16. DISCIPLINARY POLICY & PROCEDURES
16.1 Where the Council believes there are reasonable grounds to investigate the conduct of a member, this shall be done by a disciplinary panel, established by the Council, of three persons who need not necessarily be Council members but who must have no connection with the person being investigated and who have not declared any contrary interest.
16.2 Standard of Proof
(a) Where the accusation is of cruelty or neglect (or of any matter which could give rise to a criminal prosecution) the standard of proof shall be beyond reasonable doubt.
(b) In all other cases the standard shall be that of the balance of the probabilities.
(c) The Council have delegated to the President, Chairman, Vice Chairman and Chairman of Finance (acting either jointly or separately) the power to refer matters to disciplinary procedure and to initiate the appointment of the Panel. Whenever this is done the members of Council will be informed in writing.
(d) The Disciplinary Panel shall be appointed within fourteen days of the decision to initiate the disciplinary procedure. Notice of the investigation and identity of the Disciplinary Panel shall then be given to the member under investigation together with details of the allegations and disciplinary procedure.
(e) Within fourteen days of the allegations being made known to the member under investigation they may inform the Disciplinary Panel whether they admit the allegation or not and indicate whether they wish to attend the hearing and if they intend to be legally represented. If no response is received the disciplinary procedure shall continue.
(f) Within a further fourteen days (which period may be extended by a further fourteen days on application to the Chairman of the Disciplinary Panel) the member under investigation may lodge a detailed response to the allegations together with written statements from any witnesses they wish to call to give evidence at a hearing.
(g) Within a further fourteen days the Disciplinary Panel shall set a date and venue for the hearing and notify all parties.
16.3 The Disciplinary Hearing
(a) Shall be heard in private before the Disciplinary Panel.
(b) In attendance shall be a representative from the Society’s secretariat to take notes or record the proceedings.
(c) An independent member of the Council (or a solicitor or barrister appointed by the Society) shall present the details of the allegations and may call witnesses or present documents in support.
(d) The member under investigation may give relevant evidence and call relevant witnesses in support.
(e) The Disciplinary Panel may question all persons giving evidence.
(f) Written statements may be introduced only if previously produced to and/or with the consent of the Disciplinary Panel.
(g) The receipt of a certified memorandum of conviction from a Court that a member has been convicted of any offence of cruelty or neglect towards an animal shall be conclusive proof of that conviction.
(h) The receipt of a letter from a recognised horse or pony society or organisation that a properly convened disciplinary committee of that organisation has found a member of the Society guilty of a disciplinary offence recognised by the Society shall be conclusive proof of that finding.
16.4 Result of Findings
16.4.1 The Disciplinary Panel may:
(a) Find the conduct alleged not proved or
(b) Find the conduct alleged to be proved.
(c) Either announce their findings at the conclusion of the hearing or reserve their decision for seven days and shall in any event confirm in writing their decision and their reasons within twenty one days of the hearing.
16.5 Penalties
16.5.1 If the Disciplinary Panel find the conduct alleged to be proved it shall recommend to the Council such of the following actions as seem appropriate given the circumstances of the case.
(a) In the case of a Member:
(i) Take no action (only if there are strong mitigating circumstances)
(ii) Give a reprimand (iii) Forfeit all prizes and medals awarded at that Show
(iv) Recommend to Council that the Member be suspended from membership for a specified period
(v) Recommend to Council that the membership be terminated and not renewed
(b) In addition in the case of a Panel Judge:
(i) Remove from the panel or panels
(ii) Recommend to Council that the Judge shall not officiate at any shows for a specified period or indefinitely
(iii) Remove the asterisk rating
(c) In addition in the case of an Official:
(i) Prevent that person from officiating in any capacity at any WPCS affiliated Show or Event
(d) In addition in the case of a Show:
(i) Remove all WPCS recognition of the Show for a period or indefinitely
16.5.2 Subject to Article 4, such recommendations shall not take effect until approved at a Council meeting which shall decide by a majority vote whether to implement the recommendations of the Disciplinary Panel or substitute such other penalties as may be appropriate in the circumstances.
16.6 Appeals
16.6.1 Any person or body against whom a penalty is imposed may appeal by giving notice to the Society (within fourteen days of the Society notifying the decisions of Council to them) and shall deposit with the Society a sum not less than £200 (such sum to be increased from time to time by Council).
16.6.2 The appeal shall be considered by Council provided always that if any member of the Council was a member of the disciplinary panel whose decision is being appealed, then that member of Council shall not participate in the appeal.
16.6.3 Appeals may be either by written representations made by the appellant and the Disciplinary Panel or by the appellant in person.
16.6.4 If on consideration the Appeal Committee shall consider that the appeal is frivolous or without merit or vexatious the deposit shall be forfeited to the Society.
16.6.5 Appeal Committee decisions shall be by a simple majority and there shall be no casting vote for the Chairman.
16.6.6 Appeals shall be held as soon as possible and in any event within twenty eight days of the appellant giving notice of appeal.
