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Section 3 - UKPSA Internal Disciplinary Procedures

Introduction

  1. The sport of Practical Shooting, along with any other pursuits which involve the lawful use of firearms, requires everyone involved to hold themselves to the highest standards of conduct at all times. Within any sport or organisation however, there will inevitably be occasions when grievances arise or an individual’s behaviour falls short of the standards set by the Association. In these instances, the policy described below will be followed. Continued membership of the Association is dependent upon acceptance of this policy and the understanding that individual members will be held accountable for their actions if their behaviour falls short of that expected by the Association.

Code of Conduct

  1. Everyone is expected to maintain the highest standards of conduct and behaviour whilst they are involved in activities directly linked to the activities of the Association. Association members should conduct themselves in an honest, fair, impartial and transparent manner; treating everyone with the same respect they would wish others to show towards themselves. Whilst not exhaustive, shown below are examples of behaviours which are deemed unacceptable by the Association and an indication of how they may be classified by the Association. 
    1. Examples of Behaviour Which May Be Classified as Misconduct:
      • Rudeness to other UKPSA or IPSC members, competitors, spectators, or officials.
      • Cheating when competing, or officiating, at an UKPSA or IPSC match or event.
      • Careless loss of, or minor damage to, UKPSA property.
      • Inappropriate behaviour, especially where such behaviour is likely to reflect poorly upon the Association.
      • Discrimination on the grounds of race, religion, sex, age or disability.
      • Minor breach of the UKPSA Constitution, byelaws, rules and regulations.
    2. Examples of Behaviour Which May Be Classified as Gross Misconduct:
      • Theft or unauthorised possession of UKPSA property.
      • Serious, deliberate or reckless damage to UKPSA property whether physical or electronic (for example e-mails or documents).
      • Deliberate and wilful falsification of reports, accounts, or expense claims.
      • Intoxication on the range by reason of alcohol or drugs when actually competing, or officiating, at an UKPSA or IPSC match or event.
      • Serious breach of the UKPSA Constitution, byelaws, rules and regulations
      • Fighting or other violent, dangerous or intimidating conduct at an UKPSA or IPSC match or event, this includes on and off range.
      • Bullying, sexual, racial or other harassment of other UKPSA or IPSC members, competitors, spectators, or officials.
      • Gross negligence or incompetence (excluding disqualification as a competitor) at an UKPSA or IPSC match or event.
      • Bringing the sport, the UKPSA or IPSC, into disrepute.
      • Sending or publishing abusive, scandalous, obscene or defamatory communications of any kind (including without limitation text messages, email or Internet forum postings) to, or concerning, the UKPSA or IPSC, UKPSA or IPSC Officers, members, competitors, spectators, or officials.

Note: Whilst a complaint may cite behaviour or conduct which is categorised as either Misconduct or Gross Misconduct in the list above, there will always be aggravating or mitigating factors which will be considered before making any determination as to how the complaint will be classified. A competitor who has a dispute about the application of IPSC rules at a sanctioned match should resolve this at the event through the Range Master and/or arbitration committee using the procedure laid out in the IPSC rules. Such disputes would not normally be treated as complaints.

Authority to Deal with Complaints

  1.  The Association authorises the UKPSA Council and those members of the Association appointed to the Conduct and Standards committee to deal with complaints. Additionally:
    • The Training Committee are specifically authorised to deal with complaints received that relate specifically to the conduct of UKPSA Training Personnel
    • The National Range Officer Institute is specifically authorised to deal with complaints that relate to the actual conduct of match officials when working at UKPSA or IPSC competitions.
  2. The UKPSA Council may appoint between 3 and 5 members of Council, together with 1 UKPSA member who is not a member of Council, to form a Disciplinary Committee. The appointments shall normally be made at the first Council meeting following an AGM. In the absence of a separate Conduct and Standards Committee being formed, the UKPSA Council shall be the Conduct and Standards Committee.

Confidentiality

  1. During the processing of any complaint or appeal all information pertinent to that complaint or appeal shall be treated as confidential. For the avoidance of doubt, information pertinent to a complaint or appeal may be passed to any member of Council or the Conduct and Standards Committee, with those individuals ensuring that information is not disclosed beyond the management structure of the Association. 
  2. Due to the confidentiality requirements of GDPR, no information about disciplinary actions may be disclosed to members not involved in the complaint itself or the hearing of that complaint insofar as possible. 
  3. When a complaint is made by one member against another member, insofar as possible, the identity of the complainant will not be notified to the member or members who are the subject of the complaint.
  4. Upon advice from the Information Commissioners Office, discussion of complaints amongst Council and Conduct and Standards Committee members shall not be disclosed under the terms of a GDPR Subject Access Request.

Make a Complaint

  1. If an Association member feels it necessary to make a complaint, they should do so in writing to the Association Secretary and note the following:
    1. Time limits. All complaints must be submitted within 2 months of the incident. Only in
      extraordinary circumstances will a complaint be considered outside this time limit.
    2. Raising a Complaint. All complaints shall be submitted to the Secretary in writing. It is expected that the complaint will be received from the injured party, where applicable. In circumstances where a complaint is received from a third party, but none is received from the injured party, the complaint may be set aside until such time as a complaint from the injured party is received. When raising a complaint, Association members should include the following information as a minimum:
      • The date and time of the alleged incident?
      • Where the incident took place?
      • Who was involved?
      • Who witnessed the incident?
      • What happened in chronological order?
    3. All complaints received will be passed to the Conduct and Standards Committee who will conduct an initial review and then determine and direct subsequent action. 
    4. As part of their initial review, the Conduct and Standards Committee will consider the complaint and any aggravating or mitigating factors and determine if:
      • The complaint has merit and there are grounds to proceed.
      • If the alleged incident should be initially treated as Misconduct or Gross Misconduct.
      • In the case of Misconduct, whether formal or informal procedures are appropriate.

Note: Whenever possible, minor conduct issues will be resolved on an informal basis. In the event that a resolution cannot be attained in this manner; then formal procedures will be initiated. 

    1. The decisions described in this section (“Raising a Complaint”) are final and not subject to appeal.

Resolving a Complaint

  1. Informal Procedures. The Conduct and Standards Committee, having conducted their initial review of the complaint, may employ whatever informal procedures they deem appropriate to the situation in order to resolve the complaint.
  2. Formal Procedures. These formal procedures have been adopted to enable all complaints, regardless of their classification, to be dealt with fairly, consistently and with a minimum of delay. All complaints determined by the initial review to have merit and to require formal procedures will be subject to a full investigation and if appropriate, a full disciplinary hearing at the discretion of the Conduct and Standards Committee. Upon receipt of a complaint, the Conduct and Standards Committee will carry out an initial review and determine if it is appropriate to suspend the membership of anyone cited in the complaint while their investigation is conducted. The definition of suspension is as set out in the “Written Warning and Additional Sanctions” section which is in turn part of the “Sanctions” section, below. Any decision to suspend the membership of anyone cited in a complaint will be notified immediately in writing. The letter of notification will make clear to the individual concerned the precise terms of such suspension.
    1. Investigation. Following their initial review, and if appropriate, the Conduct and Standards Committee will conduct a full investigation of the complaint. This investigation should attempt to determine the facts as well as to identify any witnesses or other persons relevant to the case and to gather and confirm any evidence. The investigation should ideally take place as soon as possible and, where the complaint is related to a specific UKPSA or IPSC match or event, the investigation should ideally take place while all relevant persons are available. A member who is the subject of an investigation will usually be requested for his/her version of the events leading to the investigation. A failure to cooperate will not prevent the investigation from taking place.
    2. Disciplinary Hearing. If, as a result of the investigation, the Conduct and Standards Committee determines that a full hearing is appropriate, the member will usually be advised in writing of the decision and given the details of the complaint against him/her. The member will be advised as to the nature of the complaint and given an opportunity to review any evidence or witness statements supporting the complaint. The member will be advised in writing of the time and place of the hearing, which he/she will be requested to attend. In certain circumstances, such as at or during a match, this notification may instead take place verbally, however this will always subsequently be confirmed in writing.
      1. Where possible, the member will be expected to provide a response to the complaint, in writing, as well as any evidence supporting his/her position at least 7 days in advance of the hearing, provided they have been given reasonable opportunity to review any evidence or witness statements supporting the complaint.
      2. The hearing will be conducted by the Conduct and Standards Committee and additional members of the UKPSA Council may be co-opted to assist at this or any other point in the proceedings. The hearing will be conducted either in person or by telephone/video conference if it is too difficult or costly to conduct the hearing with all parties physically present. This decision lies solely with the Conduct and Standards Committee.
      3. During the hearing, the member will be offered the opportunity to explain their response in person and discuss the complaint and all evidence with the Conduct and Standards Committee. Further evidence may be submitted during this process, but the Conduct and Standards Committee may wish to reconvene the hearing at a later time or date if they need more time to fully consider this evidence.
      4. In due course the member will be advised of the Committee’s decision and any penalty, if applicable. This will be advised in writing, either by email or by regular post. If applicable, the member will also be advised as to the right of appeal and the applicable procedure to lodge such an appeal.
    3. Right to be Accompanied at a Conduct and Standards Hearing. A member may choose to be accompanied or assisted by another Association member during any disciplinary hearing. A member under the age of 18 must be accompanied or assisted by an adult, who should be a member of the Association. In a case where the hearing is conducted by telephone/video conference, the chosen assistant will be included in the process.
      1. The member must advise the Conduct and Standards Committee, in advance, of any person the member wishes to be included in the procedures or at any hearing. Reasonable requests for such person to be involved and/or present will be accepted and the procedure may be delayed for up to 7 days to allow time to make any necessary arrangements. Some persons may not be acceptable. For example, other persons who were involved in the event(s) which led to the complaint might not be approved. The Conduct and Standards Committee reserves the right of approval in all cases, which will not be unreasonably withheld.
      2. Evidence submitted by the member’s assistant may be taken into consideration, but all inquiries directed to the member must be answered by the member.
      3. A member’s failure to participate in this process, or refusal to answer questions, or provide details, will not prevent the Conduct and Standards Committee from making a decision or determining what disciplinary action, if any, to take.
    4. Record of Formal Proceedings. The outcome of any disciplinary hearing shall be formally recorded by the Chairman of the Conduct and Standards Committee and subsequently retained by the Association Secretary in accordance with the Associations’ Privacy Notice.
    5. Retention policy. This policy for the retention of information and evidence collected during the processing of a complaint by the Conduct and Standards Committee is in addition to the retention policy set out in the Association’s Privacy Notice. The following artefacts should be retained by the Conduct and Standards Committee for 30 days beyond the official notification that the Association considers the matter to be closed after which time they should be securely destroyed:
      • Any statements and evidence collected from Association members in the course of an investigation;
      • Any emails between members of Council and/or the Conduct and Standards Committee discussing the complaint;
      • Any notes or recordings (including, without limitation, paper, electronic, audio and video) made of meetings pertinent to this Disciplinary Procedure.
    6. The following artefacts should be retained in accordance with the retention policy set out in the Association’s Privacy Notice by the Secretary:
      • The original complaint;
      • All formal letters issued by Council or the Conduct and Standards Committee;
      • The outcome/findings of the Conduct and Standards Committee;
      • Any appeal received by the Association against the findings of the Conduct and Standards Committee;
      • The outcome/findings of Council in considering any appeal against the findings of the Conduct and Standards Committee

Sanctions

  1. Following the investigation of a complaint where allegations have on the balance of probabilities been proven, the Conduct and Standards Committee will recommend appropriate sanctions to be levied against the individual concerned. These sanctions will normally take one of the following forms:
    • A verbal warning
    • A written warning
    • A written warning and such other additional sanctions (e.g. suspension) as determined by the Conduct and Standards Committee
    • Termination of membership of the UKPSA
    1. Verbal Warning. The Chairman of the Conduct and Standards Committee will issue a verbal warning to the individual concerned. A record of the verbal warning will be retained for a period of 12 months by the Disciplinary Committee from the date of issue and subsequently securely destroyed after this point.
    2. Written Warning. The member will be advised of the precise nature of the misconduct in writing. The warning will state that any further offence or misconduct on the part of the member will result in the termination of UKPSA membership or such other sanction as is determined by the Conduct and Standards Committee. A copy of the written warning will be retained while the individual remains a member of the Association however, will be disregarded for disciplinary purposes usually after a period of 12 months, subject to satisfactory conduct during this period. The Conduct and Standards Committee may specify a shorter or longer period.
    3. Written Warning and Additional Sanctions. In addition to issuing a written warning the Conduct and Standards Committee may decide to suspend a member and/or impose other sanctions. Suspension shall mean suspension of all membership privileges, by way of example and without limitation, this may include: access to UKPSA Forum; access to UKPSA Facebook group; access to similar online forums; eligibility to be signed off to compete in, or officiate at, IPSC matches or events in other IPSC Regions; eligibility to compete in, or officiate at, UKPSA matches at level 2 and above; eligibility to participate in other UKPSA events which are only open to members; eligibility to stand for any Council position; eligibility to vote at any UKPSA meeting; eligibility to speak at any UKPSA meeting. The period of suspension will usually be between 3-12 months, but in extreme cases may be for a period of up to 24 months.
    4. Termination of Membership. Termination of membership will usually only be recommended in cases of gross misconduct or in cases of repeated or multiple offences, be they misconduct or gross misconduct, within a set time period (usually within 12 months). However, during a member’s first year of membership of the Association (this shall include members re-joining after their membership was previously terminated), a single case of proven misconduct will usually result in termination of membership. If a member fails to act upon the requirements for improved behaviour and conduct specified in a written warning, or is the subject of a new proven complaint, then the member may have his/her membership terminated in accordance with Article III of the UKPSA Constitution.
    5. Reapplication for Membership. Individuals whose membership is terminated for reasons other than gross misconduct may not reapply for membership until a period of 12 months from the date of the termination has elapsed. Individuals whose membership is terminated for gross misconduct may not reapply for membership until a period of 24 months from the date of the termination has elapsed. All such reapplications for membership are subject to a probationary period of 24 months followed by confirmation of Council that membership be offered on completion of the probationary period. It will be allowable for Council to extend the probationary period should they deem it necessary or desirable. Article III of the UKPSA Constitution shall apply to all such reapplications and shall apply throughout the probationary period:
      1. III Membership
      2. Membership of the Association shall be open to persons or bodies interested in furthering the objects of the Association or participating in its organisation but no person or body shall be a member unless his or her or its membership has been accepted by the Council who shall have an absolute discretion not to accept any person or body as a member without giving any reason therefor.
    6. Enforcement of Sanctions. In circumstances where the Conduct and Standards Committee have determined that an appropriate sanction should be levied against an individual, with the exception of a Verbal Warning, they will impose the sanction as follows:
      • 22 days after the formal notification of the outcome/findings of the Disciplinary Committee where no appeal has been received by the Association.
      • Immediately following the conclusion of an appeal to Council where either the recommendation of the Conduct and Standards Committee was upheld or the recommended sanction was varied. 

Appeals Procedure

  1. In all cases where the Association’s Conduct and Standards process has resulted in a recommendation that a sanction should be imposed upon an individual, with the exception of a verbal warning, that individual shall have the right to appeal the matter to Council.
  2. If a member chooses to appeal, the appeal must be in writing. The member must state the basis for the appeal as follows:
    1. Appeal Against the Decision. A member may appeal to Council against the finding determined by the Disciplinary Committee and should provide details of any incorrect or misapplied facts or arguments which the Disciplinary Committee relied upon in reaching their original decision.
    2. Appeal Against the Recommended Sanction. A member may appeal to Council against the sanction recommended by the Conduct and Standards Committee and should provide details of the mitigating factors or arguments which they believe were not considered when the sanction was determined.
  3. In either case, an individual must send or deliver their appeal to the UKPSA Secretary within 21 days of receipt of the original notification of the outcome/findings of the Conduct and Standards Committee. Appeals received after this time will in all but the most extenuating of circumstances be rejected. There may be an appeal hearing at the absolute discretion of Council and, if this is the case, all involved parties should ideally attend a physical meeting if reasonably possible. If not, the hearing will be held by telephone/video conference. As in the previous procedures there is the right to be accompanied or assisted and the hearing may be postponed for up to 7 days to facilitate these arrangements.
  4. All documents pertinent to the complaint (such as the original complaint, the member’s response to the original complaint, the Conduct and Standards Committee’s decision, the member’s appeal and any other relevant documents) must be delivered to UKPSA Council at least 14 days prior to the appeal hearing so they can be fully prepared for the hearing.
  5. The appeal hearing will be conducted within a reasonable period of the appeal being lodged. The result of the appeal will be confirmed in writing within 14 days of the appeal meeting. The direction and decisions of Council when considering any appeal shall not be subject to any further appeal.
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