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County Disciplinary Regulations 2016

 

BADMINTON England Disciplinary Regulations Page 1 of 16

BADMINTON ENGLAND DISCIPLINARY REGULATIONS

1. Introduction

1.1 BADMINTON England is committed to the development of badminton that is safe

for all. To achieve consistency and fairness, it is important that we have

transparent procedures to ensure that where issues do arise involving persons

referred to under Regulation 2.1 and 2.2 action is fair and carried out expediently.

These Disciplinary Regulations provide a framework to enable disciplinary

matters to be managed effectively at all levels within BADMINTON England.

1.2 These Disciplinary Regulations were approved for adoption by the Board of

BADMINTON England on 30th October 2013.

1.3 These Regulations are for matters relating to disciplinary issues only, matters

relating to young people (other than those specifically involving on-court or

similar offences) must be dealt with via the Child Protection Disciplinary

Procedures and those relating to anti-doping must be dealt with by BADMINTON

England Anti-Doping procedures. See 5 below.

1.4 These Regulations serve as part of the rules of membership of BADMINTON

England.

1.5 These Regulations are issued in accordance with BADMINTON England’s status

as the self-regulating governing body of the sport of Badminton.

1.6 It is important that all those who work in and around badminton at any level

understand these Regulations and demonstrate their commitment to driving up

the standards in the sport for the enjoyment of all who play and are involved with

our game.

1.7 All Members of BADMINTON England are required to ensure that all persons

referred to at 2.2.1 to 2.2.4 below are expressly bound by, and that their attention

is drawn to:

1.7.1 these Regulations;

1.7.2 BADMINTON England’s Codes of Ethics and Conduct.

2. Jurisdiction

2.1 These Disciplinary Regulations will encompass anyone who plays or is

otherwise involved in the playing of badminton, this includes: players, coaches

and officials who are members of clubs, leagues, County Badminton

Associations and other bodies affiliated to BADMINTON England or who

participate in events sanctioned by BADMINTON England.

2.2 BADMINTON England has disciplinary jurisdiction under these Regulations over

the following:

BADMINTON England Disciplinary Regulations Page 2 of 16

2.2.1 All Members of BADMINTON England and all volunteers, workers and selfemployed

individuals.

2.2.2 All persons (including players, coaches, officials, referees, umpires and

officers) who are members of a club or other organisation which is a Member of

BADMINTON England.

2.2.3 All persons (including players, coaches, officials, referees, umpires and

officers) who take part in badminton in any capacity directly or indirectly under

the jurisdiction of BADMINTON England or any club or other organisation which

is a Member of BADMINTON England.

2.2.4 All persons (including players, coaches, officials, referees, umpires and

officers) who have, whether by enjoying any form of licence, accreditation or any

other status from BADMINTON England, or otherwise, consented ( expressly or

implied) to be bound by these Regulations.

2.3 These Regulations do not apply to:

2.3.1 Staff of BADMINTON England – these will be dealt with via the BADMINTON

England HR policies: ‘Disciplinary Procedure‘ and ‘General Conduct and

Behaviour At Work Policy’.

2.3.2 On court issues – where these are resolved by an umpire or referee at the time

of the offence.

2.3.3 World Class Performance Issues – these will be dealt with by the ‘Disciplinary

Procedure for the England Performance Programme’ and ‘Grievance Procedure

for the World Class Performance Programme’.

3. Definitions

3.1 ‘Appellant’ – the individual or organisation who has submitted a Notice of Appeal

under 16 below.

3.2 ‘Board’ - the Board of Directors for the time being of BADMINTON England.

3.3 “Charge” - an allegation of grounds for disciplinary action under 8 below.

3.4 “Complainant” the person who makes the original complaint.

3.4 ‘Disciplinary Officer’ a person designated to make key decisions on disciplinary

matters, it may be the BADMINTON England Disciplinary Officer or County

Disciplinary Officer

3.6 ‘Interim Suspension’ - a suspension imposed under regulation 9 below pending

the conclusion of relevant investigations and proceedings.

3.7 ‘Disciplinary Panel’ – a Panel appointed under 8 below.

BADMINTON England Disciplinary Regulations Page 3 of 16

3.8 ‘Disciplinary Appeals Panel’- a Panel appointed under 13 below.

3.9 ‘Suspension’- a disciplinary order that may be made under these regulations by

the Disciplinary or Appeals Panels (under 17 below).

3.10 Balance of probabilities – the standard of proof required in civil cases, ie that it

is more likely than not that the offence was committed.

3.11 Respondent – someone who responds to a communication made by another, in

this document likely to be the person against whom a complaint has been made.

4. Delegation

4.1 These Regulations are to be implemented at the appropriate level, whether at

County level, by a County Disciplinary Officer or national level by the

BADMINTON England Disciplinary Officer. Where an action relates only to one

level or the other, an appropriate note is made.

4.2 BADMINTON England has powers under its Disciplinary Regulations to hold

inquiries and impose sanctions or take such action as it sees fit subject to a right

of appeal. These powers are normally exercised on behalf of BADMINTON

England by duly appointed Disciplinary Panels and Appeals Panels.

BADMINTON England may also delegate powers, subject to specified

limitations, to the County Badminton Associations. However, a County

Badminton Association may in special circumstances, with the consent of the

BADMINTON England Disciplinary Officer, surrender back to BADMINTON

England its delegated powers generally or in specific cases.

5. What is a Disciplinary Issue?

5.1 It shall be a ground for disciplinary action to be taken under these regulations

where an organisation or person over whom BADMINTON England has

jurisdiction is found to have acted:

5.1.1 in a way that is contrary to the BADMINTON England Codes of Ethics or

Conduct – except where this action is to be dealt with under the Child Protection

Disciplinary Procedures or Anti-Doping Regulations;

5.1.2 in a way that is contrary to the BADMINTON England Equality and Diversity

Policy;

5.1.3. or acted in any other way so as to bring the sport of badminton into disrepute.

5.2 It is not intended for the resolution of a grievance of one person over another,

this should be dealt with using the BADMINTON England Grievance Procedures

for non staff members.

BADMINTON England Disciplinary Regulations Page 4 of 16

5.3 Appendix 1 confirms the reporting mechanism and process for a Disciplinary

issue.

6. The role of the BADMINTON England Disciplinary Officer

6.1 The BADMINTON England Disciplinary Officer is to uphold and fulfil the

BADMINTON England Disciplinary Regulations either in cases directly reported

to BADMINTON England or referred from the County Disciplinary Officer, the full

role is shown at Appendix 2.

6.2 The role includes the following:

6.2.1 to appoint a National Disciplinary Panel which is constituted in a way as to

ensure a fair and objective hearing;

6.2.2 to act fairly towards all registered coaches, players, members and other

persons in investigating and dealing with alleged instances of unacceptable

conduct or performance;

6.2.3 to sit on the BADMINTON England Disciplinary Committee and make

recommendations for improvements in the disciplinary process, learning from

experience in Disciplinary Panels at all levels;

6.2.4 to promote and ensure confidentiality is maintained.

7. The role of the County Disciplinary Officer

7.1 The County Disciplinary Officer is to act on behalf of the County Badminton

Association to instigate the Disciplinary Regulations in cases delegated from the

BADMINTON England Disciplinary Officer and in matters referred directly to

County level. Appendix 3 shows the role in full.

7.2 The role includes the following:

7.2.1 to be the first point of contact with the BADMINTON England Disciplinary

Officer;

7.2.2 to appoint a County Disciplinary Panel which is constituted in a way as to

ensure a fair and objective hearing;

7.2.3 to ensure the County Badminton Association acts fairly towards all registered

coaches, county squad players, affiliated Members and volunteers of the County

Badminton Association and any other persons in investigating and dealing with

alleged instances of unacceptable conduct or performance;

7.2.4 ideally to sit on the County Badminton Association committee and attend

County Badminton Association meetings where necessary;

7.2.5 to promote and ensure confidentiality is maintained.

BADMINTON England Disciplinary Regulations Page 5 of 16

8. Action following receipt of a complaint or allegation

8.1 Should the BADMINTON England Disciplinary Officer be made aware of a

complaint, allegation or matter under 5 above, they may decide at which level

the matter may be dealt with.

8.1.1 The matter may be wholly appropriate to be resolved at a local level by the

County Disciplinary Officer and the BADMINTON England Disciplinary Officer

shall have jurisdiction over this decision

8.1.2 Appendix 4 notes types of issues and complaints and the officer level most

appropriate to deal with them.

8.2 External Agency investigation

8.2.1 Where an individual has been charged with a criminal offence or is the subject

of an investigation by the Police, Social Services or any other public or other

investigatory authority, in respect of conduct which is or may be grounds for

disciplinary action under paragraph 5 above, the Disciplinary Officer shall seek

advice from the relevant agency as to whether or not BADMINTON England

shall postpone consideration of the matter under these regulations pending the

outcome of any such proceedings/investigation, and as to whether or not in the

meantime, an interim suspension should be imposed under these regulations.

8.2.2 Where an External Agency investigation is commenced under 8.2.1 above, the

Disciplinary Officer may at any stage decide (in consultation with the Disciplinary

Panel if he/she considers appropriate), to cease or postpone the investigation

pending consideration under 9.2.1 and 9.2.2.

9. Interim Suspension

9.1 BADMINTON England has a general right to suspend any individual subject to

these Regulations on an interim basis following receipt of a complaint or

allegations under Regulation 8.

9.2 It should be noted that an interim suspension is a neutral act taken by

BADMINTON England, it is communicated as such and is not considered to be a

sign of guilt for the individual concerned.

9.3 The only body with the authority to suspend, is BADMINTON England via the

BADMINTON England Disciplinary Officer. They have the power to impose an

immediate interim suspension if they consider by reference to the factors at 9.4

below that it is appropriate to exclude an individual concerned from any

involvement in badminton under the jurisdiction of BADMINTON England until

the conclusion of all proceedings/investigations mentioned at 8.2.1 above or

under these regulations.

9.3 The factors to be taken into consideration are:

BADMINTON England Disciplinary Regulations Page 6 of 16

9.3.1 the level of seriousness of the matter;

9.3.2 whether a suspension is necessary or desirable to facilitate the conduct of any

investigation or proceedings by BADMINTON England or any other authority

or body,

9.3.3 having regard in all cases to the need for any action to be proportionate.

9.4 The BADMINTON England Disciplinary Officer shall as soon as reasonably

practicable, notify the Individual concerned of the interim suspension, and

shall otherwise publish the decision and send notice to any concerned party.

9.5 An interim suspension shall be reviewed by the BADMINTON England

Disciplinary Officer thereafter at appropriate regular intervals, not less than 8

weeks, taking into particular consideration the factors outlined at 9.2 above

and whether the circumstances or facts surrounding a case justify the

continuation of the interim suspension.

9.6 When an individual is under interim suspension, BADMINTON England will

endeavour to instigate, manage and conclude any proceedings under these

Regulations as soon as reasonably practicable.

9.7 Any breach of an interim suspension shall constitute grounds for further

disciplinary action under these Regulations.

10. The Disciplinary Procedure

10.1 Upon receiving a written complaint (whether directly or through BADMINTON

England), the County Disciplinary Officer or the BADMINTON England

Disciplinary Officer (as appropriate) shall inform the person about whom the

complaint has been lodged of the substance of the complaint, but not the

identity of the complainant, within fourteen days of receipt of such complaint.

10.2 The person about whom the complaint has been made has an opportunity to

respond in writing to the notifying Officer. Any written submission relating to

the rebuttal or denial of the complaint (or the facts thereof) must be made in

writing to the relevant Disciplinary Officer and within seven days of their

receipt of notification of the complaint from the County Badminton Association

or BADMINTON England. The Disciplinary Officer may extend the deadline in

their absolute discretion.

10.3 Where information is given in writing to the Disciplinary Officer from a named

person within the game (i.e. not anonymously) which in the reasonable

opinion of the Disciplinary Officer would amount to a breach of the Code of

Ethics and Conduct, or other disciplinary matter as at Section 5 the

Disciplinary Officer may require the person to whom that information relates to

attend before a Disciplinary Panel to answer the allegations.

11. Investigation

BADMINTON England Disciplinary Regulations Page 7 of 16

11.1 As part of the investigation process the Disciplinary Officer will consider the

available evidence and may request additional information from the

complainant or the person about whom the complaint has been made.

11.2 The Disciplinary Officer may interview the person about whom the complaint

has been made, relevant witnesses to the circumstances of the complaint, the

complainant and any other person the Disciplinary Officer decides may assist

in the general aims of the investigation.

11.3 The Disciplinary Officer may require any person subject to these Regulations

to disclose documentation or information to him/her that is relevant to the

general aims of the investigation. Any person subject to these Regulations

agrees to assist the Disciplinary Officer by disclosing relevant documentation

or information when requested. The Disciplinary Officer is entitled, where

appropriate, to draw adverse inferences from any failure by a person subject

to these Regulations to disclose documentation or information when

requested.

11.4 A request for documentation or information under Regulation 11 will be made

by way of a formal notice by the Disciplinary Officer, in writing, and served on

the relevant person by post, email, fax or by hand.

11.5 A request for documentation or information made under Regulation 11.4 must

be responded to within 14 days of the notice being served on the relevant

person, however, the Disciplinary Officer has the discretion to extend this

period. Any request to extend the 14 day period for disclosure must be made

in writing to the Disciplinary Officer and must be received by the Disciplinary

Officer within the original 14 day period.

11.6 When all relevant documentation and further information has been gathered

the Disciplinary Officer will decide whether:

11.6.1 There is no case to answer; or

11.6.2 A Hearing should be convened; or

11.6.3 It is likely that civil or criminal proceedings will arise from the case and that a

postponement is appropriate until the conclusion of the likely civil or criminal

proceedings (see 8.2)

11.7 If the decision is taken that there is no case to answer all relevant parties will

be notified as soon as practicably possible. There is no right of appeal to such

a decision but a case may be re-examined if further evidence is later

forthcoming.

12. Notice of Hearing

12.1 If, following the investigation, the decision of the Disciplinary Officer is a

decision under 11.6.2, the Disciplinary Officer will complete and forward a

notification of hearing that will include the specific allegation(s) together with

BADMINTON England Disciplinary Regulations Page 8 of 16

a copy of the complaint or allegation to the person(s) named therein notifying

the date, time and place appointed for the hearing.

12.2 The person about whom the complaint has been made will be asked in the

notification of hearing whether they plead guilty to the allegation(s) specified

and whether, if they have entered a guilty plea to the allegations specified,

they wish the matter to be dealt with in their absence. This procedure is

known as a “postal plea”. In determining any sanction, the Disciplinary Panel

is entitled to take into account the fact that the person admitted the offence.

12.3 If, having been served with a notification of hearing which indicates a postal

plea would be acceptable, the person about whom the complaint has been

made wishes to avail themselves of the right to plead guilty via postal plea,

he/she should notify the Disciplinary Officer of his/her postal plea, in writing

within 7 days of the date of the notification of hearing being received.

12.4 If Regulation 12.2 potentially applies but no postal plea is entered in

accordance with Regulation 12.3, the Disciplinary Officer shall proceed to a

Hearing.

12.5 In exceptional cases and where evidence is provided by the person about

whom the complaint has been made demonstrates that it was not reasonably

practical to enter a postal plea within 7 days, the Disciplinary Officer shall

consider acceptance of a postal plea received outside the 7 day time limit in

Regulation 12.3. The Disciplinary Officer has sole discretion as to whether to

accept a postal plea made outside the 7 day limit in Regulation 12.3.

12.6 The Disciplinary Officer reserves the right to indicate in the notice of hearing

that a postal plea will not be acceptable. In such cases, where the

Disciplinary Officer considers the circumstances of the case and/or the

person’s record of previous offences require the procuring of a hearing, the

person about whom the complaint has been made shall be summoned to

appear. If the person pleads guilty at such a hearing this shall be taken into

account by the Disciplinary Panel in determining the appropriate sanction.

12.7 The notice of hearing shall advise the person about whom the complaint has

been made that they should have available any evidence they wish to call and

that they are entitled to be accompanied at any hearing. The companion must

not be anyone who may prejudice the case or have a conflict of interests. The

individual or organisation charged, appearing before the Disciplinary Panel

shall have the right to be represented by a legal or other representative of

their choice at their own expense.

12.6 The notice of hearing shall be accompanied by a copy of all relevant papers in

the possession of the Disciplinary Officer at that stage, subject to issues of

confidentiality to be decided by Chair of the Disciplinary Panel.

12.6 The hearing should take place within 20 working days of the decision that as a

result of the investigation the complaint contained a prima facie case to

answer.

BADMINTON England Disciplinary Regulations Page 9 of 16

12.7 It shall be the duty of the person facing the complaint to notify and arrange

the attendance of any witness they may wish to call.

12.8. BADMINTON England reserves the right to commence disciplinary

proceedings under this procedure and then transfer proceedings to another

procedure, when appropriate. The person about whom the complaint has

been made will be notified in writing about any change to the procedures

under which his or her case will proceed.

13. Disciplinary Panel

13.1 The Disciplinary Officer shall appoint the panel set out at 13 & 16.

13.2 Each Panel shall have at least one member who is not, and who has never

been an employee, contractor or director of BADMINTON England, and who

has relevant knowledge and experience (the “independent panel member”).

13.3 The remaining members of the Panel, if employees, contractors or directors of

BADMINTON England, shall be known as the "BADMINTON England panel

members".

13.4 A suitable Chair from the Panel will be selected by the Disciplinary Officer.

14. Procedure during a hearing

14.1 If, before a hearing, it becomes apparent to the Chair of the Panel that the

case will involve specialist evidence, or has elements which are unusual or

difficult, the Chair may, with or without a preliminary hearing, issue an order

for directions setting out a timetable for the exchange of information and

evidence, witness statements and/or skeleton arguments in order that the

hearing of the case itself may be properly and fairly conducted. If appropriate

a Chair may make such an order during a hearing prior to granting an

adjournment.

14.2 A person about whom the complaint has been made is entitled to be

represented by one person of his choice, but not by more than one person

unless the Chair agrees that the presence of an interpreter is beneficial

14.3 The Chair will explain the procedure before the hearing commences:

14.3.1 The details of the conduct alleged or the complaint will be explained.

14.3.2. The person appearing before the Disciplinary Panel shall be asked whether

the allegations being the subject of the enquiry or hearing (‘the allegations")

are admitted.

14.3.3. If the allegations are not admitted the Disciplinary Panel will hear the

evidence in the following sequence:-

BADMINTON England Disciplinary Regulations Page 10 of 16

14.3.4. The person/s making the complaint will be invited to present the case and

call any witness or evidence to establish the complaint.

14.3.5 The person against whom the complaint has been made will be entitled to

give and to call evidence in rebuttal.

14.3.6 Before being called, witnesses should be asked to retire whilst evidence is

being given, but may remain in the room when their evidence is concluded, if

they so wish.

14.3.7 Upon the conclusion of their evidence, questions may be put to each witness,

through the Chair, at the request of either party or by any member of the

Disciplinary Panel.

14.3.8 In all cases the person answering the allegations shall have the right of the

last word.

14.3.9 The Chair will then invite all persons other than the members of the

Disciplinary Panel to retire whilst the Panel considers its decision.

14.3.10. The Chair will decide if the person’s previous disciplinary record is relevant

to this disciplinary hearing and if so will bring to the hearing any such

evidence which may be available.

14.3.11. If the allegations are admitted or proved to the satisfaction of the

Disciplinary Panel then:-

14.3.12. The person facing the allegations may call evidence as to character and

address the Disciplinary Panel in mitigation. No other person may address the

Panel as of right but the Disciplinary Panel may seek such further information,

as it requires from any party.

14.3.13 The Chair will again invite all persons other than the members of the

Disciplinary Panel to retire whilst the Panel considers the penalty to be

imposed under the provisions of section 17 of these Regulations.

14.4 The absence of the individual or organisation at panel

14.4.1If, at the panel hearing, the individual or organisation appealing is not present

or represented, the Disciplinary Panel may proceed to consider the matter in

their absence if it is satisfied that all reasonable steps have been taken to give

notice of the hearing to the individual or organisation concerned.

14.5 Evidence

14.5.1 It must always be borne in mind that a Disciplinary Panel is not a court of law

and those appearing before it will not as a rule be trained advocates and must

BADMINTON England Disciplinary Regulations Page 11 of 16

therefore, in the interests of achieving a just and fair result, be given every

assistance and latitude in presenting their submissions. The Disciplinary

Panel must at all times observe the rules of natural justice.

14.5.2 The standard of proof is the balance of probabilities and not, as in a criminal

court, beyond all reasonable doubt. The balance of probabilities means that,

having heard all the evidence and using their knowledge and experience, the

Disciplinary Panel believes that it is more likely than not that the offence is

proved.

15. Notification of decision

15.1 The Disciplinary Panel having decided on the disciplinary order / appropriate

sanctions shall communicate its decision to the individual or organisation

charged either at the time of the hearing or as soon as reasonably practicable

thereafter. In all cases the Disciplinary Panel shall produce a summary of

written reasons for its decision. This shall be conveyed to the individual or

organisation charged (and, where deemed appropriate by BADMINTON

England, to the complainant) as soon as possible, and in all events within 10

working days of the date of notification of the decision.

15.2 BADMINTON England shall otherwise record the matter in accordance with

18 below.

16. Appeals

16.1 Right of Appeal

16.1.1 An individual or organisation may submit a Notice of Appeal against a finding

of guilt and/or a disciplinary order by the Disciplinary Panel on the following

grounds:

16.1.2 that the Disciplinary Panel misdirected itself in its conduct of the matter; or

16.1.3 that the Disciplinary Panel’s finding was based on error of fact; or

16.1.4 that the Disciplinary Panel exercised its discretion wrongly in reaching its

decision.

16.2 BADMINTON England has a full right of appeal in the same terms as the

individual or organisation.

16.2 Notice of Appeal

16.2.1 The individual or organisation submitting a Notice of Appeal shall be known

as the “Appellant”, and shall have 10 working days from the date of

notification of the Disciplinary Panel’s decision to submit the Notice of Appeal

to BADMINTON England. The other party shall be known as the

"Respondent".

BADMINTON England Disciplinary Regulations Page 12 of 16

16.2.2 The Notice of Appeal must contain a written statement of the grounds upon

which the appeal is brought and the supporting facts and matters including,

where applicable, any new evidence upon which the Appellant intends to rely

with an explanation of why it was previously unavailable.

16.3 Disciplinary Appeals Panel

16.3.1 Where an appeal is received under 16 above, a Disciplinary Appeal Panel

comprising 3 members shall be appointed by the BADMINTON England

Disciplinary Officer as follows:

16.3.1.1 an independent person who will take the role of Chair; and

16.3.1.2 two BADMINTON England panel members

16.3.1.3 For the purposes of 16.3.1.1 above, “independent” means an independent

person as defined at 13.2 above, and also excluding any person who is a

member of BADMINTON England or a player, coach, umpire, referee or other

official within badminton.

16.3.1.4 No Disciplinary Panel member may sit on an Appeal Panel where he/she

has had any prior involvement with the case or matter, or has any material

financial or other relevant interest in the outcome of the proceedings.

16.3.1.5 Decisions may be made by a majority of the members of the Appeal Panel.

16.3.1.6 The function of the Appeal Panel is to consider and decide upon

appeals submitted to it and, where appropriate, to make disciplinary orders,

as provided at regulations 17.

16.4 Powers of the Appeals Panel

16.4.1 The Appeals Panel will consider all of the documents and evidence submitted

to the hearing before the Disciplinary Panel and, subject to any explanation

given pursuant to 16.2.2, shall receive fresh evidence and may, at its

discretion, re-hear any witness called before the Disciplinary Panel.

16.4.2 The Appeals Panel may uphold vary or set aside the decision of the

Disciplinary Panel and may substitute any other finding or order (on such

terms and conditions if any) as it considers appropriate in accordance with

regulation 17 below.

16.5 Notification of hearing and exchange of information

16.5.1 Following the formation of a Disciplinary Appeals Panel, the Appellant and

Respondent shall be given at least 20 working days’ written notice of the date,

time and place of the appeal hearing.

BADMINTON England Disciplinary Regulations Page 13 of 16

16.5.2 At least 15 working days prior to the date of the hearing, both the Appellant

and Respondent must: if they intend to rely on fresh evidence, or to seek the

agreement of the Disciplinary Appeals Panel to the re-hearing of any witness

called before the Disciplinary Panel, submit:

16.5.2.1 any such fresh evidence that they wish to rely upon; and

16.5.2.2 the names and addresses of any witnesses whom they wish to call in

person.

16.5.3 Neither party shall without the consent of the other or the permission of the

Disciplinary Appeals Panel rely on any fresh evidence or call any witness

other than those provided or identified under paragraphs 16.5.2 above.

16.6 Presenting, or responding to, the appeal Representation

16.6.1 The individual or organisation appealing or responding to an appeal, shall

have the right to be represented before the Disciplinary Appeals Panel by a

legal or other representative of their choice at their own expense.

16.6.2 If the individual concerned is under 18 years of age, the parents or guardian

shall also be entitled to be present and make such representations as they

think fit on the young person’s behalf.

16.7 Private hearing

16.7.1 All proceedings of the Disciplinary Appeals Panel shall take place in private.

The public and press shall have no right of access. The BADMINTON

England Disciplinary Appeal Panel shall not issue any press statement or

conduct any press conferences. All press/media announcements in relation to

any decision of the Disciplinary Appeal Panel shall be approved by the Chief

Executive of BADMINTON England.

16.8 Adjournment

16.8.1 The Disciplinary Appeal Panel may, on request or on its own volition, adjourn

the appeals hearing if it considers it appropriate.

16.9 The absence of the individual or organisation

16.9.1If, at the appeals hearing, the individual or organisation appealing is not

present or represented, the Disciplinary Appeals Panel may proceed to

consider the matter in their absence if it is satisfied that all reasonable steps

have been taken to give notice of the hearing to the individual or organisation

concerned.

16.10 The order of proceedings for the appeals hearing, unless the Chair

otherwise directs, shall be as follows:

16.10.1 Submissions by the Appellant;

BADMINTON England Disciplinary Regulations Page 14 of 16

16.10.2 Hearing of any witnesses called by the Appellant, followed by cross

examination (subject to the proviso at 16.9 above);

16.10.3 Submissions by the Respondent;

16.10.4 Hearing of any witnesses called by the Respondent, followed by cross

examination(subject to the proviso at 16.9 above);

16.10.5 Closing submissions by the Appellant.

16.11 Decision of Appeal Panel

16.11.1 The decision of the Disciplinary Appeal Panel shall be notified to the

individual or organisation concerned as soon as practicable after the

conclusion of the hearing, and shall be otherwise published in accordance

with 18 below.

16.11.2 The decision by the Disciplinary Appeal Panel is final and shall be deemed

to be the final decision of BADMINTON England.

17. Appropriate sanctions

17.1 If the Disciplinary Panel or Disciplinary Appeal Panel finds a charge to have

been proved or admitted, it may make any one of, or a combination of, the

following disciplinary orders and on such terms and conditions as it considers

appropriate having regard to the nature and seriousness of the charge, the

individual’s character, the individual’s/organisation’s past record and any other

relevant circumstances

Individual Sanctions

17.1.1 A written warning.

17.1.2 A caution/reprimand as to future conduct.

17.1.3 An order to undertake specified training.

17.1.4 Temporary suspension or permanent removal from the register of coaches.

17.1.5 An order requiring an individual to be monitored or supervised in specific

matters.

17.1.6. Temporary or permanent suspension of the right to play in any matches and

to be entered in tournaments or taking part in the administration of Badminton.

17.1.7 Suspension for a specific period of time from involvement in badminton in

any capacity directly or indirectly under the jurisdiction of BADMINTON

England.

BADMINTON England Disciplinary Regulations Page 15 of 16

17.1.8 Permanent exclusion from involvement in badminton in any capacity directly

or indirectly under the jurisdiction of BADMINTON England.

17.1.9 Temporary suspension or termination of BADMINTON England membership

Sanctions for Organisations

17.1.10 A warning.

17.1.11 Temporary suspension or termination of BADMINTON England membership.

17.1.12 A deduction of league points, relegation or exclusion or disqualification from

any competition.

17.2 Where the Disciplinary Panel imposes any period of suspension, that period

shall run from the date of the decision, notwithstanding that any Notice of

Appeal is submitted.

17.3 In imposing or reviewing a suspension, the Disciplinary Panel or Appeal

Panel shall take into account the length of suspension (whether interim or

otherwise) served by the individual in deciding the appropriate period of any

further suspension.

17.4 In assessing appropriate sanctions refer to Appendix 5. Panel members may

also wish to consider previous similar cases and refer to or take advice from

the Disciplinary Officer in order that some consistency in the application of

sanctions can be drawn.

18. Reporting of decisions of Appeal Panel

18.1 BADMINTON England shall report interim suspensions (under 9 above) and

disciplinary decisions and orders made under these regulations, on a ‘need to

know’ basis, in such form and manner, and to such extent, as it deems

necessary for the purposes of enforcement of/compliance with such decisions

and orders.

18.2 For the avoidance of doubt, in addition to providing notice to the individual or

organisation concerned as provided for above in these regulations,

BADMINTON England will, at its discretion, report interim suspensions and

disciplinary decisions and orders to relevant senior officials of any club,

County Badminton Association or other organisation within the membership of

BADMINTON England through which the individual is known, or reasonably

believed to operate

18.3 BADMINTON England will also inform the complainant of an interim

suspension and/or disciplinary decision and order where it deems appropriate.

19. Enforcement of Disciplinary Orders

BADMINTON England Disciplinary Regulations Page 16 of 16

19.1 Members of BADMINTON England (those noted as under the jurisdiction of

BADMINTON England under 2.2 above) must take all steps necessary to

ensure compliance with any interim suspension (under 9 above) and any

disciplinary order made under these regulations.

19.2 If a Member of BADMINTON England (those noted as under the jurisdiction of

BADMINTON England under 2.2 above) fails to comply with its obligations

under 19.1 above, such conduct shall be grounds for disciplinary action

against the member under these regulations.

20. Exclusion of liability

20.1 BADMINTON England shall not be liable to any individual or organisation for

any loss arising out of action taken under these regulations.

21. Record Keeping

21.1 All records kept of proceedings under these procedures shall be kept by

BADMINTON England for a period of 6 years upon which they will be

destroyed.

22. Service of notices

22.1 Any notice or other documents required by these regulations to be given to an

individual or organisation who is the subject of an allegation or charge may be

delivered either personally or by post and be sent by recorded delivery.

2.2.2 Where any such notice or any document is served by post or recorded

delivery, it shall be sent to the last known address of the individual or

organisation concerned, and it shall be deemed that wherever that address

may be, to have been served on the second day following that on which it was

posted.

Appendices

Appendix 1 – flowchart of process

Appendix 2 – role description BE Disciplinary Officer

Appendix 3 – role description County Disciplinary Officer

Appendix 4 – types of disciplinary matters and jurisdiction

Appendix 5 – a note on the application of sanctions

 

DISCIPLINARY PROCEDURE OF HAMPSHIRE COUNTY BADMINTON ASSOCIATION LIMITED

This Disciplinary Procedure (hereinafter referred to as (the Procedure), which is based on that
adhered to by the Badminton Association of England (the Association), applies to:

  • all Badminton clubs which are members of or affiliated to the County Association (Clubs)
  • all coaches on the National Association's Register of Coaches contracted to the Clubs or to the County Association
  • all members of the Hampshire county playing squads
  • all other persons affiliated to the County Association or to the Association including members and individual members whether affiliated to the Association through the Oncourt/Courtside membership schemes or otherwise
  • all officials, whether voluntary or employed directly by the County Association or by the Clubs.

It will be applied in relation to all breaches of the Rules and Regulations of the Association and the regulations governing the playing of badminton (together the Regulations), the County Association and Club Rules and Regulations (the Rules) and the national Coaching department's Code of Conduct and Ethics (the Code)
Any complaint about a coach, player, official or other person received by the County Association will be dealt with in accordance with the Procedure.

1.1 The purpose of the Procedure is to ensure that the County Association behaves fairly towards all Clubs, registered coaches, county squad players, members and affiliated bodies, officials and other persons in investigating and dealing with alleged instances of unacceptable conduct or performance. Accordingly, the County Association reserves the right to depart from the precise requirements of the Procedure where it is expedient to do so and where the resulting treatment of the relevant person is no less fair and provided the result is consistent with the Association's objective of achieving harmonisation in dealing with disciplinary matters.
1.2 All cases of disciplinary action under the Procedure will be recorded and placed in the County Association's records. A copy of the County Association's records relevant to the alleged unacceptable conduct or performance will be supplied to the person or body being disciplined upon that person's request in writing.

2. Offences under the Procedure fall into 4 main categories namely:
(i) minor breaches of the Code and the Regulations;
(ii) serious breaches of the Code and the Regulations;
(iii) any breaches of the Rules; and
(iv) other disciplinary offences against any other rules and regulations of the County Association.

3. The disciplinary committee of the County Association (Disciplinary Sub-Committee) shall be appointed by the County Association�s Committee (Committee) and shall consist of three members of the Committee together with the President or the Chairman of the Committee or such other person as he may at his absolute discretion appoint as his alternate. Copies of all complaints against each person to whom the Procedure applies and who is subject to investigation as referred to below will, in each case, be made available to the Disciplinary Sub-Committee which shall follow the procedure set out below in determining how the matter should be dealt with and if it really needs to be dealt with.

4. Complaints must be made in writing to the County Association�s Honorary Secretary (or a member of the Committee where the complaint is about the Honorary Secretary). Where a complaint is received by the County Association against a person to whom the Procedure applies, the following steps will be taken by the Disciplinary Sub-Committee, as appropriate:
4.1 The person complained about will be informed in writing of the substance of the complaint, but not the identity of the complainant, within seven days of receipt of such complaint by the County Association. He will be given an opportunity to respond in writing to the Disciplinary Sub-Committee and must, if he wishes to refute or deny the complaint, do so in writing within seven days of his receipt of notification of the complaint from the County Association.
4.2 The Disciplinary Sub-Committee, at its absolute discretion, applying the rules of natural justice and fairness, will decide whether further action needs to be taken hereunder, and if it so decides, will proceed as set out below. Very serious matters, for example those affecting other County Associations, impacting on the Association or the subject of criminal investigation or prosecution, may be referred to the Association, but otherwise all complaints shall be dealt with by the Disciplinary Sub-Committee. In the event that the County Association has concerns as to whether the matter is sufficiently serious for the Association to be involved, written referral shall be made to the Chief Executive of the Association for clarification and guidance. The Chief Executive of the Association's decision as to whether a complaint should be heard in the first instance by the County Association or the Association shall be final and binding.
4.3 Investigations: An investigation of the matter complained of will be undertaken by the Disciplinary Sub-Committee and, if appropriate, the Disciplinary Sub-Committee may by written notice suspend the person complained of for a specified period during which time such an investigation will be undertaken. The decision to suspend such person will be notified to him by the Disciplinary Sub-Committee and confirmed in writing.
4.4 Interim action: Following investigation of the matter complained of, the Disciplinary Sub-Committee shall be entitled to issue a written warning, impose a temporary suspension, impose a suspension pending investigation of the complaint or levy a fine in a sum not exceeding £50 without the need to hold a disciplinary hearing.
4.5 Disciplinary hearing: If the Disciplinary Sub-Committee decides to hold a disciplinary hearing, the person complained of will be given details of the complaint against him within seven days of any such disciplinary hearing. At any disciplinary hearing he will be given an opportunity to state his case and may also be accompanied by a friend or adviser. The Disciplinary Sub-Committee reserves the right to have its own adviser present at any hearing. No disciplinary penalty (other than those referred to in 4.4 above) will be imposed without a disciplinary hearing. In the event that any of the members of the Disciplinary Sub-Committee shall be the complainant, another member of the Committee shall replace him.
4.6 As set out in 4.2 above, and after consultation with the Chief Executive of the Association and subject to the consent of the Association, the Disciplinary Sub-Committee may only refer complaints about very serious misconduct to the disciplinary panel of the Association (Disciplinary Panel) for investigation and decision.

5. Appeals: Following any action taken under 4.3, 4.4, 4.5 or 4.6, the person complained of has a right of appeal against the decision of the Disciplinary Sub-Committee or, where appropriate, the Disciplinary Panel or the penalty imposed thereby to the Appeal Committee (as defined below). He should inform the Honorary Secretary of the County Association in writing of his wish to appeal and the reasons therefor within seven days of the date of his receipt of the notification of the Disciplinary Sub-Committee's decision or, where appropriate, that of the Disciplinary Panel.
5.1 The appellant's request for an appeal hearing must be accompanied by a deposit of £25 and payment of any fine levied by the Disciplinary Sub-Committee. These sums will be refunded in the event of the appellant's appeal being successful, but will be retained by the County Association in the event that the appellant is unsuccessful.
5.2 The decision as to whether to allow the appeal to proceed is in the absolute discretion of the Appeal Committee applying the rules of natural justice. The Appeal Committee shall only grant leave to appeal in circumstances where the Appellant can produce evidence which has not been produced before, through no fault of the Appellant, or on the grounds that the penalty imposed was too severe in all the circumstances of the matter.
5.3 The Appeal Committee will consist of three members of the County Association�s Committee and a Chairman from outside the County Association. Where any member of the Appeal Committee was involved in the complaint at an earlier stage, that person shall not sit on the Appeal Committee.
5.4 The Appeal Committee will conduct an appeal hearing as soon as possible after leave to appeal has been granted by it. At this hearing the Appellant will be given an opportunity to produce any evidence not already produced to the Disciplinary Sub-Committee and/or to challenge the severity of the penalty imposed by the Disciplinary Sub-Committee. He will be entitled to be accompanied by a friend or adviser and the Appeal Committee reserves the right to have its own adviser present at any hearing. The Appeal Committee reserves the right to increase any penalty imposed by the Disciplinary Sub-Committee.
5.5 Subject to 5.6 and 6.2below, the decision of the Appeal Committee will be notified to the appellant in writing within seven days and will be final and binding.
5.6 The appellant shall have the right of appeal from the decision of the Appeal Committee to the Disciplinary Panel in the event that the matter has not already gone before the Disciplinary Panel. In such cases, the Disciplinary Panel shall apply the procedure laid down in the Association�s own procedures and its decision in a matter shall be final and binding on both the complainant and the County Association.

6. Minor Breaches
6.1 The following offences are examples of minor breaches of the Code, the Rules and the Regulations:
  • Bad time-keeping
  • Inappropriate dress code on court
  • Smoking whilst coaching or playing
  • Failure to fulfil a coaching appointment
  • Minor damage to County Association or Club property
  • Failure to observe County Association or Club procedures
  • Misrepresentation of ability to coach and claiming higher level of Coaching qualifications than actually possessed
  • Deliberate failure to play to the best of his ability
  • Negative and unhelpful attitude at matches or practices
  • Failure to arrive at a tournament or match without notification or with notification but without proper reason
  • Late arrival on court without proper reason
These offences are not exclusive or exhaustive and offences of a similar nature will be dealt with under this Procedure.

6.2 In the event of a minor breach of the Code or the Rules and the Regulations the County Association reserves the right either to impose a fine or a temporary suspension upon an offender or give to an offender a written warning. The offender shall be entitled to appeal to the Appeal Committee under 5 above provided he complies with the provisions of that section. Provided such breach is not repeated nor any other minor breach complained of within one year, the matter will not be taken further although a note of such breach will be made in the County Association's records. If such breach is repeated or any other minor breach committed and is reported to the County Association, the County Association will deal with it as a serious breach and shall, if it considers it appropriate, instigate the investigative process and, if it does not receive a satisfactory explanation from the offender, may require him to attend a disciplinary hearing as provided for in 4.5 above.

7. Serious Breaches of the Code, the Rules and the Regulations
7.1 The following offences are examples of serious misconduct:
  • Abusive behaviour
  • Theft or unauthorised possession of any property or facilities belonging to the County Association or any other player or coach
  • Failure to play in a prearranged match for any reason other than verifiable illness, injury or other good cause
  • Serious damage to County Association property
  • Falsification of reports, accounts, expense claims or medical certificates
  • Intoxication by reason of drink during a match in which he is playing, during coaching or when travelling to a match
  • Possession of illegal drugs
  • The use of drugs prohibited by the International Badminton Federation under its doping regulations
  • Refusing to give a blood or urine sample when required for random testing for restricted drugs
  • Giving a non?negative drug test result
  • Abuse of the position of coach contrary to section 2.5 of the Code
  • Violent, dangerous or intimidatory conduct
  • Sexual, racial or other harassment of any player, coach or spectator
  • Failure to attend at any disciplinary hearing when required so to do
  • Any breach of the Regulations or Rules which the Disciplinary Sub-Committee considers to be of a serious nature
These offences are not exclusive or exhaustive and offences of a similar nature will be dealt with under this Procedure.

7.2 In the event of serious breaches of the Code or the Rules or Regulations which cannot be explained to the satisfaction of the County Association, an offender may be required to attend a disciplinary hearing as provided for in 4.5 above.

8 The sanctions that may be applied by the Disciplinary Sub-Committee if the complaint(s) against the Appellant prove to be well-founded and are upheld include the following:

Minor Breaches of the Code and the Rules and the Regulations
Fines;
Temporary suspension of membership of the relevant club;
Temporary suspension from County squad and the benefits that attach thereto, including support for training and competition;
Temporary suspension of the right to play in any matches and to be entered in tournaments.
Serious Breaches of the Code and the Rules and the Regulations
Fines;
Temporary suspension of membership of the relevant club;
Temporary or permanent removal from County squad and the benefits that attach thereto including support for training and competition;
Temporary or permanent suspension of the right to play in any matches and to be entered in tournaments.

BADMINTON England Disciplinary Regulations

Appendix 1

Incident takes place

Complete incident report

form / written note of

complaint

Report incident to either the

County or BE Disciplinary Officer

(refer to appropriate route)

No case to answer

No further action

required

County Disciplinary Process

County Disciplinary Officer to

manage investigation and

disciplinary process

BE Disciplinary Process

BE Disciplinary Officer to

manage investigation and

disciplinary process

Are the police involved? If

YES, the BE process will be

initiated once criminal

investigations are concluded

BE Disciplinary Panel County Disciplinary Panel

Final outcome – relevant

parties informed Final outcome – BE informed

Appeal Appeal – conducted by BE

BADMINTON England Disciplinary Regulations

Appendix 2

BADMINTON ENGLAND DISCIPLINARY OFFICER

REPORTING TO: BADMINTON England Disciplinary Committee

Role Purpose

To act on behalf of BADMINTON England to instigate the Disciplinary Regulations in

cases directly reported to BADMINTON England or referred from the County

Disciplinary Officer where there is an alleged breach of the BADMINTON England or

County Codes of Ethics & Conduct, Rules and Regulations.

Main Duties

To assist BADMINTON England to uphold and fulfil the BADMINTON

England Disciplinary Regulations.

To be the first point of contact within BADMINTON England for any

disciplinary matters

To be the first point of contact with the County Disciplinary Officers for any

disciplinary matters.

To act as the first point of contact for coaches, volunteers, parents and

children/young people in badminton where disciplinary concerns have been

identified.

To receive complaints and assist BADMINTON England to implement the

Disciplinary Regulations under delegated powers at county level.

To liaise with the County Disciplinary Officer to determine which body should

deal with a complaint, and subject to normal data protection safeguards, to

freely exchange information between them.

To appoint a National Disciplinary Panel charged with the responsibility of

adjudicating on a specific matter as and when required, which is constituted in

a way as to ensure a fair and objective hearing.

To implement BADMINTON England’s reporting and recording procedures for

Disciplinary hearings.

To sit on the BADMINTON England Disciplinary Committee and make

recommendations for improvements in the disciplinary process, learning from

experience in Disciplinary Panels at all levels.

To ensure BADMINTON England acts fairly towards all registered coaches,

players, members and other persons in investigating and dealing with alleged

instances of unacceptable conduct or performance.

To promote and ensure confidentiality is maintained.

To have a commitment to, and promote equality and diversity.

Special Conditions

To keep up to date on all relevant legislation affecting the role and

BADMINTON England’s policies and practices.

BADMINTON England Disciplinary Regulations

Appendix 3

COUNTY DISCIPLINARY OFFICER

REPORTING TO: County Badminton Association Committee

Role Purpose

To act on behalf of the County Association to instigate the Disciplinary Regulations in

cases delegated from the BADMINTON England National Disciplinary Officer, where

there is an alleged breach of the BADMINTON England or County Codes of Ethics &

Conduct, Rules and Regulations.

Main Duties

To assist BADMINTON England to uphold and fulfil the BADMINTON

England Disciplinary Regulations.

To be the first point of contact with the BADMINTON England Disciplinary

Officer.

To act as the first point of contact for coaches, volunteers, parents and

children/young people in badminton where Disciplinary concerns have been

identified in the County.

To receive complaints and assist BADMINTON England to implement the

Disciplinary Regulations under delegated powers at county level.

To liaise with the BADMINTON England Disciplinary Officer as necessary to

determine which body should deal with a complaint where there is

uncertainty, and subject to normal data protection safeguards, to freely

exchange information between them.

To appoint a County Disciplinary Panel charged with the responsibility of

adjudicating on Disciplinary matters in the County, which is constituted in a

way as to ensure a fair and objective hearing.

To implement BADMINTON England’s reporting and recording procedures for

Disciplinary hearings.

Ideally, to sit on the County Badminton Association (CBA) committee and

attend CBA meetings where necessary.

To ensure the County Badminton Association acts fairly towards all registered

coaches, county squad players, members of the County Badminton

Association and other persons in investigating and dealing with alleged

instances of unacceptable conduct or performance.

To promote and ensure confidentiality is maintained.

To have a commitment to, and promote equality and diversity.

BADMINTON England Disciplinary Regulations

Appendix 4

Types of Disciplinary Matter and Jurisdiction

Complaints and concerns in the following areas must be reported at a national

level to the BADMINTON England Disciplinary Officer:

Doping issues - will be dealt with via the Anti-Doping regulations of

BADMINTON England.

Betting and Gaming issues – for example unusual betting activity or players

betting on the outcome of matches in which they are involved.

Racist or homophobic incidents – any incidents that may fall into a breach of

the Equality Act’s nine protected characteristics*. In certain circumstances

these may be referred back to a local level but they must be reported at a

national level in the first instance.

Safeguarding issues where statutory authorities are involved – these will be

dealt with via the BADMINTON England Child Protection Disciplinary

Procedures

Types of Disciplinary Matters that may be dealt with at a county level:

General disciplinary matters - for example offensive language or behaviour

On court issues or matters relating to repeat offences on court

General breaches of the BE Codes of Conduct unless they relate to the

Equality Act Protected Characteristics*.

It is recognised that it is not always easy to decide under which level a matter may be

most suitable for, therefore matters can be discussed in confidence with the

BADMINTON England Disciplinary Officer.

* The protected characteristics in the Equality Act 2010 are: age, sexual orientation,

gender, race, gender reassignment, religion and belief, disability, marriage and civil

partnership, pregnancy and maternity.

BADMINTON England Disciplinary Regulations

Appendix 5

The Application of Sanctions

Disciplinary Committees may make an order of sanctions as noted in Paragraph 17

of the Disciplinary Regulations.

The following table may be used to decide an appropriate level of sanction to apply:

Level of offence Non exhaustive examples of

types of behaviour

Possible sanctions

1 Lower level breach of BE Code of

Conduct, for example:

Use of social media / emails

/ forums to cause offence to

player / official / other

person involved in

badminton.

Misrepresentation of

coaching or other

qualification

Written warning

2 Mid level breach of Code of

Conduct, for example:

Harassment of an official /

player: comments, gestures

Repeat of a Level 1 breach

Written warning

An order to

undertake

specified training

Temporary

suspension from

register of coaches

3 High level breach of Code of

Conduct, for example:

Dangerous or discriminatory

behaviour or serious threat

of physical assault /

intimidation on person

involved in badminton

Repeat of a Level 2 breach

Written warning

Caution/ reprimand

to future conduct

An order to

undertake

specified training

Temporary

suspension or

permanent removal

from register of

coaches

Temporary or

permanent

suspension of the

right to play in

certain matches /

events

Temporary or

permanent

suspension of the

right to play an

administrative role

in badminton

Temporary or

permanent

suspension or

exclusion from

involvement in

badminton in any

capacity

Temporary

suspension or

permanent

termination of

BADMINTON

England

membership

In assessing an appropriate sanction, the following should also be considered:

Aggravating circumstances – may add to the severity of the sanction applied

Discriminatory behaviour – ie. behaviour relating to any of the Nine Protected

Characteristics of the Equality Act *

Lack of remorse for actions

Lack of accepting responsibility for actions

Similar incident has happened before

Under the influence of alcohol or other substance

Mitigating circumstances – may need to be considered in reducing the severity

of the penalty

Genuine remorse for actions and offer to apologise / make amends

A one off event / previous good character

Personal circumstances which may in some way explain a stressful or

unusual situation

The following should also be considered:

The age of the person aggravating – and who they may have offended

against, ie an adult verbally abusing a young person (Under 18) may be

considered more serious than an altercation between 2 adults.

The message disciplinary action will give to others who may be aware of or

considering similar dissent or other action. Sanctions should not be seen

simplyas a way of making an example of someone but rather more about

establishing standards of good conduct within the game of badminton .

Refer to the BADMINTON England Codes of Conduct to establish what

positive behaviour and conduct is and use these to set standards in your club

and County Badminton Association.

Consider the use of training and awareness in order to set and establish

positive behaviours at all levels of the game.

* The protected characteristics in the Equality Act 2010 are: age, sexual

orientation, gender, race, gender reassignment, religion and belief, disability,

marriage and civil partnership, pregnancy and maternity.