DISCIPLINARY ACTION

4.1 DISCIPLINARY ACTION shall be to further the interests of softball.

a) AUTHORITY Disciplinary action may be taken against any member by:

i) an affiliated Association/League

(a) This will only affect a member’s eligibility to participate in games against other teams belonging to the Association/League.

(b) Suspensions issued by Association/Leagues shall not exceed one year. A detailed written or electronic report of any suspension exceeding 30 days must be submitted to the Softball B.C. office.;

ii) any member of the Board of Directors;

b) GROUNDS Conduct of a member that might reasonably lead to disciplinary action includes (the list is not exhaustive):

(a) Verbally and/or physically abusing an umpire or other member;

(b) Knowingly playing with or against a suspended coach, player or team;

(c) Knowingly playing an ineligible player;

(d) Misconduct in hotels, restaurants, and/or drinking establishments while attending exhibition, league, playoff, tournament, Provincial Championship and extra-Provincial Championship events;

(e) Not returning uniforms or equipment to teams, Associations or leagues within a reasonable time after being requested to do so;

(f) Competing under an assumed name;

(g) Committing fraud involving the game of softball;

(h) Violating the Constitution, By-Laws and/or Operating Rules of an affiliated Association, League or Softball B.C.;

c) NOTIFICATION of disciplinary action shall be delivered to the member and copied to the member’s team and Association/League in writing or electronic form.

d) PRO TEM (interim) suspensions of less than 31 days may be issued, in writing by priority courier, or in person in exceptional circumstances

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(i.e. flagrant abuse (verbal or physical) of an umpire, player, fan or official; criminal or civil misbehaviour; gross misconduct relating to, and/or defiance of, established Special Operating Rules):

i) Upon agreement between the appropriate District Umpire-in-Chief and District Coordinator;

ii) In the case of Provincial Championship, by the Board Member, or his/her designate in charge of the Championship.

e) EXPIRY Disciplinary actions, including Pro tem suspensions, shall be deemed to have expired 31 days after they have been issued at 2400H, however further disciplinary action could be imposed in accordance with Article4.1.

f) INVESTIGATION barring exceptional circumstances, a full investigation, in adherence with the principles of “Natural Justice”, shall be undertaken before any disciplinary action is taken. Where a Pro tem suspension is issued, such an investigation shall be commenced as soon as possible and ratified, revoked or revised where the investigation with any member of their team or executive, they may be subject to further disciplinary action.

i) POSTING When a member is suspended, they will have their name posted on the Softball BC website until the conclusion of the suspension.

The information will include the reason for suspension and the length of the suspension. The notice of suspension, if not for bad debt, will also be forwarded to Softball Canada with a request that it be forwarded to the ASA and its affiliates, as well as all Provincial/Territorial associations.

ARTICLE 5 – APPEALS

5.1 SUBJECT TO APPEAL:

a) DISCIPLINARY action issued pursuant to Article 4

b) NON-DISCIPLINARY action the appellant feels is an unjust decision set down by their ruling executive, District Coordinator, or a member of the Board of Directors of Softball B.C.

c) PLAY-RELATED Rulings related to play will be appealed per Softball Canada Rules.

5.2 APPEAL REQUIREMENTS

a) DISCIPLINARY appeals to the Softball BC Appeal Committee must be:

i) initiated by verbal notice that must reach the Softball BC office within 72 hours of the date of decision; and

ii) be followed by written or electronic notice of appeal, postmarked or delivered to Softball BC within 14 days of notification of the applicable action. A $250.00 cash deposit or alternative in a form acceptable to Softball BC, must accompany the notice (Note: Start of the appeal period is the date when the decision being appealed is delivered formally).

b) NON-DISCIPLINARY

i) Non-disciplinary appeals to the District Coordinator/U.I.C. or Softball B.C. Director level must be initiated within 30 days of notification of the action being appealed.

ii) Before a Non-disciplinary appeal will be considered by the Softball B.C. Appeal Committee, an Appeal must first be submitted in writing or electronic form to the appropriate level as outlined below and dealt with at that level, and where necessary, each succedent level.

(c) SOFTBALL BC LEVEL where a Softball B.C. Director or Provincial U.I.C. has rendered the decision, to Appeal to a Softball B.C. Appeal Committee;

(d) CONFLICT the President of Softball B.C. may direct it to the next appropriate level or directly to an Appeal Committee where there is a level conflict.

c) CONTENT OF APPEAL NOTICE:

i) Name, address and phone number of appellant;

ii) Names of parent Association and/or League and team to which appellant is affiliated;

iii) Grounds for Appeal;

iv) A detailed outline of the circumstances in question which shall contain detailed supporting documentation and witness statements if available, and may contain character references.

5.3 APPEAL OF PRO TEM suspension shall be reviewed by the President of Softball B.C., to determine if the correct protocol has been followed in issuance of the Pro tem suspension, who shall direct or conduct an investigation and shall issue a timely and reasonable ruling or the vice president, if the president has issued the pro tem.

5.4 APPEAL COMMITTEE – any member of Softball B.C. in good standing may be appointed to an Appeal Committee. The Chair of the Committee shall be a Director appointed by the President, and the other members of the committee shall be appointed by or on behalf of the President through the chair of the Committee and shall reflect the make-up of the membership. It is

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recommended, but not compulsory, that each appointed Committee have five members, but must have at least three members.

a) CONFLICT OF INTEREST No persons shall participate in adjudicating an appeal where they were:

i) PARTICIPANT a significant participant in the decision being appealed

ii) WITNESS a potential witness in the matter under consideration.

b) CONFLICT OF INTEREST RESOLUTION should a conflict become evident, the President of Softball B.C. may designate a replacement to ensure that a fair and impartial appellate decision will be made.

5.5 APPEALS INVESTIGATION: An appeal investigation procedure shall be determined by the President guided by this section.

a) PRELIMINARY RULING When an appeal has been received by Softball B.C., the President or the chair of the Appeal Committee shall, within 5 days, advise the appellant that:

i) further elaboration is necessary before consideration can be given to the Notice of Appeal where it is found the material provided is insufficient or lacking:

ii) the basis of the appeal is vexatious or without foundation, and will not be considered by Softball B.C.

iii) the Notice of Appeal is approved for investigation and deliberation by the President

b) PROCESS The appeal process may involve:

i) An inquiry through a collaboration of witness statements, reports and other evidence, which may or may not include an interview of the appellant by one or more Appeal Committee members;

ii) an oral hearing pursuant to Article 5.6 where witnesses and/or the appellant shall appear in person before the Appeal Committee, or:

iii) both an inquiry and an oral hearing.

5.6 HEARING: Hearing procedure shall be determined by the Appeal Committee Chair, or in the case of a Pro tem Suspension appeal, by the President.

a) OPEN OR CLOSED The procedure may involve an open session where all parties may be present during the hearing, or may involve a closed session where each witness, appellant or respondent may come before the committee independently.

b) NOTIFICATION The Appeal Committee shall ensure that the appellant, respondent and witnesses are notified in writing or electronic form of the date, time and place of the hearing. Normally two clear days prior to the hearing will constitute sufficient notice.

c) SUPPORT In addition to witnesses summoned by the Appeal Committee, the appellant and the respondent shall be entitled to include one supporting person per party who may speak at the hearing.

d) INTERESTED PERSONS Any other interested person wishing to attend may do so, bearing in mind that the hearing process may include a closed session pursuant to Article 5.6(a). Any person so attending may, at the discretion of the Chair, address the Appeal Committee.

e) FAILURE TO APPEAR Failure of an appellant, respondent or witness to appear for a hearing when it is confirmed they have been properly notified, shall not prevent the Appeal Committee from proceeding to adjudicate the issue.

5.7 ONUS ON APPELLANT The onus shall rest with the appellant to convince the Appeal Committee that a wrong or unjust decision was set down by their ruling executive, District Coordinator or members of the Board of Directors.

After completion of an investigation and deliberation, an appeal shall only be considered successful, in whole or in part, where a majority of the Appeal Committee find for the appellant.

5.8 DECISION Following completion of the investigation and/or oral hearing process, the Appeal Committee shall deliberate the issue and render a decision.

The Appeal Committee may:

i) Vacate the decision, or ii) Uphold the decision, or iii) Vary the decision.

b) A WRITTEN DECISION shall be rendered by the Appeal Committee, or in the case of a Pro tem Suspension appeal, by the President, and shall be mailed to the appellant and aggrieved parties postmarked within 5 days of the conclusion of the hearing, or delivered electronically, if applicable.

c) SUCCESSFUL APPEAL Where an appeal is successful in whole or in part, the $250 deposit shall be returned to the appellant.

d) FINAL Decisions of the Appeal Committee, or the President in the case of a Pro tem Suspension appeal, shall be conclusive and not subject to further appeal.

e) APPLICATION TO THE COURTS Any member who fails to exhaust the appeal procedures provided herein prior to resorting to external legal remedies shall be subject to further disciplinary action at the discretion of the majority of the Appeal Committee.

f) JURISDICTION Softball Canada may be requested to enforce any disciplinary action taken by the Association throughout Softball Canada’s jurisdiction.

5.9 FORFEIT RIGHT TO APPEAL Any member who does not follow these procedures, and contacts multiple members of the Board directly, shall forfeit their right to an appeal.