General arguments to make in disciplinaries

[ch 7: pages 52-53]

The choice of argument obviously depends on the allegations faced. It is important to concentrate on the strongest arguments — the ones that could make a real difference to the outcome. Possible general arguments include:

• rule (or changes to the rule) not clear or not drawn to member’s attention;

• rule (or any posters/signs publicising the rule) not in place when misconduct happened;

• inadequate training;

• rule not applied consistently, giving false sense of security;

• member treated differently for no good reason, suggesting ulterior motives or discrimination;

• (if it is the case) that the misconduct had no negative consequences;

• the incident was not serious enough to justify sanction;

• prompt apology; or

• rule should not be rigidly applied because of member’s individual circumstances.