Our Complaints Procedure
Annex C to Inverness Mountaineering Club Constitution
This document sets out the procedure for complaints by members or prospective members (both referred to as “members” below) of the Inverness Mountaineering Club (‘Club’) or members of the public (the ‘complainant’) against club members who they believe have failed to act in accordance with the Club’s code of conduct, rules or other policies (the ‘respondent’).
Complaints will be dealt with confidentially by all parties involved, except where it is necessary to disclose information to carry out a fair investigation.
Informal resolution
In the first instance, the complainant should consider taking steps to resolve the matter informally before making a formal complaint. This might include discussing the matter with the respondent, and/or seeking advice from Committee members.
If this is not possible, the Club may wish to appoint an independent mediator to try and resolve matters. If there is no mediation or the mediation fails, the complainant may ask the Club to investigate using its complaints procedure.
Reporting the Complaint
The complainant should report the matter in writing to the Club Secretary within 14 days of the conduct or incident being complained of or the failure of mediation..
The complaint should include:
statements by any people who witnessed the event(s);
details of any previous complaints made about the incident, including the date and to whom such complaint was made; and
a statement as to the desired outcome of the complaint process.
a detailed description of what occurred including details of when and where the events took place;
Responding to the Complaint
The Club Secretary will write to the respondent attaching the complaint, the accompanying evidence and a copy of this procedure asking the respondent to provide written representations and any evidence in response to the complaint within 14 days.
Considering and investigating the complaint
Following consideration of the complaint, and during the investigation process, the Club Secretary may consider whether it is appropriate and proportionate to recommend to the Committee that they immediately suspend a member from the Club until the complaints process is concluded. Such a course of action should consider the seriousness of the complaint, and the impact it has had on the complainant balanced against the need to conduct a fair and impartial investigation and the impact suspension may have on the respondent. Matters which may warrant suspension include breaches of the law e.g. the Equalities Act or criminal matters.
Upon receipt of the response, the Club Secretary may make any further enquiries of any party that they consider necessary or desirable.
The Club Secretary will report to the Club Committee on her or his investigation and conclusions, including deciding to uphold or dismiss the complaint without a hearing or recommending that a hearing be held.
Decisions following the investigation
The Club Committee may:
Accept the conclusions and recommendations of the Club Secretary.
Arrange 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 to a sub-committee of the Club Committee made up of no less than 3 and no more than 4 committee members.
If the hearing sub-committee considers that a sanction is appropriate, it will record its decision and the reasons for it in writing.
The Club Secretary will send a copy of the decision pertaining to the complaint and the reasons for arriving at that decision to the parties within 10 days of the hearing.
If a Committee member is a complainant, respondent or witness, they should recuse themselves from being party to the Committee’s consideration of the complaint.
Sanctions
The sanctions that may be imposed include:
a warning as to future conduct;
suspension of Club membership;
removal of Club membership;
removal from office of the Club Committee;
exclusion of a non-member from the Club, either temporarily or permanently
not approving a non-member’s current and/or future membership applications.
Appeals
Either party may appeal a decision of the Committee in writing within 28 days of the Club’s decision being notified to that party. The appeal will be considered by the members of the Committee not previously involved in the hearing.
If the Club is unable to resolve a complaint, the Club may ask Mountaineering Scotland to act as an external mediator to try and reach a resolution.