RULES GOVERNING HEARINGS OF THE DISCIPLINARY COMMITTEE

 

 

Section I ? Introduction

 

These Rules Governing Hearings of the Disciplinary Committee (the ?Rules?) define the terms and conditions governing Hearings of the Disciplinary Committee.

 

The Rules are applicable to all individuals taking part in any cricket match sanctioned by the Bermuda Cricket Board (the ?BCB?) whether in Bermuda or otherwise.  In addition these Rules cover the conduct of all individuals registered as players with the BCB or any Individual affiliated with any Club or Organisation, as defined in the Constitution and Bye-Laws (together the ?Individual?) such conduct is not limited to actions that take place on the field of play.

 

These Rules are based on the principle of equal treatment of all individuals.  Unless otherwise specified, ?Individual? always means Individuals of both sexes.  All words in the singular also denote the plural and vice versa.

Capitalized terms not otherwise defined herein have the respective meanings set forth in the Constitution and Bye-Laws.

 

These Rules are designed to ensure a fair and systematic approach to enforcing appropriate behaviour for all Individuals.  Therefore we encourage Individuals to use reasonable judgement at all times and seek advice in any doubtful situation.

 

Section II ?Definitions

 

?Appeal Committee? means a Committee of the Board duly appointed in conjunction with the Constitution and Bye-Laws of the Bermuda Cricket Board. 

?Code of Conduct? means the Code of Conduct adopted by the BCB, as may be amended from time to time, a copy of which is attached hereto under Schedule 1.

 

?Disciplinary Committee? means a committee of the Board duly appointed in conjunction with the Constitution and Bye-Laws of the Bermuda Cricket Board. 

 

?Hearing? means any hearing of the Disciplinary Committee

 

?in writing? shall include without limitation electronic means such as fax and email

 

?Individual? means the definition applied in Section I above.

 

Section III ? Conduct of Individuals

 

 

The Bermuda Cricket Board?s Code of Conduct should guide the conduct of all Individuals whether related or unrelated to the game of cricket.

 

Section IV ? Notices

1.      All notices, instructions, requests, demands, acknowledgements and other communications required or permitted to be given or made under the terms hereof shall be in writing and shall be deemed to have been duly given or made (i) when delivered personally, (ii) when made or given by facsimile, email or such other electronic means, or (iii) in case of mail delivery, upon the expiration of three days after any such notice, instruction, request, demand, acknowledgement or other communication shall have been deposited in the mail for transmission by first class mail, postage paid, or upon receipt thereof, whichever shall first occur.

2.      All notices, instructions, requests, demands, acknowledgements and other communications shall be deemed to be received by an Individual when dispatched to their respective Club or Association in accordance with paragraph 1. above.

 

 

 

Section V ?Disciplinary Procedure

 

 

1. On receipt of an allegation or complaint against an Individual the Chairman of the Disciplinary Committee will determine if such allegation or complaint has merit.  If it is determined by the Chairman of the Disciplinary Committee, in his sole discretion, that an allegation or complaint requires further investigation, the Individual shall be notified in writing of the allegation and/or complaint against him/her and the date, time and location of any Hearing.  The notification will give at least 7 days notice.  In addition the Individuals Club or Association (to the extent that this such individual is a member of a Club or Association) will also be notified in writing of the allegation and/or complaint against the Individual.

 

2. The Individual has the right to attend the Hearing in order to present his/her case and to make any written submission.  The Individual may also make a written submission to the Hearing if they do not wish to attend.  If there is any reason why the Individual cannot attend on the given date but would otherwise wish to do so, then he/she must give written notice to the secretary to the Disciplinary Committee requesting a postponement.  Such request must be given at least 24 hours prior to the scheduled Hearing time and must state the reasons why attendance is not possible.  The Individual must provide suitable dates within the subsequent 3 weeks when attendance is possible.

 

3. The Disciplinary Committee will hear all events, circumstances and evidence of the alleged incident, misconduct or offence.  The Disciplinary Committee may request such third parties to attend and present evidence as they in their sole discretion determine may provide information relevant to the allegation of complaint.  The Individual will be given the right to respond if in attendance and may be questioned by the Disciplinary Committee.

 

4. If the Disciplinary Committee is satisfied that the Individual has been given adequate notice of the time, date and location of the Hearing, they may allow the hearing to proceed, if the Individual fails to attend.  If a request for a postponement, if provided in accordance with paragraph 2. above, has been made, the Disciplinary Committee may exercise discretion to postpone if the time, date or location detailed for the Hearing is such that the person cannot reasonably be expected to attend.

 

5. The Individual is entitled to be supported by a third party (one individual).  There is no right to legal representation but the Disciplinary Committee would ordinarily permit the Individual to be legally represented.  The BCB must be notified of the intention to have legal representation present no later than 5 working days prior to the Hearing.  The attendance or otherwise of the legal representative will not generally be accepted as a reason to postpone a hearing.

 

6. The Individual may produce any witness in support of their case. The Individual must provide written confirmation of their intention to provide witnesses 24 hours prior to the Hearing together with the name of such witness.  The unavailability of a witness will not however be grounds for postponement.  The witness evidence will be heard individually.  The Disciplinary Committee may question any witness.  In the event that a witness is unable to attend written evidence may be accepted by the Disciplinary Committee in lieu of attendance.

 

7. After hearing all of the evidence presented, the Disciplinary Committee will make a decision.  The Disciplinary Committee when making a decision may consider the conduct of the Individual during the course of the Hearing.

 

8. The Disciplinary Committee?s decision must at all times comply with the BCB Code of Conduct, however, with the concurrence of the Individual, may impose a blended punishment that will incorporate community service in addition to or in lieu of a ban or suspension.

 

9. At the conclusion of the Hearing if the Individual is present then they may either be informed as to whether the case to answer has been proven or otherwise or the Disciplinary Committee may notify them that it will reserve its decision.  If not in attendance, or the decision is reserved, the Individual will be notified in writing, within 5 working days, of any decision made.  At this time they will be informed of their right of appeal.

 

10. The relevant Club or Organisation will be informed of the decision of the Disciplinary Committee including any actions taken and the Individual?s Club shall comply and ensure that the decision is implemented/enforced. 

 

11. A full written record of the decision and the basis of the decision will be kept and produced at any appeal.

 

 

 

Section VI ?Enforcement of any Decision

 

 

1. If any Individual fails to comply with the decision of the Disciplinary Committee then further disciplinary proceedings may be instigated.

 

2. If any Club or Organisation fails to comply or adhere to the decision made in respect of any Individual by the Disciplinary Committee then disciplinary proceedings may be instigated against the said Club or Organisation, which may result in a fine and/or deduction of points.

 

 

 

Section VII ?Independence of the Disciplinary Committee

 

1. A member of the Disciplinary Committee adjudicating on a dispute must have no pecuniary or propriety interest in the outcome of the proceedings and must not reasonably be suspected of, or show, a real likelihood of bias.

 

2. No person connected with the Individual or the Club or Organisation of that Individual should sit on the Disciplinary Committee during the Hearing of such Individual.

 

 

 

Section VIII ?Right of Appeal

 

 

1.      The decision of the Disciplinary Committee can be appealed on the following grounds:-

 

?               The Disciplinary Committee did not apply the terms of these Rules and/or the Code of Conduct appropriately; or

?               The Disciplinary Committee failed to apply a relevant fact introduced at the hearing appropriately.

 

2.      If either of the criteria in paragraph 1. above can not be established there shall be no grounds for appeal.

 

3.      Any appeal must be forwarded to the secretary of the Appeals Committee together with a cheque for $250 within 7 days of receipt of the decision of the Disciplinary Committee.  The appeal must state what grounds (listed in paragraph 1. above) the decision of the Disciplinary Committee should be set aside together with evidence to support the appeal. 

 

4.      On receipt of an appeal the Appeals Committee will determine if the grounds detailed in paragraph 1. have been satisfied and will order one of the following:-

 

?               The Appeal is denied as no grounds for appeal have been established; or

?               The Appeal is accepted and the Disciplinary Committee should reconsider the decision based on the grounds cited; or

?               The Appeal is accepted and the Appeals Committee should rehear the case.  

 

The Appeal Committee will also have the right to suspend a decision of the Disciplinary Committee until such time that an additional hearing can be rescheduled.

 

5.      In the event that the Appeal is denied the Individual shall forfeit the $250 appeal fee and the fee shall be donated to an independent local registered charity.  If grounds for appeal are accepted the Individual shall be refunded the Appeal fee in full.  The Secretary of the BCB shall determine which independent local registered charity shall receive such appeal fee in his/her absolute discretion.

 

6.      The Appeals Committee shall be bound be these Rules.

 

 

Section IX ? Amendment to this Document

 

 

 

These Rules are subject to amendment from time to time in accordance with changes in BCB policy or legislated requirements. Individuals will receive proper notification of any amendments.