MARSDEN CRICKET CLUB
DISCIPLINARY POLICY
Marsden Cricket Club shall operate a Disciplinary Policy in accordance with the current Disciplinary Rules operating within the jurisdiction of the England and Wales Cricket Board.
The ECB Code of Conduct and Spirit of Cricket statement shall operate through the Club.
It is accepted by Marsden Cricket Club and its members that disciplinary policies are necessary to assist in maintaining standards of conduct and performance and for promoting fairness and order.
This policy has been designed to ensure Members are aware of their rights and obligations in respect of the disciplinary and appeals process.
The strictest confidentiality will be observed at all times throughout the application of this process by all individuals concerned.
Maintenance of Discipline
The Club Committee is the authorised body in respect of discipline within the Club and shall take whatever measures required to maintain an acceptable standard of behaviour and inflict appropriate penalties.
A Disciplinary Panel shall be appointed by the Club Committee and will deal promptly with any complaint or incident.
Action to be Taken Following an Incident
In the event of an incident occurring, Marsden Cricket club will instigate an investigation and take appropriate action against offenders, irrespective of whether the incident has been reported to the League.
Reporting an Incident
Any complaint about incidents of misconduct or improper behaviour must be notified in writing to the Club Secretary no later than 5 days following the incident. Any complaints reported outside this time will only be accepted in exceptional circumstances and at the discretion of the Chairman. The Complaint should be supported with evidence such as written statements from witnesses and other documents.
Members Rights
Right of Knowledge of Allegations
No action should be taken without the Member having the fullest opportunity to know of the allegations against which disciplinary actions is proposed to be taken, including copies of written allegations and all relevant evidence before any disciplinary hearing. However, some identifying information may be withheld.
Right to State Case
Every Member who is subject to a disciplinary investigation or disciplinary hearing shall be given the fullest opportunity to state their case before a decision is taken.
Right of Representation
The Member shall have the right of representation at every stage in the disciplinary procedure by another Member or friend. The chosen representative has a right to address the hearing but no right to answer questions on behalf of the Member.
Right of Appeal
Members must be made aware of their rights of appeal under the disciplinary procedure.
Right to Confidentiality
Members have the right to confidentiality regarding any disciplinary procedure and/or action which is taken against them.
Investigations
No disciplinary action of any kind will be taken without a full and fair investigation of the facts and circumstances surrounding each case.
The investigation should take place immediately or as soon as practicable.
The purpose of the investigation and all allegations made against the Member will be made clear prior to the investigation meeting.
Any member involved in the investigation may be required to provide a written statement.
Disciplinary Hearing
The Member will be notified in writing of the date, time and place of the hearing. The notification will clearly indicate the allegations which are being made against them.
Under normal circumstances a mutually convenient date will be agreed. However, undue delays cannot be allowed.
In consideration of the appropriate sanction, if any, the following non exclusive factors should be taken into account:
· The gravity of the offence
· The individual’s disciplinary record
· Any mitigating circumstances
When a member is persistently unable or unwilling to attend a disciplinary hearing without good cause, a disciplinary hearing will be held in their absence and a decision made on the evidence available at the time.
The hearing is not a Court of Law but an enquiry into the circumstances giving rise to the complaint. The Disciplinary Committee shall comprise of 3 members of the Committee. One of the Committee Members will make a written note of the Disciplinary Hearing.
Implementing the Decision Following a Disciplinary Hearing
Wherever possible the Member will be verbally informed of the decision and any action to be taken on the day of the hearing and will be advised that this will be confirmed in writing within 7 days of the hearing. The Member will also be informed of the right to appeal and should they wish to do so this must be done within 21 calendar days of receipt of the letter.
Appeal Rights
Every Member who is disciplined has the right to appeal against the decision.
All appeals should be made in writing within 21 days of the letter outlining the disciplinary sanction and stating clear grounds for appeal.
Appeals will be heard by Members of the Committee who have had no direct involvement with either the circumstances of the case or the decision to take disciplinary action.
The Member will have the right to be accompanied at the appeal hearing.
The Disciplinary Appeal Committee shall have the power to uphold or vary the decision and to uphold, increase or decrease penalties (if any) imposed or to order a fresh hearing.
The decision of the Disciplinary Appeal Committee shall be final and binding on all parties and shall be confirmed in writing as soon as possible thereafter.
Penalties
The Disciplinary Committee shall impose such penalties as they consider appropriate in accordance with the schedule of penalties laid down by the Club from time to time and published in the Club Code of Conduct and Club Rules.