Gloucester All Blues RFC (GABRFC) aims to provide an easy to use, confidential and trustworthy procedure for Complaints based on the principles of Natural Justice. Any person may report a Complaint (Complainant) about a person/s or organisation bound by this Policy if they reasonably believe that a person/s or a sporting organisation has breached this Policy.

The lowest level at which a matter can be dealt with shall always be preferred. Therefore, if a complaint relates to behaviour or an incident that occurred at the:
• GRFU league level or involves people operating at the league level, then the complaint should be reported to and handled by the relevant state association in the first instance; or
• Club level or involves people operating at the club level, then the complaint should be reported to and handled by the club in the first instance.

- Only matters that relate to or occur at the national level and the most serious cases from state and club level should be referred to the RFU.

- A Complaint may be reported as an informal or formal Complaint. The Complainant decides whether the Complaint will be dealt with informally or formally unless the GABRFC management board considers that the Complaint falls outside the parameters of this Policy and would be better dealt with another way.

- All Complaints will be dealt with promptly, seriously, sensitively and confidentially. The complaint procedures, including to whom the Complaint should be reported, are outlined in section C of this Policy.

Vexatious Complaints and Victimisation
- GABRFC aims to ensure the complaints procedure has integrity and is free of unfair repercussions or Victimisation. If at any point in the complaint process the GABRFC considers that a Complainant has knowingly made an untrue Complaint or the Complaint is vexatious or malicious, the matter may be referred to the GABRFC Disciplinary Committee for appropriate action which may include disciplinary action against the Complainant.

- The GABRFC Management Board will also take all necessary steps to make sure that people involved in a Complaint are not victimised by anyone for coming forward with a Complaint or for helping to sort it out.

- Disciplinary measures will be imposed on anyone who victimises another person for making a Complaint.

Mediation
- The GABRFC aims to sort out Complaints with the minimum of fuss wherever possible. In many cases, Complaints can be sorted out by agreement between the people involved with no need for disciplinary action. The people involved in a formal Complaint - the Complainant and the person complained about (Respondent) - may also seek the assistance of a neutral third person or a Mediator, usually in the forms of the players' representative.

- If a Complainant wishes to try and resolve the Complaint with the assistance of a Mediator, the GABRFC Board will, in consultation with the Complainant, arrange for a Mediator to mediate the Complaint. More information on the mediation process is outlined in attachment C of this Policy.

Disciplinary Committees
- A Disciplinary Committee may be formed to hear a formal Complaint that has been referred by the GABRFC Board for an alleged breach of the Policy. The Conduct Committee hearings procedure is outlined in attachment C of this Policy.

- A Complainant or Respondent may lodge an appeal where a decision was made by the GABRFC Board or the relevant GABRFC Disciplinary Committee not to take any action or to take disciplinary action. The grounds for appeal and appeals process are outlined in attachment C of this Policy.

GABRFC is bound by this Policy will recognise and enforce any decision made, and form of discipline imposed, by a Disciplinary Committee under this Policy.

What is a Breach of this Policy
It is a breach of this Policy for any person or section of GABRFC to which this Policy applies, to have been found to have:
• Done anything contrary to this Policy;
• Failed to follow RFU policies and procedures for the protection, safety and welfare of children;
• Appointed or continued to appoint a person to a role that involves working with children and Young People contrary to this Policy;
• Discriminated against or harassed any person;
• Victimised another person for reporting a Complaint;
• Engaged in a sexually inappropriate relationship with a person that the person supervises, or has influence, authority or power over;
• Verbally or physically assaulted another person, intimidated another person or created a hostile environment within the sport;
• Made a Complaint they knew to be untrue, vexatious, malicious or improper;
• Failed to comply with a penalty imposed after a finding that the individual or organisation has breached this Policy; or
• Failed to comply with a direction given to the individual or organisation during the discipline process in relation to an alleged breach of this Policy.

Forms of Discipline
If an individual or section of GABRFC which this Policy applies breaches this Policy, one or more forms of discipline may be imposed. These may include making a verbal or written apology, paying a fine, being suspended or de-registered or having a person’s appointment or employment terminated. More information on the range of disciplinary measures and the factors that will be considered before imposing discipline is at attachment C of this Policy.

Any disciplinary measure imposed under this Policy must:
• Be applied consistent with any contractual and employment rules and requirements;
• Be fair and reasonable;
• Be based on evidence and information presented and the seriousness of the breach; and
• Be determined in accordance the RFU constitution, by laws and/or this Policy.

ATTACHMENT C: COMPLAINTS PROCEDURE

- A Complaint can be about an act, behaviour, omission, situation or decision that someone thinks is unfair, unjustified, unlawful and/or a breach of this Policy. Complaints will always vary. They may be about individual or group behaviour; they may be extremely serious or relatively minor; they may be about a single incident or a series of incidents; and the person about who the allegation is made may admit to the allegations or emphatically deny them.

- Given all of the variables that can arise, the RF provides a step-by-step complaint procedure that people may use/enter at any stage. Individuals and organisations to which this Policy applies may also pursue their Complaint externally under anti-discrimination, child-protection or other relevant legislation.

- All Complaints will be kept confidential and will not be disclosed to another person without the Complainant’s consent except if law requires disclosure or if disclosure is necessary to effectively deal with the Complaint.

- If the Complainant wishes to remain anonymous, the GABRFC Management Board can’t assist the Complainant to resolve the Complaint. Rugby Bodies have to follow the principles of Natural Justice and be fair to both sides. This means that the GABRFC Management Board or the Complainant may be required to provide the Respondent with full details of the Complaint so they have a fair chance to respond to all the allegations.

- Initially, Complaints shall be handled by the GABRFC Management Board.

Step 1 – Person to person
The Complainant should try to resolve the problem with the person or people involved if the Complainant feels able to do so.
Step 2 – Talking with GABRFC Players' Representative.
If the first step was not practicable, or did not achieve resolution of the problem, or the Complainant would like to talk confidentially about the problem with someone and get some more information about what they can do, the Complainant should talk with their Player's Represenative.

The Players' Representative will;
• take notes about the Complaint (which the Rep will keep in a secure and confidential place);
• try to sort out the facts of the problem;
• ask what outcome/how the Complainant wants the problem resolved and if the Complainant needs support;
• provide possible options for the Complainant to resolve the problem;
• explain how the complaints procedure works;
• act as a support person if the Complainant so wishes;
• refer the Complainant to an appropriate person(s) to help the Complainant resolve the problem, if necessary;
• inform the relevant authorities and/or police if required by law to do so; and maintain strict confidentiality.

Step 3 – Complainant’s options
After talking with the Rep, the Complainant may decide:
• there is no problem or the problem is minor and the Complainant does not wish to take the matter forward;
• to try and work out their own resolution (with or without a support person such as a Players' Rep.
• to seek an informal mediated resolution with the help of a third person (such as a Mediator or a manager);
• make a formal Complaint in writing to the GABRFC Management Board detailing the particulars of the Complaint; or
• approach a relevant external agency such as an equal opportunity commission, for advice.

Step 4 – Formal Complaint
- If the Complainant decides to make a formal Complaint in writing under Step 3, the GABRFC Board will, on receiving the formal Complaint and based on the material the Complainant has provided, decide whether they are the appropriate entity to receive and handle the Complaint. If they are not, they will promptly refer the Complaint to the appropriate Rugby Body and advise the Complainant who the Complaint has been referred to.
Wherever possible, Complaints should be handled by the Complainant’s Rugby Board (being that Rugby Board whom the Complainant usually plays for, is a member of or is otherwise connected to). If that Rugby Board is unable to deal with the Complaint, it should refer the matter to the Rugby Body of which it is a member.
The appropriate Rugby Board will, to the extent that these steps are necessary:
• obtain full information from the Complainant about the Complaint and how the Complainant wants it resolved (if this information has not already been obtained through earlier steps);
• put the information they’ve received from the Complainant to the person/people complained about and ask them to provide their side of the story;
• decide whether they have enough information to determine whether the matter alleged in the Complaint did or didn’t happen;
• determine what, if any, further action to take - this action may include:
(i) referring the Complaint to a mediation session (the mediation session will be conducted in accordance with Attachment C2 or as otherwise agreed by the Complainant and the Respondent);
(ii) referring the Complaint to a Disciplinary Committee (the hearing will be conducted in accordance with GABRFC Disciplinary Policy; or
(iii) referring the Complaint to the police or other appropriate authority (the GABRFC Rugby Board will use its best endeavours to provide all reasonable assistance lawfully required by the police or other appropriate authority); and
• decide whether to implement any interim administrative or other arrangements that will apply until the complaint process set out in these Procedures is completed (the GABRFC Board periodically review these arrangements to ensure that they are effective).
In making the decision(s) outlined above, the GABRFC Board will take into account:
• whether the person handling the Complaint has had any personal involvement in the circumstances giving rise to the Complaint and, if so, whether their ability to impartially manage the Complaint is compromised or may appear to be compromised;
• whether, due to the nature of the Complaint, specific expertise or experience may be required to manage the Complaint;
the Complainant’s wishes, and the wishes of the Respondent, regarding the manner in which the Complaint should be handled;
• whether, due to the nature of the Complaint, the relationship between the Complainant and the Respondent and any other relevant factors, the Complaint should be referred (or should not be referred) to informal or formal mediation or to a Conduct Committee. Relevant factors may include an actual or perceived power imbalance between the Complainant and the Respondent, the nature of any ongoing working relationship between the Complainant and the Respondent, and the personal attributes of the Complainant and the Respondent (for example, if one party does not speak English fluently, some of the possible complaints resolution mechanisms may not be appropriate);
• the nature and sensitivity of any information or other material that must be provided by the Complainant, the Respondent, and any of the other people involved in the Complaint;
• whether the facts of the Complaint are in dispute; and
• the urgency of the Complaint, including the likelihood and the consequences (if the Complaint is ultimately proven) that the Complainant will be subject to further unacceptable behaviour while the complaint process set out in these Procedures is being conducted.
If a mediation session is conducted, and the Complainant and the Respondent(s) cannot reach a mutually acceptable mediated solution to the Complaint, the Complaint will be referred to the relevant GABRFC Board Disciplinary Committee.

Step 5 - Appeal
The Complainant or the Respondent(s) may be entitled to appeal where a decision was made by the GABRFC Board or the relevant GABRFC Disciplinary Committee not to take any action or to take disciplinary action.

If the internal complaints processes set out in this Policy do not achieve a satisfactory resolution/outcome for the Complainant, or if the Complainant believes it would be impossible to get an impartial resolution within the GABRFC Board, the Complainant may choose to approach an external agency such as an equal opportunity commission to assist with a resolution.

Step 6 – Documentation
The GABRFC Board will document the Complaint, the process followed and the outcome. This document will be stored in a confidential and secure place.