The following is the Swim England procedure for Warminster & District Swimming Club (WASC) to ensure any internal disputes between any WASC members (swimmers and/or adults) are handled correctly from the outset. Most clubs from time to time have disputes and these can usually be resolved amicably between the individuals concerned.

WASC are required to have a fair and open disciplinary system to handling internal club complaints. All disputes will start with a mediation meeting and then progress to a club complaint hearing if required.

Why do disputes arise within sport?

Sport is competitive and a highly selective environment, at both amateur and professional level. Energy, focus and commitment, which are essentially qualities for sporting success, can be negative factors when a dispute arises. The passion and emotion at the heart of sport is replicated in every dispute or reasons for a Club Complaint.

These qualities are also seen within volunteers and parents of swimmers, usually to the great benefit of the sports. As with participants, this passion can give rise to a Club Complaint from time to time. Underlying factors that affect upon the resolution of conflict may include emotions, self-esteem, personal values and the need to be heard. Appreciation of these factors is crucial in resolving any sports dispute. Recognition of the need to be heard, and how that need is managed is important in creating a workable solution which will enhance future relationships. 

Definitions:

  • Club Complaint: a complaint involving an alleged breach of the club’s rules or any other dispute not relating to an alleged breach of Swim England regulations, 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. 
  • Club Complaint Form: a form, which is completed by the person making the complaint, the respondent and the Club Chair.
  • Club Chair: principle officer of the Club
  • Complainant: a party who makes a Club Complaint.
  • Respondent: a party subject to a Club Complaint.

Club complaints

In a club environment, there can be issues or disputes.

Sometimes, members within a club fall out, or a member has an issue with their club’s committee.

Where a club complaint occurs, Swim England encourages those involved to try and resolve it informally at first.

However, if that is not possible, Swim England’s Judicial Regulations provide a club complaints process for clubs to follow to try and resolve these issues and prevent the issue getting any worse. A club complaint can range from a dispute between two members of the club, to an allegation that someone has breached the club’s rules.

A club complaint may be made by raising the issue with the chair of the club using the club complaint form provided below. Please read the Judicial Regulations and the guidance documents before doing so. If, following the club complaint process, you consider the outcome to be unfair, in some circumstances you may be able to appeal the outcome to Swim England.

 

If any member of WASC has a complaint against another member of the club (swimmer, parent, coach, official, volunteer etc) then the club will follow the below steps.

Please find HERE the Swim England flow chart for club complaints

Stage 1

Issue arises within the club, Informal Resolution is attempted first more amicably 

Stage 2

Informal resolution fails and progresses to the Club Complaint

If the matter cannot be so resolved, the Complainant should download a copy of the Club Complaint Form .

The Club Complaint Form should be completed and returned to the Chair (or nominee) within 28 days of the matter being complained about arising

The full process and timings of club complaint form can be found in the SE Judicial Regualtions.

Stage 3

Club Hearing

Where a matter cannot be resolved informally, a Club Complaint Hearing will take place. However, after a Club Complaint has been made, it is still open to the parties to seek informal resolution and, to encourage such, any timeframes within the Regulations will be paused while the parties seek to come to an informal resolution.

Within 28 days of receiving the Respondent’s reply to the Club Complaint, the Club Chair shall appoint a Club Complaint Panel, formed of three members. The Club Complaint Panel must then appoint one of its members as the Chair. Those that are appointed to form a Club Complaint Panel must be drawn from membership of that Club, any other Club affiliated with Swim England, or its County and/or Region. 

Within 21 days of being appointed, the Chair of the Club Complaint Panel shall arrange the date of the hearing and notify the parties of such.

The hearing must take place between 14 and 56 days after the date of notification, unless the parties agree that it can be held sooner. The Chair shall also issue directions on how the hearing will proceed, for example how any evidence will be provided, whether there will be a cap on the number of witnesses, or (if both parties agree) that the Club Complaint will be considered on the basis of paper statements only.

 

Stage 4

Club Complaint Decision

Upon completion of the Club Complaint Hearing, the Club Complaint Panel shall provide a written decision to the parties and the Club Chair within 28 days.

If the decision is that there has been a breach of Club rules, it may apply sanctions.

If the panel believes that a breach of Swim England Regulations has taken place, the matter should be referred to the Office of Judicial Administration as a Judicial Complaint. Swim England has produced guidance for Clubs to use when imposing sanctions following a Club Complaint. Club Complaint Panel should consider the guidance when applying sanctions to ensure that they are proportionate and reduce the likelihood of an appeal. We have also produced a template for determinations that may be used by a Club Complaint Panel to write the written decision. 

The outcome to a Club Complaint is binding upon the parties to it, however, it may be appealed in certain limited circumstances, detailed below and also in the SE judical regulations. 

Stage 5 - If needed 

Judicial Complaints (Regulation 108)

A Judicial Complaint may include:

1. a complaint alleging serious misconduct (action, behaviour or practice with the potential to bring the sport into disrepute) by a Club or individual;

2. a complaint alleging a breach of Swim England Regulations or the Code of Ethics; or

3. a complaint which is not solely within the jurisdiction of one Club.

Additionally, the Judicial Commissioner has the power to direct that any Club Complaint must instead be determined as a Judicial Complaint and vice-versa.