Bermuda Cricket Board
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
Section VI - Enforcement of any Decision
Section VII - Independence of the Disciplinary Committee
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.