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Constitution - Schedule of Disciplinary Procedures

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1. Requirements of the Schedule

This Schedule is referred to under clause 7.2 of the Constitution and prescribes the powers and procedures for enforcement. It will comply with and follows the EBU disciplinary procedures and any variations thereof that are made from time to time. NEBA shall act through its Conduct and Disciplinary Sub-Committees for the enforcement of standards prescribed in clause 7.1 of the Constitution. NEBA shall have additional powers as set out in the clauses below.


2. Receipt of allegation

Any person making a complaint against one or more members of NEBA, under the terms of clause 7 of the Constitution, must to so in writing to the NEBA Secretary or Chairman.


3. Conduct Sub-Committee

The NEBA Executive Committee shall appoint its Conduct Sub-Committee through its powers to appoint sub-committees under clause 3.3 of the Constitution. The Conduct Sub-Committee shall be responsible for investigating complaints against NEBA members and to determine whether a Disciplinary Offence should be referred to the NEBA’s Disciplinary committee.

The Conduct Sub-Committee shall consist of no fewer than three NEBA members and no more than five. A quorum for any meeting shall be three of its members. It shall act by simple majority vote and its appointed chairman, or whomsoever in his absence the Conduct Sub-Committee shall select to chair a meeting, shall have a second, or casting vote in the event that there is parity of voting.


4. Disciplinary Sub-Committee

The NEBA Executive Committee shall appoint the Disciplinary Sub-Committee through its powers to appoint sub committees under clause 3.3 of the Constitution. The Disciplinary Sub-Committee shall, determine sanctions for offences admitted by the defendant, hear charges of the offences and determine whether those charges are proved and if proved, to determine the sanction imposed.

The Disciplinary Sub-Committee shall consist of no fewer than three NEBA members and no more than five. At least three of its members must be present when it makes a decision to uphold a complaint and impose sanctions on the offending members. It shall act by simple majority vote and its appointed chairman, or whomsoever in his absence the Disciplinary Sub-Committee shall select to chair a meeting, shall have a second, or casting vote in the event that there is parity of voting.

 

5. Conflicts of Interest and Independence of the Conduct and Disciplinary Sub-Committees

Any member of either the Conduct or Disciplinary Sub-Committee who is in any way personally involved in the allegations within a complaint will be disqualified from participating in either Committee’s handling of the complaint.

A NEBA member cannot be a member of both the Conduct and Disciplinary Sub-Committees.

 

6. The Complaints Process

6.1. Notice of Meetings

Where a written complaint is made, or a matter otherwise comes to the attention of the Conduct Sub-Committee, it shall first consider whether such complaint or matter falls within the scope of the Disciplinary Rules and whether further action is warranted. If it does the Conduct Sub-Committee secretary shall first write to the Defendant, seeking the Defendant’s comments on the substance of the complaint or matter that has been raised. The Conduct Sub-Committee shall also be entitled to make such further investigations and enquiries as it in its absolute discretion considers appropriate. The Conduct Sub-Committee shall also be entitled to seek advice both from within NEBA and from the EBU Laws and ethics Committee, and to obtain external legal advice.

6.2. Complaint not justified

If the Conduct Committee decides that the complaint is not justified, all parties shall be notified and the matters ended.

6.3. Complaint justified

If the Conduct Sub-Committee decides that the complaint is justified, it may, in its absolute discretion, offer a verbal caution to the offending member, which if accepted ends the matter.

If the Defendant does not accept the verbal caution, or the Conduct Sub-Committee decides a verbal caution is inappropriate, the Conduct Sub-Committee shall refer the case to a hearing by the Disciplinary Sub-Committee. The Defendant shall be notified, in writing, within two weeks of this decision and of his right to make a written submission to the Disciplinary Sub-Committee and to attend the hearing. The Defendant shall have the right to be represented by legal counsel of his choice or may be accompanied by a person to speak on his behalf. The Disciplinary Sub-Committee shall give at least two weeks’ notice of the hearing to the Defendant.

6.4. Disciplinary Sub-Committee’s Sanctions

If after the hearing the complaint is upheld, the Disciplinary Sub-Committee may in its absolute discretion:

6.4.1. Give a written reprimand to the offending member(s), or

6.4.2. Suspend the offending member(s) from all or some of the competitions sponsored or licensed by NEBA for such period as it shall determine.

If the complaint is against a member of the NEBA Council then in addition to any other sanctions applied, the Disciplinary Sub-Committee shall have the power to suspend such member from the NEBA’s Council and any of its sub committees for such a period that it shall determine.

Any sanctions imposed by the Disciplinary Sub-Committee must be communicated to the offending member in writing within twenty one days of the hearing.

6.5. Appeal

Each member found guilty of a Disciplinary Offence by the Disciplinary Committee has the right to appeal to the EBU Laws and Ethics Committee. Appeals must be in writing and lodged with the Secretary of the EBU Laws and Ethics Committee within twenty one days of the written communication of the Disciplinary Committee’s decision to the offending member.

 

6.6. Referral to the EBU Laws & Ethics Committee

At any time, the Disciplinary Sub-Committee may refer a complaint to the EBU Laws & Ethics Committee for its consideration. In doing so, the Disciplinary Sub-Committee shall have fully discharged its responsibilities under this Schedule.

 

7. Definitions

The terms Disciplinary Rules and Disciplinary Offence have the meaning set out by the Bye Laws of the EBU.

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