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Squad Rules
DERVENTIO EXCEL SWIM SQUAD CONSTITUTION
- 1 Name
- 1.1 The name of the Club shall be Derventio eXcel Swim Squad.
- 2 Objects
- 2.1 The objects of the Club shall be the coaching, promotion and encouragement of performance swimming.
- 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 the A.S.A. East Midland Region and Derbyshire A.S.A. and such other bodies as the AGM may decide.
- 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.
- 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.
- 2.3.4 Members shall conform to Committee instructions.
- 2.4 By virtue of the affiliation of the Club to A.S.A. East Midland Region and Derbyshire A.S.A, the Club and all members of the Club acknowledge that they are subject to the laws, rules and constitutions of:
- 2.4.1 A.S.A. East Midland Region, Derbyshire A.S.A. and any other body to which it is affiliated.
- 2.4.2 The Amateur Swimming Association (to include the A.S.A./IOS Code of Ethics).
- 2.4.3 British Swimming (in particular its Doping Control Rules and Protocols and Disciplinary Code).
- 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.
- 2.6 Any rule, or any decision, practices or action of the Council, Committee or any Officer of the Club, which is, or becomes, contrary to the Laws of the A.S.A, shall be null and void.
- 3 Membership
- 3.1 Members shall be of the following categories: -
- (i) Life Member
- (ii) Full Member (competitors aged 18 and over)
- (iii) Swimmer Member (swimmers aged under 18)
- (iv) University Member
- (v) Disability Squad Member
- (vi) Supporter Member
- 3.2 All competing Members shall be eligible as defined by A.S.A. Law. Members in categories (ii), (iii), (iv) and (v) shall also be a Member of a Club affiliated to Derbyshire A.S.A. All Members shall be Members of the A.S.A.
- 3.3 For all swimmer members membership of the squad shall be by selection only using the current selection criteria.
- 3.4 All Full Members, Swimmer Members, University Members and Disability Squad Members shall complete an appropriate application form, which, together with such membership fee as shall have been determined, shall be submitted to the Membership Secretary. Where necessary the membership shall be approved by the Committee. Persons with parental responsibility are to sign the form on behalf of those under 18 years of age.
- 3.5 Any person who wishes to become a Supporter member of the Club (excepting those included for swimmers under 18 years (see Rule 4.3)) must submit a signed application to the Membership Secretary. Election to membership shall be determined by the Membership Applications sub-committee but other person(s) authorised by the committee may make recommendation as to the applicant's acceptability. The Membership Applications sub-committee 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 A.S.A. East Midland 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.
- 3.6 Life membership may be given to any person who has rendered good service to the Club. Nominations should be submitted to the Club Committee who may make recommendations to the AGM.
- 3.7 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.
- 3.8 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.
- 4 Subscription and Other Fees
- 4.1 The annual membership subscription and coaching and squad fees shall be determined from time to time by the Committee and the Committee shall in so doing make special provision for different categories of membership as it shall determine.
- 4.2 Membership fees for all categories shall be fixed annually. This shall be due on joining the Club and thereafter on the 1st day of January each year. The Officers of the Club shall have the discretion in exceptional circumstances to remit all or part of the fees.
- 4.3 Membership fees for all Swimmer Members (competitors aged under 18 years) shall include a Supporter Membership for a parent or guardian.
- 4.4 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.
- 4.5 The Committee shall, from time to time, have the power to determine the annual membership subscription and other fees. This shall include the power to make such increase in the subscription as shall, where the Club pays the individual A.S.A. Membership Fees to the A.S.A. on behalf of non-swimmer members, be consequential upon an increase in individual A.S.A. membership fees. Any increase in subscriptions shall be advised to the members with the reasons for any increase to be reported to the members at the next Annual General Meeting.
- 5 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 Notwithstanding the provisions of Rule 5.1 above, a member whose subscription is more than two months in arrears and who has not contacted the Treasurer about this matter 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.
- 5.3 Any member leaving the Club owing money for any reason will be reported to the A.S.A.
- 6 Expulsion and other Disciplinary action
- 6.1 The Committee shall have power to expel a member when, in 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 by a two-thirds majority 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.
- 7 Committee
- 7.1 The Committee shall consist of the Chairman, Honorary Secretary, Honorary Treasurer (together "the Executive Officers of the Club"), the Head Coach and 8 elected members all of whom must be members of the Club. The club shall have a Welfare Officer. All Committee members must be not less than 18 years of age though the Committee may allow younger member(s) to attend their meetings without power to vote.
- 7.1.1 The Head Coach (and other coaching staff) will be recruited as required by the committee on behalf of the members.
- 7.2 The Annual General Meeting of the Club, if it thinks fit, may elect a President and Vice-Presidents. A President or Vice-President need not be a member of the association and on election shall, ex officio, be an honorary member of the Club and must be included in the Clubs Annual Return of Members to the A.S.A.
- 7.3 The Committee members shall be proposed, seconded and elected by ballot at the Annual General Meeting. Election to the Committee shall be for three years. One third of the members of the Committee shall retire annually but shall be eligible for re-election. The members so retiring being those who have been longest in office. Any casual vacancy occurring by resignation or otherwise may be filled by the Committee but any member so chosen shall retire at the next Annual General Meeting but shall be eligible for re-election at that Meeting.
- 7.4 Committee meetings shall be held not less than quarterly and the Quorum shall be 50% of the Committee including at least two Officers. 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 one day 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.
- 7.5 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 Secretary and Chairman.
- 7.6 In addition to the members so elected the Committee may co-opt up to 4 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.
- 7.7 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.
- 7.8 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 independent examiner to be appointed by the members in General Meeting. The Committee shall also have power to make regulations and to settle disputed points not otherwise provided for in this Constitution.
- 7.9 The members of the Committee shall be entitled to an indemnity out of the assets of the Club for all expenses and other liabilities properly incurred by them in the management of the affairs of the Club.
- 7.10 The Committee shall maintain an Accident Book in which all accidents to club members at swimming related activities shall be recorded. This book will be held by the Welfare Officer. 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.
- 8 Annual General Meeting
- 8.1 The AGM shall be held whenever possible during June each year. The date for the Annual General Meeting shall be fixed by the Committee.
- 8.2 The purpose of the Annual General Meeting is to transact the following business:
- 8.2.1 To receive the Chairman's report of the activities of the Club during the previous year.
- 8.2.2 To receive and consider the accounts of the Club for the previous year and the report on the accounts of the independent examiner and the Treasurer's report as to the financial position of the Club.
- 8.2.3 To receive the Head Coach's report of the swimming programme during the previous year and what is expected to happen in the following year.
- 8.2.4 To remove and elect the independent examiner (who must not be a member of the Committee or a member of the family of a member of the Committee) or confirm that he remain in office.
- 8.2.5 To elect the Executive Officers and other members of the Committee.
- 8.2.6 To decide on any resolution which may be duly submitted in accordance with Rule 8.3.
- 8.3 Nominations for election of members to any office or for membership of the Committee shall be made in writing by the proposer and seconder to the Secretary not later than 10th May. The nominee shall be required to indicate in writing on the nomination form his willingness to stand for election. Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the Secretary not later than 10th May.
- 9 Special General Meeting
- 9.1 A Special General Meeting may be called at any time by the Committee. A Special General Meeting shall be called by the Secretary within 28 days of receipt by him of a requisition in writing signed by not less than 10 members entitled to attend and vote at a General Meeting, stating the purposes for which the meeting is required and the resolutions proposed.
- 10 Procedure at the Annual and Special General Meetings
- 10.1 The Secretary shall personally be responsible for the handing out or sending to each member at his last known address a written agenda giving notice of the date, time and place of the General Meeting together with the resolutions to be proposed thereat at least 14 days before the meeting and in the case of the Annual General Meeting a list of the nominees for the Committee posts and a copy of the examined accounts. The Secretary may, alternatively, with the agreement of member(s) concerned distribute these materials by e-mail or similar form of communication. The Notice of Meeting shall in addition wherever possible be displayed on the Club Notice Board where one exists.
- 10.2 The quorum for the Annual and Special General Meetings shall be 10 members entitled to attend and vote at the Meeting.
- 10.3 The Chairman, or in his absence a member selected by the Committee, shall take the chair. Each member present shall have one vote and resolutions shall be passed by a simple majority. For the procedures for submitting resolutions to be considered at a General Meeting members are referred to Rule 8.3. In the event of an equality of votes the Chairman shall have a casting or additional vote. Only paid up members who have reached their 18th birthday shall be entitled to be heard and to vote on all matters. (Members who have not reached their 18th birthday shall be entitled to be heard and vote only on those matters determined by the Chairman as matters concerning juniors).
- 10.4 The Honorary Secretary/Minutes Secretary, or in his absence a member of the Committee, shall take minutes at the Annual and Special General Meetings.
- 10.5 The Chairman shall at all General Meetings have unlimited authority upon every question of order and shall be, for the purpose of such meeting, the sole interpreter of the Rules of the Club.
- 11 Alteration of the Rules and other Resolutions
- 11.1 The rules may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a majority of at least 50% of members present and entitled to vote at the General Meeting. No amendment(s) to the rules shall become effective until such amendment(s) shall have been submitted to and validated by such person as is authorised to do so by the A.S.A. East Midland Region (excepting Rules 15.1 & 15.2).
- 11.2 Amendments to Rules 15.1 & 15.2 shall not become effective until such amendment(s) shall have been submitted to and validated by such person as is authorised to do so by the Derbyshire A.S.A.
- 11.3 Any member shall be entitled to put any proposal for consideration at any Annual General Meeting provided the proposal in writing shall have been handed to or posted to the Secretary of the Club so as to be received by him not later than 10th May. In the case of a Special General Meeting a minimum of ten members shall be entitled to put any proposal for consideration at any Special General Meeting, provided the proposal in writing shall have been handed to or posted to the Secretary of the Club so as to be received by him not later than 18 days before the date of the meeting and thereafter the Secretary shall supply a copy of the proposal or resolution to the members in the manner provided in Rule 10.1.
- 12 By-Laws
- 12.1 The Committee shall have power to make, repeal and amend such by-laws as they may from time to time consider necessary for the well being of the Club which by-laws, repeals and amendments shall have effect until set aside by the Committee or at a General Meeting.
- 13 Finance
- 13.1 All moneys payable to the Club shall be deposited in a bank account in the name of the Club. No sum shall be drawn from that account except by cheque signed by, or electronic transfer authorised by, any two of the three signatories.
- 13.2 The income and property of the Club shall be applied only in furtherance of the objects of the Club and no part thereof shall be paid by way of bonus, dividend or profit to any members of the Club.
- 13.3 The Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the Club and to any other person or persons for services rendered to the Club.
- 13.4 The financial transactions of the Club shall be recorded by the Treasurer in such manner as the Committee thinks fit.
- 13.5 The financial year of the Club shall be the period commencing on 1st April and ending on 31st March. Any change to the financial year shall require the approval of the members in a General Meeting.
- 13.6 The Committee shall retain for a minimum period of six years all financial records relating to the club and copies of Minutes of all meetings.
- 13.7 A Finance sub-committee shall be appointed at the first committee meeting after the AGM.
- This sub-committee is to:
- 13.7.1 Consist of the Club Chairperson, Club Secretary, Club Treasurer and two others from the Club Committee Members. This sub-committee is to have full power to co-opt for special purposes. Such co-opted Members shall not have voting powers.
- 13.7.2 The Quorum shall be four.
- 13.7.3 The Finance sub-committee shall be responsible for the coordination of the financial side of the Club's work. Any fundraising to be done by, or on behalf of, the Club should be done in consultation with this sub-committee.
- 14 Borrowing
- 14.1 The Committee may borrow money on behalf of the Club, for the purposes of the Club with the prior approval of a General Meeting for any expenditure, additions or improvements.
- 14.2 The Committee shall have no power to pledge the personal liability of any member of the Club for the repayment of any sums so borrowed.
- 15 Competitions
- 15.1 The areas of competition in which the Club may compete are as follows: -
- (i) East Midland Region Individual and Team Championships including Age Group, Youth and Senior Championships.
- (i) A.S.A. Individual and Team Championships.
- (ii) ASFGB Individual and Team Championships.
- (iii) Open Meets organised by Clubs who are not affiliated to Derbyshire A.S.A.
- 15.2 The Club shall not compete in the following competitions, neither shall Members of the Club be entered in the name of the Club in these events: -
- (i) Derbyshire A.S.A. County Championships.
- (ii) Derbyshire and Nottinghamshire Junior Swimming League.
- (iii) Derbyshire A.S.A. Team Swimming Leagues.
- (iv) The Speedo Swimming League.
- (v) Leicestershire Swimming Leagues.
- (vi) Any Open competition organised by a Club who is affiliated to the Derbyshire A.S.A.
- 16 Dissolution
- 16.1 A resolution to dissolve the Club shall only be proposed at a General Meeting and shall be carried by a majority of at least three- quarters of the members present and entitled to vote. A specific date for the dissolution shall be included in the resolution.
- 16.2 The dissolution shall take effect from the date specified in the resolution and the members of the Committee shall be responsible for the winding-up of the assets and liabilities of the Club.
- 16.3 Any property remaining after the discharge of the debts and liabilities of the Club shall be given to a charity or charities (or other non-profit making organisation having objects similar to those of the Club for the furtherance of such objects) nominated by the last Committee.
- 17 Acknowledgement
- 17.1 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.