A delicate situation
We have recently had allegations of very poor behaviour at the club, which has led to a formal complaint.
The club is constituting a conduct and disciplinary sub-committee to investigate the allegations, and I, as lead director for the club, have been asked if I will be part of it. I have said I am happy to be involved, but that perhaps my involvement should be as an advisor as to what the law (including BB@B) says, rather than on the actual sub-committee.
There is some part of me that thinks that as lead director I should maintain some independence. Do people think this is right, or am I getting fussed about nothing? The only real practical difference is whether I would vote on the outcome.
On the same matter, what options do I have for applying a disciplinary penalty when the directors on the evening did not? They are both excellent directors and I don't yet know the full story, so this is just in theory. The players have not appealed, but does the raising of a formal complaint have the same effect? I am just looking at possible score penalties, which are outwith the disciplinary sub-committee's remit.
Taking this a bit further, if opponents behave badly, and director just warns them (or does nothing), can this be appealed against?
Comments
Emotions can run high in such situations. I think I'd take the approach you suggest and keep the whole situation at arm's length. Let those who care to wield power play with that power.
As for a retrospective DP, I'd leave it in the hands of the director of the night but maybe have a word with the players involved, warning them that the club will not tolerate bad behaviour. It might also be worth emailing your cadre of directors to offer them guidelines on poor behaviour and appropriate penalties.
As to the final question, Law 92A says, in part "A contestant or his captain may appeal for a review of any ruling made at his table by the Director." I have seen an appeal made and won based on the TD's failure to award a PP to an opposing player.
An appeals committee can apply its own procedural or disciplinary penalty if a ruling is appealed and they consider the director has been too lenient, or reduce the TD's procedural penalty if they think it was too severe. I don't think a conduct committee should interfere with the scoring of an event. Its sanctions should be of the nature of suspension from the club, or "binding the offender over to keep the peace".
I know that a TD's application of a penalty can be appealed, but appealing a warning seems to be taking things a little too far. There are a number of contributors to discussion forums who insist that warnings are penalties of 0 points, but this makes about as much sense as claiming that a warning from a police officer for a traffic violation is a fine of £0.
Jeremy there are two very separate things going on here.
Take care not to confuse Appeals and Disciplinary Procedures.
If the Club has formed a Conduct and Disciplinary Committtee then your constitution probably makes the Disciplinary Procedure that needs to be followed clear and this is more serious than appealing a director's ruling.
It's very important that no discussion of that matter, nor any attempt to ameliorate it happens outside of those Committees as this could prejudice the outcome (I served on the Suffolk Conduct Committee for a number of years). Feel free to message me if you want to discuss the process - I obviously can't discuss the case.
The Conduct Committee typically has the the power to: decide no case to answer; issue a verbal warning which may be documented; or deem a verbal warning insufficient and refer to a disciplinary committee who will investigate further and have a wider range of sanctions (fines, suspensions, bans etc) available.
The key test of whether you may be on either Committee is typically whether you were ' in any way personally
involved in the allegations within a complaint'. If you were you are probably not allowed by your constitution to act on either Committee. If not I would ask myself are my skills needed on either Committee.
I doubt your club has that many suitable people to call on for these committees so if not excluded you may very much be needed.
An Appeal of a director's ruling is a very different matter - be careful not to confuse the two.
Gordon has already very ably answered that part of your question and WB 1.7.11 may also be worth a look.
Peter Bushby Suffolk