SHARNBROOK GOLF CLUB DISCIPLINARY REGULATIONS
JURISDICTION AND DISCIPLINARY MATTERS
1.1 These disciplinary regulations are made by Sharnbrook Golf Club in relation to any disciplinary matters which include without limitation the following:
1.1.1 alleged breaches of the Club Rules;
1.1.2 alleged breaches of the Rules of Golf, handicap infringements, disqualifications and any breach of the rules of a Club Tournament; and
1.1.3 any matter in which a Member engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is unacceptable or opposed to the general interests of the Club or the sport of golf or which brings the Club into disrepute.
1.2 The Regulations apply to all Members and [playing visitors] of the Club.
1.3 The Regulations may be amended by Sharnbrook Golf Club at any time and at its sole discretion and such amendments shall be effective from the date stated.
1.4 Disciplinary proceedings shall be commenced against a Member in accordance with the Regulations where the Disciplinary Secretary receives a Notice of Complaint or where he/she becomes aware of a disciplinary matter referred to in Regulation 1.1 above.
1.5 In the event that the Disciplinary Secretary is involved in a disciplinary matter, either as Complainant or Respondent then the matter shall be referred to Club Committee who shall appoint a new Disciplinary Secretary for that matter.
1.6 As a general rule the Disciplinary Secretary, where considered appropriate and in its sole and absolute discretion, may deal with a disciplinary matter in an informal manner, however, should the Disciplinary Secretary, in its sole and absolute discretion, deem a matter to be sufficiently serious it may commence formal disciplinary proceedings these Regulations shall apply. Where the matter is to be dealt with on an informal basis it may be dealt with by the most appropriate person or body of the Club.
NOTICE OF COMPLAINTS
2.1 A Notice of Complaint may be lodged with the Disciplinary Secretary by any person or body which shall include without limitation, another Member, an employee/officer of Sharnbrook Golf Club, the Committee, or a member of the public, in relation to an alleged disciplinary matter which is referred to in Regulation 1 above.
2.2 The Notice of Complaint shall be made in writing as soon as practicable but no later than 28 days following the alleged incident (or knowledge of the incident by the Complainant) and shall set out details of the Complaint including, where applicable, the specific Club Rule, Competition Rule or Regulation which is alleged to have been breached by the Respondent.
3.1 On receipt of the Notice of Complaint or otherwise becoming aware of an alleged disciplinary matter regarding a Member, the Disciplinary Secretary shall within 14 days appoint the Club Captain to;
3.1.1 commence an initial investigation into the matter to gather information and evidence. The Captain should decide if this is a matter that he/she can deal with without the need of referring to the Disciplinary Secretary. Should the matter be deemed to be of a more serious nature it would then be referred to the Disciplinary Secretary in order to conduct a more thorough and in depth investigation.
3.1.2 forward a copy of the Notice of Complaint to the Respondent and invite a written response. The Respondent will have 14 days in which to respond.
3.1.3 undertake any further investigation deemed appropriate in order to ascertain the best course of action to resolve the Complaint or commence disciplinary action against the Respondent.
3.2 In the event of the Respondent failing to accept the decision of the Club Captain the matter should then be referred to the Disciplinary Secretary for further action and the Club Captain should take no further part in proceedings.
3.3 Upon completion of the steps set out in Regulation 3.1 the Disciplinary Secretary may decide that no further action is required in which case the Disciplinary Secretary shall notify the Respondent and the Complainant in writing explaining the reasons why the Complaint has been dismissed, for example:
3.3.1 It does not fall within the authority of the Club.
3.3.2 There is insufficient evidence to justify further action being taken.
3.3.3 It is vexatious and/or malicious in which case the Complainant’s actions may be referred to the Committee for further consideration.
3.4 The Committee may deal with the matter informally by way of advice, information or mediation between the respective parties or refer the matter to the Disciplinary Committee to be constituted in accordance with Regulation 4. This should be done as soon as is practicable, the Disciplinary Secretary shall inform the Complainant and the Respondent of the course of action taken.
3.5 If the Respondent accepts the Charge then the matter shall be referred to the Disciplinary Committee for a hearing to determine the sanction and the Respondent shall only be granted leave to appeal on the ground that the sanction imposed was disproportionate to the circumstances of the case.
3.6 If the Respondent denies the Charge then the matter shall be determined at a hearing of the Disciplinary Committee in accordance with Regulation 4 below.
4.1 The Club shall establish a Disciplinary Committee consisting of  members who are appointed by Committee. The Committee shall have jurisdiction to conduct disciplinary hearings and impose sanctions upon those persons who are subject to a Charge.
4.2 The Committee shall elect one of its members to act as Chair. The members of the Disciplinary Committee including the Chair shall serve a term of one year after which time they will either be re-elected or replaced. If a member of the Disciplinary Committee shall resign, [is no longer a Member], or otherwise becomes unable to perform his/her duties on the Disciplinary Committee, the Committee shall have the power to appoint another member in his/her place. Each member of the Disciplinary Committee must have no personal interest in the outcome of proceedings (other than to see that the decision is fair) and have no previous knowledge or involvement with the matter under consideration.
4.3 In the event that a matter is referred to the Disciplinary Committee and a member of the Disciplinary Committee either declares an interest or is deemed to have an interest by the Disciplinary Secretary or Council, then such person shall be replaced on the Disciplinary Committee for that matter only. The Disciplinary Secretary and/or Committee in assessing whether a member of the Disciplinary Committee has an interest in the outcome of proceedings shall give due consideration to any objections raised by the Respondent.
DECISION AND AVAILABLE SANCTIONS
5.1 The Disciplinary Committee shall either communicate its decision to the parties at the end of a hearing or notify its decision in writing as set by the Disciplinary Committee. The Disciplinary Committee may dismiss the Complaint against the Respondent or where a disciplinary matter is found proven impose such sanctions upon the Respondent as it thinks fit including without limitation.
5.2 The disciplinary committee may dismiss the case where the Charge is not proven, issue a warning or reprimand in respect of the misconduct or rule breach committed, issue a suspension or exclusion from Club activities including Club Tournaments, teams, meetings or otherwise, prevent the respondent from holding office within the Club for a specified or indefinite period of time, suspend the member’s membership for a specified period or expel the person from any involvement with the club.
5.3 A combination of any of the above or any other disciplinary action as considered appropriate by the Disciplinary Committee.
5.4 The decision taken by the Disciplinary Committee in relation to the sanction to be imposed must be reasonable and proportionate in all circumstances and consideration may be given to the Respondent’s previous disciplinary record.
DISCIPLINARY MATTERS INVOLVING YOUNG PERSONS OR ADULTS AT RISK OF HARM
6.1 Where a disciplinary matter involves a Young Person or an Adult at Risk of Harm, the Club, the Disciplinary Committee and/or Appeal Committee must be mindful of the needs of the person in question and take these into account when deciding the format of proceedings and whether any action is taken against such a person. The panel should include at least one member who has received safeguarding training and should decide whether any standard directions set out in these Regulations should be varied.
6.2 Written permission should be obtained from any parent/carer of a Young Person or Adult at Risk of Harm where such person is asked to provide evidence and / or attend a hearing.
6.3 Where a Young Person or Adult at Risk of Harm is asked to attend a hearing, they shall be afforded the opportunity to do so accompanied by any parent/carer and the Disciplinary Committee shall make sure that the Young Person or Adult at Risk of Harm fully understands the process taking place.
6.4 For the avoidance of doubt, the refusal of the parent, Young Person or Adult at Risk of Harm to co-operate shall not preclude Sharnbrook Golf Club from taking disciplinary action against the Young Person or Adult at Risk of Harm.
7.1 Should an Appellant wish to appeal a decision of the Disciplinary Committee, the Appellant must lodge the appeal to the Club Secretary in writing within 14 days of the decision being notified to the Respondent.
7.2 The Appellant must set out the grounds of appeal in as much detail as possible including the nature of any new evidence he/she seeks to rely upon which may be considered by the Appeal Committee if deemed appropriate.
8.1 The Club shall establish an Appeal Committee consisting of  members who are appointed by Committee.
8.2 No member of the Appeal Committee shall have any interest or any previous involvement in a disciplinary matter which is to be considered by the Appeal Committee nor be a member of the Disciplinary Committee.
8.3 In the event that a decision is appealed to the Appeal Committee and a member of the Appeal Committee either declares an interest or is deemed to have an interest by the Disciplinary Secretary and/or Committee, then such member shall be replaced on the Appeal Committee for that matter only.
8.4 The Appeal Committee may overturn any finding and any sanction imposed by the Disciplinary Committee, remit the matter for a re-hearing by the Disciplinary Committee, substitute an alternative finding, reduce or increase the original sanction; and/or make such further order as it considers appropriate.
8.5 The Appeal Committee may hear an appeal by way of oral hearing or consider the appeal based on written submissions received from the Respondent and the Club / Complainant as appropriate. Where an appeal is considered by way of written submissions then the Appellant’s consent must be received in writing prior to such consideration. Where an oral hearing is agreed the Respondent may choose to be accompanied by a friend or representative.
8.6 The Appeal Committee shall determine at its absolute discretion and on a case by case basis, whether an appeal of a Disciplinary Committee decision shall be by way of review only or a full re-hearing of all the evidence presented to the Disciplinary Committee.
8.7 The procedure for an Appeal Hearing shall be flexible and shall be at the discretion of the Chair of the Appeal Committee, who may make such decisions as necessary to ensure the orderly and effective conduct of the hearing, subject to the overriding requirement of fairness. The Chair of the Appeal Committee will then outline the basic procedure of the Hearing.
8.8 The Appeal Committee shall either communicate its decision to the Appellant at the end of a hearing or it shall be notified in writing.