Motion #17
Amend Standing Orders for Party Discipline to enhance understanding of discrimination, to make the system easier to use for both complainants and respondents, and to ensure appeals are more fair to participants. These amendments are as a result of consultation with liberation groups.
NB: The Committee refers to the Disciplinary Committee.
Amend 1.9 which currently reads: It is a requirement that the Complaints Manager, the Governance Assistant, the members of the Referral Group, the Committee and the Appeals Committee shall receive training in discrimination law, bias and unconscious bias, and Safe Spaces.
Add after Safe Spaces With regard to issues of discrimination, committees should seek expert guidance or refer to the relevant educational document on the party’s Framework for Ethics and Conduct.
So that it reads: It is a requirement that the Complaints Manager, the Governance Assistant, the members of the Referral Group, the Committee and the Appeals Committee shall receive training in discrimination law, bias and unconscious bias, and Safe Spaces. With regard to issues of discrimination, committees should seek expert guidance or refer to the relevant educational document on the party’s Framework for Ethics and Conduct.
(and add a footnote with the link to the Framework for Ethics and Conduct – see below)
Amend 1.11 which currently reads: Officers and staff of the Party should be aware of their duty of care should they become aware of breaches of the Code of Conduct and associated policies. In this case, they should in the first instance signpost affected members to the complaints policy. Members who require support in making a complaint should be signposted to and approach the Governance Administrator for reasonable support in doing so. Officers and staff will be able to make a complaint even if they have not been personally disadvantaged, though it is good practice to obtain consent from the parties before doing so. Exceptions to this include situations where there is an immediate risk of harm to personal safety or safeguarding policy infringements (see the Safeguarding Policy and below).
Delete “Members who require support in making a complaint should be signposted to and approach the Governance Administrator for reasonable support in doing so.”
So that it reads: Officers and staff of the Party should be aware of their duty of care should they become aware of breaches of the Code of Conduct and associated policies. In this case, they should in the first instance signpost affected members to the complaints policy. Officers and staff will be able to make a complaint even if they have not been personally disadvantaged, though it is good practice to obtain consent from the parties before doing so. Exceptions to this include situations where there is an immediate risk of harm to personal safety or safeguarding policy infringements (see the Safeguarding Policy and below).
Create a new paragraph 1.12: Members who require support in making, or responding to, a complaint should be signposted to and approach the Governance Administrator for reasonable support in doing so. This support should include guidance provided by members with knowledge of the party’s complaints process, such as former members of the Referral Group, the Committee, the Alternative Dispute Resolution Committee, or the Appeals Committee.
Minor textual amendment: Pluralise “file” in 7.4 which currently reads: On receipt of the appeal statement the Complaints Manager shall refer it to the Appeals Committee for determination as regards to whether the appeal statement constitutes a valid appeal. All of the case file will be forwarded together with the relevant section of the Committee minutes when the decision was made.
Amend 7.5 which currently reads: The Complaints Manager will notify the Chair of the Committee that an appeal has been lodged. The Committee may ask one of its members to attend the Appeal hearing to be available to explain how the decision was made by the Committee and to answer any questions from the Appeals Committee or the Respondent and Complainant.
Add: If no Committee member attends the hearing but the Committee intends to provide answers to questions raised by the Appeals Committee in advance of the hearing or otherwise provide a submission, they should be sent to the Complaints Manager by 5pm five working days before the date of the Appeal hearing. These questions and answers or submission should be sent to the Appeals Committee, Respondent and Complainant by 5pm three working days before the date of the Appeal hearing.
So that it reads: The Complaints Manager will notify the Chair of the Committee that an appeal has been lodged. The Committee may ask one of its members to attend the Appeal hearing to be available to explain how the decision was made by the Committee and to answer any questions from the Appeals Committee or the Respondent and Complainant. If no Committee member attends the hearing but the Committee intends to provide answers to questions raised by the Appeals Committee in advance of the hearing or otherwise provide a submission, they should be sent to the Complaints Manager by 5pm five working days before the date of the Appeal hearing. These questions and answers or submission should be sent to the Appeals Committee, Respondent and Complainant by 5pm three working days before the date of the Appeal hearing.
Amend footnote 2 which currently reads: Currently the Party CEO To: Currently the Head of Governance
Add a footnote in paragraph 1.9 with a link to the party’s Framework for Ethics and Conduct https://members.greenparty.org.uk/taxonomy/term/68
Amend footnote 8 which currently reads: Reasonable adjustments for accessibility may include: wheelchair access, hearing loop, policies and other documents available in large print and Braille, adjustments for travel arrangements
Add after “may include”: but are not limited to Add after “travel arrangements”: .These adjustments should be made available at any point during the process.
So that it reads: Reasonable adjustments for accessibility may include but are not limited to: wheelchair access, hearing loop, policies and other documents available in large print and Braille, adjustments for travel arrangements. These adjustments should be made available at any point during the process.