Clubs and club committees by Cycling Victoria

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Clubs and Club committees

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Disputes, Complaints and Disciplinary Issues guide for Clubs 1. BEST PRACTICE TIPS – HOW TO PREVENT DISPUTES AND COMPLAINTS Prevention is always better than a cure. Disputes and complaints are an administrative and financial burden on Clubs and are best addressed proactively by creating a supportive and positive Club environment and promoting the highest standards of conduct. The following is a checklist of suggested best practice for your Club. All members are provided information and access to all Club, Cycling Victoria and Cycling Australia rules and policies, as well as Cycling Victoria’s Proper Conduct, Making a Complaint and Complaints and Disciplinary Procedures – Defending a Complaint guides. Rules, policies and guides are easily accessible to all members. Long-term or senior members of the Club uphold the highest standards of behaviour, create a respectful Club environment and demonstrate to other members how to promote fairness, integrity and professionalism. Conflicts between members and conduct that does not comply with these standards is always addressed with members respectfully, calmly, quickly and effectively, before it escalates, and in a manner that provides everyone with an opportunity to be heard. Proven, unacceptable conduct is always subject to disciplinary action and all members believe that the Club takes disputes and complaints seriously. The Club recognises that turning a blind eye or favouritism will undermine morale and confidence in the Club, and will lead to reduced reporting and whistleblowing. Possible sources of, or occasions for, conflict or improper conduct are recognised and preemptively addressed by discussing conflict management and proper behaviour with members in advance. Regular training sessions are conducted and dialogue is opened up so that long-term and new members know what is and is not acceptable conduct and how to prevent and resolve disputes.

2. DISPUTE HANDLING STEPS If a dispute or complaint involves two members of your Club or relates to an incident at a local event the dispute or complaint should be initially handled at Club level in accordance with this guide and the relevant rules and policies.

Please note: at Club level, this guide summarises the model Club Rules. If your Club has adopted a separate set of rules, you must separately comply with the complaint handling and disciplinary hearing procedure in your Club’s rules.

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A. Step 1: Resolution between members Members will, if reasonable and appropriate, initially talk between themselves to attempt to resolve the problem, as set out in your Club Rules and Cycling Victoria’s Proper Conduct, Making a Complaint and Complaints and Disciplinary Procedures – Defending a Complaint guides.

B. Step 2: Contact with a member of the Club Committee If a member has been unable to resolve a dispute with another member, or if a member is seeking guidance on how to resolve a dispute, they will contact your Member Protection Officer or Club Committee for assistance.

C. Step 3: Plan how to approach the dispute After speaking with your Member Protection Officer or Committee, the member may decide:

i. there is no problem; ii. the problem is minor and they do not wish to take the matter forward; iii. to try and resolve the problem themselves, with or without a support person and/or the assistance of the Committee; iv. to resolve the problem with the help of someone impartial, such as a mediator; v. to resolve the matter through a formal process (see Section 3 below).

D. Mediation Any mediator appointed by the Club must be impartial and without any personal interest in the dispute and chosen by agreement of the parties. Mediation must be confidential and without prejudice to the rights of the parties. Mediation should not determine a dispute but should provide each party with an opportunity to be heard, allow due consideration of any written statements submitted by the parties, ensure natural justice is accorded to all parties and encourage mutually agreed outcomes. For matters involving disciplinary action, mediation may occur before or after a formal investigation of a complaint. Mediation will not be suitable if the matter involves serious allegations. For further information, see Cycling Victoria’s Disciplinary Hearings guide and rules 27-31 of your Club Rules, rules 30-34 of the Cycling Victoria Incorporation Association Rules and clause 7 and Part D of the Cycling Australia National Member Protection Policy. For support on Mediations the Department of Justice or Cycling Victoria can provide assistance with trained mediators.

3. COMPLAINT AND DISCIPLINARY PROCEDURE STEPS Please see Cycling Victoria’s Disciplinary Hearings guide for a step-by-step guide on handling general disciplinary matters and breaches of technical regulations at Club level.

4. GUIDANCE ON WHEN TO ESCALATE A MATTER BEYOND CLUB LEVEL Where there is a dispute between two members of your Club or a member of your Club has

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breached rules and/or policies at a local event, you are required to resolve the matter at your Club through the appropriate procedures, unless:

i. the matter requires the immediate external referral to Cycling Australia (Doping or Gambling & Integrity) , the police or another external authority; ii. the dispute or complaints also involves a member of a different Club; iii. the breach of rules and/or policies is not an isolated incident and there has also been a breach by the same member at state and/or national events; or iv. a disciplinary decision at Club level has been appealed through in accordance with appeal procedures to Cycling Victoria level.

5. GUIDANCE ON HANDLING PERSONAL INFORMATION DURING A COMPLAINTS PROCESS In the interests of procedural fairness, it is necessary to record and provide full details of a complaint to the member against whom the complaint has been made and ask for their response. In order to encourage complainants to come forward and to conduct proper dispute and complaint procedures the Club may need to:

i. develop and provide its members with a clear privacy policy; ii. advise members that personal details will remain confidential (unless it is subject to a freedom of information request); iii. ensure that personal information is kept confidential and protected from misuse, interference and loss, and from unauthorised access, modification or disclosure by setting up clear and robust procedures for handling information; and iv. develop a policy that implement measures, practices and procedures to reduce risks of disclosure of personal information. When handling personal information your Club should ensure that it:

i. only collects personal information that it requires; ii. takes reasonable steps to protect the personal information it holds from data breaches by; a. identifying all the ways that a breach may occur; b. maintaining security, including physical, computer/network and communications security; c. training members on information security procedures; d. appointing a responsible person (or position) in relation to information security; and e. monitoring compliance with information security policies and procedures; iii. responds appropriately to data breaches that do occur by: a. containing any breach; b. evaluating how it occurred and the effects of it; c. notifying individuals who are or may be affected by a data breach; and d. preventing further breaches; and iv. destroys any personal information that it no longer needs to keep on record.

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Flowchart on disputes, complaints and disciplinary procedures

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Start

Did the incident involve: discrimination, harassment, bullying, inappropriate behaviour, or misuse of social media? Yes Was the incident at a Club event?

Was the incident at a state or territory event?

Yes

Was the incident at a national event?

Yes

The matter will initially be dealt with at Club level

Yes

The matter will initially be dealt with at Cycling Victoria level

The matter will initially be dealt with at Cycling Australia level

STEP 1: COMPLAINT IS FORMALISED

Mediation

Resolved?

Mediation

Yes

End

Resolved?

Mediation

Yes

End

Warning, suspension or fine

Resolved? No

Yes

Resolved? No

Investigation

Yes

End

Warning, suspension or fine

End

Resolved?

Yes

Warning, suspension or fine

End

Resolved? No Investigation

Yes

End

Cycling Victoria

Resolved?

Yes

End

Resolved?

Mediation

Resolved?

Yes

End

Resolved?

Yes

End

Resolved?

Hearing

Resolved?

Yes

End

Resolved?

Yes

End

External referral

Resolved?

Yes

End

No External referral

RELEVANT RULES, POLICIES AND PROCEDURES Club Level

Cycling Victoria Level

National Level

yy Club Rules

yy Cycling Victoria Codes of Conduct

yy Cycling Australia National Member Protection Policy

yy Cycling Victoria Incorporated Association Rules

yy Cycling Australia By-Laws

yy Cycling Victoria By-Laws

yy Social media: Cycling Australia National Member Protection Policy

yy Cycling Victoria Incorporated Association Rules yy Cycling Victoria By-Laws

yy ‘Cycling Victoria Social Media Policy’

yy Cycling Australia Constitution

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Start

Did the incident involve doping? Yes

STEP 1: COMPLAINT IS FORMALISED Investigation and disciplinary hearing and appeal (ASADA)

RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia Anti-Doping Policy and yy the World Anti-Doping Code.

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Start

Did the incident involve integrity and gambling? Yes

The matter will initially be dealt with at Cycling Australia level

STEP 1: COMPLAINT IS FORMALISED

Investigation

Resolved?

Yes

End

No Hearing

Resolved?

Yes

End

No External referral

RELEVANT RULES, POLICIES AND PROCEDURES yy Cycling Australia National Policy on Integrity and Gambling

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Start

Did the incident involve breach of technical regulations? Yes

Was the incident at a Club event?

Was the incident at a state or territory event?

Yes

Was the incident at a national event?

Yes

The matter will initially be dealt with at Cycling Victoria level

The matter will initially be dealt with at Club level

The matter will initially be dealt with at Cycling Australia level

STEP 1: COMPLAINT IS FORMALISED

Hearing

Resolved?

Hearing

Yes

End

Resolved?

Hearing

Yes

End

External referral

Resolved?

External referral

RELEVANT RULES, POLICIES AND PROCEDURES Club Level

Cycling Victoria Level

National Level

yy Club Rules

yy Cycling Victoria Technical Regulations

yy Cycling Australia Technical Regulations

yy Cycling Victoria By-Laws

yy Cycling Australia By-Laws

yy Cycling Victoria Technical Regulations yy Cycling Victoria By-Laws yy Cycling Victoria Incorporated Association Rules

yy Cycling Victoria Incorporated Association Rules

Yes

End

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Start

Is the matter a dispute between you and another member (that is not a disciplinary issue)? Yes Does the dispute involve two members of the same Club? Yes

Does the dispute involve two members from different Clubs?

Does the dispute involve members from different states and territories?

Yes

The dispute should be handled at Club level

Yes

The dispute should be handled at Cycling Victoria level

The dispute should be handled at Cycling Australia level

STEP 1: RESOLUTION BETWEEN PARTIES STEP 2: COMPLAINT IS FORMALISED STEP 3: MEDIATION STEP 4: EXTERNAL REFERRAL RELEVANT RULES, POLICIES AND PROCEDURES Club Level

Cycling Victoria Level

National Level

yy Club Rules

yy Cycling Victoria Incorporated Association Rules

yy National Member Protection Policy

yy Cycling Victoria Incorporated Association Rules

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Pro-forma procedural records and letters

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1. RECORD OF INFORMAL COMPLAINT Name of person against whom complaint is made Complainant’s name and age

Date:

Over 18 Under 18

Contact information for complainant Role/status

Administrator (volunteer) Parent Athlete/player Spectator Coach/Assistant Coach Support Personnel Employee (paid) Other Official …………………………………………

Location/event of alleged issue Facts as stated by complainant

Nature of complaint (category/basis/grounds)

Tick more than one box if necessary

Harassment Discrimination Dispute Coaching methods Verbal abuse Physical abuse Bullying Misuse of social media o Inappropriate behavior Gambling Other ……………………………………………………………… …….………………………………………………………………….

What does complainant want to happen to resolve the issue? What information has the complainant provided? What is the complainant going to do now?

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2. RECORD OF FORMAL COMPLAINT Name of person against whom complaint is made Complainant’s name and age

Date:

Over 18 Under 18

Contact information for complainant Role/status

Administrator (volunteer) Parent Athlete/player Spectator Coach/Assistant Coach Support Personnel Employee (paid) Other Official …………………………………………

Location/event of alleged issue Facts as stated by complainant Nature of complaint (category/basis/grounds)

Tick more than one box if necessary

Formal witnesses to be called by complainant

What does complainant want to happen to resolve the issue? What information has the complainant provided? What is the complainant going to do now?

Summary of evidence/testimony:

Witness no: 2 and contact information:

Summary of evidence/testimony:

Witness no: 3 and contact information:

Summary of evidence/testimony:

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3. HEARING NOTICE LETTER [Secretary name] Committee Secretary [Club name] [Club address] [date – which must be 14 and 28 days before the disciplinary hearing] [Respondent’s name] [Respondent’s address] Notice of disciplinary hearing Dear [Respondent’s name] It has come to the attention of the [Club name] that you have engaged in conduct that constitutes [state the grounds for the proposed disciplinary action] on [date] at [location/ event] which breaches [insert relevant rule or policy] (Breaching Conduct). If it is established that you did engage in the Breaching Conduct, the [Club name] proposed to take disciplinary measures against you. A disciplinary hearing has been convened on [date] at [location] at [time of the hearing] at which the Subcommittee will provide you with an opportunity to respond to the allegation(s) and consider disciplinary action. You may attend the disciplinary hearing and address the Subcommittee at that meeting in relation to the Breaching Conduct. You may also call witnesses to attend the hearing. Alternatively, you may provide a written statement to the Club Committee at any time before the disciplinary meeting. You are not entitled to bring a legal representative with you to the hearing. You must notify the Committee if you are unable to attend the hearing. Following the hearing, you will have a right to appeal the decision if you have grounds for appeal and you have had your membership rights suspended; been expelled from the Club or suspended from competitions, activities or events of the Club for a period of greater than four weeks; or been fined an amount greater than $250. Please consult the Club’s and Cycling Victoria’s rules and policies in relation to the Breaching Conduct and disciplinary proceedings before attending the hearing. Sincerely, [Secretary name] Committee Secretary

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Subcommittee pro-forma hearing agenda Hearing Agenda Subcommittee hearing held at [insert address] on [insert date and time] in relation to [matter] AGENDA Item 1

Who Preliminaries

Chair

1. Attendance confirmation 2. Full Subcommittee 3. Respondent 4. Complainant (if applicable) 5. witnesses 6. required guardians or support persons 7. Postponement (if applicable) 2

Complaint

Chair

1. Respondent agreement/ disagreement 3

Respondentâ&#x20AC;&#x2122;s reply

Respondent

1. Witnesses and evidence 2. Written statements 4

Cross-examination

Complainant

Complainantâ&#x20AC;&#x2122;s reply

Complainant

1. Witnesses and evidence 2. Written statements 6

Cross-examination

Respondent

Examination of evidence

Subcommittee

Deliberation

Subcommittee

Decision and disciplinary measures (if applicable)

Chair

1. Announcement or reservation (and written decision) 10

Hearing close

Chair

Attachment Timing

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