Committee shall have the power to:
  1 Give written warning;

 
  2 Suspend;

 
  3 Expel.

 
  6 Appeals as a result of Disciplinary Action
  6.1 Any member found guilty by the Disciplinary Committee shall have the right to appeal to the Management Committee of the Club with in 21 days of receiving notice of the decision of the Disciplinary Committee. The Management Committee shall, within 7 days of receiving such notice, set up an Appeals Committee which shall consist of 3 members of the Club who will be independent of the Disciplinary Committee and will be chaired by a representative of the area applicable to the Club. Any member whose appeal is not upheld will have a final right of appeal to the Welsh Amateur Swimming Association in accordance with the Association’s appeals procedure by giving notice to the WASA within 14 days of receiving in writing the decision of the Appeals Committee. The Club Secretary will be required to supply, within 14 days of being notified, all relevant papers and evidence

 
  6.2 Pending the hearing of an appeal the sentence imposed by the Disciplinary Committee shall be suspended.

 
  7 Committee
  7.1 The Committee shall consist of the Chairperson, Vice Chairperson, Secretary, Treasurer, Child Protection Officer, Membership secretary (the “Officers” of the Club) [together with such additional secretaries, (e.g. Fixtures Secretary, Press Officer) as required to manage specific activities of the Club]. (Together “the Officers of the Club”) and a minimum of six elected members, all of whom must be members of the Club. All Committee members must be at least 18 years of age, though the Committee may allow younger member(s) to attend their meetings as athlete representatives without the power to vote.

 
  7.2 The Officers of the Club shall be ex-officio members of any sub-committee.

 
 

7.3 The Committee members shall be proposed, seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring members of the Committee shall be eligible for re-election.

 
 

7.4 Committee meetings shall be held not less than once a month (save where the Committee itself shall by a simple majority resolve not to meet). The quorum of that meeting shall be one third (to include not less than one Officer)]. The Chairman and Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interests of the Club. The Secretary shall give all the members of the Committee not less than 7 days oral [(or written)] notice of a meeting. A simple majority shall make decisions of the Committee [and in the event of equality of votes the Chairman (or the acting Chair of that meeting) shall have a casting vote]. The Secretary, or in his/her absence a member of the Committee, shall take minutes.

 
 

7.5 In the event that a quorum is not present within 30 minutes of the published start time, a meeting shall stand adjourned to the time and date falling 7 days after the date of the meeting, or such other date and time as may be determined by the Chairman. If a quorum is not present at the adjourned meeting then those Committee members attending may act for the purpose of calling a Special General Meeting of the members, to which the provisions as to minimum notice contained in Rule 11.1 shall not apply.

 
 

7.6 In addition to the members so elected the Committee may co-opt up to 6 further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall be entitled to vote at the meetings of the Committee and shall be counted in establishing whether a quorum is present.

 
  7.7 The Committee may from time to time appoint, from among their number, such sub-committees as they may consider necessary (and to remove (in whole or in part) or vary the terms of reference of such sub-committees). They may delegate powers and duties of the Committee as the Committee may determine. All sub-committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the directions of the Committee.

 
  7.8 The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms and conditions of service of employees of the Club. The Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that the Accounts of the Club for each financial year be examined by an independent examiner to be appointed by the members in General Meeting.

 
 

7.9 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.

 
  7.10 Any Committee member absent from 3 consecutive meetings without reasonable cause shall be removed from that position immediately, until the next AGM.
   
 

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