Safeguarding Adults Policy
Introduction
KIRKBYMOORSIDE GOLF CLUB is committed to creating and maintaining a safe and positive environment for all individuals involved in golf.
Safeguarding duties apply to an adult who:
Has needs for care and support (whether or not the local authority is meeting any of those needs) and;
Is experiencing, or is at risk of, abuse or neglect; and;
As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of, abuse or neglect.
Principles in relation to adults at risk
The Care and Support Statutory Guidance Section 14.13 sets out the following six key principles which underpin all adult safeguarding work:
Empowerment: People being supported and encouraged to make their own decisions and informed consent.
Prevention: It is better to take action before harm occurs.
Proportionality: The least intrusive response appropriate to the risk presented.
Protection: Support and representation for those in greatest need.
Partnership:Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
Accountability:Accountability and transparency in delivering safeguarding.
Making safeguarding personal is the concept that adult safeguarding should be person led and outcome focused. It engages the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control. As well as improving quality of life, well-being and safety.
Wherever possible discuss safeguarding concerns with the adult to get their view of what they would like to happen and keep them involved in the safeguarding process, seeking their consent to share information outside of the organisation where necessary.
The principles of the Mental Capacity Act 2005 (MCA) state that every individual has the right to make their own decisions and provides the framework for this to happen.
In addition KIRKBYMOORSIDE GOLF CLUB recognises the following principles which underpin our work with all groups and individuals who may have additional needs for support and protection:
It is every adult’s right to be protected from abuse irrespective of their age, gender identity, faith or religion, culture, ethnicity, sexual orientation, background, economic position, marital status, disability or level of ability.
All staff and volunteers share the responsibility for the protection of adults at risk and will show respect and understanding for their rights, safety and welfare.
The additional vulnerability of disabled adults (including those with invisible disabilities, learning and communication differences) is recognised.
Allegations of abuse or concerns about the welfare of any adult will be treated seriously and will be responded to swiftly and appropriately.
KIRKBYMOORSIDE GOLF CLUB recognises the role and responsibilities of the statutory agencies in safeguarding adults and is committed to complying with the procedures of the Local Safeguarding Adults Boards.
Confidentiality will be maintained appropriately at all times and the adult’s safety and welfare must be the overriding consideration when making decisions on whether or not to share information about them.
KIRKBYMOORSIDE GOLF CLUB will support all adults to understand their roles and responsibilities with regards to safeguarding and protecting adults at risk, including the responsibility to report all concerns in line with KIRKBYMOORSIDE GOLF CLUB safeguarding adults policy and procedures.
All participants involved in golfing activities have the right to be listened to with respect and to be heard.
Guidance and legislation
The practices and procedures within this policy are based on the principles contained within the UK and legislation and Government Guidance and have been developed to complement the Safeguarding Adults Boards policy and procedures, and take the following into consideration:
The Care Act 2014
The Protection of Freedoms Act 2012
Domestic Violence, Crime and Victims (Amendment ) Act 2012
The Equality Act 2010
The Safeguarding Vulnerable Groups Act 2006
Mental Capacity Act 2005
Sexual Offences Act 2003
The Human Rights Act 1998
The Data Protection Act 2018
Responsibilities and implementation
KIRKBYMOORSIDE GOLF CLUB will seek to promote the principles of safeguarding by:
Reviewing KIRKBYMOORSIDE GOLF CLUB policy and procedures every three years or whenever there is a major change in legislation.
Giving guidance on appropriate recruitment procedures to assess the suitability of volunteers and staff working with vulnerable groups.
Following procedures to report welfare concerns and allegations about the behaviour of adults and ensure that all staff, volunteers, parents and participants, including children, are aware of these procedures.
Directing club staff, volunteers & coaches to appropriate safeguarding training and learning opportunities, where this is appropriate to their role.
1. Complaints, concerns and allegations
As a player, parent, carer, member of staff or volunteer you may be concerned about the welfare of an adult, become aware that abuse or poor practice is taking place, suspect abuse or poor practice may be occurring or be told about something that may be abuse or poor practice. These concerns should be brought to the attention of the England Golf Lead Safeguarding Officer without delay.
The person reporting the concern is not required to decide whether abuse has occurred, but simply has a duty to pass on their concerns and any relevant information tel: 01526 351824. All concerns will be treated in confidence. Details should only be shared on a ‘need to know’ basis with those who can help with the management of the concern.
Concerns will be recorded on an Incident Report Form and sent to England Golf Lead Safeguarding Officer and retained confidentially. The Lead Safeguarding Officer will assist with completion of this form if required, tel 01526 351824.
KIRKBYMOORSIDE GOLF CLUB will work with England Golf, counties and other external agencies to take appropriate action where concerns relate to potential abuse or serious poor practice. KIRKBYMOORSIDE GOLF CLUB disciplinary procedures will be applied and followed where possible.
Safeguarding adults at risk requires everyone to be committed to the highest possible standards of openness, integrity and accountability. KIRKBYMOORSIDE GOLF CLUB supports an environment where staff, volunteers, parents/carers and the public are encouraged to raise safeguarding concerns. Anyone who reports a legitimate concern to the organisation (even if their concerns subsequently appear to be unfounded) will be supported. All concerns will be taken seriously.
It is important when considering your concern that you also consider the needs and wishes of the person at risk.
2. Responding to disclosure of abuse
If an adult indicates that they are being abused the person receiving the
information should:
Stay Calm
Listen carefully to what is said, allowing the adult to continue at their own pace, and take it seriously.
Explain that it is likely the information will have to be shared with others- do not promise to keep secrets.
Keep questions to a minimum, only ask questions if you need to identify/ clarify what the person is telling you. Take care to distinguish between fact, observation, allegation and opinion. It is important that the information you have is accurate.
Reassure the person that they have done the right thing in revealing the information.
Ask them what they would like to happen next.
Explain what you would like to do next and ask if they are happy for you to share the information in order for you to help them. As long as it does not increase the risk to the individual, you should explain to them that it is your duty to share your concern with your Lead Safeguarding Officer.
Record in writing what was said using the adult’s own words as soon as possible
DO NOT:
Dismiss the concern.
Panic or allow shock or distaste to show.
Probe for more information than is offered.
Make promises that cannot be kept.
Conduct an investigation of the case.
Make negative comments about the alleged perpetrator.
If the matter is urgent and relates to the immediate safety of an adult at risk then contact the police immediately. Complete and Incident Form and copy it to the England Golf Lead Safeguarding Officer within 24 hours.
3. Signs and indicators of abuse and neglect
Abuse can take place in any context. Abuse may be inflicted by anyone. Players, members, staff, volunteers or coaches may suspect that an adult is being abused or neglected outside of the club setting. There are many signs and indicators that may suggest someone is being abused or neglected, these include but are not limited to:
Unexplained bruises or injuries – or lack of medical attention when an injury is present.
Person has belongings or money going missing.
Person is not attending / no longer enjoying their sessions.
Someone losing or gaining weight / an unkempt appearance. A change in the behaviour or confidence of a person.
Self-harm.
A fear of a particular group or individual.
They may tell you / another person they are being abused – i.e. a disclosure.
4. Consent
The Care Act 2014 statutory guidance advises that the first priority in safeguarding should always be to ensure the safety and well-being of the adult.
Adults have a general right to independence, choice and self-determination including control over information about themselves.
KIRKBYMOORSIDE GOLF CLUB does not expect staff, coaches or volunteers to support an adult who is felt to be vulnerable or at risk through their decision making process but expects them to inform England Golf without delay so that they can clearly define the various options to help support the adult at risk to make a decision about their safety. As long as it does not increase the risk to the individual, it should be explained to them that it is their duty to share their concern with the England Golf Lead Safeguarding Officer. Consent is not required to seek guidance or share information with the National Governing Body.
Adults may not give their consent to the sharing of safeguarding information outside of the organisation for a number of reasons. For example, they may be unduly influenced, coerced or intimidated by another person, they may be frightened of reprisals, they may fear losing control, they may not trust social services or other partners or they may fear that their relationship with the abuser will be damaged. Reassurance and appropriate support may help to change their view on whether it is best to share information.
Those seeking to support the adult should consider the following:
Explore the reasons for the adult’s objections – what are they worried about?
Explain the concern and why you think it is important to share the information
Tell the adult with whom you may be sharing the information with and why
Explain the benefits, to them or others, of sharing information – could
they access better help and support?
Discuss the consequences of not sharing the information – could someone come to harm?
Reassure them that the information will not be shared with anyone who does not need to know
Reassure them that they are not alone and that support is available to them.
If the adult continues to refuse intervention to support them with a safeguarding concern, or requests that information about them is not shared with other safeguarding partners their wishes should be respected.
However, there are a number of circumstances where those seeking to support the adult can reasonably override such a decision, including but not limited to:
It appears that the adult lacks the mental capacity to make that decision (this must be properly explored and further guidance should be sought from the England Golf Lead Safeguarding Officer)
Emergency or life-threatening situations may warrant the sharing of relevant information with the emergency services without consent
Other people are, or may be, at risk, including children
A serious crime has been committed / may be prevented
Individuals in a Position of Trust are implicated
In such circumstances, it is important to keep a careful record of the decision-making process and guidance should be sought from the England Golf Lead Safeguarding Officer. Legal advice will be sought where appropriate. If the decision is to take action without the adult’s consent, then unless it is unsafe to do so, the adult should be informed that this is being done and of the reasons why.
5. Useful Contacts
England Golf Useful Contacts
Lead Safeguarding Officer England Golf
National Golf Centre
The Broadway
Woodhall Spa
Lincolnshire
LN10 6PU 01526 351824
safeguarding@englandgolf.org
Local Contacts
North Yorkshire County Council – Safeguarding Adults North Yorkshire County Council
County Hall
Northallerton
North Yorkshire
DL7 8AD 01609 780 780
North Yorkshire County Council-Social Care-Emergency Duty Team North Yorkshire County Council
County Hall
Northallerton
North Yorkshire
DL7 8AD 01609 780 780
National Contacts
Ann Craft Trust – Safeguarding Adults in Sport and Activity www.anncrafttrust.org 0115 951 5400
Ann-Craft Trust@nottingham.ac.uk
Samaritans 01522 782333
Capacity – Guidance on Making Decisions
The issue of capacity or decision making is a key one in safeguarding adults. It is useful for organisations to have an overview of the concept of capacity.
We make many decisions every day, often without realising. We make so many decisions that it’s easy to take this ability for granted.
But some people are only able to make some decisions, and a small number of people cannot make any decisions. Being unable to make a decision is called “lacking capacity”.
To make a decision we need to:
Understand information
Remember it for long enough
Think about the information
Communicate our decision
A person’s ability to do this may be affected by things like learning disability, dementia, mental health needs, acquired brain injury, and physical ill health.
The Mental Capacity Act 2005 (MCA) states that every individual has the right to make their own decisions and provides the framework for this to happen.
The MCA is about making sure that people over the age of 16 have the support they need to make as many decisions as possible.
The MCA also protects people who need family, friends, or paid support staff to make decisions for them because they lack capacity to make specific decisions.
Our ability to make decisions can change over the course of a day.
Here are some examples that demonstrate how the timing of a question can affect the response:
A person with epilepsy may not be able to make a decision following a seizure.
Someone who is anxious may not be able to make a decision at that point.
A person may not be able to respond as quickly if they have just taken some medication that causes fatigue.
In each of these examples, it may appear as though the person cannot make a decision. But later in the day, presented with the same decision, they may be able to at least be involved.
The MCA recognises that capacity is decision-specific, so no one will be labelled as entirely lacking capacity. The MCA also recognises that decisions can be about big life-changing events, such as where to live, but equally about small events, such as what to wear on a cold day.
To help you to understand the MCA, consider the following five points:
Assume that people are able to make decisions, unless it is shown that they are not. If you have concerns about a person’s level of understanding, you should check this with them, and if applicable, with the people supporting them.
Give people as much support as they need to make decisions. You may be involved in this – you might need to think about the way you communicate or provide information, and you may be asked your opinion.
People have the right to make unwise decisions. The important thing is that they understand the implications. If they understand the implications, consider how risks might be minimised.
If someone is not able to make a decision, then the person helping them must only make decisions in their “best interests”. This means that the decision must be what is best for the person, not for anyone else. If someone was making a decision on your behalf, you would want it to reflect the decision you would make if you were able to.
Find the least restrictive way of doing what needs to be done.
Remember
You should not discriminate or make assumptions about someone’s ability to make decisions, and you should not pre-empt a “best-interests” decision merely on the basis of a person’s age, appearance, condition, or behaviour.
When it comes to decision-making, you could be involved in a minor way, or asked to provide more detail. The way you provide information might influence a person’s ultimate decision. A person may be receiving support that is not in line with the MCA, so you must be prepared to address this.
Guidance on types of harm
The Care Act 2014 recognises 10 categories of abuse that may be experienced by adults.
Self-neglect
This covers a wide range of behaviour: neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding.
Modern Slavery
This encompasses slavery, human trafficking, forced labour and domestic servitude.
Domestic Abuse
This includes psychological, physical, sexual, financial and emotional abuse perpetrated by anyone within a person’s family. It also includes so called ‘honour’ based violence.
Discriminatory
Discrimination is abuse which centres on a difference or perceived difference particularly with respect to race, gender or disability or any of the protected characteristics of the Equality Act.
Organisational
This includes neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.
Physical
This includes hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions.
Sexual
This includes rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.
Financial or material
This includes theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
Neglect/Acts of omission
This includes ignoring medical or physical care needs, failing to provide access to appropriate health social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.
Emotional or psychological
This includes threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.
Not included in the Care Act 2014 but also relevant to safeguarding adults in sport and physical activity:
Cyber Bullying
Cyberbullying occurs when someone repeatedly makes fun of another person online or repeatedly picks on another person through emails or text messages, or uses online forums with the intention of harming, damaging, humiliating or isolating another person. It can be used to carry out many different types of bullying (such as racist bullying, homophobic bullying, or bullying related to special educational needs and disabilities) but instead of the perpetrator carrying out the bullying face-to-face, they use technology as a means to do it.
Forced marriage
This is a term used to describe a marriage in which one or both of the parties are married without their consent or against their will. A forced marriage differs from an arranged marriage, in which both parties consent to the assistance of a third party in identifying a spouse. The Anti-social Behaviour, Crime and Policing Act 2014 make it a criminal offence to force someone to marry.
Mate Crime
A ‘mate crime’ is when vulnerable people are befriended by members of the community who go on to exploit and take advantage of them. It may not be an illegal act but still has a negative effect on the individual. Mate Crime is carried out by someone the adult knows and often happens in private. In recent years there have been a number of Serious Case Reviews relating to people with a learning disability who were murdered or seriously harmed by people who purported to be their friend.
Radicalisation
The aim of radicalisation is to attract people to their reasoning, inspire new recruits and embed their extreme views and persuade vulnerable individuals of the legitimacy of their cause. This may be direct through a relationship, or through social media.
Consent and Information Sharing
Workers and volunteers within sports and physical activity organisations should always share safeguarding concerns in line with their organisation’s policy, usually with their safeguarding lead or welfare officer in the first instance, except in emergency situations. As long as it does not increase the risk to the individual, the worker or volunteer should explain to them that it is their duty to share their concern with their safeguarding lead or welfare officer.
The safeguarding lead or welfare officer will then consider the situation and plan the actions that need to be taken, in conjunction with the adult at risk and in line with the organisation’s policy and procedures and local safeguarding adults board policy and procedures.
To make an adult safeguarding referral you need to call the local safeguarding adults team. This may be part of a MASH (Multi–Agency Safeguarding Hub). A conversation can be had with the safeguarding adults team without disclosing the identity of the person in the first instance. If it is thought that a referral needs to be made to the safeguarding adults team, consent should be sought where possible from the adult at risk.
Individuals may not give their consent to the sharing of safeguarding information with the safeguarding adults team for a number of reasons. Reassurance, appropriate support and revisiting the issues at another time may help to change their view on whether it is best to share information.
If they still do not consent, then their wishes should usually be respected. However, there are circumstances where information can be shared without consent such as when the adult does not have the capacity to consent, it is in the public interest because it may affect other people or a serious crime has been committed. This should always be discussed with your safeguarding lead and the local authority safeguarding adults team.
If someone does not want you to share information outside of the organisation or you do not have consent to share the information, ask yourself the following questions:
Is the adult placing themselves at further risk of harm?
Is someone else likely to get hurt?
Has a criminal offence occurred? This includes: theft or burglary of items, physical abuse, sexual abuse, forced to give extra money for lessons (financial abuse) or harassment.
Is there suspicion that a crime has occurred?
If the answer to any of the questions above is ‘yes’ – then you can share without consent and need to share the information.
When sharing information there are seven Golden Rules that should always be followed.
Seek advice if in any doubt
Be transparent – The Data Protection Act (DPA) is not a barrier to sharing information but to ensure that personal information is shared appropriately; except in circumstances where by doing so places the person at significant risk of harm.
Consider the public interest – Base all decisions to share information on the safety and well-being of that person or others that may be affected by their actions.
Share with consent where appropriate – Where possible, respond to the wishes of those who do not consent to share confidential information. You may still share information without consent, if this is in the public interest.
Keep a record – Record your decision and reasons to share or not share information.
Accurate, necessary, proportionate, relevant and secure – Ensure all information shared is accurate, up-to-date; necessary and share with only those who need to have it.
Remember the purpose of the Data Protection Act (DPA) is to ensure personal information is shared appropriately, except in circumstances where by doing so may place the person or others at significant harm.
Please contact KIRKBYMOORSIDE GOLF CLUB Welfare Officers below,
Welfare Officers
The Welfare Officer for KIRKBYMOORSIDE GOLF CLUB :
Jack Hagyard – welfareofficer@kirkbymoorsidegolf.co.uk
The role of the Welfare Officer is to take the lead in the Club on welfare and protection issues and ensure the appropriate action is taken when there is a potential /alleged abuse, bullying or poor practice. It is not their role to investigate fully any allegations made. The Welfare Officer will undertake Child Protection training provided by national golfing bodies and others. Child protection concerns will be reported to the police/Social Services Department as appropriate.
You may wish to contact England Golf Lead Safeguarding officer, on 01526 351824 or safeguarding@englandgolf.org.
If the England Golf Lead Safeguarding Officer is not available and a delay cannot be justified then seek advice from the local County Council Safeguarding Adults Team or County Council Social Care-Emergency Duty Team.
Equality and Diversity Policy & Disciplinary Policy
Kirkbymoorside Golf Club Equal Opportunity Policy & Disciplinary Policy
Statement of Intent
Kirkbymoorside Golf Club, in compliance with the Equality Act 2010 or any statutory modification thereof, relevant English, UK and European legislation and all other statutory obligations, are resolute in their determination to pursue respective equality of status to all members, associate members, visitors, guests, volunteers, present and potential employees servants agents and service providers associated with those companies. We will endeavour to ensure that every person, as identified above, regardless of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation, pregnancy and maternity has a genuine opportunity to participate to their full potential at all levels and in all roles within the Club.
Equality Policy
In accordance with the Equality Statement of Intent agreed by Kirkbymoorside Golf Club, the management committee/board of directors of the club have produced the following Equality Policy. This policy shall be subject to annual review and shall remain effective (subject to minor changes determined only by legislation by the need to make reasonable adjustments to practices procedures and policies or as agreed by practical experience, in keeping with current legislation) during this period.
• A copy of this document is available to all paid staff, agents and service providers and volunteers of the Club together with its members, visitors, guests and associate members and its content will be covered in all induction programmes carried out or organised by the club for all such persons.
• No job application will be placed at a disadvantage by requirements or conditions which are not necessary to the performance of the job, or which constitute unfair discrimination.
• All members, visitors, guests, associate members, employees, agents, service providers and volunteers have responsibilities to respect, act in accordance with and thereby support and promote the spirit and intentions of the policy.
• The policy will be available on the Club website and within the registration process, all electronic green fee enquiries will be automatically directed to the policy.
• All staff, agents and service providers will receive appropriate training.
OTHER IMPORTANT DOCUMENTS
• This policy works with other documents adopted by the Club, in particular:
recruitment policy, standard terms of service, grievance procedure, which relate to the relationship between the Club and those it employs and the recruitment process.
• Disciplinary Regulations which may be used to deal with alleged breaches of this policy.
• Safeguarding Children and Young People Policy, and Safeguarding Adults Policy,
which will be followed in respect of any matters which give rise to a safeguarding concern.
• Social Media Policy
• Code of Conduct which set out the standards of behaviour and conduct expected from members, those who are attending Club events, or representing, working for of otherwise engaging with the Club in some capacity.
• Complaints Policy which may be used to deal with concerns raised about the actions of the Club
• Data Protection Policy which sets out how we will handle personal data, including data collected to monitor diversity in line with this Policy.
Membership
• Kirkbymoorside Golf Club will ensure that each application for membership will be determined in accordance with the club’s statement on equal opportunities. Other than the total maximum membership number as identified by the management committee/board of directors, no upper membership limits will be applied to any category of membership although to protect against the erosion of any group of members, the Club has agreed that a minimum of 20 spaces has been allocated to both genders. The Club may apply an upper limit on the numbers in any category provided that no category is determined by reference to any of the protected characteristics.
• All subscriptions fees are based on seven-day membership and will be equal for all categories save where the club have decided the need for positive action measures and have agreed to offer financial incentives to;
o alleviate disadvantage experienced by people who share a protected characteristic as identified above,
o junior members for the duration of the specified membership status,
o encourage increased levels of membership to a pre-determined number within specific categories, which may include, for example, certain age groups or other selected under-represented groups.
• Such incentives shall only apply for the agreed duration of the specific recruitment drive initiative or until the requisite number of vacancies has been filled or, in the case of juniors, until such time as the member no longer qualifies under the age requirements of the junior section.
• Applications for membership will be as determined by the management committee/board of directors of the company and will comply with the requirements of the Equality Act 2010 or any statutory modification thereof. Applicants who are considered to be suitable for membership will be allocated membership on a first come, first served basis save that the committee/board of directors/management may in their absolute discretion but only where the number of members in an under-represented has fallen below the agreed minimum and solely to protect against the erosion of that group of members admit in preference to a member of another group an applicant who has a protected characteristic of the underrepresented group,
• Membership Rights
• All material prepared, produced, and distributed by, or on behalf of the Club will endeavour to promote a clear image of diversity within the club.
• Clear guidance and communication will be given to all members or individuals either governing or working for the Club on its commitment to Equity through the appropriate mediums.
• All participants at the Club, in whatever capacity shall receive fair and equitable treatment in all aspects of their membership.
• All members will have equal access to all joint function rooms and bars at all times save where acceptable similar facilities have been provided to allow single sex occupation at certain agreed times.
• Members who wish to transfer their category of membership shall have their request considered by the management committee/board of directors who will make their decision based on availability.
• All byelaws introduced by the committee shall reflect fair and equitable treatment in respect of the club’s practices policies and procedures they are designed to address.
Officers of the Club
Responsibilities
The management committee/board of directors is responsible for ensuring that the Club operates in accordance with the Memorandum of Association, the Constitution and the Rules and Bye Laws as written and updated from time to time and in conformity with the Equality Act 2010 or any statutory modification thereof.
• The management committee/board of directors shall be elected in accordance with the procedures as identified in the Constitution of the Club.
• Any member who meets the criteria for election to the committee/board, shall be encouraged to allow themselves to be nominated.
Captaincy
• There will be separate captains for each gender section of the club.
• Proposals and nominations for each captaincy will be in accordance with the procedures as identified in the Constitution.
• Each captain shall comply with the responsibilities of captaincy as identified in the Constitution and shall represent their section of the club at all events that fall within their jurisdiction under those directions.
• In their year of office, the two captains shall share responsibility and authority for all club functions and will agree at the outset of their term of office those events which will be undertaken individually or jointly.
Presidency/Club Captain/Chairman
• In accordance with the Constitution there shall be a Club President and Chairman who shall be selected in accordance with the procedure as identified in the Constitution. The chairman will remain in office for a period of one year.
• The President shall remain in office for a period of 3 years during which time he will officiate at those other functions where attendance and/or responsibility has not been previously agreed to be within the scope of the office of either of the two section captains.
• The Chairman may delegate responsibility to either or both section captains at his/her discretion.
• If the President is unable to fulfil his duties at an event, the responsibility to attend on his behalf shall be agreed between the section captains.
• The Chairman will review the Compliance Committee reports on an annual basis to establish progress against aims and ensure the Statement and Policy remain appropriate and effective.
Course access
General All members shall enjoy equal access to the golf course(s) at all times save only where this is superseded by the limitations of any restricted access membership.
• Conditions of Entry to club competitions shall be as specifically identified in “The Terms and Conditions of Entry”.
• The playing of designated trophy competitions shall take precedence within the competition calendar of the club. On such occasions and for the duration of the allotted tee reservation, the course will only be available to participants in the competition.
• Where it can be identified that the preponderance of male competitions denies equal access to females at weekends or at regular or particular times, the club will ensure that suitable alternative opportunities for weekend play for females are included in the playing calendar the details of which will be easily accessible by all members and will be included within the Membership Handbook and /or the Rules and Byelaws of the Club.
• Handicap Qualifying Competitions shall be open to all members and shall be played concurrently subject only to gender variations as determined by England Golf and WHS. Tee time availability will be in accordance with the current tee time booking procedure.
• When general play conditions prevail, access to the course shall be in accordance with the tee time booking procedure and shall allow for equal access to all categories of members.
• Individual members will not be allowed to make tee time reservations on behalf of more than eight players (for fourball play) or three tee time slots (for play in threes).
Exemptions
• The Club reserves the right to limit competition to specific age, gender, or disability groups where this is necessary to ensure equitable, safe, and equal competition. The Club will take positive action in providing opportunities to increase the inclusion of people from under-represented groups.
Rules and Bye Laws
The terms and conditions of membership and playing rights do not affect the R&A Rules of Golf relating to Etiquette nor the general Rules and Bye Laws of the Club.
Compliance Committee
Representatives from the committee/board will be selected to form a Compliance Committee to ensure that the requirements of the Equality Bill and the Terms and Conditions of this Equality Statement are being adhered to and to monitor and evaluate the interpretation of these documents.
• The Chairman will review the Compliance Committee reports on an annual basis, to establish progress against aims and ensure the Statement and Policy remain appropriate and effective.
• The Compliance Committee shall report directly to the management committee/board of directors with whom overall responsibility for ensuring adherence to the Equality Bill and the Terms and Conditions of this Equality Statement rests.
• Selection to the compliance committee shall be in accordance with the Constitution.
• The committee will review process and operation to consider the level of compliance in relation to the legislation.
• The committee should identify areas and processes for change where necessary and make reasonable adjustments to this Statement of Intent and the Equality Policy as required.
• The committee should record their reasonable conclusions and track progress to completion of any changes that they recommend in consideration of the Act.
Complaints
The content of this document applies equally to members, associate members, visitors, guests, employees, servants, agents, and service providers of the club. The Chairman has overall responsibility to the management committee/board of directors for ensuring that the requirements of this document are implemented. The day-to-day responsibility for the Statement of Intent and Equality Policy will rest with the Manager.
• Any complaint or grievance will be dealt with via the appropriate policy and procedures, e.g. Disciplinary Procedure, Grievance Procedure or Mediation process.
• Allegations of inequitable behaviour emanating from the actions of an employee of the club will be investigated in accordance with the terms and conditions of employment relating to that employee.
• Allegations of inequitable behaviour emanating from the actions of a member towards a fellow member, an associate member, a visitor, a guest, an employee, servant agent or service provider will be investigated within the Complaints Procedure applying to a Breach of the Club Equity Policy. If an incident involving a member of the Club is alleged to have occurred touching upon the conduct of a member at another golf club and reported to the Club in accordance with that club’s policies, the member shall be subject to a Disciplinary Hearing at the Club.
• Allegations of inequitable behaviour emanating from the actions of a casual visitor to the club who is a member of a golf club affiliated to the English, Scottish or Welsh Golf Unions towards a member, an employee, visitor, or guest will be initially investigated by the Manager of the Club. If the evidence leads the manager to conclude that a breach of the Club Equity Policy has likely occurred, the evidence should be passed to the home club of the alleged offender to be further investigated and dealt with in accordance with their Disciplinary Procedures. If the home club declines to investigate the allegation the Club may refer the incident to their County Union/County Association for action under their Disciplinary Policy and Procedures. If the County Union/Association declines to investigate the Club may refer the incident to the relevant Home Golf Union for action under their Disciplinary Policy and Procedures. If such a situation occurs and the allegation is proven, the Club, in addition to any sanction imposed at that hearing, will exercise their own prerogative in respect of initiating an appropriate action and which will be limited to the authority of the Club, against the alleged offender on behalf of the Club.
• Allegations of inequitable behaviour emanating from the actions of a casual visitor to the club who is not a member of a golf club affiliated to any of the Home Unions towards a member, an employee, visitor, or guest will be initially investigated by the Manager of the Club. If the evidence leads the manager to conclude that a breach of the Club Equity Policy has likely occurred, the evidence should be passed to the appropriate authorities for action under the Equality Laws and to the relevant Home Union for action under their Disciplinary Policy and Procedures. If such a situation occurs and the allegation is proven, the Club, in addition to any sanction imposed at that hearing, will exercise their own prerogative in respect of initiating an action against the alleged offender banning them from the Club for a period of time to be agreed. If an allegation is proven the Club (cognisant of Human Rights Law) will use its best endeavours to notify other clubs of the outcome and of the name of the offender.
• In all cases the alleged offender will be invited to attend the Disciplinary Hearing. If this invitation is declined, then the hearing shall proceed absente reo.
If any dispute arises in connection with this policy, the parties will attempt to settle it by mediation in accordance with the Mediation Procedure of the National Golf Club’s Advisory Association (NGCAA). Unless otherwise agreed between the parties, the mediator will be nominated by the Chairman. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party(ies) to the dispute requesting a mediation. A copy of the request should be sent to the Chairman. The mediation will start not later than 56 days after the date of the ADR notice. The commencement of mediation will not prevent the party(ies) commencing or continuing court proceedings/an arbitration.
Discipline
In accordance with the Club Code of Conduct, Disciplinary and Grievance Policy and Procedures, any reports of alleged breaches of our Equity Policy will be investigated and appropriate disciplinary action will be taken, based on the outcome of the investigation.
Kirkbymoorside Golf Club
DISCIPLINARY & GRIEVANCE REGULATIONS
DEFINITIONS
In these Regulations the following words and phrases shall have the following meanings and interpretations:
“Adult at Risk of Harm” an individual aged 18 or over who: is unable to look after their own wellbeing, property, rights or other interest; andis at risk of harm (either from another person’s behaviour or their own behaviour); andbecause they have a disability, mental disorder, illness or physical or mental infirmity, they are more vulnerable to being harmed than other adults;
“Appeal Panel” the individual or group of individuals appointed in accordance with these Regulations to deal with Appeals under these Regulations ;
“Appellant” the person or body who appeals a Decision of the Disciplinary Panel;
“Chairperson” The individual appointed by the Disciplinary Secretary to chair the Disciplinary or Appeal Hearing;
“Charge” The charge which is brought against the Respondent in respect of the disciplinary matter;
“Club” Kirkbymoorside Golf Club
Manor Vale, Kirkbymoorside, North Yorkshire, YO62 6EG
“Club Rules” The rules of the Club which may include its bye-laws, constitution or articles of association, code of conduct and any other rules by which the Members are bound in accordance with their membership of the Club;
“Club Tournament” The rules of any competition, golfing event or tournament administered by the Club from time to time;
“Complaint” a complaint of misconduct or notification of a concern as referred to in Regulation 4;
“Complainant” the person or body from whom a Complaint has been received by the Disciplinary Panel;
“Committee” The body that is running the Golf Club;
“County” The County Golf Union or Association to which the Club affiliates
“Disciplinary Panel” the group of individuals appointed by the Club to deal with disciplinary matters under these Regulations;
“Disciplinary Secretary” the person who is nominated as the Disciplinary Secretary by the Committee from time to time;
“England Golf” The English Golf Union Limited, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU, Company Number: 5564018;
“Member” Any member of the Club in any membership category, including social or honorary members;
“Notice of Charge” A written notice sent to the Respondent in any matter notifying them of the Complaint(s) and Charge(s) made and brought against them;
“Participant” Any person, whether a Member, a visitor, or a subscriber to the England Golf iGolf scheme, who takes part in or spectates at any golfing activity at the Club or who attends the clubhouse as a social/honorary member;
Player Any person who plays golf at the Club, whether or not they are a Member
“Respondent” the person who is the subject of the Complaint or disciplinary action brought by the Disciplinary Secretary under the Regulations;
“Rules of Golf” the rules governing the playing of golf as jointly issued by the R&A and the USGA from time to time;
“Young Person” A person under 18 years of age.
WHO IS BOUND BY THESE REGULATIONS
These Regulations apply to all Members, Honorary Members, Players Participants, staff members, volunteers and contractors of or visitors to the Club.
JURISDICTION OVER DISCIPLINARY MATTERS
These Regulations will apply to:
Alleged breaches of the Club Rules, Regulations, Codes and Practices, and its statement of values or standards of behaviour.
alleged breaches of the Rules of Golf, handicap infringements, disqualifications and any breach of the rules of a Club Tournament; and
any matter in which an individual 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 which brings the Club into disrepute.
any matter in which an individual engages in any conduct which is inappropriate, unlawful, unsporting or behaves in a manner which is which brings the sport of golf into disrepute.
Incidents of a safeguarding nature must be referred to the England Golf Governance team (via safeguarding@englandgolf.org) before any disciplinary action is taken under these Regulations.
RAISING OF COMPLAINTS
Any person or body may raise a complaint to be considered under these Regulations. Complaints should be made in writing to the Club Manager (richard@kirkbymoorsidegolf.co.uk, but the Club will make reasonable adjustments to deal with Complaints made in other ways where appropriate.
When the Club receives a Complaint, the Club shall appoint a Disciplinary Secretary, who shall be independent of the matter, to consider the matter and decide how to proceed. The Club Manager will normally become the Disciplinary Secretary.
NEXT STEPS
Following appointment the Disciplinary Secretary may, without limitation:
Commence an initial investigation to obtain more information or evidence;
Contact the Respondent for a response;
seek advice from or refer the matter to any other appropriate body;
mediate to seek resolution of the matter to the satisfaction of all parties;
resolve to deal with the matter informally;
conclude that no further action is required;
refer the matter to a disciplinary panel for further action.
In any event the Disciplinary Secretary will record the reasons for deciding on the appropriate next steps.
DEALING WITH THE MATTER FORMALLY: CONSTITUTING A DISCIPLINARY PANEL
If the Disciplinary Secretary decides that the matter should be dealt with formally, a Disciplinary Panel will be set up to deal with the matter.
The Disciplinary Panel will be made up of 3 individuals, who will all be independent of the complaint or incident giving rise to the matter and if necessary co-opted from outside the club membership. One member of the Disciplinary Panel will be appointed as Chair.
If at any time a member of the Disciplinary Panel either declares an interest or is deemed to have an actual or potential interest by the Chair (or if it is the Chair, another member of the Disciplinary Panel) they will be replaced by another individual. The reasons for such change will be given to interested parties.
ISSUING A NOTICE OF CHARGE
Once a Disciplinary Panel has been formed the Disciplinary Secretary will notify the Complainant of the decision to deal with the matter under these Regulations, and send a Notice of Charge to the Respondent clearly setting out:
The Regulation, rule or provision that the Respondent is alleged to have breached; and
A summary of the facts or circumstances that led to the Complaint and the Charge; and
Confirmation that these Regulations apply to the determination of the matter; and
The time, date and location of any meetings that have been organised to discuss or otherwise deal with the matter; and
The rights of the Respondent under these Regulations to have a fair opportunity to make representations in their defence; and
Instructions on what the Respondent must do to either admit or deny the Charge and the deadline for indicating their response.
ADMITTING OR DENYING THE CHARGE
The Respondent shall be requested to respond no later than 14 days from the date of the Notice of Charge to respond and either:
Admit the Charge; or
Deny the Charge, in which case the matter will be dealt with by a full disciplinary hearing.
If the Respondent admits the Charge, the Disciplinary Panel may deal with Decisions and Sanctions under Regulation 11. The Respondent may make written representations in mitigation within 14 days from accepting the Charge or having been deemed to accept the Charge.
If the Respondent does not accept the Charge, the Disciplinary Panel will call a Disciplinary Hearing in accordance with Regulations 9 & 10.
If the Respondent does not respond to the Notice of Charge within the time period outlined at Regulation 8.1 above, the Disciplinary Panel will record how it satisfied itself that the Respondent had received notices and had reasonable opportunity to respond and may call a Disciplinary Hearing, and may treat the Respondent as having admitted the Charge.
If there are multiple Charges, the Respondent may admit or deny all or some of the Charges. The Disciplinary Panel may deal with Charges that are Admitted and Denied separately.
The Disciplinary Panel may deal with a disciplinary matter by way of an oral hearing either conducted in person or by audio or video conference call, or deal with the matter by way of written submissions, whichever method is most appropriate and proportionate to the issues at hand, and considering the needs and wishes of the Respondent and any other witnesses in deciding how to deal with the hearing.
NOTICE FOR DISCIPLINARY HEARINGS
The Disciplinary Panel will give reasonable notice of any hearing or deadline for written submissions and should consider at least one re-scheduling to take into account prior commitments.
ORAL DISCIPLINARY HEARINGS
The Respondent may be represented by a third party at any oral hearing, whether or not that person is a member of the Club (the “Representative”), and the Representative may make submissions but not give evidence on behalf of the Respondent.
The Respondent may be accompanied by another Member for support (the “Friend”), but the Friend may not make representations on behalf of the Respondent.
The procedure for an oral hearing will be at the discretion of the Chair. A standard hearing procedure is set out at Appendix 1 of this document, which may be followed by the Chair of the Disciplinary Panel.
Regardless of the procedures followed, the Respondent must be given a fair opportunity to make representations and present evidence in their defence. The Respondent must also be given the opportunity to review and challenge evidence in support of the Complaint and Charge.
If the Respondent does not attend the hearing as arranged above, provided that the Disciplinary Panel is satisfied that notice of the hearing was received it may proceed and decide the case in the absence of the Respondent.
DECISIONS AND SANCTIONS
The Disciplinary Panel may reach such decision and/or impose such sanctions as it sees fit, including without limitation, to:
Dismiss the Charge as unproven;
Issue a warning or reprimand in respect of the misconduct or rule breach committed;
Suspend or exclude the Respondent from the Club and/or Club Competitions, Tournaments, Teams, meetings or other activities;
Suspend or exclude the Respondent from holding office within the Club for a specified or indefinite period of time;
Suspend the Respondent’s Membership of the Club, and/or their ability or authority to attend the Club and exercise playing rights at the Club for a defined period;
Permanently expel the Respondent from the Club; and/or
A combination of any of the above or any other disciplinary action as considered appropriate by the Disciplinary Panel as appropriate.
The decision taken by the Disciplinary Panel in relation to sanctions must be reasonable and proportionate in all the circumstances. The Disciplinary Panel will give reasons for its decision.
The decision of the Disciplinary Panel may be communicated to the Respondent orally at any oral Hearing, but must, in any event, be communicated in writing within a reasonable time of the decision being made.
If a right of appeal exists from the decision, the written decision must set out how that right can be exercised.
MATTERS INVOLVING YOUNG PERSONS OR ADULTS AT RISK
Where a disciplinary matter involves a Young Person and/or Adult at Risk of Harm, the Club, the Disciplinary Panel must be mindful of the needs of the person in question and take these into account when deciding:
The format of proceedings;
Whether any action is taken against such a Young Person or an Adult at Risk of Harm;
Whether any provisions in these Regulations should be varied.
The Disciplinary Panel should inform the Club Welfare Officer or, in their absence, the County Welfare Officer or the England Golf Safeguarding team of the circumstances surrounding the Young Person and/or the Adult at Risk of Harm before taking any action under these Regulations.
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. 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 Panel shall make sure that the Young Person or Adult at Risk of Harm fully understands the process taking place.
For the avoidance of doubt, the refusal of the parent, Young Person or Adult at Risk of Harm to co-operate shall not preclude Club from taking disciplinary action against the Young Person or Adult at Risk of Harm.
APPEALS – ENGLAND GOLF FRAMEWORK
Decisions which relate to the Rules of Golf or to handicapping infringements fall within the England Golf Disciplinary Framework and are subject to a right of appeal as set out below.
Matter arising at Disciplinary body at first instance Appeal level
Club Club County
County County England Golf
National England Golf England Golf Appeals Panel
There will no further right of appeal.
If the Respondent wishes to appeal a decision of the Disciplinary Panel, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it;
Serious procedural or other irregularity in the proceedings before the Disciplinary Panel;
Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision; and/or
The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is valid, he will forward it to the County Secretary of the Yorkshire Union of Golf Clubs as appropriate. If the Disciplinary Secretary considers that the Notice of Appeal is not valid, he will return it to the Respondent and explain why it is not valid.
The Yorkshire Union of Golf Clubs Disciplinary Regulations will apply thereafter to any appeal, unless England Golf has determined that it should hear the matter, in which case the England Golf Disciplinary Regulations will apply.
APPEALS – INTERNAL CLUB MATTERS
If the Respondent wishes to appeal a decision of the Disciplinary Panel to which Regulation 13 does not apply, they (the “Appellant”) must lodge the appeal to the Disciplinary Secretary in writing (an “Appeal Request”) within 14 days of the date of the Disciplinary Panel’s original decision being notified to the Respondent.
The Appeal Request must set out one or more of the grounds of appeal below and any further evidence on which the Appellant wishes to rely, together with reasons why the ground of appeal(s) applies. The grounds of appeal are as follows:
The decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it
Serious procedural or other irregularity in the proceedings before the Disciplinary Panel
Significant and relevant new evidence has become available which was not available before the conclusion of the hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially different decision, and/or
The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
Following receipt of a Notice of Appeal, the Disciplinary Secretary shall consider whether the Notice of Appeal is valid, that is received in time and sets out a valid ground or grounds of appeal (but not whether any grounds of appeal have been made out). If the Disciplinary Secretary considers that the Notice of Appeal is not valid, he will return it to the Respondent and explain why it is not valid.
If the Disciplinary Secretary considers that the notice of appeal is valid, the Disciplinary Secretary will consider whether at least one ground of appeal being established, in which case the Disciplinary Secretary will appoint an Appeal Panel comprising 3 individuals who have had no prior involvement and have no actual or potential interest in the matter. If the Disciplinary Secretary does not consider that a ground of appeal has been established he will inform the Respondent with reasons.
The Appeal Panel shall determine whether an appeal of a Disciplinary Panel decision shall be by way of review only or a full re-hearing of all the evidence presented to the Disciplinary Panel, with due consideration being given to any requests made by any relevant party.
An Appeal Hearing may deal with an appeal on the basis of written submissions from the Appellant and the Respondent or by way of an oral hearing. If any party requests an oral hearing, then this will be facilitated unless exceptional circumstances mean that an oral hearing is impracticable.
The procedure for an Appeal Hearing shall be flexible and shall be at the discretion of the Appeal Panel, 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 standard hearing procedure for disciplinary hearings set out at Appendix 1 may also be followed by the Appeal Panel at their discretion.
The Appeal Panel shall have the power to:
Dismiss the appeal;
Remit the matter for a re-hearing by the Disciplinary Panel;
Remit the matter for a re-hearing by a new Disciplinary Panel made up of different individuals than those originally appointed;
Substitute an alternative finding;
Reduce or increase the original sanction; and/or
Make such further order as they consider appropriate.
The decision of the Appeal Panel may be communicated at the Hearing, but must, in any event, be communicated in writing within 7 days of the hearing or deliberation of written submissions taking place.
Decisions of the Appeal Panel on matters to which Regulation 13 does not apply are final, with the proviso that The Yorkshire Union of Golf Clubs may be asked by the club, at the complete discretion of the Appeals Panel, to hear a further appeal on matter primarily concerned with; The playing of the game, for example, breaches of the Rules of Golf at YUGC Events and The Rules of Handicapping.
Compliance with the membership rules of YUGC and of England Golf,
for example, where the club has not complied with the Terms & Conditions of Affiliation; the fair and equitable handling of disciplinary and grievance matters, for instance if there is reasonable doubt that an internal club appeal can be sufficiently independent. The club recognises the right of appellants to appeal to the YUGC and will cooperate with any resultant process. If the Yorkshire Union of Golf Clubs declines to hear an Appeal the decision of the Appeals Panel is final.
APPENDIX 1
STANDARD DISCIPLINARY HEARING PROCEDURE
If deemed to be required, prior to any hearing, the Disciplinary Panel will set appropriate deadlines for the submission of any written evidence / representations requested from the Disciplinary Secretary or the Respondent.
The hearing will be convened by the Disciplinary Panel at a time suitable to the parties and communicated to the parties by the Disciplinary Secretary.
The case against the Respondent will be presented by the Disciplinary Secretary, together with relevant evidence, including witness evidence, if appropriate.
The Respondent will be granted the opportunity to present its case, challenge the evidence presented against them, submit their own evidence, call witnesses and make representations to the Disciplinary Panel. The evidence of further witnesses not notified in accordance with the Regulations will be admitted only at the discretion of the Chair of the Disciplinary Panel.
A Representative representing a Respondent at a hearing may present and sum up their case, but they may not answer questions put to the Respondent.
Before being called, witnesses will not be allowed in the room while evidence is being given. This does not apply in relation to the Complainant or Respondent.
Questions may be put by the Disciplinary Panel to the Respondent and each witness on conclusion of their evidence.
The Respondent will have the opportunity to raise questions in cross-examination.
The Disciplinary Panel may limit cross-examination as it deems appropriate.
The Respondent and the Disciplinary Secretary will be allowed to make a closing statement to the Disciplinary Panel.
The room will be cleared and the Disciplinary Panel will deliberate and determine whether, on the balance of probabilities, the disciplinary charge has been proven.
The hearing will reconvene and the Chair of the Disciplinary Panel shall either communicate its decision to the parties at the end of a hearing or notify the decision in writing at a later date as set by the Disciplinary Panel.
Where a charge is proven the Respondent will have the opportunity to present arguments in mitigation.
The Disciplinary Panel will review the Respondent’s previous disciplinary record, where relevant, to consider sanctions.
The room will again be cleared and the Disciplinary Panel will determine the appropriate sanction.
A record kept of all disciplinary proceedings and hearings and decisions.