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Our Committee has the authority to apply a penalty to a member of the Association should they fail to abide by the terms laid down in its Constitution and Rules. The member has the right to appeal against such a decision and one approach involves an Appeals Panel. This document defines how such a panel will operate.
1. An Appeals Panel will consist of three independent adjudicators (of the Committee’s choosing) who do not form part of the Association management structure (Committee or Trustees) and who have not been involved in the matter being discussed. They may or may not be members of the Association.
2. The Panel will be convened and report back at the earliest time possible.
3. The Panel will be presented with all relevant documents, evidence and minutes relating to the matter in hand. It may seek the attendance of: members of the Committee, witnesses to events and /or the appellant member involved to assist it in its considerations.
4. The appellant may ask to attend a panel meeting to express an opinion directly. The appellant may be accompanied at a Panel meeting by another person.
5. The Panel will consider: a. whether it is reasonable to expect the appellant to be aware of and to understand the rule(s) involved b. whether the decision of the Committee that the appellant has broken those rules is reasonable c. whether the Association procedures have been followed d. whether the penalty is appropriate
6. The Panel may rule that: a. the Committee ruling is fair and should stand b. the Committee ruling is not acceptable and should be withdrawn and the procedure abandoned c. the Committee ruling is unsafe and should be reconsidered (in an extreme situation).
7. If the Panel does not agree with the decision of the Committee, it will explain why that view is taken. Any other information acquired during the appeals process is confidential to the Panel and any items retained by the Panel must be safely destroyed once the process has been fully completed.
HBAGA 004 Appeals Panel Terms of Reference
Document Agreed:
Document Agreedby Committee: 01/02/19.