Behaviour Policy

Club Member Behaviour

Agreement

Date: 01/08/2021

Version: 1.2

Approved by: GASC Committee

Effective From: 01/08/2021

Next Review Date: 01/08/2023

Club Member Behaviour Agreement

1. INTRODUCTION

This behaviour plan, together with the key documents listed in section 3, comprise the overall framework within which club members are obliged to act to retain the right to participate in club activities. For brevity, this behaviour plan refers to parties who are bound by the policy as “Club Members” as defined below.

2. APPLICATION OF THE BEHAVIOUR AGREEMENT

a. This Behaviour Agreement applies to:

i. all swimmers registered with the club;

ii. all parents/caregivers of said swimmers;

iii. all coaches and/or any club volunteers;

iv. committee members;

v. any individual recognised as a club member that does not fall under any above category;

vi. any individual who expressly agrees in writing to comply with this Behaviour Plan,

(Here forth referred to as Club Members).

b. This agreement applies to all club members participating in or attending club activities. Said activities include but are not limited to:

i. training sessions;

ii. training camp activities;

iii. swimming carnivals;

iv. swimming SA sponsored development sessions;

v. club fundraiser events;

vi. interstate competition club trips;

1. additional behaviour plans may be in place for interstate trips.

(Here forth referred to as Club Activities)

3. KEY DOCUMENTS

a. This agreement may refer to additional documents detailing further club polices, agreements or criteria. For clarity this agreement should be read in conjunction with (Key Documents):

i. Passing Criteria;

ii. Swimming Australia Swimmer & Team Member Code of Conduct;

iii. Complaint form;

b. Hard copies of these documents will be available for all club members in club information packs, distributed to new members and available upon request. Digital copies will be available in the club Dropbox, (access restricted to committee members and senior club members).

c. Club members are encouraged to read these Key Documents before agreeing to abide by the behaviour agreement.

d. In the event of inconsistencies between this agreement and related key documents the most relevant documentation will be considered.

e. Any breaches of policy contained in relevant key documents will be addressed with the same procedures used for this behaviour agreement: found in section 7.

4. STANDARDS OF BEHAVIOUR

As a club member you are responsible for understanding, observing, and complying with the following behavioural standards that are binding upon you for the duration of the agreed upon behaviour agreement, (As applicable to club members):

a. Act lawfully, professionally, and responsibly

i. Behave in a manner that enhances and supports the positive reputation of the Gawler Amateur Swim Club.

ii. Act with care and diligence and in a manner that is conductive to the health and wellbeing of:

1. fellow club members;

2. swimming Australia employees, officials, volunteers, spectators, sponsors;

3. any persons involved in club activities and not included above,

(Here forth referred to as Relevant Persons).

iii. Where an ongoing relationship has been established between club members see Swimming Australia Swimmer & Team Member Code of Conduct Section: 4(a)(v), for relevant policies.

b. Treat people equally and with respect

i. Work co-operatively with fellow relevant persons.

ii. Treat fellow relevant persons with respect and dignity, regardless of their cultural or contextual circumstances.

iii. Do not make unwelcome or discriminatory comments or take unwelcome or discriminatory actions against any relevant person in relation to an attribute including but not limited to:

1. their gender of gender identity;

2. sexual orientation

3. disability/impairment;

4. religious and/or political belief;

5. race;

6. status as a parent or carer;

7. age;

8. physical appearance/features; or

9. any other attribute prescribed under any one or more Commonwealth or State/Territory anti-discrimination statute.

iv. Do not engage in harassing or offensive behaviour with any other relevant person in areas including but not limited to:

1. physically touching or being unnecessarily familiar;

2. making offensive or inappropriate comments about physical appearance, dress or private life;

3. harassment or offence of a sexual nature as outlined in Swimming Australia Swimmer & Team Member Code of Conduct Section: 4(b)(V).

v. Do not engage in any form of bullying, harassment or vilification that is designed to deliberately demean, insult, humiliate or unnecessarily embarrass a fellow relevant person in areas including but not limited to:

1. making hurtful, demeaning or disparaging remarks on one or more occasions to them in private or public;

2. poking fun at their abilities, results or performances on one or more occasions in private or in public;

3. making them perform degrading, humiliating or inappropriate activities to be accepted as a part of any subcategory of club member; and

4. excluding or stopping them from performing their normal swimming schedules or duties, working with others, or participating in club events.

c. Demonstrate integrity and sportsmanship

i. Obey the officials, rules, and spirit of the sport of swimming.

ii. Perform and react with dignity regarding the decisions of officials.

iii. Compete with humility in the face of all outcomes.

d. Observe the expectations of being a role model

i. Be a positive role model for the sport of swimming and promote the values, rules, and the spirit of swimming.

ii. Be a positive role model for the Gawler club and promote our values, rules, and behaviour standards.

iii. Make conscious decisions regarding your actions when wearing the club uniform in public to ensure the highest reputation is upheld.

e. Observe and respect the club’s authority and protect its reputation

i. Do not steal or deliberately damage club equipment, files, records, or property.

5. EXAMPLES OF BEHAVIOUR STANDARD VIOLATIONS

The examples outlined in this section do not constitute an exhaustive list, and the fact that a particular behaviour is not addressed in these examples does not indicate the club endorses it as either complying or contravening the behaviour agreement. These examples are to assist those reviewing potential violations on the conduct that constitutes a violation of the behaviour agreement.

a. Act lawfully, professionally, and responsibly

Club Members should not:

i. behave in a manner that puts the safety or well-being of yourself or relevant persons at risk;

ii. deliberately lie or omit to tell the truth when communicating with the club regarding any matter relating to policy violation;

iii. use excessive offensive language, become aggressive or act in any other manner which is unbecoming of the values of the swim club.

b. Treat people equally and with respect

Club members should not:

i. make fun of the abilities of other relevant persons’ results or performances either private or in public;

ii. use abusive language to deliberately cause offence or to bully or to intimidate a relevant person; or

iii. make a joke in poor taste or send messages via email or social media to a relevant person which could be interpreted as harassing, discriminatory, bullying or offensive.

c. Demonstrate integrity and sportsmanship

Club members should not:

i. behave in excessively arrogant ways towards other competitors, spectators and/or other relevant persons;

ii. show excessive dissent towards officials’ decisions during competition.

d. Observe the expectations of being a role model

Club members should not:

i. engage in damaging public behaviour that has the capacity to detract from the reputation of the club;

ii. behave in a manner that creates a public nuisance, and/or public disturbance while partaking in club activities; or

iii. engage in bullying or intimidating behaviour towards a fellow relevant person.

e. Observe and respect the clubs authority and protect its reputation

Club members should not:

i. deliberately mislead, defraud, or assist another person to steal from, or defraud the club or relevant persons.

6. COMPLAINTS

The club acknowledges that it is the right of any person to lodge a complaint concerning an alleged breach of the behaviour agreement and that regardless of whether you are the complainant, the person who is complained about, a witness to an incident that has initiated a complaint or a club member who becomes aware by whatever communication of the complaint, that you shall be obliged to:

a. not disclose to any person, including to the person who has lodged a complaint, you knowledge of the existence of the complaint that was lodged or any details of the allegations;

b. not communicate with the complainant, and potential witness, or the person about who the complaint is lodged, whether asked to do so or on your own volition;

c. approach the complaints officer to report if you believe you have first-hand knowledge about the circumstances involved with the complaint; and

d. co-operate fully to offer your truthful version of events to the complaints officer to allow a comprehensive, transparent investigation into the circumstances of what occurred that could have initiated the complaint.

7. DISCIPLINARY PROCEDURES

a. Reporting an alleged breach of the behaviour agreement

i. Any person who intends on reporting a breach of the behaviour agreement (Here forth referred to as Reporting Party) shall in the first instance report the alleged breach in writing to the complaints officer via the completion of the complaints form (as listed under Key documents.

ii. An allegation may include but is not limited to:

1. information that a club member has breached the behaviour agreement, or any policies outlined in the key documents towards or as witnessed by the reporting party; or

2. information that a club member has breached the behaviour agreement, or any policies outlined in the key documents, as notified to the club from a third party, internal or external to the club.

iii. Upon notification of an alleged breach from a reporting party the complaints officer shall, in the first instance:

1. clarify with the aggrieved person if they have made their concerns/issues known to the person against whom the complaint has been lodged (Here forth referred to as the Concerned Party);

2. clarify with the aggrieved persons if in the first instance they would prefer the complaints officer to attempt to satisfactorily resolve the matter between the parties on an informal basis; and

3. clarify with the aggrieved persons if the person against whom the complaint has been made is in a position of authority over the aggrieved person, and/or if the aggrieved persons are in any immediate danger given their relation to the concerned party.

iv. Evidence of each process outlined in iii. is to be recorded in writing by the complaints officer and filed with the initial complaint form in a complaint’s registry.

1. there are to be both physical and digital copies of the complaint file produced and stored in the club filing cabinet and committee Dropbox respectively.

v. Where point 2. is inapplicable or is subsequently proven to be ineffective, at the request of the aggrieved person the violation is to be addressed formally by the complaints officer. In said scenario the complaints officer shall:

1. form a team of several unbiased committee members (Hereby known as the Complaint Committee) to aid in the investigation, categorisation, and (where necessary) sanctioning of concerned parties, following the procedures outlined in section (7.b-j).

2. In the event the Complaints officer is considered to be biased by the committee, the committee shall elect a temporary complaints officer.

vi. A reporting party formally reporting an allegation will only be identified to the concerned party where it is necessary to do so to ensure procedural fairness during the investigation.

b. Categorising an alleged breach of the behaviour plan

Following the receipt of a complaint form (and based on upon the formality of the complaint), the complaint committee shall initially undertake an assessment of the seriousness of the allegation and categorise the allegation as being either minor, intermediate, or serious. The assessment of the seriousness of the conduct in the allegation may be determined by reference to the following guide. Please note that this is not exhaustive and other factors in the specific context of the alleged breach may need to be taken into consideration.

i. Minor breach:

the conduct caused disruption or inconvenience to the club and/or another person or party including but not limited to club members and relevant parties; a person was mildly offended or made to feel uncomfortable as a result of the conduct.

ii. Intermediate breach:

the conduct inflicted moderate physical or mental harm upon another person; mid-level loss or damage, including reputational damage, was sustained or is likely to be sustained by any party including but not limited to the club, club members and relevant persons as a result of the conduct; and any other moderate adverse consequences suffered by the club, club members or relevant persons arising from the conduct.

iii. Serious breach:

the conduct inflicted serious physical or mental harm upon another person; significant loss or damage, including reputation damage, was sustained or is likely to be sustained by any party including but not limited to the club, club members and relevant persons as a result of the conduct; and any serious adverse consequences suffered by the club, club members and/or relevant persons arising from the conduct.

c. Examples of classification

In categorising the breach, the complaint committee may, but is not required to, use the following examples as a guide. For the avoidance of doubt, the following examples relate to breaches of the behaviour plan and should not be used as a guide for breaches of other key documents. In the event of a complaint following the violation of a policy outlined in a separate key document the complaint committee shall refer to the relevant document to determine the severity of the violation.

i. Minor allegation

1. the first instance of disruptive behaviour that effects the preparation and/or training of any club members or relevant person;

2. using excessive vulgar language on a regular basis;

ii. Intermediate allegation

1. subsequent instances of disruptive behaviour that effects the preparation and/or training of any club members or relevant person;

2. behaving in a manner that puts the safety or well-being of yourself or another relevant person at risk;

3. making negative or inappropriate remarks about the club, club members or relevant persons on any public or private forum (including social media); and

4. using abusive language towards another relevant person.

iii. Serious allegation

1. sexually harassing another relevant person;

2. discriminating against another relevant person;

3. bullying or vilifying another relevant person;

4. physically striking or assaulting another relevant person with the intent of causing physical harm;

5. stealing or deliberately damaging club equipment, files, records, or property; and

6. breaching the Swimming Australia personal relationship standards (outlined in section: 4 of the Swimming Australia Swimmer & Team Member Code of Conduct) on a consistent and regular basis.

d. Documenting the details of the allegation

Once the complaint committee have finished their initial categorisation of the allegation, prior to proceeding any further they shall:

i. Document the details of the allegation.

ii. In the case of any intermediate or serious allegation Swimming SA are to be informed of the allegation by the club committee.

e. Time frame for the processing of a complaint

i. the complaints officer shall read and confirm the reception of the complaint to the reporting party within one week of the submission of the complaint; and

ii. the complaint shall be processed, and sanctions allocated no more than one month after the submission of the complaint.

f. Notifying the concerned party

i. Once the initial categorisation of the allegation has been completed, the complaint officer will contact the concerned party or, in the case where the concerned party has not yet attained the age of 18 years, their Support Person (defined in section: 7.e.ii) in order to advise them:

1. that a report has been lodged with the complaints officer;

2. the initial categorisation of the allegation that has been completed;

3. of any interim measures (should the complaint committee see fit) that need to be put in place to protect the complainant and/or the concerned party;

4. of the obligation that the concerned party is obliged to keep both the facts and any details of the report strictly confidential and that the concerned party is not to otherwise communicate with the complainant or any relevant witnesses or other relevant persons regarding the report to allow a complete investigation of the complaint to be made; and

5. it will be a breach of the behaviour plan for a concerned party to contact a complainant or a potential third-party witness or to otherwise try to influence an investigation undertaken by the complaint committee as a result of a report submitted by a complainant.

6. the concerned party has a right to appeal the assigned sanctions through the process outlined in section k.

ii. A support person will typically be:

1. if available, a parent or legal guardian; or

2. a family member or extended family member over 18 years of age.

g. Sanctioning a minor or intermediate breach of the behaviour plan

i. In the case of a minor or intermediate allegation where the complaints committee find that on the balance of probability the allegation cannot be substantiated:

1. The complaints officer will inform the concerned party that the allegation has not been substantiated and that the matter is closed.

ii. In the case of a minor or intermediate allegation where the complaints committee find that on the balance of probability the allegation is substantiated:

1. The complaint committee will recommend the appropriate sanction (as outlined in section 7.h) to the club committee for approval.

2. The complaint officer will inform the concerned party of the proposed sanction to be applied and give the concerned party the opportunity to put forward any matters relevant to the sanction that the concerned party believes should be applied.

3. The complaint officer will arrange for a record of the incident report and the sanction decision to be filed in electronic and hard copy files.

4. The complaints officer may, if appropriate in the circumstances, inform the reporting party of the findings of the report and/or the sanction imposed.

h. Investigating and sanctioning of an alleged serious breach of the behaviour plan

i. Upon the receipt and consideration of the classification of an alleged serious breach of the behaviour plan a Swimming SA representative is to be notified and the policies outlined in section: 7(h) of the Swimming Australia Swimmer & Team Member Code of Conduct are to be followed.

i. Sanctions for substantiated complaints

An example of a range of possible sanctions are outlined below, note, this is not an exhaustive list and other sanctions may be recommended according to the context of the breach.

i. a verbal or written reprimand;

ii. a direction to deliver an apology in writing or verbally to any aggrieved party;

iii. a direction to pay for repairing damage to property or replacing damaged property;

iv. a direction to attend education, training or any other type of support program to address the behaviour;

v. suspension in part or full of swimmer, coach or any other club member;

vi. a financial penalty; or

vii. any other penalty deemed appropriate in the circumstances.

The following factors are to be considered together with any other factors that are relevant in each particular circumstance when determining the sanction:

1. age;

2. the suggested action as per the complaint form of the reporting party;

3. record of offences committed previously including the most recent offences;

4. previous sanctions applied;

5. the impact of the offence on any third party;

6. the impact of the offence on the club if the offence was committed during a club event or interstate trip;

7. any sanctions prescribed by Swimming SA relating to the offence;

8. any actions taken which demonstrate genuine remorse shown by the relevant person; and

9. the obligation to impose a sanction that is a general deterrent to the particular behaviour.

j. Examples of sanctions for substantiated complaints

In the event of an initial minor breach an appropriate sanction may be:

1. a verbal warning;

2. a removal from training for ten minutes; and/or

3. an informal apology.

In the event of a subsequent minor breach an appropriate sanction may be:

4. a removal from training for the remainder of the session; and/or

5. a formal written apology.

In the event of an initial intermediate breach an appropriate sanction may be:

6. a removal from training for the remainder of the session; or

7. removal from subsequent races at a carnival;

In the event of a subsequent intermediate breach an appropriate sanction may be:

8. a removal from multiple training sessions;

9. a re-entry meeting with coaches; and/or

10. club member encouraged to abstain from carnival entry for one month.

In the event of any serious breach an appropriate sanction may be:

11. permanent removal from training until instructed otherwise; and

12. the writing of an individual behaviour contract.

k. Appeals procedure for concerned parties

In the event a concerned party wishes to appeal the agreed upon sanctions they shall:

i. submit an appeal in writing to the complaints officer in which there shall include:

1. their reason for appealing the sanctions; and

2. a proposal of sanctions the concerned party deems acceptable.

For the committee to complete a review of the appeal they shall:

ii. remove members that are considered biased by the complaints officer;

iii. read the appeal out loud to the non-biased committee;

iv. vote to overturn the applied sanctions (two-thirds majority);

In the event of a successful vote to overturn the imposed sanctions:

v. the processes outlined in section 7 shall be repeated;

vi. the sanctions imposed by the complaints committee must not be identical to the overturned sanctions; and

vii. the concerned party cannot appeal the revised sanctions.

8. BEHAVIOUR PLAN CLUB MEMBER AGREEMENT

By signing below, you are:

a. committing to abide by all guidelines outlined in this agreement and, where applicable, all guidelines outlined within the related documents named in section 3;

b. acknowledging the authority of the club as a body to enforce the guidelines names in this behaviour plan;

Swimmer 1: ____________________ Date: ____________________

Swimmer 2: ____________________ Date: ____________________

Swimmer 3: ____________________ Date: ____________________

Parent/Guardian 1: ____________________ Date: ____________________

Parent/Guardian 2: ____________________ Date: ____________________

Parent/Guardian 3: ____________________ Date: ____________________