Disciplinary Procedure

Disciplinary Procedure

Disciplinary Procedure

Club Name: – Isle of Wight Freshwater Angling Company

Review Date: – 26.03.2024

General

All members of the Isle of Wight Freshwater Angling Company (hereinafter referred to as the Company) should be familiar with all Company rules before starting to fish. These can be found on the Company website and they were sent to members when they joined/renewed their membership.

On this basis ignorance of the Company rules will not be accepted as an excuse if they are breached.

We hope the following Disciplinary Procedures are not seen as overbearing. It is vitally important that all members follow company rules, many of which are in place to ensure the safety of the angler and the welfare of the fish they catch.

Whilst fishing, you may encounter a Company Bailiff/Warrant Card holder or Company Director, whose job it is to ensure all anglers follow our rules, as well as helping to protect the Company from poachers and oversee the welfare of our waters. 

The Company Bailiff/Warrant Card holder or Company Director may ask you to produce your Membership Card or guest ticket. Additionally, they may ask to check your tackle to ensure our fishing rules are being observed.

The Company has a 3 Level Disciplinary Policy designed to deal with rule breaches, from minor infringements right up to those involving actions deemed to represent gross misconduct. There is no binding definition of gross misconduct or a serious breach of rules. Each case will be examined on its own merits.

Disciplinary matters, applying to all matters of Isle of Wight Freshwater Angling Company. (hereinafter referred to as the Company), will be dealt with by the Directors of the Company. All members of the Company agree to fully comply with this code of conduct and specific codes of conduct for their role and be bound by its terms as under noted.

Disciplinary action against members, including expulsion without notice, may be taken for offences of misconduct or breach of company’s rules. However it is recognized and accepted that every member

  • Has the right to expect fair and consistent treatment
  • Has the right to adequate notice from the Company
  • Has the right to representation
  • No member will be expelled for the first breach of Company’s rules except in cases of “gross misconduct”. However all disciplinary actions taken by the (Company) will be duly recorded and placed on file for reference at a future date.
  1. Offences Leading to Disciplinary Action

    The under noted actions by members may be interpreted by the Directors to fall within this Code. However the lists are not to be considered as fully inclusive or covering all possible offences.

    LEVEL 1 – If a member is found to be in breach of Company rules whilst fishing, the most likely action will be a bank-side warning, together with a reminder of the relevant rule/s. A record of the infringement will be logged and sent to the Company Secretary for future reference.

    Examples of Level 1 offences include: –

    • Discourteous, crude or offensive behaviour 
    • Conduct of an unsafe nature
    • Refusal to carry out reasonable instructions issued by a Director, Company 

    Bailiff, event officials or organisers.

    LEVEL 2“Serious Misconduct” is the carrying out of an offence of such gravity that in the opinion of the Directors it warrants a disciplinary hearing. 

    A Level 2 breach could be a repeat of a previously recorded Level 1 action, or may be a single more serious breach. For example the use of threatening or abusive behaviour or being under the influence of drugs or alcohol whilst on Company property.

    LEVEL 3 “Gross Misconduct”A Level 3 incident represents the most serious breach of the rules and has the potential to lead to permanent expulsion from the Company, with no refund of membership already paid.

    For example physical violence or assault towards other persons on any Company premises or reckless disregard of safety rules

    “Gross Misconduct” is action of such seriousness t

    • Offensive disregard for equipment or property

    hat the Directors will require the immediate expulsion of the offender from the Company waters. The Directors may by means of an executive decision summarily expel such an offender without invoking a disciplinary hearing. The expelled member will have the right to a disciplinary hearing as soon as this can be arranged but will remain expelled until and unless such a hearing overturns the executive decision. 

2. Disciplinary Procedure

On receipt of a written complaint from a member, an other team or organization or any person lawfully on Company property, the Directors, will decide whether the complaint falls within the scope of this disciplinary code. If in their opinion it does, then the Directors will decide as to the type of offence as per section 1 above.

If the offence is considered to be one of simple misconduct, the Company Secretary will write to the offender with a formal written warning including the demand for an apology or other corrective action the Directors may deem appropriate. The Directors will also attempt to obtain approval for their action from the complainant.

A disciplinary file will be opened by the Directors in which will be placed copies and records of the original complaint, together with the written warning and any other correspondence.

The action outlined above will normally finalise the process unless any of the parties involved object strongly to the Directors decision in which case they may appeal directly to the Directors for a final decision.

Should the complaint be considered by the Directors as falling within Level 2 or Level 3 as detailed above then the following procedure will be implemented: –

  • The Directors will appoint an Investigating Officer who will research evidence presented and, if possible, will obtain further written evidence, witness statements, etc.
  • If necessary the Investigating Officer will consult all relevant witnesses for supportive evidence
  • Advise complainant that if a disciplinary hearing is called, then the complainant and all relevant witnesses will be obliged to attend and give evidence. (Non attendance at a hearing will only be allowed in extenuating circumstances, i.e. Ill-health, threat of violence or intimidation etc). In such circumstances/instances a sworn declaration must be submitted to the Directors
  • Contact the member subject of the complaint to advise of the official complaint and request the member to submit a written statement of events
  • In cases of disputes of a personal nature, the Directors will attempt to resolve the situation amicably and to the mutual satisfaction of the parties concerned
  • If settlement cannot be agreed between the parties, or if the offence merits it, then a disciplinary hearing will be arranged as soon as possible
  • Contact the Club’s Legal Advisor if required and supply copies of all evidence

-Notify all parties as to the hearing date and ensure the parties have all relevant copies of paperwork in good time prior to the hearing, copies to be sent by 1st class recorded delivery

  1. Disciplinary Hearing
  • All witnesses should be interviewed if possible and a written record of their evidence recorded prior to the hearing. If a witness is not available to be interviewed then their written witness statement should be requested and obtained prior to the hearing.
  • The hearing can be conducted with a minimum of 3 Directors, one of whom will be appointed Chairman of the hearing. All questions will be addressed through the Chairman, who when appointed, will have the casting vote.

  • The date for the disciplinary hearing should be notified to all relevant parties within a month of the complaint being received by the Company Directors

  • All witness statements obtained will be reviewed at the hearing.

  • No witnesses or statements can be introduced at the hearing without prior notice and copies of all written evidence produced for consideration prior to the hearing, to be available in advance to the parties

  • The Directors may adjourn the hearing to allow further evidence to be referred to if the Directors consider it fair to do so.
  1. Penalties

Following the hearing, the Directors will apply such penalties as the Directors consider appropriate, including temporary or permanent expulsion of the offender from the company, such penalties will have immediate effect, notwithstanding the possibility of an appeal in accordance with Section 5 under noted. In the event of the member being expelled, no refund of any membership fee will be made. 

Offences of cheating or being under the influence of alcohol or drugs or those involving threats of physical violence will carry automatic expulsion from the Company and will preclude the offender from taking part in any Company organised activity in an official capacity. 

The Company will in all cases comply with the requirements of the Governing body including immediate notification of the police where required.

  1. Appeals

If an appeal of the decision or penalty is to be made then written notice of appeal by way of 1st class recorded delivery to the Company Secretary must be given by the offender, within 28 days of being notified of the decision. No appeal will be valid or considered after that period has elapsed. It will not be sufficient to state “I wish to appeal”, the offender must give full written grounds for the appeal, stating exactly what is being appealed against and the reasons for this. An appeal together with a full and recorded argument may be considered relative to: –

  • The decision
  • The penalty
  • Other

An appeal hearing will be convened as soon as practicable and will consist of 3 Directors who did not take part in the first hearing.  One of the Directors will be appointed as Chairman of the hearing, who will have the casting vote

New evidence cannot be presented at the appeal hearing. The Appeal Directors shall have power to amend or revoke any decision made at the previous disciplinary hearing.

The decision of the Appeal Directors is final and binding on the parties and not subject to further appeal.