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Members putting up a fight<\/p>\n\t\t\t\tFrom physical assaults and sexual harassment to AI being used to challenge disciplinary action, golf clubs are facing an increasingly serious problem dealing with member behavior. In this special report, Rob McGarr speaks to an industry expert about the sport\u2019s worrying new direction.<\/p>\n
Golf clubs have always had their share of arguments. Whether it\u2019s a rules dispute, a criticism of the greenkeepers, allegations of dodgy handicaps or anger about slow play, there\u2019s always something contentious to discuss over the post-round pint.<\/p>\n
But the clashes are becoming considerably more serious, according to Alistair Smith, chief executive of the National Golf Clubs\u2019 Advisory Association.<\/p>\n
\u201cSince golf returned after Covid, the number of member disciplinary cases has been increasing,\u201d he says. \u201cIn the last six to 12 months, it has really gone through the roof.\u201d<\/p>\n
The NGCAA provides legal advice and support to golf clubs across Great Britain, handling enquiries on everything from employment law to member discipline. While the volume of enquiries is increasing and reached 1,800 in the last 12 months, Smith says it\u2019s the nature of the incidents that is the biggest concern.<\/p>\n
\u201cWhen I started in 2017, about 65 to 70 percent of our enquiries were about employment law,\u201d he says. \u201cThe increase in member disciplinary matters have changed the balance. They now make up a much greater proportion of what we advise on.\u201d<\/p>\n
And the incidents involved are not always the sort of clubhouse disagreements that can be resolved with a quiet word from the secretary.<\/p>\n
\u201cWe\u2019ve had fights and physical assaults, we\u2019ve had stuff on social media where it\u2019s abusive messages from member A to member B,\u201d he says. \u201cThere have been incidents of sexual harassment, both through WhatsApp and social media, and physically and verbally on site. There are incidents of cheating on the golf course in competitions.<\/p>\n
\u201cIt\u2019s the full range of misconduct, really.\u201d<\/p>\n
Has golf\u2019s behavior problem got worse?<\/p>\n
Pinning down exactly why these cases are increasing is more difficult.<\/p>\n
Golf experienced a surge in popularity during the pandemic, bringing a wave of new players into the sport. One theory places the blame on this new breed of golfers who are unfamiliar with traditional club culture, but Smith is reluctant to point the finger solely at newcomers.<\/p>\n
\u201cIn my experience, which is anecdotal rather than based on figures, it is a real mixture of new people and people who are long-standing members of golf clubs,\u201d he says. \u201cThere\u2019s no evidence to point it towards it being a problem associated with new golfers.\u201d<\/p>\n
If new golfers aren\u2019t necessarily to blame, what is driving the rise in disciplinary issues?<\/p>\n
Smith admits he doesn\u2019t have a definitive answer, although he suggests the problem could reflect wider changes in society.<\/p>\n
\u201cAnother theory is that people were told during Covid that they couldn\u2019t do certain things and are now rebelling against the system, thinking they can do what they like,\u201d Smith says. \u201cPerhaps that reflects society more widely.\u201d<\/p>\n
Members putting up a fight<\/p>\n
While he doesn\u2019t have a conclusive explanation for the increase, Smith has noticed that the way members respond when challenged has changed.<\/p>\n
\u201cIn the past, if somebody did something wrong, the secretary might bring them into the office and have a quiet word. The person would apologise and that would be the end of it.<\/p>\n
\u201cIf they did something particularly bad, they would often be contrite, resign their membership, and walk away without further ado.\u201d<\/p>\n
Nowadays, misbehaving members are increasingly likely to put up much more of a fight.<\/p>\n
\u201cWe\u2019re in a much more litigious society,\u201d Smith explains. \u201cThere are much more detailed bits of information out there on the internet. Members are generating documents as part of their disciplinaries from AI, and they are using those to try and defend themselves.<\/p>\n
\u201cThat means that they are attacking procedure from all angles. Rather than deal with the nuts and bolts of, \u2018Have you done it or have you not?\u2019, they look for weaknesses in the process to try to get themselves out of it.\u201d<\/p>\n
It is a development that creates an additional headache for clubs. An incident that might once have been settled internally can now become a drawn-out dispute over whether the club followed the correct procedure.<\/p>\n
For golf clubs, that creates a difficult balancing act. They need to be able to take action when members behave badly, but they must also ensure that any disciplinary process is fair and follows the rules laid down in their constitution \u2013 as well as the law.<\/p>\n
Fail to do so, and the dispute can become a legal matter in its own right, with members potentially bringing claims for breach of contract.<\/p>\n
\u201cGoing to court can be expensive,\u201d Smith says, \u201calthough some clubs have legal expenses insurance that covers some or all of the fees.\u201d<\/p>\n
But getting it wrong doesn\u2019t only hurt a club in terms of solicitors\u2019 fees.<\/p>\n
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The golfer a club couldn\u2019t get rid of<\/p>\n
The consequences can be particularly frustrating when a club believes it has good reason to remove a member.<\/p>\n
Smith recalls a court case involving a club that had expelled a member for cheating.<\/p>\n
\u201cThe club mishandled its procedure, and the judge ordered it to reinstate the member,\u201d he says. \u201cThe club then had to take back someone who, based on the evidence, appeared to have cheated, and the other members had to face that person in future competitions.<\/p>\n
\u201cThat can be quite galling. And the reputational damage can be significant if the case ends up in a public court case and everyone finds out what the club has done wrong.\u201d<\/p>\n
The case illustrates the importance of following the correct process, even when a club believes the underlying misconduct is clear-cut.<\/p>\n
When the club has to play judge and jury<\/p>\n
Even when an incident is reported to the police, a club may still need to take disciplinary action of its own. Criminal proceedings and a club\u2019s internal process are separate matters, and one doesn\u2019t necessarily remove the need for the other.<\/p>\n
\u201cA club can\u2019t simply leave it to the criminal justice system,\u201d Smith explains. \u201cEven if the person is convicted of an offence, they could still be a member. The rest of the membership might reasonably ask whether they want someone who has been fighting on the 18th green to remain in the club.\u201d<\/p>\n
The club must consider the interests of its wider membership, while ensuring that it follows its own rules and gives the member a fair opportunity to respond.<\/p>\n
\u201cWhilst the vast majority of golfers are respectful, even a small number can cause significant reputational and financial damage to a club if disciplinary matters are handled incorrectly,\u201d Smith says.<\/p>\n
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What can golf clubs do?<\/p>\n
For clubs, the key is to make sure their rules and procedures are fit for purpose before a problem arises.<\/p>\n
\u201cClubs should get their documents checked during peacetime, so they\u2019re ready when something happens,\u201d he says. \u201cClubs should have their constitutions and disciplinary procedures reviewed, ensuring the documents are up to date, correctly drafted, and consistent with one another.<\/p>\n
\u201cThey can then follow the process and come to us for advice if members raise unexpected challenges.\u201d<\/p>\n
A club needs to be able to investigate allegations, reach a decision on the evidence and, where appropriate, impose a sanction that can withstand scrutiny. And they should not assume that their existing documents are fit for purpose.<\/p>\n
\u201cEven the oldest constitutions normally provide for the discipline or expulsion of members, as clubs have been dealing with this for a long time,\u201d Smith says. \u201cBut older constitutions may not be fit for today\u2019s world. They can get into trouble if they follow articles written in the 1950s that don\u2019t comply with the principles of natural justice as they apply today.\u201d<\/p>\n
These issues can be difficult to resolve once a live dispute is already under way, which is why Smith urges clubs to review their documents in advance.<\/p>\n
\u201cThe easiest way is to join the NGCAA, and we can review them. Our role is to ensure that golf clubs have the robust framework and legal support necessary to handle these cases fairly and decisively. Clubs should pick up the phone or email me at the first hint of an incident that could lead to disciplinary action, so we can guide them through it.\u201d<\/p>\n
For golfers themselves, Smith\u2019s message is much simpler.<\/p>\n
\u201cJust behave,\u201d he says. \u201cThere\u2019s not much else to it. In the same way you\u2019d mind your Ps and Qs in the workplace, it\u2019s a similar environment at a golf club.\u201d<\/p>\n
And for anyone who thinks a momentary indiscretion on the course or in the clubhouse is unlikely to have serious consequences, he offers a final reminder.<\/p>\n
\u201cThere are consequences for misbehaving, including expulsion from the club.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"From physical assaults and sexual harassment to AI being used to challenge disciplinary action, golf clubs are facing…\n","protected":false},"author":2,"featured_media":885641,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[71],"tags":[427,99],"class_list":["post-885640","post","type-post","status-publish","format-standard","has-post-thumbnail","category-golf","tag-golf","tag-sports"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/885640","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=885640"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/885640\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/885641"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=885640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=885640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=885640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}