Scottish Croquet Association

In the following policy, Member will refer to any Associate, Affiliate, Junior, or Affiliated Club member of the SCA.

1. If a Member believes that they have been adversely affected by the conduct of another Member which is in breach of the Association's Constitution, Tournament Regulations, Adopted Policies, or which is injurious to the character or interests of the Association, they should first attempt to resolve the matter informally, failing which they may lay a complaint before a Grievances and Disciplinary Panel by following the procedure set out in Section 5. A Grievances and Disciplinary Panel shall not consider any matter that it decides should be the sole concern of an Affiliated Club.
2. If a Member believes that they have been adversely affected by maladministration by the SCA Executive, its Committees or Officers, they should first attempt to resolve the matter informally, failing which they may appeal against it by following the procedure set out in Section 5. It is a condition of membership of the Association, for both individuals and clubs, that this procedure, which includes provision for arbitration, is their sole remedy against the Association.
3. If the SCA Executive, its Committees or Officers, believes the conduct of a Member to be in breach of the Association’s Constitution, Tournament Regulations, or Adopted Policies, or which is injurious to the character or interests of the Association, it should first attempt to resolve the matter informally, failing which it may refer the matter to a Grievances and Disciplinary Panel under the procedure set out in Section 5.
4. The SCA Executive may appoint Grievances and Disciplinary Panels consisting of three people who shall be members of the Executive or Associates, and Appeals Panels consisting of three people who shall be current and past SCA Officers and if necessary other Associates.
5. The procedures that any of the parties named in Sections 1, 2 and 3 may invoke, and the consequences that follow, are as given below and as provided for in any procedural guidelines the SCA Executive may authorise:
   • Complainants: Complainants should inform the SCA Secretary in writing about the complaint or matter in dispute giving details of the specific instance(s) of an alleged breach of the Association’s Constitution, Laws or Regulations, Adopted Policies, or conduct that is alleged to be injurious to the character or interests of the Association.
   • Grievances and Disciplinary Panels: panels shall have the power to make declarations, issue warnings, exclude players, teams or clubs from selection or participation in certain events, suspend or terminate membership of the Association. If membership of the Association is terminated all subscriptions paid by the member shall be forfeited.
   • Appeals Panels: Any of the parties concerned, or the SCA Executive itself, may refer the decision of a Grievances and Disciplinary Panel to an Appeals Panel by informing the SCA Secretary in writing of the matter that is the subject of the appeal. Appeals Panels may also consider written complaints alleging one or more specific instances of maladministration detrimental to the complainant, or complaints about the decisions of the Association’s Officers or Committees. Any reference to an Appeals Panel must be made within three months of the original decision of the Grievances and Disciplinary Panel.
     Appeals Panels shall have the power to uphold or vary the findings and decisions in the case of a disciplinary appeal, and to make recommendations to Council in the case of an administrative appeal.
   • Arbitration: If complainants are dissatisfied with the way in which the decision of the Appeals Panel has been reached they undertake to agree to binding arbitration by the Sports Disputes Resolution Panel Limited, 1 Salisbury Square, London, EC4Y 8AE, trading as Sports Resolutions UK.

6. Where the Scottish Croquet Association takes disciplinary action to remove a member of staff/volunteer from regulated work as a result of harmful behaviour towards a child, then they have a duty to refer the member of staff/volunteer to Disclosure Scotland so that consideration can be given to whether that individual should be barred from any kind of regulated work with children. Without this duty there would be no way of preventing individuals moving undetected to other organisations where they may continue to pose a risk.

   The Protection of Vulnerable Groups (Scotland) Act 2007 stipulates that organisations must refer to Disclosure Scotland the case of any member of staff/volunteer who (whether or not in the course of their role within the organisation) has:

   • harmed a child
   • placed a child at risk of harm
   • engaged in inappropriate conduct involving pornography
   • engaged in inappropriate conduct of a sexual nature involving a child, or
   • given inappropriate medical treatment to a child.

   AND as a result:

   1. The Scottish Croquet Association has dismissed the member of staff/volunteer.
   2. The member of staff/volunteer would have been dismissed as a result of the incident had they not resigned, retired or been made redundant.
   3. The Scottish Croquet Association has transferred the member of staff/volunteer to a position in The Scottish Croquet Association which is not regulated work with children.
   4. The member of staff/volunteer would have been dismissed or considered for dismissal where employment or volunteer role was not due to end at the expiry of a fixed term contract; or,
   5. The member of staff/volunteer would have been dismissed or considered for dismissal had the contract not expired.

   The Scottish Croquet Association will also refer the case of a member of staff/volunteer where information becomes available after the member of staff/volunteer has:

   • been dismissed by The Scottish Croquet Association
   • resigned, retired or been made redundant
   • been transferred to another position in The Scottish Croquet Association which is not regulated work with children;
   • and, where The Scottish Croquet Association receives information that a member of staff/volunteer who holds a position of regulated work has been listed on the Children’s List, the member of staff/volunteer will be removed from the regulated work with children post.

   SPECIAL CONSIDERATIONS - SPEAKING TO CHILDREN DURING THE INVESTIGATIVE PROCESS OR AS PART OF A DISCIPLINARY HEARING

   In establishing the facts of any concern or complaint, it may be necessary to speak to a child or children who were involved in the alleged incident.

   In some circumstances, it would not be appropriate for the person conducting the investigation to speak to a child involved in the incident. In particular, if the nature of the concerns suggests a criminal offence has occurred or that a child may have been abused, then it is the job of specially trained and competent police officers and social workers to interview the child.

   If there is any doubt as to whether it is okay to speak to a child, advice should firstly always be sought from the police or social work services.

   In cases where the nature of the complaint or concern is such that the police or social work services are not involved, careful consideration should still be given before approaching children to give information as part of the initial investigation process or as part of a disciplinary hearing.

   Parties should decide whether it is absolutely necessary for the child to be involved in a disciplinary hearing.

   These considerations should be balanced against the need to ensure the member of staff/volunteer has a fair hearing.