100 Marathon Club Members Disciplinary Guide – effective 10th November 2019

12-11-2019

100 Marathon Club Members Disciplinary Guide – effective 10th November 2019

 

This Guide Is subject to Law and the Data Protection Act. Your Statutory and Legal Rights are unaffected.

 

All reports of grievance or alleged misconduct must be reported directly to the Welfare Officer.

 

If the Welfare Officer believes that they may have a personal or pecuniary interest in the matter then they may forward the matter directly to the Club Secretary.

 

INFORMAL COMPLAINTS;

 

All reports will be acknowledged, upon receipt, by the Welfare Officer.

 

The Welfare Officer may select to mediate the matter informally, whenever possible and appropriate, in order to find the best solution and outcome.

 

The form of communication media required is not defined if the Member wishes for the incident to remain informal and their identity to remain anonymous.

 

If a Member wishes that their grievance or complaint to remain informal, then anonymity will be respected.

 

If the Complainant is satisfied with the outcome then the matter will be considered closed.

 

FORMAL COMPLAINTS:

 

All reports will be acknowledged, upon receipt, by the Welfare Officer.

 

All Formal Complaints or Grievances must be made in writing via means of email or written document to the Welfare Officer. A version of compatible Word Doc or Adobe PDF is acceptable but will require a handwritten signature of the Complainant.

 

The Welfare Officer may choose to make attempts with the Complainant to resolve the matter informally in order to speed up the Process and for ‘common sense’ to prevail.  However, the Complainant may choose at any time to move the matter into a Formal Process if they wish to do so.

 

Anonymity will be respected up until the point that the Complainant wishes for a Formal Process to begin against the alleged Person(s) or Organisation.

 

COMPLAINTS AGAINST ORGANISATIONS:

 

If a Member has been disqualified during or after a race or has been banned from future races by an Organisation then this matter is outside of our remit and this matter must be dealt directly with that Organisation.

 

If a Member presents a grievance pertaining to a specific Race (or series of Races) in the future then the 100MC Constitution will be referred to.

 

If any Member has queries about an event that they have already entered and completed then you must provide the Welfare Officer with as much information as is possible about your experiences in the event if you wish to complain.

 

This may include details about the distance completed, 100MC qualification criteria, use of 100MC logo, Equality and Diversity Issues, results publications, trail/ road/off road authentication, ultra marathon categorisation, alleged cheating of athletes, etc.

 

Any complaint against an Organisation must state its relevance to the 100MC Constitution and what the expectations are from the 100MC.

 

The Welfare Officer will respond, on your behalf, to the Organisation concerned and will respect your anonymity for as long as possible. (If the Welfare Officer needs to reveal your identity in order to proceed then your permission will be sought in advance of this.)

 

COMPLAINTS AGAINST INDIVIDUAL MEMBERS:

 

In order for the Formal Process to continue discretely and professionally, the Welfare Officer demands that neither of the party or parties involved indulge in any Social Media (Facebook, Instagram and Forums etc) regarding the allegations or characters of the parties involved.

 

Upon written notice to the Welfare Officer of a Complainant’s wish to begin a Formal Process, the Welfare Officer will make all attempts to contact the Defendant(s) privately and discretely.

 

The Welfare Officer may approach the Club Secretary and ask for the contact details of any parties concerned.

 

The Defendant(s) will be allowed to view all documented evidence that has been presented to the Welfare Officer. This may include written documents from third parties as well as Electronic Media (texts and recorded calls) and Social Media (screenshots from Facebook, Instagram and Forums etc).

 

At this point, the Defendant may wish to counter-claim against the Complainant.

 

All parties must accept that only the Welfare Officer will mediate all communications between the Complainant and Defendant(s). This may be communicated by private email address, telephone or written documentation.

 

The Welfare Officer may request for a Personal Hearing. This may be held via a Video Link. In this instance, the Welfare Officer may be assisted by a Full or Co-Opted Committee Member.

If a Personal Hearing needs attendance by all parties then the Venue will be appointed by the 100MC Committee, bearing in mind the geographical nature of the Complainants, Defendants and where the alleged instances occurred. The costs incurred by the Club will also be considered.

 

It is the intention of the Welfare Officer to accept all evidence, whether relevant or irrelevant, and to only decide their relevance to the Case once all evidence is collated.

 

On completion of the investigation the Welfare Officer will decide whether or not that there is a ‘Case to Answer’ by the Defendant(s).

 

If there is ‘No Case to Answer’ then the matter is considered closed.

 

If there is a ‘Case to Answer’ then the Welfare Officer will forward the full details of the Case to the Club Secretary. The Welfare Officer may add their recommendation to the Club Secretary of which appropriate sanction, or sanctions, that may be imposed (this may also include a recommendation of no imposition of any sanctions at all).

 

The Club Secretary will make the final decision of which, if any, sanctions are imposed upon Members or Organisations.

 

SANCTIONS:

 

The sanctions imposed upon a Club Member by the Club Secretary will be considered final unless the Member lodges an official Appeal to the Welfare Officer.

 

Sanctions upon a Club Member by the Club Secretary may include the following......

 

a) Verbal Warning to Future Conduct

 

b) Written Warning to Future Conduct

 

c) Final Written Warning to Future Conduct

 

d) Temporary Loss of Membership of the 100MC

 

e) Permanent Loss of Membership of the 100MC

 

f) Temporary Removal from Elected or Non-Elected Position within the 100MC

 

g) Permanent Removal from Elected or Non-Elected Position within the 100MC

 

h) Refund of out of pocket expenses to the Complainant

 

i) Refund of out of pocket expenses to the 100MC

 

Sanctions against an Organisation may include the following........

 

a) Temporary Removal of Events that are listed on the 100MC website

 

b) Permanent Removal of Events that are listed on the 100MC website

 

c) Temporary Loss of 100MC Membership of the concerned Organisation’s Officers

 

d) Permanent Loss of 100MC Membership of the concerned Organisation’s Officers

 

e) Refund out of pocket expenses to the Complainant

 

f) Refund out of pocket expenses to the 100MC

 

Once all methods of Appeal have been exhausted (please refer to Appeals Process below), the 100MC reserves the right of.......

 

a) Making claim for extraordinary financial expenses incurred to the 100MC during the Process

 

b) Reporting of incidents to Legal Authorities (Police, CPS, etc)

 

b) Reporting of incidents to the Governing Bodies of Athletics (UKA, IAAF, etc)

 

c) Reporting of incidents to other collective marathon Organisations (London Marathon Ltd, World Marathon Majors, USA Marathon Maniacs, etc)

 

d) Reporting of incidents to Organisers of UK & Ireland Marathon Races that publish their events on our website (Enigma Running, SVN, Hermes, Phoenix Running, firstandlastrunning, EnduranceLife, Mud Crew, CODRC, Centurion, CODRC, LWDA, etc)

 

APPEALS PROCESS:

 

If the Claimant or Defendant believes that they have not been treated fairly during the Process, or are not satisfied with the outcome, then they must lodge the Appeal directly to the Welfare Officer within fourteen days of the final outcome of the Complaint.

 

The Welfare Officer will acknowledge that they have received this Appeal.

 

The Appellant must give full details of the nature and reasons for their Appeal to the Welfare Officer.

 

The Welfare Officer will collate all available evidence from all parties concerned and deliver this as a completed document to the Club Chairperson.

 

The Welfare Officer will be entitled, during the Appeals Process only, to present evidence on behalf of the Club or any Member.

 

The Club Chairperson will review all information pertaining to the Case and will consider the sanction that has been imposed.

 

The Club Chairperson may decide any of the following......

 

a) Accept the sanction

 

b) Dismiss the sanction

 

c) Reduce the severity of the sanction

 

d) Increase the severity of the sanction

 

The Appeals Process is the final stage of the 100MC Disciplinary Guide and the outcome will be final and absolute. This does not affect your rights to proceed with the matter elsewhere.

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