VICTORIAN BASKETBALL REFEREES ASSOCIATION INC VBRA TRIBUNAL BY-LAWS (Approved at the VBRA March 2015 Board Meeting)
CONTENTS 1. Introduction... 2 2. Powers and Jurisdiction... 2 3. Organisation of the VBRA Tribunal... 2 4. Reportable Offences and penalties... 2 5. Investigations... 2 6. Procedures for lodging a report... 2 7. Attendance at Tribunals... 14 8. Procedures for Tribunal Hearings... 2 9. Penalties... 2 10. Enforcement of Penalties... 2 11. Appeals... 2 12. Miscellaneous... 2 1. INTRODUCTION 1.1 These By-Laws have been laid down by the Board of Management of the Victorian Basketball Referees Association (VBRA) under Article 18 of its Rules of Management, and have been approved for the purpose by Basketball Victoria. 1.2 These By-Laws are to be applied to all VBRA Tribunals from 1 January 2005, and supersede all previous VBRA Tribunal By-Laws. Any penalties handed down under previous By-Laws shall continue to apply. 1.3 These By-Laws apply to reports concerning the conduct of members of all branches, regions and sub-committees of the VBRA, and unlicensed persons acting as members of the VBRA. VBRADOC-021-002 Page 2 of 25
1.4 Principles 1.4.1 The main objective of these By-Laws is to ensure that reports concerning the conduct of members of the VBRA are dealt with fairly, impartially and consistently. 1.4.2 VBRA members are required at all times to show restraint in the face of provocation. Members have the support of the rules of the game and of the Basketball Victoria Tribunal in dealing with unreasonable behaviour. 1.4.3 VBRA Tribunals will treat all reported persons as innocent until judged guilty according to these By-Laws. 1.4.4 VBRA Tribunals will determine guilt or innocence based on the balance of probability after considering all of the evidence presented. If a Tribunal is unable to form a judgement based on the evidence then the benefit of doubt will rest with the reported person. 1.4.5 Charges will be determined by the vote of the majority of the Tribunal members present and voting. 1.4.6 Tribunal members will maintain the confidentiality of all Tribunal deliberations. 1.4.7 These By-Laws direct VBRA Tribunals to concentrate on the delivery of fairness without undue emphasis on technicalities. Specifically, Tribunals are required to hear and determine reports even though minor technical details of the reporting process may not have been strictly followed. 1.5 To the extent that the principles of Natural Justice are not included in these By-Laws, they are expressly excluded. These By-Laws are intended to be complementary to the Basketball Victoria Tribunal By-Laws. The Basketball Victoria Tribunal By-Laws shall apply in any matter not specifically covered by these By-Laws. VBRADOC-021-002 Page 3 of 25
2. POWERS AND JURISDICTION 2.1 A VBRA Tribunal shall have the power to determine charges laid against any member of the VBRA (including referees, referee-coaches, score table officials, statisticians, referee advisers, and VBRA office holders at any level) arising from or related to competitions conducted by Basketball Victoria, its affiliated associations or its governing or delegated bodies, from competitions or championships where the member represents Basketball Victoria or its affiliated associations or its governing or delegated bodies, or from the affairs of the VBRA or its constituent entities at any level. 2.2 A VBRA Tribunal may also hear charges against persons acting as referees, referee-coaches (or similar), score table officials or statisticians who accept official appointments and/or payment (including reimbursement of expenses) while not holding a current VBRA membership Licence. 2.3 Charges may be laid by any person in good standing with Basketball Victoria. Charges will be reviewed according to these By-Laws and may result in a tribunal hearing, local action, or summary dismissal of the charge. 2.4 A VBRA Tribunal may impose any one or more of the following penalties on any person found guilty of a reportable offence:- Reprimand Bond Suspension Ban 2.5 A VBRA Tribunal may not impose a fine or a suspended sentence. VBRADOC-021-002 Page 4 of 25
3. ORGANISATION OF THE VBRA TRIBUNAL 3.1 The VBRA Tribunal system shall consist of the VBRA Tribunal and the VBRA Appeals Panel. 3.2 VBRA Tribunal 3.2.1 The Board of Management of the VBRA shall from time to time appoint the VBRA Tribunal Chairperson and the VBRA Tribunal Secretary. 3.2.2 The VBRA Tribunal Chairperson must be an eligible Tribunal member and should be a Life Member of the VBRA. 3.2.3 The VBRA Tribunal Secretary should be an eligible Tribunal member. 3.2.4 The VBRA Tribunal must hear: 3.2.4.1 Charges referred to it by the President or the Board of Management of the VBRA 3.2.4.2 Charges referred to it by Basketball Victoria including any Basketball Victoria Tribunal 3.2.4.3 Charges arising from state-level representative leagues 3.2.4.4 Charges relating to VBRA Branch, Regional or subcommittee affairs 3.2.4.5 Charges arising from a Basketball Victoria or VBRA investigation 3.3 Charges laid by any person in good standing with Basketball Victoria will be heard by the VBRA Tribunal, unless the VBRA Tribunal Secretary determines that the matter is more appropriately dealt with in accordance with By-Law 6.2.4 3.4 Eligibility for Membership of VBRA Tribunals To be eligible to be a member of a VBRA Tribunal, a person should have each of the following qualifications: 3.4.1 Be a Life Member of the VBRA or hold a Referee-Coach s certificate acceptable to the VBRA 3.4.2 Be a member of the VBRA in good standing and have been a member for at least five years VBRADOC-021-002 Page 5 of 25
3.4.3 Not have been suspended, disqualified or banned by any tribunal affiliated with Basketball Australia (including player tribunals) during the preceding five (5) years 3.4.4 Not have an on-going association with any Eligible Participant (either personally or through a basketball association), nor have any conflict of interest in respect of the matter. 3.5 Composition of VBRA Tribunals For each VBRA Tribunal hearing, the VBRA Tribunal Chairperson shall nominate the hearing chairperson (possibly him- or herself) and the members of the hearing. 3.5.1 The hearing chairperson should be, wherever possible, a Life Member of the VBRA or a Level 2 or higher Referee-Coach 3.5.2 A VBRA Tribunal will consist of not less than three and not more than five members. However, a hearing chairperson may permit a hearing to proceed with two members in exceptional circumstances. 3.5.3 In particular cases the VBRA Tribunal Chairperson may invite a member of a BV Tribunal, a member of the BV Technical Officials Commission, or any other suitably experienced and reputable person to sit as a member of a VBRA Tribunal hearing 3.5.4 The hearing chairperson will appoint a hearing officer for each hearing, who may be an eligible voting member of the Tribunal, or a non-voting assistant. 3.5.5 The hearing officer is responsible for documenting the outcomes of the hearing and forwarding them to the VBRA Tribunal Secretary without delay. The VBRA Tribunal Secretary shall periodically forward the details of all VBRA Tribunal penalties to the Basketball Victoria Tribunal Convenor. VBRADOC-021-002 Page 6 of 25
4. REPORTABLE OFFENCES AND PENALTIES 4.1 Any person in good standing with Basketball Victoria may report a member of the VBRA for any of the following: Category One (1) OFFENCES Maximum Penalties 4.1.1 Gross Misconduct Life-Time Suspension 4.1.2 Deliberately endangering the safety or health of any person, Life-Time Suspension (Incidents involving bodily fluids, including spitting) 4.1.3 Striking or Kicking Life-Time Suspension 4.1.4 Racial or other vilification 52 weeks suspension 4.1.5 Attempting to strike or kick 52 weeks Suspension 4.1.6 Otherwise assaulting or attempting to assault 52 weeks Suspension 4.1.7 Putting a person in fear of impending violence 52 weeks Suspension 4.1.8 Threatening a person 52 weeks Suspension VBRADOC-021-002 Page 7 of 25
Category Two (2) OFFENCES Maximum Penalties Hearing Held Prescribed penalties on Plea of Guilty. No Hearing conducted. 4.1.9 Using offensive language (including abusive, obscene or insulting language) 20 weeks Suspension 3 weeks Suspension 4.1.10 Using an offensive gesture 20 weeks Suspension 3 weeks Suspension 4.1.11 Criticising another member of the VBRA to the detriment of that member s reputation 20 weeks Suspension 4 weeks Suspension 4.1.12 Failing to report a reportable incident to a BV or VBRA Tribunal 20 weeks Suspension 3 weeks Suspension 4.1.13 Failing to attend a BV or VBRA Tribunal hearing without reasonable excuse 20 weeks Suspension 3 weeks Suspension 4.1.14 Failing to honour an officiating appointment without reasonable excuse 20 weeks Suspension 3 weeks Suspension VBRADOC-021-002 Page 8 of 25
4.1.15 Hindering, or failing to co operate in, a hearing or investigation under these bylaws 20 weeks Suspension 3 weeks Suspension 4.1.16 Cheating in matters of time or score sheets 20 weeks Suspension 4 weeks Suspension 4.1.17 Bringing basketball into disrepute 19 weeks Suspension 3 weeks Suspension 4.1.18 Contempt of a tribunal or investigation 19 weeks Suspension 3 weeks Suspension 4.1.19 Failing to follow the reasonable directions of an Officer (1) of the VBRA, an approved referees supervisor, score table officials supervisor, statisticians supervisor, or referees advisor. 12 weeks Suspension 3 weeks Suspension 4.1.20 Refereeing, playing, coaching, The original penalty score table activities or accepting will be doubled, technical appointments while under suspension. starting on the date of the current hearing. The original penalty will be doubled then deduct two weeks. Penalty to commence on the date of receipt of your letter of acceptance by the VBRA. VBRADOC-021-002 Page 9 of 25
4.1.21 Entering a basketball stadium or surrounding area in the defiance of a VBRA Tribunal or BV Tribunal ban. The original penalty will be doubled, starting on the date of the current hearing. The original penalty will be doubled then deduct two weeks. Penalty to commence on the date of receipt of your letter of acceptance by the VBRA. In regard to 4.1.1 The hearing must take the nature and severity of the offence into consideration when determining an appropriate penalty. Examples of Misconduct include gambling on the outcome of a match, wilful damage, officiating under the influence of alcohol or illegal drugs, wilful defiance of a VBRA policy, or gross breach of BV Code of Conduct for Referees. The foregoing is not a complete list and a Tribunal may deliberate on any matter of misconduct. (1): President, Vice-President, Honorary Finance & Administration manager or similar office holder. 4.2 Matters of officiating competence or performance are specifically excluded and may not be considered by a VBRA Tribunal. Such matters are the jurisdiction of the local referees adviser or the relevant league, competition or tournament supervisor of referees, score table officials or statisticians, as appropriate. 4.3 Reports may be made arising from any matter occurring within a basketball stadium affiliated with Basketball Victoria, or its surrounding area, or from any occurrence or action where the member is acting as a member of the VBRA (such as, without limitation, accommodation or airline travel booked by or on behalf of Basketball Victoria or the VBRA or any constituent body of either, or at VBRA meetings). VBRADOC-021-002 Page 10 of 25
5 INVESTIGATIONS The VBRA shall have the power to investigate any matter brought to its attention that might result in a Report, but where no formal Report has been lodged. Such investigations shall be conducted in accordance with the Principles contained in these By-Laws and may result in: 5.1.1 A formal Report 5.1.2 Counselling as to acceptable behaviour 5.1.3 A mediated settlement 5.1.4 Withdrawal of appointments at the member s Branch or Region 5.1.5 Exoneration 5.1.6 Such other resolution as the Investigation Panel deems to be appropriate, provided that such resolution is consistent with these By- Laws. An Investigation Panel may not apply a penalty specified in By- Law 2.4. 5.2 The chairperson and members (if any) of each VBRA Investigation shall be appointed on a case-by-case basis by the VBRA Tribunal Chairperson. 5.3 The format of a VBRA Investigation shall be determined on a case-bycase basis by the Investigation chairperson provided that such format is consistent with the Principles specified in these By-Laws. 5.4 An Investigation Panel may not ignore prima-facie evidence of a reportable offence, and must lodge a formal Report when presented with viable evidence of an offence carrying a maximum penalty of 20 weeks or longer. For matters of Misconduct the Panel must take the nature and severity of the alleged offence into consideration when determining whether or not to lodge a formal report. VBRADOC-021-002 Page 11 of 25
6. PROCEDURES FOR LODGING A REPORT 6.1 Any person in good standing with Basketball Victoria wishing to lodge a Report against a member of the VBRA shall complete a VBRA Report Form (appendix one) and forward it to the VBRA Tribunal Secretary within 7 days of the alleged event. In extenuating circumstances the VBRA Tribunal Secretary may process any written statement of report, and/or may allow a limited extension of time for the completion of the Report Form. 6.2 The duties of the VBRA Tribunal Secretary (in consultation with the VBRA Tribunal Chairperson) are: 6.2.1 To validate that the alleged offence is a matter reportable under these By-Laws 6.2.2 To ensure that the report is processed in a timely manner. In the event that a Report is received in a form other than the official VBRA Report Form, the VBRA Tribunal Secretary may return the Report Form to the reporting person along with a covering letter and a copy of the official VBRA Report Form. 6.2.3 For Category One (1) offences either: (a) Refer the report to a VBRA Tribunal or a joint VBRA BV Tribunal hearing. Or (b) Determine that no prima-facie evidence of an offence under these by-laws has been tendered and therefore reject the report. 6.2.4 For Category Two (2) offences either: (a) Determine that no prima-facie evidence of an offence under these by-laws has been tendered and therefore reject the Report Or (b) Refer the Report to such other authority or mechanism as may be appropriate to the case, including referring the matter to the Local VBRA Branch or referee s advisor or commissioner VBRADOC-021-002 Page 12 of 25
Or (c) Ascertain (via the Category Two (2) Offence Form) (appendix 2) if the reported person wishes to plead guilty to the offence/s and accept the prescribed penalty without a formal VBRA hearing. This being the case, the reported person, local branch secretary / Country Representative and the reporting person shall be advised of the result of the process in writing Or (d) If the reported person wishes to plead not guilty or does not respond to the VBRA Secretary within 7 days of notification then the report shall be referred to a VBRA Tribunal. 6.2.5 For Category Two (2) offences the reported person will not be offered the opportunity to plead guilty without a VBRA Tribunal hearing if they have previously appeared before the VBRA Tribunal and been found guilty or if in the opinion of the VBRA Secretary (in consultation with the VBRA Tribunal Chairperson) the prescribed penalty appears inadequate after assessment of the prima-facie circumstances of the report. 6.3 In the event that the matter is to proceed to a formal hearing, the VBRA Tribunal Secretary shall: 6.3.1 Endeavour to obtain the relevant official or officials contact details from the appropriate Secretary or Registrar 6.3.2 Forward the Report Form to the relevant body for information and validation. The relevant body shall validate or complete the Report Form in respect of the reported member s address, contact details and membership licence number, and return the Report Form to the VBRA Tribunal Secretary within 7 days of receiving it. The purpose of this procedure is to ensure that the relevant body is aware of the report and that the VBRA Tribunal Secretary has current contact information for the reported person. VBRADOC-021-002 Page 13 of 25
A relevant body is the Secretary of the relevant VBRA Branch or Region, the Referees Commissioner or Appointments Officer (or similar) of a representative league or tournament, or an official of the Scoretable Officials Association or Statisticians Association, as appropriate to the alleged offence. In order to preserve the privacy of VBRA members (and other persons), the relevant body may provide the contact details of the member to the VBRA Tribunal Secretary separately from the report form. The VBRA Tribunal Secretary shall treat all information provided in this manner as private and confidential information which may only be disclosed as provided for under governing law. 7. Attendance at Tribunals Eligibility to attend Tribunal Hearings 7.1.1 Required Participants Those required to attend (unless specifically excused by the VBRA Tribunal Secretary) are:- 7.1.1.1 The reported person 7.1.1.2 The reporting person 7.1.1.3 Other relevant officials witnesses or involved in the matter (eg other referee(s), score-table chairperson). 7.1.1.4 Any other VBRA member (including unlicensed officials) directed to attend by the VBRA Tribunal Secretary. 7.1.2 Other Eligible Participants The following persons also have a right to attend (in addition to those required to attend):- 7.1.2.1 One (1) witness (other than a Required Participant) called by the reported person. 7.1.2.2 One (1) witness (other than a Required Participant) called by the reporting person. 7.1.2.3 Other witnesses given special leave to attend by the hearing chairperson. VBRADOC-021-002 Page 14 of 25
The hearing chairperson will permit observers to attend the hearing (other than in exceptional circumstances). Observers may attend throughout all evidence, but may not participate in the hearing and shall retire while the VBRA Tribunal considers the verdict and any penalty. 7.2 Persons appearing before the VBRA Tribunal shall act on their own behalf and the use of an advocate or other representation, including legal representation, is not permitted. Any Required Participant under the age of 18 years may be accompanied by a parent, guardian or other adviser (other than a legal practitioner) over the age of 18 years. 7.3 If an Eligible Participant is unable to attend for good and acceptable reasons, then the Tribunal may accept written evidence tended by that participant, while being mindful that participants will not be able to question the evidence. The tribunal may also accept a personal representative, other than a legal advocate, of an absent Participant, who may act on the Participant s behalf. 7.4 Notification Procedures The VBRA Tribunal Secretary shall notify as follows those persons required to attend:- 7.4.1 Written notice, including details of the charges and a copy of the report form, shall be forwarded to each reported person 7.4.2 Written notice, including notice of the right of the reported person and the reporting person to each call one (1) witness, shall be forwarded to each Required Participant. It is the responsibility of the reported person and the reporting person to notify and make arrangements with their respective witness. 7.4.3 If the VBRA Tribunal Secretary is advised that a Required Participant is unable to attend for good and sufficient reason (in the opinion of the VBRA Tribunal Secretary):- 7.4.3.1 The Tribunal hearing may proceed as scheduled if both the reported person and the reporting person agree, or 7.4.3.2 The VBRA Tribunal Secretary shall endeavour to reschedule the hearing for a time (with the minimum feasible delay) convenient to all Required Participants. VBRADOC-021-002 Page 15 of 25
7.4.4 If any Required Participant is unable to attend within a reasonable period (as determined by the VBRA Tribunal Secretary), the hearing will proceed as scheduled by the VBRA Tribunal Secretary. 7.4.5 A hearing chairperson may direct that the hearing be conducted by teleconference. 7.5 Non-Attendance and Unsatisfactory Evidence 7.5.1 If any Required Participant fails to attend a scheduled Tribunal hearing without giving prior notice, the hearing will proceed after 10 minutes has elapsed from the scheduled time of commencement. 7.5.2 If the reported person fails to attend, or is unable to attend within a reasonable period and without sufficient grounds to delay the hearing, a plea of Not Guilty shall be entered on his/her behalf by the hearing chairperson. 7.5.3 Any VBRA member or unlicensed official who is a Required Participant and fails to attend a VBRA Tribunal without the prior approval of the VBRA Tribunal Secretary may be penalised by the Tribunal. 7.5.4 Any VBRA member or unlicensed official who, in the opinion of the Tribunal, gives false or misleading evidence, or acts in a manner contemptuous of the Tribunal, may be penalised by the Tribunal. 7.5.5 Any other Required Participant (other than as provided for in By- Law 7.5.3) who fails to attend may be reported to the Basketball Victoria Tribunal. 7.5.6 Any Eligible Participant (other than as provided for in By-Law 7.5.4) who, in the opinion of the Tribunal, gives false or misleading evidence, or acts in a manner contemptuous of the Tribunal, may be reported to the Basketball Victoria Tribunal. 8. PROCEDURES FOR TRIBUNAL HEARINGS 8.1 Order of Proceedings 8 1.1 The chairperson will request the name and status of all persons seeking to attend, and shall rule on the eligibility and status of such persons. VBRADOC-021-002 Page 16 of 25
8.1.2 Where a person under 18 exercises his/her right to an adviser in accordance with By-Law 7.2, the Tribunal will provide opportunity for the person to consult with the adviser, and will permit the adviser to speak or ask questions on behalf of the person throughout the hearing. 8.1.3 The chairperson will introduce the members of the Tribunal. The reported person and the reporting person will be asked whether they have any grounds for objection to any member of the Tribunal. If the chairperson finds that the objection is valid, then that member will stand down from the hearing. 8.1.4 The charge(s) will be read out in the presence of all persons eligible to attend. 8.1.5 The reporting person will be asked if the charge correctly represents his/her intention, and the reported person will be asked if the charge(s) is understood. 8.1.6 The reported person will be asked to plead. The reported person may plead Not Guilty or Guilty separately to each charge. 8.1.7 The reported person, the reporting person, and any observers permitted by the chairperson will remain in the Tribunal room while all evidence is given. Any witnesses who have not given evidence will be required to leave the Tribunal room until they are called to give evidence. 8.1.8 The reporting person may present evidence. The reported person may ask questions of the reporting person. 8.1.9 The reporting person may call one (1) witness. The reported person may ask questions of the witness. 8.1.10 The reported person may present evidence. The reporting person may ask questions of the reported person. 8.1.11 The reported person may call one (1) witness. The reporting person may ask questions of the witness. 8.1.12 Any other Required Participant may be called at any time deemed appropriate by the Chairperson. Both the reporting person and the person charged may ask questions of these witnesses. 8.1.13 The members of the Tribunal may question any participant at any time. 8.1.14 Everyone will be required to leave while the Tribunal deliberates. VBRADOC-021-002 Page 17 of 25
8.1.15 Where the Tribunal finds the reported person Guilty of any charge or charges, the Tribunal shall invite the reported person, and in exceptional circumstances the reporting person, to return to make a statement for the tribunal to consider before setting any penalty. Officials may not claim provocation as mitigation for an offence unless the provoking person has been found guilty by a Tribunal of a serious offence against the official. An official who does retaliate under such circumstances may be entitled to a plead provocation, provided that, in the opinion of the Tribunal, the response was reflex and not excessive. 8.1.16 The Tribunal shall then deliberate on any penalty in private. The result of the deliberations and the method of determining any penalties will be announced in the presence of all participants. 8.1.17 The Chairperson will advise the grounds for appeal. 8.1.18 The reported person will be given a written statement of the Tribunal s findings and any penalties, including a statement of the grounds for appeal and the date on which any bond, suspension or ban expires. 8.2 Findings 8.2.1 If any person fails to carry out a duty or notification required by these By-Laws, the Tribunal will proceed as if the duty or notification had occurred, unless the hearing chairperson deems that the failure may have disadvantaged the reported person or the reporting person, in which case the hearing may be deferred to allow any omission to be rectified. 8.2.2 The Tribunal may find a person Not Guilty, Not Proven, or Guilty of each charge, regardless of the plea of the person charged. 8.3 Alternate or Lesser Offences 8.3.1 If the Tribunal is not satisfied that a particular charge has been proved, but is satisfied that an equal or lesser offence has been proved, the Tribunal may find the person Guilty of the lesser offence (including Misconduct) and apply a penalty applicable to that alternate offence. VBRADOC-021-002 Page 18 of 25
8.4 Self Defence 8.4.1 An offence committed against an official does not automatically entitle that official (or another official) to retaliate. However, an official shall be entitled to use reasonable force to protect him- or herself after having been assaulted. Provided that the Tribunal is satisfied that the official has not provoked the assault and has not responded in an excessive manner, the Tribunal may find the official Not Guilty by reason of self defence. 8.5 Recordings and Video Evidence 8.5.1 Any eligible participant having video evidence shall be entitled to present that evidence provided that they have given the VBRA Tribunal Secretary at least forty-eight (48) hours prior notice. 8.5.2 The recording of proceedings is governed by the following: 8.5.2.1 In cases where an eligible participant wishes to have the hearing recorded that person must give the VBRA Tribunal Secretary at least forty-eight (48) hours prior notice. 8.5.2.2 An audio recording of a Tribunal hearing may be permitted by the hearing chairperson provided that the recording is made by a member of the Tribunal, the tape is sealed and the tape is forwarded to the VBRA Tribunal Secretary for future reference. This requirement shall apply regardless of which party provides the recording equipment. 8.5.2.3 An eligible participant is permitted to make a copy of a Tribunal hearing recording, provided it is done under the supervision of a member of the VBRA Board of Management, or the supervision the VBRA Tribunal Chairperson or Secretary. 8.5.2.4 It is presumed that Tribunal hearings will not normally be recorded by either audio or video equipment. It is contempt of Tribunal to record a Tribunal hearing without the prior permission of the Chairperson. 8.5.2.5 It is not required that a Tribunal advise participants of the right to request a recording of a hearing, but the Tribunal must respond to such a request if it is made. VBRADOC-021-002 Page 19 of 25
8.5.2.6 If a hearing is recorded then all participants must be advised of the recording by the Chairperson. 8.5.3 These Recording and Video Evidence procedures are also applicable to Investigations. VBRADOC-021-002 Page 20 of 25
9. PENALTIES 9.1 Principles for Determining Penalties 9.2 Bonds 9.1.1 In determining penalties, the Tribunal shall not be influenced if the person charged has pleaded Not Guilty. 9.1.2 A person found guilty of a first-offence shall have this taken into account when assessing the penalty. 9.1.3 The VBRA Tribunal may take into account a person s previous penalty (ies) from a VBRA tribunal in determining a penalty, provided that the maximum penalty for the offence is not exceeded 9.1.4 An additional penalty of up to sixteen (16) weeks above the maximum may be imposed where the official s actions have caused injury, for contempt of Tribunal, or for other special reasons decided by the Tribunal and notified when the decision is announced. In such cases the Tribunal may, if it deems appropriate, stipulate that the penalty is a ban from all Basketball Victoria venues for part or all of the period. 9.1.5 Multiple charges resulting from a single incident shall be considered together. The VBRA Tribunal may impose a single penalty for all charges, or may impose a separate penalty for each charge. The VBRA tribunal may direct that each penalty be served concurrently or consecutively, or any combination thereof. 9.2.1 A VBRA Tribunal may impose a Bond where the circumstances justify, in the opinion of the Tribunal, a penalty other than or in addition to a suspension. The bond amount shall be set in increments of $50 and 3 months duration, to a maximum of $200 and 12 months. 9.3 State-level Representative League Referees 9.3.1 Penalties will be applied to officials of Basketball Victoria statelevel representative leagues in exactly the same manner as other officials; that is, the same number of weeks will be applied to such officials, whether or not they officiate in such games on each week. VBRADOC-021-002 Page 21 of 25
10. ENFORCEMENT OF PENALTIES 10.1 A person who is suspended shall not be permitted to play, coach, referee, score or act as a statistician in any competition conducted by Basketball Victoria or its Affiliated Associations and Leagues, for the duration of the period specified by the Tribunal. VBRA & VBRA Branch Office Bearers, who are suspended by a VBRA Tribunal, are not permitted to perform the tasks of their role during such suspensions. 10.2 Basketball Victoria will circulate the details of major penalties of VBRA Tribunals to its Affiliated Associations. The decisions of any VBRA Tribunal shall be enforced by all VBRA Regions and Branches and by all Basketball Victoria Affiliated Associations and Leagues. 10.3 The Tribunal chairperson may delay the commencement of a penalty or vary the penalty to permit limited officiating (but not playing or coaching) in specific competitions, where this is in the best interests of basketball. This discretion will not be exercised in cases involving violence or serious misconduct, or where the chairperson perceives that their may be a threat to the safety of any person. 10.4 A person who is banned may not enter any venue or the surrounding area of any venue controlled by Basketball Victoria or an Affiliated Association for the duration of the ban (except for the purposes of attending a Basketball Victoria or VBRA Tribunal or investigation or appeal hearing). 10.5 Where a bond is imposed on a member, the bond shall be paid to the VBRA through the VBRA Tribunal Secretary within one (1) month of the penalty being imposed. If the bond is not paid within the due period, the VBRA Tribunal may take any further action consistent with these By-Laws (including suspension) until the matter is finalised to the satisfaction of the VBRA Tribunal Chairperson. The period of any bond shall commence on the date on which it is received by the VBRA Tribunal Secretary. VBRADOC-021-002 Page 22 of 25
10.6 Bonds shall be banked by the VBRA and shall be shown in the books of the VBRA. Bonds shall be returned to the member on the expiration of the bond period upon application by the member to the VBRA Tribunal Secretary, unless the member has been suspended or banned by a VBRA Tribunal in the intervening period (in which case the bond shall be forfeit). 10.7 Any person who is Banned by a VBRA Tribunal resulting from the administration of the VBRA or its Branches, Regions or sub-committees, may not hold a VBRA office for the duration of the ban, and, if the person was a VBRA office-holder when Banned, shall be automatically deemed to have resigned his or her VBRA office at the expiration of the time for Appeals, or at the conclusion of all Appeals, as appropriate. 10.8 The VBRA acknowledges and agrees that it is required to recognise and enforce penalties handed down against VBRA Members by the disciplinary tribunals of all other basketball associations, leagues and competitions which are affiliated with Basketball Australia and/or its Constituent Associations. 11. APPEALS 11.1 The VBRA Appeals Panel is empowered to hear matters referred to it by the President or the Board of Management of the VBRA, within the following categories:- 11.1.1 Appeals against decisions of a VBRA Tribunal 11.1.2 Disputes between VBRA Regions, Branches, or subcommittees 11.1.3 Disputes between a VBRA Region, Branch or subcommittee and the VBRA Board of Management 11.1.4 Any other matter which the President or the Board of Management of the VBRA deems requires adjudication 11.2 Procedures for Appeals If the matter is an appeal against a decision of a VBRA Tribunal, then no members of the Appeal hearing may have been involved in the initial hearing. 11.2.1 A person who has been penalised by a VBRA Tribunal and the reporting person may appeal against the finding or the penalty on the following grounds only: VBRADOC-021-002 Page 23 of 25
11.2.1.1 That the penalty imposed by a VBRA Tribunal is not in accordance with these By-laws 11.2.1.2 That the VBRA Tribunal failed to follow the procedures laid down in these By-laws, to the significant detriment of the person seeking to appeal 11.2.2 A person who has been penalised by a VBRA Tribunal may also appeal against the finding or the penalty on the following grounds: 11.2.2.1 That significant new or additional evidence has become available. 11.3 The person seeking to appeal shall lodge an application with the VBRA Tribunal Secretary, stating the details of the Tribunal hearing and the grounds for the appeal, within seven (7) days after the initial Tribunal hearing is concluded. The VBRA Tribunal Secretary shall collate all documentation relating to the matter and shall promptly forward it to the VBRA President for prompt consideration. 11.4 The President of the VBRA or his independent nominee shall be solely responsible for granting or rejecting an appeal hearing. 11.5 If an appeal hearing is granted the President of the VBRA or his independent nominee may or may not grant a stay of execution of the penalty imposed by the original VBRA Tribunal until the appeal is heard. 11.6 If the appeal is on the grounds that a penalty exceeds the maximum penalty provided for in these By-Laws, the President of the VBRA or his independent nominee may unilaterally reduce the penalty imposed to the maximum provided for in these By-Laws (but not less than the maximum). This action terminates any further right of appeal. 11.7 Eligibility for membership of a VBRA Appeal Panel is the same as eligibility for membership of a VBRA Tribunal. 11.8 The chairperson, hearing officer and members of each VBRA Appeal Panel shall be appointed by the President of the VBRA or his independent nominee on a case by case basis. VBRADOC-021-002 Page 24 of 25
11.9 The procedures for an appeal hearing shall be identical in all respects to those for a VBRA Tribunal and shall conform fully to these By-Laws. 11.10 If an appeal hearing is granted, it may be a complete re-hearing or it may be restricted to specific charges, based on the grounds of the appeal. An appeal hearing may also be restricted to a consideration of the penalty imposed, without reconsideration of the finding. 11.11 If an appeal hearing is granted it shall be heard within fourteen (14) days of the granting of the appeal hearing, unless exceptional circumstances apply. If the appeal cannot be heard within fourteen (14) days then the original penalty shall be set-aside until the appeal is resolved. 11.12 An appeal hearing shall have the power to:- 11.12.1 Dismiss the appeal 11.12.2 Uphold the appeal in respect of any or all charges 11.12.3 Impose any penalty consistent with these By-Laws 11.12.4 Reduce, increase or otherwise vary any or all penalties imposed by the original VBRA Tribunal, consistent with these By-Laws 12. MISCELLANEOUS 12.1 If during a hearing or investigation under these By-Laws it becomes known that criminal charges have been brought (as opposed to merely being the subject of a police investigation) arising out of the actions the subject of the hearing or investigation, the Tribunal or the Investigation Panel may rule that any further action be deferred until completion of the criminal charges, unless the police or other prosecuting authority advise that they have no objection to the matter proceeding. 12.2 In making a determination under By-Law 12.1, the Tribunal or the Investigation Panel shall have regard to the need to ensure the ongoing safety of all persons involved in basketball. VBRADOC-021-002 Page 25 of 25