Explanatory Memorandum
Dealing with alleged breaches of Our Games Our Code – the joint
Code of Best Practice in Youth Sport
Background
This is an explanatory document outlining a proposed structure at Club, County, Provincial
and National level to deal with alleged breaches of the Code of Best Practice in Youth Sport.
The Code of Best Practice in Youth Sport was developed in 2009, amended in 2011 and
subsequently enshrined in Rule and published in its current format as a joint code between
LGFA, Camogie, Rounders, Handball and GAA. The Code uses the working title of Our
Games - Our Code.
The ‘Code’ has been reviewed in line with legal advice, with particular reference to Section 3,
the joint Code of Behaviour. The Code of Behaviour section is the most sought after and
most used section of Our Games Our Code and provides clear guidance on the minimum
levels of acceptable behaviour expected from players, coaches, parents, spectators etc. It is
acknowledged as one of the best Codes of Behaviour to be published by a Sport’s
organisation in Ireland.
The Code of Behaviour is published in booklet format and we distribute over 25,000 copies
per year. It is also downloadable from each Associations’ website.
How to Deal with Breaches of the Code of Best Practice incl Code of Behaviour
The development of the Code and its subsequent implementation has thrown up one major
issue for all of our Associations i.e. how to determine if an alleged breach of the code falls
under the remit of the Code or under the Association’s disciplinary Rules. We are not unique
in facing this question as it arises for many other Organisations who also have Codes of
Behaviour or Codes of Conduct.
As this is a joint Code the preference exists for us to jointly deal with any allegations of
breaches and if possible via an agreed local and national joint structure.
The majority of breaches of the Code of Best Practice in Youth Sport may be dealt with at
Club, County and Provincial level through the intervention of the relevant Children’s Officer.
However, in some instances where alleged breaches of a more serious nature may require
greater scrutiny it may be more appropriate to refer such concerns to a special determining
Committee for direction.
Code of Behaviour - Underage
How to Deal with Alleged Breaches 1
Initial proposals to permit the GAA CCC at County level to determine if an allegation should
be dealt with under Code or Rule have been deemed unworkable. Simply put, a determination
by a GAA Committee for a breach of Rule or misdemeanour at Camogie or LGFA level
would run the risk of being ruled as unconstitutional or at best would be challenged.
CLUB LEVEL
Proposal to deal with Alleged Breaches of the Code of Best Practice at Club level.
It is acknowledged that certain breaches of the Code that occur at Club level may
more often than not be instances of poor practice and can appropriately be dealt with
by the Club Children’s Officer in an informal manner. This could necessitate meeting
with the person who may be responsible for the poor practice or the minor breach of
the Code and resolving the issue amicably by agreement.
If it is not possible to resolve an issue in an informal manner the Club Children’s
Officer or the person making a complaint, or the person against whom the complaint
has been made, (if unhappy with the informal outcome), may refer the matter to the
Club Executive Committee for consideration.
Receiving a complaint or alleged breach
▪ The Club Executive may receive a complaint of alleged breaches of the Code from
members of the Club, members of other Clubs, from their Children’s Officer or
members of the public.
When the Club Executive receives an alleged breach of the Code of Best Practice
in Youth Sport they may:
1. Refer the matter to the Club or County Code of Best Practice in Youth Sport
Hearings Committee to be decided upon
2. Refer the alleged breach or complaint to the National Child Welfare and
Protection Committee to adjudicate upon in accordance with agreed procedures
3. Deem the alleged breach to be of such a nature that the complaint does not merit it
being forwarded to any other party for further action
4. Refer the matter to the Club Children’s Officer to be dealt with informally
5. Deal with the matter in accordance with Association disciplinary Rules
▪ Code of Best Practice in Youth Sport Hearings Committee
The Club Executive shall appoint a 3 person Code of Best Practice in Youth Sport
Hearings Committee to hear complaints or allegations of breaches of the Code at Club
level.
▪ The composition of the Committee shall reflect the integrated levels of the Club i.e.
membership for the GAA, Camogie and Ladies Football.
▪ The Club Code of Best Practice in Youth Sport Hearings Committee shall appoint,
from within its membership a Chairperson and Secretary. The Committee shall be
facilitated in its work by the Club Children’s Officer.
Code of Behaviour - Underage
How to Deal with Alleged Breaches 2
▪ Where a conflict of interest is perceived to exist for any member of the Committee,
when considering a complaint, they shall temporarily withdraw from such
deliberations but shall resume their membership of the Committee once the matter has
been decided upon in their absence.
▪ The Club Code of Best Practice in Youth Sport Hearings Committee shall have the
authority to determine if a complaint, allegation or reported misdemeanor is deemed
to be in breach of the Code of Best Practice in Youth Sport and shall determine what
action or sanction may be passed against the individual or individuals as a result of
the breach of the Code. (See guidelines on sanctions tba).
Processing an alleged breach of the Code at Club level
Club Executive Receives an
Alleged Breach of the Code
Refer to
Children’s
Officer for
Informal Action
Refer to Code
of Best Practice
Hearings
Committee
Refer to
National Child
Welfare
Committee
Code of Best Practice
& Code of Conduct
Appeals Panel
Take No
Further Action
Deal with
Alleged Breach
Under Rule
Association Deals
with Issue in
Accordance with Rule
Appeals
▪ Where a sanction has been imposed against an individual or a unit, following an
enquiry into an alleged breach of the Code of Best Practice in Youth Sport, whether at
Club, County, Provincial or National level, the individual or unit shall have the right
to appeal this decision to the National Child Welfare and Protection Committee.
Code of Behaviour - Underage
How to Deal with Alleged Breaches 3
COUNTY LEVEL
Dealing with alleged breaches of the
Code of Best Practice in Youth Sport at COUNTY level
▪
As has been previously acknowledged minor breaches of the Code that occur at
County level may often be categorised as instances of poor practice and can quite
appropriately be dealt with in these instances at County level by the County
Children’s Officer in an informal manner. This could necessitate meeting with the
person who may be responsible for the poor practice or the minor breach of the
Code and resolving the issue amicably and by agreement.
▪
If it is not possible to resolve an issue in an informal manner the County Children’s
Officer or the person making a complaint, or indeed the person against whom the
complaint has been made (if unhappy with the informal outcome), may refer the
matter to the Code of Best Practise in Youth Sport (County) Determining
Committee, for consideration.
Code of Best Practice in Youth Sport (County) Determining Committee
▪ All Counties shall appoint a 3 person Code of Best Practice in Youth Sport
Determining Committee to determine if a complaint or alleged breach of the Code
shall be dealt with in accordance with the Code or relevant Association disciplinary
rules.
▪ Each Committee shall consist of three persons, thus including a nominee proposed by
the relevant County Committee of the LGFA, the Camogie Association and the GAA.
▪ Where a conflict of interest is perceived to exist for any member of the Committee,
when considering a complaint, they shall temporarily withdraw from such
deliberations but shall return to the Committee once the matter has been decided upon
in their absence.
▪ The Committee shall appoint, from within its membership a Chairperson and
Secretary. The Committee shall be facilitated in its work by the relevant County
Children’s Officer.
▪ The Committee may receive allegations of alleged breaches of the Code from
members or units of the GAA. LGFA or the Camogie Association from Children's
Officers or members of the public
Code of Behaviour - Underage
How to Deal with Alleged Breaches 4
When the Determining Committee receives an alleged breach of the Code of Best
Practice in Youth Sport they may:
1. Refer the matter to the County or Club Code of Best Practice in Youth Sport
Hearings Committee to be decided upon
2. Refer it to the relevant Association unit (LGFA, Camogie and GAA) to be heard
under their disciplinary Rules
3. Deem the alleged breach to be of such a nature that the complaint does not merit it
being forwarded to any other party for further action
4. Refer the matter to the County Children’s Officer to be dealt with informally
5. Refer the alleged breach or complaint to the National Child Welfare and
Protection Committee to adjudicate upon in accordance with agreed procedures
Processing an alleged breach of the Code at County level
Alleged
Breach/Complain
t Received
Code of Best Practise in Youth Sport County
Determining Committee
.
Determines how a complaint may be dealt with
Refer to
Childrens
Officer for
Informal Action
Club or County
Code of Best
Practise
Hearings
Committee
Refer to
National Child
Welfare and
Protection
Committee
Code of Best
Practice & Code
of Conduct
Appeals Panel
Take No
Further Action
Referred under
rule to relevant
Association Unit
Association
deals with issue
in accordance
with Rule
Code of Best Practice in Youth Sport Hearings Committee (County)
Code of Behaviour - Underage
How to Deal with Alleged Breaches 5
▪ All Counties shall appoint a 3 person County Code of Best Practice in Youth Sport
Hearings Committee.
▪ The County Code of Best Practice in Youth Sport Hearings Committee shall have the
authority to determine if a complaint, allegation or reported misdemeanor is deemed
to be in breach of the Code of Best Practice in Youth Sport and shall determine what
action or sanction may be passed against an individual, individuals or a Club as a
result of the breach of the Code. (See guidelines on sanctions tba)
▪ Each Committee shall consist of a nominee of the LGFA, Camogie Association and
the GAA.
▪ The Committee shall appoint, from within its membership a Chairperson and
Secretary.
APPEALS
▪ Where a sanction has been imposed against an individual or a unit following an
enquiry into an alleged breach of the Code of Best Practice in Youth Sport, whether at
Club, County, Provincial or National level, the individual or unit shall have the right
to appeal this decision to the National Child Welfare and Protection Committee.
Provincial Level
▪ Alleged breaches of the Code of Best Practice in Youth Sport at Provincial level shall
be forwarded to the National Child Welfare and Protection Committee to be
adjudicated upon at that forum and in accordance with agreed procedures
.
National Child Welfare and Protection Committee
The National Child Welfare and Protection Committee shall be appointed by
Uachtarán CLG for a three year period, following consultations with LGFA,
Camogie, Handball and Rounders Associations. The Committee shall consist of at
least 7 members, two each nominated by the LGFA, Camogie and the GAA plus a
Chairperson appointed by Uachtarán CLG. (May also include non Gaelic Games personnel)
National Child Welfare & Protection Appeals Committee
▪
The National Child Welfare and Protection Appeals Committee shall be
appointed by
Uachtarán CLG, for a three year period. The Committee shall consist of at least
seven members two each nominated by the LGFA, Camogie and the GAA plus a
Chairperson appointed by Uachtarán CLG.
To be agreed: Guidelines on Sanctions
Guidance for Children’s Officers at Club and County level
Code of Behaviour - Underage
How to Deal with Alleged Breaches 6