7
RESIGNATION, MISCONDUCT, SUSPENSION AND EXPULSION
7.1
RESIGNATION AS A MEMBER
7.1.1
Any member may resign as a member of the
Society by submitting a written notice to the Secretary on the
understanding that:
a)
such a resignation shall come into immediate
effect; and
b)
no subscription or portion thereof shall be
refundable; and
c)
all moneys due to the Society up to the date of receipt of the
resignation notice shall have been paid in full and all obligations
in respect of documents, records, registration and transfers or any
other obligation – including moneys as defined in Subclause 6.5 -
with reference to his membership required by the Society shall be
fulfilled.
7.2
MISCONDUCT
7.2.1
A member is guilty of misconduct if he:
a)
fails to pay any amount of money due to the
Society within 30 (thirty) calendar days after a formal written
demand for such payment was addressed to him;
b)
contravenes this Constitution or any other
ethical rule in the Code of Conduct - as announced to members and
approved by the Board from time to time - or in the opinion of the
Board, acted in a dishonourable or derogatory manner towards an
official, or to the detriment of the interests of the Society;
c)
by any act or omission, real or potential,
disgraced or harmed the Society and the Boerboel breed;
d)
has on purpose or for personal gain and
advantage, supplied faulty information to the Society or any of its
officials, or who has brought about such changes to the body of an
animal so as to mislead any person;
e)
tries to bribe an official of the Society;
f)
has been found guilty of a criminal offence
as a result of any form of dishonesty or fraud in his capacity as a
Boerboel breeder or as a member of the Society; or
g)
acted untruthfully or dishonourably towards a buyer, made false
representations about the quality or origins of a Boerboel to a buyer
or to the Society, or acted untruthfully or dishonourably in any
other transaction with a buyer and/or the Society.
7.2.2
Should the Board:
a)
of its own accord learn that a member acts,
or has acted in a manner that may cause him being found guilty of
misconduct; or
b)
receive a complaint from a member of the Society or a member of the
public, accusing such member of misconduct, the Board must give such
a member at least 15 (fifteen) calendar days written notice that a
complaint of misconduct shall be investigated.
7.2.3
The notice mentioned in Subclause 7.2.2.b) must be accompanied by a
brief of the facts on which the complaint was made and must inform
the member that he shall be entitled to support by a fully paid-up
member of his choice to assist him in submitting facts pertaining to
the allegation/s.
7.2.4
The Board shall nominate persons to investigate the facts on which
the complaint was based, and may hear verbal evidence and consider
documents, and other relevant evidence. During such an investigation
the Board may temporarily withhold services while such investigation
is still ongoing.
7.2.5
The Board may only find a member guilty of misconduct, if the member
had full opportunity to defend the complaint, and may only impose a
punishment (sentence) if the member has had the opportunity to make
representations in respect of the possible appropriate punishment
(sentence). If the member does not make use of this opportunity it
will mean that he has waived his rights to defend himself.
7.2.6
In the case of finding a member guilty of
misconduct, the Board may:
a)
expel the person as a member of the Society;
b)
suspend his membership;
c)
suspend his membership for a specified
period;
d)
withdraw his right to vote for a specified
time;
e)
suspend the member from the Board, or any
other committee of the Society;
f)
give the member a warning.
7.2.7
If a member is not satisfied with the outcome
of the investigation he may appeal to the Chairman within 30 (thirty)
calendar days.
a)
The Chairman may convene an appeal committee
of at least two senior Board members to address the complaint.
However, the Chairman may also appoint an external chairman to lead
the committee.
b)
The outcome of the committee’s findings shall
be submitted to the Board for final consideration. A Board resolution
to find a member guilty of misconduct and the penalty decided on must
be agreed upon by a two-third majority of Board members.
c)
If a member does not make himself available telephonically for the
appeal investigation and has been notified requesting information,
the committee may continue with its investigation after 15 minutes
without the member providing the relevant information for an appeal
hearing. This shall mean the member waives his rights to defend
himself.
d)
An appeal is not an automatic right to an appeal process. The member
is to provide reason/s for the appeal. The appeal committee will
decide based on reasons provided if the appeal is granted or denied.
If granted, the appeal committee may request further information from
parties involved pertaining to a specific area brought to light in
the appeal request, and then decide if the appeal is granted or
denied. If an appeal is granted, required information could be done
telephonically or electronically which will only refer to a certain
area and only this issue will be heard in the hearing to obtain
information from all parties involved.
7.2.8
Any member who is found guilty of misconduct shall be informed in
writing by the Secretary within 7 (seven) days of the date on which
the decision was made. A member found guilty of misconduct may be
held responsible for all expenses incurred in respect of the
investigation.
7.2.9
Following on the dismissal of a member, the breeder shall be removed
from the membership list, or any other register or Society reports.
All recordings or registrations of dogs in the possession of the
dismissed member shall remain in the Society's registers and
database. The society retains the right to disqualify and/or remove a
specific dog from the database of which documentaion presented proved
to be fraudulent and /or incorrect.
7.2.10
Any member found guilty of misconduct shall remain responsible for,
and shall pay in full all moneys due to the Society, and shall honour
all the obligations regarding notifications, registrations and
transfers or any other obligations concerning his membership at the
time of the investigation.
7.2.11
A person, who, for whatever reason has ceased to be a member of the
Society, may submit a written application and motivation for
readmission. The Board may, in its sole discretion, decide if and on
what conditions such readmission shall take place.
7.2.12
The Head Office shall maintain a list of
members found guilty of misconduct after a formal investigation.
7.2.13
Exit strategy is a process to be followed
when faced with a dismissal to protect and safeguard all affected
dogs. The exit strategy will provide the breeder an opportunity to
notify the Society of litter/s born, supply mating certificates due
and to apply for export permit/s where a sale is in progress. A
window period of 30 days will be applied for the exit strategy from
date of formal dismissal notification, thereafter all services to the
dismissed breeder will be discontinued and the society will not
accept or process any form of work. All services to the dismissed
breeder during the 30 days exit period will be strictly on a cash
basis only.