Conference Agenda Oct 2021 PRINT - Flipbook - Page 53
meeting.
6.10 The Committee will normally reach its decisions by
consensus through debating the evidence. However,
in the event of failure to arrive at consensus majority
voting shall apply. The Chair has a casting vote.
6.11 To reach a decision on the complaint, the Committee
needs to be persuaded on the balance of probabilities
whether the ground of the complaint is established.
If the Committee finds the ground of the complaint to
not be established it shall dismiss the complaint.
6.12 If the Committee finds the ground of the complaint
to be established it shall use the principle of
proportionality when determining whether and which
sanction should be imposed. The Committee must
consider whether behaviour could be reasonably
known to be the consequence of a disability, and
ensure that action from the Committee in such cases
must only be taken if it is a proportional means of
achieving a legitimate aim. Legal advice should be
sought in instances of uncertainty. Taking reasonable
account of all the circumstances, the Committee shall
impose one or more of the disciplinary measures
listed in paragraph 6.13.
A10 proposed change: Delete “Legal
advice should be sought in instances
of uncertainty” as it is now included
as the new 3.2, so it now reads: “If
the Committee finds the ground of the
complaint to be established it shall use
the principle of proportionality when
determining whether and which sanction
should be imposed. The Committee must
consider whether behaviour could be
reasonably known to be the consequence
of a disability, and ensure that action
from the Committee in such cases
must only be taken if it is a proportional
means of achieving a legitimate aim.
Taking reasonable account of all the
circumstances, the Committee shall
impose one or more of the disciplinary
measures listed in paragraph 6.13.”
6.13 The sanctions or disciplinary measures available to
the Committee are as follows:
•
•
•
•
censure
suspension for a fixed period
expulsion
excluding the respondent from participation in any
specified meeting/meetings or activity of GPEW for
a fixed period; (the scope of the exclusion may have
national, regional or local reach;)
•
imposition of conditions on the respondent’s
participation in GPEW for a fixed period, for
example an instruction not to approach a specified
complainant in meetings (if appropriate, a set of
conditions may be set out in a formal agreement);
•
removing the respondent from any elected position
in GPEW;
•
disqualification of the respondent from election or
co-option to any office in GPEW, for a fixed period;
•
deselection of the respondent from any candidacy
for public office;
•
disqualification of the respondent from seeking
GPEW nomination for election to any public office,
for a fixed period;
•
withdrawal of Green Party designation from
a respondent who holds public office (e.g. a
councillor), for a fixed period.
The Committee may, at its discretion, impose a sanction
which is suspended from immediate effect, to expire
after a fixed period. In the event of any further complaint
against the respondent being received within that period
and subsequently upheld, the Committee may impose the
suspended sanction in addition to any sanction awarded
for the further complaint. In circumstances where the
Committee does not consider it would be fair to impose
any disciplinary measure it may discharge the upheld
complaint with no sanction.
A10 proposed change: After “censure”,
insert:
• required to do a training in the subject”
• required to apologise”
Delete “suspension for a fixed period”
and replace with “exclusion from all
party activities for a fixed period” so that
it reads: “The sanctions or disciplinary
measures available to the Committee are
as follows:
• censure
• required to do training in the subject
• required to apologise
• exclusion from all party activities for a
fixed period
• expulsion
• excluding the respondent from
participation in any specified meeting/
meetings or activity of GPEW for a fixed
period; (the scope of the exclusion may
have national, regional or local reach;)
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