PLVA Disciplinary Policies and Procedures

Principles

This procedure exists to ensure that:

• Grievances and complaints are investigated fully and properly

• Appropriate action is taken where necessary

• Those who raise grievances or are the subject of complaints are treated fairly and consistently

Grievances

A grievance is any behavior – verbal, physical, or otherwise – that may be construed as detrimental to the culture, safety, and reputation of Per La Vita Academy of Western Martial Arts, by impacting the safety or comfort of its membership in class, online, or elsewhere. Examples include:

• Breaches of the PLVA Code of Conduct

• A member’s practice, performance, and conduct at PLVA or any event that the club is attending in any official capacity that may be construed as a violation of the ethos of the school

• A member’s practice, performance, and conduct at any PLVA related event.

• A member’s conduct in class, on HEMA related social media, or at an event as an affiliate of PLVA

Reporting Procedure

1. Resolve: When appropriate, resolve the conflict personally. If, for any reason, this step is unsafe or does not produce a positive result, advance to step two.

2. Report: Refer the grievance to the Lead Instructor at PerLaVitaAcademy@gmail.com, the Welfare Officer at PLVAWelfareOfficer@gmail.com, or to either party in person. 

They will:

2. 1. 1. Gather information

      2. Apply interim measures if appropriate (i.e. suspend a student for safety reasons)

      3. Assess the claim

      4. Determine which track the grievance shall follow

3. Sanction: Depending on the nature of the grievance, the issue will progress along one of the following tracks (see: Tiers)

   1. None - The Lead Instructor or Welfare Officer may determine that no action is required.

   2. Informal - The Lead Instructor or Welfare Officer will speak to the offending party and apply Interim Measures (see: Tiers), if necessary.

   3. Formal - The Lead Instructor will assemble a Disciplinary Committee (see: Disciplinary Committee) and the Committee will determine an appropriate sanction, either Interim or Official.

   4. Criminal - PLVA will file a police report or instruct the reporting party to do so.

4. Appeal: Following a formal decision, the offending party may request an appeal to the Board of Directors within 7 days of the decision. The Board will meet and respond within 7 days of the filing.

Note: Complaints against members of PLVA may also be made by non-club members at events or by Assistant Instructors, particularly in response to issues of safety.

Safety Officers and Safety Violations

During a regular session of PLVA, it is expected that any present Assistant Instructor, the Welfare Officer, or member of the Board of Directors function as a Safety Officer with the following duties:

• Monitor the safety of all students

• Volunteer as safety marshal during open floor sparring time when necessary

• Issue warnings to members not following drill instructions or displaying excessive force

• Report failures to comply with reminders, drill instructions, and excessive force warnings to the Lead Instructor or Assistant Instructor 

Note: Any attendee of a PLVA function may at any time call out or report unsafe behavior.

Disciplinary Committee 

The Disciplinary Committee consists of three committee members.

• The Welfare Officer

• 2 Senior Students 

  • Defined as a student who has been a member in good standing for at least 1 year

  • Chosen at random and asked to serve by the Welfare Officer

The Disciplinary Committee can make findings of fact, reach decisions, and impose sanctions on the basis of a majority.

Procedure

1. Investigate: Gather additional information from students, instructor(s), the involved parties, and any relevant witnesses.

2. Meet: Hold a meeting with or without the involved parties.

   1. The presence of the person in question can be requested or denied by the Committee, depending on the circumstances. If the accused person chooses  to be present, they are expected to explain their actions and provide information, NOT argue with the Committee’s decision.

3. Sanction: Make a determination of the appropriate sanction.

4. Inform: Execute the determined course of action in writing and submit the decision to the Lead Instructor.

Tiers of Grievances and Sanctions

During the Sanction step, the disciplinary party will abide by the following:

Tier 1

• Example

  • Consistent use of inappropriate language in the church hall

  • Hygiene issues

  • Disrespectful language towards an individual

  • Excessive use of force

• Result

  • Discussion with Lead Instructor

• Sanction

  • Reminder of club policies/warning

  • In-class sanction

Tier 2

• Example

  • A second report of a Tier 1 offense

  • Disregard for a safety correction

  • Disrespectful behavior

  • Disparagement of PLVA practices online or elsewhere

  • Disparagement of others in-club, online, or elsewhere

• Result

  • Discussion with Lead Instructor

  • Referral to the Disciplinary Committee 

• Sanction

  • Interim Sanction

Tier 3

• Example

  • A second report of a Tier 2 offense

  • A safety violation resulting in injury

  • Sexual harassment

  • Hate speech 

• Result

  • Referral to the Disciplinary Committee 

• Sanction

  • Interim Sanction

  • Official Sanction

Sanctions

Depending on the severity of a grievance, as described above, the following sanctions are available:

Interim Sanctions

Where the Lead Instructor or Assistant Instructor considers that the matter disclosed in the grievance is so serious that an interim suspension or other appropriate measure may be necessary to protect the interests of any person or PLVA itself, this can be actioned with immediate effect. The interim suspension or other appropriate measure may be for a fixed period of time or of indeterminate length pending the investigation of the matter and or the outcome of a grievance meeting or the disciplinary process. A member subject to an interim suspension may not participate in any PLVA activity for the period of the suspension.  The Instructor may:

• Suspend the member’s attendance at certain classes.

• Suspend the member’s attendance for a given period of time.

• Suspend the member from club social media, including access to the waitlist.

• Revoke the member’s sparring and freeplay clearances.

• Restrict the member’s use of a weapon, simulator type, or participation in a drill.

• Restrict the member to attending lessons in an observational capacity only.

• Conduct an informal chat with aggrieved and disputing parties.

Official Sanctions

In addition to interim sanctions, the Disciplinary Committee may:

• Impose a support requirement involving training, mentorship, or supervision.

• Suspend the member’s membership in PLVA for a specified period not exceeding 12 months.

• Prohibit the member from taking part in specified PLVA activities

• Expel the member from PLVA.

Students who are expelled from classes, events, or the club will not receive a refund for membership in PLVA, the HEMA Alliance, or the balance of prepaid class cards.

Note: The Disciplinary Committee may impose additional sanctions on a case by case basis. Should the Disciplinary Committee find that police action is necessary, this decision cannot be appealed and is accompanied by expulsion. 

Appeals

An appeal of a decision of the Disciplinary Committee must be submitted in writing to the Board of Directors no later than 7 days after the decision has been made. 

Procedure

1. Wait for the written decision of the Disciplinary Committee

2. Write an appeal. Include:

   1. Explanation of the situation 

   2. Explanation of the disagreement with the Committee’s decision

   3. Outline of a plan to correct the identified issue. 

• This could be proposing a different sanction, requesting different supports, or adjusting the length of the sanction 

3. Within 7 days of receipt of the appeal, the Board of Directors will

   1. Review the request

   2. Gather information from the Disciplinary Committee if needed

   3. Discuss with the appealing party if needed

   4. Sustain, overturn, or modify the decision

4. The Board of Directors will notify the Disciplinary Committee and the appealing party in writing

Powers of the Lead Instructor, Assistant Instructors, and Students

Lead Instructor:

• • The Lead Instructor of PLVA reserves the right to immediately sanction, expel, suspend or otherwise deal with any disciplinary or conduct matter as they see fit if the comfort and safety of members of the club, or the reputation of the club is threatened.

Assistant Instructors:

• • Assistant Instructors should monitor the safety of students during drills and may stop any behavior they deem unsafe as well as report the incident for possible referral for future sanctions.

  • Assistant Instructors are able to issue class-related sanctions with a specific session, such as removal of sparring rights, asking a student to refrain from training for the rest of a session, or limiting a student's access to certain tools or kit.

  • Any issue dealt with by an Assistant Instructor should be immediately documented and this should be forwarded to the Lead Instructor. If the Lead Instructor is present they should be immediately notified in person.

  • Any grievance with the sanctions imposed on a student by an Assistant Instructor should be referred to the Lead Instructor who will decide if sanctions were fairly imposed.

Students:

• • Students, regardless of rank, are expected to act immediately in the event of an action that they feel endangers themselves or their fellow students by discussing the matter politely with the offending party. 

  • If discussions prove difficult or uncomfortable or the offense is repeated, all actions should be halted and the matter should immediately be referred to an Assistant or Lead Instructor.