Constitutional Rules of Cumbria Amateur Swimming Association

Adopted on 23rd January 2011

Amended November 2014; Approved by ASANWR November 2015

Revised November 2019; approved by SENW November 2019



CONTENTS

  1. Name
  2. Aims
  3. Powers and responsibilities
  4. Affiliation and membership
  5. Suspension
  6. Finance
  7. Governance
  8. Executive Officers
  9. Council
    1. Membership
    2. Duties and responsibilities
    3. Meetings
    4. Changes to Association Rules
    5. Proceedings
  10. Executive Committee
    1. Membership
    2. Duties and responsibilities
    3. Meetings
    4. Proceedings
  11. Sub-committees
  12. Honorary Trustees
  13. Independent Financial Examiner
  14. Representing the Association
  15. Award of Association Badge
  16. Competition Conditions
  17. Expulsion and Other Disciplinary Action
  18. Dissolution
  19. By-laws

Appendix A     Standing Orders for Annual Council, Special General and Executive Committee meetings

Appendix B     Code of Ethics

Appendix C     Guidelines for Handling Internal Club Disputes

Appendix D     Swim England Regulations - Internal Club Disputes
 

__________________________________________________________________

1. NAME

1.1

The Association shall be called the Cumbria Amateur Swimming Association (herein after called the Association) and shall be based on the administrative county of Cumbria.

2. AIMS

2.1

The aims of the Association shall be to:

2.1.1

Carry out the aims, objectives and directions of Swim England (SE) and Swim England North West (SENW).

2.1.2

Obey and enforce the Articles, Company Regulations, General Regulations, Judicial Regulations and Technical Rules of Swim England.

2.1.3

Manage the sport of swimming throughout the county subject to the strategic direction of Swim England and Swim England North West.

2.1.4

Promote and encourage the knowledge and the practice of all the aquatic disciplines by means of championships and competitions.

3. POWERS and RESPONSIBILITIES

3.1

The Association shall be affiliated to, and subject to the laws and rules, of Swim England North West.

3.2

The Association:

3.2.1

Is committed to treat everyone equally within the context of its activity and with due respect to the differences of individuals. This shall be, for example, regardless of age, sex, ethnic origin, religion, disability or political persuasion, on any grounds.

3.2.2

Shall not apply nor endorse unlawful or unjustified discrimination, and shall act in compliance with the protections afforded by the Equality Act 2010 (as may be amended from time to time).

3.2.3

Shall implement the Swim England Equality Policy (as may be amended from time to time).

3.2.4

Will comply with the Data Protection Act 2018 (as may be amended from time to time). [The Data Protection Act 2018 is the UK’s implementation of the EU’s General Data Protection Regulations – GDPR.]

3.2.5

Shall in accordance with Swim England Regulations adopt and comply with Swim England’s Child Safeguarding Policy and Procedures (‘Wavepower’); and shall recognise that the welfare of children is everyone’s responsibility and that all children and young people have a right to have fun, be safe and be protected from harm.

3.2.6

Shall comply with the Swim England Code of Ethics.

3.2.7

Shall comply with the requirements and procedures of the Swim England Judicial Regulations for handling internal club disputes as may be revised from time to time.

3.2.8

Shall comply with the laws and rules of British Swimming, in particular its Doping Control Rules and Protocols and the Judicial Code.

3.2.9

Shall comply with the laws and rules of FINA, the world governing body for the sport of swimming in all its disciplines (together ‘the Governing Body Rules’).

3.2.10

Shall accept that all members of the Association whilst engaged in activities under its jurisdiction Association shall be subject to all the constraints and privileges of the Swim England Judicial Regulations.

3.2.10

Shall accept that all members of the Association whilst engaged in activities under its jurisdiction Association shall be subject to all the constraints and privileges of the Swim England Judicial Regulations.

3.2.11

All entrants to county competitions shall be members of the club or other organisation they represent, shall be eligible competitors as defined in the Swim England Laws and Regulations and shall comply with the competition conditions of the Association and Swim England when competing.

3.2.12

Shall make a nomination for the position of President of Swim England North West in accordance with the requirements of Swim England North West.

3.3

In the event that there shall be any conflict between any rule or by-law of the Association and any of the Governing Body Rules then the relevant Governing Body Rules shall prevail.

3.4

Produce and issue as required Constitutional Rules for the operation and management of the Association and operate on the basis of an appropriate constitution which shall be reviewed from time to time by Swim England North West.

3.4.1

Such Constitutional Rules shall contain any mandatory provisions in respect of any parts of the governance of the Association received from Swim England and Swim England North West and may contain recommended and optional provisions from Swim England North West and/or Swim England.

3.5

Take disciplinary action against a club or individual:

3.5.1

Remove from office or appointment, or suspend from any activity within the jurisdiction of the Association, any officer or appointee of the Association against whom a complaint has been upheld under the Swim England Judicial Regulations for handling internal club disputes having regard to the penalty ordered by the Judicial Tribunal. Any such decision shall require a majority in favour of two-thirds of those present and voting.

3.5.2

Suspend a club proved guilty of infringing the Rules of the Association, or acting in such a manner as to bring disrepute to the Association. In doing so, the Association shall comply with the Swim England Judicial Regulations for handling internal club disputes. Any such decision shall require a majority in favour of two-thirds of those present and voting.

4. AFFILIATION and MEMBERSHIP

4.1

The Association shall automatically affiliate those clubs affiliated to Swim England North West and who are based in the county of Cumbria and they shall be liable for any affiliation fee set by the Association.

4.2

The membership of the Association shall comprise:

4.2.1

Those clubs who are affiliated to the Association.

4.2.2

Individuals consisting of:

4.2.2.1

Life Vice Presidents. Such persons shall be elected to Life Membership of the Association for outstanding or meritorious services rendered to the Association at an Annual Council Meeting.

4.2.2.2

The Executive Officers and other designated post holders, as decided, from time to time, by the Executive Committee. All holders of individual positions shall be members of an affiliated club and shall be not less than 18 years of age.

5. SUSPENSION

5.1

Any club not having paid its annual affiliation and membership fees to Swim England by 31st March will be suspended by Swim England. Members of that club shall not be allowed to take part in any activities of the Association (or Swim England) until such time as the liability has been discharged.

6. FINANCE

6.1

The financial year of the Association shall be the period commencing on 1st October and ending on 30th September. Any change to the financial year shall require the approval of the Annual Council Meeting.

6.2

The Executive Committee shall notify Swim England North West of the Affiliation Fee to the Association when requested.

6.3

The Executive Committee shall, as they see fit, decide the amount of the annual affiliation fee for the next operating year.

6.4

The level of the affiliation fee for the next operating year shall be notified to the Annual Council Meeting who shall have the opportunity to comment and to make recommendations to the Executive Committee as to the future levels of the affiliation fee.

6.5

The Executive Committee shall have the power to set any other fees as required.

6.6

All monies payable to the Association shall be received by the Treasurer and deposited in a bank account in the name of the Association. No sum shall be drawn from the account by cheque or by electronic means or online unless approved in advance by another of the authorised signatories who shall be decided by the Executive Committee. Any moneys not required for immediate use may be invested as the Executive Committee in its discretion think fit.

6.7

The income and property of the Association shall be applied only in furtherance of the aims and objectives of the Association and no part thereof shall be paid by way of bonus, dividend or profit to any members of the Association or to an external organisation.

6.8

The Executive Committee shall have the power to set the level of payment of remuneration and expenses to any officer, member, or other such person for services rendered to the Association.

6.9

The Treasurer shall record the financial transactions of the Association in such a manner, as the Executive Committee think is appropriate.

6.10

The Association shall retain all financial records and minutes of meetings for a minimum period of six years.

7. GOVERNANCE

 

7.1

There shall be three levels of governance of the Association:

7.1.1

The Council.

7.1.2

The Executive Committee.

7.1.3

Other standing or sub committees as may be established.

7.2

A person who is nominated or appointed as a delegate to the Council, to the Executive Committee, to any other committee, as an Officer, or to any other post which carries the right to vote at any level of governance of the Association must be a member of a club affiliated to the Association.

7.3

The management of the Association shall be exercised through Council Meeting(s) and at least four meetings of the Executive Committee each year.

7.3.1

The Annual Council Meeting (ACM) shall be held in November each year; a Special Council Meeting may be held in April or May.

7.3.2

Executive Meetings shall be held on dates agreed at each ACM.

8. EXECUTIVE OFFICERS

8.1

The Executive Officers of the Association shall be the Chair, the Vice Chair, the Secretary and the Treasurer each of whom shall be a member of a club affiliated to the Association.

9. COUNCIL

9.1

Membership

9.1.1

The Council of the Association shall consist of the following each of whom shall be a member of a club affiliated to the Association:

9.1.1.1

President.

9.1.1.2

Past Presidents.

9.1.1.3

Vice Presidents

  9.1.1.4

  The Executive Officers of the Association.

  9.1.1.5

  Other post holders appointed/elected to the Executive Committee.

  9.1.1.6

  Delegates of affiliated clubs.

 9.1.1.6.1

Each club affiliated to the Association shall be entitled to representation at Council by two delegates who must be members of that club and be 18 years of age or over.

  .1.1.6.2

A delegate shall only be permitted one vote irrespective of the number of clubs they may represent.

9.2

Duties and Responsibilities:

9.2.1

Deal with all matters of governance according to the rules of the Association.

9.2.2

Oversee the work of the Executive Committee and to receive its reports and accounts.

9.2.3

Consider and decide on any proposed additions, alterations or deletions to these rules.

9.2.4

Keep full and accurate minutes of its meetings.

9.2.5

Discuss any matters that are relevant and pass resolutions and orders concerning them.

9.2.6

On the recommendation of the Executive Committee elect as a Life Vice President an individual whose services to the Association would justify this recognition.

9.3

Meetings

9.3.1

The Annual Council Meeting of the Association shall be held in November each year. A second Special General Meeting may be held in April or May should the Executive Committee deem it to be necessary. (See para. 9.3.4.1 below.)

9.3.2

Only in the event of exceptional circumstances shall the Annual Council Meeting be postponed once the date, time and venue has been fixed and advised to the members.

9.3.2.1

A postponed Annual Council Meeting shall normally be reconvened on a date within one month of the original date and a minimum of 7 days advance notice given to the members of the rescheduled date, time and venue. At this meeting, the same agenda as originally issued shall be used.

9.3.2.2

Not more than 15 months shall elapse between any two consecutive Annual Council Meetings.

9.3.2.3

If a meeting commences but is adjourned for want of time or for other good reason, the members present at the meeting will be notified there and then of the adjourned date if practicable. If not, and the matter is adjourned for more than 14 days all members shall receive 7 days’ notice in writing of the adjourned hearing.

9.2.3.4

Any dissolved or adjourned meeting must be re-convened and the business completed within two months of the adjournment

9.3.3

The Secretary shall be responsible for providing each affiliated club and each member of the Executive Committee written notice of the date, time and place of the Annual Council Meeting or of a Special General Council Meeting together with the resolutions to be proposed, at least 7 days before the date of the meeting and in the case of the Annual Council Meeting a list of the nominees for the Executive Officers and the Executive Committee posts and a copy of the examined accounts.

9.3.4

A Special General Meeting may be called in response to:

9.3.4.1

An order of the Executive Committee to deal with ad hoc matters which need to be decided by the Council and which cannot be postponed until the Annual Council Meeting.

9.3.4.2

A resolution of the Council carried at any meeting of the Council.

9.3.4.3

A requisition in writing, received by the Secretary, signed on behalf of not less than five different clubs or by a total of seven bodies including affiliated clubs and members of the Executive Committee. The request to state the purpose for which the meeting is required and the resolutions proposed.

9.3.5

The Secretary shall call a Special General Meeting of Council within 28 days of the receipt of a requisition to call the meeting.

9.3.6

Not less than 14 days’ notice of a Special General Meeting shall be given to all affiliated clubs. The notice shall specify the object of the meeting. The venue and time of such a meeting shall be at the discretion of the Executive Committee.

9.3.7

No business shall be discussed at a Special General Meeting other than that prescribed by the Council, the Executive Committee or that stated in the request for the meeting, as the case may be.

9.3.8

The Executive Committee shall fix the date, the time and the venue of the Annual and Special General Meetings.

9.3.9

The Annual Council Meeting shall transact the following business:

9.3.9.1

Receive and comment on the Annual Report of the activities of the Association, and the Annual Reports of the discipline secretaries during the previous year. The Annual Report shall include the reports of any sub-committees.

9.3.9.2

Receive the reports of the discipline secretaries.

9.3.9.3

Receive and consider the accounts of the Association for the previous year and Treasurer’s report as to the financial position of the Association.

9.3.9.4

Discuss any matters that are relevant and pass resolutions and orders concerning them.

9.3.9.5

Elect the following; the post holders shall remain in office until their successors are elected at the next appropriate Annual Council Meeting and the meeting has been closed:

9.3.9.5.1

The President, who shall serve for a term not exceeding two annual periods and who shall be installed on a date determined by the Annual Council Meeting. The current President shall remain in office until the installation of the new President.

9.3.9.5.2

The President Elect.

9.3.9.5.3

The Executive Officers of the Association and discipline secretaries who shall retire from office at the Annual Council Meeting each year, but shall be eligible for re-election.

9.3.9.5.4

Life Vice President(s).

9.3.10

Nominations for election of members to the position of President or to any office of the Association shall be made in writing by the proposer and seconder to the Secretary, not later than 31st October prior to the Annual Council Meeting, with the written consent of the nominee.

9.3.11

Nominations for election to the position of Life Vice President shall be made to the Annual Council Meeting by the Executive Committee.

9.3.12

The Annual Council Meeting shall appoint the following:

9.3.12.1

One or more independent Examiners of Accounts who shall not be members of the Executive Committee or members of the family of a member of the Executive Committee.

9.3.12.2

A Welfare Officer who must be not less than 18 years of age and not be an Officer or an Executive Committee member, or be a member of the family of an Officer or Executive Committee member. He/she should have an appropriate background and is required to undertake appropriate training in accordance with ‘Wavepower’. The Welfare Officer will have a right to attend Executive Committee meetings without a power to vote.

9.3.12.3

Trophy controller.

9.3.12.4

County team manager(s).

9.3.12.5

County swimming coach.

9.3.12.6

Volunteer coordinator.

9.3.12.7

Records officer and a Masters records officer.

9.3.12.8

Championships secretary.

9.3.12.9

Competition organiser.

9.3.12.10

Para swimming coordinator.

9.3.12.11

Water Polo Secretary.

9.3.12.12

Data protection officer.

9.4

Changes to Association Rules

9.4.1

Any proposal to change a Rule of the Association shall only be considered at the Annual Council Meeting or at a Special Council Meeting called for that purpose. The Executive Committee shall draft the wording of the changes to the Rules to implement the principles and intentions approved by Council.

9.4.2

Every proposal to change a Rule of the Association and/or amend it, shall be proposed and seconded separately and shall be open for discussion by any delegate with or without prior indication of intent.

9.4.3

An amendment to any proposal to change a Rule of the Association may be proposed by any member of Council, supported by another member as a seconder, and shall reach the Secretary by 31st October for consideration at the Annual Council meeting, or twenty one days prior to a Special Council Meeting, as the case may be.

9.4.4

A proposal to change the Rules of the Association shall be carried only if at least two-thirds of those present and voting are in favour.

9.4.5

The changes to the Rules shall become effective upon approval by Swim England North West or at a specified later date as determined by the Council.

9.4.6

If any addition, alteration or deletion of either a Swim England Law or a Rule of Swim England North West causes an Association Rule to conflict with it, the Executive Committee shall immediately cause the Association Rule to conform with it. Any such changes shall be notified to the next Annual Council Meeting following the change of Rule.

9.5

Proceedings

9.5.1

The proceedings of Executive Committee meetings shall be in accordance with the Standing Orders.

10. EXECUTIVE COMMITTEE

10.1

Membership

10.1.1

The Executive Committee shall comprise the following each of whom shall be a member of a club affiliated to the Association and shall be not less than eighteen years of age:

10.1.1.1

The Executive Officers (Chair, Vice Chair, Secretary and Treasurer).

10.1.1.2

The elected discipline Secretaries (Diddy League, Open Water, Masters) each of whom shall be a member of a club affiliated to the Association.

10.1.1.3

One nominated representative of each affiliated club who shall be a member of that club.

10.1.1.4

Other post holders as defined in Rule 9.3.12.

10.1.1.5

The Executive Committee may fill any vacancy occurring by resignation or by any other means.

10.1.1.6

In the event of any member of the Executive Committee not attending three consecutive Executive Committee meetings, it shall be considered equivalent to their resignation and the Executive Committee shall proceed to fill the vacancy, unless the Executive Committee are satisfied that such absence is unavoidable and have notice of the same.

         10.1.1.7

         The Executive Committee shall have the authority to invite such other            persons as deemed necessary for any specific purpose who may                    speak but not vote.

10.2

Duties and Responsibilities

10.2.1

The powers and responsibilities of the Executive Committee shall include but not be limited to:

10.2.1.1

Determine the strategies of the Association within the overall policies and plans agreed by the Council.       

10.2.1.2

Carry out any specific duty laid upon it by the Council.

10.2.1.3

Have day to day management of the affairs of the Association.

10.2.1.4

Monitor and evaluate the work of any sub-committees, discipline secretaries and any other person appointed to a specific task within the Association.

10.2.1.5

The Executive Committee shall determine any question arising as to the correct interpretation of any of these rules, or any other question not herein provided for.

10.2.1.6

Make nomination for the position of President Elect of Swim England North West in accordance with the requirements of Swim England North West.

10.2.1.7

Set the affiliation and other fees as required.

10.2.1.8

Set the level of competition and championship fees.

10.2.1.9

Determine who shall be the authorised signatories of the accounts of the Association.

10.2.1.10

Ensure that full and accurate minutes of its meetings are kept.

10.2.1.11

Establish sub-committees to consider and report on any matter, determine the terms of reference and appoint the members of such sub-committees. This power may be delegated to the Officers of the Association

10.2.1.12

Set and authorise the payment of remuneration and expenses for services to the Association by Executive Officers, Executive Committee post holders, committee members or officials of the Association.

10.2.1.13

Make grants to any person or organisation as decided by the Executive Committee.

10.2.1.14

Implement with immediate effect a change of the Rules of the Association if they are in conflict with any addition, alteration or deletion of either a Law or a Rule of Swim England or Swim England North West.

10.2.1.15

Be accountable to the Council of the Association and report to it at such times and in such a form as it may require.

10.2.1.16

The Executive Committee may contract and set up partnership agreements with outside agencies in support and furtherance of the aims and objectives of the Association.

10.2.1.17

The Committee shall have power to make regulations, create by-laws (see Rule 19) and to settle disputed points not otherwise provided for in this Constitution.

10.3

Meetings

10.3.1

Meetings of the Executive Committee shall be held not less than four times per year save where the Executive Committee itself shall, by a simple majority, resolve not to meet.

10.3.2

The Chairman and the Secretary shall have the discretion to call further meetings of the Executive Committee if they consider it to be in the interests of the Association.

10.3.3

The Secretary shall be responsible for providing each affiliated club and each member of the Executive Committee written notice of the date, time and place of the next meeting together with the agenda and any supporting papers for the meeting at least 7 days before the date of the meeting.

10.4

Proceedings

10.4.1

The proceedings of Executive Committee meetings shall be in accordance with the Standing Orders.

11. SUB-COMMITTEES

11.1

Sub-committees may be formed to consider and report on any matter.

11.2

The Executive Committee shall agree the membership and Terms of Reference when the committee is established. This power may be delegated to the Officers of the Association

11.3

Except in cases of emergency no decisions of any sub-committee shall be binding upon the Executive Committee until considered and voted upon by the Executive Committee.

11.4

All sub-committees and working groups shall periodically report their proceedings to the Executive Committee and shall conduct their business in accordance with the directions of the Executive Committee.

11.5

Each sub-committee shall keep full and accurate minutes of its meetings. The minutes of all such meetings or a report of the activities and business conducted by the committee shall be submitted for approval to the Executive Committee.

12. HONORARY TRUSTEES

12.1

The Trustees of the Association shall be the Chairman, Vice Chairman, Secretary and Treasurer during their respective terms of Office.

12.2

Any trophies of the Association, not being competed for shall be lodged with a person nominated by the Executive Committee, for their safe keeping.

12.3

The Trustees shall be empowered to carry out all necessary actions in connection with the property and assets of the Association considered appropriate or as directed by the Executive Committee or the Council.

13. INDEPENDENT FINANCIAL EXAMINER

13.1

One or more independent Financial Examiners shall be appointed at the Annual Council Meeting. They shall examine and verify the financial records for the annual statement of the accounts and the balance sheet before they are printed and circulated.

14. REPRESENTING THE ASSOCIATION

14.1

Any person selected to represent the Association and failing to appear shall not be allowed to take part in any of the Association Championships or competitions until a satisfactory explanation is given to the Executive Committee of the Association.

15. AWARD OF ASSOCIATION BADGE

15.1

Cumbria ASA badges shall be awarded to competitors in all disciplines of the sport who represent the Association.

16. COMPETITION CONDITIONS

16.1

The rules and conditions of the following shall not be considered part of the Constitutional Rules for the purpose of these rules.

16.1.1         

Cumbria Championships and Age Groups.

16.1.2

Cumbria Diddy League.

16.1.3

Cumbria Winter Meet.

17. EXPULSION and OTHER DISCIPLINARY ACTION

17.1

The Executive Committee shall have power to suspend a club proved guilty of infringing the Rules of the Association, or acting in such a manner as to bring disrepute to the Association. Any such decision shall require a majority in favour of two-thirds of those present and voting. Suspension of a Club shall automatically include suspension of its members.

17.2

The Executive Committee shall have power to remove from office or appointment, or suspend from any activity within the jurisdiction of the Association, any officer or appointee of the Association against whom a complaint has been upheld under the Swim England Judicial Regulations for handling internal club disputes having regard to the penalty ordered by the Judicial Tribunal. Any such decision shall require a majority in favour of two-thirds of those present and voting.

17.3

The Association shall comply with the requirements and procedures of the relevant Swim England Judicial Regulations for handling internal club disputes as the same may be revised from time to time. A copy of the relevant Regulations and Procedures are given as Appendices C and D to these Constitutional Rules.

17.4

The Officers/post holders of the Association, or the officials in charge of a particular event, or any other person to whom the Executive Committee shall delegate this power, may temporarily suspend or exclude anyone from participating in activities of the Association, when in their opinion, such action is in the interests of the Association. If further action is required the incident or matter will be dealt with in accordance with the appropriate Judicial Regulations.

17.5

If a complaint or dispute that involves a breach of Swim England Law is received by the Association it shall be submitted to Swim England for consideration under the Judicial Regulations of Swim England.

18. DISSOLUTION

18.1

A resolution to dissolve the Association shall only be considered at a Council Meeting and shall be carried by a majority of at least three-quarters of the members present and entitled to vote.

18.2

The dissolution shall have effect from the date of the resolution and members of the Executive Committee shall be responsible for the winding-up of the assets and liabilities of the Association.

18.3

Any property remaining after the discharge of the debts and liabilities of the Association shall be sold and divided equally between the affiliated clubs at the dissolution.

19. BY-LAWS

19.1

The Executive Committee shall have power to make, repeal and amend such by-laws as they may from time to time consider necessary for the wellbeing of the Association. Any such by-laws, repeals and amendments shall have effect until set aside by the Executive Committee or at a General Meeting.




_________________________________________________


APPENDIX A: Standing Orders

The Annual Council, Special General and Executive Committee meetings shall be governed by the following Standing Orders.

1.

The Chair at all meetings shall be the Chair of the Association if he/she is present. If the Chair is absent, or unable to act or declines to act the Vice Chair shall act as the chairman for the meeting. If the Vice Chair is not able to act, the meeting shall elect a chair from its members present.

2.

The Chair shall have unlimited authority upon every question of order and, for the purpose of the meeting, shall be the sole interpreter of the rules.

3.

The Secretary, or in the absence of the Secretary, a member present shall take the minutes of meetings.

4.

The minutes of the previous meeting as circulated shall be considered as the first substantive item on the agenda.

5.

The quorum for any meeting shall consist of representatives of four affiliated clubs and not less than one Officer of the Association. In the event that a quorum is not present within thirty minutes of the published starting time, the meeting shall stand adjourned. The Secretary shall give members a minimum of seven days’ notice of the date and venue of the reconvened meeting.

6.

The minutes of sub-committees and reports of Executive Officers, Executive Committee post holders or other individuals shall not be considered unless they have been circulated with the agenda, unless the Chairman and the members of the Executive Committee agree by a two thirds majority that it will not prejudice the good governance of the Association to do so.

7.

Every motion shall be proposed and seconded.

8.

Proposals and resolutions shall be submitted in writing to the Secretary by the 31st October prior to the Annual Council Meeting.

9.

Unless the Chair directs otherwise, voting on all motions or amendments shall be by a show of hands.

10.

Each member present and entitled to vote, with the exception of the Chair, or acting Chair for that meeting, shall have one vote. In the event of an equality of votes the Chair, or the acting Chair for that meeting, shall have a casting vote.

11.

Voting on elections shall be by secret ballot and any ballot paper containing more votes than the number required shall be void. The result of each ballot shall be announced by the Chair during the meeting and the Chair shall indicate the number of votes cast for each candidate and the number of spoiled ballot papers.

12.

All proposals, including amendments to proposals, shall require a simple majority of those members voting unless otherwise specified in these Rules.

13.

Once a proposal has been voted on whether approved or not, it cannot be brought back for discussion for a period of 12 months.

14.

Proxy voting is not allowed at any meeting.

15.

Amendments:

15.1

Any amendment shall be disposed of before another amendment is considered. The Chair may accept, without notice, verbal amendments that do not affect substantially the nature of the proposal under discussion.

15.2

If an amendment is lost other amendments may be moved on the original proposal.

15.3

If an amendment is carried, the proposal as amended will replace the original proposal and can be subject to further amendment.

16.

The minutes of meetings shall be circulated to each member present, to each club, and to other appropriate individuals. Minutes shall be published on the county website although matters of a sensitive nature may be withheld from the county website.

17.

All members of the Executive Committee shall be indemnified by the members of the Association against all liabilities properly incurred by them in the management of the affairs of the Association.

_________________________________________

Appendix B: Code of Ethics

Terms of Reference

The content of this Code of Ethics applies to all those involved within the sport of Swimming, Diving, Water Polo, Open Water Swimming and Synchronised Swimming. The Code of Ethics should be read in conjunction with the Codes of Conduct contained in ‘Wavepower’ (Child Safeguarding Policy and Procedures).

Swim England Code of Ethics

All individuals within the Swim England aquatic disciplines will at all times:

  • Respect the rights, dignity and worth of every person, be they adult or child, treating everyone equally within the context of the sport.
  • Respect the spirit of the sport adhering to the rules and laws in and out of the pool, incorporating the concept of friendship and respect for others.
  • Promote the positive aspects of the sport and never condone the use of inappropriate or abusive language, inappropriate relationships, bullying, harassment, discrimination or physical violence.
  • Accept responsibility for their own behaviour and encourage and guide all Swim England members and parents of junior members to accept responsibility for their own behaviour and conduct.
  • Ensure all concerns of a child safeguarding nature are referred in accordance with ‘Wavepower’ (Swim England Child Safeguarding Policy and Procedures).
  • Conduct themselves in a manner that takes all reasonable measures to protect their own safety and the safety of others.
  • Promote the reputation of the sport and never behave or encourage or condone others to behave in a manner that is liable to bring the sport into disrepute.
  • Adhere to ‘Wavepower’ the Swim England Child Safeguarding Policy and Procedures.
  • Adhere to the Swim England Anti-Doping Rules.
  • Adhere to the Swim England Equity Policy.
  • Adhere to the Swim England Laws and Regulations.
  • Adhere to the Swim England Codes of Conduct.

___________________________________

Appendix C: 
Guidelines for Handling Internal Club Disputes

1. Introduction

The purpose of these notes is to give Clubs guidance in the handling of internal Club disputes. With the introduction of the Code of Ethics and the increased risk of litigation it is important that internal disputes are handled correctly from the outset. Whilst most Clubs do from time to time have disputes between Committee members, parents and swimmers these can usually be resolved amicably between the individuals concerned. Occasionally it is also necessary to discipline swimmers for minor incidents of misbehaviour and this can also be done fairly by the Coach/Team Manager.

Sometimes a more serious dispute arises in a Club and because such a situation does not occur frequently Clubs are unsure how to handle the matter. This can lead to the dispute becoming more serious with recourse to the Judicial procedures becoming necessary.

These guidelines do not apply to paid employees of a Club. If a Club is in dispute with a paid employee then the employment contract and employment law needs to be considered. Specialist legal advice may have to be sought.

2. General Principles

Swim England Judicial Regulations define Protests and Complaints and it should first be decided whether the matter is a Protest or a Complaint. A Protest can be dealt with by a Club provided they are the Promoter of the Competition to which the Protest relates. A Complaint cannot be dealt with by a Club. However, it is often possible to resolve a dispute within a Club without the matter becoming a formal Complaint. If either party is dissatisfied with a decision reached in an internal Club dispute then they still have the option to make a formal Complaint to the Judicial Commissioner.

It must be noted that a Club only has the power to legislate for a breach of its own rules and can only suspend a swimmer from its own Club activities. A Club has not power to handle a dispute relating to a member of another Club nor deal with an offence against Swim England Regulations.

The key principle to be followed is that Swim England Regulations conform to the law of the land in so much that an individual accused of an alleged offence is innocent until proven guilty and he/she must have reasonable opportunity to present a defence and have his/her views heard.

In these notes reference is made to the term ‘dispute’ to avoid confusion with the term ‘Complaint’ used in formal Swim England Judicial terms. The term Club could also refer to a League or County Association.

It is assumed for the purpose of these notes that the dispute is between the Club and one or more of its members. It is most important that the same people in the Club do not become both the prosecutor (and defender) and the judge. If the Committee or its officers are either the prosecutor or defender or involved in the dispute then they must find other members not connected with the matter to hear the evidence from both parties to the dispute.

There are occasions when a problem arises in a Club, for example fighting between members in a training session, where immediate action is required such as a temporary suspension or exclusion from a training session or from wider Club activities. Coaches and officers should always be given the power to invoke a temporary suspension. A report should then be made, immediately, to the Club officers who should follow the procedures in the relevant section of the rules.

3. Procedures

On receipt of the dispute every effort should be made to resolve the matter by informal discussion. In difficult cases the Chairperson of the relevant Panel is empowered to appoint an independent arbitrator to assist in achieving a settlement. If this fails or it is clearly necessary to discipline a member, the Club should set up a panel to deal with the matter.

The panel should consist of three persons, one to act as Chairperson. A Secretary may also be needed. The panel will need to consist of people not involved in the dispute and the Club may want to ask individuals from outside the Club to sit on the panel. The full Club Committee could of course hear the dispute but given the number of people on a Committee this could be seen as intimidating and it is usually preferable to have a smaller number of people to hear a disciplinary matter, hence the recommendation to set up a panel of three persons.

The Chairperson must notify both parties of the date, time and place of the hearing and the names of the panel members. Both parties need to be given copies of all the papers and every effort should be made to hold the hearing within 14 days of the receipt of the dispute.

If either party is under 18 years of age they must be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them present their case.

Both parties should be allowed to bring witnesses.

The hearing should be as informal as possible but needs to be controlled. Points to note:

(a) The complainant will present evidence first and the accused will have the right of reply.

(b) Both parties to the dispute are able to call witnesses, the complainant going first and each party should be allowed to question the other party’s witnesses.

(c) Witnesses must wait outside the hearing room until they are called. After questioning they may wait in the hearing room, taking no further part in the proceedings.

(d) The Chairperson or Secretary will make notes of the hearing and the panel will make every effort to announce their decision verbally to all the parties without delay followed by written confirmation to reach all parties within five days.

4. Powers of the Clubs

The powers of Clubs regarding the disciplinary action they can apply must not exceed those in Swim England Judicial Regulations which can result in full suspension from Club activities for whatever period the panel shall decide or in expulsion. The panel if it wishes can impose a lesser penalty such as a written or verbal reprimand.

If either party to the dispute is dissatisfied with the outcome they are still entitled to make a Complaint to the Judicial Commissioner at Swim England Head Office, Loughborough.

5. Further Information

Additional guidance can be obtained from the Judicial Regulations in the Swim England Handbook.

6. Conclusions

The key message when dealing with disputes is to ensure:

  1. All parties are treated fairly.
  2. The complainant has the opportunity to present the case.

(c)   The accused has the opportunity to respond.

__________________________________________

Appendix D:  Swim England Regulations -
Internal Club Disputes

  1. CLUB RIGHTS and RESPONSIBILITIES

The rights and responsibilities of a Club in terms of its discipline, its internal dispute procedures and the sanctions it can impose are given in Swim England Regulation 281 which specifies:

Regulation 281: Club discipline and internal dispute procedures

281.1

For a breach of its own rules, but subject to Swim England Regulations 150 and 151, an affiliated Club or body may:

281.1.1

Apply sanctions to a member relating to activities wholly within its own jurisdiction up to and including suspension from any or all of them.

28.1.1.2

Expel a member, provided that before doing so it informs the member of the alleged offence and gives him a reasonable opportunity to defend himself against the charge.  If the alleged offence is also a breach of Swim England Regulations the Club or body shall not deal with it but may make a complaint under the Judicial Regulations.

281.1.2

A Club or body may expel from membership and/or refuse to renew the membership of any member who has been suspended according to Regulation 109 or Regulation 241 provided that any such expulsion or initial refusal shall not be lawful after the twelve months immediately following the end of the suspension.

281.1.3

Each Club shall include in its rules provisions specifying the procedures to be carried out to handle internal Club disputes which shall include compliance with Swim England Judicial Regulations.

281.1.4

Any such provisions shall comply with the Swim England Recommended Club Constitution and the accompanying Guidance Notes.

  1.  COMPLAINT TO SWIM ENGLAND

Any dispute that involves an allegation of a breach of Swim England Regulations must be submitted to Swim England and dealt with as a complaint under the condition of Swim England Regulations 150.4 and 281.1.2. 

Judicial Regulation 102 deals with the circumstance of a complaint made to Swim England. It provides the necessary explanation that defines a complaint, the grounds on which a complaint can be made, who can make a complaint and the procedure to be used.

Judicial Regulation 102: Complaints

102.1

A complaint is a formal expression of dissatisfaction with the actions or behaviour of any person, including an individual or a Club, or other body, or organisation or with alleged unfair practice in connection with the sport. Decisions of a Club, body, organisation, association, County Association or Region on selection of teams may not be the subject of a complaint.

3.  INTERNAL DISPUTES

When a dispute arises between two or more members of the same Club, body or organisation it must be handled using the Internal Disputes procedure specified in the Club Constitutional Rules and Judicial Regulations 150 to 155.

Judicial Regulation 150: General

150.1

The primary objective of the Regulations in this section is to set out ways by which a just outcome of an internal dispute between the members of a Club, organisation, association or body may be secured as expeditiously as possible.

150.2

An ‘internal Club dispute’ is a dispute involving an alleged breach of the Club’s rules, between two or more Club members, any or none of whom may be an officer of the Club, or one or more Club members and one or more employees of the Club (the ‘parties’).

150.3

Any dispute which involves an allegation that there has been a breach of Swim England Regulations by a member must be dealt with as a Complaint under Regulation 102 and the other relevant Regulations.

150.4

If the dispute involves an allegation against a paid employee of the Club the issue must be dealt with under the terms of his contract of employment.

150.5

A failure by a Club or any of the parties to comply with Regulations 150 to 155 inclusive shall be grounds for a complaint under Regulation 102.

150.6

Organisations, associations or bodies affiliated to Swim England shall conform with such parts of Regulations 150 to 155 inclusive as may reasonably be applied to them, in all respects as if they were a Club.

Judicial Regulation 151: Sequence of steps to deal with a dispute

151.1

The parties shall use any reasonable means to settle the issues between them informally and amicably.

151.2

If such a resolution cannot be achieved, the dispute shall be referred to the Chairperson of the Club committee or, if he/she is a party to the dispute, to another officer of the Club who is not a party who within seven days of the reference shall appoint an independent person to act as a mediator between the parties. The mediator may be a member of the Club or a member of another Club affiliated to Swim England.

151.3

If the mediator is unable to bring about a satisfactory settlement within twenty one days, the Club committee shall within a further fourteen days appoint a panel (the ‘panel’) to determine the dispute.

151.3.1

The panel shall consist of three persons who have not been involved in the dispute, either from the members of the Club or, if this is not possible or desirable, from the members of any other Club affiliated to Swim England.

151.3.2

The parties shall be given the opportunity to object to any of the members of the panel at least seven days before the scheduled date of any hearing. The Club committee shall consider any such objections, decide whether they are justified and act accordingly.

Judicial Regulation 152: Procedure before a hearing

152.1

The panel members shall appoint one of their numbers to act as the Chairperson and either appoint another of their number, or alternatively appoint an additional person without any other powers, to act as the clerk of the hearing.

152.2

The Chairperson of the panel shall arrange the date of the hearing and notify the parties of the arrangements at least fourteen days in advance of the date set.  The notified date shall not be changed unless one or more of the parties has a compelling reason for not being able to attend on the notified day or time.

Judicial Regulation 153: Procedure at a hearing

153.1

The procedure shall be flexible and it shall be the responsibility of the Chairperson of the panel to ensure the orderly and effective conduct of the hearing.

153.2

The panel shall not be bound by the judicial rules of the courts of England and Wales governing procedure or the admissibility of evidence provided that the hearing is conducted in a fair and orderly manner and that each party is given a reasonable opportunity to give and call evidence, address the panel and present his case. The Chairperson shall have the discretion to limit the number of witnesses that would otherwise have been called.

153.3

Witnesses shall normally be provided with an area outside the hearing room and not take any part in the hearing other than giving evidence and responding to questions.

153.4

The parties shall be informed of their right to make a complaint under Regulation 102 if they are dissatisfied with the conduct of the hearing or the grounds upon which the decision was made or if they consider any sanction imposed to be disproportionate.

Judicial Regulation 154: Procedure after a hearing

154.1

The panel shall come to a decision as soon as reasonably practicable after the hearing and if possible announce its findings and decisions orally to the parties.

154.2

Notwithstanding anything in Regulation 154.1 the Chairperson shall notify the parties and, if the Club was not a party to the dispute, the Club secretary in writing of its findings and decisions within five days of the hearing.

Judicial Regulation 155: Considerations regarding children

155.1

Any person under the age of eighteen (a ‘child’) who is a party to a dispute or who has been called as a witness shall normally be accompanied by a parent, a person with parental responsibility or a suitable adult. The Chairperson shall have the sole discretion as to whether a child is permitted to present or defend a case or be questioned as a witness and may order that the child be assisted or represented by an adult.

155.2

The Chairperson shall give due consideration to any child attending a hearing as a party to a dispute or to give evidence and in particular:

155.2.1

No child aged fourteen or under shall normally be expected to attend a hearing to give evidence in person. His/her evidence shall normally be given as a written statement with the assistance of a Club welfare officer or other person acceptable to the child and parent. Questions and responses may be relayed by a panel member. If the child appears distressed the panel shall rely only on the written evidence.

155.2.2

A child over the age of fourteen shall only attend a hearing as a party to the dispute or to give evidence in person provided he/she wishes to, and the Chairperson has consulted with the parent and child and is satisfied that they both understand the nature of the hearing and what will happen and that the child is competent to attend.

155.2.3

If there is a disagreement between parent and/or child and the Chairperson on any of the considerations above, the Chairperson shall consider requesting advice from the Independent Child Protection Officer via the Swim England Legal Department.

155.3

During the hearing, a child who is expected to give evidence in person and his accompanying adult(s) shall be required to attend only those parts of the hearing which are necessary for him to give his evidence and shall be provided with a separate waiting area with no contact with any of the [other] parties.

155.4

After the hearing the Chairperson shall inform the parent of the panel’s findings and decisions and shall discuss whether he/she or the parent shall inform the child.


 

 

 
  Site Map