Scottish Clay Target Association Ltd

Code of Conduct

The under noted is drafted as per article 22 of the articles of association of Scottish Clay Target Association Limited, a company registered in Scotland, registered number 210947

Code of Conduct and Associated Disciplinary Proceedings

1. GENERAL
Disciplinary matters, applying to all members of Scottish Clay Target Association Limited. (further referred to as the SCTA or the Association), will be dealt with by the Executive Directors in the first instance and if necessary subsequently by the Management Board and if appointed a Disciplinary Committee. All members of the Association agree to fully comply with this Code of Conduct and be bound by its terms as under noted.

Disciplinary action against SCTA members, including expulsion without notice, may be taken for offences of misconduct or breach of Association's rules. However it is recognized and accepted that every member

• Has the right to expect fair and consistent treatment.
• Has the right to adequate notice from the Association.
• Has the right to appeal against the Executive Director's judgment or the Disciplinary Committee's decision in all disciplinary matters.
• Has the right to representation.
No member will be expelled for the first breach of Association's rules except in case of "gross misconduct". However all disciplinary actions taken by the SCTA will be duly recorded and placed on file for reference at a future date.

2. OFFENCES LEADING TO DISCIPLINARY ACTION
The under noted actions by members may be interpreted by the Management Board to fall within this Code. However the lists are not to be considered as fully inclusive or covering all possible offences.

"Misconduct" is the carrying out of an offence considered to be of a minor nature (unless frequently repeated) and will normally incur a written warning from the Executive Directors together with a demand for full and appropriate corrective action. Examples of offences that may be considered as misconduct include

• Discourteous, crude or offensive behaviour at a shooting ground, meeting venue or public place.
• Conduct of an unsafe nature.
• Offensive disregard for equipment and property.
• Consistent lateness or disruption of events and competitions or the inconveniencing of other members.
• Refusal to carry out reasonable instructions issued by event officials or organisers.
• Disfiguration of notices, signs or any other such actions of a destructive nature.
• Failure to attend or participate in events after having notified an entry to the organiser.
• Any other actions of similar gravity to the above, at the discretion of the Executive Directors.

Repetition of the above offences or failure to comply with any demands made in writing by the Executive Directors may result in further action by the Executive Directors involving a disciplinary hearing.

"Serious Misconduct" is the carrying out of an offence of such gravity that in the opinion of the Executive Directors it warrants a SCTA disciplinary hearing. Examples of offences, which may be considered as serious misconduct, include:

• Misconduct offences above if specially grave or repeated.
• Deliberate or consistent breaches of Association's rules
• Any attempt to achieve gains or advantage over others by unfair or unscrupulous means.
• Theft or misappropriation
• Use of threatening or abusive behaviour
• Participating in the sport whilst under the influence of drugs or alcohol.
• Malicious interference with equipment or property.
• Disregard for one's own or other people's safety.
• Lying or providing falsified information or unauthorised changing of results, prizes, timetables, etc.
• Deliberate obstruction of events, of other members or of officials' lawful actions.
• Any other action, which in the opinion of the Executive Director may bring the sport or the Association into disrepute, or which left unpunished, may result in the detriment of the Association or its members.

"Gross Misconduct" is action of such seriousness that the Executive Directors will require the immediate expulsion of the offender from the Association. The Executive Directors after consultation with a Legal Adviser should they so wish are empowered, by means of an executive decision to summarily expel such an offender without invoking a disciplinary hearing. The expelled member will have the right to a disciplinary hearing as soon as this can be arranged but will remain expelled until and unless such a hearing overturns the executive decision. Examples of gross misconduct are

• Physical violence or assault towards other persons at a shooting event or related activity, including seriously threatening, intimidating or forceful behaviour.
• Reckless disregard of safety and basic safety rules
• Unjustifiable vandalism or destruction of animals or property for purely malicious reasons.
• Being convicted of criminal offences involving firearms or physical violence or abuse.
• Other acts that are considered to be of an extremely serious nature perpetuated against the Association, its agents, members or any other party

3. DISCIPLINARY PROCEDURE
On receipt of a written complaint from a member, affiliated ground or any other party the Executive Directors with advice from a Legal Adviser should they so wish, will decide whether the complaint falls within the scope of this disciplinary code. If in their opinion it does, then the Executive Directors will decide as to the type of offence as per (2) above.

If the offence is considered to be one of simple misconduct, the Executive Directors will write to the offender with a formal written warning including the demand for an apology or other corrective action the Executive Directors may deem appropriate. The Executive Directors will also attempt to obtain approval for their action from the complainant.

A disciplinary file will be opened by the Executive Directors in which will be placed copies and records of the original complaint, together with the written warning and any other correspondence.
The action outlined above will normally finalise the process unless any of the parties involved object strongly to the Executive Directors decision in which case they may appeal directly to the Management Board for a final decision.

Should the complaint be considered by the Executive Directors as one of serious misconduct, then the following procedure will be implemented.

• The Executive Directors will appoint an Investigating Officer who will research evidence presented and, if possible, will obtain further written evidence, witness statements, etc. If necessary the Investigating Officer will consult all relevant witnesses for supportive evidence.
• Advise complainant that if a disciplinary hearing is called, then the complainant and all relevant witnesses will be obliged to attend and give evidence. (Non-attendance at hearing will only be allowed in extenuating circumstances, i.e., ill-health; threat of violence or other intimidation, etc. In such instances a sworn declaration must be submitted to the Executive Directors).
• Contact the member subject of the complaint to advise of the official complaint and request the member to submit a written statement of events.
• In cases of disputes of a personal nature, the Executive Directors will attempt to resolve the situation amicably and to the mutual satisfaction of the parties concerned.
• If settlement cannot be agreed between the parties, or if the offence merits it, then a disciplinary hearing will be arranged as soon as possible.
• Contact the Association's Legal Adviser and supply copies of all evidence.
• Notify all parties as to the hearing date and ensure the parties have all relevant copies of paperwork in good time prior to the hearing, copies to be sent by first class recorded delivery.

4. THE DISCIPLINARY HEARING
• The Association's Legal Adviser, or an appointed Solicitor or party of similar standing will take charge of the hearing; all questions will be addressed through this person.
• A Disciplinary Committee will be appointed which will consist of: the Association Chairman and four members of the Management Board.
• The Association will appoint a case presenter, who will normally be the Investigating Officer.
• All witnesses to be interviewed and all written and material evidence to be reviewed at the hearing.
• No witnesses or statements can be introduced at the hearing without prior notice and copies of all written evidence produced for consideration prior to the hearing, to be available in advance to the parties.
• The Disciplinary Committee may adjourn the hearing to allow further evidence to be referred to if the Disciplinary Committee considers it fair to do so.
• After the Disciplinary Committee has reached a decision, the subject of the complaint to be notified in writing of such decision and informed of any penalties within 7 days of the decision being reached, penalties will be effective from the date of the decision. The result of the hearing may be published in the Association's bulletin or any other relevant press.
• All Association members, affiliated grounds and Associations affiliated to the International Clay Target Shooting Council to be notified of relevant penalties imposed in order that they may fulfil their obligations to the SCTA in the implementation of such penalty. The complainant also to be informed of the result of the hearing as soon as possible thereafter.
• Details of appeal procedure to be notified to the offender.

5. PENALTIES
Following the hearing, the Disciplinary Committee will apply such penalties as the Disciplinary Committee consider appropriate, including temporary or permanent expulsion of the offender from the Association, such penalties will have immediate effect, notwithstanding the possibility of an appeal in accordance with (6) under noted. Offences of cheating or deliberately breaking the shooting rules of the Association or those involving threats of physical violence, will carry automatic expulsion from the SCTA and will preclude the offender from taking part in the sport at any level organised by the SCTA at any ground affiliated to the SCTA and from taking part in any shoot or competition organized or managed by Associations affiliated to the International Clay Target Shooting Council.

6. APPEALS
In an appeal of the decision or penalty is to be made then written notice of appeal by way of first class recorded delivery to the Association Secretary must be given by the offender, within 28 days of being notified of the decision. No appeal will be valid or considered after that period has elapsed.

It will not be sufficient simply to state "I wish to appeal", the offender must give full written grounds for the appeal, stating exactly what being is appealed against and the reasons for this. An appeal together with full and reasoned argument may be considered relative to

• The decision
• The penalty
• Other.
An appeal hearing will be convened as soon as practicable and will consist of an Appeal Committee of 4 members of the Management Board who did not take part in the first hearing and who will elect their own Chairman (who shall have a casting vote).

New evidence cannot be presented at the appeal hearing.

The Appeal Committee shall have power to rescind or amend any decision made at the previous disciplinary hearing.

The decision of the Appeal Committee is final and binding on the parties and not subject to further appeal.