Dealing with Disciplinary Proceedings: Guidance for Equestrian Governing Bodies

Members of equestrian associations expect a level playing field, and the social licence of equestrian sport is under greater scrutiny than ever before. It is of crucial importance that breaches of rules are dealt with fairly, expeditiously and professionally. Please find below our key guidance points for any equestrian association when dealing with disciplinary proceedings.

• Ensure that rules and procedures are clear and regularly reviewed: Your rules should be thorough and robust. They are the starting point and the operational tool in bringing any disciplinary process. They should have clear offences, sanctions and appeal procedures. Ambiguous or contradictory drafting is a common cause of complexity.

• Independence and impartiality is key: Your processes and procedures in investigating, prosecuting and ultimately deciding any disciplinary action should be beyond reproach. In a closely connected world, actual or perceived personal or professional conflicts of interest should be quickly identified. Consider the use of an external legally trained chair to ensure procedural fairness and to give appropriate legal guidance through the process.

• Don’t fall down on procedural points: Ensure that all rules concerning notice, timelines and other communications are followed exactly. Respondents acting without legal representation should be given appropriate sign posting to legal advice and communication should be clear and in plain English.

• Ensure thorough records are retained: In the event of a challenge to your procedure, records are likely to be key. Ensure that all processes are well documented and that a note is taken of all hearings and deliberations.

• Respect confidentiality and recognise vulnerability: Disciplinary proceedings may involve sensitive personal information, minors or vulnerable parties. Ensure that vulnerable parties or witnesses are given appropriate special measures to enable them to give their evidence.

• Communicate outcomes clearly and carefully: Communicating your decision, and the reasons for it, is important. Your decision may be read, and likely critiqued, by many. It may also form the basis of an appeal. It should be drafted clearly, with careful discussion of the factors which informed the decision, avoiding unnecessary exposure to criticism.

Aria Grace Equine Law has a team of equine lawyers, who between them have significant experience in providing advice and representation in respect of disciplinary proceedings or appeals concerning anti-doping, measurement, selection issues, welfare issues or other rule breaches.