Code of Conduct

Introduction

At the moment the BGA does not have a Code of Conduct, or a formal set of disciplinary procedures which can be used in the event of a breach of such a Code. In particular we do not have the power to prevent people becoming members or to expel members unless they are in breach of the Constitution (clause 60). There are actions we can take, for example:

a) Suspending people from “Go Talk”

b) Deciding someone is not suitable to represent the UK at an International Event

but these are haphazard and of dubious validity.

Council therefore believes that we need a “Code of Conduct” to indicate the behaviour expected from both Officials and Members, and the power to impose sanctions on its members for a breach of this Code of Conduct. These sanctions will include expulsion for particularly egregious offences but it is desirable to have the power to impose lesser sanctions.

If the BGA’s members vote against conversion, the proposals can be re-written to replace references to BGA CLG with references to BGA, and by proposing appropriate changes to the BGA Constitution. However, they cannot be implemented in their present form and will be brought back to a future AGM.

Code of Conduct

Here is the proposed Code of Conduct: it borrows shamelessly from that of the English Chess Federation.

Dealing with Breaches of the Code of Conduct

The BGA CLG will set up a “Disputes Panel”, independent of the Board. This Panel will be elected from time to time by the AGM. When called upon, the Panel will identify three of their number to make up a “Disputes Committee”. The selection of the Committee will be based on individual expertise, and will avoid possible conflicts of interest.

The Company’s Articles include the following:-

28). Applications for Memberships

c) appropriate responses to an allegation that has been upheld which may include suspension or termination of a person's membership at any time

and

35. Annual General Meeting. The ...... annual general meeting shall be held for the following purposes:

d. to elect members to hold any other positions that have been established by the Board whose members are to be elected by the AGM such as a disputes panel

The wording of the Code of Conduct and the Discipline and Appeals Policy will be determined by the Board.

The procedure to be adopted In the event of an allegation that the Code of Conduct has been breached is given in the Appendix to the Code. In brief:

1) BGA Members elect a Disputes Panel at the AGM as required by the Articles. This will consist of a minimum of 6 Members who may be called upon to adjudicate on any complaint.

2) Any member of the BGA, or the Board, may submit a case to the Disputes Panel. Cases will normally involve a breach of the Code of Conduct. Complaints are, initially, to be made to the Company Secretary.

3) We retain the right to make an administration charge of £10, payable for any complaint raised; this fee shall be returnable if the complaint is upheld or if the complaint is found to have sufficient merit to be made even if not upheld. However, this fee will be waived unless we start to receive a significant number of vexatious complaints.

4) The Company Secretary will immediately refer the complaint to the Disputes Panel. They will ensure that a Member of the Panel accepts responsibility for progressing the case, after which the Company Secretary’s involvement ceases. The Disputes Panel will nominate a Disputes Committee, consisting of 3 Members selected from the Panel.

5) The Disputes Committee will undertake an appropriate investigation. This may include interviewing witnesses, seeking written statements and seeking external expert advice. They will then prepare a written Report on the case, summarising the evidence and stating whether or not they consider the case proved. If they consider the case is not proved, they will give their opinion on whether the complaint had sufficient merit for the return of the administration fee.

6) If the case is considered by the Disputes Committee to have been proven, their Report will go to the Disputes Panel, who will (by majority vote) impose an appropriate sanction, up to and including permanent expulsion. They will also decide if the Report is to remain confidential, or is to be pubished (perhaps with redactions).

Appeals

The decision of the Disputes Panel is final, although any person has the ultimate right to seek relief by bringing a motion to the Company’s AGM or EGM if they can obtain sufficient support.

Appendix: Procedures of The English Bridge Union

The English Bridge Union has a well-established methodology. They have a powerful “Laws and Ethics Committee” which has three principal functions:

• It is the final appeal body for appeals arising under the Laws of the game.
• It decides whether to refer complaints to the EBU Disciplinary Panel and if so acts as the “prosecuting authority” in these cases.
• It publishes regulations covering the agreements (“bidding conventions”) permitted in different classes of competition, and also various other directives which supplement the Laws of the game

Most relevant to Go is the Disciplinary Panel, which is made up of volunteer EBU Members who may be called upon to serve in an official capacity to administer the EBU’s Disciplinary Rules. Should a member of the EBU (whether an individual or a club) act in such a way that the Laws and Ethics Committee decides that an offence has been committed then three members of the Panel will be formed into a Disciplinary Committee.

This Committee will be asked to hear the case and decide whether or not the case is proved. Sometimes defendants admit the charge in which case the Committee will meet to decide on a sanction. If the charge is contested then a hearing will be arranged. The Committee has the power to call witnesses and to allow the defendant to present his case. If the charge is proved then the Committee can impose sanction, which may be:

• a reprimand or censure,
• a monetary fine of up to £500,
• suspension from a particular event for a specified period of time,
• suspension from the EBU for a specified period of time
• expulsion from the EBU.

In addition to appointing the Disciplinary Panel the EBU Board also appoints a Pro Bono Advisor. That person is a volunteer member of the EBU who will advise, free of charge, any EBU member charged with an offence on the procedures to be followed.

Results are published on the EBU Web-site (in November 2021 there were 32 members sanctioned for “unfair or dishonest play” since August 2020, mostly for cheating while playing on-line).

Last updated 26 April 2022