Policy – Dispute Resolution

This document outlines the operational steps to be taken when a formal grievance or disciplinary matter arises. It should be read in conjunction with the Dispute Resolution Policy.

Phase 1: Intake and Assessment

  1. Receipt of Complaint: All formal complaints must be submitted in writing to the Secretary.
  2. Initial Review: The Executive Committee (President, Vice President, Treasurer, and Secretary) shall meet within 48 hours to determine if the complaint falls under:
    • Level 1 (Minor): Behavior breaches or club-level disagreements (proceed to Mediation).
    • Level 2 (Major): Serious breaches of the Constitution or Member Protection standards (proceed to Disciplinary Hearing).
    • Level 3 (External): Matters involving criminal activity or National Integrity Framework (NIF) violations (referred to Police or Basketball ACT).

Phase 2: The Hearing Procedure

  1. Notice of Hearing: If a Level 2 breach is identified, the Secretary issues a “Notice of Disciplinary Hearing” to the member, providing at least 14 days’ notice.
  2. Panel Appointment: The Board appoints a Disciplinary Panel of three (3) unbiased members.
  3. The Hearing: The panel convenes to hear the evidence. The member is given the opportunity to speak, present witnesses, and respond to all allegations.
  4. Deliberation: The panel adjourns to consider its decision based on the balance of probabilities.

Phase 3: Outcome and Notification

  1. Notice of Decision: The Secretary provides the member with a written “Notice of Decision” within 7 days of the hearing. This notice must include:
    • The finding (Proven/Not Proven).
    • The penalty imposed (if any).
    • The reasons for the decision.
  2. Right to Appeal: The Notice of Decision must explicitly state that the member has a right to appeal the outcome.

Phase 4: Finalization or Escalation

  1. Closing the File: If no appeal is lodged within the timeframe specified in Attachment 2, the decision is final, and the Secretary updates the club’s records.
  2. Initiating Appeal: If the member wishes to challenge the decision, the process must follow the instructions and timelines outlined in Attachment 2: The Appeals Process.

Process Flow Summary Table

StepActionAuthorityLink
1Complaint LodgedSecretaryPolicy Section 3
2AssessmentExecutive BoardAttachment 1, Sec 2
3Formal HearingDisciplinary PanelAttachment 1, Sec 5
4Final DecisionDisciplinary PanelAttachment 1, Sec 7
5Appeal RequestMemberSee Attachment 2
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