Motion #16
SOC Note: This motion will require a 2/3 majority to pass’
This motion amends the party’s disputes and complaints process to make it more transparent, humane, accountable, and in line with our values. These changes were recommended by conference workshops, workings groups reviewing different elements, staff familiar with the Disputes and Complaints process, and industry best practice.
SOC Note: The part of this motion dealing with the Constitution will require a 2/3 majority to pass.
Note also, if this motion is passed then motion D05 falls away
Constitution:
REPLACE clauses 4.10, 4.11, 4.12, 4.13, 4.14 with 4.10 as follows:
4.10 Disputes and Complaints within the Green Party will be dealt with in accordance with the Standing Orders for Party Discipline (SOPD) and the subordinate Standing Orders and Procedures of the Disciplinary Committee (SOPDC) where applicable.
There shall be a Disputes and Complaints Referral Group (DCRG), Disciplinary Committee (DC), and Appeals Committee which shall operate according to the Standing Orders for Party Discipline and whose membership shall be defined in the same, except for the Appeals committee whose membership shall be defined in the standing orders of the Regional Council.
Note: at present –
RENUMBER existing clause 4.15 as 4.11
Transition:
Upon passage of this motion, all existing members of the Disciplinary committee shall remain in post until the next annual ballot. At the first annual ballot after the passage of this motion, 20 members will be elected such that 10 are elected to an ordinary 2 year term, and another 10 are elected to a shortened 1 year term such that the terms become staggered as set out in SOPD 1.1.1 (see below).
Following the passage of this motion, the Disciplinary Committee shall be responsible for creating an initial version of the Standing Orders and Procedures of the Disciplinary Committee (SOPDC), which it may agree by consensus or otherwise by simple majority.
Similarly following the passage of this motion, any and all existing complaints in the system shall be resumed and handled using the updated Standing Orders for Party Discipline from the next stage onwards, so as not to disadvantage any participant. Any complaints which are on hold shall be re-considered by DCRG. Cases currently under investigation (or that were not investigated per then-clause 4.2) shall require a charging document to be produced, per SOPD 5.5.
Standing Orders for Party Discipline:
REPLACE the Standing Orders for Party Discipline with the following (see next page), which is based on:
Standing Orders for Party Discipline (SOPD)
Disciplinary Committee
1.1 There shall be a Disciplinary Committee (DC) responsible for hearing all disputes and complaints not referred elsewhere by DCRG. They shall act as judges in the cases presented to them.
1.1.1 The membership shall be 20 members elected to 2 year terms, half of whom shall be elected at each Annual Ballot such that the terms are staggered.
1.1.2 Should a vacancy arise, the remaining members of DC may appoint a party member to complete that term in accordance with their standing orders.
1.1.3 The Disciplinary Committee shall elect a Chair and two Deputy Chairs at least annually.
1.1.4 The Disciplinary Committee and any Investigators appointed by them shall operate according to these standing orders for party discipline (SOPD), the standing orders and procedures of the disciplinary committee (SOPDC), and anything set out in the appendices to either of them.
Investigators
1.2 There shall be a pool of Investigators comprised of no more than 20 persons appointed by DC (in consultation with recognised groups of common interest as may be set out in SOPDC) who shall be responsible for investigating disciplinary cases and presenting those cases at hearings.
1.2.1 Investigators shall each serve two year terms, and may not be members of GPRC, SOC, or GPEx. No more than 6 Investigators may be members of DC at any one time.
1.2.2 Should a vacancy arise within the pool of Investigators, DC may appoint another person who shall then serve for a two year term of their own.
1.2.3 The Investigators are responsible to the Disciplinary Committee and will operate according to their role as set out in these standing orders for party discipline (SOPD), the standing orders and procedures of the disciplinary committee (SOPDC), and anything set out in the appendices to either of them.
They are not voting members of the Disciplinary Committee.
1.2.4 Investigators are not required to be members of the party, provided that they have received suitable training or other appropriate qualification.
Referral Group
1.3 There shall be a Disputes and Complaints Referral Group (DCRG) comprised of no more than 5 members responsible for referring complaints. Three shall be the Chair and two Deputy Chairs of DC, and two shall be chosen by the Regional Council from amongst their number in accordance with their standing orders.
1.3.1 Decisions of DCRG shall be by consensus or failing that, by a simple majority.
The quoracy shall be 3.
1.3.2 DCRG shall ordinarily be chaired by the Chair of DC.
Appeals Committee
1.4 There shall be an Appeals Committee comprised of no more than 5 members responsible for hearing appeals.
The membership shall be chosen by the Regional Council from amongst their number in accordance with their standing orders.
1.4.1 Decisions of the Appeals Committee shall be by simple majority.
The quoracy shall be 3.
1.4.2 The Appeals Committee shall elect a Chair or two Co-Chairs at least annually.
Other Bodies or Persons
1.5 There is an on-call committee of the Regional Council, which operates according to its standing orders, and the Regional Council itself as set out in the Constitution.
1.6 There is a Complaints Manager role (performed by one or more members of staff) who facilitate certain parts of the disputes and complaints process, including communications between members party to a complaint and the bodies set out above.
2 Eligibility
2.1 Members shall be eligible to serve on the Disciplinary Committee provided that they have held continuous membership for at least one year.
2.2 Members may not simultaneously be a member of DC and any of the following: GPEx, GPRC, or SOC.
2.3 Members of the Disciplinary Committee and any Investigators shall be required to sign a declaration that they shall faithfully perform their responsibilities in accordance with these standing orders and the appendices, the party’s code of conduct, our core values, any guidance found within the framework of ethics and conduct, and any other requirements set out by governing bodies such as data protection and privacy policies – and that they shall take care not to publicly undermine the above directly or indirectly.
2.4 Investigators or members of DC shall not take part in the above roles until the above declaration has been signed and entered into the party’s records.
2.5 Members of the above committees shall undergo training as directed by the Regional Council and facilitated by staff as appropriate (see appendices).
2.6 Investigators or members of DC may be removed or temporarily suspended from their post by the Regional Council in accordance with their standing orders.
2.7 Investigators or members of DC who have been removed from their post or who have otherwise left their post before the natural end of their term may be barred from holding either post for a period of up to five years by the Regional Council in accordance with their standing orders, provided that this is decided within three months of the vacancy.
3 Complaints Procedure
3.1 Members who have experienced or witnessed wrongdoing may submit a complaint to the party’s Complaints Manager, who shall in turn present the complaint to DCRG for their consideration (ideally within one calendar week).
3.2 The Complaints Manager or another delegated member of staff should:
3.3 Members will not be required to indicate which specific rules have been broken, though the form will provide an opportunity for them to do so, should they feel comfortable doing so. When a member has indicated which rules they believe have been broken, this shall only be to advise the assigned Investigators, not to bind them.
3.4 Members who submit complaints are encouraged to provide as much detail and evidence as they are reasonably able to.
3.5 The Regional Council shall produce a complaint form (including accessible versions as required) and the party shall make the complaint form(s) available on the members website.
3.6 The complaint form(s) shall ask if the member considers the conduct a breach of: the constitution, the code of conduct, or an earlier sanction or temporary suspension (though this is optional per 3.3).
3.7 If one or more (or all) parties to a complaint leaves the party, complaints to which they are a party will continue to be processed, and they shall continue to be invited to participate.
The following sections outline the rest of the disputes and complaints process.
4 Referrals
4.1 When the party has received a complaint, DCRG shall be responsible for determining (ideally within two calendar weeks) whether:
4.1.1 To dismiss the complaint or refer the complaint onwards, and if so where.
4.1.2 A complaint meets the UPVAM criteria, and if this affects their referral decision.
SOC Note: The acronym ‘UPVAM’ as used here and in motion D14 stands for ‘Unreasonable, Persistent, Vexatious, Abusive or Malicious’.
4.1.3 Any requested anonymity will be granted (and if so on what grounds).
4.1.4 To request temporary suspension of one or more of the respondent(s) pending investigation (SPI), which shall then be considered by GPRC in accordance with their standing orders.
4.2 DCRG may refer a complaint to party bodies recognised by the Regional Council for this purpose, including but not limited to: Regional parties (where a Regional disputes process is in place), Disciplinary Committee, Alternative Dispute Resolution Committee, the Spokesperson Support and Monitoring Group, or the Regional Council itself.
4.3 DCRG shall keep a record of its referral decisions using a standardised form.
4.4 The Complaints Manager will inform any respondents who have been named in a complaint, and the complaint will be provided to them with any redactions deemed appropriate by DCRG.
4.5 The Complaints Manager should collect diversity information from the respondent to assist the party in avoiding institutional bias against protected characteristics, and this information shall be aggregated and anonymised before being shared with the EDI officer and EDI committee.
5 Investigations
5.1 The Chair of DC in consultation with others as set out in SOPDC shall consider each complaint referred to DC and determine whether it shall be joined with an existing case or become a new case. A case may contain one or more related complaint.
5.2 They shall appoint at least two Investigators from the Investigator pool to each case.
5.3 The Investigator (s) assigned to a case shall ordinarily be empowered to investigate a case, or otherwise will facilitate an investigation that is conducted by another third party approved by the Green Party Executive.
5.4 Investigators must ensure that respondents are given an opportunity to respond in their defence.
5.5 When the assigned Investigators have completed their investigation (or determined that no investigation is required) they shall produce a charging document and inform the Chair of DC. This document may be finalised by simple majority of the assigned Investigators, or by the Chair of DC in the case of a tie.
5.5.1 The charging document shall indicate which conduct is alleged, the associated evidence; and which clauses of the code of conduct, party’s constitution, and/or sanction or temporary suspension have been breached. This may be include information provided in the original complaint form(s) or rely on the other findings of the investigation.
5.5.2 The Chair of DC shall refer the completed charging document to DCRG, which shall consider whether the case as a whole merits requesting that the Regional Council consider imposing a temporary suspension (pending a final disciplinary outcome). DCRG may also choose to dismiss the case in its entirety where appropriate.
The Investigators may also, with the consent of the Chair of DC, request temporary suspension prior to the completion of the charging document should this be felt to be necessary.
5.5.3 The Complaints Manager will inform the respondent(s) who have been named in the charging document that the party is to bring a disciplinary case against them, and the charging document will be provided to them with any redactions deemed appropriate by DCRG.
6 Hearings
6.1 A hearing will be held where a panel of three members of DC shall act as judges, and the assigned Investigators shall present the case on behalf of the Green Party.
6.1.1 No person shall be an Investigator and judge in the same case.
6.2 Hearings will be held at the next practicable date where respondent(s) have been provided at least two calendar weeks notice.
6.2.1 Religious holidays, life events and major commitments, or other culturally important celebrations observed by the respondent or other participant should be avoided, provided the party is informed of such a conflict within one week.
6.3 Respondent(s) shall be given an opportunity to provide a defence during the hearing.
6.4 Respondent(s) may have the support of a McKenzie Friend should that seem desirable to them. They shall be able to support and advise the respondent but may not address the hearing directly.
6.4.1 A McKenzie Friend must either be a member of the party or have otherwise agreed to follow the party’s code of conduct during their participation in the disciplinary process. Any such person who breaches the code of conduct during a hearing may be removed by majority decision of the assigned panel members.
6.5 Disciplinary cases are between The Green Party and one or more named respondents, not disputes between individuals. Complainants may be invited to speak or provide evidence in the hearing, but are not expected to present the case as a whole.
6.6 Observers are not permitted at hearings to ensure the privacy and dignity of the respondents and any witnesses or other participants.
7 Decisions
7.1 The assigned panel members will convene to decide the outcome of the case. They shall provide their decision in writing to the Complaints Manager, ideally within three calendar weeks. Where this is not practicable, they shall advise participants (via the complaints manager) when they may receive a final decision.
7.2 The assigned panel members shall have access to relevant precedent and to any past cases concerning the respondent(s) and/or complainant(s), and may consider these factors when issuing a decision.
7.3 The panel members shall issue a decision, which may include one or more sanctions which the party shall impose on the respondent(s).
7.4 Decisions of the assigned panel members shall be made by a simple majority.
Dissent may be recorded by way of a minority report when appropriate, provided this is submitted such that it can be included with the rest of the decision.
8 Appeals
8.1 Complainants and Respondents both shall have a right of appeal against one or both of:
8.1.1 The severity of the sanction, when wrongdoing was found, on the basis that it was unreasonable i.e. not in line with the party’s guidance on sanctions.
8.1.2 The finding of innocence or wrongdoing by the Disciplinary Committee, Local, or Regional party, on the basis that the process was procedurally unfair to the appellant.
Procedural unfairness is restricted to procedural grounds i.e. that the process set out in the Standing Orders for Party Discipline was not followed correctly (or there was discrimination with respect to one or more protected characteristics).
The Appeals Committee is not to consider evidence relating to the conduct or facts alleged in the case.
8.2 Members wishing to make an appeal of an earlier decision must do so within four calendar weeks of receipt of that decision.
8.3 The Regional Council shall produce an appeals form (including accessible versions as required) and the party shall make the appeals form(s) available on the members website and/or to members who have received a disciplinary sanction.
8.4 The appeals form(s) shall ask if the member is making an appeal on the basis of either 8.1.1, 8.1.2, or both.
8.5 The Appeals Committee will consider Appeals made against 8.1.1 and/or 8.1.2.
If the committee only finds in favour of the Appellant with respect to 8.1.1, they may issue a decision altering the sanction. However if the committee finds in favour of the appellant with respect to 8.1.2, they shall refer the case to the Disciplinary Committee to either re-hear or re-investigate the case as instructed by the Appeals Committee. A case that has been referred back on Appeal shall not be heard by any of the original panel members.
8.6 The Appeals Committee may hold a hearing with the Appellant or may issue a decision based on what has been provided in writing, as it deems appropriate.
8.7 If the Appeal is not upheld, the case is concluded and the earlier decision becomes final.
8.8. Decisions of the Appeals Committee are subject to further oversight as set out in the standing orders of the Regional Council.
8.9 The Appeals Committee shall have jurisdiction to hear Appeals to disciplinary findings of any Local or Regional party.
8.10 While an Appeal is under consideration, any sanctions imposed by the Disciplinary Committee, Local, or Regional party shall remain in effect.
9 Reporting and Accountability
9.1 The Chair of DC will report to the party’s AGM, and the report shall include the number of complaints received by DCRG and how many members in each region were subject to a complaint. Anonymised statistics of the protected characteristics of respondents and complainants shall also be included. The Complaints Manager shall provide these statistics to the committee in advance of any report deadlines, and should separately make these available to the EDI officer and EDI committee at least annually where practicable.
The Complaints Manager will no longer be required to report directly to the AGM.
9.2 When a sanction has been imposed, the Complaints Manager shall (within one working day, as a priority) inform all recognised groups of common interest and national party bodies in addition to the relevant regional and local parties and any committees which the sanctioned member belongs to.
9.3 The Complaints Manager shall (within one working day, as a priority) ensure that access to any sensitive systems (including but not limited to) official communication platforms, financial systems, etc. are removed urgently and prior to a respondent being informed of a sanction which would limit access to those systems in order to mitigate misuse where practicable.
9.3.1 The same shall apply where there is a temporary suspension.
9.4 The Complaints Manager shall (within one working day, as a priority) ensure the names of those sanctioned and a record of any active sanctions is made available on the members website or in another suitable place along with a summary of the reasons for each decision to ensure that disciplinary sanctions are transparent and accountable, and that they are adhered to.
9.4.1 The same shall be made available for temporary suspensions.
9.5 There is a general presumption of confidentiality within the disputes and complaints process.
This means that staff or volunteers in positions of responsibility within the process should not discuss these matters in an inappropriate forum, and confidential information should be shared with as few people as practicable.
This confidentiality may be waived in part or in whole by the Regional Council, for example when a respondent has spoken publicly and misrepresented the facts of their case or in response to rumours.
Confidentiality does not prevent respondents, complaints, or other victims or witnesses from speaking out about their experiences.
10 Guidance and Elaboration:
10.1 The Regional Council and/or the Disciplinary Committee may produce guidance for the purpose of assisting members acting within the disputes and complaints process and to ensure that they may exercise their responsibilities fairly, consistently, and in line with the party’s values.
These may include, but are not limited to, the following topics:
This guidance shall be available as appendices to these standing orders and/or within the Framework of Ethics and Conduct.
10.2 As an appendix to the Standing Orders for Party Discipline (SOPD), there shall be Standing Orders and Procedures of the Disciplinary Committee (SOPDC) which set out in further detail the operation of the Disciplinary Committee and the appointed Investigators.
11 Review and Revision
11.1 This document (the Standing Orders for Party Discipline) i.e. the party’s disputes and complaints process will be reviewed by the Regional Council at least every three years.
11.2 The Standing Orders for Party Discipline (SOPD) may be amended by either:
Standing Orders Committee may make minor textual amendments as required.
11.3 The Standing Orders and Procedures of the Disciplinary Committee (SOPDC) and other appendices to SOPD may be amended by either:
Standing Orders Committee may make minor textual amendments as required.
11.4 At the conclusion of a Dispute or Complaint, Complainants and Respondents shall each be provided by staff with an anonymous feedback survey where they will be asked if they have any recommended improvements and whether they have any protected characteristics (with the option not to declare).
The feedback will be reported to the Regional Council at least annually.
12 Local and Regional Party Complaint Systems
12.1 Complaints must in the first instance be made to the Green Party’s national Complaints Manager to ensure that the complaint is properly brought, and that there is procedural fairness and an appropriate referral by DCRG.
12.2 Regional parties are expected to have their own process for handling Disputes and Complaints referred to them by the Disputes and Complaints Referral Group.
12.3 Local parties may operate their own disputes and complaints process for handling Disputes and Complaints referred to them by the Disputes and Complaints Referral Group.
12.4 Decisions made under any Local or Regional disputes and complaints process are subject to appeal which shall be considered by the Appeals Committee (see 8.9), and no Local or Regional party may reverse, change, or undermine a decision made at a higher level.
12.5 Sanctions or other decisions issued by a Regional or Local party must be reported to the Complaints Manager so these can be reported alongside any other sanctions (see 9.4).
13 Temporary Suspensions
13.1 When imposed by the Regional Council or the designated on-calls committee, a temporary suspension pending investigation (SPI) means that the member concerned must not volunteer for the Green Party or any part of it in any capacity except to participate in any disciplinary cases in which they are a party. They must not participate in Green Party social media spaces.
13.2 Where a temporary suspension has both exceeded 60 days in duration and been ratified by the Regional Council in a decision taken after the elapse of those 60 days, any posts held by the member shall be considered vacant, including any candidacies for external office.
13.3 The basis for imposing a temporary suspension shall be that based on the information available there is either (i) a significant likelihood of continued misconduct which would harm individuals, bodies, or the party as a whole which may be mitigated by imposing a suspension, or (ii) a significant reputational risk for the party.
13.4 Breach of a temporary suspension shall be considered by the panel members in the case when considering sanctions, and may also be justification for the submission of additional complaints or other appropriate action.
When a breach of temporary suspension or other sanction is reported by way of a complaint this may be referred to: 1. Disciplinary Committee and therefore the Investigator(s) and/or 2. GPRC/on-calls to consider whether immediate action is required.
13.5 In the first instance, members placed on temporary suspension will have a 28 day right of reply in which to make representations and/or provide mitigations to the risks identified, after which time the Regional Council’s on-calls committee will review the temporary suspension, taking into account what has been provided.
13.6 From time to time the Regional Council will review any active temporary suspensions, ideally quarterly. When the Regional Council continues a suspension, this is a ratification of the suspension. In advance of a review, members on a temporary suspension shall be offered two calendar weeks to make representations and/or provide mitigations to the risks identified.
13.7 The Regional Council shall keep a record of its temporary suspension decisions using a standardised form.
*Appendix A: Standing Orders and Procedures of the Disciplinary Committee (SOPDC)*
(To be provided at a later date)
Appendix B: Guidance on Training for Volunteers
Training which should be undertaken by members in roles relating to the Disputes and Complaints
system (i.e. DCRG, DC, Appeals and on-calls (GPRC)):
Appendix C: Glossary
Disputes vs Complaints
A dispute concerns a disagreement or misunderstanding between two parties that may benefit from a third party mediating the situation.
A complaint concerns a breach of the party’s code of conduct or the constitution.
Anonymity vs Confidentiality
Anonymity concerns when the identity of one or more persons has been hidden in order to protect them e.g. from retribution.
Confidentiality means that certain matters should be kept secret and not be discussed outside of appropriate forums.
Recusal vs Conflict of interest
Recusal means a decision taken by a person to refrain from participating in a discussion, perhaps because of a perceived conflict of interest.
Conflict of interest means a person has a stake in the outcome, for example because they are close friends with one of the parties or because they stand to make money from the outcome.
See GPRC’s Guidance on Recusal.
Last updated on 2024-09-08 at 15:20