Tribunal rules

Tribunal Rules– 2011

 

1.     The purpose of a tribunal shall be to impartially consider the appeal of a previous member and to decide whether or not that person is to continue to be excluded from membership.

2.     A tribunal shall comprise of 2 elected Principle Officers and 10 other members to be selected at random by the committee. Neither the complainant nor the appellant can be included in the random selection process.

3.     Persons chosen to serve on the tribunal will be known as tribunal members.

4.     The member bringing the appeal will be known as the appellant.

5.     The appellant may advocate the case for him being re-admitted on his own behalf. Alternatively the appellant may select 1 person to address the tribunal for him. He will be known as the appellant’s advocate.

6.     The committee shall select 1 person to address the tribunal to advocate the case for the continued exclusion from membership of the appellant on behalf of the club. He will be known as the club’s advocate.

7.     The identity of the club’s advocate and the appellant’s advocate are to be notified in writing to the Tribunal chairman at least 18 days prior to the tribunal hearing.

8.     At least 21 days before hearing the appeal, the tribunal members shall elect one amongst them as a tribunal chairman. This election is to be undertaken with only tribunal members being present.

9.     The tribunal chairman will be responsible for the orderly conduct of the tribunal. Entirely at his discretion he will direct whether observers may be present, require that any person remove themselves from the hearing and halt and reconvene the hearing.

10.  Any tribunal member who fails to attend the tribunal without giving in writing, reasons acceptable to the tribunal chairman, will be considered to be conducting himself in a manner prejudicial to the Club.

11.  No decision taken by a tribunal of which less than 6 tribunal members are present, will be binding on the club or appellant.

12.  Any tribunal which is held beyond the 60 days after the appeal application will be legitimate, provided it is a reconvening in accordance with (9) or necessary due to an inadequate number of tribunal members being present as referred to in (11).

13.  All the decisions of the tribunal will be subject to vote called by the tribunal chairman and carried by a majority, the tribunal chairman having the casting vote. All voting is to be undertaken with only tribunal members being present.

14.  At least 14 days prior to the tribunal hearing, the identity of any witnesses to be called and a written synopsis of the evidence they shall give is to be submitted to the tribunal chairman, the club’s advocate and the appellant. No evidence of witnesses will be heard which does not accord with this requirement.

15.  At least 14 days prior to the tribunal hearing, copies of all documents to be presented as evidence are to be submitted to the tribunal chairman, the Club’s advocate and the appellant. No evidence will be considered which does not accord with this requirement.

16.  At least 7 days before hearing the appeal, the tribunal chairman will notify the club’s advocate and the appellant of the order in which the tribunal will hear the submissions and the time period for presentation within which each will be allowed.

17.  When the tribunal has reached a decision, the tribunal chairman shall inform the appellant of it and immediately thereafter make a simple written statement addressed to the club secretary stating the same. No reasons for coming to the decision will be required.

18.  The decision of the tribunal will be immediately binding on the club and the appellant.

19.  Any member found to have contributed to or been complicit in the presentation of dishonest or deliberately misleading evidence (whether written or oral) submitted to the tribunal will be considered to have committed gross misconduct.

20.  No more than 5 witnesses may be presented to the tribunal in support of each of the appellant’s or club’s case.

21.  In the event that the appellant, or the appellants advocate or the club’s advocate fail to attend the tribunal at the appointed time, the tribunal will choose from amongst themselves a single tribunal member to represent each of the club or appellant or both who would otherwise not be represented and the tribunal will proceed. The tribunal members so chosen will not take part in the vote.

22.  In the event that the appellant is successful in his appeal, he will pay the current membership fee to the club before being re admitted to membership of the club

 

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