DISCIPLINE

 Hearings
 

 MEMORANDUM OF PROCEDURES
 
12. Suspension Pending Misconduct Hearing
 
12.1 The appropriate Affiliated Association shall have the power, in consultation with The Football Association’s Compliance/Disciplinary departments, to order that an Official of a Club affiliated to or a Player registered with that Association, and not one associated with the 6 designated Leagues, shall be suspended from all or any specific activity for such period and on such terms and conditions as agreed by The Football Association and the Association considers appropriate (an "lnterim Suspension Order”).
 
12.2 The Interim Suspension Order shall apply when the Club Official or Player has been charged by the Affiliated Association in relation to an alleged act of serious misconduct, or with a criminal offence, or by a League sanctioned by the Affiliated Association or the Football Association in connection with disciplinary action pursuant to relevant regulations of the League.
 
12.3 As soon as reasonably practicable notification of an Interim Suspension Order shall be advised to the Player and/or the Club and will be lifted when the charge of misconduct is dealt with by a Commission or the criminal charges are withdrawn or found not to have been proved.
 
13. Personal Hearing
 
(See also: General Provisions relating to Inquiries, Commissions of Inquiry, Disciplinary Commissions and Appeal Boards; and Disoiplinary Procedures to be used at Personal Hearings before Commissions requested by Participants of Clubs and Clubs dealt with by County and Other Affiliated Associations).
 
13.1 The notification indicating a charge must inform the player of the right to request a Personal Hearing in respect of the alleged offence and must also indicate that in the event of the charge being proved there will be a liability to be ordered to pay all or part of the costs of the Personal Hearing, which costs may include a part of the overhead expenses of the Association attributable to the bearing. Similarly, in cases where the rules or regulations of the Association require the deposit of a fee for a Personal Hearing, (as determined by the Council — Season 2003-04:E25) currently £25, at the time of such request the player must be informed that the fee is liable to be forfeited in full or in part if the charge is proved, in addition to any fine which may be imposed.
In an unproved case neither a fee may be retained, nor may Commission costs be levied, either for a Personal Hearing or for any other "non-Personal Hearing” case. (Commission costs cannot be levied in cases where a player has been instructed to appear before a disciplinary commission).
 
13.2 Upon receiving a request for a Personal Hearing in respect of an alleged offence, the Association will appoint a Commission of not less than three nor more than five members to hear and adjudicate upon the charge. In the case of a player under the age of 18 years of age on the date fixed for the hearing, it shall take place either in the presence of a parent or guardian of the player or another appropriate adult.
 
13.3 Fines must not be imposed on children [ 1.5(b)]. Any fine and administration charges arising out of misconduct by a child must be levied on the club.
 
13.4 The player, through his club secretary, must be given the date, time and venue fixed for the Personal Hearing and arrangements made for the attendance before the Commission of any witnesses in support of the charge, in particular the match official(s) on whose report the charge has been brought. At a Personal Hearing of a charge a Commission may adopt such procedures as it considers appropriate and expedient for the just determination of the charge brought before it. A Commission shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before a court of law.
 
13.5 The person charged and the match official(s) concerned should be given a minimum 14 days notice of details of the Personal Hearing. Any written request to the Commission for a postponement of the bearing should be given consideration. If the reason submitted is considered valid, then a postponement should be granted, and in such circumstances costs may be charged. A request for a second postponement by the same party should not be granted.
 
13.6 If the charge is found not proved, any record of it will be expunged. If the charge is found proved the Commission will decide what punishment, if any, is to be imposed. In so doing! members of the Commission must consider the overall nature and effect of the offence(s) and the player’s previous record and any plea for leniency,
 
13.7 Except when an Appeal has been lodged, any fines or costs that are ordered must be paid before the expiry of 14 days from the date of the order. Failure to pay within such period is deemed to be misconduct punishable by censure, a further late fine and/or suspension (as determined by a Commission). The second Commission shall have the power to consider the matter on 48 hours notice and the power to suspend for continuing non-payment. in any case, a late fine, currently £20, will be levied in addition to the original charge and a further 7 days given to respond to the charge. Failure to respond within the 7 days will result in a further late fine of £20 and, after a further 7 days, the Club and Player being suspended until the provisions above have been complied with. The player and his club are jointly and severally responsible for payment of the fine and costs. The club shall take such action as may be necessary to recover any sum paid on the player’s behalf. The rules or regulations of an Association must provide for disciplinary action to be taken against a player who fails to reimburse his club in accordance with the Football Debt Recovery (Section 14) regulations approved by Council.
 
13.8 A Disciplinary Commission shall comprise members appointed by the Association. The appointed members of such Commissions should have no previous personal knowledge of the events or any involvement with any of the participants concerned.
 
13.9 The decisions of Commissions are final and binding on all parties subject only to a right of appeal to The Football Association under the provisions of Football Association Rules, but limited to offers of punishment in excess of 21 days suspension and a fine of £15. The player and/or the club for which the player was playing at the time may appeal within 14 days of the sending of the decision notification.
 
13.10 The decision of the Association will be sent by first-class post or by e-mail to the secretaries of all clubs for whom the player is known to be currently playing and to the player’s home address if known. Each of these secretaries is responsible for informing the player of the decision.
 
13.11 The commencement date of any suspension imposed on a player is at the discretion of the adludicating Commission, (subjeot to the suspension starting on a Monday). Such date must allow for the 14-day period permitted for an appeal.