Complaints Policy

 Principles

1.  Where possible Welsh Triathlon will seek to resolve complaints
 informally at a staff, volunteer officer or committee level.

2.  Where a complaint cannot be resolved informally, a formal complaint should be  made in writing to the Chairman. Formal complaints will be investigated by an  individual or panel appointed by the Board.

3.  It is intended that complaints procedures should be easily accessible, that all  complaints are fully and fairly investigated, and that the complaints process should  provide an effective response and appropriate redress.

4.  Welsh Triathlon will respect complainants’ desire for confidentiality
 wherever possible.

5.  Welsh Triathlon will use the feed back provided by both informal and
 formal complaints to ensure that its systems and services are improved.

What is a Complaint

6.  A complaint is an expression of dissatisfaction with the conduct of the organisation,  its committees, volunteer officers, athletes, or with alleged unfair practice in  connection with the sport.

7.  Grounds for a complaint shall include but shall not be limited to the following:

a. if the conduct of any individual, body, or organisation brings or is likely to  bring the sport into disrepute;
b. the violation of Welsh Triathlon’s Memorandum and Articles of
 Association or Procedures;
c. a breach of any of Welsh Triathlon’s Rules or Codes of Conduct.

8.  No complaints may be made under this policy against an employee of the Federation  relating to any action taken in the course of his/her employment. Any complaint  about  such  an  action  shall  be  dealt  with  through  the  employee’s  terms  and  conditions  of  employment  as  outlined  in  the  Staff  Handbook  and  should  be  addressed to the Chairman.

9. No complaints may be made under this policy regarding decisions made by referees at competitions held under the jurisdiction of Welsh Triathlon or  decisions regarding team or squad selections.   Appeals procedures exist in respect of  these matters.

Informal Complaint

10. It is clearly desirable for any complaint to be resolved informally where possible and  it is hoped that every attempt will be made to achieve this.   An informal complaint  can be made either verbally or in writing to the appropriate staff member, volunteer  officer or committee of Welsh Triathlon. Every effort will be made to  resolve informal  complaints to the satisfaction of the complainant. Where it has not  been possible to resolve the matter informally, the Complaints Procedure should be  invoked. The request should be made in writing to either the Chairman. If the  complaint  concerns  the  Chairman, the complaint should be made to the vice-chairman.

Formal Complaint

11. A formal complaint should be made in writing to the Chairman  where a  complaint has not been resolved informally or where the matter is of a serious  nature. Complaints of a serious nature would include gross misconduct, negligence or matters concerning the protection of young people or vulnerable adults.  A written  complaint shall only be considered if it includes the name, address and signature of the complainant.  Verbal and anonymous complaints shall be disregarded.

12. A complaint must normally reach the Chairman no later than thirty days after the alleged incident that gave rise to it.

13. Complaints that fall outside the jurisdiction of Welsh Triathlon may be
 referred to an appropriate body for their consideration.

14. Complaints regarding the protection of children or vulnerable adults may be referred  to the Police or Social Services.

15. Complaints alleging criminal activity may be referred to the Police.

16. The Board will appoint an Investigating Officer(s) to investigate the
 allegation. The Investigating Officer(s) will be independent of the matter being  investigated and will remain impartial.

17. The Investigating Officer(s) shall have the power and discretion to co-opt, from time  to time, additional persons with specific skills or experience to assist in the carrying  out of their duties.

18. If  the  Investigating  Officer(s),  to  whom  a  complaint  has  been  referred,  is  not  satisfied that it meets the criteria for a complaint he/she/they may refuse to allow it  to proceed.

19. Where a complaint is lodged more than thirty days after an alleged incident giving  rise to the complaint, and where the Investigating Officer(s) is satisfied that it is in  the interest of the sport to do so, they may permit the complaint to proceed. Before  arriving at a decision they may, require an explanation of the delay in making the  complaint.

20. The  Investigating  Officer(s)  shall  notify  all  interested  persons  and/or  bodies  immediately of any decision by them, whether or not to allow a complaint to proceed  setting out the reasons for the decision.

21. The parties to the complaint shall be entitled to appeal against any such decision of  the Investigating Officer(s), to the President provided that the notice of appeal,  setting out the grounds for appeal, is lodged with the Chairman within 21 days  of the date upon which the Investigating Officer(s) sends the written notification of  the decision.

22. The Board shall consider the grounds of appeal. In the case of an appeal
 against a decision of the Investigating Officer(s) to allow a complaint to proceed,  they may invite a written submission from the complainant. They may confirm or  reverse the decision made by the Investigating Officer(s) and may grant or refuse  permission to proceed with the complaint. The decision of the Board  shall be final.

23. If the Board allows an appeal against the refusal of the Investigating
 Officer(s) to allow a complaint to proceed on the grounds of the lateness of the complaint, the party against whom the complaint has been made may raise the lateness of the complaint as an issue at the hearing.

Complaints & Conduct Panels

24. Welsh Triathlon on may appoint a panel of suitably qualified individuals
 to  hear  and  adjudicate  on  complaints  or  to  conduct  disciplinary  hearings.  The  individuals appointed by Welsh Triathlon will be independent of the  matter to be heard, will remain impartial and will have specific competences and  experience of investigations and disciplinary proceedings.

25. Where Welsh Triathlon is required under its articles, policies or rules
 to conduct a hearing or review, it shall appoint a panel to undertake these duties.

Investigations

26. Where a formal complaint has been received Welsh Triathlon may
 appoint one or more individuals to conduct an investigation.

27. The Investigating Officer(s) may request that other individuals, participate and give  evidence and/or that further written documents or other evidence be supplied by  any or all of them.

28. Any  improper  contact,  approach  or  attempt  to  influence  or  intimidate  any  Investigating Officer(s), witness or representative either in person or through an  intermediary must be immediately reported to the Investigating Officer(s) who may  take such action as they deem appropriate. Such conduct may in itself form the  subject of a complaint.

29. It shall be for the complainant to prove the complaint on a balance of probabilities.

Decisions

30. The Investigating Officer(s) shall report their findings to the Board, who
 make their decision on cases before it by majority.
31. The Board may make whatever order it considers just, including the
 imposition of a financial penalty and/or suspension for a period.
32. The  decision of the Board shall be final and binding. It will be
 communicated to the complainant in writing by the Chairman of Welsh Triathlon.
Confidentiality

33. As far as is practicable, confidentiality shall be preserved in the investigation of a  complaint. Such an approach is in the interest of both the complainant and any other  person or persons involved. If however, another person is named in a complaint, we  believe that normally they should know what is said about them and who is making  the complaint. Welsh Triathlon may also take action if a complaint is  found to be malicious or vexatious.

 

34. The Investigating Officer(s) and Complaints and Conduct Panels shall be responsible  for conducting investigations into formal complaints, conducting hearings, where it  has been determined there is a case to answer.

35. The Investigating Officer(s) and Complaints and Conduct Panels may recommend  provisional suspension of an individual, group or member whilst they are conducting  an investigation or prior to a full hearing of the matter.

Arbitration Agreement

36. The complainant and Welsh Triathlon agree to submit any dispute
 concerning any matter connected with or arising out of this complaints policy and procedure exclusively to binding arbitration to be conducted by an arbitrator  (or  panel) appointed by the Sports Dispute Resolution Panel (SDRP) and pursuant to any  rules as to the conduct of the arbitration laid down by SDRP (or the Arbitrator so  appointed). The Parties agree that they will not commence, continue or maintain any  legal challenge to any matter falling under the jurisdiction of this Procedure to any  court of law or any other dispute resolution procedure. The outcome of the SDRP arbitration shall be final and binding.

 

DMH November 2008