LONDON IRISH ARFC (LIARFC) DISCIPLINARY PROCESS
1. The disciplinary process will endeavour to adhere to the procedures and sanctions laid down by the RFU and our constituent body, Surrey County Rugby. The disciplinary process will follow the principles of natural justice.

2. The disciplinary process is governed by the Disciplinary Committee of LIARFC (“the Rugby Club”), whose terms of reference are available from the Club Secretary or are to be found on the Rugby Club’s website, LIARFC Club Website and in the Disciplinary Process policy.

3. The Disciplinary Committee will consist of no less than 3 Members including the Chairman of the Rugby Club (“Chairman”), the appointed Disciplinary Officer and the relevant Chair of Rugby. The attendance of the Disciplinary Officer at all internal hearings is mandatory however if any other Member of the Disciplinary Committee is unavailable, an alternative appointee from the Executive board will be invited by the Disciplinary Officer to deputise.

4. Any event which takes place which may result in a complaint or a grievance , internally or externally, which is connected to or associated with or incidental to any rugby related activity involving a Member of the Rugby Club, which may invoke the disciplinary process of either the RFU or Surrey RFU or the Rugby Club and/or may give rise to a breach of the Rules of Rugby or the Rugby Club’s Constitution or the Code of Conduct, will require an Incident Report Form report to be completed to initiate an investigation by the Disciplinary Committee. This report will include the names, addresses, telephone numbers, e-mail addresses of witnesses, contact details of who saw and/or heard what occurred.

5. Any safeguarding issue, internal or external, raised to the Club Safeguarding Officer will be submitted for internal review to the Disciplinary Officer and the Disciplinary Committee. This should be completed prior to any report being made to an external body including the RFU and/or Surrey and/or any other constituent body or third party.

6. Where possible, an individual appointed to complete an Incident Report Form report should be independent of the incident itself, unless a Member is reporting a personal complaint which extends to a breach in the code of conduct and amounts to a grievance. On receiving a personal incident report form, the Disciplinary Committee will consider this complaint by following the process detailed in Appendix 1, the Disciplinary Hearing.

7. Any incident must be reported immediately to the Chairman and/or Secretary and/or Chairman of the Section as soon as practicable and be followed up with a completed and more detailed Incident Report Form report.

8. The Incident Report Form, located on the website at LIARFC Policies, should be completed in triplicate. The individual completing the Incident Report Form will retain one copy. The remaining copies will be given to the Disciplinary Officer and the Chairman of the Section. An electronic/email copy to all parties is acceptable.

9. Where a Member of the Rugby Club is subject to or is likely to be subject to a report from an RFU or Surrey or any other Constituent Body referee, the Disciplinary Officer will convene a formal Internal Disciplinary Hearing. This internal hearing should include at least one other Member of the Disciplinary Committee. This initial internal hearing should consider whether there is a prima facie case for the Player to have an internal sanction imposed. The Disciplinary Committee may consider that no action will be taken until the referee’s report is received. Any temporary sanction will be taken into account at any subsequent disciplinary hearing.

10. Where any incident is not subject to a referee’s report, upon receipt of an oral or written report that may give rise to a breach of a Code of Practice or the Rules of Rugby, the Disciplinary Officer may appoint a Member of the Executive Board to investigate the complaint. If the complaint is made orally, the Disciplinary Officer or the Member of the Executive Board appointed, at their discretion, may request the report to be made in writing before any investigation takes place. The Member of the Executive Board will report to the Disciplinary Officer following the investigation. It should be noted that if there is a sending off or an incident involving a player under the age of 18 or an incident involving any Member of the Rugby Club, spectator or bystander (whether a Member of the Rugby Club or not), the Disciplinary Officer shall have the jurisdiction to investigate.

11. The process followed thereafter will be decided by the Disciplinary Officer and the Disciplinary Committee. If the situation is one where the referee’s report is awaited, on receipt of the referee’s report, or otherwise, the options can include but not limited to:
a. Require further investigation.
b. Convene an Internal Disciplinary Hearing.
c. Defer convening an Internal Disciplinary Hearing until some other event takes place or information is obtained.
d. Decide not to convene an Internal Disciplinary Hearing.

12. The Disciplinary Officer will direct the Disciplinary Committee when to hold an Internal Disciplinary Hearing on a case by case basis. Any hearing should endeavour to take place in a timely manner, ideally no later than 7 days following the incident. An internal hearing will be held onsite at the LIARFC Clubhouse on a date and time convenient to those required to attend.

13. The Disciplinary Officer will share the substantive complaints/concerns detailed in the incident report form with the person(s) against whom the complaint/concern is registered in advance of an internal hearing if they deem this to be in the best interests of natural justice and/or facilitates a better-informed hearing. This option remains at the discretion of the Disciplinary Officer and may be employed on a case by case basis.

14. An Internal Disciplinary Hearing will normally take place when any written Incident Report form is received, unless exceptional circumstances dictate otherwise.

15. An internal disciplinary hearing will be managed and adjudicated by the Disciplinary Committee. The attendance of the Disciplinary Officer is mandatory however if any other Member of that Disciplinary Committee is unavailable, an alternative appointee from the Executive board will be invited to deputise.

16. The Disciplinary Officer will determine the manner in which the hearing should proceed and communicate their decision to all interested parties taking into account Appendix 1 (Discipline Procedure Hearing).

17. The Disciplinary Officer will determine what evidence is to be called before the Internal Disciplinary Panel taking into account the witnesses and any additional context or character references required to reach an informed decision.

18. Any Member/person, who is the subject of an Internal hearing, will be invited to name any witnesses they wish to present evidence on their behalf. It is the Member’s responsibility to organise any witnesses that he/she wishes to call in front of an internal hearing and the Disciplinary Committee. The Disciplinary Officer will follow the process detailed in Appendix 1, the Discipline Procedure Hearing.

19. The internal hearing and the Disciplinary Committee will hear the evidence and come to a decision. Where the Internal Disciplinary Panel decides that the Member is in breach of the Rules of Rugby or the Rugby Club’s Constitution or the Code of Conduct, it will determine what penalty or sanction, if any, is appropriate. The Disciplinary Committee will take into account the recommended procedure and penalties laid down in the current RFU Handbook, the Clubs Articles of Association specifically Article 9.1.1 and 9.1.2 and the Club Code of Conduct.

20. The LIARFC Articles of Association 9.1, 9.2 and 9.3 and all sub clauses may be invoked as a consequence of a disciplinary hearing. Sub clause 9.1.2 specifically assigns power to terminate or suspend for such period as it thinks fit the Membership of or to reprimand a Member for any conduct prejudicial to the interests of the Club or Game. The procedure for the exercise of this power shall be prescribed by the Committee. The Committee for clarification is the LIARFC Executive and the representative Disciplinary Committee body.

21. The decision of the Disciplinary Committee will be communicated in writing to the Member / individual within a reasonable period, which will vary depending on the circumstances. The Disciplinary Officer will prepare a report of his findings for the Executive Board.

22. Any Member/Individual, who is the subject of an Internal hearing but who declines or fails to appear and represent on their behalf at that hearing, will have a decision issued in their absence. All reasonable requests to postpone or rearrange an internal hearing will be considered but in the interest of expediency and fairness for all parties, the original hearing date will be preferred.

23. The decision of the Disciplinary Officer resulting from an internal hearing, is final.

24. Any decision, issued by the Disciplinary Officer as a result of an internal hearing may be appealed to the President of the Rugby Club provided that the Appeal is made in writing and served on the Club Secretary 14 days after the date on which the Member of the Rugby Club receives the internal hearing decision. The President will determine whether an appeal will be permitted and if so, the manner in which the Appeal will be heard at his/her discretion.

EXTERNAL DISCIPLINARY HEARINGS

25. Where a Member of LIARFC is required to attend a Disciplinary Hearing organised by the RFU or Surrey RFU, an internal disciplinary hearing will convene in advance of this external hearing. The Member may receive an internal club sanction relevant to the pending external hearing. The Disciplinary Committee do not need to rely upon the outcome of any external hearing and they reserve the right to form a decision independent of an external hearing.

26. Where a Member of LIARFC is required to attend a Disciplinary Hearing organised by the RFU or Surrey RFU the Club Secretary will share with that Member the relevant documents received, to include items such as the referee’s report.

27. Where a Member of LIARFC is required to attend a Disciplinary Hearing organised by the RFU , Surrey RFU or any other constituent body or external body, the Disciplinary Committee will make the individual aware of their right to call any evidence that he/she may wish to rely on in their defence, relating to fact or character. The Disciplinary Committee will discuss the alleged offence, explain the procedure and possible penalties that the individual may face. A Member of the Disciplinary Committee will support the Member at the external Disciplinary Hearing. LIARFC (the club) or the Disciplinary Committee cannot impact the decision of the external hearing.

28. It is the Member’s responsibility to identify any witnesses to attend an external Disciplinary Hearing. It is the Member’s responsibility to organise any witnesses that he/she wishes to call in front of an external hearing.

29. The LIARFC Club Secretary will ensure that a current version of the Rules of Rugby and the Club Codes of Conduct are published on LIARFC Policies .
APPENDIX 1 - DISCIPLINE PROCEDURE HEARING PROCESS
Disciplinary Committee; the Chairman of the Rugby Club (“Chairman”), the appointed Club Disciplinary Officer and the relevant Chair of Rugby. A committee member may be deputised by another appropriate person if required to conduct a thorough and fair hearing.
Chaired by: The Disciplinary Officer
STAGE 1 – INTRODUCTION & HEARING
The procedure to be followed, 1 to 5, will be outlined by the Chairman.
1. The Charge (s) will be read.
2. Any written evidence, including the Incident report form, will be read to the Member/Individual being reviewed. Written evidence may be read but cannot be cross examined by the Member/Individual being reviewed. The Disciplinary Committee will take written evidence into account and say so in any judgement.
3. The Member / Individual being reviewed will be invited to give their account. The Disciplinary Committee will question and seek clarification and further information during this interview. The committee may ask questions of clarification.
4. Witnesses in support of the Member / Individual being reviewed will be called individually. Witnesses are considered as People who actually witnessed the incident complained of.
5. Hearsay evidence is permitted under RFU rules but the committee will take into consideration that it cannot be tested therefore should only be given appropriate consideration.

STAGE 2 – THE DISCIPLINARY COMMITTEE DELIBERATION
1. The Disciplinary Committee will deliberate and make its decision on the balance of probabilities and natural justice. The Disciplinary Officer will have the final judgement.
2. Where possible a verbal decision will be issued immediately after this internal hearing to the Member / Individual being reviewed. If the charge is found proven, then the matter turns to sanctions. Move to Stage 3
3. If the deliberation has not established a decision, the Disciplinary Committee will advise the Member / Individual that further time is required and a written decision will follow within 7 working days unless a further extension is required.
4. The Disciplinary Committee reserve the right to meaningfully consult and consider all the facts and information regardless of the length of deliberation.
5. Depending on the outcome, Stage 3 will be invoked or the incident is adjudicated as complete and no further case to answer.
STAGE 3 – PENALTIES/ SANCTIONS
1. Using the RFU tariff the panel will decide the entry level based on the information they have received during the hearing.
2. Aggravating and mitigating factors will be considered
3. Having taken account of the aggravating and mitigating factors noted above, the Panel will decide on an appropriate sanction.
4. The Disciplinary Officer will prepare a written and final stage letter to the complainant and the Individual complained, their findings. This letter will contain the decision of the Disciplinary Committee and any sanctions/penalties being imposed. This communication may record a decision of incident dismissed and no sanctions/penalties imposed.
5. The complainant and the individual complained of have the right to appeal to the Disciplinary Officer within 5 days of the decision. Only newly admitted evidence or persuasive reasoning will support a secondary hearing.
TARIFF / SANCTION:
If a decision is upheld by the Disciplinary Officer, they will then be required to consider the appropriate sanction. The seriousness of the Individual’s actions is the first assessment the Disciplinary Committee must make in order to determine which of the three entry points (lower end, mid-range and top end) is the most appropriate. They will also determine the appropriate entry point based on an assessment of a number of particular characteristics of the Individual, including whether or not they were reckless or intentional, whether or not they caused any injuries, whether the behaviour complained of was intentional, consistent or grievously unacceptable. The Disciplinary Committee will take account of any mitigating actions, such as a guilty plea, a good disciplinary record, the Individuals previous conduct and expressions of remorse. The Disciplinary Officer reserves the right to exercise leniency and good judgement when dispensing a sanction which may not be explicitly prescribed below.

The tariff / sanction bands are but not limited to:
1. No action or sanction – charge not upheld
2. Verbal Warning – recorded
3. Written warning – recorded and superseded by immediate final written warning on reoffence or subsequent offence
4. Final Written warning – recorded and superseded by immediate suspension on reoffence or subsequent offence
5. Suspension, period to be defined on a case by case basis
6. Permanent loss of Membership
7. Life time ban

The Disciplinary officer has, at their discretion, the right to commune certain requirements on an individual as a consequence of a hearing, despite and in addition to the tariff / sanctions already imposed.