Any resolution of any dispute between the Club and a Club Member and any disciplinary proceedings involving a Club Member shall be conducted by the Club unless Swim Wales may be involved in any Appeal. The Club shall inform Swim Wales of any such dispute or disciplinary action immediately.
It will always be in the interests of the Club and the particular Club Member to commence and conclude any dispute or disciplinary proceedings without delay.
The Club shall commence and diligently follow its dispute/disciplinary procedures which are prescribed in its Disciplinary Code within a period of 7 days after having received notice of the dispute or alleged breach. The Club shall make all reasonable endeavours to resolve any such dispute and to conclude any disciplinary proceedings without delay and within a period of three months after the dispute or alleged breach becomes known to the Club.
If any dispute resolution or disciplinary proceedings shall not be commenced and concluded within the above period - Swim Wales may at its discretion direct the Club to refer the dispute/disciplinary proceedings to Swim Wales.
If Swim Wales shall exercise its discretion under the previous Clause the Club shall refer the dispute/disciplinary proceedings to Swim Wales as soon as it is directed to do so. Swim Wales shall then conduct the dispute resolution or disciplinary proceedings in accordance with its Disciplinary Code.
Any dispute between a Club Member and a Club Member of a different Club or between a Club Member and Swim Wales shall be referred by the Club to any dispute resolution shall be conducted by Swim Wales. The Club shall refer the dispute to Swim Wales as soon as it becomes aware of it. Swim Wales shall then conduct the dispute resolution process in accordance with its Disciplinary Code and shall make all reasonable endeavours to commence and conclude the proceedings within the above period of three months.
The Club’s and Swim Wales’ Disciplinary Codes shall include the policies and the procedures which shall be followed in the case of any disciplinary action and how the process and any appeal shall be conducted. The Disciplinary Code shall also include provisions relating to the procedures and policies which shall relate to the resolution of any dispute involving a Club Member – and how any dispute resolution shall be conducted.
The relevant Disciplinary Code shall be made available to the particular Club Member at the earliest opportunity.
The particular Club Member shall be treated fairly and shall be given opportunities to present his or her case and responses – and shall have the right to be accompanied by a suitable person at any hearing.
Every Club Member has a right of appeal to Swim Wales against any determination by the Club of any dispute and any decision of the Club relating to disciplinary action involving the Club Member. Any such Appeal shall be conducted in accordance with the Swim Wales Rules.
The Management Committee or Swim Wales (as the case may be) shall ensure that all procedures which shall be followed shall be in accordance with the relevant Disciplinary Code.
The Club’s and Swim Wales’ powers in relation to any disciplinary action shall be at their discretion and may include a written warning – or suspension or expulsion as a Club Member.