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The Disciplinary procedure a Duffers Guide
As with all Duffers guides, this is just an overview. If
you need more information, email the vicepresident who
looks after disciplinary matters.
So you want to make a complaint.
The most important thing is; put
it in writing.
EADA will not act on verbal complaints. The reason for this
is that by only going on written complaints, we avoid any
confusion between mere grumbles of dissatisfaction
and
actual complaints. Also, by getting things in writing, its
clear exactly who is being accused of what.
So how to do that. The easiest way is to email the EADA office
(president@eada.org.uk) or send them a letter. I would
suggest that you make it clear that you wish to complain
about an EADA member in your correspondence.
You need to provide a detailed description of your
complaint, who where and when - that sort of thing, and give
as much back up evidence as you can - documentary evidence,
names of witnesses and so on. Now, no one is expecting
forensic evidence with DNA profiling or
Quincy
running about
all over the place solving crimes (that dates me!) , just
provide all the supporting evidence that you can.
This sets the wheels in motion.
What happens next.
First, the EADA office will look at the submission and decide
if there is indeed a case to answer. Before you all jump
up
and down
protesting that all written complaints should go before the
Beak, remember some are as mad as a box of frogs. I'm sure
dear reader, yours would be very reasonable!
If it is felt that there is a case to answer, the matter
is passed to the Vice President . He will then send
a letter to the "accused" outlining the complaint and asking
for a response, at the same time,
he will assemble a disciplinary committee.
The committee is made up of the VP, and three other members
of the Council. He will try to ensure that there is no conflict
of interest, if it is an Amateur he would not have an
Amateur on the board and conversely if it is a Senior the
VP would avoid the
Seniors. Remember, the objective is to be as fair as possible
to all concerned.
Someone has made a complaint against you
What happens? Well the first you may know of this is the
letter from the Vice President and it will explain the process
to you. You will have a set period to answer the charge against
you in writing.
If you have any questions about what you have been accused
of, which rule has allegedly been broken, ASK. Send an email
to the VP asking for clarification. If you can't make the
deadline for a reply for any reason, inform the VP as soon
as possible. If in any doubt - get in touch! Keep everything
in writing so you can refer back to it later if you need
to. The VP is there to ensure that everyone gets a fair hearing
-
He
is
not there
to prosecute you.
The committee
may well gather further information to give as complete a
picture as possible.
The committee does not use the adversarial approach that
we have in the law courts, we don't have a prosecutor and
a defense,
no one wears a white wig and unfortunately no one ever stands
up and shouts "Objection M' Ludd!". We just have the committee
looking at the facts and considering which arguments
to accept and which to reject.
Here's three frequently asked
questions
1 Who has accused me?
I know if I was accused, I'd want to know who the scoundrel
was and give them a solid biff on the hooter. Or
get my own back by grassing them up too the stoolies! And
that is exactly why we keep the identity of the accuser confidential
if we can. We don't want to end up with a long running 'blood
feud'. By the way, EADA will not act on an anonymous complaint.
These may be noted, but
no further
action
will be
taken.
2 Who is on the disciplinary
committee?
I know if I was accused, I'd want
to know who the scoundrels on the committee are and give
them a solid biff on the hooter. Guess what? Yup! Its confidential
too. In fact not even other members of the council are informed.
This also avoids those with an interest in the
case buttonholing the committee members at comps trying to
sway their opinion.
3 Why can't I attend the meeting to put
my side of the story?
There are a number of reasons for
this. All the information is gathered in written form. This
way if there is any dispute later, we all have the written
evidence to fall back on. We don't have to get in a court
stenographer to record who said what. We can not expect members
who live long distances away
to
attend meetings.
It
would
either cost the individual or EADA shed loads in travel
costs that should really go on dancing. This is why it is
so important that you provide all the information that you
can to back your case. If, having read all the information
provided, there is still doubt, the committee will ask for
further clarification, but it is best to give 'em everything
first time of asking.
The Verdict
Once the committee has had a good look at all
the facts, they come to their decision. If need be this comes
to a vote
with the VP being the non voting Chairman. If they find
that there was no case to answer, then that's the end of
the matter
and all parties will be informed. If they decide that
yes, there has been an infringement of the rules, they then
decide
what
course
of
action to take
next.
The sanctions that are decided against the individual
will be based on the seriousness of the misdemeanor and what
actions have been taken in similar cases. Again this is
given a lot of thought and the board will endeavor to make,
as the Mikado would say "the punishment fit the crime" .
Hanging
is currently not on the agenda, and in a moment
of political correctness gone mad keel- hauling is also no
longer
permissible.What is the world coming to?
Once the board has come to its decision, the parties concerned
are informed in writing.
The Appeal
If you wish, you can appeal against the decision. If this
happens, all the relevant facts are given to the President
who will review the case. This is one reason why its so important
to get everything in writing.
He has the option to uphold or not uphold the decision, reduce
or increase the sanction. He also has the option to bring
the case before the entire council if he believes this necessary.
Once the case is over, all papers are gathered in a sealed
envelope and stored at the EADA office.
And that Ladies and Gentlemen is the
disciplinary process well and truly duffered.
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