BC Rugby Discipline PolicyRevised for September 2010
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Rugby Union is a sport that
involves physical contact. Any sport involving physical contact has inherent
dangers. It is very important that
players play the game in accordance with the Laws of the Game and be mindful of
the safety of themselves and others. It
is the responsibility of those who coach or teach the game to ensure that
players are prepared in a manner which ensures compliance with the Laws of the
Game and in accordance with safe practices.
It is the duty of the referee to apply fairly all the
Laws of the Game in every match except when an experimental law has been
authorized by the IRB Council. It is the
duty of the Unions to ensure that the Game at every level is conducted in
accordance with disciplined and sporting behaviour. This principle cannot be upheld solely by the
referee; its observance also rests on Unions, affiliated bodies and clubs.
1. Mandate:
1.1 The Board of the
British Columbia Rugby Union (BCRU) delegates the primary responsibility for
discipline issues to the BCRU Discipline Committee (BCRU-DC) in accordance with
Section 13.03 of the By-Laws of the BCRU.
2. Powers of the BCRU-DC:
2.1 The powers of
the BCRU-DC are as outlined in Part 13 - Discipline of the By-Laws of the BCRU.
2.2
Allegations of
violations of the BCRU Code of Conduct and the BCRU Harassment Policy are
within the jurisdiction of the BCRU-DC and may be heard by the committee.
Note: Please
refer to the BCRU Code of Conduct and the BCRU Harassment Policy.
3. Composition of the BCRU-DC:
3.1
The BCRU-DC
shall be chaired by the BCRU Chairman of Discipline.
3.2 The BCRU-DC
shall have as members the Chairs of the Discipline Committee of the following
Sub Unions: FVRU, VIRU, and VRU.
3.3
The President of
the BCRRS (or their delegate) shall be a member of the BCRU-DC.
3.4 The BCRU
Executive Director shall be a member of and act as the Secretary for the
BCRU-DC.
3.5 Members of the
BCRU-DC may designate alternative individuals to act in their stead if they are
unable to attend meetings of the BCRU-DC.
4. Conflict of Interest:
4.1 A member of the
BCRU-DC is considered to be in a conflict of interest if the individual
appearing at a hearing is a member of the BCRU-DC member's club.
4.2 The BCRU-DC
member will not participate in resolving any case in which he/she has a
conflict of interest.
Note: Please
refer to the BCRU Conflict of Interest Guidelines.
5. Delegation of Authority:
5.1 The BCRU-DC will
deal directly with discipline in accordance with Section 13.01 of the By-Laws
of the BCRU and specifically with discipline reports that arise from games
played in 15 or 7 player competitions within the BCRU Premier Division, 1st
Division, 2nd Division, 3rd Division, U-21/Collegiate
Division and by Sub Union Representative Teams in BCRU sanctioned competitions.
5.2 The BCRU-DC may
delegate to a Sub Union Discipline Committee (SU-DC) the power to deal with
discipline cases arising from lower division games and competitions in its
jurisdiction.
5.3 The BCRU-DC
shall review all cases heard by a SU-DC and has the authority to amend any
orders made by a SU-DC.
5.4 Subject to
Article 23, the BCRU-DC delegates discipline matters arising from a Summer Seven
Aside tournament to the discipline officer appointed for such tournament.
6. Discipline Meetings:
6.1
This Discipline
Policy sets out the procedures for dealing with the following Discipline
matters:
(a)
When a Player is
Ordered Off the playing enclosure;
(b)
When a Player is
cited for an act or acts of Illegal and/or Foul Play;
(c)
When a Player
has been Temporarily Suspended three times in accordance with Article 6.4; and
(d)
When an act or
acts of Misconduct may have been committed by a Union,
Player or Person.
6.2 For the purposes
of this Policy, Illegal and/or Foul Play means a breach or breaches of Law 10
of the Laws of the Game and/or a breach or breaches of Law 3.11(c), Law 4.5(c)
and Law 6.A.5.
6.3 A Player is
Ordered Off when he is sent off the playing enclosure permanently by the
referee and can take no further part in the Match in which he was Ordered Off.
6.4 A Player is
Temporarily Suspended when he is cautioned in a Match by the referee and
temporarily sent off the playing enclosure by the referee for a period of ten
minutes playing time which is spent in the so-called sin bin.
6.5 A Player who is
Temporarily Suspended three times within a 12 month period will be deemed to
have been Ordered Off upon the conclusion of the game in which the third
Temporary Suspension occurred.
6.6
An act of
Misconduct means a breach of the BCRU Code of Conduct which occurs outside the
Playing Enclosure.
7. Initial Procedures Ordering Off:
Where a Player in a Match is
Ordered Off the referee shall, within 48 hours of the completion of the Match,
provide a written report of the incident to the BCRU Office. If a Player is Ordered Off the playing
enclosure as a result of the intervention of a touch judge, the touch judge
shall also deliver a written report to the BCRU Office within 48 hours of the
completion of the Match.
7.1 Form 1 (Appendix
2(a) of this Policy) may be used by the referee for the purposes of a report
under this Article 7.
7.2 Form 2 (Appendix
2(b) of this Policy) may be used by a touch judge for the purpose of a report
under this Article 7.
7.3 Reports prepared
by referees and/or touch judges when a Player has been Ordered Off should
contain the following information:
(a) the date of the Match, the venue and the
teams participating;
(b) the name of the Player Ordered Off and his
team;
(c) the circumstances in which the Player was
Ordered Off;
(d) the reason for the Player being Ordered
Off; and
(e) any other
information the referee (or touch judge where applicable) considers relevant.
7.4 The Player
Ordered Off shall be supplied with a copy of the referee's report and, where
applicable, the touch judge's as soon as reasonably practicable and advised:
(a) of the date, place and time of the
Discipline Committee hearing at which the Discipline proceedings will be heard;
(b) that he will be required to attend in
person or by telephone at the hearing;
(c) that if he is unable to appear at the
Discipline Committee as notified, he should advise the BCRU Office forthwith;
(d) that he is entitled to adduce evidence and
make submissions and be represented by his Union
and/or a legal advisor; and
(e) he is not eligible to play pending
resolution of the case.
7.5 Where possible,
notice to the Ordered Off Player under this Article shall be given in writing.
It shall be sufficient compliance with this Article if a copy of the referee's
report and where applicable, the touch judge's report and notice of the
information required in Article 7.3 are sent by email to the member's club. Where a Player is deemed to have been Ordered
Off under Article 7.5, it shall be sufficient compliance with this Article if
notice of the particulars of the three Temporary Suspensions are sent by email
to the member's club.
8. Citing:
8.1 Although the
BCRU-DC does not want to receive vexatious or nuisance citings it will not
condone acts contrary to the Laws of the Game that occur within the playing
enclosure but may not have been detected by the game officials.
8.2 The BCRU-DC will
accept a citing if it is submitted in writing to the office of the BCRU by a
minimum of two individuals filing separate reports within 72 hours of a game.
8.3 The citing
complaint shall contain the following information:
(a) the date
and place of the alleged Illegal and/or Foul Play;
(b) the name
of the Player in respect of whom the complaint is made and the team he was
playing for at the time of the alleged Illegal and/or Foul Play;
(c) the name
of the opposing team; and
(d) full
details of the alleged Illegal and/or Foul Play or misconduct including brief
details of the evidence relied upon.
Form 3 (Appendix 2(c) of this Policy) may be used for the purposes of
making a citing complaint.
8.4 The Discipline
Committee shall forthwith obtain such information and reports in relation to
the act or acts of Illegal and/or Foul Play subject to the citing complaint
that he considers appropriate. All persons requested to provide reports and/or
information shall co-operate with such requests and provide the reports and/or
information as the case may be. Copies of the information and reports obtained
shall be forwarded by the Discipline
Committee to the Player and other parties that were provided with a copy of the
citing complaint. The Discipline
Committee Chair shall, as he or she considers appropriate, be entitled to deal
with procedural applications and matters prior to the hearing.
8.5 The BCRU-DC
shall review the written reports of the citing at the next regular meeting of
the committee.
8.6 Should the
BCRU-DC determine that a citing is vexatious or a nuisance complaint the
individuals filing the report shall be informed that the committee will take no
further action in this matter.
8.7 Should the
BCRU-DC determine that the citing is neither vexatious nor a nuisance complaint
the individuals filing the reports and the person cited shall be informed that
a hearing will be called to consider the matter.
8.8 The Player cited
shall be supplied with a copy of the relevant reports and information, and
video coverage of the incident, if available, by the Discipline Committee as
soon as reasonably practicable and advised:
(a) of the date, place and time of the Discipline Committee hearing
at which the Discipline proceedings will be heard;
(b) that he will be required to attend in person or by telephone at
the hearing;
(c) that if he is unable to appear at the Discipline
Committee hearing as notified, he should advise the Discipline Committee
forthwith;
(d) that he is entitled to adduce evidence and
make submissions and be represented by his Union
and/or a legal advisor; and
(e) as to his eligibility to play pending
resolution of the case.
8.9 At any hearing
of a citing complaint, the Discipline Committee may require the individual who
filed the citing to attend in person or via telephone conference and/or video
link in order to present evidence and/or explain the basis upon which the
citing complaint has been made.
8.10 In the interests
of time and minimizing inconvenience, a Player who has been cited, and whose Discipline
hearing is pending, can be required by the Discipline Committee, prior to the
hearing, to supply it with full particulars of the case that will be presented
on his behalf at the hearing.
8.11 Where a Player
is the subject of a citing complaint, his case should, wherever practicable, be
adjudicated on within 10 days of the end of the game in which the alleged foul
play that is the subject of the complaint occurred.
8.12 In circumstances
where a Player(a) has not been cited within the time period specified in Article
8 as a result of either:
(a) mistaken identity; or
(b) the nature of
the incident(s) concerned is such that further investigation is needed to
identify the Player(s) alleged to have committed an act(s) of Illegal and/or
Foul Play,
then a citing complaint
may be validly made by the complainant Club notwithstanding the submission of
the citing complaint after the expiry of the applicable time period specified herein. However, any citing complaint submitted
pursuant to this provision shall be lodged as soon as reasonably practicable
and in any event within a period of fourteen days from the conclusion of the
applicable citing period.
8.13 The BCRU-DC
shall determine, based on the evidence presented at the hearing, the course of
action to be followed in the matter which may include the imposition of
sanctions in accordance with these policies.
9. Reports:
9.1 Referees'
reports that are the responsibility of the BCRU-DC should be filed with the
BCRU office within 48 hours of a player being ejected from a game.
9.2 Reports for
consideration by the BCRU-DC should be faxed, e-mailed or hand delivered to the
BCRU office.
9.3 If a report for
consideration by the BCRU-DC is sent to a Sub Union Chair, he/she shall fax,
e-mail or hand deliver it to the BCRU office immediately so it can be
circulated to the BCRU-DC.
9.4 All referees'
reports of cases delegated to a SU-DC shall be forwarded by the Sub Union to
the BCRU-DC for information purposes only.
10. Determination of a Discipline Case:
10.1 Decisions of
discipline committees are made on the balance of probabilities, not beyond a
reasonable doubt.
10.2 Decisions of
discipline committees are based on the examination of the facts. Extraneous opinions about those who come
before the BCRU-DC are not germane to the process.
10.3 The fact that a
player may have been provoked into retaliation is no defense but may be
considered when determining the penalty to be imposed.
10.4 The fact that a
player has been provoked into foul play is no defense but may be considered when
determining the penalty to be imposed.
10.5 The past record
of a person appearing before the BCRU-DC may not be considered as to guilt but
may be considered when determining the penalty to be imposed (see Article 14.11).
11. Standard of Proof:
11.1 This Article relating to Standard of
Proof has been prepared with Law 6.A.4 of the Laws of the Game in mind. It is essential to preserve the integrity of
this Law and the referee's position as sole judge of fact and law during the
Match. Any decision by a referee during
a Match cannot be affected by a ruling of the Discipline Committee. A distinction is drawn between the referee's
decision on the field of play and reasons for the decision. This means that when after a Match the Discipline
Committee consider the further Discipline consequences of an incident, where
the referee has already made a decision on the field in relation to that
incident, the Discipline Committee may, nevertheless, enquire into the
referee's reasons for that decision and the circumstances surrounding it.
11.2 In any case where the Discipline
Committee considers an incident(s) of Illegal and/or Foul Play or alleged
Illegal and/or Foul Play, it may decide to impose a sanction in accordance with
the provisions of this policy, or in the case of an Ordering Off where the
Discipline Committee is satisfied on the balance of probabilities that the
referee's reasons for his decision were wrong take no further action.
11.3 In
the case of an Ordering Off, the function of the Discipline Committee is to
consider the circumstances of the case and determine what further sanction, if
any, should be imposed on the Player. The Player Ordered Off may seek to show
that the referee's reasons for his decision were wrong and the Discipline
Committee may, subject always to Article 11.1, review the referee's reasons for
the Ordering Off decision and the circumstances surrounding it. In any such
case, the Discipline Committee shall not make a finding contrary to the
referee's decision unless it is satisfied, on the balance of probabilities that
the referee's reasons for his decision were wrong.
11.4 In
the case of a citing, the function of the Discipline Committee shall be to
review the case and determine whether on the balance of probabilities the
Player concerned committed the act or acts of Illegal and/or Foul Play that are
the subject of the citing complaint, provided that:
(a) In any
case where the Discipline Committee is required to consider a citing complaint
in respect of an incident where the referee has made a decision on the field of
play in relation to that incident, the Discipline Committee may review the
referee's reasons for the decision and the circumstances surrounding it. In any
such case, the Discipline Committee shall not make a finding contrary to the
referee's decision unless it is satisfied on the balance of probabilities that
the referee's reasons for his decision are wrong; and
(b) In any case where the Discipline Committee
is required to consider an incident of Illegal and/or Foul Play or alleged
Illegal and/or Foul Play which has not been the subject of a determination on
the field of play by the referee it shall not uphold the citing complaint
unless it is satisfied on the balance of probabilities that the Player
concerned committed the acts or acts of Illegal and/or Foul Play that are
subject to the citing complaint.
12. Discipline Committee - Power to
Regulate its Own Procedures:
12.1 The
procedure of the Discipline Committee shall be as the Discipline Committee
shall determine in each case and the Discipline Committee shall be entitled to
depart from the procedures set out in Article 13. However, subject to the power
to regulate its own procedures and depart from the procedures set out in Article
13, it shall:
(a) seek to
conform generally with the procedures set out in Article 13;
(b) ensure
that a Player subject to Discipline proceedings has a reasonable opportunity to
be heard and to present his case;
(c) comply
with the Standard of Proof provisions set out in Article 11; and
(d) ensure
that for citing complaints made by a member club, such club has a
representative in attendance at the hearing, failing which the case will be
dismissed.
12.2 In
any case, the Chair of the Discipline Committee, or his delegate, may convene a
pre-hearing conference for the purposes of giving directions for the hearing
and clarification of the procedures. Such conference may include any Player
Ordered Off or cited or any club and/or their representative, Match Officials,
and any other person or body whose participation is considered desirable.
12.3 The Discipline Committee shall endeavour
to ensure that Discipline proceedings are heard in the presence of the club or
Player who is the subject of the proceedings, but nothing in this Policy, or
otherwise, shall prevent a Discipline Committee hearing and determining
Discipline proceedings in the absence of the club or Player concerned where the
club or Player does not attend the hearing.
In such circumstances the Discipline Committee may take written
representations made by or on behalf of the club or Player into account in
making its decision.
13. Discipline
Committee - General Procedures:
13.1 A
Player who is required to attend a hearing by a Discipline Committee shall be
entitled to be represented at the hearing by an official of his Union, his club or other affiliated organization, or by
legal counsel.
13.2 The
referee of the Match in which the player is Ordered Off may be required by the
Discipline Committee to attend the hearing of the Discipline Committee whether
in person or via telephone conference and/or video link. Nothing in this Article
shall prevent the Discipline Committee hearing and determining Discipline
proceedings in the absence of the referee and/or touch judge.
13.3 In
respect of cases involving the Ordering Off of a Player, the Discipline
Committee shall ensure that, prior to the hearing, the Player Ordered Off has
been supplied with, and has had a sufficient opportunity to consider, the
referee's report and where applicable the report of the touch judge, together
with other evidence including (where available) video evidence. In respect of
cases involving a citing complaint, the Discipline Committee shall ensure that
prior to the hearing, the Player cited has been provided with and has had a
sufficient opportunity to consider the information and reports of the incident.
13.4 The
Discipline Committee, subject to Article 11.1, shall be entitled to receive
such evidence and in such form as it thinks fit (including evidence in
writing), notwithstanding the evidence may not be legally admissible and shall
be entitled to attach such weight to that evidence as it/he sees fit.
13.5 Generally,
the Discipline Committee shall apply the Best Evidence Rule. This means that
first hand accounts from persons present at the hearing as to their
observations of the incident in question should be preferred. Hearsay evidence
may be accepted. However, caution will be exercised before hearsay evidence is
accepted in preference to first hand evidence and generally less weight is
likely to be given to hearsay evidence. Further, as a general rule, Discipline
Committees should not permit the introduction of opinion evidence other than
expert opinion evidence. Expert opinion evidence is only likely to be permitted
when the evidence falls outside the every day knowledge of members of the
Committee, for example, medical opinion.
13.6 In
the event that the Discipline Committee accepts as of probative value video
tape evidence it shall, if possible, be viewed without the sound or commentary
associated with it being heard, save where the sound commentary includes the
comments made by the referee through his microphone in relation to the specific
incident in question.
13.7 The
Discipline Committee shall be entitled to determine whether witnesses that give
evidence are able to remain in the room in which the hearing is being heard
after their evidence has been given.
13.8 The
Discipline Committee may direct the attendance, in person or by telephone
conference, at the meeting of any Player Ordered Off or cited, and any witness.
Where such a direction is given by the Discipline Committee it shall be the
responsibility of the club, the Player or Person or witness concerned to ensure
that it is complied with, notwithstanding any arrangements that may need to be
made and/or altered. In any case where a direction given by the Discipline
Committee is not complied with, the Discipline Committee may refuse to allow
the evidence of the club, Player or Person or witness to be given in any other
form.
13.9 Where
evidence is given before the Discipline Committee there shall be no direct questioning
of any witness, save by Discipline Committee members save where the Discipline
Committee agrees otherwise. Questions may, however, be put to a witness through
the Chairman of the Discipline Committee at the Chairman's discretion.
13.10 The Discipline
Committee shall be entitled to call on experts to provide specialist advice,
including legal advice.
13.11 Unless
it otherwise directs, the procedure of the Discipline Committee at a hearing
will be as follows:
(a) the
Chairman will explain the procedure to be followed;
(b) for
cases involving Ordering Off, the referee's report and, where applicable, the
touch judge's report will be read;
(c) the
Player will be asked to confirm if he admits that he has committed an act or
acts of Illegal and/or Foul Play;
(d) evidence
from the Ordered Off Player, if he elects to give evidence, and from any
witnesses to be called will be heard;
(e) final
submissions will be heard; and
(f) a
similar procedure subject to such modification as the Discipline Committee
deems appropriate may be adopted at the discretion of the Discipline Committee
with regard to cases involving citing however, the Player will be asked to
confirm if he admits that he has committed an act or acts of Illegal and/or
Foul Play.
13.12 For citing
complaints, the club citing the Player must have a representative in attendance
at the hearing to present the basis of the citing complaint and evidence in
support.
13.13 The
Player subject to the proceedings may admit the offence at any time in which
case the Discipline Committee should proceed immediately to hear submissions as
to the sanction (if any) to be imposed.
13.14 The
Discipline Committee deliberations on its decision shall take place in private.
A decision of a Discipline Committee shall be valid if taken by at least a
simple majority of the Members of the Discipline Committee. No Member of a
Discipline Committee may abstain from any decision. Where a Discipline
Committee has an even number of Members and the Members of such Discipline Committee
are unable to come to a unanimous or majority decision, then the Chairman of
the Discipline Committee shall have a casting vote.
13.15 Subject
always to Article 11, the Discipline Committee shall, in the first instance,
determine, its factual findings. Thereafter, as appropriate, it will reconvene
and hear and consider evidence and submissions in relation to sanctions.
13.16 The
Discipline Committee Chair shall, as he or she considers appropriate, be
entitled to deal with any investigatory matters or procedural matters relating
to a hearing.
13.17 The
Discipline Committee shall have power to postpone or adjourn a hearing at which
Discipline proceedings are to be heard.
14. Sanctions:
14.1 When imposing
sanctions, the Discipline Committee shall have regard to the IRB's recommended
penalties for Illegal and/or Foul Play set out in Appendix 1, with the
exception that, in most cases, the IRB period of days/weeks shall be converted
to games. This conversion reflects the
variety of games played over a fixed time period in the various competitions of
the BCRU and the nature of our year round season of league and tournament play.
14.2 A suspension of
one game is deemed equivalent to a period of seven days in the IRB Recommended
Sanctions, as that is the average number of days between games for most teams
in most competitions in British
Columbia.
14.3 A suspension
from any union makes an individual player ineligible to play rugby in any other
jurisdiction until such time as he/she has completed the penalty imposed by the
first jurisdiction.
14.4 The Discipline
Committee shall undertake an assessment of the seriousness of the Player's
conduct, which constitutes the offending and categorize the offence as being at
the lower end, mid range or top end of the scale of seriousness in order to
identify the appropriate entry point for consideration of a particular
incident(s) where such incident(s) is expressly covered in Appendix 1. Such
assessment of the seriousness of the Player's conduct shall be determined by
reference to the following features of offending:
(a) The
offending was intentional, that is, committed intentionally or deliberately;
(b) The
offending was reckless, that is the Player knew (or should have known) there
was a risk of committing an act of Illegal and/or Foul Play;
(c) The
gravity of the Player's actions in relation to the offence:
(i) Nature
of actions, manner in which offence committed including part of body used i.e.
fist, elbow, knee or boot;
(ii) The
existence of provocation and whether the Player acted in retaliation and/or
self-defence;
(d) The
effect of the offending Player's actions on the victim (i.e. extent of injury,
removal of Player from game);
(e) The
effect of offending Player's actions on the game;
(f) The
vulnerability of victim Player including part of victim's body
involved/affected, position of Player, ability to defend himself;
(g) The
level of participation in the offending and level of premeditation;
(h) Whether
the conduct of the offending Player was completed or amounted to an attempt;
(i) Any
other feature of the Player's conduct which constitutes the offending.
Based
on the assessment of the offence(s) under consideration against the above
features of offending, the Discipline Committee shall categorize the offence(s)
as being at the lower end, mid range or top end of the scale of seriousness of
offending and identify the applicable entry point where set out in Appendix 1.
For offences categorized at the top end of the scale of seriousness of
offending, the Discipline Committee is entitled to identify an entry point
between the period shown as the top end of Appendix 1 and the maximum sanction.
14.5 Having identified the applicable entry
point for consideration of a particular incident, Discipline Committees shall
identify all relevant aggravating factors and determine what additional period
of suspension, if any, above the applicable entry point for the offence should
apply to the case in question. Aggravating factors include the following:
(a) An
absence or lack of remorse and/or contrition on the part of the offending
Player;
(b) The
Player's status as an offender of the Laws of the Game;
(c) The need
for a deterrent to combat a pattern of offending;
(d) Any
other off field aggravating factor that the Discipline Committee considers
relevant and appropriate.
14.6 Thereafter,
the Discipline Committee shall identify all relevant mitigating factors and
determine if there are grounds for reducing the period of suspension, if any.
Mitigating factors include the following:
(a) The presence and timing of an acknowledgement of
culpability/guilt by the offending Player;
(b) A good record and/or good character;
(c) The age and experience of the Player;
(d) The Player's conduct prior to and at the hearing;
(e) Remorse for the Player's actions and the victim Player;
(f) Any
other off field mitigating factor that the Discipline Committee considers
relevant and appropriate.
14.7 In
cases involving offending that has been classified pursuant to Article 14.4 as
lower end offending, where there are compelling on-field and/or off-field
mitigating features and a complete absence of on-field and/or off-field
aggravating features, the Discipline Committee may apply sanctions less than
the lower end entry sanctions specified in Appendix 1 and in this respect only,
the lower end sanctions set out in Appendix 1 are not minimum sanctions.
14.8 In
cases of multiple offending, the Discipline Committee may impose sanctions to
run either on a concurrent or a consecutive basis provided that the total sanction
is in all the circumstances proportionate to the level of the overall
offending.
14.9 In any case, where a player has, in
addition to his/her current offense, been previously suspended by the BCRU-DC
at any time within the previous 24 months, the BCRU-DC shall take into account
the player's previous offense and suspension in imposing any penalty on that
player.
14.10 Usually a second offense of a similar nature
in a 24-month period shall result in an automatic doubling of the penalty for
the second offense.
14.11 The Discipline Committee shall, upon request
of a Player who has appeared at a Discipline Hearing, provide written reasons
for its decisions which specify the reasoning for their findings, including the
finding on culpability, how it has categorized the seriousness of the offence
by reference to the standard described in Article 14.4, how it applied
aggravating and mitigating factors and concluding with the sanction, if any,
imposed.
15. Traveling
and Off-Field Infractions:
15.1 Upon
the receipt of a written complaint from a public carrier, hotel, or restaurant
or any other similar business, institution or organization with respect to
misconduct by BCRU members, the Discipline Committee may require the cited
member's club to post a $1,000 bond subject to a full hearing into the matter.
15.2 The BCRU-DC will
determine, based on the evidence presented, the appropriate course of action to
follow as a result of an investigation into this matter.
16. Misconduct:
16.1 Clubs are
responsible and accountable for the conduct of their Players, officials and all
Persons under their jurisdiction. Clubs, Players and Persons must conduct
themselves in a disciplined and sporting manner and ensure that they do not
commit an act or acts or Misconduct.
For the purposes of this Article, Misconduct shall mean
any conduct, behaviour or practices on or off the playing enclosure in
connection with a game or tournament (excluding Foul Play during a Match) that
is unsporting and/or unruly and/or ill-disciplined and/or that brings or has
the potential to bring the sport of Rugby Union, or the BCRU into disrepute.
16.2 It is not possible to provide a
definitive and exhaustive list of the types of conduct, behaviour, statements
or practices that may amount to Misconduct under these Articles. By way of
illustration, each of the following types of conduct is an example of
Misconduct:
(a) acts of
violence or intimidation within the Venue in which the Match is being played
including (without limitation) the tunnel, changing rooms and/or warm-up areas;
(b) acting
in an abusive, insulting, intimidating or offensive manner towards referees,
touch judges or other officials or any person associated with the Club's
participating in the Match or spectators;
(c) acts or statements that are or conduct that
is discriminatory by reason of religion, race, sex, colour or national or
ethnic origin;
(d) seeking
or accepting any bribe or other benefit to fix a game or to achieve a contrived
outcome to a game or to otherwise influence improperly the outcome of any
dimension of aspect of any game;
(e) entering
into any wager, bet or form of financial speculation, directly or indirectly as
to the result of any other dimension or aspect of any game in which the Person
is directly or indirectly involved and/or connected with;
(f) providing
inaccurate and/or misleading information about previous Discipline record in
any proceedings under this Article or other Discipline proceedings and/or
misleading information concerning the Player's future playing intentions;
(g) any other breach of the BCRU Code of
Conduct;
(h) comments
and/or conduct in connection with current and/or anticipated Discipline
proceedings and/or match officiating (or any aspect thereof), which may be
prejudicial to and/or impact on current and/or anticipated Discipline
proceedings and/or which are prejudicial to the interests of the game and/or
any Person.
16.3 Where
the Discipline Committee is made aware of an act of Misconduct, the Discipline
Committee shall take such investigative steps as it deems appropriate to
determine the particulars of the alleged incident including holding a hearing
in respect of the incident in which case the provisions of this Policy relating
to Citings shall apply, mutatis mutandis.
17. Public Notice of Discipline Hearing
Findings:
17.1 The BCRU office
will circulate Discipline Committee minutes to BCRU-DC members.
17.2 The results of
Sub Union Discipline hearings will be forwarded to the BCRU office for
distribution to the BCRU-DC immediately after the completion of the hearing by
the SU-DC.
17.3 The BCRU office
is to maintain a data base with respect to all discipline cases reported to the
BCRU-DC.
17.4 The record of
all discipline cases shall remain in the data base for at least a 24 month
period.
17.5 The BCRU will
post all BCRU-DC and SU-DC Discipline Hearing results on the BCRU Website.
18. Appeals:
18.1 An appeal of an
order of the BCRU-DC shall be heard by a BCRU Appeal Committee.
18.2 An appeal of an
order of a SU-DC shall be heard by that Sub Union's Executive Committee.
18.3 An appeal of an
order of a Sub Union Executive Committee shall be heard by a BCRU Appeal
Committee.
19. Post-Hearing Procedures:
19.1 The
decision of the Discipline Committee shall be advised to applicable parties, as
soon as practicable after the conclusion of the hearing and shall be binding on
notification to the Player or his representative, if any. Where it considers it
appropriate, the Discipline Committee may deliver a short oral decision at the conclusion
of the hearing.
19.2 Relevant
parties heard by the Discipline Committee shall be entitled to a copy of any
written decision of the Discipline Committee which shall, where practicable, be
sent to them by the Host club within 48 hours after it is available.
19.3 In
any case where a Player is adversely affected by a decision of the Discipline
Committee, he shall be advised by the Discipline Committee of the circumstances
in which he may appeal to the BCRU Appeal Committee. Such advice shall,
ordinarily, be included in the Discipline Committee's written decision, if any,
and advised at the conclusion of the hearing if an oral decision is given.
19.4 The hearing by the Discipline Committee (save
for private deliberations) shall, ordinarily, be fully audio recorded. The
record of the proceedings, and all papers associated with the proceedings,
shall be held by the Discipline Committee which shall make the same available
if required. Copies of the record shall be made available at reasonable cost
only on appeal of the decision of the Discipline Committee. An Appeal of a decision of the Discipline
Committee shall be undertaken in accordance with the BC Appeal Rules.
20. Playing While Under Suspension:
20.1 A Player Ordered
Off may not take part or be selected for any further Match until his case has
been dealt with by a Discipline Committee.
20.2 Without in any
way limiting the effect of Article 19.1, a Player that is subject to an
Ordering Off (or as may be applicable subject to a misconduct complaint) is not
entitled to play in any International Match or Match forming part of an International
Tournament or International Tour until his case has been finally resolved.
20.3 A suspended
Person or Player who elects to appeal may not take part or be selected for any
further Match until his case has been dealt with by an Appeal Committee.
20.4 The BCRU will
not tolerate members playing while under suspension.
20.5 If a player is
found to be playing while under suspension, the issue will be dealt with at the
next regular meeting of the BCRU-DC.
20.6 The BCRU-DC will
determine, based on the evidence presented, the best course of action to follow
with respect to imposing additional penalties upon the player and his/her club.
21. Definition of a Game for Purposes of Discipline:
21.1 A game is defined as a league, exhibition,
representative game or a tournament at the same divisional level, or above,
that in which the offense occurred.
21.2 An individual ejected from a 1st
division game may not count a 2nd or 3rd division game as
part of his/her suspension but may count an exhibition game, a representative
fixture, a tournament or provincial or regional competition as part of the game
count for his/her suspension in accordance with Article 21.4.
21.3 A suspended player may use a defaulted
game as a part of the game count for his/her suspension if the player was not a
member of the defaulting team and in accordance with Article 21.4.
21.4 An exhibition game, a representative
game, a tournament, provincial or regional competition or a defaulted game may
only be counted towards a suspension if the player or his/her club requests in
writing to the Chair of the BCRU-DC to count these competitions as part of the
suspension.
21.5 Generally, a Seven Aside tournament will
be treated as being equivalent to one divisional game.
21.6 The Chair of the BCRU-DC has the sole
discretion as to what constitutes a legitimate exhibition game or tournament.
22. Seven Aside Tournaments:
22.1 Subject to the
exceptions noted below, the provisions of this Policy shall apply mutatis mutandis to games played, and
any incidents arising from, a Summer Seven Aside tournament.
22.2 The sponsors of
each Summer Seven Aside tournament shall arrange for one or more discipline
officers (a "Tournament Discipline Officer") to be appointed to deal with any
discipline issues arising during the tournament.
22.3 No person shall
be entitled to act as a Tournament Discipline Officer unless his or her
appointment as such has been approved by the Discipline Committee.
22.4 A duly appointed
Tournament Discipline Officer shall deal with discipline issues arising during
the pertinent tournament and, when doing so, shall apply the provisions of this
Policy.
22.5 A Tournament
Discipline Officer will file within 48 hours of the tournament's completion a
Tournament Discipline Report (in accordance with the Form attached as Schedule
___ to this Policy), which sets out the following:
(a) A Discipline
Hearing summary for each red card issued during the tournament, such summary to
include:
(i) Name of player
receiving red card;
(ii) Nature of the
incident giving rise to the issuance of the red card;
(iii) Resolution of the
Tournament Discipline Officer regarding the sanction to be imposed; and
(iv) Any additional
observations of the Tournament Discipline Officer regarding the incident or
hearing that should be considered by the Discipline Committee;
(b) A summary of any
issue arising during the tournament, whether within the playing enclosure or
external thereto, which the Tournament Discipline Officer believes merits
consideration by the Discipline Committee.
22.6 The BCRU-DC
shall maintain a record of all red cards issued during the Summer Seven Aside
tournament schedule.
22.7 The BCRU-DC
shall review each Tournament Discipline Summary and determine what, if any,
additional action is required.
22.8 The BCRU-DC
shall have the power to compel players who receive multiple red cards during
the Summer Seven Aside tournament season to attend a hearing before the
Discipline Committee. The provisions of
this Policy shall apply to such hearing.
22.9 A player who
receives a red card while participating in a Summer Seven Aside tournament
shall not be eligible to play in any subsequent game until the player has
appeared before the pertinent Tournament Discipline Officer or the BCRU-DC.
23. Additional
Provisions:
23.1 In
all proceedings heard by the Discipline Committee, referees and/or touch judges
may only give evidence of fact, not opinion.
23.2 The
standard of proof on all questions to be determined by the Discipline Committee
shall be the balance of probabilities.
23.3 Procedures
or proceedings under this Article or any decision of a Discipline Committee shall
not be quashed or held invalid by reason only of any defect, irregularity,
omission or other technicality unless such defect, irregularity, omission or
technicality raises a material doubt as to the reliability of the findings or
decisions of a Discipline Committee results in a miscarriage of justice.
23.4 Hearings
by the Discipline Committee shall be held in private.
23.5 Where
Discipline proceedings, however arising, are taken against more than one Player
as a result of incidents occurring in a Match, such proceedings may be heard by
a Discipline Committee at the same time, provided there is no prejudice to any
person against whom the Discipline proceedings are taken.
23.6 No
member of the Discipline Committee should comment to the media on a decision of
the Committee but the Chair may release a copy of that decision to the media if
it is available; or if a full written decision is not available, release to the
media a brief resume of that decision.
23.7 In
respect of any matter not provided for in this Article the Discipline Committee
shall take a decision according to general principles of natural justice and
fairness.
23.8 The Discipline
Committee, prior to a hearing or at any stage during a hearing, may amend the
offence for which the Player or Person has been Ordered Off or cited unless,
having regard to the circumstances of the case, such amendment cannot be made
without causing injustice.
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