Grievance and Disciplinary Policies and Procedures

Penn Athletic Club Rowing Association Grievance and Disciplinary Policies and Procedures

APPLICABILITY OF THESE POLICIES AND PROCEDURES
Penn AC requires any member who feels he/she has a grievance to follow these policies and procedures (“Procedures”).

Retaliation of any kind against a member who files a complaint or otherwise participates in good faith in the process outlined in these Procedures is prohibited. Public discussion of grievances, in any format or forum outside the parameters of these Procedures, can result in misinformation, introduce uninvolved parties, make difficult situations more challenging and is, therefore, also prohibited.

FILING A COMPLAINT
A complaint may be filed with Penn AC Leadership under these grievance procedures by any member of Penn AC or its beneficiaries for an alleged violation of any provision of Penn AC’s rules, regulations, policies or procedures, or its Code of Conduct. If the Complainant is a minor, the complaint may be initiated by the minor’s parent or legal guardian.

GRIEVANCE PROCEDURE

STEP 1: SUBMIT A COMPLAINT
Complainants must first complete the Penn AC Grievance Form which requires the following information:

1. The Complainant’s full name and identifying membership information.
2. Identity, to the extent known to the Complainant, of all individuals who are allegedly responsible for the acts or omissions that are the subject of the complaint.
3. A concise statement of the nature of, and facts underlying, the complaint, the individual and/or organization believed to be responsible for the acts or omissions described in the complaint, any supporting documentation and the relief requested; and attach copies of any supporting documentation.
4. A statement attesting to the truth, completeness and accuracy of the statements made to the best of their knowledge.
5. The club’s Grievance Form shall be made available on its website.

A signed and dated copy of the complaint form must be submitted electronically to the following: (1) the Club’s President, (2) the Vice President, and (3) the Ombudsman. If the grievance concerns any or all three of these individuals, then the Complainant may omit those individuals. If the Complainant feels that the matter cannot be raised with any of these people, then the complaint may be submitted to any member of the Board of Stewards.

A complaint that is not submitted in accordance with these Procedures may be dismissed and the Complainant will be notified electronically of this decision. If dismissed for failure to comply with any of the above requirements, the Complainant may be offered the opportunity to re-file an amended complaint that resolves such deficiencies.

Any complaint must be submitted within five (5) days after the member knew, or reasonably should have known, of the occurrence underlying the complaint.

STEP 2: NOTIFY RESPONDING PARTY OF COMPLAINT AND OPPORTUNITY TO RESPOND

1. Within five (5) days after receipt of a complaint, the Responding Party will be advised of the complaint lodged against them and their right to respond in writing.
2. Adverse Parties will have five (5) days after the receipt of notice of the complaint to provide their written response back to club leadership.
3. Club leadership may, in situations where there have been allegations of severe misconduct, temporarily suspend the Responding Party from accessing the Club or impose temporary restrictions with whom the Responding Party may interact while the investigation and/or disciplinary procedure is conducted. Should any of these steps be required, the Responding Party will be notified of temporary suspension or restrictions at the time of their notification of the complaint.

STEP 3: INITIAL DETERMINATION

The Grievance Review Committee (“GRC”), comprised of the President, Vice President, and Ombudsman, shall review the initial Complaint, the Responding Party’s written response, and any witness statements in order to determine the best path forward for appropriate, timely, and equitable resolution.

The GRC may choose any of the following:

1. Informal Resolution: Upon full review, the GRC may determine that the complaint could be resolved informally to the satisfaction of the parties. The parties will be electronically notified of this option. This would involve a discussion among the Complainant, the Responding Party, and the GRC to resolve the issue. Should either party decline the informal resolution path, the issue will move forward on the formal resolution path.
2. Formal Resolution: If the GRC determines that additional investigation is warranted or that the issue cannot be informally resolved, the matter will move forward with a formal review of the complaint and a grievance meeting. The GRC’s investigation may include discussions with any of the involved parties and/or any witnesses of the event.

If any of the members of the GRC is one of the disputed parties (Complainant or Responding Party) or has a conflict of interest with either party, that member shall recuse themselves from the review and further process, and a member of the Board of Stewards shall participate in the review committee in their place.

STEP 4: GRIEVANCE MEETING

A grievance meeting will be arranged within five (5) days after receipt of Responding Party Response if an informal resolution has been unsuccessful, and the matter will be heard by a Grievance Meeting panel. The President will appoint three (3) disinterested members to serve on this panel: a Board member, an employee of the club, and the ombudsman.

The President shall determine the date and time of the grievance meeting and shall electronically notify the parties of the timing, format, and composition of the panel.

1. Any involved party may request one (1) individual of their choosing to be present at the meeting and must advise the President in advance of who they would like to attend with them.
2. The hearing may be conducted in person or by video conference. The decision of the President as to the place and time of the hearing is final.
3. The Rules of Evidence do not apply to proceedings before the Hearing Panel. Witnesses shall not be called to give testimony. Documentation shall not be offered, other than any documentation attached to the Complaint and/or any written response provided by the Responding Party.
4. At the conclusion of the hearing, the panel shall provide the involved parties with its resolution and determination of any disciplinary actions.
5. The panel’s written decision will be electronically submitted to the parties within three (3) days after the end of the hearing.
6. The Panel’s decision shall be final and binding on all parties.
7. All proceedings before the Panel are privileged and confidential.

STEP 5: FINAL RESOLUTION AND POTENTIAL DISCIPLINARY ACTION

The Panel may impose any of the following penalties in its decision:

1. Reprimand: A communication, either public or private, of the Club's disapproval of the Responding Party’s actions. A reprimand may be combined with probation or suspension.
2. Probation: A ruling that, for a specified time, the Responding Party’s continued use of the Club’s membership privileges is conditioned upon satisfaction of certain conditions. These conditions shall be described with specificity, as shall the consequences of failing to meet them.
3. Suspension: A ruling that, for a specified time, the Responding Party is forbidden from using and/or accessing the Club boathouse and equipment therein.
4. Removal from Membership: If the Panel determines that the Responding Party should be removed from the Club, they will present a motion to the Board of Stewards. The Board of Stewards will then vote to determine if the individual should be removed, consistent with the Penn AC Bylaws.
5. Other: The Hearing Panel may order such other relief as it deems appropriate (e.g. restitution including payment for damaged equipment) but may not impose monetary fines as part of its penalty.

Consistent with the Penn AC Bylaws, Gross Misconduct may result in expulsion from the club. Such misconduct includes, but is not limited to, the following:

STEP 6: APPEALS

1. If a grievance or a disciplinary matter has not been resolved to the satisfaction of either Complainant or Responding Party, they may appeal, in writing, to the President, stating their reasons, within one week of the date on which the Panel’s decision has been sent.
2. The President or the President’s nominee (who shall not have been involved in any previous meetings on the matter) will hold an appeal meeting, within two weeks of receiving the appeal. Just as with the initial hearing, all parties involved will have the right to bring one (1) individual with them to the meeting.
3. Neither party can request another meeting before a Grievance Review Committee.
4. The President’s, or the President’s nominee’s, final appeal determination shall be confirmed in writing, within one week of the appeal hearing. There is no further right of appeal.

SafeSport: Alleged violations of USRowing’s SafeSport Policy should be reported through the SafeSport Procedure.