3.8 Discipline Process

Disciplinary matters shall be investigated and heard according to the following process and in accordance with Bylaw #1, paragraph 49 "Suspension, Expulsion or Disciplinary Action"

Initial Phase – Written Account
Disciplinary actions shall only be initiated when a written account of an alleged violation of the Club bylaws or policies has been submitted to the Chair of the Discipline Committee (the Committee). The written account should generally be submitted within 10 days of the incident and must include when and where the alleged violation occurred and the members and/or employees who were involved. Those submitting a report are encouraged to include also as much detail as possible about the circumstances surrounding the alleged violation, the specific actions and words of those involved and the consequences and follow-up after the alleged incident.

Initial Phase – Investigation
When a written account is submitted to the Committee, a member of the Committee shall be assigned primary responsibility (i.e., designated member) for investigating the incident. This initial investigation shall occur as soon as reasonable and shall include contacting:

the person who has submitted the written report,
the member whose conduct is in question, and
any other members or employees who may have been present or have direct knowledge of the incident.

A written summary of the results of this investigation shall be submitted by the designated member to the Committee for its consideration.

Initial Phase – Discipline Committee Decision
After reviewing the investigation report, the Committee shall decide what further action is required. The severity of the alleged incident in terms of harm to the Club and its employees and the enjoyment of its members shall play a central role in the action taken by the Committee. As well, if the facts surrounding the incident are not in dispute, this may affect the action decided by the Committee.

In the case of:

a minor infraction,
where the facts are not in dispute
where the member whose conduct has led to the investigation does not have a prior history of disciplinary violations,
where the member whose conduct has led to the investigation admits responsibility for the incident,
where the member whose conduct has led to the investigation agrees to submit a letter of apology, and
where the offended employee(s) and/or member(s) is/are satisfied that a letter of apology is adequate to resolve the issue,

the Committee may decide to close its investigation after a satisfactory letter of apology has been submitted to those offended by the conduct. In this case, a written summary of the incident and the disciplinary process followed including the initial written account, the investigation summary, a copy of the letter of apology and a summary of the final resolution shall be included in the member's personal file. No further action shall be required at this point.

In the event that the Committee does not decide that an immediate resolution of the incident is possible, a discipline hearing shall be convened. The procedures and events leading up to and following a disciplinary hearing are outlined following.

Committee Hearing Procedure
The Committee may decide to hold a disciplinary hearing to resolve discipline matters. All disciplinary hearings shall adhere to the following procedures. An overriding concern of the Discipline Committee in conducting the hearing shall be to minimize the potential for the good relationships generally present within the Club to be jeopardized by the disciplinary process.

Committee Hearing Procedure - Notice
Notice of the hearing shall be provided to those involved in the incident at least 10 days prior to the hearing. Notices sent by e-mail to the e-mail address on record at the Club and/or sent by regular mail to the address on record at the Club and/or by personal communication either by phone or in person shall be deemed adequate notice. Where notice is given personally, the person giving the notice should document that conversation and include a copy of their notes with the written material included at the hearing.

The notice shall include details of the date and location of the alleged incident, the general nature of what is alleged to have occurred and the harm that the alleged conduct has caused. The notice shall indicate the time and location for the disciplinary hearing and shall make reference to the bylaws and policies that shall guide the conduct of the hearing.

Committee Hearing Procedure – Rules of Evidence
The Committee shall hear and consider various forms of evidence as part of the hearing. Included in the evidence shall be:

All written accounts of the incident that have been submitted to the Club,
The written investigation summary prepared by the designated member, and
The personal file of the member whose conduct has led to the investigation (i.e., the alleged violator).

The alleged violator shall be provided with a copy of the investigation summary and shall have access to his/her personal file with the exception of any written accounts that may have been submitted relating to previous incidents. The alleged violator also shall not have access to written accounts by other members and/or employees concerning the incident in question. This extraordinary exception is required to reduce the potential for confrontation among members and/or employees when disciplinary issues are being resolved.

The Committee may decide to make other evidence available to the alleged violator where doing so will not jeopardize the good relationships generally present within the Club.

Committee Hearing Procedure – The Hearing
The Committee shall allow the alleged violator to present his or he case at the hearing. This may include the alleged violator:

Submitting written evidence,
Having other members who were present when the alleged incident occurred appear and present their views of what occurred,
Making a summary oral submission on what the findings of the Committee should be and what penalty, if any, is appropriate.

The alleged violator may choose to have legal counsel or an agent present to present his or her case.

Committee Hearing Procedure – The Decision
On conclusion of the hearing of the evidence and submissions, the Committee shall render its decision. The decision may be issued orally at that time. In any event, a written decision shall be issued shortly thereafter. Reasons for the Committee’s decision may be included. This shall be at the discretion of the Committee.

A written summary of the hearing process and the decision of the Committee shall be prepared. A copy shall be provided to the alleged violator and to those who prepared written accounts of the incident. A copy of the summary shall also be filed in the alleged violator’s personal file.

In the event that the Committee decides that the severity of the sanction required exceeds its authority, the Committee may choose to make recommendations for a more severe sanction as permitted by Bylaw #1 and to refer the matter to the entire Board. The procedures for such a referral are addressed following.

Committee Hearing Procedure – Appeal Procedure
Decisions of the Committee can be appealed to the entire Board by the alleged violator, the member(s) and/or employee(s) who have submitted a written account of the alleged incident or by those who have been harmed by the alleged incident. The procedures for an appeal shall be the same as those for a referral by the Committee to the entire Board. Any application for an appeal must be submitted to the Secretary of the Board of Directors within 14 days of the issuance of the Committee’s decision.

No decision shall come into effect when an appeal is pending.

Appeal Hearing Procedure – Notice
Notice of the hearing shall be provided to those involved in the incident at least 10 days prior to the hearing. Notices must be sent by registered mail to the address on record at the Club.

The notice shall include details of the date and location of the alleged incident, the general nature of what is alleged to have occurred and the harm that the alleged conduct has caused. The notice shall indicate the time and location for the discipline hearing and make reference to the bylaws and policies that shall guide the conduct of the hearing.

Appeal Hearing Procedure – Rules of Evidence
The Board shall hear and consider various forms of evidence as part of the hearing. Included in the evidence shall be:

All written accounts of the incident that have been submitted to the Club,
The written investigation summary prepared by the designated member,
The personal file of the alleged violator, and
The written findings and recommendations of the Committee.

The alleged violator shall be provided with a copy of the investigation summary and the written findings and recommendations of the Committee and shall have access to his/her personal file with the exception of any previous written complaints that may have been submitted relating to previous incidents. The alleged violator also shall not have access to written accounts by other members and/or employees concerning the incident in question. This extraordinary exception is required to reduce the potential for confrontation among members and/or employees when discipline issues are being resolved.

The Board may decide to make other evidence available to the alleged violator where doing so will not jeopardize the good relationships generally present within the Club.

Appeal Hearing Procedure – The Hearing

Board hearings are not de novo. The scope of Board hearings shall be limited to the following unless the Board otherwise decides.

The alleged violator may:

Request to submit new evidence not considered by the Committee in its hearing. If this is the case, the alleged violator shall provide a written submission to the Board outlining why the evidence was not presented at the Committee hearing and why it should be permitted to be presented at this time. The Board may choose to hear this new evidence or to deny its presentation.
Offer an alternate interpretation of the evidence presented at the Committee hearing.
Recommend that an alternate sanction other than that recommended by the Committee is appropriate.
Make a summary oral submission on what the findings of the Board should be and what penalty, if any, is appropriate.
Submit within 7 days after the Board hearing, a summary written submission on what the findings of the Board should be.

The alleged violator may choose to have legal counsel or an agent present to present his or her case.

The alleged violator shall not be able to call as a witness those alleging the incident. Likewise, the alleged violator shall not be given an opportunity to cross-examine those alleging the incident. The Board may chose to ask those alleging the incident to appear and to describe verbally what occurred. If such witnesses are called, the evidence shall be presented in the absence of the alleged violator or his/her representative. These extraordinary exceptions are required to reduce the potential for confrontation among members when disciplinary issues are being resolved.

The three members of the Committee shall not participate in the Board hearing as Board members, including not voting on the discipline action to be taken. The designated member of the Committee responsible for investigating the incident shall present to the Board the findings of the investigation, the reasons for the Committee’s decision or recommendation and shall answer any questions from the other Board members concerning the incident and the investigation.

Appeal Hearing Procedure – The Decision
On conclusion of the hearing of the evidence and submissions, the Board shall render its decision. The decision may be issued orally at that time. In any event, a written decision shall be issued shortly thereafter. Reasons for the Board’s decision may be included. This shall be at the discretion of the Board.

A written summary of the hearing process and the decision of the Board shall be prepared. A copy shall be provided to the alleged violator and to those who prepared written accounts of the incident. A copy shall also be filed in the alleged violator’s personal file.

The scope of the disciplinary actions available to the Board is set out in Bylaw #1. The decision of the Board is final and cannot be appealed except as provided for in Bylaw #1.

Contact with Accuser(s)
Once a disciplinary process has been initiated, the alleged violator shall not communicate with those alleging an incident (i.e., accusers) regarding the facts of a disciplinary incident or the findings of a disciplinary hearing. Likewise, the alleged violator shall not encourage or direct other members, employees or his/her counsel or agent to contact his/her accuser(s) once this disciplinary process has been initiated. The alleged violator must channel all inquiries and challenges of the facts or findings through the Committee or the Board as the case may be. Alleged violators are encouraged to avoid contact generally with accusers when a disciplinary process is underway.

Effective Date of Decisions
Any decision reached as a result of a disciplinary process shall take effect 10 days following the issuing of the decision by the Committee or the Board as the case may be.