CODE OF CONDUCT, DISCIPLINARY & DISPUTE RESOLUTION POLICY
                                                                                         Whangaparaoa Golf Club
                                                    Code of Conduct, Disciplinary and Dispute Resolution Policy (“the Policy”)
1. Introduction
The purpose of the Policy, which is a By-law made by the Management Committee (the “MC”) under Rule 18 of the Whangaparaoa Golf Club Inc. Constitution & Rules (“the Rules”), is to assist members and guests of Whangaparaoa Golf Club to know and understand the standards of behaviour expected and the process for dealing with complaints when those standards are breached. The Policy and By-law shall always apply when at Whangaparaoa Golf Club or representing Whangaparaoa Golf Club in outside competitions.
The policy sets out the disciplinary process and outlines to all players, members staff members and the public how to make a complaint and how the disciplinary process of Whangaparaoa Golf Club works. Any official complaints against a member of staff are governed by their terms of employment, and any such complaint should be made in writing to the Manager.

2. Code of Conduct
As a member of Whangaparaoa Golf Club, a certain standard of behaviour is expected that reflects the basic requirements of sportsmanship, integrity, courtesy and respect to be shown to all other members, competitors, officials and the public.
Without limiting the basic requirements of sportsmanship, integrity, courtesy and respect, matters of conduct likely to reflect unfavourably on the game include:

• Foul and abusive language.
• Failure to adhere to the club rules and etiquette of the game of golf on and off the course.
• Unsportsmanlike conduct and unnecessary gamesmanship.
• Physical violence and threatening behaviour, including towards employees of the Club.
• Bullying or harassment in contravention of a zero-tolerance policy within the Club.
• Failing to comply in that only alcohol purchased from the Club may be consumed on the course.
• Criminal conduct.
• Failure to comply with any penalty imposed under the Club Rules.
• Other matters specifically referred to in Appendix 1.

A person engaging in any behaviour that may be detrimental to the game of golf or Whangaparaoa Golf Club is in breach of the Policy and should be reported to the Commercial Manager who would respond according to the provisions of this policy.
It is in the best interests of the game that such behaviour is reported and all players, members, employees and members of the public are encouraged and have a duty to report such behaviour.

3. The Management Committee
The Management Committee of Whangaparaoa Golf Club will oversee the Complaints Procedure set out in Section 4 of the Policy and will conduct investigations, hearings and impose penalties within the guidelines in Section 7 of the Policy as may be deemed necessary.
The Management Committee will also be responsible for implementing the Policy in a fair and impartial manner. The President will act as Convenor.

4. Complaints Procedure
Complaints may be made by any person including a competitor, member, staff member, visiting guests, other associated golf club members, and members of the public.
Complaints must be made in writing to the Manager of the Whangaparaoa Golf Club, within 5 working days of the matter occurring.
Once a complaint is received, the Manager will determine the nature of the offence and if, in his opinion required to do so, grade it in accordance with Section 5 below. The Manager will then take the following actions;
If the matter is Grade 1, of a minor nature, the Manager will discuss the complaint with the person(s) involved and deal with the complaint by either dismissing the complaint or deal with it by way of the first step in Appendix 2 and whereupon the matter will be closed;
If the matter is Grade 1, but the person involved has already had Step One of Appendix 2, then the Manager will seek counsel from the Management Committee then discuss the complaint with the person(s) involved and either dismiss the complaint or deal with it by way of Step Two in Appendix 2 and whereupon the matter will be closed;
If the matter is a Grade 2 or Grade 3 offence, or involves a Grade 1 suspension or expulsion, the Manager will carry out a preliminary investigation and gather such written evidence as is reasonably available within 5 working days from the receipt of the Complaint notice. This may include speaking to the accused person and getting a written report from that person. The matter will then be referred to the Management Committee in accordance with Section 6 of the Policy.
The Manager will, in taking any of the steps above, adhere to and act in accordance with the rules of natural justice, and will also be responsible for keeping all parties involved informed about the complaints process. In general terms the Manager will have regard to the processes and procedures the Management Committee must follow in Section 6(b) of the Policy.
Step 1 will only be taken if the offence is of a lesser scale, otherwise a penalty of suspension will usually be imposed.
A clean slate policy will apply to any Grade 1, Grade 2 or Grade 3 offence which did not result in the suspension or expulsion of a member after a twelve-month period from date of last penalty.

5. Grading of Complaints
All complaints and charges are to be graded 1 to 3 with one being the lightest grading and three the most serious. This is done by reference to Appendix 1 and the following notes.
The Manager is required to determine the grading of the offence. The grading allocated will determine the action to be taken and the potential penalty a member may receive. Therefore, consistency of grading across offences is important and it is a requirement that records are kept to support the grading process.
On some occasions, the Manager may not recommend a grading because of the seriousness of an incident and may automatically refer the charge to the Management Committee. The MC also reserves to itself the right to investigate any matter on its own motion and whether any outside or member complaint has been made or not.

6. Management Committee Functions
The MC will meet on an “as required” basis to perform the following functions:

• review complaints information notices in relation to grade 1 offence and ensure consistency in application.
• consider all grade 2 and 3 offences and appeals to grade 1 penalties.
• where necessary hold investigations, including a hearing into the complaint
• hold hearings in respect to any appeal over which it has jurisdiction.

For the more serious grade 2 and 3 offences, the MC may, after initial investigation, find the conduct being complained of is such that the MC considers the same a serious violation of the club rules or the rules of golf or behaviour and which might be likely to bring the club into disrepute.
The MC may then look to take further action by way of suspension or expulsion under Rule 2.4(c) but shall first give written notice to the member particularising the complaint or conduct complained of and allow (as hereinafter provided) the member a reasonable opportunity to be heard on the matter and/or to provide a written response.
At any hearing the MC may ultimately regulate the procedure of the hearing and the MC and/or the member may each be represented by a Legal Counsel or a “friend”. For the guidance of members, complainants and the MC, it is expected that as a minimum requirement the MC shall follow the procedures set out below namely.
(a) In any process investigation undertaken by the Management Committee, the MC will conduct matters in a procedurally fair manner and will observe and adhere to the principles of natural justice in conducting such investigation.
(b) Natural justice will require the MC to undertake the following processes:
i. Give written notice to the member against whom a complaint has been made, particularising the complaint or conduct complained of, and providing the member with all information available to the MC from either a complainant, any preliminary investigation undertaken by the Manager, and information held in relation to any matters investigated by the MC itself;
ii. The member or members complained against, must be given a reasonable time and opportunity to be able to provide a written response to the complaint made against them;
iii. The member complained against must also be given a real and full opportunity to be heard on the matter, and to be represented throughout by a Lawyer or “friend” if so desired by the member;
iv. A hearing must be held and conducted in a fair and unbiased manner; and must be held to allow the member to hear the complaint, and all or any supporting evidence in full, and with a right reserved to the member to cross-examine any complainant and to be able to provide evidence in support of the member’s defence;
v. Any hearing must be determined solely on the information before the MC, by reference to the original complaint, and by reference only to the information and material provided to the member in accordance with this procedure;
vi. No complainant who is a member of the MC shall be entitled to be a member of the MC appointed for the purpose of hearing the complaint nor shall the Manager be entitled to take part in any deliberative determination of the matter, the Manager’s role being limited to provision of a report or acting as a witness;
vii. The MC may be represented by Legal Counsel or similar professional body but such party engaged shall not take part in any deliberative determination of the complaint, such role being limited to advising the MC in respect to matters of process and any legal issues arising in the course of an investigation and/or hearing.
viii. The MC shall give written reasons for its decision and the MC may, following a hearing, adjourn the proceedings for the purpose of taking time to consider its decision.
ix. The MC shall advise any member against whom an adverse determination is made of the rights that member has to appeal the decision of the MC and the time limits within which such or any appeal must be made.
x. The MC shall keep a record of disciplinary determinations made by it.
xi. Any MC decision in relation to a complaint shall be undertaken by secret ballot and shall, subject to any right of appeal, be final.

7. Decisions and Penalties
If a Grade 1 complaint is upheld by the Manager, a decision will be reached within 5 working days or such further time (not exceeding a further 10 working days) with reasons for the decision and any penalty imposed.
If a Grade 2, Grade 3 or Grade 1 suspension or expulsion complaint is upheld by the MC, it shall give its written decision within 5 working days or such further time (not exceeding a further 10 working days) as the MC shall advise, with reasons for the decision and any penalty imposed.
In some cases, the conduct complained of may constitute a criminal offence and in which case the matter should be referred to the Police. Even if the matter is referred to the Police however, the MC may still continue its own investigation of the matter.

8. Appeals
There shall be a right of appeal to the MC for Grade 1 offences where the Manager decided a verbal or written warning was to be issued to a member.
There shall be a right of appeal for all Grade 2 and Grade 3 offences and Grade 1 offences where the MC has imposed a penalty of suspension or expulsion.
Appeals are to be lodged within 5 working days of the decision being advised to the member.
In the case of an appeal against any decision these may only be made on one or more of the following grounds;
i. that natural justice was denied in that the Manager or the MC acted outside of their powers and / or jurisdiction.
ii. that substantially new evidence (and which could not have been reasonably discovered or was not available at the time of the initial complaint) has subsequently become available. after the decision which is being appealed against was made in respect of a penalty imposed,
iii. that the penalty was either excessive or inappropriate in all the circumstances.

Appendix 1: Examples of Conduct Issues relevant to this policy.
Attached are some examples of complaints regarding conduct relevant to this policy.
These are not complete lists and there may be other behaviours not listed and complained of that are considered relevant to this policy.

Grade 1 Offences
Some examples of conduct that would be considered a Grade 1 offence.

• bad language
• ill-mannered behaviour
• abuse of equipment, throwing or breaking of clubs
• use of club other than within the intentions of the game e.g. damaging trees, tee markers or course or use of clubs to display ill temper.
• failure to complete a round when representing the club at a tournament or interclub event.

Grade 2 Offences
Some examples of conduct that would be considered a Grade 2 offence.

• behaviour bringing the club into disrepute.
• excessive or offensive bad language
• verbal abuse or threatening behaviour to another player or employee.
• theft of minor items
• intentional damage to course, clubhouse or equipment of a minor nature

Grade 3 Offences
Some examples of conduct that would be considered a Grade 3 offence.

• conscious behaviour bringing the club into significant disrepute.
• any serious misuse of alcohol or drugs on the course or club premises
• premeditated or sustained theft
• assault of a player, official, member, guest, employee or member of the public
• sexual or verbal harassment towards any person
• intentional damage to course, clubhouse, or equipment of a serious nature

Appendix 2: Procedures and Consequences in the event of a proven Conduct issue.
Grade 1 Offence
If no previous offences any one of the following processes will be adopted:

• Verbal warning with notice on file.
• Written warning issued to member.
• Penalty of suspension imposed by the Management Committee.
• If the next incident is a Grade 2 offence, then that process will override the above.

Grade 2 Offence
If no previous offences any one of the following processes will be adopted depending on the seriousness of the offence:

• Written warning issued to member.
• Penalty of suspension imposed by the Management Committee.
• Penalty of expulsion as determined by the Management Committee
• If the offence is considered serious, or there are other recent offences, then a step can be bi-passed at the discretion of the Management Committee.

Grade 3 Offence
Depending on the seriousness of the offence any one of the following actions may be adopted.

• Written warning issued to member.
• Penalty of suspension imposed by the Management Committee.
• Penalty of expulsion as determined by the Management Committee