{"id":245,"date":"2019-01-05T02:19:43","date_gmt":"2019-01-05T02:19:43","guid":{"rendered":"http:\/\/www.tvivc.org.uk\/?page_id=245"},"modified":"2019-02-09T20:44:25","modified_gmt":"2019-02-09T20:44:25","slug":"dispute-guidance","status":"publish","type":"page","link":"https:\/\/www.tvivc.org.uk\/?page_id=245","title":{"rendered":"Dispute Guidance"},"content":{"rendered":"

AIVC’s Dispute Guidance<\/h1>\n

Preface<\/h2>\n

Following a number of dispute cases that had arisen in clubs and had been referred to AIVC for advice, the Committee agreed to seek legal advice on the Model Code of Conduct and Dispute Guidance on the website that was recommended to member clubs. The aim was \u00a0to bring them up to date and to make them clear and unambiguous.<\/p>\n

This Dispute Guidance document was adopted by Thames Valley IVC as an annex to the Constitution at the 2005 AGM.\u00a0 It can be downloaded as a PDF document from here<\/a>, or viewed below.<\/p>\n

Dispute Guidance document<\/h2>\n\r\n
\r\n

Dispute\r\nGuidance<\/span><\/u><\/p>\r\n

\u00a0<\/span>Guidance to\r\nIVC Clubs on handling Disputes, Grievances and Complaints<\/p>\r\n
\r\n

1.\r\n<\/span>Clubs need to be able to deal effectively with Disputes,\r\nComplaints and Grievances in ways that take only a reasonable amount of\r\neffort and which do not cause harm. This guidance has three aims.<\/p>\r\n

1.\u00a0\u00a0\u00a0 <\/span>To\r\ngive clubs enough confidence so that they can act to handle such\r\nissues<\/p>\r\n

2.\u00a0\u00a0\u00a0 <\/span>To\r\nprovide guidance so that clubs don\u2019t make more problems for themselves<\/p>\r\n

3.\u00a0\u00a0\u00a0 <\/span>To\r\nreassure members that they will be treated fairly<\/p>\r\n

2.\r\n<\/span>Feelings can run high and matters should be dealt with in an\r\nutterly confidential way. It\u2019s always \u2018good gossip\u2019 when problems happen\r\nbut it does not help resolve issues and it can easily amount to bullying\r\nor harassment. It is quite possible that people on all sides will feel\r\nangry, threatened or vulnerable. It is quite normal for people caught up\r\nin an issue to behave less rationally than they otherwise would do. So\r\nthat people are not unduly stressed it is important to deal with matters\r\nwith care and sensitivity. Matters should be dealt with as speedily as\r\npossible with aim of limiting damage and achieving closure so that\r\neveryone can \u2018move on\u2019.<\/p>\r\n

3.\r\n<\/span>There are four ways that disputes or problems can be handled.\r\nThe more informal the methods are better as they take less effort and\r\nare more likely to produce a good result.<\/p>\r\n

1.\r\n<\/span>If a members conduct is causing concern you could send them a\r\ncopy of the Clubs Code of Conduct. You must only do this in a\r\nnon-judgemental way and only once or very infrequently.<\/p>\r\n

2.\r\n<\/span>Get another member, who has the respect of the member whose\r\nconduct is causing concern, to have a \u2018Quiet Word\u2019.<\/p>\r\n

3.\r\n<\/span>Invite the persons concerned to take part in Informal\r\nMediation.<\/p>\r\n

4.\r\n<\/span>Instigate Formal Proceedings which may result in a penalty or\r\nsanction being imposed on a member. This should start with Formal\r\nMediation for a period of one or two weeks in the hope of settling the\r\nissue with a minimum of effort or damage. If that fails then a\r\nDisciplinary Proceeding should automatically start.<\/p>\r\n

4.\r\n<\/span>Mediation must be completely confidential and nothing revealed\r\nin it should be used elsewhere. This needs to be done by someone who has\r\nthe respect of all parties to the Dispute.<\/p>\r\n

5.\r\n<\/span>Formal Proceedings can only be based on a written complaint.\r\nComplaints should be accepted about any current member of the Club\r\nproviding that there is an IVC dimension.<\/p>\r\n

6.\r\n<\/span>Deciding to impose a penalty on a member is a judicial process\r\nand must be taken seriously.\u00a0 Clubs must not impose any sort of\r\nsanction or penalty on a member without sticking to the rules of Natural\r\nJustice. In other words you must be fair. If you do not do this then you\r\nleave the club, and possibly committee members, wide open to legal\r\nchallenge. Aristotle once said \u201cThe\r\nlaw is reason, free from passion<\/span><\/span>\u201d.<\/p>\r\n

7.\r\n<\/span>The rules of Natural Justice are simple and straightforward and\r\nthere are only two.<\/p>\r\n

1.\r\n<\/span>Fair Hearing<\/b> \u2013 All parties should be given a fair\r\nopportunity to present their case, should know what the other evidence\r\nis so they can challenge it and what they say must be fairly considered.<\/p>\r\n

2.\r\n<\/span>Judicial Impartiality<\/b> \u2013 The body hearing the matter must\r\nact in a genuinely fair way, its members must not have any pre-conceived\r\nideas, they must not have any particular animosity or friendship with\r\nany of the parties to the case and they should not have any personal\r\ninterest in the case. They should ideally have the confidence of all\r\nconcerned (and others). They should not have had any prior dealings with\r\nthe case. Decisions must be made solely on the evidence presented.<\/p>\r\n

8.\r\n<\/span>Members should not normally be suspended prior to a case being\r\nheard as this deprives them of their right to enjoy their membership of\r\nthe club and attaches a presumption of guilt. You cannot suspend a\r\nmember unless the clubs rules allow it.<\/p>\r\n

9.\r\n<\/span>There are four bodies that can hear cases or Appeals.<\/p>\r\n

1.\u00a0\u00a0\u00a0 <\/span>The\r\nClubs Committee<\/p>\r\n

2.\u00a0\u00a0\u00a0 <\/span>An\r\nInternal Tribunal made up of senior\/experienced Club Members<\/p>\r\n

3.\u00a0\u00a0\u00a0 <\/span>An\r\nExternal Tribunal drawn from nearby IVC\u2019s<\/p>\r\n

4.\u00a0\u00a0\u00a0 <\/span>An\r\nExternal Adjudicator (a Professional such as a Solicitor or Accountant)<\/p>\r\n

10.\u00a0\u00a0 <\/span>It\r\nis not recommended that Club Committees get involved in Formal\r\nProceedings unless the case is simple, the likely penalties light and\r\nthe club is small. Committees are not the best body to hear cases for\r\nthe following reasons.<\/p>\r\n

1.\r\n<\/span>It is too distracting for the Committee which needs to\r\nconcentrate on running a successful club.<\/p>\r\n

2.\r\n<\/span>If the Committee deal with these matters then all the members\r\nof the Committee have to get involved and fully consider all the\r\nevidence. This is too much effort and the number of people may be\r\nintimidating for the people subject to the process.<\/p>\r\n

3.\r\n<\/span>Committees can be political and these issues need looking at in\r\nan utterly rational way to ensure justice.<\/p>\r\n

4.\r\n<\/span>The Committee cannot fairly deal with Complaints about itself\r\nor any of its members.<\/p>\r\n

11.\u00a0\u00a0 <\/span>There\r\nshould be an Appeal process. Appeals should ideally be held by an\r\nexternal body (Tribunal or Adjudicator). They should be lodged within a\r\nshort time, say two weeks (except on grounds of new evidence) and should\r\nbe allowed for any of the following reasons.<\/p>\r\n

1.\r\n<\/span>That the decision reached was one that no reasonable body could\r\nhave come to. This is not the same as simply disagreeing with the\r\ndecision.<\/p>\r\n

2.\r\n<\/span>That errors in procedure or of understanding the rules or facts\r\nwere made and these were serious enough to have possibly affected the\r\noutcome<\/p>\r\n

3.\r\n<\/span>That new evidence has come to light which was not available at\r\nthe time of the original hearing and which may have affected the outcome\r\nif it had been known.<\/p>\r\n

12.\u00a0\u00a0 <\/span>Decisions\r\nshould be in writing, should normally give reasons and should be\r\ndelivered to all parties and the Committee at the same time. The\r\ndecision should take effect immediately it is issued.<\/p>\r\n

13.\u00a0\u00a0 <\/span>At\r\nthe bodies entire discretion the matter may be dealt with without a\r\nhearing, ie entirely on paper. If there is a hearing then all parties\r\nshould be invited. Each party is entitled to be accompanied by a friend\r\nwho has a right to be heard. The standard to use is \u201cBalance of\r\nProbabilities\u201d rather than \u201cBeyond Reasonable Doubt\u201d.<\/p>\r\n

14.\u00a0\u00a0 <\/span>Any\r\nPenalties should be appropriate to the case. The case being found may be\r\npenalty enough. Bodies hearing cases should use their ingenuity and\r\nimagination to come up with appropriate penalties suited to the case in\r\nquestion. Modest fines or compensation may be appropriate.<\/p>\r\n

15.\u00a0\u00a0 <\/span>Suspensions\r\nfrom membership should be limited to a maximum of 6 months as otherwise\r\nit would effectively amount to an expulsion. Being barred from certain\r\ntypes of activity or event may be appropriate but should always carry a\r\ntime limit of, say, a maximum of 2 years. Expulsion should only ever be\r\na last resort and should be time bounded for a minimum of one year (to\r\nprevent a sympathetic Committee from re-admitting the person) and a\r\nmaximum of five years. For misconduct by a Committee member in their\r\nofficial capacity a penalty of being barred from office should be\r\nconsidered (for a specified time which should not be more than five\r\nyears).<\/p>\r\n

16.\u00a0\u00a0 <\/span>The\r\nbody may make whatever recommendations they feel appropriate or helpful\r\nto the Clubs Committee. Such recommendations are not binding.<\/p>\r\n

17.\u00a0\u00a0 <\/span>If\r\nthe body hearing the Complaint (or an Appeal) thinks that the Complaint\r\n(or Appeal) may be malicious, mischievous, frivolous, is otherwise an\r\nabuse of the process or possibly should have been resolved at an earlier\r\nstage then they should say so. If they are sure that this is the case\r\nthen that decision should form part of their findings and they may award\r\nan appropriate penalty.<\/p>\r\n

18.\u00a0\u00a0 <\/span>It\r\nis recommended that clubs have the following question on their\r\napplication forms. \u201cHave you ever been refused admission or expelled\r\nfrom any IVC Club? If so please give details.\u201d An answer of Yes to this\r\nquestion should not automatically cause an application to be refused but\r\nit should prompt further consideration.<\/p>\r\n

Note: The information in this document is offered in\r\ngood faith but no liability can be accepted for any errors or omissions.<\/p>\r\n\r\n

Version History<\/h2>\r\n

24\/08\/05<\/b>\u00a0 Version approved at the AIVC\r\nConference in April 2005.\u00a0 Added Version History.\r\nApproved by TV IVC committee for feedback from members before proposed\r\nat the AGM.<\/p>\r\n

21\/10\/05<\/b>\u00a0 Approved unanimously without\r\namendment at the AGM.<\/p>\r\n

<\/p>\r\n\r\n<\/div>\r\n\n","protected":false},"excerpt":{"rendered":"

AIVC’s Dispute Guidance Preface Following a number of dispute cases that had arisen in clubs and had been referred to AIVC for advice, the Committee agreed to seek legal advice on the Model Code of Conduct and Dispute Guidance on the website that was recommended to member clubs. The aim was \u00a0to bring them up […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":24,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-245","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=\/wp\/v2\/pages\/245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=245"}],"version-history":[{"count":0,"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=\/wp\/v2\/pages\/245\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.tvivc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}