Bowls England |

 

Disciplinary and Misconduct | Important Information

 

We are strong advocates for mediation whenever potential conflict arises. If you find yourself in a scenario where there is misconduct, or aware of a scenario where potential conflict could occur we would recommend that your club implemenst a mediation process in the first instance.

If your club/county is affiliated to Bowls England, it must always follow the procedures set out in Regulation 9 when dealing with complaints alleging misconduct. In its rules, your club/county must include provision that it will adopt and follow all the procedures in Regulation 9, 9A and 9B when dealing with any type of disciplinary/misconduct issues. This is a qualification of membership to Bowls England and can be found in Regulation 2.5.2.

 

Links to all associated documents can be found at the bottom of this page.

 

For Individuals

Mediation

We are strong advocates for mediation whenever potential conflict arises.  If you find yourself in a scenario where there is misconduct, we would recommend you ask your club to implement a mediation process in the first instance.

 

Written Complaint

If the mediation process does not work, or you wish to make a formal complaint it must be sent in writing to Club Chair, or no Chair the President, and if your club is affiliated to Bowls England, it must always follow the procedures set out in Regulation 9 when dealing with complaints alleging misconduct. In its rules, your club must include provision that it will adopt and follow all the procedures in Regulation 9, 9A and 9B when dealing with any type of disciplinary/misconduct issues.  This is a qualification of membership to Bowls England and can be found in Regulation 2.5.2.

 

What is the point of Regulation 9?

The object of the Regulation is to ensure that all parties receive natural justice.  In law, natural justice is the terminology for fairness.  All parties are legally entitled to a fair hearing against any bias.  In brief:

  • Accused members must have clear and proper notice of the allegations against them.
  • There must be a clear process to allow for the disclosure of evidence.
  • Every party must be allowed a proper opportunity to present their case, with a right for representation.
  • The case must be heard by an unbiased and independent tribunal.
  • The case must be decided solely on the basis of the evidence provided.
  • All parties must receive a reasoned decision, and a right to appeal should be provided if the complaint is upheld.

 

General considerations

The process for dealing with complaints under Regulation 9 can often be lengthy and it can often be stressful for all the parties involved.  We strongly urge all the parties involved to consider alternative means of resolving a dispute informally, such as conciliation or mediation, before a complaint proceeds to a formal hearing.  Clubs should attempt to seek the agreement of the persons involved to consider this alternative unless the circumstances of a particular complaint make that inappropriate. If either party refuses than Regulation 9 must be adhered to.

 

Who can make a complaint?

Anyone can make a written complaint under Regulation 9, a complainant does not need to be a “member of Bowls England” or even a club member.

 

What can you make a complaint about?

For the purposes of this Regulation, the definition of ‘misconduct’ is covered fully in Regulation 9.2.  It does not deal with any other dispute that does not involve misconduct.  Your club should have a published procedure for how you deal with general complaints that are not of this nature.

 

What happens next?

There is a very strict process for what happens next, including timings and who is involved.  There is a user guide you can find here that will assist.

 

Can we ask Bowls England for advice?

Bowls England will only provide procedural advice, this will normally include linking the specific part of the regulation for the club to follow.  Bowls England will not provide opinion or tailored advice.  Advice of this nature must be requested via email and will only be given in writing, subject to a delay of 8 – 10 working days.  You are advised to read the user guide and regulations in the first instance.

For Clubs

Mediation

We are strong advocates for mediation whenever potential conflict arises.  If a club becomes aware of any conflict, we would recommend adopting a mediation process in the first instance.

 

Written Complaint

If a complaint has been received in writing to Club Chair, or no Chair the President, and if your club is affiliated to Bowls England, it must always follow the procedures set out in Regulation 9 when dealing with complaints alleging misconduct. In its rules, your club must include provision that it will adopt and follow all the procedures in Regulation 9, 9A and 9B when dealing with any type of disciplinary/misconduct issues.  This is a qualification of membership to Bowls England and can be found in Regulation 2.5.2.

 

Who can make a complaint?

Anyone can make a written complaint under Regulation 9, a complainant does not need to be a “member of Bowls England” or even a club member.

 

What complaints does Regulation 9 cover?

For the purposes of this Regulation, the definition of ‘misconduct’ is covered fully in Regulation 9.2.  It does not deal with any other dispute that does not involve misconduct.  Your club should have a published procedure for how you deal with general complaints that are not of this nature.

 

What is the point of Regulation 9?

The object of the Regulation is to ensure that all parties receive natural justice.  In law, natural justice is the terminology for fairness.  All parties are legally entitled to a fair hearing against any bias.  In brief:

  • Accused members must have clear and proper notice of the allegations against them.
  • There must be a clear process to allow for the disclosure of evidence.
  • Every party must be allowed a proper opportunity to present their case, with a right for representation.
  • The case must be heard by an unbiased and independent tribunal.
  • The case must be decided solely on the basis of the evidence provided.
  • All parties must receive a reasoned decision, and a right to appeal should be provided if the complaint is upheld.

 

General considerations

The process for dealing with complaints under Regulation 9 can often be lengthy and it can often be stressful for all the parties involved.  We strongly urge all the parties involved to consider alternative means of resolving a dispute informally, such as conciliation or mediation, before a complaint proceeds to a formal hearing.  Clubs should attempt to seek the agreement of the persons involved to consider this alternative unless the circumstances of a particular complaint make that inappropriate. If either party refuses than Regulation 9 must be adhered to.

 

Can we impose sanctions or penalties, such as suspension, on a member without using Regulation 9?

No – any penalty imposed on a member must be through fully following the procedures of Regulation 9.  Any sanctions or penalties, made at club level, without regulation 9 will be considered perverse.

 

What happens next?

There is a very strict process for what happens next, including timings and who is involved.  There is a user guide you can find here that will assist.

 

Can we ask Bowls England for advice?

Bowls England will only provide procedural advice, this will normally include linking the specific part of the regulation for the club to follow.  Bowls England will not provide opinion or tailored advice.  Advice of this nature must be requested via email and will only be given in writing, subject to a delay of 8 – 10 working days.  Clubs are advised to read the user guide and regulations in the first instance.

For Counties

Mediation

We are strong advocates for mediation whenever potential conflict arises.  If a club becomes aware of any conflict, we would recommend adopting a mediation process in the first instance.

 

Written Complaint

If a complaint has been received in writing to County Chair, or no Chair the President, and if your club is affiliated to Bowls England, it must always follow the procedures set out in Regulation 9 when dealing with complaints alleging misconduct. In its rules, your County must include provision that it will adopt and follow all the procedures in Regulation 9, 9A and 9B when dealing with any type of disciplinary/misconduct issues.  This is a qualification of membership to Bowls England and can be found in Regulation 2.5.2.

 

Who can make a complaint?

Anyone can make a written complaint under Regulation 9a, a complainant does not need to be a “member of Bowls England” or even a club/county member.  Complaints and Appeals could come into Counties Associations for various different reasons:

  • Complaint arising from a concern under the jurisdiction of the County.
  • Complaint against an affiliated club.
  • Complaint against an affiliated member at club level, that cannot for reasons of natural be heard at club level.  This should be referred by the club, with specific reasons detailing why they cannot hear the complaint.
  • Appeal against a the decision of the club disciplinary committee

 

What complaints of does Regulation 9, 9A and 9B cover?

For the purposes of this Regulation, the definition of ‘misconduct’ is covered fully in Regulation 9.2.  It does not deal with any other dispute that does not involve misconduct.  Your club should have a published procedure for how you deal with general complaints that are not of this nature.

 

What is the point of Regulation 9?

The object of the Regulation is to ensure that all parties receive natural justice.  In law, natural justice is the terminology for fairness.  All parties are legally entitled to a fair hearing against any bias.  In brief:

  • Accused members must have clear and proper notice of the allegations against them.
  • There must be a clear process to allow for the disclosure of evidence.
  • Every party must be allowed a proper opportunity to present their case, with a right for representation.
  • The case must be heard by an unbiased and independent tribunal.
  • The case must be decided solely on the basis of the evidence provided.
  • All parties must receive a reasoned decision, and a right to appeal should be provided if the complaint is upheld.

 

General considerations

The process for dealing with complaints under Regulation 9, 9A and 9B can often be lengthy and it can often be stressful for all the parties involved.  We strongly urge all the parties involved to consider alternative means of resolving a dispute informally, such as conciliation or mediation, before a complaint proceeds to a formal hearing.  Clubs should attempt to seek the agreement of the persons involved to consider this alternative unless the circumstances of a particular complaint make that inappropriate. If either party refuses than Regulation 9 must be adhered to.

 

Can we impose sanctions or penalties, such as suspension, on a member without using Regulation 9, 9A and 9B?

No – any penalty imposed on a member must be through fully following the procedures of Regulation 9.  Any sanctions or penalties, made at club/county level, without regulation 9 will be considered perverse.

 

What happens next?

There is a very strict process for what happens next, including timings and who is involved.  There is a user guide you can find here that will assist.

 

Can we ask Bowls England for advice?

Bowls England will only provide procedural advice, this will normally include linking the specific part of the regulation for the club to follow.  Bowls England will not provide opinion or tailored advice.  Advice of this nature must be requested via email and will only be given in writing, subject to a delay of 8 – 10 working days.  Counties are advised to read the user guide and regulations in the first instance.

 

Regulation 9 – Club

Regulation 9A – County

Regulation 9B – National

Club and County User Guide

Appeal Form

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