DISPUTES & APPEALS

Marie Atkinson

Sports Programme

Manger

Likely Scenarios

Officials - Number/Qualification/Neutrality

Eligibility of Players

1st / 2nd Team Players

Travel Problems / Late Arrival

Quality of Facilities

Avoid Match Day Problems

Understand the General Regulations

Train your Captains!

Give Captains copies of the General & Sport Specific Regs.

Play under Protest

Be Strong with your Team!

Playing Under Protest

WHEN?

Conditions do not adhere to those outlined in the BUSA General Regulations, SportSpecific Regulations or Premier League Contract

HOW

Complete a Playing Under Protest Form State ALL Grievance(s) Both teams MUST sign and can’t refuse

Playing Under Protest

ENTITLEMENT

Completion of form = Right to appeal after the fixture

IF NOT

Team has accepted the conditions under which it has been played unless something comes to light later (Reg 10.8 still applies)

After the Match

STAGE 1

QUESTION YOURSELF - Grounds for an Appeal?

Get your facts straight (facts not emotion!) - Consult the RegsUnsure? - Speak to the BUSA Office

OUTCOME

- Be strong with your teams - you are appealing, not them!Your institution’s reputation rests on your decision.

- Go to Stage 2

After the Match - Stage 2

STAGE 2

CONTACT YOUR OPPOSITION

Call them up and discuss what happened - resolve amicably?

OUTCOME

Agree to replay/appropriate amended score-line IN WRITING

Can’t reach agreement = Go to Stage 3 - Making an Initial Appeal

Making an Initial Appeal

STAGE 3

Put an Initial Appeal in writing to the BUSA Office for consideration:

Typed on Initial Appeal Pro forma and Faxed or E-mailed Signed by AU to Indicate Support DEADLINE - 2pm the Day after the Fixture

DON’T WASTE THE TIME OF YOUR PEERS!

What Happens Next?

1. BUSA Office Confirms Receipt

2. BUSA Forwards to Opposition for Response within 24hrs

3. BUSA Office Considers all Evidence Received

- May ask for more info/clarification

4. BUSA Office Advises Both Parties of the Decision

Decision Making Process

The BUSA Office:

a) Considers All Evidence & Information Received

b) Recognises Precedents Set by Previous Similar Appeals

c) May Consult other Bodies/Organisations Eg. SMG/NGB

What Next?

Not Happy? - Option of a Full Appeal to Disciplinary Committee...

THINGS TO CONSIDER:

Upset or Have a Case?

Spirit of BUSA competition?

Cost of Appeal - £50

Potential of Costs - If Disciplinary find against you

Potential of a Fine - If Disciplinary considers it unworthy

DO NOT WASTE THE TIME OF YOUR PEERS , THE VOLUNTEERS OR THE BUSA OFFICE !

How to Make a Full Appeal

If you wish to make a Full Appeal:

Fax BUSA Office Letter stating wish to take matter to Full Appeal

Deadline - within 24hrs of notification of appeal decision

Send £50 Cheque immediately

Case is referred to Disciplinary Committee

Disciplinary Committee

“The Committee shall consider all matters constituting or pertaining to any breach of rules and regulations of the Association and shall be empowered to deal as they think fit with institutions, clubs, officials and players in respect of complaints of misconduct or other matters not otherwise specifically provided for in these rules and regulations”

Chair - Life Vice President or Vice President

Panel - 2 Student Members (Impartial)

Clerk - BUSA Sports Programme Manager

Case Hearing Procedure

a) Case Presented by Institution who Lodged the Appeal or by BUSA

b) Evidence Questioned by Panel

c) Defending Institution Presents Case

d) Evidence Questioned by Panel

e) Panel Reaches Decision

f) Sanctions, Costs & Fines are Awarded As Appropriate

Further Appeal

Not Happy? - Option of a Further Appeal to a panel of representatives from Executive Board

Fax BUSA Office Letter Stating Grounds for Further Appeal

Deadline - within 5 days of notification of Disciplinary’s Decision

Send £200 Cheque

Case is referred to Exec Board

VERY RARE - ONLY 2 cases in the History of BUSA

The Stats - Initial Appeals

In 2003-04 season there were 83 Initial Appeals:

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2

4

6

8

10

12

14

16

18

20

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The Stats - BUSA’s Decisions

57%

41%

1%1%

Result to Stand

Replay

Walkover

Void

What does this tell us?

Almost 60% of all appeals may not a have been thought through…a regulation had not been contravened!

So what decisions did the BUSA office come to:

The Stats - Full Appeals

What does this tell us?

Only make a Full Appeal if you are certain that a regulation has been contravened.

Of the 83 initial appeals -

8 objected to the BUSA Office’s Decision...

Disciplinary found that only 2 of these had a valid case!

Example 1 - Good Initial Appeal

An institution finds out that a player of their opposition who played in a 1st team hockey match in the morning, played against them in 2nd team match later that day.

WHY: Contravened Regulation 7.2 - “individuals may not play for different teams on the same date”

OUTCOME: Walkover to appealing institution.

Example 2 - Good Initial Appeal

University A arrives at University B to find no qualified umpires to officiate a trophy hockey match. Officials were booked, but cancelled at the last minute - there is written proof of this.

2 non qualified players officiate, played under protestResult 2-1 to University B.

WHY: Contravened Reg 10.14.1 - “Failure to supply correct officials”

OUTCOME: Match to be replayed at University A

Example 3 - Bad Full Appeal

Following an away Netball fixture University A queries the neutrality of an umpire provided by University B.

University B claimed not to know the BUSA Regs.

BUSA Office awarded a Replay at University A.

University B disputed decision and took the issue to Full Appeal as they felt they should host the replay or it should be at a neutral venue.

OUTCOME: Disciplinary Rejected University A’s Appeal.

WHY: They had contravened the regs, could not accept it!

ACTUAL CASE 03/04 - TIME WASTED FOR ALL CONCERNED???