REGULATIONS
RECITALS
1.1 WHEREAS, the Society recognises that the power to discipline and expel members is necessary for the due administration and harmonious working of the Society. In furtherance of these goals, these Regulations will help promote a fair and consistent system in dealing with disciplinary matters and shall apply to all members and visitors of the Society.
INTERPRETATION
2.1 Unless the context otherwise requires, terms and expressions used in these Regulations shall have the same meanings as those in the Society’s Constitution.
2.2 In these Regulations:
2.2.1 “Appeal Committee” means the appeal committee appointed from time to time by the Committee comprising [3] persons drawn from past members of the Committee (none of whom shall be serving members of the active serving Committee);
2.2.2 “Respondent” means a person being a member or visitor of the Society who is subject to any disciplinary proceedings prescribed herein;
INVESTIGATION BY THE COMMITTEE
3.1 The Committee may resolve at any time to investigate the conduct of any member or visitor who appears to be in breach of any rules of the Society or appears to have acted contrary to the interests of the Society. If the Committee so resolves, the Committee shall investigate the facts as fully as is as is practicable in an expeditious manner.
3.2 If the Committee decides that there is a disciplinary case to answer it should notify the member of this in writing. The notification must contain sufficient information about the alleged misconduct of the member and the possible consequences so as to enable the member to prepare to answer the case at a disciplinary hearing. The notification will also give provide details of the time and venue of the disciplinary meeting and advise the member of his rights.
RESPONDENT’S RIGHTS
4.1 All Respondents shall have:
4.1.1 the right to be heard by an unbiased tribunal;
4.1.2 the right to have notice of the charges of misconduct; and
4.1.3 the right to be heard in answer to those charges.
DISCIPLINARY HEARING
5.1 The disciplinary hearing before the Committee shall be held without unreasonable delay while still allowing the Respondent reasonable time to prepare his or her case.
5.2 At the hearing, the Committee shall explain the complaint against the Respondent. The Respondent shall be allowed to present his or her case and answer any allegations that have been made against him or her.
5.3 If the Respondent fails to enter an appearance, the Committee may proceed to deal with the matter in the Respondent’s absence.
DECISION
6.1 In considering the facts of the case, the Committee shall act in good faith with due regard to the objects of the Society as prescribed in the Constitution. The Committee shall act in an impartial and unbiased manner. Any Committee member with a real possibility of bias shall be disqualified from participating in the decision and outcome of the disciplinary hearing.
6.2 The Disciplinary Tribunal may issue a decision at the disciplinary hearing and confirm it in writing. If no decision is made at the meeting, the Committee must decide as soon as possible after the meeting whether any disciplinary or other action is required and inform the Respondent accordingly.
PENALTIES
7.1 The penalties which may be imposed by the Committee shall be as follows.
7.1.1 a reprimand;
7.1.2 suspension from participating in any Society activity for a length of time decided by the Committee; and
7.1.3 expulsion from the Society.
7.2 No penalty shall take effect until the end of the period fixed for serving a notice of appeal and the service of a notice of appeal shall act to postpone the penalty until the notice of appeal is withdrawn or the appeal has been dealt with by the Appeal Committee.
APPEAL TO THE APPEAL COMMITTEE
8.1 There shall be a right of appeal against a finding or penalty imposed from the decision of the Committee to the Appeal Committee provided written notice of the appeal is received by the Secretary within [3] days from the date upon which the Committee’s decision is sent to the member.
8.2 The Secretary shall notify the member of the date of the hearing before the Appeal Committee which will be at least [14] days after the date of the notice.
8.3 The Appeal Committee may resolve to reject or accept the appeal in whole or in part or to vary the penalty imposed.
8.4 The member will be advised of the decision of the Appeal Committee in writing as soon as practicable.
MISCELLANEOUS
9.1 A copy of these Regulations shall be made available on the Society’s website.
