Sport Governance Conference In Partnership with the Legal Panel Framework Cynhadledd Llywodraethu Chwaraeon Mewn Partneriaeth â’r Fframwaith Panel Cyfreithiol LEGAL WORKSHOPS GWEITHDAI CYFREITHIOL Disciplinary Policies and Procedures – Best Practice Polisïau a Gweithdrefnau Disgyblu – Arferion Carol Couse (Brabners Solicitors)

Disciplinary Policies and Procedures – Best Practice Sport Governance Conference Monday 28 October 2013

Summary Voluntary Code of Good Governance- how do the Code Principles impact on Disciplinary Rules and Procedures? Jurisdiction- how to ensure that the appropriate body properly takes jurisdiction over disciplinary matters The impact of disciplinary regulations on volunteers The role of Board Members How to avoid the legal and regulatory pitfalls?

Voluntary Code of Good Governance for the Sport and Recreation Sector Principles of good governance “help to preserve the integrity and independence of organisations and enable them to retain the freedom to administer the complexities of their sport, recreation, activity or region.” Good governance necessary so that sporting organisations retain control of their respective sport or recreation and have the ability to: - Preserve their reputation; - Create a good and safe environment for athletes and participants.

Voluntary Code of Good Governance for the Sport and Recreation Sector Self regulation- organisations best placed to make the right decisions for their sport, recreation, activity or area Public funding/ sponsorship- organisations must be able to demonstrate they are ‘fit for purpose’ Disciplinary rules and procedures- cornerstone of good governance- ensure they are proportionate to the needs of each sporting organisation.

Jurisdiction

Volunteers ‘Link’ required between the Sporting Organisation and the Volunteer Crucial that Volunteers are aware of existence and application of relevant rules and disciplinary procedures. Volunteers to be informed of changes to applicable policies and/ or procedures.

Volunteers 1) Apply Standard Disciplinary Rules/ Code of Conduct of the sport to Volunteers. e.g England Netball –Disciplinary Regulations apply to Connected Participants. “Connected Participant means any person who from time to time participates in netball by way of being a volunteer serving on the England Netball Board or a Regional Management Board, or a County Committee or Regional and County Associations’ technical or sub groups. For the avoidance of doubt, the Codes of Conduct and Disciplinary Regulations apply to Connected Participants involved in the Sport, including Non-Executive Directors of England Netball and Members of the Regional Management Board and County Association and their technical/sub groups, and other volunteers, regardless of whether they are a Member or not.” England Netball Disciplinary Regulations 2013

Volunteers 2) Make the right to participate at volunteer level conditional on compliance with a specific ‘Code of Conduct for Volunteers’. e.g. LOCOG – London 2012 “All members of the Workforce must comply with the Workforce Code of Conduct as a condition of engagement. You will be advised of any policy changes that affect the Workforce Code of Conduct” London 2012 Games-time Workforce Code of Conduct.

Volunteers 3)Ensure that the grant of a licence to fulfil a voluntary position (e.g. a position as an official) is contingent on acceptance of a code of conduct and/or the rules of the Sport. e.g. British Swimming “British Swimming has produced a Code of Conduct for officials which describes what is expected of officials. If a licence holder fails to meet the demands of holding a licence then the licence can be suspended or even revoked.” Officials, Qualification and Training – swimming.org

Volunteers 4) Compulsory training for Volunteers – deemed acceptance by Volunteers of standards of behaviour and disciplinary policies. e.g. Glasgow 2014, Commonwealth Games “All applicants for Volunteer positions must be available to attend at least three days of mandatory training. Extra training will be required for those Volunteers holding leadership positions.”

Directors Principles of the Voluntary Code of Good Governance to help sport and recreation boards achieve good governance: Integrity: Acting as Guardians of the Sport, Recreation, Activity or Area Standards, Systems and Controls Accountability and Transparency

Directors Compliance with Disciplinary Rules Consider if sporting organisation is a Limited Company? Personal Liability? Employment issues?

Directors Duties – Companies Act 2006 Duties if a limited company: to act within powers to promote the success of the company i.e. must act in way which if considered in good faith would best promote the success of the company

Directors Duties – Companies Act 2006 Duties to company not who appointed the director s171 – 177 Companies Act 2006 Not exhaustive

Directors Duties – Companies Act 2006 Duty to exercise independent judgment Duty to exercise reasonable skill, care and diligence Duty to avoid conflicts of interest Duty not to accept benefits from third parties Duty to declare interest in proposed transaction or arrangement with another company

Disciplinary Panel Who to determine? - internal/ external - experts in sport/ legal - no conflict/ bias Chairman- power to set directions? Rules/ guidelines for the Panel

Powers to discipline Requires a breach of a rule Provision in rules (e.g. Constitution/ Codes of Conduct)- provision for making and amending rules Ensure consistency with IF where applicable Publication On field- laws of the game- possibly prescribed sanctions save for serious breach Off field- e.g. doping/ “bringing the participant/sport into disrepute”/ match fixing/ betting/ social media

Powers to Discipline Sanctions- prescribed standard sanctions in rules? If discretion- exercise fairly, rationally and proportionately. Decision of referee/umpire?

Other Considerations Criminal Child Protection/ safeguarding Employment Anti-Doping

Challenges No jurisdiction Panel- not followed rules/ law Panel- not considered relevant evidence/ incorrectly considered irrelevant evidence Procedural unfairness/ contrary to natural justice Decision- not founded in fact Decision- irrational/ arbitrary Sanction- unreasonable/ restraint of trade

Any Questions? Carol Couse Partner Brabners LLP 55 King Street Manchester M2 4LQ Tel: Mob: