Baseball Northern Territory Interim Reported Player & Tribunal Procedures

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Baseball Northern Territory Interim Reported Player & Tribunal Procedures Unit 4, 28 Tambling Tce, Lyons NT 0810 PO Box 40329, Casuarina NT 0810 [email protected] facebook.com/territorybaseball ABN: 48 275 166 266 0407 733 792 BASEBALL NORTHERN TERRITORY INTERIM REPORTED PLAYER & TRIBUNAL PROCEDURES As of 12 March 2020 TABLE OF CONTENTS REPORTED PLAYER & TRIBUNAL PROCEDURE p.1 Reporting Procedures p.1 Tribunal Chairman Procedures p.2 Pre-Tribunal Hearing Procedures p.3 Tribunal Hearing Procedures p.6 Reopening a Tribunal Hearing p.10 APPENDIX A p.11 Recommended Penalties and Offence Definitions p.11 a) Class A Offences p.12 b) Class B Offences p.13 c) Class C Offences p.14 APPENDIX B p.15 Notice Form for Reported Player p.15 APPEAL - TRIBUNAL DECISION p.16 Notice of Appeal p.16 Appeals Officer p.16 Grounds for an Appeal p.16 Appeals Committee p.17 Proceedings of Appeals Committee p.17 Powers of the Appeals Committee p.17 Appeal of Appeal Committee Decision p.18 APPEAL - TRIBUNAL PROCEDURE p.18 Notice of Appeal p.18 Appeals Officer p.18 Grounds for an Appeal p.19 Appeals Committee p.20 Proceedings of Appeals Committee p.21 Appeal of Appeal Committee Decision p.23 1 Unit 4, 28 Tambling Tce, Lyons NT 0810 PO Box 40329, Casuarina NT 0810 [email protected] facebook.com/territorybaseball ABN: 48 275 166 266 0407 733 792 REPORTED PLAYER & TRIBUNAL PROCEDURE REPORTING PROCEDURES 1. Any umpire in control of any Baseball Northern Territory (BNT) and/or Darwin Baseball League (DBL) and/or Alice Springs Baseball Association (ASBA) game may report any person who engages in conduct detrimental to the best interests of the game of baseball. 2. Immediately following any ejection, the provisions of MLB Rule of Baseball 4.07 shall be enforced so far as they are practicable in the circumstances of that particular game. Rule 4.07 - “When a manager, player, coach or trainer is ejected from a game, he shall leave the field immediately and take no further part in that game. He shall remain in the Club house or change to street clothes and either leave the park or take a seat in the grandstand well removed from the vicinity of his team’s bench or bullpen.” In addition, the following process of recording the reported person shall be completed: 2.1. The scorers shall record the report of a person on the Official Game Card with the letter “E” next to the reported person. 2.1.1. This record constitutes notice of the ejection and report to both clubs participating in the game. 2.1.2. At the conclusion of the game, the Reporting Umpire shall ensure the correct person(s) has been indicated on the Official Game Card 2.2. The Reporting Umpire shall sign the record of the report on the Game. 2.2.1. The signed Official Game Card is confirmation to all relevant parties that a person was reported. 2.2.2. Failure to sign the Official Game Card will not be considered grounds for the Tribunal or Appeals Committee to invalidate a report. 2.3. The Official Game Card shall be submitted by the relevant party as soon as possible to Baseball Northern Territory. 2.4. The Reporting Umpire shall inform BNT of an ejected person(s) no later than 12:00pm the next working day following the game. 2.4.1. The Reporting Umpire must provide the name and club of the Reported Person and the relevant details of the offence for which the person was ejected. 2 Unit 4, 28 Tambling Tce, Lyons NT 0810 PO Box 40329, Casuarina NT 0810 [email protected] facebook.com/territorybaseball ABN: 48 275 166 266 0407 733 792 2.5. All Umpires from the game must complete an Incident Report. 2.5.1. Umpires must provide a draft copy of the Incident Report to BNT no later than 12:00pm on the next working day following the game for review. 2.6. The Reported Person(s) must complete an Incident Report. If the Reported Person(s) fails to submit an Incident Report to BNT by 5:00pm the next working day following the game, that person will be suspended from participating in any form of Baseball and must not play, manage, coach or assist in the conduct of any Senior, Women’s, Masters or Juniors baseball until the BNT office is in receipt of the completed Incident Report. 2.7. All completed Incident Reports must be delivered to BNT no later than 5:00pm the next working day following the game. 2.7.1. Failure to submit this report by the stated deadlines does not invalidate the report and shall not be considered grounds for an appeal of any penalty that results from the report. 2.7.2. A Reported Person(s) shall be permitted to continue participating in any competition if the delay in submitting the umpire report(s) results in any delay in the formation of a Tribunal hearing, unless the charges were referred directly to a hearing of the Tribunal by the Tribunal Chairman, in which case the Reported Person shall be suspended from any participation in any competitions until a Tribunal hearing is convened. 2.8. Upon receiving notice of the Report, the BNT Office shall forward the Incident Reports to the Tribunal Chairman. TRIBUNAL CHAIRMAN PROCEDURES 3. The Tribunal Chairman has the power to: 3.1. Dismiss a charge(s) when there is insufficient evidence in the Incident Reports to sustain such a charge. 3.2. Consider the Umpire’s Report as prima facie evidence, determine the severity of the charge(s) set forth by the Reporting Umpires, and offer a penalty on the Reported Person based on, but not limited to, the Recommended Table of Penalties in Appendix A. 3.2.1. If relevant, the Tribunal Chairman may consider the Reported Person’s previous report record in determining any penalty. This record will be supplied to the Tribunal Chairman by the BNT Office. 3 Unit 4, 28 Tambling Tce, Lyons NT 0810 PO Box 40329, Casuarina NT 0810 [email protected] facebook.com/territorybaseball ABN: 48 275 166 266 0407 733 792 3.3. In the event the Tribunal Chairman categorises and offence for which the Recommended Table of Penalties list ‘Tribunal’ as the recommended penalty, or the charge is not listed on the Recommended Table of Penalties, the Tribunal Chairman shall not issue a penalty and must refer such offences to the Tribunal for a hearing. 4. The Tribunal Chairman shall notify the BNT Office of any decision related to the report by 5:00pm the next working day following the game. 5. The BNT Office must notify the Reported Person’s Club Secretary as soon as practicable by email of all charges and penalties offered by the Tribunal Chairman and any requirement of the Reported Person to appear before the Tribunal. 5.1. The Incident Reports will be made available 24 hours before any Tribunal hearing. 6. In all cases, the Club shall be responsible for notifying the Reported Person of any correspondence it received related to the report. 7. The Club must notify the BNT Office by 5:00pm the day after receiving the Tribunal Chairman’s penalty offer, of the Reported Person decision, being one of the following: 7.1. The offer is ‘accepted’ and the Reported Person shall serve the penalty imposed. 7.2. The offer is ‘rejected’, and a Tribunal hearing is requested on the first Thursday after the date the player was reported to contest the charges or severity of charges. 7.3. If the Club fails to notify the BNT Office of the Reported Person’s response by the stated deadline the Tribunal Chairman’s penalty offer shall stand and the suspension shall be served immediately. PRE-TRIBUNAL HEARING PROCEDURES 8. Upon receiving confirmation that the Reported Person intends to contest the Tribunal Chairman’s decision at a Tribunal hearing, the BNT Office shall confirm the details of the Tribunal hearing to the Reported Person’s Club, the Reporting Umpire and the Tribunal Chairman. 8.1. The meeting of the Tribunal is fixed and cannot be changed, except at the discretion of the Tribunal Chairman 4 Unit 4, 28 Tambling Tce, Lyons NT 0810 PO Box 40329, Casuarina NT 0810 [email protected] facebook.com/territorybaseball ABN: 48 275 166 266 0407 733 792 8.2. The Reporting Umpires are not required to attend the scheduled Tribunal hearing, unless the Tribunal Chairman makes such a request. 8.2.1. If the Tribunal Chairman makes such a request, the Reporting Umpires required to attend must be notified no later than 24 hours before the scheduled Tribunal hearing. 8.2.2. If the Reported Person wishes to question the Reporting Umpire(s), those questions are to be submitted to the Tribunal Chairman prior to the day of the Tribunal hearing. If the Tribunal Chairman deems these questions reasonable, the Reporting Umpire(s) will be requested to attend the Tribunal hearing through the BNT Office no later than 24 hours before the scheduled Tribunal hearing. 8.3. If the Reporting Umpire is unable to attend the scheduled Tribunal hearing, the Tribunal Chairman may offer the Reporting Umpire a telephone or other electronic conference links to have the Tribunal held. This shall be given at the discretion of the Tribunal Chairman. 8.4. Should a Reported Person be unable to attend the next scheduled hearing of the Tribunal, that person shall immediately notify the BNT Office and state the reason for their enforced absence. The Tribunal shall consider all aspects of the matter and decide if the Reported Person should be given permission to participate in any games set down to be scheduled prior to the rescheduled hearing.
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