NCFCDSA Disciplinary Policy
This document is drafted in accordance with the existing Constitution of The
NCFCDSA and sets out the Disciplinary Policy
The purpose of this policy is to ensure that Members agree to be bound by the Constitution of the DSA which requires that the conduct of members is not prejudicial to the Objects of the DSA.
Definitions In This PolicyGovernance
“Member(s)” means a member(s) of the DSA.
“DSA Board Member(s)” means an elected Member(s) of the DSA.
“Co-opted Member(s)” means a person(s) who is/are a Member(s) and has/have been elected to the DSA Committee by the DSA Committee but not elected by the Members.
“Board Membership and Conduct Policy” Means a detailed set of Constitution and regulations of the DSA set out in a separate policy statement which includes the procedure which should be followed in all cases relating to DSA Board Members only.
“Disciplinary Offence” means a member has committed an Indictable Offence (as defined below at paragraph 3.6) or such act or deed which would adversely affect the reputation of the DSA in accordance with paragraph 5 below.
“Indictable Offence” means a criminal offence (other than a spent conviction as defined by the Rehabilitation of Offenders Act 1974) for dishonesty, fraud or dealing in drugs.
“Disciplinary Policy” means the terms and conditions laid out in this document.
“Constitution” means the Constitution and regulations of the DSA laid out in the separate Constitution document.
“Secretary” means the Secretary of the DSA.
“Chair” means the elected chair of the DSA committee.
“DSA” means Notts County Disabled Supporters’ Association.
“DSA committee” means the committee of the DSA including any Co-opted Members.
CO-OPTED DSA committee MEMBERS
Co-opted DSA committee Members may not serve on a disciplinary committee.
PROCEDURE
Where any Member is deemed by a majority of the DSA committee to have committed a Disciplinary Offence as defined in this document or has otherwise acted in a way which a majority of the DSA committee believe is in contrast to the spirit of this document and/or the Constitution, they shall be at liberty to constitute a Disciplinary Committee ("the Disciplinary Committee") to determine the facts relating to the
matter and take such measures as the Disciplinary Committee sees fit.
If the DSA Committee decides to constitute a Disciplinary Committee the Member(s) concerned may be suspended from membership of the DSA and shall not be entitled to vote nor attend general meetings for the period of suspension.
The Disciplinary Committee will consist of the then Chair and Secretary of the DSA Committee unless one or both is the subject of the disciplinary action, in which
case another member of the DSA Committee will be selected by the DSA Committee as Chair of the Disciplinary Committee.
In addition, up to 3 but no less than 2 other DSA Committee Members (who shall not be the subject of the disciplinary action) shall sit on the Disciplinary Committee.
The Chair of the Disciplinary Committee shall have the casting vote if necessary.
All members of the Disciplinary Committee shall treat its proceedings as confidential, unless the subjects of the hearing waive that right directly or violate the
confidentiality through making public comment about its proceedings.
The Disciplinary Committee shall meet as soon as is practicable (where possible within 7 days) after the DSA Committee Meeting which constituted the Disciplinary
Committee and shall invite the member concerned to attend or submit his/her version of events or mitigating circumstances.
The Disciplinary Committee shall act honestly and equitably in assessing the facts of the disciplinary case before it and may impose such sanction as it sees fit, including for example:
Expulsion;
further suspension to allow more facts to be gathered, after which time a further meeting of the Disciplinary Committee shall be held;
Censure; or Warning.
If appropriate the Disciplinary Committee may choose to impose no sanction.
If the member concerned fails to either attend or submit his/her version of events or mitigating circumstances as envisaged above, the Disciplinary Committee can proceed and make such inferences as it sees fit from such non-attendance or non-submission and the Disciplinary Committee meeting may proceed in the Member(s) absence.
Appeal
The Member(s) subject to the disciplinary hearing may appeal against the decision of the Disciplinary Committee within 7 days of being notified of the decision.
The appeal must be made to the DSA Secretary who shall contact The FSA (Football Supporters Association) who shall appoint an independent organisation whose decision will be binding on all parties.
The appeal will take place as soon as possible after the member concerned has requested it, and no later than 28 days following the date of receipt of the request for an appeal hearing.
As the independent organisation is independent of the DSA there will be no further right of appeal by any party.
Final Decision
The final decision will be communicated to members only after the conclusion of the appeal, or when the date for the lodging of an appeal has passed without such appeal being lodged.
The DSA Secretary will be responsible for communicating the decision, and no other members of the Disciplinary Committee shall make any comment about the proceedings publicly.
No member expelled from membership shall be re-admitted except by a special resolution of the DSA in a General Meeting.
The period of expulsion shall be determined by the elected Committee at the time of the policy breach