TEMPLATE 19 - CONSTITUTION AND TERMS OF REFERENCE (Commercial organisations)
Each club should carefully consider the most appropriate constitution/terms of reference for its particular circumstances. A basic document highlighting constitution/terms of reference is provided below.
1. NAME
The club will be called NAME OF CLUB/CENTRE and will be affiliated to the NAME OF NATIONAL GOVERNING BODY.
2. AIMS AND OBJECTIVES
The aims and objectives of the club will be:
To offer coaching and competitive opportunities in NAME OF SPORT
To promote the club within the local community and NAME OF SPORT
To manage the club.
To ensure a duty of care to all members of the club.
To provide all its services in a way that is fair to every one (see below for equity and diversity policy).
3. MEMBERSHIP
All members will be subject to the regulations of the terms of reference and by joining the club will be deemed to accept these regulations and codes of practice that the club has adopted to ensure all present and future members receive fair and equal treatment.
4. MEMBERSHIP FEES
Membership fees will be set annually and agreed by the corporate body. These will be published in advance and reflect Clubmark principles of supporting junior development.
5. OFFICERS OF THE CLUB
The general public will be made aware of who the officers in charge of the club are e.g. the manager, duty officer, shift supervisor, coach, instructor etc. They shall have clear job/role descriptions and comply with all health and safety and legal requirements of their respective positions.
6. ANNUAL GENERAL MEETINGS
Notice of the annual meeting will be given by the management of the club. Not less than 21 clear days notice to be given to all members. The meeting will receive a report from management concerning junior membership.
There will be opportunity for members to raise and discuss issues with management. All members have the right to raise issues with management.
7. SAFEGUARDING AND CHILD PROTECTION
NAME OF ORGANISATION has a child protection policy that satisfies the criteria set out in the Standards for Safeguarding and Protecting Children in Sport (CPSU 2002).
NAME OF ORGANISATION is working towards the procedures laid down in the child protection policy including safe recruitments checks and CRB disclosures for those working with children, reporting processes for concerns etc.
The process for reporting concerns is communicated and accessible to all NAME OF ORGANISATION members and there are clearly signposted routes for concerns to be referred to external agencies if they relate to poor practice or child protection e.g. NGB helplines, NSPCC helpline, Childline, Sport England.
At least two members of the (State name of organisation), one of whom must be the coach with lead responsibility for children/young people, has attended recognised child protection basic awareness training.
NAME OF ORGANISATION has adopted codes of conduct/practice for all coaches, officials and volunteers working with children and young people which reflect the guidance promoted by the NGBs for the sports delivered.
8. EQUITY, DIVERSITY, DISCIPLINE AND APPEALS
CLUB EQUALITY POLICY TEMPLATE
The aim of this policy is to ensure that everyone is treated fairly and with respect and that members, non members and visiting clubs and teams are not denied access to ______NAME OF ORGANISATION as a result of discrimination.a)NAME OF ORGANISATION is responsible for setting standards and values to apply throughout the club at every level. Sport should be enjoyed by everyone who wants to play the game.
b)Our commitment is to eliminate discrimination by reason of gender, sexual orientation, race, nationality, ethnic origin, religion or belief, ability or disability and to encourage equal opportunities.
c)This policy is fully supported by the ______management committee and development committee [delete/insert name of relevant body] which is responsible for the implementation and review of this policy.
d)NAME OF ORGANISATION, in all its activities, will not discriminate or in any way treat anyone less favourably, on grounds of gender, sexual orientation, race, nationality, ethnic origin, religion or belief, ability or disability. The NAME OF ORGANISATION will ensure that it treats its employees, members, non-members and visiting clubs and teams fairly and with respect and will ensure that all members of the community have access to and have opportunities to take part in, and enjoy, its programmes of activities, competitions and events.
e)NAME OF ORGANISATION will not tolerate harassment, bullying, abuse or victimisation of an individual (NAME OF ORGANISATION regards as forms of discrimination). This includes sexual or racially based harassment or other discriminatory behaviour, whether physical or verbal. NAME OF ORGANISATION will work to ensure that such behaviour is met with appropriate action in whatever context.
f)NAME OF ORGANISATION commits itself to the immediate investigation of any complaints of discrimination on the above grounds, once they are brought to its attention. Complaints will be dealt with in accordance with its complaints policy and, where such a complaint is upheld, the NAME OF ORGANISATION may impose such sanction as it considers appropriate and proportionate to discriminatory behaviour.
g)NAME OF ORGANISATION is committed to taking positive action where inequalities exist and the development of a programme of on-going training and awareness in order to promote the eradication of discrimination and to promote equality and diversity in (state name of sport).
h)NAME OF ORGANISATION is committed to a policy of equal treatment of all members and employees and requires all members and employees to abide by and adhere to these policies and the requirements of the relevant equalities legislation, including the Race Relations Act 1976, Sex Discrimination Act 1975, Disability Discrimination Act 1995, Age Discrimination Act 2006 as well as any amendments to these acts and any new legislation.
Equality policy guidance notes
NAME OF ORGANISATION provides an equality policy template for clubs to review and adopt, if there is not already a policy in place to deal with and manage equality of opportunities across all areas of club management. The aim is to ensure that everyone is treated fairly and with respect, and that members, non-members and visitors are not denied access for discriminatory reasons.
NAME OF ORGANISATION also provides a complaints procedure template for clubs to review and adopt, if there is not already a complaints procedure in place. Clubs looking to adopt either template should seek legal advice over their contents before wide dissemination to members and users of the club.
a)Setting standards and values appertaining to equality is about the integrity of your club and the image and professionalism you want to project.
b)Eliminating discrimination confirms your club’s commitment to eradicating discrimination by the reasons stated. You must make this commitment known through other channels, such as declarations on club application and renewal forms.
c)The management committee or a body within the club is responsible for reviewing the policy once implemented. A policy is considered to have been ’implemented’ when its content has been communicated to club members, and when non-members, guests and visiting teams are aware of its existence. Awareness can be achieved by displaying the main points of the policy in accessible and visible areas, such as notice boards and changing rooms.
d)The policy re-affirms that the club will not treat anyone less favourably and will ensure through its programming and operational activities that everyone is treated fairly and with respect.
e)The club will not tolerate harassment, bullying, abuse or victimisation. For definitions of these terms please refer to the back of these explanatory notes (see below).
f)The club will take necessary steps to investigate any complaints of discriminatory practice that are brought to the attention of the management committee, in accordance with the club’s complaints procedure. It is important that club members and guests know how to bring about a complaint, who they should contact, how decisions are made and what sanctions may be imposed if there has been a breach of the club policy.
g)Taking positive action is not the same as eliminating discrimination. A good example of positive action is running a programme or event specifically aimed at an under-represented group, and then choosing to employ a coach from that part of the community. It is perfectly acceptable to take this form of action, just as it is acceptable to employ a female coach for a ladies or women-only coaching programme. Women and those from ethnic minority groups are termed as being under-represented in sport.
h)A policy of equal treatment of all members and employees refers to the club operating within the appropriate legal framework. This simply means the club is aware of, and adheres to, all the relevant (equalities) legislation, and any amendments to theses acts.
9. CLUB COMPLAINTS PROCEDURE (TEMPLATE)
In the event that any employee,member, visitor or visiting team feels that he/she has suffered discrimination or harassment in any way or that the club policies, rules or code of conduct have been broken he/she should follow the procedures below.
1. The Complainant should report the matter in writing or to a responsible adult such as the Club secretary or another member of the committee [INSERT RELEVANT NAME OR COMMITTEE BODY]. The responsible adult should try and include the following details in the report:
(a)Details of what occurred.
(b)Details of when and where the occurrence took place.
(c)Any witness details (copies would be preferred)
(d)Names of any others who have been treated in a similar way (provided that those people consent to their names being disclosed).
(e)Details of any former complaints made about the incident, including the date and to whom such complaint was made.
(f)An indication as to the desired outcome.
* it is acknowledged that all complaints should be made in writing, however, this can disadvantage certain sections of the community so we will investigate all complaints as necessary.
- If the person accused of discriminatory behaviour is an employee of the Club, the Club will regard the incident as a disciplinary issue and will follow any disciplinary procedure set out for employees or (if none exists) the statutory disciplinary procedure.
- If the person accused of discriminatory behaviour is a non-employee of the Club, the Club’s management committee [or relevant body please insert] or representatives of the committee:
3.1Will request that both parties to the complaint submit written evidence regarding the incident(s).
3.2May decide (at its sole discretion) to uphold or dismiss the complaint without holding a hearing.
3.3May (at its sole discretion) hold a hearing (whether or not such a hearing is requested by either party) at which both parties will be entitled to attend and present their case.
3.4Will have the power to impose any one or more of the following sanctions on any person found to be in breach of any Club policy, (including the Equality Policy):
(a)Warn as to future conduct.
(b)Suspend from membership.
(c)Remove from membership.
(d)Exclude a non-member from the Club, either temporarily or permanently.
(e)Turn down a non-member’s current and/or future membership applications.
3.5Will provide both parties with written reasons for its decision to uphold or dismiss the complaint within one (1) calendar month of such decision being made.
3.6Either party may appeal a decision of the committee to the regional management (including a decision not to hold a hearing) by writing to the (Club manager or other party as identified) within three months of the Club’s decision being notified to that party.
- If the nature of the complaint is with regard to the club’s management committee or other body or group in the club, the member/visitor has the right to report the discriminationor harassment directly to the relevant regional director/head office
- Whistleblowing[g1]: NAME OF ORGANISATION believes that suspicions and allegations have to be taken seriously and appropriately reported. It is recognised that strong emotions can be aroused particularly in cases where any form of abuse is suspected or where there is loyalty, sometimes misplaced, to a colleague or someone who you is known to you. Individuals may not express concerns because they fear harassment or victimisation. In these circumstances it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice. It is important to understand these feelings but not to allow them to interfere with any action we feel is necessary. NAME OF ORGANISATION is committed to the highest possible standards of openness, honesty and accountability. In line with that commitment, where a concern relates to poor practice or possible abuse and a member feels that representatives of NAME OF ORGANISATION have not taken appropriate action in response to your concern, they are encouraged to refer the concern to an appropriate external organisation or agency.
The following contact details are provided for this purpose:
- Sports National Governing Body Lead Child Protection Officer:
- [g2]Local children’s social care:
- Local Police:
- NSPCC Helpline: 0808 800 5000
- Childline: 0800 1111
- Sport England
COMPLAINTS PROCEDURE GUIDANCE NOTES
A complaints procedure must be integrated into a club’s equality and diversity policy, or maintained separately (in which case it must be referenced by other club policies, such as your code of conduct). Either way, it outlines the steps that will be undertaken to investigate any complaint brought to the attention of the management committee (or the alternative body chosen to perform this role).
As with the equality policy template, it is imperative that clubs seek legal advice over the contents of your complaints procedure. If clubs choose to adopt the NAME OF ORGANISATION template, all members and visitors must be made aware of its existence.
Explaining the complaints procedure template
- Part one of the procedure makes it clear that all complaints will be taken seriously and responded to. Complaints can be submitted in writing to the club secretary or another member of the committee [insert relevant name or committee body] or communicated verbally and recorded by a member of staff using the NAME OF ORGANISATION complaints procedure template provided covering the points a to f.
- This confirms that all employee(s) of the club including, for example, managers, bar staff, grounds staff, coaches and paid volunteers, are subject to specified disciplinary procedures.
- This section explains how complaints about individuals who are not employed by the club will be dealt with and managed.
- Explains the steps to be taken if the complaint concerns the club’s management committee itself (or the alternative body chosen to perform this role).
- This section explains how a complainant can ‘whistleblow’ or report concerns externally through appropriate routes (sports NGB, statutory agencies, Sport England).
10. DECLARATION
NAME OF CLUB/CENTRE hereby adopts and accepts these terms of reference as a current and operating guide regulating the actions of members.
SIGNEDDATE
NAME:
POSTION: Club Manager
SIGNED DATE
NAME
POSITION: Head Coach
These criteria can be accessed via
[g1]Absolutely essential with commercial sector to mitigate against risk of undermining Clubmark reputation/credibility
[g2]If NGB affiliation is a requirement they need to be detailed in