EXETER AND DISTRICT BASKETBALL ASSOCIATION
To be followed at a personal hearing of a charge preferred by the League against a player or a club official.
- At least 14 days before the date of the Discipline Meeting the General Secretary shall serve[i] all reports of the matter to be discussed.
- The player or club official concerned shall confirm in writing to the General Secretary whether they wish to question the author of any of the reports that the Discipline is based on – this will be at least 7 days prior to the date of the Discipline Meeting and whether the evidence based in the report is accepted. If there is no written confirmation from the player or club official 7 days prior to the appeal the report as written will be accepted in full without question.
- The Disciplinary Committee having assembled shall satisfy itself that the player has had details of the charge and if he has brought any witnesses. The player may be accompanied by his club representative who, unless he is conducting the case for his player, will not be allowed to take part in proceedings unless given leave at any juncture by the Chairman.
- The Discipline Committee shall admit into evidence any ‘accepted’ reports.
- The Disciplinary Committee shall admit the referee / umpire[ii] or the author of report the charge has been preferred and the person the subject of the charge. This is normally the referee / umpire and player concerned.
- The Chairman shall ask the referee / umpire if he wishes to amplify or qualify his report.
- The player or his representative (if he is conducting the case) shall be allowed to ask questions of the Association’s witness ie the referee / umpire, the question MUST be relevant to the matters in issue.
- At any time the Chairman and, through him, the members of the Committee may ask questions of the witness (referee / umpire) to clear up any doubts which may exist.
- The Secretary of the Committee shall then call other witnesses (if any) eg other officials in support of the charge. The player (or his representative) shall have the same right to ask questions of these witnesses.
- When all the evidence in support of the charge has been concluded any written statement made by the player shall be read by the Secretary to the Committee.
- The player may give evidence on his own behalf and in such event he may have questions asked of him by members of the Committee. The player may then call witnesses on his behalf and to each of whom questions may be put by the Committee members.
- In the event of the evidence submitted in answer to the charge, a point arises which the referee / umpire has not had an opportunity to deal with, the members of the Committee may ask him questions to dispose of any doubt that may have arisen.
- No written statements shall be accepted in evidence unless the author thereof shall be present for the purpose of being questioned (except as per accepted evidence as at 2) . All extraneous matter in evidence shall be ruled “out of order”.
- The evidence having been completed, the player (or representative if conducting the case) shall be entitled to make a submission based on the evidence, but this does not entitle him to introduce other facts disclosed by the evidence.
- The player and his representative referee / umpire and all witnesses shall then withdraw whilst the Committee consider the evidence to decide whether the charge is proven or not. Upon reaching a decision the player (and representative) and referee / umpire shall be recalled and the Chairman shall announce the Committee’s decision. The referee / umpire shall then retire.
- If the charges are PROVED the Secretary shall gives details of the record of the player. The player or his representative may then make a plea for leniency at the conclusion of which they shall withdraw.
- The Committee shall then proceed to decide what punishment to administer[iii].
- The player and his representative shall be re-admitted and the decision conveyed to them. The decision shall also be confirmed in writing to the player through his club, by the Exeter and District Basketball Association Secretary, together with details of how the player may appeal to England Basketball.
[i] Papers are considered ‘served’ if sent be recorded delivery to the contact address at least 16 days prior to the Discipline Meeting.
[ii] Referee / Umpire refers to the Official actually awarding the disqualifying foul, whilst the other official will also have submitted a report and attended the meeting in order to be available for questioning.
[iii] Subject to current Sanctions.