The purpose of this document is to provide guidance on what steps to take if a complaint is made and an investigation into an alleged incident, harassment or code of conduct breach is required.  Persons making complaints should be advised that the Club has both an Informal and Formal investigation process to manage complaints and alleged incidents. Guidance should be provided, and clarification sought as required, around what route to take.

Informal Resolution

Complaints of a minor nature can be dealt with informally by coaches, managers and club members (e.g. refereeing decisions, uneven game time, touchline manner in need of correction).  Where the complainant wishes, a club representative may speak to the alleged offender on their behalf. This may result in issues being resolved, or mediation or reconciliation may be suggested as an option.

Mediation should treat the complaint not as an offence,  but as a breakdown in a relationship, or as a corrective measure to behaviour which could breach code of conduct if left unchecked.  For more serious issues, or if the unacceptable behaviour continues, the member should place the complaint in writing to initiate a Formal Incident Investigation.

Formal Resolution

Formal resolution may be appropriate where: the nature of the allegation is serious enough to breach code of conduct, or informal resolution is not considered appropriate or has failed. Should a formal investigation be deemed appropriate a lead investigator will be appointed. The investigator will usually be a committee member (although for extreme circumstances could be an external person). All parties should be offered a support person.

A formal investigation is likely to involve the following:

1. A formal written complaint is received by the team manager/ club representative
2. MBFC will appoint an investigator (either a committee member or an external person). In some cases, MBFC may appoint a panel of 2 (one as lead)
3. The Investigator(s) interviews and obtains from the complainant a detailed account of the allegations, identifying any potential witnesses; physical evidence of harassment
4. All parties should be advised against discussing the case openly  
5. The alleged person is notified that a complaint of an incident/harassment/code of conduct breach has been made and of the identification of the complainant (note that the complaints details may be withheld at the discretion of the investigator).  
6. The investigator(s) will meet with the alleged harasser, provide them with a copy of the complainant’s allegations and ask them for their response; any alternative explanation he or she has; potential witnesses; any physical evidence that may refute the allegation
7. Additional information may be gathered if necessary and this may include interviewing of other names relevant parties, recording dates, times, dates and alleged events using the witnesses words and checking with the witness to ensure accuracy
8. All parties involved in the investigations should be advised that the complaint is to be treated in strict confidence
9. All parties should be invited to bring a support person to any interview

Following a formal investigation a formal report shall be prepared and shall include a finding as to whether the alleged incident, harassment or code of conduct breach has occurred or not. There may be little direct proof that what was alleged did happen.  On the balance of probabilities, the investigator should be satisfied that the allegations are correct before making a decision that the complaint is well founded.  The investigator may feel unable to decide one way or the other on the evidence.  In this case the decision will be that the complaint cannot be established.  

If the alleged incident, harassment or code of conduct breach is found to have occurred, the investigator may suggest a recommended course of action, however the MBFC President will have the decision on the final course of action.  All meetings, discussions and interviews should be fully documented throughout the investigation.

Serious Incidents, Committee members and Coaches

If the alleged Incident is serious in nature, or is in relation to a committee member or coach, the Club President or Delegate may decide that the person vacate their club position for the duration of the investigation.  The Club President or Delegate may also share decision-making with the Secretary and Treasurer, although the President retains the casting vote.

Incidents may be referred to Sport Waikato, WSSAF, MBAS, WAIBOP, New Zealand Football, NZ Police or other relevant authorities.

If the allegation is of a sexual nature, involving a minor, the NZ Police must be notified immediately.

Version 3:  02 January 2020  D ALLEN