Sport And Clubs Select Committee Report 2012
Sport and ClubsSelect CommitteeReport2012Sport and Leisure Solutions;29th June 2012Page 1 of 23
Executive SummaryIntroductionThe Sport and Clubs Select Committee (SACS) was established by the MelbourneUniversity Sport Board (the Board) to consider and advise the Board on the followinggovernance issues:a) affiliation arrangements for sporting clubs and club membersb) recognition by the University of sporting performance and servicec) our policies and procedures for sporting clubs.Sport and Leisure Solutions (SLS) was engaged to prepare a report in consultationwith the Director of Sport and the Sport Development Manager.In developing this report SLS reviewed and utilized significant work undertaken by aprevious Project Officer in relation to this project. Further information was obtainedthrough staff interviews, a desk-top scan of relevant websites and review of relevantdocuments.Of particular relevance to the project was advice from the University’s legal counseland legal services team regarding the roles of both the MU Sport Board and MUSAand a letter from the Vice- Chancellor Professor Glyn Davis, in November 2010regarding the role and responsibility of the MU Sport Board.The Melbourne University Sport Association (MUSA) provided a response on theproject scope (Appendix 13) and a draft report was also provided to all the sportingclubs with an invitation to provide a response prior to the completion of the finalreport.The SACS Committee met on two occasions with the draft report presented to ameeting on the 19th of June 2012 at which the contents and recommendations werediscussed and all feedback considered. The recommendations were subsequentlyendorsed by the Committee for consideration by the Board.A.Affiliation arrangements for sporting clubs and club memberThe situation with the status of the sporting clubs in relation to the University has beenunclear in relation to increasing concerns about risk and reputational managementto the University. This is also related to the level of risk to individual club officerbearers and the status of individual sporting club members as outlined in the scopeC.Additionally the duplication of responsibilities and duties between MU Sport andMUSA has created confusion and ambiguity amongst sporting club officer bearers,club members and athletes, the University community and external stakeholders.In January 2009 the Melbourne University Sport (MU Sport) Board replaced the Sportsand Physical Recreation Committee (SPRC) as the peak governance body of sportat the University.The MU Sport Board was appointed by the University Council and reports to theVice–Chancellor and Council (via the Provost) on issues related to sport andrecreation including policy, program delivery and facility development.Page 2 of 23
The Board also monitors the performance of MU Sport including consideration andapproval of the operational plan and annual budget.The Melbourne University Sports Association (MUSA) is a student body recognisedunder Statute 15.1.R2 (Appendix 3) to represent the affiliated sporting clubs of theUniversity.The current MUSA constitution outlines responsibility for a mixture of club related andgeneral sporting, recreational and fitness activities. The major policy and procedureareas outlined in the constitution are: Club membership and affiliation requirementsUniversity and club colorsDiscipline of clubs and individual club membersEligibility to represent the University at Australian University SportChampionships.The awarding of Blues, Distinguish Service Awards, Sports Grants and SportsScholarships.MUSA also periodically communicates with internal and external partners andstakeholders on a range of issues in regards to matters impacting on individual orgroups of clubs. This has created some confusion with organisation such asMelbourne City Council and others on who is speaking on behalf of the Universityand who is responsible for the management and oversight of clubs.MU Sport currently performs a number of the roles outlined in the MUSA constitutionincluding the following:a) providing clubs with financial and administrative support, insurance cover,facility access, marketing services, OHS and human resource services andtraining and induction for club office bearersb) responsibility for all aspects of individual and team representation atAustralian University Sport championshipsc) administration of all aspects of the scholarship programd) involvement in discipline of clubs and individual memberse) oversight of compliance for club uniforms and colorsf) administration of the Sports Swards process.A memo prepared July 2010 from the University’s Senior Lawyer – Compliance inregards to the governance structure of the MUSA highlighted that it is the role of MUSport and the Board to make decisions about the affiliation of clubs, use of logos,compliance with procedures and disciplinary matters. It also stated that the MUSport Board and the Director of Sport were the University’s representatives onmatters concerning sport.It was suggested that there was still a continuing role for MUSA as a representativebody of clubs and the provision of opportunities for clubs to discuss common issuesbut that the MUSA Constitution should be reviewed to remove any reference to theaffiliation and management of clubs.Page 3 of 23
Subsequent to this correspondence from Professor Glyn Davis, Vice-Chancellor inNovember 2010 makes specific reference to the decision of the University toestablish the MU Sport Board to oversee the strategic direction of sport at theUniversity.The Vice-Chancellor encouraged MUSA to participate in the governance of sportthrough nomination of members in the establishment of MU Sport Board andemphasized that in accordance with the new governance and managementstructure for sport, the Director of Sport is the representative of the University onmatters concerning sport including those activities in connection to the nationalbody Australian University Sport (AUS).In response to the position of the University, as outlined in the material considered,the following recommendations have been made in regards to the affiliationarrangements for sporting clubs:Recommendations1. That sporting clubs are formally affiliated with the University through anagreement with MU Sport, stating the obligations and benefits to theUniversity and the sporting club, office bearers and members.2. That sporting clubs are provided with the opportunity to affiliate to MUSA andthat in consultation with the University’s Legal Services, MUSA review itsconstitution for approval by University Council.B.Recognition by the University of sporting performance and service.The awarding of Sporting Blues and awards is the highest recognition of annualachievement through sport at the University. The establishment of the MU SportBoard in 2009 along with the responsibility to represent the University to AustralianUniversity Sport and the diminishing role that clubs play in the representative sportprogram has prompted the review of the current arrangements to ascertain if thesystem can be improved to achieve greater alignment with the University and theStrategic Plan for Sport.MUSA’s constitution confers upon the MUSA Council the responsibility to award Bluesand Distinguished Service Awards in accordance with recommendations of a BluesAdvisory Board (BAB). The BAB includes seven members elected by MUSA Council,the MUSA President and the Director of MU Sport. MU Sport provides secretarialservices to the BAB.Blues are awarded for outstanding sporting achievement whilst representing theUniversity in the AUG and AUCs only, and not for an elite athlete who hasrepresented their country only.MU Sport is responsible for the University’s participation AUS events, in many caseswithout the direct involvement of a club or club official. In more recent years, theAUG and AUCs have included sporting competitions which are not aligned withclubs at the University and a large percentage of Blues awardees are not membersof a University sporting club.Page 4 of 23
The current process requiring MUSA Council approval is very cumbersome and theawards are presented the year following. Both MUSA and MU Sport believes that thisa contributing factor to the non-attendance of many award recipients at theannual presentation and recommend that the system be streamlined to allow forthe awards to occur in the year that they are gained.A Blues Award is also not currently appearing on the academic transcript.Recommendations1. MU Sport in consultation with MUSA, review the awarding of Sport Blues andother awards to be in greater alignment with the conferring of awards by theUniversity.C.Policies and procedures for sporting clubsThere have been a range of grievances and incidents associated with members ofsporting clubs that have ultimately involved and impacted on the University at somelevel. These events have identified the need for greater clarity regarding relationshipbetween individual club members and the University and the obligations of clubsand individuals when representing the University through club activities.There are no clear and consistent policies in place to govern the behavior of clubsor individuals. Disputes within clubs, between clubs, between clubs and otherinternal stakeholders can be resource-intensive and divisive.Clubs generally lack suitable and robust codes of conduct, procedures, resourcesand expertise (nor can they be expected to) for dealing with member grievancesfor example discrimination, equal opportunity and selection for activities orcompetitions.University policies are not always relevant for the sporting environment and othercurrent mechanisms to manage risk associated with sporting clubs, their actions andthe actions of their members.The lack of formalized and consistent processes has the potential to expose theUniversity, MU Sport and clubs to risks as associated with behavior of individuals andteams.Consequently there is an opportunity to formalize the responsibilities of MU Sport,clubs and individuals in relation to conduct when representing clubs and MelbourneUniversity. This could be achieved through a service level agreement betweensporting clubs and MU Sport.The service agreements would outline the following: code of behavior for clubs and individualsselection and other disputes;discipline and behavior;member protection;risk management;branding; and club organizational structures.Page 5 of 23
Where possible and appropriate, policies should be consistent with Universitypolicies.Australian University Sport and the Australian Sports Commission have a range ofpolicies and procedures relevant to clubs administration and code of conduct forclubs and individuals. Many aspects of the policies are relevant to MU Sport Clubs.Recommendations1. Club membership must also affiliate individuals with MU Sport and theUniversity2. MU Sport develop a club service agreement to outline annual financial andin-kind support and member (club and individual) obligations as part of theUniversity community3. MU Sport policies and procedures are developed or adopted to managemember-related issues including selection and other disputes; discipline andbehavior; member protection; risk management; branding; and cluborganizational structures; and are consistent with University policy whereappropriate.Club FeedbackAll sporting clubs were invited to provide feedback on the draft report, and thefollowing comments were received.The Badminton Club agreed with the recommendation for scope A that sportingclubs should be affiliated with the University. The Club did not have any commentwith respect to clubs having optional affiliation with MUSA. The Club agreed inprinciple with the recommendation for scope B that the awarding of Sports Bluesand other awards should be reviewed; and they also agreed with the threerecommendations for scope C regarding policies and procedures for sporting clubs.The Boat Club agreed with the recommendations and fully supported the draftreport.The Kendo Club, with regards scope A, supported the establishment of agovernance framework for the affiliation of sports clubs that would providetransparency, fairness and accountability. The Club had no comment other than tooffer general support to governance enhancements for scope B and the awardingof Sports Blues; and they supported in principle, the development, adoption andpublication of policies and procedures including in relation to dispute resolution anddisciplinary proceedings with regards scope C. They further submitted the need toretain a mechanism or body, such as MUSA, to represent the collective concerns ofsports clubs.The Rugby Club requested additional time to provide comment on the draft report,but was not able to provide comment by the publication date of the final report.Page 6 of 23
PROJECT BACKGROUNDAt the July 2011 meeting of the Melbourne University Sport Board (the Board) it wasagreed to establish the Sport and Clubs Advisory Committee (Appendix 1) toconsider and advise the Board on club and high performance sport developmentand strategy.The Committee was tasked to consider and make recommendations to the Board inregards to:a) Affiliation arrangements for sporting clubs (competitive, recreation andinstructional), individual club members and sport participants.b) The High Performance Athlete Support Program including relevant Universitypolicies, athlete recruitment, support services and scholarships.c) The Australian University Sport (AUS) University Leagues Feasibility study.d) Recognition by the University of sporting performance and service includingthe awarding of Blues.e) Our policies and procedures for sporting clubs, members and participantsincluding those dealing with selection, dispute resolution, discipline, memberprotection, risk management, branding and the authorities, responsibilitiesand organisation of club structures.The following committee members were subsequently appointed in accordancewith a revised Terms of Reference (Appendix 2): Mr Paul RogerPresident, Melbourne University Sports Association Mr James StewartVice-President, Melbourne University Sports Association Ms Rosemary BissettVice-President, Australian Volleyball Federation and Vice-President,Melbourne University Volleyball Club Ms Cath ClarkCEO, Gymnastics Australia and Director, Australian University Sport Mr Geoff ReesChair, Melbourne University Sport Board Ms Marieke GuehrerStudent Member, Melbourne University Sport BoardThe following MU Sport staff would be in attendance: Mr Tim LeePage 7 of 23
Director, Melbourne University Sport Mr Rod WarneckeSport Development Manager, Melbourne University Sport and CommitteeSecretaryA Project Officer was subsequently appointed in July 2011 and directed to conductstakeholder interviews, gather and consider relevant information and preparereports and recommendations for the consideration of the Committee in line withthe project plan and timeline. Unfortunately in early November 2011 it was decidedby the Director of Sport to terminate the services of the Project Officer due to theirinability to provide draft reports according to the project timeline.The Board was still committed to considering the outstanding issues in regards to theaffiliation of sporting clubs and the policies and procedures in relation to effectivegovernance and management.To expedite this process it was recommended that the scope of SACS be reducedto allow it to focus on the terms of reference relating to the club matters and thatthe timeline be extended to 2012.The following items were removed for consideration at a later stage: The High Performance Athlete Support Program including relevant Universitypolicies, athlete recruitment, support services and scholarships. The Australian University Sport (AUS) University Leagues Feasibility study.The terms of reference for the SACS will be to consider: Affiliation arrangements for sporting clubs (competitive, recreation andinstructional), individual club members and sport participants. Recognition by the University of sporting performance and service includingthe awarding of Blues. Policies and procedures for sporting clubs, members and participantsincluding those dealing with selection, dispute resolution, discipline, memberprotection, risk management, branding and the authorities, responsibilitiesand organisation of club structures.It was determined that Sport Development Manager, Mr Rod Warnecke wouldcontinue to undertake the project work in the first instance and prepare reports andrecommendations for SACS. The Sport Development Manager was also instructed todevelop a club service agreement with reference for introduction in early 2012.Page 8 of 23
PROJECT METHODOLOGYThe Sport and Clubs Select Committee Report has been prepared by Sport andLeisure Solutions in consultation with the Director of Sport and the SportDevelopment Manager.Various documents, statutes, policies and procedures were provided and utilised todevelop this report and have been provided as appendixes for the consideration ofthe Committee.Extensive work undertaken by a previous Project Officer was reviewed andincorporated in the report.Interviews were also carried out with senior members of staff at Melbourne UniversitySport. Interviews with the Executive Officer at a number of other universities acrossAustralia were also undertaken by the original Project Officer.Information was sourced from a desk top search of websites of university, state andnational sporting bodies as well as state and federal government agencies with asport focus.The terms of reference for the SACS were provided to the sporting clubs and theSports Association in July 2011 during the nomination process for the committee. TheSports Association was also invited to provide a response on the scope in June 2012(Appendix 13).Sporting clubs of the University were invited to attend a forum organised in October2011 and will have a further opportunity to provide feedback to this draft report.The report addresses the issues in each of three scopes in turn, whilst referencingother areas of scope where applicable.Scope A:Affiliation arrangements for sporting clubs (competitive, recreation andinstructional), individual club members and sport participants.IntroductionThe issue of the status of the sporting clubs in relation to the University has been atopic of discussion since the establishment of the Board of Sport in 2009.This scope will outline the current situation with affiliation and consider a range ofadvice provided in relation to increasing concerns about risk and reputationalmanagement in the University.The issue of affiliation to the University is also related to the status of individualsporting club members as outlined in the scope C.BackgroundThe Melbourne University Sports Association (MUSA) is a student body recognisedunder Statute 15.1.R2 (Appendix 3) to represent the affiliated sporting clubs of theUniversity.Page 9 of 23
MUSA is not incorporated, has no employees and relies on MU Sport for secretariatservices and activities are funded by an allocation in the MU Sport Annual Budget.MUSA was previously known as the Sports Union until April 1995. MUSA consists of aCouncil of representatives of the affiliated sporting clubs (and others) and theExecutive elected each year to deal with prescribe matters outlined in the MUSAconstitution.In January 2009 the Melbourne University Sport Board replaced the Sports andPhysical Recreation Committee (SPRC) as the peak governance body of sport at theUniversity. The Board was appointed by Council (under Statue 8.1) and reports to theVice –Chancellor and Council (via the Provost) on issues related to sport andrecreation including policy, program delivery and facility development. The Boardalso monitors the performance of MU Sport including consideration and approval ofthe operational plan and annual budget.The Terms of Reference for the Board make the following reference to MUSA:(a)monitor communications between the Director on the one hand, andThe Melbourne University Sports Association, the residential collegesand any other stakeholders, on the other hand.The Director of Sport is responsible for the provision of leadership and advice to cluboffice bearers and representatives of MUSA. Additionally other MU Sport staffprovides secretarial and event support to MUSA and a range of operational,financial and marketing support to the clubs directly.MUSA responsibilitiesThe University undertook a review of the statutes in relation to student bodies toprovide generic provision for the recognition of student organisations. The statute15.1.R2 allows for MUSA to petition University Council directly but does not determinethe composition or authority of MUSA.The current structure and reporting relationships between the various organisationsinvolved in sport governance and service provision are outlined in Appendix 7(attached).The current MUSA constitution outlines responsibility for a mixture of club related andgeneral sporting, recreational and fitness activities. The major policy and procedureareas outlined in the constitution are: Club membership and affiliation requirementsUniversity and club coloursDiscipline of clubs and individual club membersEligibility to represent the University at Australian University SportChampionshipsThe awarding of Blues, Distinguish Service Awards, Sports Grants and SportsScholarships.Recent activities of the Executive include providing a MUSA response to both the‘Refining our Strategy’ discussion paper and the ‘Parkville Campus Master Plan’.Members of the Executive have also made representation to Melbourne CityPage 10 of 23
Council in regards to facility access for clubs in Princess and Royal Parks, as well as toAustralian University Sport with regards to membership. These submissions haveadded to the ambiguity about who has responsibility to speak for the University onsporting issues.MU Sport responsibilitiesIn January 2009 the Melbourne University Sport Board was established by theUniversity as the peak governance body of sport at the University. The Board Terms ofReference include:(l) foster excellence in competitive activities through both organised sportingclubs and individual usersThe key areas of management in relation to clubs for MU Sport include:a)providing clubs with financial and administrative support, insurance coverfacility access, marketing services, OHS and human resource services andtraining and induction for club office bearersresponsible for all aspects of individual and club representation at AUS Sportchampionshipsadministration of all aspects of the scholarship programinvolvement in discipline of clubs and individual membersoversight of compliance for club uniforms and colorsadministration of the Sports awards process.b)c)d)e)f)Challenges of the current governance structureA discussion paper prepared jointly in 2009 by Director of Sport Tim Lee and MUSAPresident Marcus King and presented to the MU Sport Board (Appendix 8) identifieda range of issues: Duplication and conflict between the duties, responsibilities and reportinglines of MU Sport staff and Board and the MUSA Constitution have lead toconfusion and frustration amongst the clubs The MUSA Executive experience ongoing difficulty in recruiting and retainingexecutive members and the current time and resources taken up in thesupporting some of the activities Increased compliance and reporting requirements on clubs requiringconsideration of the legal status and relationship to the University.The frequency and complexity of club related grievances and issues has alsoincreased substantially becoming more time consuming for MU Sport and theUniversity and the lack of clarity about the legal status of clubs and the responsibilityof the University has created additional complexity and confusion (also addressed inscope C).A memo was prepared in July 2010 by Wendy Mason, Senior Lawyer – Compliancein regards to governance structure of the Melbourne University Sports Associationand the impact on the legal and liability issues associated with the management ofstudent sporting and recreational clubs (Appendix 9).Page 11 of 23
Ms Mason highlighted the issue of effective management of clubs and the risksinherent in club activities as a significant one. The University has a duty of care toclub members and range of detailed compliance responsibilities. The advice wasthat it is the role of MU Sport and the Board to make decisions about the affiliation ofclubs, use of logos, compliance with procedures and disciplinary matters.It was suggested that there was still a continuing role for MUSA as a representativebody of clubs and the provision of opportunities for clubs to discuss common issuesbut that the MUSA Constitution be reviewed to remove any reference to theaffiliation and management of clubs.Correspondence from Professor Glyn Davis, Vice-Chancellor was sent in November2010 to Mr Alf Lazer and Mr Geoff Vaughan in response to a meeting on the 14thAugust 2010 (Appendix 10).The Vice-Chancellor makes specific reference to the decision of the University toestablish the MU Sport Board to oversee the strategic direction of sport at theUniversity.The Vice-Chancellor encouraged MUSA to participate through nomination ofmembers, in the establishment of MU Sport Board sub-committees that will considerand advise on sport related issues including club management and support,scholarships, the Sport Foundation and sports awards.The Vice-Chancellor also emphasized that in accordance with the new governanceand management structure for sport, it had been determined that the Director ofSport is the representative of the University on matters concerning sport includingthose activities in connection to the national body Australian University Sport (AUS).The External EnvironmentThis project has undertaken investigation, including interviews with a number ofsenior staff, of the following Australian universities widely considered as leaders inacademia and sport provision: The University of AdelaideThe University of New South WalesThe University of QueenslandThe University of SydneyThe University of Western AustraliaMacquarie UniversityMonash UniversityTable A: Governance and Sport Delivery provides a snapshot of how theseuniversities govern sport (Board or Staff Executive); how they deliver sport (SportDelivery Agent); and their Sport Delivery Agent‘s status (Sports Association or Semiautonomous Body/Sport Department) while also listing the number of sporting clubsproviding opportunities to their university communities (over page).The seven universities all have a single Sport Delivery Agent responsible for cluboperations, policy and support.Page 12 of 23
Five of the seven universities operate as semi-autonomous bodies/sport departmentsand all are governed by either a board (university appointed, or appointed withuniversity caveats) or a staff executive of the Sport Delivery Agent reporting to theuniversity.Table A: Governance and Sport DeliveryUniversityGovernanceStructureSport DeliveryAgentSport Delivery AgentStatusThe Universityof AdelaideThe Universityof MelbourneThe Universityof NSWThe Universityof QueenslandThe Universityof SydneyThe Universityof WAMacquarieUniversityBoard ofManagementUniversityappointed BoardStaffExecutiveUniversityappointed BoardStaffExecutiveBoardAdelaide UniversitySportMelbourneUniversity SportUNSW Sport &RecreationUQ acquarieUniversity Sport &RecreationMonash SportAdelaide UniversitySports AssociationSemi-autonomousBody/Sport DepartmentSemi-autonomousBody/Sport DepartmentSemi-autonomousBody/Sport DepartmentSemi-autonomousBody/Sport DepartmentUWA Sport &Recreation AssociationSemi-autonomousBody/Sport DepartmentSydney Uni Sport &FitnessUWA SportSemi-autonomousBody/Sport DepartmentNumber ofClubs(Active)3539323543351443RecommendationsIn considering the issues as outlined in the scope the following recommendations areproposed:1. That sporting clubs are formally affiliated with the University via an agreementwith MU Sport, stating the obligations and benefits to the University and thesporting club, office bearers and members.2. That sporting clubs are provided with the opportunity to affiliate to MUSA andthat in consultation with the University’s Legal Services, MUSA review itsconstitution for approval by University Council.Page 13 of 23
Scope B:Recognition by the University of sporting performance and serviceincluding the awarding of Blues.IntroductionThe awarding of Sporting Blues and awards is the highest recognition of annualachievement for sport at the University. The selection process is undertaken by theBlues Committee established by the MUSA constitution according to regulationendorsed by the MUSA Council. The process is supported by staff from MU Sport.The establishment of the MU Sport Board in 2009 along with the responsibility torepresent the University to Australian University Sport and the diminishing role thatclubs play in the representative sport program has prompted the review of thecurrent arrangements to ascertain if the system can be improved to achieve greateralignment with the University and the University’s Strategic Plan for Sport.BackgroundMUSA’s constitution confers upon MUSA Council the responsibility to award Bluesand Distinguished Service Awards in accordance with recommendations of a BluesAdvisory Board (BAB). The BAB includes seven members elected by MUSA Council,the MUSA President and the Director of MU Sport. MU Sport provides secretarialservices to the BAB.The awarding of the Sports Blue dates back to 1904, while more recent awards suchCoach of the Year have been in existence for less than ten years. There are also anumber of different sport awards that are conferred annually to members of theUniversity community.Sport Blues are model
and Physical Recreation Committee (SPRC) as the peak governance body of sport at the University. The MU Sport Board was appointed by the University Council and reports to the Vice-Chancellor and Council (via the Provost) on issues related to sport and recreation including policy, program delivery and facility development. Page 2 of 23
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