Clubmark Accreditation

Clubmark Accreditation

Clubmark accreditation is recognition by both the Surrey County Cricket Board and the ECB that Sunbury excels in delivering high quality community cricket, especially to our Colts.

The England & Wales Cricket Board (ECB), as part of their club accreditation programme, uses Sport England’s national accreditation scheme, Clubmark, for cricket clubs with junior sections. Being Clubmark accredited means those clubs are safe, effective and child friendly.

Clubmark helps give cricket clubs with a junior section a structure and direction that will benefit them in several ways.

Amongst the benefits of Clubmark accreditation are:

Increasing membership and being able to demonstrate that clubs have addressed issues such as equality and child protection gives confidence to parents choosing a club for their children.

Developing a club. The foundation for any club is its youth structure. By encouraging and attracting young members, clubs are building a strong future for themselves.

Developing coaches and volunteers as part of the accreditation scheme, clubs are given help and advice in developing the skills of everyone involved in your club.

Raising a club’s profile once accredited, clubs will be listed on the national database and in other sporting directories that will help them attract new members and to grow.

The Management Committee and coaching team have been working with Surrey Cricket Board over the last 18 months to put in place the policies, procedures and best working practices to reach the required level.

The following are the main documents which provide evidence that Sunbury Cricket Club is committed to maintaining a safe, child-friendly environment in which to offer some of the best Colt’s cricket coaching and development in the county.


Policies and procedures are important, but as always it is the care, experience and skill of the cricket coaches that make Sunbury Cricket Club a great place for Colts cricket.

Constitution and Rules of Sunbury Cricket Club

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1. THE CLUB

The Club shall be called SUNBURY CRICKET CLUB. The purposes of the Club are to promote the amateur sport of cricket in Sunbury and community participation in the same.

2. COLOURS

The Club's colours shall be Royal Blue, Navy Blue and White. The official club playing shirt should be worn in all competitive matches.

3. MEMBERSHIP

Membership of the Club shall be open to anyone interested in sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non discriminatory basis. The Club may have different classes of membership and subscription on a non discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating. The Management Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal of membership may be made. In connection with membership and the running of the Club, the Management Committee will have due regard to the law on disability discrimination and child protection.

4. LIFE MEMBERS AND VICE PRESIDENTS

Life Members and Vice presidents shall be elected at the Annual General Meeting and notice of nominations shall be given in writing at least 21 days before the Annual General Meeting. However, at its discretion, the Management Committee shall be empowered to elect Vice-Presidents during the year. Life Members and Vice-Presidents shall be entitled to all the rights and privileges of other Members, but only those who pay a playing member subscription will be entitled to vote for Captains and Vice-Captains.

5. NON-PLAYING MEMBERS

Non-Playing Members shall be admitted on payment of an annual subscription; the amount shall be determined annually by the Management Committee, and published prior to the commencement of each season. Spouses/partners of members shall be regarded as honorary Non-Playing Members but to be entitled either to call or support a call by a Member for a General Meeting, or to vote, they must be members in their own right, having paid the annual subscription applicable to Non-Playing Members. Family membership may be made available at the discretion of the Management Committee for parents/guardians of Colts in which event such parents/guardians shall be regarded as honorary Non-Playing Members. However, to be entitled either to call or support a call by a Member for a General Meeting, or to vote, the parents/guardians must be members in their own right, having paid the annual subscription applicable to Non-Playing Members. The Management Committee may, at its discretion, admit pensioners at a reduced rate. Non-Playing Members shall have the same rights and privileges as other Members, with the exception of voting for Captains and Vice-Captains.

6. PLAYING MEMBERS

Subscriptions and Match Fees shall be determined annually by the Management Committee, and published prior to the commencement of each season.

7. OFFICIALS

The Officials of the Club shall be the President, Chairman, Honorary Secretary, Honorary Treasurer, and Honorary Colts Manager.

8. MANAGEMENT

a) MANAGEMENT COMMITTEE
The management of the Club shall be vested in a Management Committee comprising the Officials of the Club, the Chairman of the Cricket Sub-Committee, the Chairman of the Funding Sub-Committee (hereinafter called 'the Committee Members'). A quorum shall consist of 4 who shall include at least 1 Official. The Officials and Committee Members shall be elected annually at the Annual General Meeting or at an Extraordinary General Meeting called for that purpose. The Officials and Committee Members duly elected will appoint a Club Welfare Officer who will be co-opted to the Management Committee. The Officials and Committee Members may co-opt a maximum of four other Members to the Management Committee.
b) ELIGIBILITY
No Member shall be eligible for election as an Official or Committee Member unless nominated in writing by a proposer and seconder, both of whom shall be Members. Any Committee Member absent from two consecutive Committee Meetings without reason acceptable to the Committee shall be deemed to have resigned from the Committee.
c) SUB-COMMITTEES
The Management Committee shall have the power to appoint such Sub-Committees as it thinks proper for the running of the Club, and to appoint representatives to these Sub-Committees. Such Sub-Committees must include a Cricket Sub-Committee, a Funding Sub-Committee, and a Colts Sub-Committee. The Colts Sub-Committee shall comprise the Honorary Colts Manager, Welfare Officer and a maximum of three official Club coaches and one Colts Playing Member. The Chairman, Honorary Secretary and Honorary Treasurer shall be ex-officio members of all Sub-Committees.
d) CLUB CAPTAIN
A Club Captain, who may or may not be the 1st X1 Captain, may be nominated by the Cricket Sub-Committee after the Annual General Meeting but any such nomination must be endorsed by the Management Committee.
e) REPRESENTATIVE(S) ON THE SUNBURY SPORTS ASSOCIATION MANAGEMENT COMMITTEE
At its first meeting after the Annual General Meeting, the Management Committee shall appoint a representative, or representatives, to serve on the Sunbury Sports Association Management Committee. The representative, or one of the representatives if more than one is appointed, shall be a member of the Cricket Club Management Committee, co-opted if necessary.

9. FINANCE

The property and funds of the Club cannot be used for the direct or indirect private benefit of members, and all surplus income is reinvested in the Club. The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, match refreshments, reasonable expenses at the discretion of the Management Committee, and any other ordinary benefits of Community Amateur Sports Clubs [CASCs] as provided for in the Finance Act 2002. In connection with the sports purposes of the Club, it may
[a] sell and supply food and drink, and sports clothing and equipment;
[b] employ members (though not for playing) and remunerate them for providing goods and services on fair terms set by the Management Committee independently i.e. without the person concerned being involved in any discussion concerning such terms;
[c] pay for reasonable hospitality for visiting teams and guests;
[d] indemnify the Management Committee and members of the Management Committee acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club (albeit only to the extent of its assets).
All proposed unbudgeted expenditure on behalf of the Club must have the approval of the Management Committee before it is committed.

10. AUDITOR

The Honorary Treasurer's accounts up to the 31st March of each year shall be audited and certified by a qualified accountant, or firm of qualified accountants, appointed by the Management Committee and confirmed at the Annual General Meeting.

11. CAPTAINS AND VICE-CAPTAINS

The Captain and Vice-Captain of each Saturday league team and the 'Sunday Cricket Representative' shall be elected at the Annual General Meeting by Playing Members, including Colts at the discretion of the Committee, provided that at least one third of the total Playing Members (excluding Colts for the purpose of calculating the required number) are present at such Meeting. No Member shall be eligible for election as Captain or Vice-Captain of any team unless a) he has been nominated in writing by a proposer and seconder, both of whom shall be Playing Members - such nominations to be delivered to the Honorary Secretary at least 2 days before the Annual General Meeting - and b) he has paid the appropriate Playing Member subscriptions in accordance with Rule 6.

12. CRICKET SUB-COMMITTEE

The Cricket Sub-Committee (which will also constitute the Selection Committee) shall comprise the elected Sub-Committee Chairman, Club Captain (if nominated), the Captain of each Saturday League Team and the Sunday Cricket Representative. Vice Captains can attend as required by the committee or by their Captain. The Cricket Sub-Committee shall appoint a Fixture Secretary who can attend as required but cannot vote on team selection matters.

13. WELFARE OF YOUNG PEOPLE

(a) To ensure the safety and welfare of young people involved in club activities and to safeguard them and protect them from reasonably foreseeable forms of harm, the ECB "Welfare of Young People in Cricket" policy is adopted by the Club as "best practice".
(b) All members are required to understand and adhere to the code of conduct and any relevant procedures.
(c) A Club Welfare Officer will be appointed by the Management Committee.

14. ANNUAL GENERAL MEETING

The Annual General Meeting shall be held during the month of November each year. At this Meeting, the Honorary Secretary shall submit a report of the year's working and the Honorary Treasurer shall submit his audited accounts and the Auditor shall give any report that shall be necessary. No business will be included in the agenda of the Annual General Meeting unless it has been submitted by the Management Committee or by any Member who shall have given the Honorary Secretary written notice at least 21 days prior to the Meeting of his proposed motion. A notice of the Meeting, together with the agenda and a copy of the accounts, shall be circulated by the Honorary Secretary to all Members at least 7 days prior to the Meeting.

15. EXTRAORDINARY GENERAL MEETING

An Extraordinary General Meeting may be called by the Management Committee or by any Member on a written proposition to the Honorary Secretary supported by at least 20 Members of the Club.

16. GENERAL MEETING

All questions submitted to a General Meeting shall be decided by a simple majority of those Members present and voting.

17. AFFILIATIONS

All Members shall obey the rules of any organization to which this Club is affiliated.

18. INTERPRETATION OF RULES

The Management Committee shall be the sole authority for the interpretation of these Rules and also upon any matter arising not provided for in these Rules and affecting the Club. Interpretation of all the Rules must be consistent with the statutory requirements for CASCs (which means Community Amateur Sports Clubs as first provided for by the Finance Act 2002). The Management Committee's decision shall be final.

19. ALTERATION TO RULES

No alteration, addition or deletion of these Rules shall be made except at the Annual General Meeting, or at any Extraordinary General Meeting called for that purpose. Any proposition for the alteration, addition or deletion of a Rule or Rules shall be submitted in writing to the Honorary Secretary at least 21 days before the Meeting. The proposition shall be circulated to all Members by the Honorary Secretary at least 7 days prior to the Meeting.

20. WINDING UP

For consideration to be given to the winding up of the Club, an Extraordinary General Meeting may be called by the Management Committee, or by any Member on a written proposition to the Honorary Secretary supported by at least 20 Members of the Club. The proposition shall be circulated to all Members by the Honorary Secretary at least 7 days prior to the Meeting. Any proposal for the winding up of the Club will only be passed if not less than three quarters of those present and voting at the Extraordinary General Meeting support the proposal. In such an event, the Management Committee will be responsible for the orderly winding up of the Club's affairs. After settling all liabilities of the Club, the Management Committee shall dispose of the net assets remaining to one or more of the following:- [a] to another Club with similar sports purposes which is a registered CASC and/or [b] to the Club's governing body for use by them for related community sports.

These rules were updated following the amendments approved at the Annual General Meting held on 18 November 2005

M J Lowe, Chairman
J K M White, Secretary



Summary Development Plan, Mission and Objectives

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Sunbury Cricket Club Mission

Sunbury CC's aim is to be at the forefront of domestic cricket in SE England. We will establish a vibrant membership at all levels, maximising development of our players by providing professional coaching to senior players and an Academy Director to support the qualified coaches for all colts age groups.

Aim 1: Harness and develop young cricketers

Maintain a Colts section above 200, 100+ at u10 and below, 100+ at u11 - u15. 10+ Colts to progress to Academy and Senior sides. 15+ Colts to play for County or District teams. Prepare for new facilities, particularly new caged nets, to support reputation as 'the best club for Colts'. Maintain 1st Class coaching to all age groups weekly and compete at the top of Colts Competitive cricket in West Surrey and Area Middlesex leagues and cups. Trial Colts cricket week.

Aim 2: Develop a pathway for girls'/women's cricket

To develop opportunities for increased participation of girls in the colts grasshopper sessions. To strengthen links with Shepperton Ladies CC to ensure proper progression and development of young girl cricketers. Consider the possibility of creating our own colts girls team over the next 3 years.

Aim 3: Promote cricket opportunities for disabled people

Endeavour to cater for the diverse nature of all cricketing opportunities (funding permitting). Make necessary changes to the clubhouse infrastructure to cater for a diverse user group.

Aim 4: Develop and promote cricket for black and ethnic minorities

Enshrine equal opportunity principles in all club initiatives. Ensure that black and ethnic minorities are fairly represented throughout the club, at least in line with local community demographics.

Aim 5: Be an important part of local community

Throughout the club membership retain the importance of the local community. - 40% members live within 3 miles of the club. Strengthen local school links, particularly with Halliford school. Involve local community in Natwest CricketForce event. Develop a strong culture of participation and volunteering. Encourage fundraising activity to partner with local charity, Shooting Star Trust.

Aim 6: Strengthen senior playing teams as positive role models for the whole club

In 2008, Enhance the role of the 'Director of Cricket' to include a direct involvement in team selection at all levels. By 2009, create an Academy Director role to greater focus on the development of younger club players at senior levels. From April 2008, form a closer team working ethic amongst the Captains to ensure that 'Team Sunbury' is successful at all levels. Aim for Top 3 position in all leagues and 1 Cup final place. From 12/4/08, ensure all senior outdoor net sessions take place on grass strips. Hold regular feedback sessions with captains and players to ensure full adherence of the 'spirit of cricket' ethos.




Cricket Summary - 2007

1. Sunbury 1st XI finished a creditable 5th in the Premiership in their return to the top flight.

2. Sunbury 2nd XI finished 4th after having been league winners in 2006. However we fielded by far the youngest team in the league so the future looks bright.

3. Sunbury 3rd XI finished 3rd in the league losing only to the 2 teams who finished above us. Again, 8 Colts had an opportunity over the season to play in the 3rds making us a great blend of youth and experience!

4. 4th XI had a tough year, losing in all games played. Opportunities in a new league for 2007 should bring more success.
5. Colts teams made 11 semi-finals from 8 different age groups. A total of 4 trophies were won.

6. Team of the year were the u15's who achieved the Middlesex Cup and League double. In the National Cup they were knocked out by Tunbridge Wells who went on to become National Champions.

7. Congratulations to Stuart Poynter who played for Ireland u19 in the World Cup in Kuala Lumpa in February 2008. Also congratulations to Joel Pope who has signed a 2 year contract with Leicestershire.

8. Congratulations to the 8 Colts who played County Cricket and 10 more who played District Surrey /Area Middlesex cricket.

Code of Conduct for Cricket members and guests

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All Members and Guests of Sunbury Cricket Club will:

Respect the rights, dignity and worth of every person within the context of Cricket.

Treat everyone equally and not discriminate on the grounds of age, gender, disability, race, ethnic origin, nationality, colour, parental or marital status, religious belief, class or social background, sexual preference or political belief

Not condone, or allow to go unchallenged, any form of discrimination if witnessed

Display high standards of behaviour

Promote the positive aspects of Cricket e.g. fair play

Encourage all participants to learn the Laws and rules and play within them, respecting the decisions of match officials

Actively discourage unfair play, rule violations and arguing with match officials

Recognise good performance not just match results

Place the well-being and safety of Young People above the development of performance

Ensure that activities are appropriate for the age, maturity, experience and ability of the individual

Respect Young People's opinions when making decisions about their participation in Cricket

Not smoke, drink or use banned substances whilst actively working with Young People in the Club.

Not provide Young People with alcohol when they are under the care of the Club

Follow ECB guidelines set out in the "Safe Hands - Cricket's Policy for Safeguarding Children' and any other relevant guidelines issued

Report any concerns in relation to a Young Person, following reporting procedures laid down by the ECB


In addition to the above, all Club Officers and Appointed Volunteers will:

Hold relevant qualifications and be covered by appropriate insurance

Always work in an open environment (i.e. avoid private or unobserved situations and encourage an open environment)

Inform Players and Parents of the requirements of Cricket

Know and understand the ECB's 'Safe Hands - Cricket's Policy for Safeguarding Children'


If any member or guest has any questions relating to this policy or any concerns they wish to raise please contact;

Frank Sharman 01932 783869 Honorary Colts Manager and Welfare Officer
Jane Cowell 020 8287 6962 Assistant Welfare Officer

Approved and adopted by the Management Committee January 2008


Guidelines for dealing with incidents and accidents

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A map to the local hospital can be found by the public telephone in the clubhouse



Stay calm but act swiftly and observe the situation. Is there danger of further injuries? Listen to what the injured person is saying. Alert the qualified First Aider who should take appropriate action for minor injuries. In the event of an injury requiring specialist treatment, call the emergency services - 999. The telephone number for NHS Direct is: 0845 46 47. Deal with the rest of the group and ensure that they are adequately supervised and safe. Do not move someone with major injuries. Wait for the emergency medics. Contact the injured person's parent/carer/guardian. Complete an Incident/Accident Report Form.

Code of Conduct set of rules for Young People

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Sunbury Cricket Club is fully committed to safeguarding and promoting the wellbeing of all its members. We believe that it is important that members, coaches, administrators and parents/carers or guardians associated with the club should, at all times, show respect and understanding for the safety and welfare of others.

Therefore, members are encouraged to be open at all times and to share any concerns or complaints that they may have about any aspect of the club with Frank Sharman, Honorary Colts Manager and Welfare Officer - 01932 783869, Jane Cowell, Assistant Welfare Officer - 020 8287 6962 or any member of the Management Committee listed above.

As a member of Sunbury Cricket Club you are expected to abide by the following junior code of conduct:

All members must play within the rules and respect officials and their decisions.
All members must respect the rights, dignity and worth of all participants regardless of gender, ability, cultural background or religion.
Members should keep to agreed timings for training and competitions or inform their coach or team manager if they are going to be late.
Members must wear suitable kit for training and match sessions, as directed and agreed with the coach/team manager.
Members must pay any fees for training or events promptly.
Junior members are not allowed to smoke on club premises or whilst representing the club at competitions.
Junior members are not allowed to consume alcohol or drugs of any kind on the club premises or whilst representing the club.

Approved and adopted by the Management Committee January 2008.


Sunbury Cricket Club has reviewed and adopted the Equity Policy set out by the ECB

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ECB Cricket Equity Policy.

1. Statement of Intent

1.1 The ECB is fully committed to the principles of equality of opportunity and aims to ensure that no individual receives less favourable treatment on the grounds of age, gender, disability, race, ethnic origin, nationality, colour, parental or marital status, pregnancy, religious belief, class or social background, sexual preference or political belief. This includes job applicants, employees, participants, volunteers and spectators.
1.2 The ECB will ensure that there will be open access to all those who wish to participate in all aspects of cricket and that they are treated fairly.
1.3 The ECB specifically supports initiatives by other organisations within cricket which recognise the principles of equality of opportunity and treatment such as the International Cricket Council Anti-Racism Policy and the Professional Cricketers Association's Racism Awareness Campaign.

2. Purpose of the Policy

2.1 The ECB recognises that certain sections of the community may have been affected by past discrimination and may have felt denied the opportunity to participate equally and fully in sport at all levels.
2.2 This policy has been produced to prevent/tackle any potential/current discrimination or other unfair treatment, whether intentional or unintentional, direct or indirect, against its employees, members and volunteers.
2.3 This policy is applicable to the game of cricket at all levels and in all roles.

3. Actions

3.1 The ECB will produce and maintain an action plan to ensure the intent of this policy is delivered.
3.2 All areas of the organisation will be affected by this action plan, which will be incorporated in to the overall business plan.
3.3 The ECB recognises that, in some cases, to achieve the principle of equality, unequal effort is required and, if appropriate, will consider positive action to tackle under representation.

4. Legal Requirements

4.1 The ECB recognises its legal obligations under, and will abide by the requirements of, the following:
Equal Pay Act 1970
Rehabilitation of Offenders Act 1974 (and Exemptions Order 1975)
Sex Discrimination Acts 1975, 1986 & 1999
Race Relations Act 1976 and the Race Relations Amendment Act 2000
Children Act 1989 and 2004
Disability Discrimination Act 1995
Data Protection Act 1998
Human Rights Act 1998
Criminal Justice and Court Services Act 2000
Employment Equality (Sexual Orientation) Regulations 2003
Employment Equality (Religion and Belief) Regulations 2003
Employment Equality (Age) Regulations 2006

This includes any later amendments to the above Acts / Regulations, or future Acts / Regulations that are relevant to the ECB.
4.2 The ECB will seek legal advice each time the policy is reviewed to ensure it continues to comply with all legislation requirements.

5. Discrimination, harassment and victimisation

5.1 Discrimination can take the following forms:
5.1.1 Direct Discrimination. This means treating someone less favourably than you would treat others in the same circumstances.
5.1.2 Indirect Discrimination. This occurs when a job requirement or condition is applied equally to all, which has a disproportionate and detrimental affect on one sector of society, because fewer from that sector can comply with it and the requirement cannot be justified in relation to the job.
5.2 Harassment is described as inappropriate actions, behaviour, comments or physical contact that is objectionable or causes offence to the recipient. It may be directed towards people because of their gender, appearance, race, colour, ethnic origin, nationality, age, sexual preference, a disability or some other characteristic. The ECB is committed to ensuring that its employees, members, participants and volunteers are able to conduct their activities free from harassment or intimidation.
5.3 Victimisation is defined as when someone is treated less favourably than others because he or she has taken action against the ECB under one of the relevant Acts / Regulations (as previously outlined) or provided information about discrimination, harassment or inappropriate behaviour.
5.4 The ECB regards discrimination, harassment or victimisation, as described above, as serious misconduct and any employee, volunteer or participant who discriminates against, harasses or victimises any other person will be liable to appropriate disciplinary action.

6. Responsibility, implementation and communication

6.1 The following responsibilities will apply:
6.1.1 The Board is responsible for ensuring that this Equity Policy is followed and to deal with any actual or potential breaches.
6.1.2 The Chief Executive has the overall responsibility for the implementation of the Equity Policy.
6.1.3 A specific member of staff, designated by the Chief Executive, has the overall responsibility for achieving the equity action plan as this will form part of their work programme.
6.1.4 All employees, volunteers and members have responsibilities to respect, act in accordance with and thereby support and promote the spirit and intentions of the policy and, where appropriate, individual work programmes will be amended to include equity related tasks.
6.2 The new policy will be implemented immediately following Board agreement and, at a corporate level, will result in the following:
6.2.1 A copy of this document will be available to all staff (both permanent and contract), members and volunteers of the ECB.
6.2.2 The ECB will take measures to ensure that its employment practices are non-discriminatory.
6.2.3 No job applicant will be placed at a disadvantage by requirements or conditions which are not necessary to the performance of the job or which constitute unfair discrimination.
6.2.4 A planned approach will be adopted to eliminate barriers which discriminate. The ECB will ensure that best practice is extensively promoted and will expect that clubs and members will follow guidelines that are set down.
6.2.5 Ensure that consultants and advisers used by the ECB can demonstrate their commitment to the principles and practice of equity and that they abide by this policy.
6.2.6 The ECB will require all affiliated organisations to adopt this policy or ensure that current equity policies have the same stated intent as the ECB cricket policy.
6.3 The new policy will be communicated in the following ways:
6.3.1 It will be part of the staff handbook and reference will be made to it in any codes of conduct.
6.3.2 It will be covered in all staff and volunteer induction training.
6.3.3 All participants will be made aware of the policy's existence through the ECB website and a summary of any revisions will also be published there www.ecb.co.uk.
6.3.4 At time of review, a mechanism will be put in place to allow all staff, members, participants and volunteers to be part of the process.

7. Monitoring and Evaluation

7.1 This policy will be reviewed annually and changes made if required.
7.2 The equity action plan, created to ensure the intent of the policy is delivered, will be reviewed by the Chief Executive and the member of staff with the responsibility for its implementation, on a quarterly basis.
7.3 As part of the overall business delivery plan, the equity action plan will be reviewed by the Board on an annual basis.
7.4 On an annual basis, statistical information will be produced by the Chief Executive for the Board, and will be published internally and externally, to show the impact of this policy.

8. Disciplinary and Grievance Procedures

8.1 To safeguard individual rights under the policy, an employee, volunteer or participant who believes he/she has suffered inequitable treatment within the scope of the policy may raise the matter through the appropriate grievance procedure.
8.2 Appropriate disciplinary action will be taken against any employee, volunteer or participant who violates the ECB's Equity Policy.
8.3 An individual may raise any grievance and no employee, volunteer or participant will be penalised for doing so unless it is without foundation and not made in good faith.