Durham Women FC – Unacceptable Behaviour Policy

UNACCEPTABLE BEHAVIOUR TOWARDS PLAYERS

1. Purpose
   Durham Women FC (Club) is committed to promoting and maintaining an environment in which all Players are treated fairly, with dignity and respect and where there is no Unacceptable Behaviour (as defined in this Policy). The purpose of this Unacceptable Behaviour Policy (Policy) is to establish guidelines as to what constitutes Unacceptable Behaviour and to set out a framework for Players to raise a complaint about any Unacceptable Behaviour they may witness or experience from any other Players or Club Staff.
   1. The Club takes a strict approach to any breach of this Policy. Any incident of Unacceptable Behaviour will not be tolerated by the Club.

1. This Policy is non-contractual and does not form part of a Player’s terms and conditions of employment. It may be varied, withdrawn or amended at any time.

• Scope
  • For the purposes of this Policy:
    • Club Staff shall mean any individual employed by, or who provides consultancy services to, the Club; and
    • Player shall mean any player that is registered to play for the Club, either under a written contract of employment with the Club or otherwise.

• Principles
  • The principles governing the Policy are that:
    • all Players are treated fairly, with dignity and respect;
    • the Club is a place in which diversity and differences are valued;
    • the culture of the Club is one that is inclusive and where Players feel able to raise complaints without fear of reprisal, and open and constructive communications are encouraged; and
    • acts of discrimination, exclusion, unfair treatment and other negative or demeaning behaviours are not tolerated.
  • Any incident of Unacceptable Behaviour can result in:
    • An unpleasant atmosphere which makes it harder to retain Players or Club Staff, and attract new ones.
    • An increase in sickness and absence.
    • A reduction in productivity or performance.
    • Poor morale and unhappy individuals.
    • Damaged reputations for either the Club or Player.
    • Legal action (which may be against the Club or the person accused of displaying the Unacceptable Behaviour).
• What constitutes Unacceptable Behaviour?
  • Unacceptable Behaviour includes, without limitation:
    • bullying; and/or
    • harassment (including sexual harassment); and/or
    • abuse; and/or
    • victimisation; and/or
    • any other unlawful conduct based on race, colour, sexual orientation, nationality, ethnic origin, religion, belief, disability, age, gender or gender reassignment, trade union membership, pregnancy or maternity or marital or civil partnership status or any other criteria unrelated to sporting performance (each a Protected Characteristic).
  • It is important to recognise that what one individual may find acceptable, another may not and that the essence of Unacceptable Behaviour is that the words, actions, conduct or behaviour are unwelcome.
  • Bullying
    • Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person or group of people feel vulnerable, upset, humiliated, undermined or threatened. Power can include both personal strength and the power to coerce through fear or intimidation.
    • Bullying can take many forms, including but not limited to:
      • verbal abuse, such as shouting or swearing at others;
      • threatening or insulting others;
      • abusing power or using unfair penal sanctions;
      • physical abuse such as hitting, pushing or jostling;
      • rifling through, hiding or damaging personal property; or
      • ostracising or excluding people from events or social activities.
    • Justifiable, legitimate, reasonable and constructive criticism of a Player’s performance or behaviour, or reasonable instructions given to Players, where appropriate, will not amount to bullying on their own.
  • Harassment (including sexual harassment)
    • Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
    • A single incident can amount to harassment.
    • Harassment can also include treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.
    • Unlawful harassment may involve conduct of a sexual nature (sexual harassment); or may be related to a Protected Characteristic.
    • Harassment will be considered as Unacceptable Behaviour even if it is not unlawful harassment.
    • A person may be harassed even if they were not the intended target. For example, a person may be harassed by a racist joke about a different ethnic group if the joke creates an offensive environment.
    • Harassment can take many forms including but not limited to:
      • verbal abuse or offensive jokes or pranks (which may or may not be related to a Protected Characteristic);
      • lewd or suggestive comments; requests for sexual favours or other unwelcome sexual advances;
      • unwelcomed physical contact; threatened or actual assault or violence;
      • leering, or threatening looks;
      • deliberate exclusion from conversations or activities whether on the basis of a Protected Characteristic or otherwise;
      • display of ‘pin-ups’, pornography, inflammatory or abusive literature or graffiti;
      • Using e-mail, messaging platforms or social media for the purpose of bullying or making abusive or offensive remarks whether on the basis of a Protected Characteristic or otherwise or to send pornography or inflammatory material;
      • threatened or actual sexual or any other physical or verbal assault or abuse;
      • suggestions or threats that sexual favours, racial origins or any other Protected Characteristic could affect a Player’s job security or prospects; or
      • repeated and unsubstantiated accusations of intentional mis-representation or abuse of classification.
    • Examples of inappropriate conduct of a sexual nature could include, without limitation:
      • intentional touching of a sexual nature, with an object or a body part without consent;
      • engaging in voyeurism without consent; or
      • recording or photographing a private sexual activity or a person’s intimate parts without their consent.
  • Abuse
    • Abuse may be of any form of conduct that causes, has caused, or could cause harm (including physical, verbal, psychological and/ or emotional abuse).
    • Examples could include, without limitation:
      • repeated and excessive verbal assaults or attacks against someone personally in a way that serves no positive training or motivational purpose;
      • repeated or severe physical aggressive behaviour, including without limitation throwing sports equipment and/or objects at or in the presence of others, punching objects;
      • isolating or ignoring a Player for extended periods of time, including without limitation routinely and arbitrarily excluding a Player from training or treatment;
      • isolating a Player in a confined space or forcing a Player to hold a painful stance or position for no performance related purpose;
      • withholding, recommending against or denying adequate hydration, medical attention or sleep; or
      • providing alcohol to a Player under the legal age for alcohol consumption.
  • Victimisation
    • Victimisation is retaliation against someone who has complained, intends to complain, or has supported someone else’s complaint about Unacceptable Behaviour.
    • An example of victimisation is isolating a person because they have provided evidence in support of someone making a complaint under this Policy.

1. Other unlawful conduct based on a Protected Characteristic – Direct discrimination
   1. Direct discrimination is treating someone less favourably because of a Protected Characteristic. This can also include ‘associative discrimination’ where a person is treated less favourably because of their association with a person who has a Protected Characteristic.
   1. Direct discrimination can also include ‘perception discrimination’ where a person is treated less favourably because of a mistaken belief that they have a Protected Characteristic.
   1. Examples of direct discrimination can include treating someone less favourably because:
      1. their parents are a gay or lesbian couple;
      1. they have young children and it is feared that they might be unreliable;
      1. they are Muslim and it is feared that person will not “fit in” with an existing team; or
      1. they are a lesbian, or it is assumed that they are a lesbian.
   1. Other unlawful conduct based on a Protected Characteristic – Indirect discrimination
      1. Indirect discrimination is having in place a provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified.
      1. Examples of indirect discrimination can include:
         1. requiring everyone’s attendance at a weekly event that those who are Jewish may not be able to attend; or
         1. imposing a language requirement where it is not relevant to the particular task. 

• Raising a Complaint
  • If a Player believes they have witnessed or experienced Unacceptable Behaviour, the Player may, in the first instance, seek to resolve the matter informally. If the matter is unable to be resolved informally or the Player does not wish to do so, the Player shall  refer to the formal grievance procedure set out in the Player’s employment contract; or, if there is no such procedure, follow the process set out below:
    • The Player shall notify the Manager, General Manager or the Head of Women’s Football of the Club in the first instance, who may require the Player to put their complaint in writing.
    • A reasonable investigation will take place.
    • The Manager, General Manager or the Head of the Women’s Football of the Club will notify the Player in writing of the outcome of the investigation.
    • If the grievance is not determined to the Player’s satisfaction, the Player may, within fourteen (14) days of receipt of the outcome of the investigation, give written notice to the General Manager or Head of Women’s Football of the Club that the Player wishes for the matter to be considered by the Board of the Club (or any duly authorised sub-committee thereof).
    • The matter shall then be dealt with at the next convenient meeting of that body and in any event within fourteen (14) days of notice being received by the General Manager or the Head of Women’s Football of the Club.
    • If the Player is not satisfied with the decision of the Club’s board of directors (or any duly authorised sub-committee thereof) the Player may within fourteen (14) days of receipt of the decision appeal that decision to the Executive Operational Committee of the Barclays Women’s Super League (“WSL”) and the Barclays Women’s Championship (“WC”) who shall either determine the matter itself or refer it to an independent tribunal appointed by Sport Resolutions UK for determination in accordance with the procedure set out in Rule 3.10 of the Competition Rules governing the WSL and the WC (the “Competition Rules”) regarding appeals (notwithstanding the fact that there is no right of appeal in respect of decisions made under this policy in the Competition Rules). In this regard, references in Rule 3.10 to “a right of appeal prescribed in these Rules” shall instead be read as “a right of appeal in respect of the ‘Unacceptable Behaviour Towards Players Policy’. Where the matter is referred to an independent tribunal, there shall be an appeal fee of £2,500 (exclusive of VAT), which may be subject to increase.[1]

1. During any investigation into a complaint, or following its determination, the Club may decide that it is appropriate to engage in a formal disciplinary procedure against the individual that is the subject of the complaint.
   1. Non-compliance with any investigation into a complaint and/or disciplinary process will be deemed to be a breach of this Policy which will result in appropriate disciplinary action.

1. The Club will not tolerate any form of retaliation against, or victimisation of, any person involved in the raising of a complaint. Such retaliation or victimisation will constitute Unacceptable Behaviour. If a Player believes they have been victimised or suffered from any retaliation, the Player should raise this through the formal grievance procedure.
   1. False accusations of Unacceptable Behaviour can have a serious effect on innocent people. If an investigation shows that a false accusation has been made knowingly, appropriate disciplinary action will be taken.
2. Confidentiality and Record Keeping 

Confidentiality is an important part of the procedures provided under this Policy. Where practicable, details of the investigation and relevant persons will remain confidential and only be disclosed accordin

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[1] The figure of £2,500 is calculated on the basis of: (i) £1,500 inclusive of reading (1/2 day), sitting (1 day) and drafting a decision (1/2 day) (with additional time charged at £750 per day); plus (ii) £1,000 in respect of up to 12 hours of administrative support provided by Sport Resolutions (additional time charged at £95 per hour). All figures are exclusive of any applicable VAT.