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Disciplinary Code This Code of Conduct was adopted by the Council of The Society at its meeting on 22 May 2001. It is binding on all Society Members. 1. This Disciplinary Code supports the Code of Conduct that applies to all Members of The Society, and the special Code of Conduct that applies to Council Members only. 2. Article Seven of The Society's Articles of Association provides for disciplinary action to be taken against Members. This Disciplinary Code sets out the process by which The Council of The Society shall exercise this function, and how it shall delegate its authority as appropriate within the remit of this Article. 3. The body charged with ensuring that disciplinary procedures are carried out properly and fairly shall be the Executive Committee of The Society. The Executive Committee's interpretation of the meaning of any articles in either the Code of Conduct or the Disciplinary Code shall prevail unless and until Council votes to approve a differing interpretation. 4. All Members of The Society and all members of staff employed by The Society shall respond in a responsible and proactive manner when any indication that the Code of Conduct may have been breached comes to their attention. All members of staff and Members of Council shall investigate and deal with such information in a timely manner, having regard to the rights of the Members against whom the information is brought; the legitimate concerns of the informant and the good name and standing of The Society. 5. Any staff member or Member of The Society who believes that the Code of Conduct may have been breached by any Member (referred to hereafter as 'the Member') shall pass this information to the appropriate member of staff as soon as possible. If the information concerns a Member of Council the appropriate member of staff is The Chief Executive of The Society. If the information is about any other Member the appropriate member of staff (referred to hereafter as 'the member of staff') is the Head of Membership Services. 6. The member of staff shall consider how best to deal with the information received. In case of doubt, the Head of Membership Services shall consult with The Chief Executive, and the Chief Executive shall consult with The Chairman. With the exception of such consultations, the information shall be kept confidential. 7. If the information brought to the attention of the member of staff indicates that there may be a prima facie case against a Member, the member of staff shall then gather as much information as possible in as complete and timely a manner as circumstances may allow. This shall include: obtaining details in writing from the original informant and any other relevant sources and determining whether the informant wishes to remain anonymous. The member of staff shall notify the informant within 10 working days of receiving their information how, if at all, The Society will act on the matter. 8. The member of staff shall make appropriate efforts to determine whether any statutory or regulatory body is already dealing with the case. If the case is referred forward for further consideration by the Chairman of the appropriate disciplinary body, the member of staff shall advise the Chairman accordingly. 9. The member of staff may then determine to pursue the information no further, as there is no substantive case for the Member to answer. In this case the informant shall be advised that the case is being closed, and the information they have provided will be filed by The Directorate. 10. If the member of staff decides to pursue the question, they shall inform the Member in writing (by recorded delivery or appropriate alternative outside the UK) that information about them has been brought to the attention of The Society. The Member shall also be informed at this point of: · the nature of the case brought against them The Member shall be invited to respond in writing within 21 days. 11. At the end of 21 days the file (including the Member's response if this has been received) shall be passed to the appropriate disciplinary body, as follows: 11.i. If the Member is a Member of the Executive Committee, the appropriate disciplinary body is The Council of the Society. In this case the member of staff shall pass the file to The Chairman of The Society. If The Chairman decides to pursue the matter it shall be discussed at the next meeting of Council, with the Member concerned absent. Council shall vote to decide any action it wishes to take, and shall charge The Chairman with carrying out its wishes. 11.ii. If the Member is a Member of Council but not a member of the Executive Committee, the appropriate disciplinary body is The Executive Committee. In this case the member of staff shall pass the file to The Chairman of The Society. If the Chairman decides to pursue the matter it shall be discussed at the next meeting of the Executive Committee. This Committee shall vote to decide any action it wishes to take, and shall charge the Chairman with carrying out its wishes. 11.iii. If the Member is not a Member of Council, the appropriate disciplinary body (hereafter referred to as 'the disciplinary body') is the Communications and Membership Committee. In this case the member of staff shall pass the file to the Chairman of this Committee. If the Chairman of this Committee decides to pursue the matter it shall be discussed at the next meeting of the Committee. This Committee shall vote to decide any action it wishes to take, and shall charge its Chairman with carrying out its wishes. If no meeting of the Communications and Membership Committee is scheduled within one month of the Chairman of the Committee receiving the file, the Chairman of the Committee may refer to case to the next scheduled meeting of either Council or the Executive Committee, whichever is earlier, to be heard there. 12. The Member shall in all cases be offered a reasonable opportunity to appear in person before the disciplinary body if they wish to do so, but shall not be compelled to appear. The chairman of the disciplinary body may determine whether the Member may have any other person present during their hearing, and whether that person may be allowed to make any representations on the Member's behalf. 13. The disciplinary body shall consider the case and reach a decision both on the culpability of the Member and on which sanctions, if any, it wishes to apply, by majority vote. The body may apply any the following sanctions against the Member: · Suspension from membership for a period and forfeiture of any
current membership fees 14. In its early decisions, the disciplinary body shall have regard to the fact that it is establishing precedents against which future cases shall be measured. Where precedents for action and sanctions exist, the appropriate disciplinary body shall have due regard to these in making its decision. 15. In all cases the appropriate member of staff shall notify in writing any informants or complainants, as well as the Member, of the disciplinary body's decision, and of the Member's right of appeal. 16. For a period of 30 days from the date on which written notification is sent to the Member of the decision of the Disciplinary Body, the Member shall have a right to give notice of a wish to appeal against the decision of the Disciplinary Body to the Appeals Committee. This notice shall be made to The Chairman of The Society in writing and shall state the reasons for which the Member is not satisfied with the decision of the Disciplinary Body and the basis on which the proposed appeal is to be made. On receipt of this notice The Chairman shall convene the Appeals Committee. 17. The Appeals Committee shall be constituted as follows: 17.i. The Chairman of The Society (for whom the Deputy Chairman may deputise) 18. The Appeals Committee shall in the first place determine whether it wishes to hear the Member's appeal or not. The Appeals Committee may determine to pursue the matter no further on the basis that there is no substantive ground for appeal. 19. If the Appeals Committee decides to hear the appeal, The Member shall be given a reasonable opportunity to appear in person before the Appeals Committee if they wish to do so, but shall not be compelled to appear. The Chairman of the Appeals Committee may determine whether the Member may have any other person present during their hearing, and whether that person may be allowed to make any representations on the Member's behalf. 20. All documentation on investigations and hearings involving alleged or actual breaches of The Society's Code of Conduct shall be held by the Directorate for a period of three years. Responsibility for ensuring that the appropriate confidentiality is assured shall rest with the Directorate. The Directorate shall also provide any relevant information on precedents to the appropriate disciplinary body. If you have any questions about this disciplinary code please contact the Membership Office. |