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Extraordinary matters


Posted by Kevin Owens on 02/08/2015 04:51



8. Extraordinary matters
 
8.1 - Protests
 
A Club may lodge a protest against the result of a match. All protests must be sent to reach the League Secretary by registered post or recorded delivery not later than the fourth day following the match and must be accompanied by a deposit of £5. At the same time and in all cases, a copy of the protest must be sent by registered post or recorded delivery by the Club protesting to the Club concerned. If the Management Committee uphold the objection, they shall have the power to award or deduct points and expenses or order the match to be replayed on a date and ground to be fixed by them and the money taken at the gate shall be at their disposal. If the Management Committee deem the protest to be trivial the deposit shall be forfeited.
 
8.2 - Discipline
 
(i) All Clubs shall provide, within their constitution, the means for disciplining Club members. Any contractual agreement between a Club and any player should incorporate an acknowledgment by the player that he agrees to be bound by the provisions of the League disciplinary procedures.
 
(ii) Except where the same are inconsistent with League Regulations, the ECB Model Disciplinary Regulations, and the YCB Disciplinary Code, shall apply to any disciplinary proceedings by the League or any Club.
 
(iii) Clubs should display in a prominent position in any Club premises, the ECB Code of Conduct and the Spirit of the Game, and the YCB Anti Racism and Race Equality Statement.
 
(iv) The League Management Committee shall have the power to deal with any misconduct or breach of League Regulations by any Club, player, Club member or supporter, in such way and to such an extent as shall seem fit.
 
(v) A Club shall be responsible for the conduct and behaviour of its officials, players, members and supporters, whether or not the Club have authorised such behaviour.
 
(vi) The circumstances of any conduct or behaviour within the confines of any Club premises, or ground, or premises or grounds under the control of the League or any Club, or at any official League function or occasion, which could bring the League, or the Club, or any Club, or the game of cricket generally, into disrepute or prejudice their good name and interests, shall be reported to the League Disciplinary Officer in writing at the earliest opportunity.
 
(vii) Conduct that should be reported shall include, but not be limited to, ungentlemanly conduct, dissent, foul or abusive behaviour, assault or threatening behaviour. In particular any such conduct that involves any reference to age, disability, race, origin, colour, social status and sexual orientation. 
 
(viii) Where the report of misconduct is made by the umpires officiating at a match, and relates to conduct occurring during the match, which shall include the periods immediately before and after the match, then the umpires shall determine the appropriate level of the offence committed.
 
(ix) In the case of an offence alleged at Level 1, then the umpires will, before they leave the ground, complete a Level 1 Report Form, and leave a copy for any player being reported, and an executive of the player’s club. 
 
(x) The effect of a Level 1 offence shall be that the player is suspended for a minimum period of 7 days (14 days in the event of a second or subsequent report for a Level 1 offence in the same season) commencing on the Thursday following the date of the report, unless, at any time before the suspension is due to take effect, a request for an appeal has been lodged with the League Disciplinary Officer, specifying the grounds for appeal and paying a deposit of £100.00.  The appeal shall ordinarily be heard on the Thursday of the second week following the date of the Report.  The player shall remain suspended until after the appeal hearing has concluded, unless the period of suspension has elapsed.  Any sentence shall take into account time served prior to the appeal hearing.
 
(xi) In the case of an offence alleged at a higher level, the umpires shall submit a report, using the appropriate Disciplinary Report Forms, to the League Disciplinary Officer.
 
(xii) The effect of a Level 2 offence or above, shall be that the player is suspended for a minimum period of 14 days commencing on the Thursday following the date of the Report, unless, at any time before the suspension is due to take effect, an appeal has been lodged with the League Disciplinary Officer, specifying the grounds for appeal and paying a deposit of £100.00. The player shall remain suspended until after the appeal hearing has concluded, unless the period of suspension has elapsed.  Any sentence shall take into account time served prior to the appeal hearing.
 
(xiii) The League expects Clubs to investigate any alleged misconduct, and take action without the need for the receipt of any written complaint, and any failure by a Club to take appropriate action will itself amount to misconduct by the Club, and may lead to disciplinary action.
 
(xiv) Immediately a Report is received the League Disciplinary Officer shall call for a report from the Club(s) concerned in the matter and allegations, together with full details of any action which the Club has already taken, or proposes to take.
 
(xv) Thereafter the League Disciplinary Officer shall consider the matter, including any appeal that has been lodged, and determine he appropriate penalty and advise the Club accordingly.The Club will at all times be responsible for notifying the player.  If the player and/or Club is dissatisfied with the decision of the League Disciplinary Officer, then, subject to payment of a deposit of £100.00, the matter will be referred to an Appeal Hearing that shall ordinarily be heard on the Thursday of the second week following the date of the Report. Any suspension shall continue until such time as the Appeal Hearing is concluded, unless the period of suspension has elapsed.   Any sentence shall take into account time served prior to the appeal hearing.
 
(xvi) A player reported for a Level 1 offence may be dealt with as having committed an offence at a higher Level if the League Disciplinary Officer determines that a suspension of 7 days may be inappropriate either because of the nature and circumstances of the alleged offence, or the conduct of the player, which may include the number of times the player has been reported for similar offences. 
 
(xvii) The period between the last day of the current season, and the first day of the subsequent season, shall not count for the purposes of calculating any period of suspension.
 
(xviii) Notice may be given to the Club Secretary by first class prepaid post, or by fax, or by e-mail, if the Club Secretary has provided a fax number or email address for service.
 
(xix) The player and the Club shall attend the hearing to present their case, and may be represented or supported by a colleague, and may call witnesses.
 
(xx) The hearing shall be conducted by the Disciplinary Committee of the League which will consist of not less than three persons, none of whom shall be connected with the player, or the Club, or their opponents at the time of the alleged breach, or a Club which might directly benefit from any disciplinary action.
 
(xxi) The Disciplinary Committee may seek further information about the allegations from the person(s) presenting the report, and from any other person or body who might be able to provide information about the allegations.
 
(xxii) If, at the hearing, the Disciplinary Committee finds the offence proved it shall have power to impose one or more of the following penalties, together with any order as to the payment of the costs of the proceedings and hearing, as it considers appropriate.
 
(1) In the case of the player:
a) require the player to submit an appropriate letter of apology within a specified time. 
b) record a reprimand and give a warning as to future conduct.
c) impose a fine.
d) suspend the player for a stated period of time.
e) deduct League points from the player’s team.
f) expel the player from the League.
 
(2) In the case of a Club:
a) require the Club to submit an appropriate letter of apology within a specified time.
b) record a reprimand and give a warning as to future conduct.
c) impose a fine.
d) deduct League points from the Club’s team(s).
e) relegate to any lower Division of the League (if applicable)
f) expel the Club from any competition of the League.
g) expel the Club from the League.
 
(xxiii) Such penalties may be applied to any or all of the Club’s sides and to any or all of the competitions under the control of the League.
 
(xxiv) The Disciplinary Committee shall have the power to suspend the operation of all, or any part of the penalty for such period and on such terms and conditions it considers appropriate.
 
(xxv) Decisions of the Disciplinary Committee shall be by majority vote, and, if necessary, the Chairman shall have a casting vote.
 
(xxvi) A player or Club shall have the right of appeal to the Appeals Committee. Notice of Appeal, setting out the grounds, must be given in writing to the League Disciplinary Officer within 7 days of the decision of the Disciplinary Committee, together with a deposit of £100.
 
(xxvii) The appeal shall be   by way of a rehearing before a different committee, consisting of not less than three persons, and the player or Club shall have the same rights of attendance and representation, and to call witnesses as they had before the Disciplinary Committ
 
(xxviii) The Appeals Committee may confirm, vary or reverse the decision of the Disciplinary Committee and it shall have the power to increase the penalty, or impose additional penalties, and award the costs of the appeal hearing.
 
(xxix) Decisions of the Appeals Committee shall be by majority vote, and, if necessary, the Chairman shall have a casting vote.
 
(xxx) The decision of the Appeals Committee or, if there is no appeal, of the Disciplinary Committee, shall be final and binding.
 
8.3 – Disclosure to the Press
 
Any Club causing information to be passed to the Press on any matter which is due for consideration by the League, shall be deemed guilty of a breach of the Rules and shall be subject to a minimum fine of £10.
 
8.4 – Security
 
All ‘home’ Clubs must provide a key for the Visitors’ Dressing Room, such key to remain in the possession of the Visiting team from the time of arrival until the end of the match. 
 
8.5 – Powers
 
The League Management Committee shall have full powers to deal with any misconduct or breach of League Regulations, or any matter affecting the League, by any Club, player or Club member or supporter, whether provided for in these Rules or not, in such way and to such extent as it shall think fit. For the avoidance of doubt the penalties available to the Management Committee shall include all those penalties available to the League’s Disciplinary Committee, or any combination of them, including the power to suspend the operation of all, or any part, of the penalty for such period and on such terms and conditions it considers appropriate.
 
8.6 – Decisions
 
The decision of the Management Committee shall be final and binding, save that where the penalty imposed includes expulsion, a deduction of points in excess of the points achieveable in any one match, or a fine in excess of £100, there shall be a right of appeal to the League Council.
 
8.7 – Appeals
 
Notice of Appeal, setting out the grounds, must be given in writing to the League Secretary, within 7 days of the decision of the Management Committee, together with a deposit of £100.
 
8.8 – Appeals and pending penalties
 
If Notice of Appeal is given the penalty shall not take effect pending the hearing of the Appeal, which shall take place as soon as is practicable.
 
8.9 – Appeals hearings
 
The Appeal hearing shall be by way of a hearing, and shall be conducted by a Committee of the League Council, which shall consist of not less than 5 persons, Representing the members of the League Council. In the case of Club representatives drawn from separate Clubs, none of whom shall be connected with the Club, or a Club which might benefit directly or indirectly from the decision.
 
8.10 – Right of attendance and representation
 
At the Appeal hearing, the Club shall have the right to attend and be represented, and to call witnesses and produce evidence, whether or not the Club was able to attend, or did not attend, when the decision under appeal was made. The Appeals Committee may seek further information from any person or body that it thought might be able to provide further information, and may, if appropriate, adjourn the hearing of the Appeal for such information to be provided.
 
8.11 – Appeals Committee decision
 
Decisions of the Appeals Committee shall be by majority vote, and, if necessary, the Chairman shall have a casting vote.
 
8.12 – Appeals Committee scope of decisions
 
The Appeals Committee may confirm, vary or reverse the decision of the Management Committee and it shall have the power to increase the penalty, or impose additional Penalties, and award the costs of the appeal hearing.
 
8.13 – The decision of the Appeals Committee shall be final and binding.