Munster Cricket Disciplinary Procedures
PERSON OR PERSONS TO BE RESPONSIBLE FOR DISCIPLINARY PROCESSES
A Munster Cricket Disciplinary Sub-committee shall be allocated primary responsibility for disciplinary issues.
The Munster Cricket Disciplinary Sub-Committee (DS-C) shall consist of five members elected at the Annual General Meeting of the MCU and hold office until the next Annual General Meeting. As far as is practical, and to avoid potential conflicts of interest, the elected members shall be either unaffiliated to any MCU Clubs or be affiliated to different MCU clubs.
Of these one shall be nominated as the Chairman, another shall act as Secretary to the DS-C. The Secretary of the DS-C shall be responsible for discharging the functions allocated to such a person. In particular the Secretary of the DSC shall attend any hearings of a Disciplinary Panel, keep a record of such proceedings, and circulate to the appropriate persons details of the decisions of any Disciplinary Panel.
A Disciplinary Panel, composed of three members of the DS-C shall be appointed to determine any specific complaint reported to the Munster Cricket Union (MCU).
In appointing a Disciplinary Panel, the DS-C shall use all reasonable endeavours to ensure that no person is appointed who has any prior personal knowledge of the alleged offence or, in the opinion of the DS-C, might be considered to have any personal interest in the matter to be considered by the Disciplinary Committee.
A Munster Cricket Appeal Panel shall deal with any appeals of decisions of the DS-C, in accordance with these Disciplinary Regulations. The Appeal Panel shall be made up of three members who will be appointed by the Munster Cricket Executive Committee. No member of the Appeal Panel shall be an Officer of the Executive Committee of the MCU. Meeting(s) of the Appeal Panel shall be held as required.
The individual appointed as Chair of the Appeal Panel shall be of legal training, and, in order as far as possible to avoid any possibility of conflict of interest, the members shall not, for so long as they are Appeal Panel members, sit at any time on a Disciplinary Panel.
It is recognised that, notwithstanding the efforts to avoid any conflict of interest arising, such a conflict may occur. If an Appeals Panel member appointed to be responsible for any specific Appeal considers that he/she may be conflicted he/she will advise the Chair of the MCU Executive Committee of such fact. The Chair of the MCU Executive Committee shall then appoint an alternative Appeal Panel member to hear such Appeal.
Where a Disciplinary Hearing is to take place, then the process will be as follows:-
- The complaint setting out the matter alleged shall be made in writing and must be forwarded to the Hon. Secretary of the MCU to be received by him/her by not later than five (5) working days after the conclusion of the match at which the Complaint occurred. Such complaints may be received by the Secretary by letter, fax or email.
- On receipt of a Complaint by the Hon. Secretary he/she shall forward the complaint to the Chair of the DS-C without delay.
- Provided the Chair of the DS-C concludes that based on the complaint received that a Hearing is merited, it shall be conducted as follows:-
- Unless the Chair of the DS-C determines that exceptional circumstances exist, it shall be heard within 14 days of the match at which the Complaint arose.
- The Chairman of the DS-C shall determine where the Hearing shall take place.
- The DS-C shall be responsible for the appointing of the Disciplinary Panel from among its number to conduct the Hearing. There shall be a maximum of three (3) members on such Disciplinary Panel. Each member of the Disciplinary Panel shall have one vote but in the event of an equality of votes for any reason, the Chair of the Disciplinary Panel shall have a second and casting vote.
- The Disciplinary Panel shall be chaired normally by the Chair of the DS-C, unless he/she is not a member of it due to a conflict of interest. In such circumstances the members shall appoint one of their number as Panel Chair. If not an appointed member of the panel, the Secretary of the DS-C shall attend to keep a record the hearing.
- The Player(s) shall be invited by the Secretary of the DS-C to attend the Hearing. He/they shall be notified in writing of the place and time of the Hearing, and shall be sent a copy of the Complaint to be considered at such Hearing. He shall be advised that he is entitled to be accompanied to the Hearing, at his own cost, by a representative. The representative may be a work colleague, fellow player, family member or friend. For the avoidance of doubt, legal representation is not permitted. He must advise the Secretary of the DS-C not later than two (2) days before the meeting as to who his representative will be. Without prejudice to the foregoing, at any stage the Chair may adjourn the Hearing to take any legal advice that, as a result of a matter arising at the Hearing, the Disciplinary Panel considers necessary.
- If the Player(s) does/do not wish to attend before the Disciplinary Panel he/they may acknowledge the validity of the Complaint in writing to the Secretary and submit in writing any statement he wishes to make in mitigation. In such circumstances the members appointed to the Disciplinary Panel may discuss the penalty between them. If the Player(s) does/do not attend the Hearing, without acknowledging the validity of the Complaint, the Hearing may go ahead in his/their absence. In his/their absence any allegations made in the Complaint against him/them can be assumed to be well-founded.
- The Player(s) shall be entitled to call witness(es) to be present to give evidence at the Hearing. It shall be the responsibility of the Player(s) to ensure that such witness(es) are present. In addition the Disciplinary Panel may require other persons as it considers appropriate to attend and give evidence at the Hearing.
- The Disciplinary Panel and/or the Player(s) may require either or both of the umpires making the report to be present at the Hearing. At least one of the umpires must be present if required. In the absence of an Umpire who has made any allegations in a Complaint against the Player, such allegations may not be upheld if contested by the Player(s).
- The Chair of the Disciplinary Panel shall determine the procedure of the Hearing in his/her absolute discretion provided that at all times it is heard in accordance with the principles of natural justice.
- If any person(s) invited to the Hearing fails to turn up, the Hearing shall go ahead without such person(s) and his/her/their absence shall not be a reason for the adjournment of the Hearing.
- If a matter arises at the Hearing that the Disciplinary Panel considers is of such importance that further time is needed to consider a matter or to call further evidence that was not available at the time the Hearing was called, the Chair may, at his absolute discretion, grant such an adjournment. Any such adjournment shall extend the specified 14-day period referred to in the fourth bullet point above by up to an equivalent 14-day period.
The Disciplinary Panel’s decision
- After the Hearing is completed the Chair may adjourn the proceedings to enable the Disciplinary Panel to consider its decision.
- Such adjournment shall be for not more than one hour unless circumstances reasonably dictate otherwise.
- Following the adjournment the Chair shall give the Disciplinary Panel’s decision. If that decision is that the Player is liable in respect of the Complaint, then the Player(s) may make a statement before the penalty is announced.
- After listening to any such statement the Disciplinary Committee may adjourn before announcing the sanction.
- The Chair shall give the decision verbally but the decision, which shall be effective immediately upon verbal communication of the decision to the Player(s), shall be confirmed in writing to the Player(s) within 72 hours by letter, mail or fax. The Player(s) shall provide an address for such purpose. In the event that the Player(s) shall not do so, the address of the Secretary (or other nominated contact) of the Player’s/Players’ Club(s) shall be deemed to be each individual Player’s address for this purpose.
- In the event that the penalty is for suspension from all cricket for a period of time, the Secretary shall advise also the Secretary (or other nominated contact) of the Player’s club of this decision.
- The decision when confirmed in writing must set out the Complaint that has been made against each Player, that the Disciplinary Committee considered the Complaint should be upheld and the penalty imposed including any particular reasons for the penalty imposed. The decision must also advise the Player(s) of his/their right of appeal where relevant.
The Appeal Process
- Any finding or penalty may be appealed against by each Player, unless specifically herein provided otherwise. The format of any appeal shall be in accordance with a broad format for such as may be laid down by the MCU.
- Any penalty imposed shall come into immediate effect unless the Appeal Committee appointed shall decide otherwise. Any decision to suspend the penalty, or any part thereof, is a matter for the Appeal Committee at his/her absolute discretion.
- Any appeal must be made in writing and be lodged with the Hon. Secretary of the MCU within not longer than five (5) working days from the date of the hearing and imposition of the penalty. If for any reason these take place on different days the five (5) working days shall run from the later of the days. An appeal may be made against the decision of the Disciplinary Panel as to whether the Player was responsible in respect of the Complaint or against the penalty imposed or both.
- The Hon. Secretary of the MCU shall, once a Notice of Appeal has been received by him, appoint an Appeals Panel and forward to them details of the Complaint, the report by the Secretary on the Disciplinary Hearing, and the penalty imposed, including any particular reasons for the penalty imposed.
- Any appeal shall be heard in writing only. The Appeal Panel shall give its decision within seven days of receipt by him of the details set out above.
The following procedure shall apply to any appeal:-
The Notice of Appeal must be accompanied by:-
- A deposit of €100. This deposit shall be to ensure no frivolous appeal and shall not be refunded unless the appeal is successful or the Appeals Panel, notwithstanding that the appeal is unsuccessful or is only partially successful, considers that there were valid grounds for the making of the appeal which, in the Appeal Panel’s sole discretion, justifies the return of part of all of the deposit.
- The reasons in writing why the Player considers the appeal should be allowed.
- If the Appeal Panel considers that there are exceptional circumstances which require a longer period than the seven (7) days maximum provided for, they shall advise the Player of such circumstances and the extended period they consider necessary and also inform the Hon. Secretary of the MCU of same.
- Normally the Appeal Panel shall hear the appeal purely on the basis of the documentation furnished to them.
- If the Appeal Panel in their sole discretion considers that they requires any further information, then they may request such information from the person from whom they need it. They may stipulate the time within which it must be forwarded to them and the time for the determination of the appeal shall be suspended for an interval equivalent to the period from the time the Appeal Panel requested the information to the time within which it must be furnished. During this period the penalty imposed on the Player shall be suspended.
- On their determination of the appeal the Appeal Panel shall give notice in writing of their decision to the Player, and forward a copy of the same to the Hon. Secretary of the MCU. If appropriate the Appeal Panel shall instruct the Hon. Secretary of the MCU to ensure that the deposit, or so much thereof as the Appeal Panel determines appropriate, be returned to the Player.
- In no circumstances may a penalty be increased if an appeal is unsuccessful. A penalty may be reduced or suspended even if the appeal is unsuccessful.
- David McDonnell (Midleton)
- John Power (Cork County)
- Jack Filan (Cork Harlequins)
- Fintan Moore (Co Tipperary)
- Gay Lawlor (Limerick)
- Dave Latimor (Waterford & District)