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

1. DEFINITIONS
   1. 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.

1. 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.

1. APPEALS – ENGLAND GOLF FRAMEWORK
   1. 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.

1. 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.
   1. 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:
      1. 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;
      1. Serious procedural or other irregularity in the proceedings before the Disciplinary Panel;
      1. 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
      1. The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
   1. 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. 
   1. 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.

1. APPEALS – INTERNAL CLUB MATTERS 
   1. 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.
   1. 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:
      1. 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
      1. Serious procedural or other irregularity in the proceedings before the Disciplinary Panel
      1. 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
      1. The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.
   1. 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. 
   1. 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. 
   1. 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.
   1. 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.
   1. 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.
   1. The standard hearing procedure for disciplinary hearings set out at Appendix 1 may also be followed by the Appeal Panel at their discretion.
   1. The Appeal Panel shall have the power to:
      1. Dismiss the appeal;
      1. Remit the matter for a re-hearing by the Disciplinary Panel;
      1. Remit the matter for a re-hearing by a new Disciplinary Panel made up of different individuals than those originally appointed;
      1. Substitute an alternative finding;
      1. Reduce or increase the original sanction; and/or
      1. Make such further order as they consider appropriate.
   1. 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.

1. 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.

1.  

APPENDIX 1

STANDARD DISCIPLINARY HEARING PROCEDURE

1. 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.

1. The Respondent and the Disciplinary Secretary will be allowed to make a closing statement to the Disciplinary Panel.

1. 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.

1. 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.

1. Where a charge is proven the Respondent will have the opportunity to present arguments in mitigation.

1. The Disciplinary Panel will review the Respondent’s previous disciplinary record, where relevant, to consider sanctions.

1. The room will again be cleared and the Disciplinary Panel will determine the appropriate sanction.

1. A record kept of all disciplinary proceedings and hearings and decisions.