Complaints
& Disciplinary Procedure Of the GSDL Working Dog Branch
This document refers to Section 13.2 of the Constitution
of the GSDL Working Dog Branch and is a procedural appendix
thereto. The Complaint & Disciplinary Panel
is to be made up of a permanent 4 person panel (unless directly
involved in a complaint or due to conflict of interest), sourced
from any Branch Club, (preferably Branch Club officers.) and
2 GSDL Working Dog Branch officers, (the Chairman and the
Secretary preferable unless directly involved in a complaint
or due to conflict of interest).
All minutes to be taken by the GSDL Working Dog Branch Secretary
(or the national officer appointed as secretary for the complaint)
and agreed by the panel.
The 2 officers will not be voting members of the panel. Exceptions
to this rule are:
- In the case of a split decision the Chairperson has the
deciding vote.
- Should a member of the panel be required to withdraw
due to being directly involved in a complaint or due to
conflict of interest the GSDL Working Dog Branch Secretary
(or the national officer appointed as secretary for the
complaint) would become a voting member. Where more than
one panel member is required to withdraw then an extra person/persons
can be co-opted onto the panel by the GSDL Working Dog Branch
Chairman
- All members of the panel are required to withdraw from
the panel if there is a conflict of interest Failure to
disclose any conflict or any direct involvement in any complaint
will be a disciplinary offence punishable by a mandatory
six-month suspension from the , GSDL Working Dog Branch,
including club-training rights
The Complaint
The complaint must be given to the trial organiser/club committee
at the time of the incident (in person) and in writing to
the GSDL Working Dog Branch within 7 days of the incident.
The written complaint must be accompanied with a £50.00
fee, refundable if the complaint is upheld. Where a complainant
wishes to remain anonymous, no disciplinary action can be
taken to protect members from spurious complaints.
There are two routes the panel can take, informal or formal.
Wherever possible the informal route should be considered
as the first course of action.
When faced with a potential disciplinary matter, the panel
must carry out a full investigation before taking any action.
They must consider:
- What the alleged breach of discipline is
- The surrounding circumstances
- The consequences of the breach
- The person's history and disciplinary record
- The evidence of witnesses
- Any other evidence that can shed light on the situation
- Any previous incidents that relate to this one
- Any mitigating circumstances eg health or domestic problems,
or provocation.
Once the panel has taken these factors into account,
review the evidence to determine whether:
- There is a case to answer
- There is an alternative to disciplinary action - eg,
an informal resolution
- The complaint is serious enough to require a disciplinary
hearing
It may be better to deal with minor cases of misconduct by
informal discussions, rather than through the disciplinary
procedure.
If this route is taken all conversations with persons accused
of any minor misconduct must be confirmed by letter, detailing
the complaint and the fact that they are accepting an informal
warning, a copy must be signed by the national secretary(or
the national officer appointed as secretary for the complaint)
and any person concerned.
If the situation justifies informal discussions:
- highlight the problem to the person
- explain what needs to be done to improve conduct or behavior
- outline how future conduct or behavior will be reviewed
and over what period.
- outline what further action may occur if the person fails
to improve their conduct or performance.
Any person accused of a minor infringement of GSDL Working
Dog Branch rules has the right not to accept an informal warning
and ask for a formal hearing.
For certain serious offences the panel may
need to suspend a person whilst a full investigation takes
place.
The panel must prepare carefully for a disciplinary
hearing:
- Carry out a full investigation
- Make sure you have all relevant facts and documents (including
details of any past disciplinary action taken against the
person including informal warnings) are available for the
hearing.
- Arrange a suitable time, date and venue for the hearing.
- Inform the person in plenty of time so they can prepare
their case and consult any representatives (minimum two
weeks).
- Give them details of the complaint the, procedure to be
followed the need for them to attend disciplinary hearing,
their right to be accompanied at the hearing by a representative
or friend, their right to delay the hearing by up to seven
days if their chosen representative cannot attend, and the
text of any witness statements if heavy reliance is to be
placed on them.
- Inform any witnesses who may need to attend.
- Obtain witness statements from any witnesses unable to
attend the hearing.
- Where necessary delay the hearing for witnesses to be
available.
- In cases where a person may be expelled or suspended from
the GSDL Working Dog Branch, all persons involved eg complainants/witnesses
and accused are required to attend. (Where the accused person
is thought to be deliberately delaying a hearing the hearing
can be held without them providing they have been informed
via registered / hand delivered letter that the hearing
will go forward without them present.
- Extensive note of any hearing must be taken
When holding a disciplinary hearing;
- Introduce everyone present and explain why they are there
- explain that the reason for the hearing is to consider
whether disciplinary action Should be taken against the
person
- explain how the hearing will be conducted
- describe the exact nature of the complaint and go through
the evidence
- allow the person to see any statements made by witnesses
if they have not already seen them
- give the person a chance to state their case and to respond
to any allegations made
- ensure that you get all the facts relating to the complaint
and take note of any special circumstances
- summarise the main points made by both parties and highlight
any issues that need to be investigated further
- adjourn to consider your decision
- reconvene to let the person know of your decision and
ensure that they are clear about what is likely to happen
next
Following a disciplinary hearing, the panel should
inform the person as soon as possible in writing of:
- The result of the hearing
- The reasoning behind the decision
- The consequences of repeating the offence and what
specific improvement is required, if any
- How long the warning is going to remain in force
- The likely consequences of repetition of the misconduct
Some reasons why there should be a hearing;
- Discrimination and harassment
- Health and safety
- bullying
- Drunkenness or drug abuse
- fighting
- Theft
- Animal abuse
- Animal cruelty
- Damage to property
Mileage expenses are to be paid to all panel members and
to witnesses, where required to attend.
Mileage expenses are to be paid to any person accused of
an offence and required to attend such a hearing where that
person is found to be innocent of an offence.
The Kennel Club shall be the final Court of Appeal in all
matters of dispute between the GSDL Working Dog Branch and
its Members the GSDL Working Dog Branch’s affairs and
management, no matter in what manner arising. On a point of
law legal opinion may be sought.
Any member who shall be suspended under The Kennel Club Rule
A24j (4) and/or disqualified under The Kennel Club Rule A42j
(8) shall ipso facto cease to be a member of the Society for
the duration of suspension and/or disqualification. If the
conduct of any member shall, in the opinion of the committee
of the society, be injurious or likely to be injurious to
the character or interests of the society, the committee of
the society may, at a meeting, the notice convening which
includes as an object the consideration of the conduct of
the member, determine that a Special General Meeting of the
Society shall be called for the purpose of passing a resolution
to expel him. Notice of the Special General Meeting shall
be sent to the accused member, giving particulars of the complaint
and advising him/her of the place, date and hour of the meeting
that he may attend and offer an explanation. If at that meeting
a resolution to expel is passed by a two-thirds majority of
the members present and voting, his name shall be forthwith
erased from the list of members, and he shall thereupon cease
for all purposes to be a member of the society, except that
he may within two calendar months from the date of such meeting
appeal to the Kennel Club upon and subject to such conditions
as The Kennel Club may impose”
If a Member is expelled for discreditable conduct in connection
with dogs, dog shows or trials, the matter must be reported
to The Kennel Club within seven days and particulars supplied
as required.
The German Shepherd Dog League of Great Britain Working Dog
Branch (GSDL)
Any publication, in whole or part, of the contents of this
document without the expressed written permission of the GSDL
Working Dog Branch National Council is prohibited |