Gridiron West Tribunal Procedure

Transcription

1 Gridiron West Tribunal Procedure Version November 2017 Gridiron West, Inc Western Australia

2 TABLE OF CONTENTS 1. AUTHORITY TO FORM 3 2. AUTHORITY OF TRIBUNAL 3 3. MEMBERSHIP OF TRIBUNAL 4 4. RESPONSIBILITIES OF TRIBUNAL CHAIRPERSON 4 5. RECORDS OF TRIBUNAL FINDINGS 5 6. REPORTS BY OFFICIALS 5 7. INVESTIGATIONS 5 8. DUTIES OF OFFICIALS MAKING A REPORT 5 9. DUTIES OF GW BOARD ON RECEIVING A REPORT PRELIMINARY TRIBUNAL PANEL HEARING CONVENING FULL TRIBUNAL HEARINGS CONDUCT OF FULL TRIBUNAL HEARINGS NON ATTENDANCE AT FULL TRIBUNAL HEARINGS FULL TRIBUNAL HEARING CONDUCTED VIA TELECONFERENCE PROCEDURES OF THE FULL TRIBUNAL HEARING OFFENCES AND PENALTIES RIGHT OF APPEAL RELATIONSHIP WITH CRIMINAL MATTERS NATURAL JUSTICE RECOGNITION OF PENALTIES ACROSS ASSOCIATIONS DISCUSSIONS INFLUENCING THE DECISION CLUB SANCTIONS PROCESS FLOWCHART 17 Version November 2017 Page 2 of 17

3 1. AUTHORITY TO FORM 1.1 This procedure forms part of the Gridiron West (GW) Opera ons Manual and as such has authority under the Cons tu on and is binding on all members of affiliated associa ons and other persons or organisa ons which submit themselves to the jurisdic on of the affiliated associa on and Gridiron West. 1.2 Any and all previous by laws covering tribunals and penal es are expressly rescinded. For the avoidance of doubt all penal es handed down under any previous disciplinary by laws shall con nue to be recognised by Gridiron West. 1.3 The intent of the tribunal procedure is to support fair play and protect all members of Gridiron West by serving as a deterrent to offences that are contrary to this ideal. 2. AUTHORITY OF TRIBUNAL 2.1 The established tribunal panel of Gridiron West shall have the power to suspend, disqualify, reprimand, fine, bind, ban or otherwise deal with any person involved with gridiron and or the organising body (including, but not limited to players, coaches, teams, clubs, officials or spectators) in accordance with this procedure, regarding any incident arising from an ac vity conducted by the organising body. The incident may have occurred before, during or a er the conduct of the ac vity, within the confines of the field, ac vity venue or its immediate surrounds or elsewhere if directly related to gridiron ac vity of any sort. 2.2 The tribunal may also deal with any other disciplinary ma er delegated to it for adjudica on by the Gridiron West Board, including behaviour that is gridiron related and occurs or u lises a technological medium such as: 1. Mobile phones 2. or instant messaging services (including SMS) 3. Internet forums 4. Internet social networking sites 5. Other technologies that are a means of communica on 2.3 The tribunal must at all mes act independently and impar ally in carrying out its du es in accordance with this by law. Version November 2017 Page 3 of 17

4 3. MEMBERSHIP OF TRIBUNAL 3.1 The tribunal panel shall be appointed by the GW Board each year immediately a er the AGM or as requested and shall comprise of the following persons: 1. A tribunal chairperson who shall be a person of experience and skills suitable to the func on of chairing the tribunal and discharging the responsibili es set out under clause 4.1; 2. No fewer than two tribunal members in addi on to the chairperson; 3. At least two addi onal members must be appointed as subs tutes where the tribunal members would need to remove themselves due to a conflict of interest. 3.2 Where a tribunal chairperson or tribunal member resigns or is dismissed that a vacancy exists on the tribunal, the Gridiron West Board shall act to fill such vacancy by appoin ng a replacement for that posi on as soon as is reasonably prac cal to do so. 3.3 No tribunal decision shall be invalidated by any irregularity in the appointment of a tribunal member. 4. RESPONSIBILITIES OF TRIBUNAL CHAIRPERSON 4.1 Without limi ng the du es of the tribunal chairperson as set under the various clauses of this procedure, a person appointed to the posi on of tribunal chairperson is to ensure that the following tasks are carried out: 1. Raise with any proposed tribunal member a poten al or possible conflict of interest which may arise from me to me; 2. That accurate records are kept of all of the tribunal s proceedings and decisions; 3. Communicate to the Gridiron West Board the results of hearings of the tribunal; 4. Chair hearings of the tribunal or to ensure that such task is delegated to a member of the tribunal. Version November 2017 Page 4 of 17

5 5. RECORDS OF TRIBUNAL FINDINGS 5.1 A record of the tribunal findings and decisions will be forwarded to the GW Board secretary for no fica on to all par es, including any affected clubs and also the head of officia ng. 6. REPORTS BY OFFICIALS 6.1 Game officials and any GW Board official who has been empowered by GW, shall be en tled to report any person, team or club which, in the opinion of the official has commi ed an offence under the GW playing rules (currently IFAF) or the GW Opera ons Manual. 7. INVESTIGATIONS 7.1 Where GW, or an official of GW believes an offence has occurred, or where GW has received a formal le er of complaint but no report has been made, GW may inves gate, or appoint a person to inves gate, the alleged offence, and if a er that inves ga on, it or the person appointed to inves gate recommends that a report be made, GW or the person appointed by it may make a report. 8. DUTIES OF OFFICIALS MAKING A REPORT 8.1 An official who makes a report shall enter the details of the alleged offence(s) on the game day match report as soon as possible a er the match or inves ga on, no ng all par culars in connec on with the report so that a clear account can be given to the tribunal when the report is dealt with. 8.2 The official making the report shall ensure that the charged person, team of club as well as any other person involved in the report and all other match officials are informed of the report and where prac cal given a copy of the report as soon as possible a er the report is made. Version November 2017 Page 5 of 17

6 8.3 If the official is unable to give the report to the reported person, team or club it shall be forwarded immediately to the GW Board for forwarding to the club s nominated representa ve or contact address. 9. DUTIES OF GW BOARD ON RECEIVING A REPORT 9.1 Ensure all affected par es, including the reported person/club and witnesses have been no fied of the report, and that the ma er has been referred to the tribunal for considera on. 9.2 No fy the tribunal chairperson that a report has been received. 9.3 If the charged person is under 18, they are to be advised that they may have an adult with them as an advisor in all dealings with the tribunal panel. 10. PRELIMINARY TRIBUNAL PANEL HEARING 10.1 The preliminary tribunal panel hearing will be convened to inves gate any charges arising from an official report This tribunal panel hearing can be held through teleconferencing, via , or other forms of electronic communica on where a face to face hearing is imprac cal Where the offence is covered by those listed in sec on 16.3 the corresponding minimum sanc on will be offered to the alleged offender The repor ng officials, based on the severity of the offence, where they feel that the mandatory sanc on would not be an appropriate deterrent, may request that the charge be referred to the tribunal panel for addi onal sanc on The preliminary tribunal panel will meet prior to the next round of matches in which the reported person/team is par cipa ng to make a preliminary determina on of the alleged offence(s). Version November 2017 Page 6 of 17

7 10.6 The purpose of this mee ng will be to determine if there is sufficient grounds and evidence to prove the charge as stated in the official s match report If the offence falls outside of those offences that carry a mandatory sanc on or where it is an elevated offence under sec on 16.4 the tribunal, based on the charge and ini al evidence supplied, will offer the alleged offender a sanc on which they can accept, nega ng the requirement for a full tribunal hearing To determine this ini al sanc on offer, the tribunal panel can conduct addi onal enquiries with both the repor ng party and the alleged offender, to assist in the determina on of the penalty The ini al offer provided by the tribunal panel will take into considera on the assumed acceptance of the charge and responsibility for their ac ons by the charged person and any sanc on will be reduced accordingly Once provided with the offer from the tribunal the charged person will have 24 hours to respond with their acceptance of the sanc on or their request to challenge the determina on at a full tribunal hearing By challenging the ini al tribunal panel ruling the charged person understands that in doing so they waive their right to accept the ini al sanc on offer provided and may have their sanc on increased as a result of the full tribunal hearing if the charge is found proven. 11. CONVENING FULL TRIBUNAL HEARINGS 11.1 Where a charged person has chosen to challenge the ruling of the tribunal panel, a full tribunal hearing will be convened No fica ons of persons charged under this procedure shall include details of the day, me, and place of the full tribunal hearing at which the charge will be heard. No fica on must be provided in a reasonable me prior to such hearing This full tribunal hearing, where prac cal, should be held prior to the next round of matches in which the reported person/team is par cipa ng Failure to hold a full tribunal hearing prior to the next round of matches in which the reported person/team is par cipa ng does not invalidate this procedure and the Version November 2017 Page 7 of 17

8 preliminary tribunal panel decision, including any sanc ons, will remain in place un l such me as the full tribunal hearing is held The charged person may make applica on to the board, who may, at its absolute discre on, where it is sa sfied that there are sufficient grounds, order a stay of execu on of the penalty imposed un l such me as the full tribunal hearing is held Full tribunal hearings can be held via teleconference where it is not prac cal to meet in person due to reasons of hardship or distance. 12. CONDUCT OF FULL TRIBUNAL HEARINGS 12.1 The following persons shall be required to a end a tribunal hearing conducted under this procedure: 1. The charged person or the president, secretary or other delegate represen ng a charged team or club; 2. The repor ng official; 3. Any other person involved in the report; 4. Witnesses as indicated by the repor ng official or charged person; 5. Any witness required by the tribunal The following persons shall be en tled to a end a tribunal hearing where appropriate: 1. Any player of a charged team or club; 2. Any witnesses called to give evidence by a charged person, team or club; 3. Any witnesses called to give evidence by the repor ng official(s); 4. In the case of a charged person under the age of 18 years, an adult advisor to that person; 5. A person to assist the charged person The following persons may be able to a end a tribunal hearing with the permission of the tribunal: 1. GW Board representa ve; 2. Any other persons. Version November 2017 Page 8 of 17

9 12.4 Legal representa ves or advocates are not permi ed to appear before the tribunal unless in excep onal circumstances and where leave to appear has been granted by the tribunal chairperson. 13. NON ATTENDANCE AT FULL TRIBUNAL HEARINGS 13.1 If any charged person (or representa ve of a charged team or club) fails to a end a tribunal hearing without reasonable cause, the hearing may proceed, and a determina on made by the tribunal in the absence of the charged person, team or club, provided that the tribunal is sa sfied that all no fica on procedures have been carried out A charged person, team or club or repor ng official may apply to the tribunal chairperson to have a hearing adjourned if there are compelling circumstances which warrant such steps being taken. This will be at the discre on of the tribunal chairperson A charged person unable to a end a hearing shall be en tled to appoint a representa ve (who is not a legal prac oner) to appear in their place if that person intends to plead guilty, subject to the tribunal receiving a le er of consent from the charged person containing their guilty plea to the charges contained in the report, and any statement that person would have given to the tribunal had he or she a ended If any witness fails to a end a hearing, the hearing will con nue in their absence If a repor ng official fails to a end a hearing without reasonable cause, the hearing may proceed, and a determina on made by the tribunal in the absence of the repor ng official, provided that the tribunal is sa sfied that all no fica on procedures have been followed If a repor ng official or the GW Board inadvertently fails to carry out any du es listed in clauses 8 and 9, the charges will not be dismissed for this reason, but may be adjourned to allow the omission to be rec fied. Where appropriate the tribunal shall take the failure into account and make suitable allowance. Version November 2017 Page 9 of 17

10 14. FULL TRIBUNAL HEARING CONDUCTED VIA TELECONFERENCE 14.1 Charged par es can apply to hold the full tribunal hearing by teleconference where there are compelling reasons to do so such as cost, hardship or significant inconvenience to the charged person, team or club All aspects of the full tribunal hearing shall be conducted in accordance with this procedure where prac cable. 15. PROCEDURES OF THE FULL TRIBUNAL HEARING 15.1 In the event of a team of club being reported, one member of the team or club shall act as spokesperson for the team or club, provided that an individual member of that team or club may elect to speak on their own behalf At the commencement of a hearing, the chairperson shall iden fy the members of the tribunal, and determine of the charged person is present to answer the charge(s) set out in the report The charged person shall be asked whether they accept the members of the tribunal as impar al and independent, or whether they wish to raise any objec on in rela on to any member. If the objec on is found by the tribunal to be valid, then the tribunal member shall stand down for the dura on of the hearing The charged person and the repor ng official(s) shall be no fied of their right to remain in the hearing un l all evidence is presented, but not to be present whilst the tribunal considers its findings and determined an appropriate penalty (if any) The chairperson shall advise all those present of the method of recording the hearing The charge(s) as contained in the report shall be read out in the presence of all persons eligible to be present The charged person shall be asked whether the charge is understood, and the repor ng official asked whether the charge correctly represents their inten on. Version November 2017 Page 10 of 17

11 15.8 The charged person shall be asked to plead If the charged person pleads guilty to the charge(s), the chairperson may read a short summary of the facts, admit the repor ng officials evidence, and no witnesses need to be called to give evidence unless the tribunal requests it If the charged person pleads not guilty to the charge(s), then the chairperson shall ask witnesses except the repor ng official(s), and the charged person, to leave the room and to wait to be called to give their evidence The repor ng official shall proceed to give evidence, and the witnesses of the repor ng official may be called upon to give their evidence in turn, subject to the approval of the number of witnesses to be called by the tribunal in its discre on. The charged person may ask ques ons of the repor ng official or any witness called Each witness shall be en tled to leave the tribunal hearing a er giving evidence unless otherwise directed by the tribunal. Witnesses may be en tled to remain in the hearing room a er giving evidence with the permission of the tribunal The charged person shall then be en tled to present their defence. Witnesses may be called subject to the approval of the number of witnesses to be called by the tribunal in its discre on. Repor ng officials may ask ques ons of the charged persons or any witness called The tribunal is empowered to ques on any person giving evidence Where a person exercises their right to have an adult observer or adviser present in accordance with this procedure, an opportunity for consulta on will be provided Video evidence may be presented at the discre on of the tribunal At the conclusion of all of the evidence and submissions the chairperson shall ask the charged person, the repor ng official and all other persons present to leave the hearing room while the tribunal considers its findings If the tribunal is not sa sfied that the par cular charge has been proved, but is sa sfied that a lesser charge has been established, then the tribunal may find such lesser charge established and shall apply the penalty applicable to the lesser charge Where it appears to the tribunal that the repor ng official has made an error in laying the wrong charge, or omi ed charges that should have been laid, the tribunal may Version November 2017 Page 11 of 17

12 amend the charges and proceed to make a finding. Further, the tribunal has the right to direct that a person other than the charged person be charged with an offence under this procedure on the basis of evidence presented before it during the course of conduc ng a hearing The decision of the tribunal shall be given by the chairperson in the presence of all If the tribunal is sa sfied that a charge has been established on the balance of probabili es (more probable than not), it shall find the charge proved. Otherwise the charge will be dismissed If a charge has been found proved by the tribunal, the charged person shall be informed of the finding. Any previous convic ons against the charged person should then be laid before the tribunal The charged person should then be given the right to make a final statement in rela on to the previous convic ons or other mi ga ng circumstances before being asked to leave the room for a second me The tribunal shall then determine the penalty to be imposed (if any), and shall recall the charged person and officia ng official to advise of the penalty A er a penalty has been imposed, the tribunal chairperson shall inform the offender of their right of appeal including: 1. The me and date by which the appeal must be lodged; 2. The place of lodgement of the appeal The tribunal is not obliged to give oral or wri en reasons for any decision made by it under this procedure A charged person who has been convicted of an offence and received a penalty under this procedure shall not play, coach, referee or otherwise take part in any GW ac vi es as directed by the tribunal un l the penalty has been served to the sa sfac on of GW. Version November 2017 Page 12 of 17

13 16. OFFENCES AND PENALTIES 16.1 Clause 16.3 sets out the standard offences and mandatory penal es to be applied where a charged person has plead guilty and accepted the mandatory penalty prior to a tribunal Where a charged person pleads not guilty and therefore a tribunal is held these penal es become minimum sanc ons and the tribunal, in its discre on, can apply addi onal sanc ons based on the evidence provided and circumstances surrounding the offence Offences and penal es: 1. Figh ng a player ejected for figh ng by an official under the GW playing rules 1. First offence in a season 1 game 2. Second offence in a season 4 games 3. Third offence in a season referred to tribunal for determina on 2. Leaving the sideline to par cipate in a fight 1. First offence in a season 2 games 2. Second offence in a season referred to tribunal for determina on 3. Ejec on for two unsportsmanlike conduct penal es in a game by an official under the GW Playing rules 1. First offence in a season ½ game 2. Second offence in a season 2 games 3. Third offence in a season referred to tribunal for determina on 4. Abuse of an official 1. First offence in a season 2 weeks 2. Second offence in a season referred to tribunal for determina on 16.4 The following offences will automa cally be referred to the tribunal panel for determina on: 1. Targe ng 2. Racial vilifica on 3. Breaches of GW Code of Conduct 4. Spi ng 5. Bi ng 6. Kicking Version November 2017 Page 13 of 17

14 16.5 Where charges arising from one par cular incident are heard together and the tribunal finds the person or team guilty of more than one offence, it may impose a single penalty, or individual penal es for each offence Where the tribunal imposes more than one period of suspension, it may impose them to be served concurrently, or cumula vely, or part thereof Persons on a first offence will have this taken into account when accessing the penalty handed down The tribunal may take the charged person s prior convic on in determining a penalty to be handed down The tribunal has the discre on to apply suspended sentences as part of a penalty. This should remain in place for a period of 12 months If a charged person faces another tribunal in the period in which the suspended sentence is in place and is found guilty, the suspended sentence will be added to whatever penalty is handed down. 17. RIGHT OF APPEAL 17.1 The charged person can appeal the decision of the tribunal where they sa sfy the GW Board that: 1. Significant new or addi onal evidence has become available which is likely to make a material difference to the decision of the tribunal. 2. That the penalty imposed by the tribunal is not in accordance with the provisions of the procedure. 3. That the tribunal failed to follow procedures or requirements of this procedure to the significant detriment of the person seeking the appeal The GW Board may appeal a decision of the tribunal on the grounds that the penalty imposed is inadequate An appeal must be lodged with the GW Board within seven days of the decision outlining the grounds of the appeal and providing any further evidence if available. Version November 2017 Page 14 of 17

15 17.4 On receipt of the appeal the GW Board will appoint no fewer than three persons to hear the appeal The appeal board may, at its absolute discre on, where it is sa sfied that there is sufficient grounds, order a stay of execu on of the penalty imposed un l such me as the appeal is heard Unless granted relief under clause 17.5, the appellant shall serve any penalty handed down pending the determina on of the appeal There will only be one right of appeal following the decision of the tribunal. The decision of the appeal tribunal is final and binding on all par es. 18. RELATIONSHIP WITH CRIMINAL MATTERS 18.1 If during a tribunal hearing or inves ga on it becomes known that criminal charges have been brought (as opposed to merely being inves gated) arising out of the ac ons the subject of the hearing or inves ga on, the tribunal and/or GW Board may rule that further ac on be deferred un l comple on of the criminal charges, unless the police or other prosecu ng authority advise they have no objec on to the ma er proceeding In making a determina on under clause 18.1 the tribunal or GW Board shall have a regard to the need to ensure the ongoing safety of players, referees and other persons involved in GW. 19. NATURAL JUSTICE 19.1 To the extent that the principles of natural jus ce are not included in the provisions set out in this procedure they are expressly included. Version November 2017 Page 15 of 17

16 20. RECOGNITION OF PENALTIES ACROSS ASSOCIATIONS 20.1 GW acknowledges and agrees that it is required to recognise and enforce penal es handed down against individual persons, teams or clubs by the disciplinary tribunals of all other organising bodies, gridiron associa ons, leagues and compe ons which are affiliated with Gridiron Australia or its cons tuent associa ons. 21. DISCUSSIONS INFLUENCING THE DECISION 21.1 A charged person/team or anyone represen ng a charged person/team is not permi ed to contact a repor ng official or other par es involved in the reported incident, excluding their own witnesses from the me in which they are informed that a report will be submi ed and the tribunal hearing Discussions surrounding a report, details of the event or possible sanc ons should be avoided by all involved in the process including via online forums, chat groups or social media. 22. CLUB SANCTIONS 22.1 The GW Board can, in its discre on, refer a team/club to the tribunal where it feels that the disciplinary record of its members during the season has become excessive The team/club will be asked to provide the following: 1. Any mi ga ng circumstances or jus fica on for the team/club s poor record; 2. A detailed plan on how they will address the behaviour with their members; and, 3. A formal code of conduct that their members will be expected to adhere to The tribunal a er hearing the submission may recommend the following sanc ons: 1. Loss of points 2. Fine 3. Good behaviour bond Version November 2017 Page 16 of 17

17 4. Suspension or expulsion from the league 22.4 Any club sanc ons recommended by the tribunal must be ra fied by the GW Board prior to handing down. 23. PROCESS FLOWCHART Version November 2017 Page 17 of 17