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Club Constitution 

RULES of The London Borough of Redbridge Swimming Club as at 4th June 2007

1. Name

2. Objects

2.1 The objects of the Club shall be the teaching, development and practice of swimming, diving, synchro, open water, water polo for its members In the furtherance of these objects:

2.2 The Club shall be affiliated to ASA London Region, and shall adopt and conform to the rules of this Association, and to such other bodies as the Club may determine from time to time.

2.3 The business and affairs of the Club shall at all times be conducted in accordance with the Laws and Technical Rules of the Amateur Swimming Association ("ASA Laws") and in particular:

2.4 By virtue of the affiliation of the Club to ASA London Region, the Club and all members of the Club acknowledge that they are subject to the laws and rules of:

2.5 In the event that there shall be any conflict between any rule or by-law of the Club and any of the Governing Body Rules then the relevant Governing Body Rule shall prevail

3 Membership

3.1 The total membership of the Club shall not normally be limited. If however the Committee considers that there is a good reason to impose any limit from time to time then the Committee shall put forward appropriate proposals for consideration at a General Meeting of the Club. The members shall have the right to impose (and remove) from time to time any limits on total membership (or any category of membership) of the Club.

All persons who assist in any way with the club's activities shall become members of the club and hence of the A.S.A. and the relevant A.S.A. membership fee shall be paid. Assisting with the club's activities shall include, but not be restricted to, administrators, associate members, voluntary instructors, teachers and coaches, Committee members, helpers, Honorary members, life members, officers, patrons, Presidents, technical and non-technical officials, temporary members, Vice Presidents and verifiers or tutors of the A.S.A's educational certificates.

Paid instructors, teachers and coaches who are not members of the club must be members of a body which accepts that its members are bound by the A.S.A.'s Code of Ethics, the Laws relating to Child Protection and those parts of the Judicial Laws, Judicial Rules and procedures necessary for their implementation and whilst engaged in activities under the jurisdiction of the A.S.A. shall be subject to all the constraints and privileges of the Judicial Laws and Rules.

3.2 Any person who wishes to become a member of the Club must submit a signed application to the Secretary (and in the case of a junior swimmer the application must be signed by the swimmer's parent or guardian). Election to membership shall be in the discretion of the Committee but other person(s) authorised by the Committee may make recommendation as to the applicants' acceptability. The Committee shall not be required to give reasons for the refusal of any application for membership.

3.3 The Club shall not refuse an application for membership on discriminatory grounds, whether in relation to sex, sexual orientation, ethnic origin, religion, disability or political persuasion.

3.4 The Club shall require that any one parent/guardian of a swimmer under the age of 16 to be at least a non swimming member of the Club and ASA.

4 Subscription and Other Fees

4.1 The annual members subscription and coaching and squad fees (as applicable) shall be determined from time to time by the Committee and the Committee shall in so doing make special provision for different classes of membership.

4.2 The annual subscription and entrance fee (if any) shall be due on joining the Club and thereafter on the 1st day of April each year.

4.3 Coaching and squad fees are to be paid quarterly in advance or on 1st January, April, July , October. Any member whose fees remain unpaid 30 days after the due date may be suspended by the Committee from some or all of Club activities from a date determined by the Committee until payment is made. Where a member joins part way through a quarter fees will be due pro rata. In the event that a member is experiencing financial difficulties the Chair and Treasurer have the discretion, based on the needs of the individual case to agree a short term payment arrangement that is declared and monitored through Part 2 (confidential section) of the formal committee meeting.

4.4 The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees. This shall include the power to make such increase in the subscription as shall, where the Club pays the individual ASA Membership Fees to the ASA on behalf of members, be consequential upon an increase in individual ASA membership fees. Any increase in subscriptions shall be advised to the members in writing with the reasons for any increase to be reported to the members at the next Annual General Meeting.

5 Resignation

5.1 A member wishing to resign membership of the Club must give to the Secretary written notice of his resignation. A member's resignation shall only take effect when this (Rule 5.1) has been complied with.

5.2 Notwithstanding the provisions of Rule 5.1 above a member whose subscription is more than two months in arrear shall be deemed to have resigned. Where the membership of a member shall be terminated in this way he shall be informed in writing that he is no longer a member by notice handed to him or sent by post to his last known address.

6 Expulsion and other Disciplinary action

6.1 The Committee shall have power to expel a member when, its opinion, it would not be in the interests of the Club for him to remain a member. The Club in excersing this power shall comply with the provisions of 6.2 and 6.3 below.

6.2 The Club shall adopt and comply with the ASA Guidelines for handling Internal Club Disputes ("the Guidelines") as the same may be revised from time to time. The Guidelines are set out as an Appendix to the ASA Judicial Laws and appear in the ASA Handbook. (A copy of the current Guidelines may be obtained from the ASA Legal Affairs Department.)

6.3 A member may not be expelled or (subject to Rule 6.4 below) be made the subject of any other penalty unless the panel hearing the complaint shall by a two-thirds majority vote in favour of the expulsion of (or other penalty imposed upon) the member.

6.4 The Officers of the Club (or any person to whom the Committee shall delegate this power) may temporarily suspend or exclude a member from particular training sessions and/or wider club activities, when in their opinion, such action is in the interests of the Club. Where such action is taken the complaint will thereafter be dealt with in accordance with the Guidelines.

7 Committee

7.1 The Committee shall consist of the Chairman, Secretary, Treasurer (together "the Executive Officers of the Club") and up to eight elected members all of whom must be members of the Club. The club shall have a Welfare Officer. All Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend their meetings without power to vote.

7.2 The Committee members shall be proposed, seconded and elected by ballot at the Annual General Meeting each year and shall remain in office until their successors are elected at the next Annual General Meeting. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring members of the Committee shall be eligible for re-election. (See also 8.1)

7.3 Committee meetings shall be held not less than once a quarterly (save where the Committee itself shall by a simple majority resolve not to meet), and the quorum of that meeting shall be such number as shall represent not less than a simple majority of the Committee members (to include not less than one Executive Officer). The Chairman and the Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interests of the Club. The Secretary shall give all the members of the Committee not less than two days oral notice of a meeting. Decisions of the Committee shall be made by a simple majority (and in the event of equality of votes the Chairman (or the acting Chairman of that meeting) shall have a casting or additional vote.) The Secretary, or in his absence a member of the Committee, shall take minutes.

7.4 In the event that a quorum is not present within thirty minutes of the published start time, a meeting shall stand adjourned to the time and date falling seven days after the date of the meeting, or such other date and time as may be determined by the Chairman. If a quorum is not present at the adjourned meeting then those Committee members attending may act for the purpose of calling a Special General Meeting of the members, to which the provisions as to minimum notice contained in Rule 11.1 shall not apply

7.5 In addition to the members so elected the Committee may co-opt up to two further members of the Club who shall serve until the next Annual General Meeting. Co-opted members shall be entitled to vote at the meetings of the Committee and shall be counted in establishing whether a quorum is present.

7.6 The Committee may from time to time appoint from among their number such sub-committees as they may consider necessary (and to remove (in whole or in part) or vary the terms of reference of such sub-committees) and may delegate to them such of the powers and duties of the Committee as the Committee may determine. All sub-committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with the directions of the Committee.

7.7 The Committee shall be responsible for the management of the Club and shall have the sole right of appointing and determining the terms and conditions of service of employees of the Club. The Committee shall have power to enter into contracts for the purposes of the Club on behalf of all the members of the Club. The Committee shall be responsible for ensuring that the Accounts of the Club for each financial year be examined by an independent examiner to be appointed by the members in General Meeting. The Committee shall also have power to make regulations and to settle disputed points not otherwise provided for in this Constitution.

7.8 The members of the Committee shall be indemnified by the members of the Club against all liabilities properly incurred by them in the management of the affairs of the Club.

7.9 The Committee shall ensure that the financial records and minutes of meetings are retained for a period of at least 6 years.

7.10 The Committee shall maintain an Accident Book in which all accidents to club members at swimming related activities shall be recorded. Details of such accidents shall be reported to the A.S.A. Office 7.10 In addition to the members so elected to the Committee the Club's Head Coach and a representative of the London Borough of Redbridge are co-opted members of the Committee. These co-opted members shall not be entitled to vote at the meetings of the Committee and shall not be counted in establishing whether a quorum is present.

8 Officers and Honorary Members

8.1 The Executive Officers and Committee of the Club shall be proposed, seconded and elected (by ballot) at the Annual General Meeting and shall hold office until the next Annual General Meeting when they shall retire. Any vacancy occurring by resignation or otherwise may be filled by the Committee. Retiring officers shall be eligible for re-election.

8.2 The Annual General Meeting of the Club, if it thinks fit, may elect a President and Vice-Presidents. A President or Vice-President need not be a member of the association and on election shall, ex officio, be an honorary member of the Club and must be included in the Club's Annual Return of Members to the ASA.

8.3 The Committee may elect any person as an honorary member of the Club for such period as it thinks fit and they shall be entitled to all the privileges of membership except that they shall not be entitled to vote at meetings and serve as officers or on the Committee unless any such person shall have retained in addition his ordinary membership of the Club. Such honorary members must be included in the Club's annual return as to membership.

9 Annual General Meeting

9.1 The Annual General Meeting of the Club shall be held each year on a date in June the date for the Annual General Meeting shall be fixed by the Committee

9.2 The purpose of the Annual General Meeting is to transact the following business:

9.3 Nominations for election of members to any office or for membership of the Committee shall be made in writing by the proposer and seconder to the Secretary not later than 10th May. The nominee shall be required to indicate in writing on the nomination form his willingness to stand for election. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not later than 10th May.

10 Special General Meeting

10.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him of a requisition in writing signed by not less than 7 members entitled to attend and vote at a General Meeting stating the purposes for which the meeting is required and the resolutions proposed.

11 Procedure at the Annual and Special General Meetings

11.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda giving notice of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least 14 days before the meeting and in the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the examined accounts. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.

11.2 The quorum for the Annual and Special General Meetings shall be 14 members entitled to attend and vote at the Meeting.

11.3 The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and resolutions shall be passed by a simple majority. For the procedures for submitting resolutions to be considered at a General Meeting members are referred to Rule 9.3. In the event of an equality of votes the Chairman shall have a casting or additional vote. Only paid up members who have reached their 16th birthday shall be entitled to be heard and to vote on all matters. (Members who have not reached their 16th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors, such as the election of club captains.)

11.4 The Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.

11.5 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of such meeting, the sole interpreter of the Rules of the Club.

12 Alteration of the Rules and other Resolutions

12.1 The rules may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a majority of at least two-thirds of members present and entitled to vote at the General Meeting. No amendment(s) to the rules shall become effective until such amendment(s) shall have been submitted to and validated by such person as authorised to do so by the Essex County Association/ASA London Region.

12.2 Any member shall be entitled to put any proposal for consideration at any General Meeting provided the proposal in writing shall have been handed to or posted to the Secretary of the Club so as to be received by him not later than 10th May in the case of the Annual General Meeting or, in the case of a Special General Meeting, 14 days before the date of the meeting and thereafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 11.1

13 By-Laws

13.1 The Committee shall have power to make, repeal and amend such by-laws as they may from time to time consider necessary for the well being of the Club which by-laws, repeals and amendments shall have effect until set aside by the Committee or at a General Meeting.

14 Finance

14.1 All moneys payable to the Club shall be received by the Treasurer and deposited in a bank account in the name of the Club. No sum shall be drawn from that account except by cheque signed by two of the three signatories who shall be the Chairman, Secretary and Treasurer. Any moneys not required for immediate use may be invested as the Committee in its discretion think fit.

14.2 The income and property of the Club shall be applied only in furtherance of the objects of the Club and no part thereof shall be paid by way of bonus, dividend or profit to any members of the Club.

14.3 The Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the Club and to any other person or persons for services rendered to the Club.

14.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.

14.5 The financial year of the Club shall be the period commencing on 1st April and ending on 31st March. Any change to the financial year shall require the approval of the members in a General Meeting.

15 Borrowing

15.1 The Committee may borrow money on behalf of the Club for the purposes of the Club from time to time at their own discretion up to such limits on borrowing as may be laid down from time to time by the General Meeting for the general upkeep of the Club or with the prior approval of a General Meeting for any other expenditure, additions or improvements.

15.2 When so borrowing the Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sums or sums of money in such manner or on such terms and conditions as it thinks fit, and in particular by mortgage of or charge upon or by the issues of debentures charged upon all or any part of the property of the Club.

15.3 The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums so borrowed.

16 Property

16.1 The property of the Club, other than cash at the bank, shall be vested in not more than four Custodians. They shall deal with the property as directed by resolution of the Committee and entry in the minute book shall be conclusive evidence of such a resolution.

16.2 The Custodians shall be elected at a General Meeting of the Club and shall hold office until death or resignation unless removed by a resolution passed at a General Meeting.

16.3 The Custodians shall be entitled to an indemnity out of the property of the Club for all expenses and other liabilities properly incurred by them in the discharge of their duties.

17 Dissolution

17.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three- quarters of the members present and entitled to vote. A specific date for the dissolution shall be included in the resolution.

17.2 The dissolution shall take effect from the date specified in the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.

17.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be given to a charity or charities (or other non-profit making organisation having objects similar to those of the Club for the furtherance of such objects) nominated by the last Committee.

18 ACKNOWLEDGEMENT

18.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.

The following statement needs to appear on Club membership forms and is to be signed by the member and must also be countersigned by the parent, or a person having parental responsibility for the member, if under 18 years of age:

I acknowledge receipt of the rules of London Borough Of Redbridge Swimming Club and confirm my understanding and acceptance that such rules (as amended from time to time) shall govern my membership of the Club. I further acknowledge and accept the responsibilities of membership upon members as set out in these rules.

Annex 1

ASA COUNCIL MEETING - RULES OF DEBATE

1. A motion of amendment which has been proposed and seconded and submitted in accordance with ASA Law shall be discussed subject to paragraph 15 below. The Chairman may, at this discretion allow amendments from a member of Council at the meeting provided it does not materially affect the substance of the matter under discussion.

2. A member when seconding a motion or amendment may, if he then states his intention to do, reserve his speech until a later period of the debate.

3 A member will stand when speaking at a meeting of the Council and will address the Chairman. If two or more members rise, the Chairman will decide the order in which they shall speak.

4. A member will direct his speech to the question under discussion, to an explanation, or to a point of order.

5. Wherever the wording of a motion reasonably permits, an amendment shall either delete words and/or add others but such omissions or insertions must not have the effect of introducing a new proposal into, or rendering negative the motion before the Council.

6. If an amendment is lost, other amendments may be moved on the original motion.

7. If an amendment is carried, the motion, as mended, will replace the original motion and become the motion on which any further amendments may be made.

8. A further amendment may not be moved until the Council has disposed of the amendment previously moved.

9. A member may only speak once on any motion or amendment, except:

10. A member can, after another member has finished speaking move without comment:

If the motion is seconded and the Chairman agrees that the matter needs no further discussion, he will give the mover of the original motion a right of reply. The procedural motion will then be voted on. If it is carried, as the case may be

11. A member may rise on a point of order or in personal explanation. A point of personal explanation shall be confined to some material part of a former speech by the member concerned at the same meeting, which may have been misunderstood. A point of order shall only relate to an alleged breach of a Standing Order or of an ASA Law. The member shall specify the Standing Order or ASA Law and the way in which he considers it to have been broken. A member so rising shall be entitled to be heard but no member shall be entitled to interrupt the speech of any other member.

12. The Chairman may close the discussion when he considers the subject has been sufficiently debated. The Chairman may, at his discretion, sum up the debate before putting a motion or amendment. If the debate involves questions of a legal, technical or administrative nature, the Chairman may request the Chief Executive or any other person to advise the Council.

13. The ruling of the Chairman on a point of order, on a point of personal explanation, or an amendment, shall be final and not open to discussion.

14. Whenever the Chairman speaks or rises during a debate, a member then speaking or standing shall resume his seat and the Council shall be silent.

15. A motion or amendment may be withdrawn by the mover with the agreement of the seconder and of the Council, which shall be signified without discussion. Unless this permission is refused, a member cannot speak on the motion after the mover has asked permission to withdraw it.

16. When a motion is under debate, no other motion (which in this context includes an amendment) shall be moved except the following:

17. Right of Reply The proposer of a motion shall have the right of reply at the close of the debate immediately before the motion is put to the vote or before the motion "that the Council proceed to the next business", or "That the Council now adjourn" is put. If amendments are proposed he shall be entitled to reply at the close of the debate on each amendment.

The mover of an amendment shall not have the right of reply in the debate on the amendment. However, if the amendment is carried and become the substantive motion he shall have the right of reply in the event of any amendment being moved.

A member exercising a right of reply shall only answer previous speakers and shall not introduce new matters. The Chairman's ruling on this shall be final. After every reply to which this Standing Order refers, a decision shall be taken without further discussion subject to the provision contained in the Rules of Debate.

18. Disorderly Conduct If a member, in the opinion of the Chairman, behaves irregularly, improperly, or offensively or intentionally disrupts the business of Council, the Chairman may request the immediate discontinuance of this behaviour. If the member continues to misbehave, the Chairman shall ask the member to leave the room for the remainder of the meeting.

If the member does not then leave, the Chairman or any member may move "That the member named leave the room and be excluded during the remainder of the meeting". If the motion is seconded, it shall be put and determined without discussion.

If carried the Chairman shall then order the removal of the offending member from the room. Whether he retire upon request or is removed, he shall be excluded from the remainder of the meeting.

The ruling of the Chairman relating to disorderly conduct, or on any consequent motion, and any other requirements or instructions of the Chairman to ensure the orderly debate and proper conduct of the Councils business, shall be accepted without discussion by the members.

If misconduct is continued or there is a general disturbance making orderly business impossible, the Chairman shall adjourn the meeting for as long as he thinks necessary.

19. Business of an Objectionable Nature If the Chairman considers any matter to be objectionable or undesirable he may, either before or after it is brought forward, put to the vote a motion that it be not heard. No discussion shall be entered into on the Chairman's proposal. If carried, the matter shall be considered as disposed of.

20 Any happening or matter occurring which these rules do not encompass shall be decided upon by the Chairman whose decision shall be binding on Council.

Annex 2

CODE OF ETHICS

This Code of Ethics was written with specific reference to Teachers and Coaches. However, most aspects of this Code are also applicable to other people involved in the sport. Therefore all Members of the ASA, need to be aware that this Code also applies to them. Please see the accompanying Note for Guidance which does not form part of this Code but which are intended to assist Members in its interpretation.

The ASA and IOS acknowledge that a large part of this Code of Ethics has been derived from the code produced by the Industry Lead Body for Sport and Recreation. The Code published below will remain operational unless and until notice of any changes and amendments is given by the ASA.

The British Swimming Coaches & Teaching Association (BSCTA) endorses this Code of Ethics.

Teaching/Coaching and Instructing

Even though the NVQ standards focus on and describe work functions, they are based on a number of accepted assumptions and values which underpin good practice in teaching/coaching and instructing. The British Institute of Sports Coaches has articulated these into a Code of Ethics much of which has been incorporated into the following Code of Ethics for Swimming Teachers/Coaches. Throughout the following Code the expression ‘Teacher/Coach' whether used in the singular or plural shall include all teacher/coaches, assistants and other helpers whose activities are connected with the disciplines regulated by the Amateur Swimming Association (the ASA) and all members of the Institute of Swimming (IOS). Where the context of the code admits the expressions Teacher/Coach and Sports coach this may also include Officials and others involved in the sport of swimming in any capacity.

The purpose of the Code of Ethics (referred to throughout the remainder of the document as the Code) is to establish and maintain standards for Teachers/Coaches and to inform and protect members of the public using their services. Ethical standards comprise such values as integrity, responsibility, competence and confidentiality. Individuals who are members of the ASA/IOS are deemed to have assented to the Code and as such recognise and adhere to the principles and responsibilities embodied in it.

The Code creates a framework within which Teachers/Coaches when engaged in sports coaching - in the fullest sense of the expression - should always work. The code has been written as a series of guidelines rather than a set of instructions. However violations of the Code may result in complaints being made to the ASA Judicial System and, in which case the relevant Tribunal in determining whether a conduct complained of has brought the sport into disrepute or amounts to a violation of the ASA Laws will consider the Code's provisions when assessing the guilt of individuals against whom complaints have been made and/or the appropriate sanctions to apply.

The Code

Issues of responsibility

Teaching/ Coaching is a deliberately undertaken responsibility, and sports Teacher/Coaches are responsible for the observation of the principles embodied in the Code of Ethics.

Humanity

Teacher/Coaches must respect the rights, dignity and worth of every human being and their ultimate right to self-determination. Specifically, Teacher/Coaches must treat everyone equally within the context of their activity, regardless of sex, ethnic origin, religion, disability or political persuasion.

All club members should refrain from any conduct which may constitute bullying.

Bullying may be defined as deliberately hurtful behaviour, usually repeated over a period of time. Bullying can be:

Physical e.g. Hitting, kicking or theft.

Verbal: e.g. Racist, sexist or homophobic remarks, threats, name-calling

Emotional e.g. Isolating an individual from activities, putting them down, destroying self esteem

(See Notes for Guidance)

Relationships

The good Teacher/Coach will be concerned primarily with the well- being, health and future of the individual performer and only secondary with the optimisation of performance.

A key element in a teacher/coach relationship is the development of independence. Performers must be encouraged to accept responsibility for their own behaviour and performance in training, in competition, and in their social life. Teachers/Coaches are responsible for setting and monitoring the boundaries between a working relationship and friendship with their performers. This is particularly important when the coach and performer are of opposite sex and/or when the performer is a young person. The Teacher/Coach must realise that certain situations or friendly actions could be misinterpreted, not only by the performer, but by outsiders motivated by jealousy, dislike or mistrust and could lead to allegations of sexual misconduct or impropriety.

The relationship between coach and performer relies heavily on mutual trust and respect. In detail this means that the performer should be aware of the Teachers'/Coaches' qualifications and experience and must be given the opportunity to consent to or decline proposals for training and performance.

Commitment

Teachers/Coaches need to clarify in advance with performers and/or employer the number of sessions, fees (if any) and method of payment. They also need to explore with performers and/or employers the expectation of the outcome of teaching/coaching.

Teachers/Coaches have a responsibility to declare to their performers and/or employer any other current teaching/coaching commitments. Teachers/Coaches should also find out if any prospective client is currently receiving guidance from another Teacher/Coach. If so, that teacher/coach should be contacted to discuss the situation.

Teachers/Coaches who become aware of a conflict between their obligation to their performers and their obligation to their Governing Body or other organisation employing them must make explicit the nature of conflict, and the loyalties and responsibilities involved, to all parties concerned.

Co-operation

Teachers/Coaches should communicate and co-operate with other sports and allied professions in the best interest of their performers. An Example of such contact would be the seeking of educational and career advice/counselling for young performers whose training impinges upon the performance of their studies.

 Teachers/Coaches must communicate and co-operate with medical and ancillary practitioners in the diagnosis, treatment and management of their performers' medical and psychological problems.

Advertising

Advertising by sports teacher/coaches in respect of qualifications and/or services shall be accurate and professionally restrained. Teachers/Coaches shall not display any affiliation with an organisation in a manner that falsely implies sponsorship or accreditation by that organisation.

Integrity

Teachers/Coaches should refrain from public criticism of fellow Teachers/Coaches. Differences of opinion should be dealt with on a personal basis and more-serious disputes should be referred to the Governing Body (ASA) or to the IOS.

 Teachers/Coaches must not encourage performers to violate the rules of their sport and should actively seek to discourage such action. Furthermore, teachers/coaches should encourage performers to obey the spirit of such rules.

Teachers/Coaches must not compromise their performers by advocating measures which could be deemed to constitute seeking to gain an unfair advantage. Above all, teachers/coaches must never advocate the use of proscribed drugs or other banned performance enhancing substances.

Teachers/Coaches must treat opponents and officials with due respect both in victory and defeat and should encourage their performer to act in a similar manner.

 Teachers/Coaches must accept responsibility for the conduct of their performers insofar as they will undertake to discourage inappropriate behaviour.

Confidentiality

Teachers/Coaches inevitably gather a great deal of personal information about performers in the course of a working relationship. Teacher/Coach and performers must reach agreement as to what is regarded as confidential information, i.e. not divulging to a third party without the express approval of the performer.

Confidentiality does not preclude the disclosure of information, to persons who can be judged to have a ‘right to know', relating to performers when relevant to the following:

Abuse of Privilege

The Teacher/Coach is privileged, on occasion to have contact with performers and to travel and reside with performer in the course of teaching/coaching and competitive practice. Consequently, a Teacher/Coach must not attempt to exert undue influence over the performer in order to obtain personal benefit or reward.

Personal Standards

The Teacher/Coach must consistently display high personal standards and project a favourable image of their sport and of teaching/coaching - to performers, other teachers/coaches, officials, spectators, the media and the general public.

Personal appearance is a matter of individual taste but the sports teacher/coach has an obligation to project an image of health, cleanliness and functional efficiency.

The Teacher/Coach should never smoke when teaching/coaching.

Teachers/Coaches should not drink alcohol so soon before teaching/coaching that their judgement may be impaired and the smell will still be on their breath when working with performers.

Safety

Teachers/Coaches have a responsibility to ensure the safety of the performers with whom they work as far as possible within the limits of their control.

All reasonable steps should be taken to establish a safe working environment.

The work done and the manner in which it is done should be in keeping with regular and approved practice within that sport.

The activity being undertaken should be suitable for the age, experience and ability of the performers.

Performers should have been systematically prepared for the activity being undertaken and made aware of their personal responsibilities in terms of safety.

Issues of Competence

Teachers/Coaches shall confine themselves to practice in those fields of sport in which they have been trained/educated, and which are recognised by the ASA and IOS as being valid. Valid areas of expertise are those directly concerned with sports coaching. Training includes the accumulation of knowledge and skills through both formal Teacher/Coach education courses and by experience at a level of competence acceptable for independent teaching/coaching practice.

Teachers/Coaches must be able to recognise and accept when to refer performers to other agencies. It is the responsibility of the Teacher/Coach as far as possible, to verify the competence and integrity of the person to whom they refer a performer.

 Teachers/Coaches should regularly seek ways of increasing their professional development and self awareness.

Teachers/Coaches should welcome evaluation of their work by colleagues and be able to account to performers, employers, Governing Bodies and colleagues for their actions.

Teachers/Coaches have a responsibility to themselves and their performers to maintain their own effectiveness, resilience and abilities, and to know when their personal resources are so depleted as to make it necessary for them to seek help and/or withdraw from teaching/coaching whether temporarily or permanently.

Violations of this Code

An alleged breach of this Code shall be grounds for making a complaint under ASA Law. This is a formal expression of dissatisfaction with the actions of behaviour of clubs, bodies, organisations or individuals or with alleged unfair practice in connection with the sport and will be dealt with by a Judicial Tribunal.

The procedures for making a complaint are set out in the ASA Judicial Laws which are reproduced in the current edition of Laws of the Sport and the ASA Handbook. Any complaint relating to matter contained in this Code may be referred by the ASA Judicial Administrator for investigation as is required under A.S.A. Law. Dependent upon the outcome of the investigation the Judicial System may direct that the matter may not proceed as a complaint under the ASA judicial system. In such a situation the Chief Executive may authorise such other action for instance the offering of guidance of education support or the issue of a warning as to future conduct, as may be appropriate in the circumstances. Thereafter dependant upon the outcome of such other action the Chief Executive may refer the matter back to the Judicial System for reconsideration as to whether the matter may proceed as a complaint.

The ASA Child Protection Officer shall have the power in exceptional circumstances to commence or take over conduct of any complaint made in respect of any breach of any of the provisions of this Code.

Team Staff Appointments Policy

The policy of the Amateur Swimming Association and Amateur Swimming Federation of Great Britain is as follows:

Where one athlete aged below eighteen years of age is travelling they must be accompanied by one member of staff and parental consent obtained with regard to the identity of the staff member.

Where there are two or more athletes travelling they must be a minimum of two members of staff accompanying the athletes. Where the group of athletes are of mixed sex, there must be staff members of each sex.

NOTES FOR GUIDANCE

Under the ASA/IOS Code of Ethics Honorary officials are entitled to expect the same respect and dignity of treatment as that to which employees are entitled. It follows from this that if an official is not performing satisfactorily in their role the official is entitled to be told, to be given an opportunity to respond to the criticism and the opportunity to improve.

Further, the Club may wish to consider establishing a mentoring system with senior figures(s) in the Club (possibly a Past President) offering guidance and support to officials and also encouraging the development of new talent to ensure successions within the Club's administration.

Conduct of Meetings

In particular any member wishing to make any direct overt-criticism of an official or other member of the club in a general meeting must advise the Chairman in good time to enable the Chairman to advise such person in advance of the meeting in order that he is able to prepare himself for such criticism.

Furthermore, as a separate obligation on the chairman of the meeting when an official or member is the subject of criticism the chairman must specifically afford such person the opportunity to respond to include if requested consideration of an adjournment to enable the person to collect their thoughts.

Any failure to follow these principles may give rise to a complaint to the Judicial System under the ASA/IOS Code of Ethics. It is not intended that the Code should be used to stifle democratic debate but ethical considerations and indeed common sense decency dictates that advance warning should be given to anyone who is to be the subject of criticism in a general meeting.

Bullying

The damage caused by bullying is frequently underestimated and can and does cause considerable distress and harm to children. It is important that all settings in which children are provided with services or activities promote a policy which is not tolerant of bullying. No swimmer will be able to reach their full potential if they feel they are the victims of bullying, by an adult or one of their peers. Tackling bullying must be the responsibility of everyone in the club.

Guidelines and strategies to support an anti-bullying policy The chances of bullying happening in a club can be greatly reduced if there is a general atmosphere where members are valued and cared for. The following strategies which are embodied in the ASA Code of Ethics will support a club's attempt to prevent bullying:

  1. 1) Encourage an ethos of mutual respect for difference throughout the club
  2. 2) Give positive encouragement and promote the value of self and others
  3. 3) Raise awareness of all to the possible cause and effect of bullying
  4. 4) Make it clear that bullying will not be tolerated and is unacceptable, but that both victims and bullies will be given the necessary support
  5. 5) Enable swimmers, coaches and teachers to understand that no form of bullying, be it physical, verbal or emotional, will be tolerated by the club or the Association.
  6. 6) Enable members to feel confident that their concerns will be listened to and taken seriously

Publicise Swimline and the NSPCC Child Protection Helpline

Any club where bullying is evident but not addressed will be considered to be breaching the ASA Code of Ethics. Clubs should ensure that any bullying which involves children should be seen in the same light as other child protection concerns and the ASA Child Protection Procedures should be implemented if a serious concern is raised.

ANNEX 3

Guidelines for Handling Internal Club Disputes

1 Introduction

The purpose of these notes is to give Clubs guidance in the handling of internal club disputes. With the introduction of the Code of Ethics and the increased risk of litigation it is important that internal disputes are handled correctly from the outset. Whilst most Clubs do from time to time have disputes between Committee members, parents and swimmers these can usually be resolved amicably between the individuals concerned. Occasionally it is also necessary to discipline swimmers for minor incidents of misbehaviour and this can also be done fairly by the Coach/Team Manager.

Sometimes a more serious dispute arises in a Club and because such a situation does not occur frequently Clubs are unsure how to handle the matter. This can lead to the dispute becoming more serious with recourse to the Judicial procedures becoming necessary.

 These guidelines do not apply to paid employees of a Club. If a Club is in dispute with a paid employee then the employment contract and employment law needs to be considered. Specialist legal advice may have to be sought.

2 General Principles

ASA Judicial Laws define Protests and Complaints and it should first be decided whether the matter is a Protest or a Complaint. A Protest can be dealt with by a Club provided they are the Promoter of the Competition to which the Protest relates. A Complaint cannot be dealt with by a Club. However, it is often possible to resolve a dispute within a Club without the matter becoming a formal Complaint. If either party is dissatisfied with a decision reached in an internal Club dispute then they still have the option to make a formal Complaint to the Judicial Administrator.

It must be noted that a Club only has the power to legislate for a breach of its own rules and can only suspend a swimmer from its own Club activities. A Club has not power to handle a dispute relating to a member of another Club, nor deal with an offence against ASA Law.

The key principle to be followed is that ASA Law conforms to the law of the land in so much that an individual accused of an alleged offence is innocent until proven guilty and he must have reasonable opportunity to present a defence and have his views heard.

In these notes reference is made to the term ‘dispute' to avoid confusion with the term ‘Complaint' used in formal ASA Judicial terms. The term Club could also refer to a League or County Association.

It is assumed for the purpose of these notes that the dispute is between the Club and one or more of its members. It is most important that the same people in the Club do not become both the prosecutor (or defender) and the judge. If the Committee or its officers are either the prosecutor or defender or involved in the dispute then they must find other members not connected with the matter to hear the evidence from both parties to the dispute.

There are occasions when a problem arises in a Club, for example fighting between members in a training session, where immediate action is required, such as a temporary suspension or exclusion from a training session or from wider club activities. Coaches and officers should always be given the power to invoke a temporary suspension. A report should then be made, immediately, to the Club officers who should follow the procedures in the relevant section of the rules.

3.3 Procedures

3.1 On receipt of the dispute every effort should be made to resolve the matter by informal discussion. In difficult cases the Chairman of the relevant Panel is empowered to appoint an independent arbitrator to assist in achieving a settlement. If this fails or it is clearly necessary to discipline a member, the Club should set up a panel to deal with the matter.

The panel should consist of three persons, one to act as Chairman. A Secretary may also be needed. The panel will need to consist of people not involved in the dispute and the Club may want to ask individuals from outside the Club to sit on the panel. The full Club Committee could of course hear the dispute but given the number of people on a Committee this could be seen as intimidating and it is usually preferable to have a smaller number of people to hear a disciplinary matter, hence the recommendation to set up a panel of three persons.

3.2 The Chairman must notify both parties of the date, time and place of the hearing and the names of the panel members. Both parties need to be given copies of all the papers and every effort should be made to hold the hearing within 14 days of the receipt of the dispute.

3.3 If either party is under 18 years of age they must be advised of their right to be accompanied by a parent (or other person with a parental responsibility for them) or coach to help them present their case.

3.4 Both parties should be allowed to bring witnesses.

3.5 The hearing should be as informal as possible but needs to be controlled. Points to note.

4 Powers of the Clubs

The powers of Clubs regarding the disciplinary action they can apply must not exceed those in ASA Judicial Laws which can result in full suspension from Club activities for whatever period the panel shall decide or in expulsion. The panel if it wishes can impose a lesser penalty such as a written or verbal reprimand.

If either party to the dispute is dissatisfied with the outcome they are still entitled to make a Complaint to the Judicial Administrator at ASA Head Office, Loughborough.

5 Further Information

Additional guidance can be obtained from the ASA Handbook Judicial Laws. The Sports Council have also issued a booklet ‘Getting it Right' a Guide to Sports Ethics and Disciplinary Procedures.

6 Conclusions

The key message when dealing with disputes is to ensure: