Disciplinary Procedures

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Category: Disciplinary

Published on Monday, 06 February 2012 14:25

Written by Super User

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DISCIPLINE COMPLAINTS AND APPEALS PROCEDURES

The Berkshire League is committed to promoting and maintaining the highest standards of behaviour and conduct for the playing and administration of cricket within its jurisdiction. Discipline and adherence to the Laws of Cricket and the Spirit of Cricket are matters for clubs and their captains to uphold. Therefore, complaints received by the League will, in the first instance, be referred to the relevant club(s) for action.

1.DISCIPLINARY CODE OF CONDUCT
The following rules of conduct shall be complied with and actively maintained by clubs, their officers and representatives, captains, players and spectators. All participants shall at all times conduct themselves fairly and properly on and off the field of play, whilst on any part of a cricket ground including the pavilion and car park, not merely the field of play. The following behaviour, although not exclusively, shall be regarded as conduct that is not fair and proper:

• verbal or physical abuse or hostility towards any other participant or member of the public.
• disputing of an Umpire’s decision or reacting in an obviously provocative or disapproving manner towards an Umpire at any time.
• using crude and/or abusive language or disparaging remarks, comments or gestures by word or action, sledging or giving hand signals or engaging in like conduct.

 

2. RECEIVING A COMPLAINT OR ALLEGATION
Should a complaint or an allegation be made against a Club, its officers or representatives, captain, players or other individuals the League Secretary, on behalf of the League Committee shall, in the first instance, refer any complaint or allegation received to the Management of that club requesting that the allegations be investigated and a written response be provided to the League Committee within 7 days of receiving the complaint.
Should the League Committee be satisfied that the allegations have been satisfactorily investigated and that any subsequent action taken by the Club is appropriate then the result of the investigation shall be reported back to the originator by the League Secretary and the complaint or allegation shall be considered closed. (i.e. in this event, there shall be no right of appeal to the League Committee)
Should the BCL Committee not be satisfied that the allegations have been sufficiently investigated or that any subsequent action taken was not appropriate then they reserve the right to appoint a Disciplinary Panel or other body to conduct further investigation and to deal with the original complaint or allegation. The Disciplinary Panel or an appointed body shall be expected to follow the procedures laid down in the Complaints and Disciplinary Procedures below. In reaching any decision they shall take account of codes of conduct, guidelines, and policies issued from time to time by the England and Wales Cricket Board and Berkshire Cricket Limited.

3. COMPLAINTS & DISCIPLINARY PROCEDURES
Any Club or individual wishing to lodge a complaint with the BCL Committee on any cricket related matter must do so by completing the Complaint form and sending it by post or e-mail to the League Secretary within 48 hours of the alleged incident. Upon receipt of a complaint or allegation being received the League Secretary shall:

1. Record and acknowledge receipt of the communication to the complainant within 48 hours of receipt of the complaint

2. Refer the complaint to the relevant Club or Clubs for investigation and appropriate action within 48 hours of receipt of the complaint

3. Request a written report of the investigation and details of any action taken by the Club or Clubs. Such report must be received by the League Secretary within 7 days from receipt of the complaint by the Club or Clubs.

4. If the allegation is of a serious nature, Level 3 or 4, and more time to investigate is necessary then the Club can request more time by providing the League Secretary with an interim report of progress in their investigation by post or e-mail.

5. Advise the BCL Committee that a complaint or allegation has been received and has been passed to the relevant Club or Clubs or any other action taken with 48 hours of receipt

6. Advise the BCL Committee when the report has been returned and if any further action is required by the League Committee.

On behalf of the League Committee convene a Disciplinary Panel to deal with any matters that are not satisfactorily dealt with by the Club or Clubs involved in the complaint or allegation.

7. In the event that the League Committee is required to convene a Disciplinary Panel they may request further reports from the Club Officers or representatives, the Umpires, Captains and Players to be with the League Secretary within 48 hours of such request being received.

8. As soon as all the reports have been received, the appointed Disciplinary Panel shall convene to consider the complaint, reports. personal representation and any mitigating circumstances.

9. Any Club, its officer or representative or other individuals against whom a complaint has been made shall, at the time of responding to the complaint or allegation have the right to request a personal hearing.

4. DECISION AND PENALTIES
The League Secretary shall inform the Club, its officers and representatives or other individuals concerned of the outcome of any complaint or allegation that have been upheld against them and the resultant award of any penalties. All decisions will be confirmed in writing or e-mail by the League Secretary.

5. APPEALS PROCEDURE
Any Club, its officers or representatives, captains, players or other individuals shall have the right to appeal against a decision of the Berkshire League Committee or its Disciplinary Panel

1. Notice of appeal, setting out the grounds for an appeal must be given in writing to the Berkshire Cricket League Secretary within 7 (seven) days of the decision, together with a refundable fee of £100 made payable to Berkshire Cricket League. The fee is refundable in the event of the appeal being successful.

2. Upon receiving notice of appeal, any penalty imposed by the original decision shall be suspended pending the hearing of the appeal.

3. The appeal shall be by way of a personal hearing by an independent Appeals Committee convened by the Berkshire Cricket League and with, wherever possible, representation from Berkshire Cricket Limited. The Appeals Committee may also, at its sole discretion, request other parties to attend the hearing and give evidence.

4. Any Club, its officers or representatives, captains, players or other individuals shall have the right of attendance and may call witnesses in support provided that the witnesses had previously provided evidence to the original Discipline Panel.

5. The Appeals Panel may cancel, reduce, maintain or increase the original penalties awarded. The decision of the Berkshire League Appeals Panel shall be final and binding on all parties.

 

6. NON-PAYMENT OF FINES
Any fine levied under these procedures or for the breach of any League rule must be paid to the League within twenty-eight days of the Member Club being notified of such fine. Any fines still outstanding at the end of that period shall be increased by 100% of the original fine, when a senior officer of the offending Club shall be notified to the effect that the fine is outstanding and given a reminder that if after a period of fourteen days from that reminder, the fine is still outstanding, a deduction of five points shall be made from the points gained by the side that received the fine. In respect of other payments owed to the League by Member Clubs, these shall be treated as if they were fines, except that points shall not be deducted. Such payment shall continue to increase by 100% for each further twenty eight day period that the payment remains outstanding.

OUTLINE TIMETABLE
Day 0 Alleged incident, breach of Rules & Regulations, Code of Conduct
Day 2 Report or Complaint received by the League Secretary
Day 4 Acknowledgement by League Secretary
Day 4 League Committee informed by League Secretary
Day 4 Report passed to the Club for investigation and action
Day 11 Investigation completed, action taken, League Secretary informed
Day 13 League Committee informed by League Secretary
Day 13 If required, League Committee convene Discipline Panel
Day 13 League Secretary informs all of the date and venue of hearing
Day 15 Originator informed of the outcome of the investigation and action
Day 18 Disciplinary Panel meets – decisions to League Secretary
Day 19 Outcome and decisions notified to the League Committee
Day 19 Outcome and penalties notified to the Clubs by League Secretary
Day 26 Notice of appeal + grounds + £100 cheque received by Secretary
Day 27 Appeal Hearing
Day 28 Decision of Appeals Committee conveyed to the club(s)
Day 29 Appeals decision published on League website