PRCC - Club Policy on Equity, Welfare and Conduct. (4)

This document will be kept up to date as far as possible but, particularly in its early days, may be liable to change in the light of experience or recommendations from the ECB etc.

Contents:
Club Disciplinary Code

Club Policy on Equity, Welfare and Conduct.

8. Club Disciplinary Code
[Approved by Executive Committee 20 July 2005]
Scope
This Code applies to conduct by members of Princes Risborough Cricket Club ("PRCC") which is, or may be, contrary to the Club Rules or to the current Codes set out in 'The ECB Code Of Conduct and Spirit of Cricket' or the Rules of any League of which PRCC is a member or participant.
Where there is a conflict between a specific provision of these rules and such other code or rules this procedure shall take precedence, as far as possible.

Complaints
Where there is a complaint of any conduct which is not fair and proper it shall, if possible, be made in writing and referred immediately to the Chairman, Honorary Secretary ("Secretary") or Welfare Secretary (referred to as "The Responsible Officers"). If none of these is available the matter shall be referred to a Captain or other elected Officer of PRCC who shall ensure that the matter is considered without delay.

In any case which involves, or may involve, the abuse or welfare of a Child or Young Person, the Welfare Secretary shall immediately consult the County Welfare Officer ("CWO"), in confidence, for appropriate guidance. In the Welfare Secretary's absence another Responsible Officer shall refer, in confidence, to the CWO. Following such consultation responsibility for such a case may be transferred to such other body as is appropriate and in that event details of the complaint shall remain confidential to the Welfare Secretary and any person who acted in his absence.

In all other cases, the Responsible Officers shall consider the complaint and obtain such other information as is necessary to identify the time and nature of the offence and the persons involved and that there is a prima facie case to consider. If so a disciplinary hearing will be arranged.

If the Responsible Officers consider there is clearly no merit in the complaint or regard it as frivolous or vexatious they will notify the complainant accordingly within 14 days. If the complainant is dissatisfied with this response and wishes to continue with the matter a hearing shall be arranged subject to the following:

A deposit of £50 will be required to be paid to PRCC within 10 days of the notification;

Such deposit will be used to meet any costs of the hearing;

Any balance will be refunded only if the hearing panel so decides.

If the hearing panel considers it appropriate the complainant shall meet any costs in excess of the deposit.

Internal Club Enquiry

PRCC of its own volition and without any need for the receipt of a written complaint or other prompting may, where any alleged case of conduct which is not fair and proper occurs as stated in Paragraph 1 above, or otherwise as PRCC may think fit, forthwith convene an Internal Club Enquiry in the same manner as for a complaint (paragraphs 2(1)-(3) above).

If there appears to be a prima facie disciplinary offence a hearing will be arranged in like manner.

Disciplinary Hearings

The purpose of the Hearing shall be to establish the facts and, where appropriate, to take any disciplinary action necessary to ensure that the Club does not fail to control properly or discipline its player or players and to ensure that PRCC acts in a manner designed to protect its good name and the good name of cricket generally.

Any player requested to attend such a Hearing, or any resulting Appeal, other than as a witness, shall be entitled to be accompanied by a friend or other representative, to state his case and to call witnesses.

If such player refuses to attend without good reason the Hearing may be conducted and any penalty awarded in his absence. However any decision to terminate the player's membership in his absence in a case of gross misconduct shall be made final only at a second Hearing convened to allow the player to attend and explain his conduct.

For the avoidance of doubt the player's absence from the second Hearing referred to in paragraph 4(3) will not debar the panel from confirming a decision to terminate membership.

The panel for a Hearing shall
Comprise not less than three members taken from PRCC's Officers and Executive Committee and shall be appointed by the Club Chairman or other Responsible Officer.

Take appropriate steps to ensure that the player and others have suitable notice of the hearing which should be arranged, if possible, within 21 days of the complaint or, in the case of an Internal Enquiry, the event giving rise to the Enquiry.

Take full account of the ECB's Model Discipline Regulations and Sentencing Guidelines for the Recreational Game.

Notify its decision to the player and where an oral decision is given confirm it in writing without delay.

Keep an appropriate record of the Hearing and make a report to the Executive Committee.

Penalties

If the Hearing finds the misconduct proved, the Club may:
Require the player to write letter(s) of apology within a specified time.

Record a reprimand and to give a warning as to future conduct.

Impose a fine.

Suspend the player's right to be considered for selection by PRCC to play in one or more matches.

Suspend the player's membership of PRCC for a period.

Terminate the player's membership forthwith, but only if the conduct constitutes gross misconduct.

If it thinks it fit, the Club may impose more than one of the above penalties for the same offence.

Appeals Procedure

The player shall have the right to appeal to the President of PRCC or to the President's nominee for a review of the findings of the Disciplinary Hearing and of the penalty or penalties imposed.

Any appeal setting out the grounds must be made in writing to the Secretary of PRCC, together with a deposit of £50, within seven days of the decision of the Disciplinary Hearing.

The President of PRCC or the President's nominee shall review the findings of the Disciplinary Hearing and of the penalty or penalties imposed. The President or his nominee may reduce a penalty award but shall convene an Appeal Hearing if there is an issue of substance relating to the findings or if a significant change or increase in the penalty award may be appropriate.

The decision of the President or his nominee in all cases shall be final and binding.

An Appeal Hearing shall be by way of re-hearing before a different panel.

The composition of the panel shall be at the discretion of the President or his nominee and shall consist of not less than three persons.

Its chairman and at least half of its total number shall not have considered the alleged breach at the Disciplinary Hearing.

The player shall have the same rights of attendance and representation, and to call witnesses as he had before the Disciplinary Hearing.

The Appeal Hearing may confirm, vary or reverse the decision of the Disciplinary Hearing and it shall have the power to increase the penalty and award costs of the Appeal Hearing. Decisions of the Appeal Panel shall be by majority vote; where necessary, the Chairman shall have a casting vote.

The decision of the Appeal Panel or, if no appeal, of the Disciplinary Hearing, shall be final and binding.

Definitions
Unless the context dictates otherwise:
'Player' includes any Club member or members.

A member's guest shall be the responsibility of the member who introduced him.

References to the male gender shall include the female and vice versa.

'County Welfare Officer' ("CWO") includes the officer appointed by the ECB for another county as well as the CWO for Buckinghamshire.

'ECB' relates to the England and Wales Cricket Board or its successor.