1. The BGA must contact the Complainant as soon as practicable and in any event within 48 hours, to inform them that the Complaint is being dealt with by the BGA.
2. The BGA must (i) discuss the Complaint with the Complainant and (ii) attempt to deal with the Complaint by means of conciliation.
3. If as a result of conciliation as in (2) above the Complainant decides not to pursue the Complaint further the Complaint shall be closed.
4. If after the attempt at conciliation the BGA considers that the Complaint may disclose a sufficiently serious breach of the BGA Standards [“the Standards”] to warrant disciplinary proceedings then the matter shall proceed against the Member Shoot in accordance with the disciplinary procedure set out in B4 to B15 below.

PART B – DISCIPLINARY PROCEEDINGS

Case where the Disciplinary Procedure is to be used

B1. The procedure set out in B4 to B15 below is to be employed in any case:

1. Where a Complaint is made by a Complainant (as defined in A1(1) above) against a Member Shoot and/or any of its owners, officers or employees that raises or includes or amounts to an allegation of a sufficiently serious breach of the Standards to warrant disciplinary proceedings;
2. Where any allegation, indication or evidence of a sufficiently serious breach of the Standards by a Member Shoot and/or any of its owners, officers or employees to warrant disciplinary proceedings is brought to the attention of the BGA during an audit of a Member Shoot.

B2.  The procedure set out in B4 to B15 below will not apply to any allegation of breach raised more than three calendar months after the events giving rise to the allegation came to the notice of the person or body making or investigating the allegation.

B3.  An allegation of breach of the Standards may be raised, and disciplinary proceedings may be instituted, against (i) any Member Shoot and/or (ii) any of its owners, officers or employees. The relevant Member Shoot and/or any of its owners, officers or employees against whom an allegation is raised and proceedings are instituted is hereafter referred to as “the Respondent”.

Initial Enquiries and Report

B4.  On receiving notice of any evidence, allegation or indication of any sufficiently serious breach of the Standards to warrant disciplinary proceedings, the BGA must as soon as practicable and in any event within 72 hours of such notice notify the Respondent in writing, giving whatever detail is available of the nature and apparent extent of the alleged breach.

B5.  On receiving notice of any such alleged breach of the Standards, the BGA shall immediately carry out an enquiry into the facts and circumstances of the alleged breach including, as in its discretion considers appropriate and proportionate to the nature and gravity of the allegation:

1. Requesting copies of relevant records from the relevant Member Shoot
2. Interviewing the owners, officers or employees of the relevant Member Shoot;
3. Identifying and interviewing any material witnesses;
4. Gathering or inspecting any material physical or documentary evidence;
5. Obtaining written statements or reports from any witnesses;
6. Taking whatever further or other steps appear necessary and proportionate.

B6.  At the conclusion of the enquiry the BGA shall prepare a written report:

1. fairly and neutrally summarising the allegation;
2. identifying the Respondent(s);
3. specifying the Standards alleged to have been infringed;
4. setting out the steps taken in the course of the enquiry and the results thereof;
5. conclusions as to the arguable merits and gravity of the allegation;
6. the appropriate and proportionate method of dealing with the allegation in accordance with B7 below.

B7.  The BGA's method of dealing with the allegation referred to in B6 (6) above shall be one of the following four options:

1. That the allegation and the associated Complaint, if any, has no arguable merit or is of such a minor or trivial nature as to render further action disproportionate, and should be summarily dismissed;
2. That the allegation has arguable merit and if proved is of a sufficiently minor nature that it should be dealt with summarily at Level 1 as set out in B9 to B10 below – Provided That this option is not open if there is an associated Complaint that has arguable merit, in respect of which attempts at conciliation have failed and which the Complainant has indicated their intention to pursue;
3. That the allegation has arguable merit and if proved is of such a nature that it, together with any associated Complaint, should be dealt with by the BGA’s Disciplinary Panel at Level 2 as set out in B11 to B13 below;
4. That the allegation has arguable merit and if proved is of a sufficiently serious nature that it, together with any associated Complaint, should be dealt with by the BGA's Disciplinary Tribunal at Level 3 as set out in B14 to B15 below.

B8.  The BGA shall take one of the following steps:

1. If it concludes that the allegation and any associated Complaint has no arguable merit or is of such a minor or trivial nature as to render further action disproportionate, the BGA shall submit the report to the BGA Chairman. Unless the BGA Chairman responds within 14 days stating that he considers the allegation should be pursued in accordance with either (3) or (4) below, the BGA shall write (i) to the Respondent and (ii) (if appropriate) the Complainant dismissing the matter, setting out the reasons for dismissal and confirming that the Chairman has seen and approved the reasons. Such dismissal is final.
2. If the BGA or the BGA Chairman concludes that the allegation and any associated Complaint has arguable merit but if proved involves only a minor infringement of the Standards then the matter must be dealt with summarily at Level 1 as set out in B9 to B10 below (unless the Proviso set out in B8 (2) above applies).
3. If the BGA or the BGA Chairman concludes that the allegation and any associated Complaint has arguable merit and if proved is of such a nature that it involves an infringement of the Standards then the matter must be dealt with by the BGA’s Disciplinary Panel at Level 2 as set out in B11 to B13 below;
4. If the BGA or the BGA Chairman concludes that the allegation and any associated Complaint has arguable merit and if proved involves a serious infringement of the Standards then the BGA must deal with the matter at a disciplinary hearing at Level 3 as set out in B14 to B15 below.

Level 1

B9. The penalties that the BGA is empowered to impose summarily are as follows, and one or more of the following must be imposed if the allegation has been found to be proved:

1. That the breach of the specified Standards be recorded in the minutes of the BGA but that no further action shall be taken;
2. That the Respondent be (i) reprimanded or (ii) severely reprimanded and such reprimand be published in the newsletter of the BGA or otherwise publicised in a similar manner;

B10. The Respondent shall have the right to appeal to the BGA Disciplinary Panel against the BGA's finding of breach or against any penalty ordered under B9 above. Such appeal shall be by way of re-hearing in accordance with the provisions of B11 below. Following such re-hearing the Disciplinary Panel shall have the power:

1. To dismiss the allegation;
2. To uphold the allegation in whole or in part;
3. To reduce the penalty ordered by the BGA;
4. To impose additional or alternative penalties including all or any of the penalties set out in B12 below.

Level 2

B11. In any case where either the BGA or the BGA Chairman has agreed or directed that the allegation and any associated Complaint must be dealt with by way of hearing before the Disciplinary Panel, the BGA shall immediately appoint a Disciplinary Panel consisting of the BGA Chairman or his nominee, who shall act as Chairman of the Panel, and two other members of the BGA board of directors or advisory committee to adjudicate upon the allegation.

Level 2 – Penalties within the Jurisdiction of the BGA Disciplinary Panel

B12.  The penalties that the Disciplinary Panel is empowered to impose are as follows, and one or more of the following must be imposed if the allegation has been found to be proved:

1. That the breach of the specified Standards be recorded in the minutes of the BGA but that no further action shall be taken;
2. That the Respondent be (i) reprimanded or (ii) severely reprimanded and such reprimand be published in the newsletter of the BGA or otherwise publicised in a similar manner;
3. That the Respondent be suspended from membership of the BGA and barred from participation in any of their activities for a period to be fixed by the Disciplinary Tribunal or until such time as the Respondent can demonstrate that the Member Shoot is fully compliant with the BGA Standards;
4. In the event that the Disciplinary Panel decides that none of the above powers are sufficient in the light of the gravity of the breach as they have found it to be, the Panel may remit the case to the BGA Chairman who shall appoint a Disciplinary Tribunal with powers to impose all or any of the penalties set out in B15 below.

B13.  The Respondent shall have the right to appeal to the BGA against the Disciplinary Panel’s finding of breach or against any penalty ordered under B12 above. Such appeal shall be heard by a Disciplinary Tribunal appointed by the BGA Chairman in accordance with the provisions of B14 below and shall be by way of review or re-hearing in a manner directed by the BGA Chairman. Upon such review the Disciplinary Tribunal shall have the power:

1. To dismiss the allegation;
2. To uphold the allegation in whole or in part;
3. To reduce the penalty ordered by the Disciplinary Panel;
4. To impose additional or alternative penalties including all or any of the penalties set out in B15 below.

Level 3

B14. In any case where the BGA or the BGA Chairman has agreed or directed that the allegation must be dealt with at a disciplinary hearing, the BGA Chairman shall appoint a Disciplinary Tribunal consisting of the BGA Chairman or a Commissioner nominated by him, who shall act as Chairman of the Panel, and two other Commissioners to adjudicate upon the allegation.

Level 3 – Penalties within the Jurisdiction of the Disciplinary Tribunal

B15. The penalties that the Disciplinary Tribunal is empowered to impose are as follows, and one or more of the following must be imposed if the allegation has been found to be proved:

1. That the breach of the specified Rule or Standards be recorded in the minutes of the BGA but that no further action be taken;
2. That the Respondent be (i) reprimanded or (ii) severely reprimanded and such reprimand be published in the newsletter of the BGA or otherwise publicised in a similar manner;
3. That the Respondent be permanently barred from membership of the BGA and permanently barred from participation in any of their activities.