Lincolnshire County Association Disciplinary
Procedures
All doping offences are dealt with separately, in accordance with the All England Netball Limited (herein after referred to as England Netball) Regulations for Anti-Doping Control.
1. Definitions and Interpretation
1.1 Words and expressions in these Disciplinary Regulations shall have the same meaning as in the Regional Associations Constitution & Bye Laws.
1.2 In these Regulations:
"Appeal Panel" / means a group of people appointed by the LCNA under Regulation2.4(c) below;
“League Association” / means those League Associations admitted as members of the
Association pursuant to the Articles and the Membership Regulations of
England Netball
"Disciplinary Panel" / means a group of people appointed by the LCNA under Regulation
2.4(b) below;
"FENA" / means the Federation of European Netball Associations;
“IFNA” / means the International Federation of Netball Associations;
"Investigation Committee" / means a group of people appointed by the LCNA under Regulation
2.4(a) below;
1.3 Words importing the singular shall include the plural and (unless the context otherwise requires) the definite article shall include the indefinite article and, in each case, vice versa.
1.4 Words importing the feminine gender shall include the masculine gender.
1.5 The descriptive headings to these Regulations are inserted for convenience only and have no legal effect. They shall not be taken into account in considering the construction or interpretation of these Regulations.
1.6 These disciplinary regulations relate to:
(a) Any disciplinary offence as set out in Regulation 3 below by a member or Registered Participant;
(b) Any appeal by a member or Registered Participant against disciplinary decisions of a County / League Association brought in accordance with Regulation 10 below;
(c) Any appeal by a member or Registered Participant against disciplinary decisions relating to
competitions sanctioned by County / League Associations brought in accordance with Regulation 10 below.
Lincolnshire County Association Disciplinary
Procedures
2. Authority to Regulate
2.1 Lincolnshire County Association under the governance of England Netball the governing body of the sport of Netball in England under the jurisdiction of IFNA.
2.2 The purpose of these Regulations is to deal with any violation of the County Associations constitution, Bye Law’s & in line with England Netball Memorandum and Articles of Association and the rules, regulations and any policies and codes of conduct relating to the sport of Netball in England and any conduct which falls within Regulation 3 below. The LCNA has the power to maintain, amend and enforce these Disciplinary Regulations.
2.3 To be eligible to participate or assist in any event or activity organised or authorised or held under the regulations of the County Association wherever held, a person must comply with the Regional Associations Constitution, Bye Law’s and in line with England Netball’s Memorandum and Articles of the Association and the rules, regulations and any policies and codes of conduct relating to the sport of Netball and must not commit any conduct which falls within Regulation 3 below.
2.4 To investigate and decide any disciplinary offence the LCNA shall have the power to appoint
(a) An Investigation Committee;
(b) A Disciplinary Panel;
(c) An Appeal Panel.
2.5 The LCNA may establish such procedures and arrangements, and make such Regulations, as may be deemed necessary or advisable for the effective operation of these Panels. The LCNA may delegate some or all of its disciplinary functions to any disciplinary officer appointed by it. Including referral of any member to the EMRMB, should they conclude the offence to be of a serious nature.
2.6 The LCNA retains the right to suspend a member or Registered Participant from (or to impose conditions on participation in) any activity relating to the sport of Netball in the County at any time for the duration of the disciplinary process and in particular (without limitation), it has the right to suspend the member or Registered Participant from being eligible to conduct any, some or all of the following activities in the County: playing; training; practising; officiating; coaching; organising; administering; advising or promoting Netball. If the LCNA is minded to suspend any member or Registered Participant, it shall, before so doing, give that member or Registered Participant the right to make written representations within
any time limit set by the LCNA as to why such person should not be suspended.
2.7 The LCNA will keep any such suspension under review. If at any time they believe that the suspension is no longer required to protect the interests of the Association, the LCNA may reinstate the member or Registered Participant.
2.8 The LCNA may delegate the powers of suspension and reinstatement to any disciplinary officer appointed by it.
Lincolnshire County Association Disciplinary
Procedures
3. Disciplinary offences
3.1 A member or Registered Participant shall be liable to disciplinary action in accordance with these Disciplinary Regulations in any of the following instances:
(a) Any refusal or neglect to comply with the County Associations Constitution, Bye Laws, England Netball Memorandum of Association or the Articles of Association, or any Regulations or Standing Orders made pursuant thereto of the County Association; or
(b) Any failure to abide by the terms of any agreement related and notified to members or the
provision of facilities entered into by the County Association; or
(c) Any refusal or neglect to comply with the rules and regulations of the IFNA, FENA, England Netball or the Regional Association; or
(d) Has committed conduct that is disgraceful or opposed to the general interests of the County
Association or the sport of Netball (including, without limitation, gross misconduct, conduct that
brings the sport into disrepute, discriminatory conduct, harassment and inappropriate behavior in
relation to children, vulnerable adults or members or Registered Participants); or
(e) Breached England Netball policies adopted by the County Association or any terms of reference, codes of conduct, regulations or other rules of the Association as adopted by the County Association ; or
(f) Behaved in a manner that is or is likely to be prejudicial to an event organised by the County
Association or any other committee or any member or other body affiliated to the County
Association, Regional Association or England Netball or the administration of a training facility; or
(g) Behaved in a manner that is otherwise considered unacceptable and contrary to the conduct
expected of a member or a Registered Participant; or
(h) Any other matter raised by or about a member or a Registered Participant which concerns the
LCNA.
3.2 The LCNA may, where the matter is sufficiently serious, refer the matter to the Police or Social Services or other agencies for investigation and may postpone consideration of the matter by the County Association in accordance with these Regulations until their investigation has been conducted.
3.3 It is the duty of members and Registered Participants to report to the LCNA all facts or matters likely to bring the game of Netball or the County Association, Regional Association or England Netball into disrepute.
Lincolnshire County Association Disciplinary
Procedures
4. Conduct of Hearings: Burden of Proof
At all hearings before the Disciplinary Panel and Appeal Panel, the member or Registered Participant concerned shall be entitled to present evidence and to call witnesses and may be legally represented if they so choose and at their own cost. Both the Disciplinary Panel and the Appeal Panel must give written reasons for their decisions. The County Association shall have the obligation to prove that a disciplinary offence has taken place before both the Disciplinary and the Appeal Panels. Unless the Regulations of IFNA provide otherwise, a disciplinary offence must be proven beyond reasonable doubt.
5. Costs
5.1 Both the Disciplinary Panel and the Appeal Panel shall have the power to make awards of costs. This will be discretionary power. An award may require one of the parties to bear a part of or all the costs and expense incurred by another party.
5.2 Normally the County Association will pay the fees (if any) and expenses of the Disciplinary Panel and the Appeal Panel. The Appeal Panel shall have the power to reverse or amend any award as to costs made by the Disciplinary Panel.
6. General
6.1 A deviation from these Disciplinary Regulations shall not be permitted unless it can be established that there has been substantial compliance with the Disciplinary Regulations and the deviation is immaterial and/or has not infringed the rights of any member or Registered Participant who may have been the subject of an adverse disciplinary result or is otherwise the subject of disciplinary proceedings under these Disciplinary Regulations.
6.2 These Disciplinary Regulations are governed by the laws of England.
6.3 The LCNA shall aim to keep any disciplinary process confidential, but when it is clear that public knowledge of a positive disciplinary offence exists, or is likely to exist, the LCNA reserves the right to confirm the details as appropriate and would liaise with the member or Registered Participant concerned in this regard. The County Association has the right to publish details of any disciplinary action taken and the decision of any Disciplinary Panel and/or Appeal Panel.
6.4 All members and Registered Participants agree that the County Association may use any information it has regarding his/her contact details, past history and analytical data for all purposes envisaged by these Regulations and in particular, to the passing and use of information to and by the County Association, Regional Association, England Netball and FENA.
7. Investigation Committee
7.1 When any facts or matters are brought to the attention of the County Association, indicating that a member or Registered Participant may have become liable to disciplinary action as aforesaid, it shall be the duty of the LCNA to appoint an Investigation Committee to investigate the matter promptly.
7.2 The Investigation Committee is empowered to investigate all matters of a disciplinary nature referred to it.
7.3 The Investigation Committee shall consist of such person or persons as the LCNA shall decide, one or more of whom may be an LCNA member.
Lincolnshire County Association Disciplinary
Procedures
7.4 The LCNA shall send notice in writing of the complaint or the alleged infringement or failure to the member or Registered Participant. The notice shall set out the nature and particulars of the alleged offence, the procedures to be followed, the date by when any written representations are to be received by the Investigation Committee and the sanctions that may be imposed under these Disciplinary Regulations, should the offence be established.
7.5 The member or Registered Participant shall be given an opportunity of making written or oral
representations to the Investigation Committee of the facts and matters which the member or Registered Participant wishes the Investigation Committee to consider before they reach a decision. The Investigation Committee is empowered to interview and gather evidence from any person it considers may be relevant to its investigation including experts on the issues it is being asked to consider.
7.6 Written representation of the facts must be presented to the Investigation Committee within the time limit imposed in the initial notification to the person concerned.
7.7 The Investigation Committee will consider the available evidence and shall have power to call for any further information (if any), as the Investigation Committee may consider necessary to enable it to decide whether there is prima facie evidence that a disciplinary offence has been committed i.e. that the evidence is sufficiently complete and strong that the person concerned shall be called upon to answer for it.
7.8 The examination of evidence by the Investigation Committee will not constitute a hearing. The purpose of the review is to establish whether there is a case to answer.
8. Investigation Committee Process
8.1 The LCNA shall send a copy of the decision of the Investigation Committee to the member or Registered Participant concerned.
8.2 In the event that the Investigation Committee decides there is prima facie evidence that a disciplinary offence has been committed, the matter should then be referred to a full hearing before a Disciplinary Panel convened by the County Committee to decide whether an offence has been committed and, if so, the penalty to be imposed.
8.3 In the event that the Investigation Committee should decide that there is an absence of prima facie evidence that a disciplinary offence has been committed there shall be no disciplinary hearing.
9. Disciplinary Panel Process
9.1 The LCNA shall maintain a panel of independent individuals, including child protection and disability, race relations and gender, equity and ethics specialists, who may be invited to form a Disciplinary Panel that will hear cases where the Investigation Committee has found there is prima facie evidence that a disciplinary offence has taken place.
9.2 The Disciplinary Panel shall consist of not less than three persons. These persons shall not have served on the Investigation Committee concerned with the subject of the disciplinary hearing.
9.3 The LCNA shall notify all parties of the composition of the Disciplinary Panel and of date, place and time of the hearing when the Disciplinary Panel is to consider the matter.
Lincolnshire County Association Disciplinary
Procedures
9.4 The Disciplinary Panel hearing shall normally take place as soon as possible and normally within 14 days of the Panel having been convened. In order to allow time for the member or Registered Participant to prepare her/their case, the hearing may be postponed at the discretion of the Chair of the Disciplinary Panel.
9.5 The Chair of the Disciplinary Panel may make directions as to the conduct of the case and will usually demand that written submissions of any other party are served on the other party or parties and on the members of the Disciplinary Panel in advance of the hearing. In the absence of any such ruling from the Chair, the parties must provide in writing to the other and to the members of the Disciplinary Panel at least seven days before the hearing, any information and copies of all documents relating to the complaint that either party wishes the Disciplinary Panel to consider in relation to the matter. The party bringing the complaint shall serve a copy of the Investigation Committee's report on the members of the Disciplinary Panel at the same time. The Chair of the Disciplinary Panel will decide on issues relating to the admissibility of this evidence, the attendance of experts or witnesses and all other matters relating to evidence.
9.6 If the member or Registered Participant being disciplined does not attend the hearing fixed as aforesaid, then provided that the Disciplinary Panel is satisfied that notice of that hearing was served on that person, the Disciplinary Panel may proceed to hear the complaint in the absence of that person.
9.7 The LCNA may appoint such person as it thinks fit including (for the avoidance of doubt) one of the members of the Investigation Committee to present the formal complaint against the member or Registered Participant before the Disciplinary Panel and such person or may instruct a solicitor or barrister to present the case in their place.
9.8 The Disciplinary Panel may instruct a solicitor to act as legal assessor on the hearing of any formal complaint.
9.9 A notice of any other document required to be served on a defendant shall be sent by post to her last known place of abode. After the expiration of 48 hours from when such a letter was posted, service of such notice or other document shall be deemed to have been effected by properly addressing, prepaying and posting by recorded delivery a letter containing the same.
9.10 At the hearing the Disciplinary Panel shall consider all the evidence made available to it by the member or Registered Participant and the person presenting the case against that person including the written and/or oral testimony of any witnesses supporting that evidence. It may question the member or Registered Participant, the person making any complaint and any witnesses present in relation to the matter. It may call upon either of the member or Registered Participant or the person presenting the case against that person to supply additional evidence and may adjourn the hearing for that or any other purpose. Witnesses under the age of 18 are permitted to be accompanied by an appropriate adult at the hearing.
9.11 If the Disciplinary Panel is of the opinion, beyond reasonable doubt, that the complaint has been proved, in whole or in part, it shall make a finding to that effect; and in that event it may make such orders (including a fine and/or a suspensions and/or a period of ineligibility) against the person being disciplined as it considers appropriate having regard to the Disciplinary Panel’s views as to the nature and seriousness of the complaint and any other circumstances which the disciplinary Panel considers relevant. It may decide any issue by majority.
Lincolnshire County Association Disciplinary
Procedures
9.12 The Disciplinary Panel may declare a member or Registered Participant ineligible from (or may impose conditions on participation in) any activity relating to the sport of Netball in the count for such period as the Disciplinary Panel thinks fit. Activities relating to the sport of Netball in the County include (without limitation) playing, training, practicing, officiating, coaching, organising, administering, advising and promoting Netball. Any such decision will be notified to England Netball.