COMPLAINTS POLICY

This policy sets out the process by which the Everton Football Club (EFC) Fan Advisory Board (FAB) should investigate complaints or charges that a member may, directly or indirectly, have breached the terms of the Code of Conduct that the FAB has signed.

A potential policy breach may come to light through a number of sources including, but not limited to:
(a) An issue arising during the course of a meeting that cannot be resolved by immediate intervention of the Meeting Chair to the satisfaction of all parties;
(b) A complaint from an individual (who may or may not be a member of the FAB);
(c) A complaint made via EFC; or
(d) An anonymous whistle blower.

Reported breaches should be addressed through the escalating stages detailed below until resolved in accordance with this policy.

Informal consideration of evidence, and discussion, with directly affected persons, by the FAB secretary (unless they are the subject of the action, in which case a FAB member shall be appointed by majority vote of the FAB). At this stage, the matter can be resolved by:
(a) Determining that there is no case to answer; or
(b) Amicable resolution to the satisfaction of all parties.

If Stage 1 is unsuccessful, a Disciplinary Committee will be convened to determine the facts of the matter and take such measures that the committee sees fit.
If a Disciplinary Committee is constituted, a majority of the FAB may rule that the member(s) concerned be suspended from FAB membership. The suspended member(s) shall not be entitled to vote, nor attend meetings for the duration of the suspension. If the suspended member(s) are from an organisation with a reserved FAB position, the organisation’s vice-representative may attend future meetings and vote during the period of suspension.
The Disciplinary Committee will consist of the current Chair and Vice-Chair, unless one or both of them is the subject of the disciplinary action, in which case another member of the FAB will be selected by majority vote of the FAB as Chair of the Disciplinary Committee. The Chair of the Disciplinary Committee shall have a casting vote if necessary.
Additionally, up to two, but no less than one other FAB member (who are not subject of the disciplinary action) shall sit on the Disciplinary Committee; co-opted FAB members may not serve on a Disciplinary Committee.
All members of the Disciplinary Committee shall treat its proceedings as confidential, unless the subjects of the hearing waive that right directly, or violate the confidentiality through making public comment about its proceedings.
The Disciplinary Committee shall meet as soon as is practicable after it is constituted and shall invite the member(s) concerned to attend or submit their version of events and/or mitigating circumstances.
The Disciplinary Committee shall act honestly and equitably in assessing the facts of the disciplinary case before it.
If the member(s) concerned fails to either attend or submit their version of events and/or mitigating circumstances as envisaged above, the Disciplinary Committee can proceed and make such inferences as it sees fit from such non-attendance or non-submission.
If the case is upheld the Disciplinary Committee will determine an appropriate sanction to be applied as detailed below in clause 7.1.
The Disciplinary Committee shall formally notify all parties and the FAB of their conclusions alongside any sanctions to be imposed in writing.
There is no appeal or challenge process following the decision of the Disciplinary Committee, notwithstanding the right of any member to seek redress through the formal external judicial process.

At all times during the investigation the following rules and protocols will apply:
(a) All relevant documents and materials should be made available in advance to all parties.
(b) Cases may be conducted through written exchange of communication, but the respondent has the right to request face to face proceedings (including through remote audio or visual channels).
(c) Either party may present the evidence of witnesses to material facts of the case.
(d) Confidentiality should be maintained until final resolution. At the conclusion of proceedings, the panel will attempt to agree a joint statement if appropriate.
(e) No person with a direct connection to the accused or who is connected to material facts of the case can participate as part of a Disciplinary Committee.
(f) Any person who is involved with the initial informal consideration may not be involved in the Disciplinary Panel.
(g) The accused may request a person to attend proceedings alongside them as an observer.

Where a case is proven, sanctions should be applied that reflect the seriousness of the breach and any previous proven breaches of the relevant code by the accused person. Sanctions may include, but are not limited to one of more of the following:
(a) No action necessary;
(b) Mutually agreed resolution such as an acknowledgement or apology;
(c) Written warning/reprimand;
(d) Agreed corrective action by the accused member(s);
(e) Suspension from elected position on the FAB for a defined period;
(f) Termination of elected position on the FAB;
(g) Suspension of FAB membership for a defined period; or
(h) Expulsion from the FAB.
No member expelled from membership as a result of disciplinary action shall be re-admitted except by majority ruling of the FAB.

Complaints Policy

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