Club Rules

RULES

RULES of Handsworth Grammar School Old

Boys Swimming Club as at 4 March 2009

Name

1.1

The name of the Club shall be Handsworth Grammar

School Old Boys Swimming Club.

Objects

2.1

The objects of the Club shall be the teaching,

development and practice of swimming and water polo for its

members. In the furtherance of these objects:

2.1.1

The Club is committed to treat everyone equally within the

context of its activity. This shall be, for example, regardless of

sex, ethnic origin, religion, disability or political persuasion, on

any grounds.

2.1.2

The Club shall implement the A.S.A. Equal Opportunities

policy

2.2

The Club shall be affiliated to ASA West Midlands Region,

and shall adopt and conform to the rules of this Association, and

to such other bodies as the Club may determine from time to

time.

2.3

The business and affairs of the Club shall at all times be

conducted in accordance with the Laws and Technical Rules of

the Amateur Swimming Association (“A.S.A. Laws”) and in

particular:

2.3.1

all competing members shall be eligible competitors as

defined in A.S.A. Laws; and

2.3.2

the Club shall in accordance with A.S.A. Laws adopt the

A.S.A. Child Protection Procedures; and shall recognise that the

welfare of children is everyone’s responsibility and that all

children and young people have a right to have fun, be safe and

be protected from harm.

2.3.3

members of the Club shall in accordance with A.S.A. Laws

comply with the A.S.A. Child Protection Procedures.

2.4

By virtue of the affiliation of the Club to ASA West

Midlands Region, the Club and all members of the Club

acknowledge that they are subject to the laws, rules and

constitutions of:

2.4.1

ASA West Midlands Region and

2.4.2

the Amateur Swimming Association; (to include the

ASA/IOS Code of Ethics); and

2.4.3

British Swimming (in particular its Doping Control Rules

and Protocols and Disciplinary Code); and

2.4.4

FINA, the world governing body for the sport of swimming

in all its disciplines (together “the Governing Body Rules”)

2.5

In the event that there shall be any conflict between any

rule or by-law of the Club and any of the Governing Body Rules

then the relevant Governing Body Rule shall prevail

Membership

3.1

The total membership of the Club shall not normally be

limited. If however the Hon Membership Secretary considers

that there is a good reason to impose any limit from time to time

then the Hon Membership Secretary shall put forward

appropriate proposals for consideration at a Committee Meeting

of the Club. The committee shall have the right to impose (and

remove) from time to time any limits on total membership (or any

category of membership) of the Club.

All persons who assist in any way with the club’s activities shall

become members of the club and hence of the A.S.A. and the

relevant A.S.A. membership fee shall be paid. Assisting with the

club’s activities shall include, but not be restricted to,

administrators, associate members, voluntary instructors,

teachers and coaches, Committee members, helpers, Honorary

members, life members, officers, patrons, Presidents, technical

and non-technical officials, temporary members, and verifiers or

tutors of the A.S.A’s educational certificates.

Paid instructors, teachers and coaches who are not members of

the club must be members of a body which accepts that its

members are bound by the A.S.A.’s Code of Ethics, the Laws

relating to Child Protection and those parts of the Judicial Laws,

Judicial Rules and procedures necessary for their

implementation and whilst engaged in activities under the

jurisdiction of the A.S.A. shall be subject to all the constraints

and privileges of the Judicial Laws and Rules.

3.2

Any person who wishes to become a member of the Club

must submit a signed application to the Secretary (and in the

case of a junior swimmer the application must be signed by the

swimmer’s parent or guardian). Election to membership shall be

determined by the Membership Secretary but other person(s)

authorised by the committee may make recommendation as to

the applicant’s acceptability. The Membership Secretary shall be

required to give reasons for the refusal of any application for

membership. Any person refused membership may seek a

review of this decision before a review panel appointed by the

Committee (“Review Panel”) comprised of not less than three

members (who may or may not be members of the Committee).

The panel shall wherever practicable include one independent

member nominated by the ASA West Midlands Region. The

person refused membership shall be entitled to make

representations to the Review Panel. The procedures for review

shall be at the discretion of the Review Panel whose decision

shall be final and binding

The Club shall not refuse an application for membership on

discriminatory grounds, whether in relation to ethnic origin, age,

sex, religion, disability, political persuasion or sexual orientation

Subscription and Other Fees

4.1

The annual member’s subscription and coaching and

squad fees (as applicable) shall be proposed from time to time

by the Committee and the Committee shall in so doing make

special provision for different classes of membership as the

Annual General Meeting shall determine.

4.2

The annual subscription shall be due on joining the Club

and thereafter on the 1st day of January each year.

4.3

Any member whose subscription is unpaid by the date

falling 30 days after the due date for payment may be suspended

by the Committee from some or all Club activities from a date to

be determined by the Committee and until such payment is

made.

4.4

The Committee shall, from time to time, have the power to

determine subscriptions and other fees save for the annual

membership subscriptions. This shall include the power to make

such increase in subscriptions as shall, where the Club pays the

individual A.S.A. Membership Fees to the A.S.A. on behalf of

members, be consequential upon an increase in individual A.S.A.

membership fees.

Resignation

5.1

A member wishing to resign membership of the Club must

give to the Secretary written notice of his resignation. A

member’s resignation shall only take effect when this (Rule 5.1)

has been complied with.

5.2

Not withstanding the provisions of Rule 5.1 above a

member whose subscription is more than two months in arrears

shall be deemed to have resigned. Where the membership of a

member shall be terminated in this way he shall be informed in

writing that he is no longer a member by notice handed to him or

sent by post to his last known address.

Expulsion and other Disciplinary action

6.1

The Committee shall have power to expel a member when, its

opinion, it would not be in the interests of the Club for him to remain a

member. The Club in exercising this power shall comply with the

provisions of Rules 6.2 and 6.3 below

6.2

The Club shall adopt and comply with the A.S.A. Guidelines for

handling Internal Club Disputes (“the Guidelines”) as the same may be

revised from time to time. The Guidelines are set out as an Appendix to

the A.S.A. Judicial Laws and appear in the A.S.A. Handbook. (A copy of

the current Guidelines may be obtained from the A.S.A. Legal Affairs

Department.)

6.3

A member may not be expelled or (subject to Rule 6.4 below) be

made the subject of any other penalty unless the panel hearing the

complaint shall unanimously vote in favour of the expulsion of (or other

penalty imposed upon) the member.

6.4

The Officers of the Club (or any person to whom the Committee

shall delegate this power) may temporarily suspend or exclude a member

from particular training sessions and/or wider club activities, when in their

opinion, such action is in the interests of the Club. Where such action is

taken the complaint will thereafter be dealt with in accordance with the

Guidelines.

Committee

7.1

The Committee shall consist of the President, Secretary, Treasurer,

Water Polo Secretary, Membership Secretary, Match Treasurer, Club

Captain, A team captain and vice captain, B team captain and vice

captain, Junior club captain, U18 team captain, U16 team captain, Club

Instructor, Welfare Officer (together “the Executive Officers of the Club”)

and up to seven elected members all of whom must be members of the

Club. All Committee members must be not less than 16 years of age

though the Committee may allow younger member(s) to attend their

meetings without power to vote.

7.1.1 The Committee shall appoint a member of the Club as Welfare

Officer who must be not less than 18 years of age, who should have an

appropriate background and who is required to undertake appropriate

training in accordance with A.S.A Child Safeguarding courses.

7.2

The Committee members shall be proposed, seconded and

elected by ballot at the Annual General Meeting each year and shall

remain in office until their successors are elected at the next Annual

General Meeting. Any vacancy occurring by resignation or otherwise

may be filled by the Committee. Retiring members of the Committee

shall be eligible for re-election. (See also 8.1)

7.3

Committee meetings shall be held not less than quarterly (save

where the Committee itself shall by a simple majority resolve not to meet),

and the quorum of that meeting shall be six. The Chairman and the

Secretary shall have discretion to call further meetings of the Committee if

they consider it to be in the interests of the Club. The Secretary shall

give all the members of the Committee not less than two days oral or

written notice of a meeting. Decisions of the Committee shall be

made by a simple majority (and in the event of equality of votes the

Chairman (or the acting Chairman of that meeting) shall have a

casting or additional vote.) The Secretary, or in his absence a

member of the Committee, shall take minutes.

7.4

In the event that a quorum is not present within thirty minutes

of the published start time, a meeting shall stand adjourned to the

time and date falling seven days after the date of the meeting, or

such other date and time as may be determined by the Chairman. If

a quorum is not present at the adjourned meeting then those

Committee members attending may act for the purpose of calling a

Special General Meeting of the members, to which the provisions as

to minimum notice contained in Rule 11.1 shall not apply

7.5

In addition to the members so elected the Committee may co-

opt up to 3 further members of the Club who shall serve until the next

Annual General Meeting. Co-opted members shall be entitled to vote

at the meetings of the Committee and shall not be counted in

establishing whether a quorum is present.

7.6

The Committee may from time to time appoint from among

their number such sub-committees as they may consider necessary

(and to remove (in whole or in part) or vary the terms of reference of

such sub-committees) and may delegate to them such of the powers

and duties of the Committee as the Committee may determine. All

sub-committees shall periodically report their proceedings to the

Committee and shall conduct their business in accordance with the

directions of the Committee.

7.7

The Committee shall be responsible for the management of the

Club and shall have the sole right of appointing and determining the

terms and conditions of service of employees of the Club. The

Committee shall have power to enter into contracts for the purposes

of the Club on behalf of all the members of the Club. The Committee

shall be responsible for ensuring that the Accounts of the Club for

each financial year be examined by an auditor to be appointed by the

members in Annual General Meeting. The Committee shall also have

power to make regulations and to settle disputed points not otherwise

provided for in this Constitution.

7.8

The members of the Committee shall be indemnified by the

members of the Club against all liabilities properly incurred by them in

the management of the affairs of the Club.

7.9

The Committee shall maintain an Accident Book in which all

accidents to club

members at swimming related activities shall be

recorded. Details of such

accidents shall be reported to the A.S.A.

Office. The Club shall make an annual

return to the A.S.A. in the

prescribed form

Officers and Honorary Members

8.1

The Executive Officers and Committee of the Club shall be

proposed, seconded and elected (by ballot) at the Annual General

Meeting and shall hold office until the next Annual General Meeting

when they shall retire. Any vacancy occurring by resignation or

otherwise may be filled by the Committee. Retiring officers shall be

eligible for re-election.

8.2

The Annual General Meeting of the Club may elect Vice-

Presidents. A Vice-President need not be a member of the

association and on election shall, ex officio, be an honorary member

of the Club.

8.3

The Committee may elect any person as an Honorary Life

Member of the Club and they shall be entitled to all the privileges of

membership except that they shall not be entitled to vote at meetings

and serve as officers or on the Committee unless any such person

shall have retained in addition his ordinary membership of the Club.

Such honorary members must be included in the Club’s annual return

as to membership.

Annual General Meeting

9.1

The Annual General Meeting of the Club shall be held each

year by 31 March. The date for the Annual General Meeting shall be

fixed by the Committee

9.2

The purpose of the Annual General Meeting is to transact the

following business:

9.2.1

to receive the Secretary’s report of the activities of the Club

during the previous year;

9.2.2

to receive and consider the accounts of the Club for the

previous year and the Treasurer's report as to the financial position

of the Club;

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