DISCIPLINARY PROCEDURES OF
THE PEMBROKE COUNTY CRICKET CLUB

Pembroke County Cricket Club Disciplinary Committee
The Disciplinary Committee of at  least  four members of the Executive Committee shall be appointed by the Executive Committee. The Disciplinary Committee shall elect a Chairman and Minutes Secretary at the commencement of each meeting. The Chairman shall cast a second vote if required.

Formal Discipline Process

This section refers to structures and events organised and controlled by Pembroke County Cricket Club, or to cases where Pembroke County Cricket Club has been requested by both parties to intervene or adjudicate. Pembroke County Cricket Club also strongly recommends that all member Clubs and Associations adopt the appropriate parts of the following Disciplinary Process, which will enable it to accede to requests to intervene and adjudicate, as well as to gain co-operative action of all member Clubs and Associations to the rightful Disciplinary Process of one of them.

a) It shall be a disciplanary offence:

 

 

 

 

 

Procedure for minor breaches of discipline:
A Discipline Register will be kept by the Hon Secretary to record all minor breaches of discipline as reported by the Umpires as follows:-

1) Entries to last for 12 months from date of recording. eg If a player enters the register on 23 July, the warning remains valid until 23 July the following year inclusive. This rolling period ensures the player receives the full impact.

2) Player has not got a right of appeal to the entry.

3) If Secretary considers the matter to be too serious for the register, he can require a report from the umpire for consideration by the Executive.

4) On acquiring 2 entries within a 12 month period the player will receive an automatic 1 match ban.

5) If both warnings occur in a Club League fixture, the player will be banned from the next set of League fixtures. If one/two warnings involve a cup fixture the one match ban will apply to the next League/Cup fixture to be determined by the Executive.

6) If the ban applies to a League Match and that match is not commenced due to weather etc, the ban will apply to the following fixture, however, if the original game is commenced but subsequently abandoned, that will count as the required fixture. If the ban applied to a Cup Fixture, that match must be played to a conclusion to satisfy the ban.

7) On serving a ban the first warning only will be removed from the register. This means that the warning that triggered the ban will remain on the register until the expiry of 12 months from the date of the warning. In effect the player is only one warning away from another ban until the expiry of a year.
E.g. Player gets a warning on 23 July. If he does not get another warning, that expires on 23 July the following year.
If he gets another warning on 10 August he incurs a one match ban. The warning he got on 23 July gets wiped clean, but the warning he got on 10 August stays on the register until 10 August the following year, making the player liable for a further ban should he receive another warning before that date.

8) Umpires can report via telephone or email to the Secretary.

9) The record should be made within 48 hours.

10) The umpire must inform the player and his Captain that he is being entered on the register and why.

Formal Discipline Process

This section refers to structures and events organised and controlled by Pembroke County Cricket Club, or to cases where Pembroke County Cricket Club has been requested by both parties to intervene or adjudicate. Pembroke County Cricket Club also strongly recommends that all member Clubs and Associations adopt the appropriate parts of the following Disciplinary Process, which will enable it to accede to requests to intervene and adjudicate, as well as to gain co-operative action of all member Clubs and Associations to the rightful Disciplinary Process of one of them.

(a)   It shall be a disciplinary offence:

(i) For any player in connection with, or in the course of, Pembroke County Cricket Club Structures or Events to misconduct himself, or to act at any time in a manner calculated to prejudice the good name or interests of Pembroke County Cricket Club.

(ii) For any Club or Body to fail properly to control or discipline its players, or to act in a manner calculated to prejudice the good name or interests of Pembroke County Cricket Club.

(iii) Providing that the disciplinary procedure including right of appeal, where appropriate, can be shown to have followed the model as described below, then Pembroke County Cricket Club will take disciplinary action against any Club that plays a cricketer during the period of a ban by an affiliated League or Club.

The Players and/or Body committing an offence shall be liable to penalties in the manner and as described hereafter.

(b) For the purposes of these Rules the expression 'the  player' shall throughout these Rules be deemed to mean and include not only any player, but also any member or official of any Body or if appropriate any other person involved in any incident of possible misconduct occurring on the field of play, or on the premises of the Body as may be appropriate in the particular circumstances.

(c) Any complaint or report will be investigated only if made in writing (or e-mail) to the Secretary of the Pembroke County Cricket Club within 7 days of the alleged event.
The Disciplinary Committee will decide what level of breach has occurred.

(d) (i) If the alleged breach is a Level 1 breach, the player's club shall impose the appropriate penalty (as shown below). There shall be no appeal process allowed unless mistaken identity or misrepresentation can be demonstrated.

(ii) If the alleged breach is a level 2 breach, Pembroke County Cricket Club will impose the appropriate penalty (as shown below). There shall be no appeal process unless mistaken identity or misrepresentation can be demonstrated.

The penalties shown below are the minimum penalties and are compulsory and no element can be suspended.

The players club will be informed by the Hon Secretary of the penalty imposed and which match or matches the player has been suspended from. Should any such match be cancelled for any reason the suspension will be carried forward to the next available match.

(iii) If the alleged breach is a Level 3 or 4 breach, the matter will be heard by the Pembroke County Cricket Club Disciplinary Committee.

(iv) The discipline hearing will consist of not less than three or more than five persons appointed by the executive committee.

Notes
• Pembroke County Cricket Club will decide at which level the alleged breach has been committed
• In the case of a low level breach of the Code of Conduct, the umpires have the option of issuing a formal warning to the player concerned. If a second warning is required, umpires must submit a written report to Pembroke County Cricket Club.

(e) The Disciplinary Committee of Pembroke County Cricket Club.
At least 7 days' notice in writing (or e-mail) of the hearing and of the alleged offence shall be given to the player, or in the case of a Body, its Secretary, in writing (this may be by e-mail). The player or Body shall be entitled to attend the hearing, to be legally or otherwise represented and to call and question witnesses - as shall Pembroke County Cricket Club.

Where a Club or Player are legally represented, Pembroke County Cricket Club will also be legally represented and the defendants will be liable for the legal costs incurred by the Pembroke County Cricket Club should they lose the case

(f) If at the hearing the Disciplinary Committee find the alleged offence proved it shall have the power to impose one or more of the following penalties:

(1)  In the case of a player:
(i)   suspension for a number of matches/weeks
(ii)  a recommendation to the appropriate body that further penalties be applied
(iii) issue a reprimand

(2)  In the case of a Body:
(i)  Expulsion from the PCCC
(ii) Expulsion from any PCCC competition
(iii) Relegation (One or more Divisions)
(iv) Deduction of points (Either during the current season, or from the start of the next season)
(v) A fine not exceeding £500
(vi) Reprimand as to future conduct.

Any decision reached by the Disciplinary Committee will be based on the balance of probabilities.

(g) A player found by the Disciplinary Committee to have committed an offence or upon whom the Disciplinary Committee has imposed a penalty for a Level 3 or Level 4 breach shall have the right of Appeal to the Appeals Committee. A Body found by the Discplinary Committee to have committed an offence shall have the right of appeal to the Appeals Committee. This committee (minimum of three persons and maximum of five persons) will be appointed by the Executive of the Pembroke County Cricket Club. Notice of Appeal, setting out the grounds for the appeal, must be given in writing to the Secretary to the Pembroke County Cricket Club within 4 days of the notification of the decision of the Disciplinary Committee together with a deposit of £50. Upon receipt of the Notice of Appeal the penalty shall not take effect pending the hearing of the Appeal.

(h) The Appeal shall be by the way of a re-hearing. The player or Body shall have the same rights of attendance and representation, and to call witnesses as they had before the Disciplinary Committee - as shall Pembroke County Cricket Club.
If leave is sought to present any fresh evidence to the Appeals Committee, particulars of such evidence and of the reason why it was not presented to the Disciplinary Committee must be forwarded to the Secretary to the Pembroke County Cricket Club.

(i) The Appeals Committee may confirm, vary or reverse the decision of the Disciplinary Committee. The Appeals Committee shall also have the power at its discretion not to return the deposit where it considers the appeal to be without merit.

(j) The decision of the Appeals Committee, or, if no appeal, of the Disciplinary
Committee shall be final and binding.

(k) Both the discipline hearing and the appeal hearing will be heard by persons unconnected with the complainant, the player, the player's club of their opponents at the time of the offence.

APPENDIX 1
Level 1
a) time wasting by either the fielding side or the batting side
b) wilfully mistreating any part of the cricket ground, equipment or impliments used in the match
c) showing dissent at an umpire's decision by word or action
d) using language that, in the circumstances is obscene, offensive or insulting
e) making of an obscene gesture
f) excessive appealing
g) advancing towards an umpire in an aggressive manner when appealing
h) any other misconduct, the nature of which is, in the opinion of the umpires, equivalent to a Level 1 offence

Level 2
a) showing serious dissent at an umpire's decision by word or action
b) making inappropriate and deliberate physical contact with another player
c) throwing the ball at a player, umpire or another person in an inappropriate and dangerous manner
d) using language or gesture to another player, umpire, team official or spectator that, in the circumstances, is obscene or of a seriously insulting nature
e) any other misconduct, the nature of which is, in the opinion of the umpires, equivalent to a Level 2 offence

Level 3
a) intimidating an umpire by language or gesture
b) threatening to assault another player or any other person except an umpire

Level 4
a) threatening to assult an umpire
b) making inappropriate and deliberate physical contact with an umpire
c) physically assaulting a player or any other person
d) committing any other act of violence

The conduct listed in Level 1 to Level 4 above cannot be considered to be exhaustive.

APPENDIX 2 - STANDARD PENALTIES
Level 1 - A  ban from at least the next League/Cup match (even if that means that the ban cannot be served until a subsequent season)
Level 2 - A ban from at least the next 2 League/ Cup match (even if that means that the ban cannot be served until a subsequent season)
Level 3 & Level 4 - Penalties will be decided by the Disciplinary Committee on a case by case basis.

 

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