HASSRA DISCIPLINE & COMPLAINTS COMMITTEE
1. Title: HASSRA Discipline & Complaints Committee
2. Accountability: The Committee is directly accountable to the HASSRA
Board of Management
3. Composition: The Committee shall comprise: -
HASSRA Operations Director
Elected Board Member
Elected Board Member
The members of the HASSRA Board of Management serving on this Committee shall be appointed by the Board on an annual basis with such appointment normally taking place at the first Board meeting following HASSRA’s Annual Conference.
In making such appointments, the Board shall have regard to the relevant training and work-place experience of the officers and shall, where appropriate, identify and facilitate the delivery of any training deemed necessary to discharge business brought before the Committee.
4. Terms of reference: The HASSRA Discipline & Complaints Committee shall:-
• Consider and determine complaints, allegations and issues of conduct stemming from any aspect of HASSRA’s programme and, as necessary, decide on appropriate sanction.
• Seek to ensure that any HASSRA related Equal Opportunities complaints are handled in accordance with the relevant Departmental/Executive Agency procedures and that HASSRA assists in the process of investigation in a positive and productive way.
• Provide advice and assistance to regional associations on the handling and consideration of minor issues not falling to the Committee for direct determination;
• Annually review the volume and nature of complaints and submissions received and provide the Board of Management with a report on activity levels.
5. Frequency of Meetings
The Committee shall only be required to meet as dictated by the volumes of complaints/submissions received and in some circumstances, it may be both appropriate and expedient for the Committee to deal with matters without the need to meet.
6. Delegated Authority
The Committee shall have delegated authority from the HASSRA Board of Management to consider all complaints and submissions they receive. Where appropriate, the Committee shall decide if a sanction or range of sanctions shall apply to a member or members who are the subject of a complaint.
7. Suspension of Programme Access
Following receipt of a complaint or submission, the Committee shall also have the power to suspend the member(s) concerned from all or part of the Association’s programme. For example, where a complaint is received concerning the conduct of a member taking part in one of HASSRA’s National teams, the Committee may consider it appropriate to suspend the member(s) from participation in any National HASSRA Team whilst the complaint is being investigated and considered. Where any form of suspension is agreed, the member(s) concerned shall be provided with written confirmation of the suspension and this should clearly state the areas of HASSRA’s programme for which s/he may not participate or avail themselves of. Such confirmation should also confirm the position in respect of voluntary deductions from salary, which cannot be stopped, suspended or cancelled without the authority of the member.
8. Inter-Action with Host Departments/Employers
Subject to the nature and subject matter of referrals, the Committee shall liaise closely with official business areas to establish whether host departments and employers wish to instigate investigations of their own, either jointly with or separately from HASSRA. When the host business area elects to instigate its own investigation, the Discipline & Complaints Committee shall, normally, await the outcome of this investigation before finalising its own considerations. In such circumstances, the evidence and conclusions reached by the host business area, including the extent to which official sanctions may be applied to the member(s) concerned, shall be taken into account in any subsequent deliberations made by the Committee.
9. Formal Investigations
One potential source of submissions for consideration by the Committee will stem from Formal Investigations (FI’s). FI’s may be instigated under a variety of different circumstances, some of which may not necessarily be brought to the attention of the Association at the initial stages. However, it is normal practice for FI’s to be brought to the attention of regional association Chairpersons and, regardless of whether or not the Committee are required to play an active role in the deliberations, the circumstances of all HASSRA related FI’s should be referred to the Committee. This should either be for active consideration or merely for information purposes. In this way a broader range of experience will be achieved and the Committee can report any national trends or matters of concern to the National Board of Management.
10. Appeal
Where, following the determination of a complaint or submission, the Committee determines that a sanction should be imposed, the member can appeal against the decision. Simply disagreeing with the decision reached by the Committee shall not be considered adequate grounds for appeal. The appeal process is a one stage determination and shall be considered by the HASSRA Board of Management. Such a consideration shall not include any member of the HASSRA Disciplinary & Complaints Committee involved in the consideration of the incident/complaint under scrutiny. The Board shall have access to the same evidence as the Disciplinary & Complaints Committee, the report of the Committee’s original recommendations, plus any new or additional representations made by the member(s) concerned. The time limit to submit an appeal shall be one calendar month from the date of notification of sanction.
11. Summary of findings
A summary of complaints and any subsequent findings will be issued annually to HASSRA officials and regional associations, it will also incorporate any cases dealt with at regional level. This will ensure a more consistent approach when handling future complaints.
12. Conclusion
The above arrangements are, in general terms, very similar to the arrangements that already apply within the Association. This paper and HASSRA Conduct & Discipline Policy and Procedures seek to apply a more formal structure and clarity of guidance for all involved, including individual members wishing to lodge a complaint or those who find themselves the subject of one.
20 November 2001
Updated: 12th April 2002
Updated: 16th November 2004
Updated: 21st September 2006