The Welsh Curling Association is the governing body for the sport of curling in Wales and is committed to ensuring that equality is incorporated in all aspects of the organisation, its policies and operations.
2. Policy Statement
2.1 The purpose of the Disciplinary Policy and Procedures is to ensure justice in disciplinary proceedings and to provide a framework within which decisions relating to the WCA can be made in a fair, consistent, independent and expeditious manner and in accordance with the requirements of natural justice.
2.2 It is the policy of WCA to ensure that any disciplinary matters are dealt with fairly, that steps are taken to establish the facts and that there is an entitlement to a fair and reasonable review within a reasonable time and no longer than 90 days from receipt of the Notice by an impartial body.
2.3 The person or persons against whom a disciplinary claim is made or disciplinary proceedings are brought or intended to be brought under the terms of this policy shall be referred to as the “Respondent”.
3. Scope
3.1 This disciplinary policy has been written to govern incidents where persons involved in curling are involved in behaviour, conduct and actions that may breach the WCA’s Rules, Regulations, Policies or Constitution or bring the sport of curling into disrepute.
3.2 Examples of this include:
- Inappropriate behaviour
- Improper conduct
- Failing to comply with WCA’s rules or regulations
- Offensive language
- Equipment abuse
- Wilful damage
- Failing to comply with a written agreement
- Making an untrue written statement
- Breaching a Code of Conduct
- Failing to treat others with dignity or respect
- Taking part in doping or corruption or assisting other person(s) in breach of this policy
- Failure or refusal (without compelling justification) to cooperate with any code-compliant anti-doping investigation or proceedings
- Committing an act of misconduct related to anti-doping which does not amount to an Anti-Doping Rule Violation
3.3 Any violation may result in disciplinary action being taken against the Respondent by the WCA or other organisation having jurisdiction which could result in suspension or ban from the Association.
4. Receiving notice of a discplinary matter
4.1 Anyone wishing to raise a matter under this policy shall submit it as a Notice to the WCA President. If the President would be conflicted in handling a matter, then it should be submitted to the Safeguarding Officer (the Safeguarding Officer will act in the role of President for the rest of the Disciplinary Procedure).
4.2 The President’s role is to ensure procedures are established and may facilitate the process.
4.3 Any Notice that is reported to the WCA will be treated as confidential.
4.4 The President shall notify the Respondent, in writing, of receipt of the Notice and shall confirm all details included in the Notice together with the names of the members of the Disciplinary Panel to the Respondent as soon as reasonably practicable following receipt of the Notice.
5. Temporary Suspension
5.1 It may be in the best interests of all parties or necessary due to the nature of the complaint that the individual(s) concerned is(are) temporarily suspended pending the conclusion of the matter.
5.2 If a temporary suspension is deemed appropriate, the President has the authority to issue a temporary suspension which may remain in force until no later than the conclusion of the disciplinary process.
5.3 A temporary suspension shall only be imposed if and for as long as the President is satisfied it is necessary in the best interests of the individual, WCA or the sport.
5.4 The President shall review any temporary suspension at least monthly.
5.5Temporary suspension is a neutral act and will not be used punitively.
5.6 Support and advice will also be provided to the individual who is suspended as it is recognised that this can be a stressful process and while termed as “neutral” may not feel like this to the individual involved.
6. Formation of a Disciplinary Panel
6.1 The President is responsible for ensuring that a Disciplinary Panel is formed within ten days of receipt of the Notice.
7. Disciplinary Process
7.1 The panel will meet to consider the complaint and any supplementary information including any statements from witnesses, defendants as appropriate.
7.2 After considering all the evidence provided the panel will reach a conclusion which will be communicated to all parties in writing within ten working days.
8. Disciplinary Panel Decision
8.1 The Disciplinary Panel must inform the Respondent and put the decision in writing and inform all relevant parties of the outcome in writing and make sure that any actions arising from its decision are carried out.
9. Right of Appeal
9.1 Persons affected by this policy will have the right to appeal the decision made, where they believe that there has been a breach of procedure. An appeal must be lodged within five working days of being informed of the outcome and should be lodged with the President of the WCA.
9.2 The Appeals Panel would be a separate panel to the original Disciplinary Panel.
9.3 The initial Disciplinary Panel will view documentation and statements from witnesses and the defendant, in the Appeal Panel, the defendant will have the right to attend in person to discuss the charges.
9.4 The Appeal Panel shall consider all evidence and make a decision within 30 days of the appeal being lodged.
The Welsh Curling Association is the governing body for the sport of curling in Wales and is committed to ensuring that equality is incorporated in all aspects of the organisation, its policies and operations.
Policy Statement
The Welsh Curling Association (WCA) endorses the principle of sports equality and will strive to ensure that everyone who wishes to be involved in curling, whether as casual participants, team members, volunteers, coaches, office-bearers in clubs or those within the WCA:
• has a genuine and equal opportunity to participate to the full extent of their own ambitions and abilities, promoting fair and equal treatment to everyone; and
• can be assured of an environment in which their rights, dignity and individual worth are respected, and in particular that they are able to enjoy their sport without the threat of intimidation, victimisation, harassment or abuse.
Legal Obligations
WCA is committed to avoid and eliminate unfair discrimination of any kind in curling, and will under no circumstances condone unlawful discriminatory practices. The organisation takes a zero tolerance approach to harassment, bullying and victimisation. Examples of the relevant legislation and the behaviours in question are given in the Appendix.
Positive Action
The principle of Sports Equality goes further than simply complying with legislation. It entails taking positive steps to counteract the effects of physical or cultural barriers – whether real or perceived – that restrict the opportunity for all sections of the community to participate equally and fully.
WCA will therefore seek to institute, support or contribute to appropriate measures or initiatives that enable access to curling and participation in associated activities by people from any group that is under-represented in the sport or has difficulty accessing it.
Implementation
The following steps will be taken to publicise this policy and promote sports equality in curling:
A copy of this document will be published on www.welshcurling.org.uk
The WCA President will take overall responsibility for ensuring that the policy is observed.
The Committee will take full account of the policy in arriving at all decisions in relation to activities of the WCA.
The WCA will collaborate fully with any surveys or other initiatives designed to assess the level of participation of different sections of the community in curling and will take account of the findings in developing measures to promote and enhance sports equality in curling.
The WCA will recommend training for all of its Committee Members to raise awareness of both collective and individual responsibilities.
WCA will signpost all coaches to equality and diversity training.
It will be a condition of WCA membership that member clubs:
formally adopt this policy, or produce their own equality policy in terms that are consistent with it; and
take steps to ensure that their Committees, members and volunteers behave in accordance with the policy, including where appropriate taking disciplinary action under the Club’s constitution; and
ensure that access to membership is open and inclusive
support such measures and initiatives that WCA may institute or take part in to advance the aims of this policy.
It will be a condition of WCA membership that individual and corporate members
commit to act in accordance with this policy; and
support such measures and initiatives that WCA may institute or take part in to advance the aims of this policy.
Responsibility, Monitoring and Evaluation
The WCA Committee will be responsible for ensuring the implementation of this policy.
The Committee will review all WCA activities and initiatives against the aims of the policy on an annual basis, and the outcomes will be reported formally at the AGM.
The President will review any measures or initiatives that WCA may institute or take part in to promote and enhance sports equality in curling and will report any findings formally to the AGM.
The WCA Committee will review the policy itself at intervals of no more than three years, (or when necessary due to changes in legislation) and will report with recommendations to the AGM.
Complaints and compliance
The WCA regards all of the forms of discriminatory behaviour, including (but not limited to) behaviour described in the Appendix as unacceptable, and is concerned to ensure that individuals feel able to raise any bona fide grievance or complaint related to such behaviour without fear of being penalised for doing so.
Appropriate disciplinary action will be taken against any employee, member or volunteer who violates the WCA Equality Policy.
Any person who believes that he or she has been treated in a way that they consider to be in breach of this policy by a member club, individual member or other representative of WCA, should first complain to that person (if appropriate) or the organisation. If this does not resolve the matter, or in the case of allegations of discriminatory behaviour against WCA itself, the person may raise the matter by writing directly to the President. Contact details are available through the website: www.welshcurling.org.uk
The President will investigate the complaint personally or appoint a person to do so. The investigation will be conducted impartially, confidentially, and without avoidable delay. Any person or organisation against whom a complaint has been made will be informed of what is alleged and given the opportunity to present their side of the matter.
The outcome of the investigation will be notified to the parties in writing and reported to the WCA Committee. If the investigation reveals unacceptable discriminatory behaviour on the part of an individual member, member club or representative, the Committee may impose sanctions on that person or organisation. Sanctions may range from a written reminder concerning future conduct up to and including temporary or permanent expulsion from WCA membership. In deciding what sanction is appropriate in a particular case the Committee will consider the severity of the matter and take account of any mitigating circumstances.
Where the violation of the Equality Policy by way of harassment, victimisation or discrimination amount to a criminal offence, the appropriate authority will be informed.
In the event that an individual or organisation associated with WCA is subject to allegations of unlawful discrimination in a court or tribunal, the WCA Committee will co-operate fully with any investigation carried out by the relevant lawful authorities and, subject to the outcome, may consider taking action as above in relation to the matter concerned.
Approved by the WCA Committee
1 March 2018
APPENDIX – Relevant legislation and forms of unacceptable discrimination
Legal rights
Discrimination has been legally defined through a series of legislative acts, including the Race Relations Act, the Sex Discrimination Act, the Disability Discrimination Act and the Equality Act 2006.
In April 2010, the Equality Act 2010 received Royal Assent. The Equality Act 2010 is a new law which harmonises where possible, and in some cases extends, protection from discrimination. It applies throughout the UK and came into force in October 2010.
Discrimination refers to unfavourable treatment on the basis of particular characteristics, which are known as the ‘protected characteristics’. Under the Equality Act 2010, the protected characteristics are defined as age (employment only until 2012), disability, gender reassignment, marital or civil partnership status (employment only), pregnancy and maternity, race (which includes ethnic or national origin, colour or nationality), religion or belief, sex (gender) and sexual orientation.
Under the Equality Act 2010, individuals are protected from discrimination ‘on grounds of’ a protected characteristic1. This means that individuals will be protected if they have a characteristic, are assumed to have it, associate with someone who has it or with someone who is assumed to have it.
Forms of discrimination and discriminatory behaviour include the following:
Direct discrimination