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DISCIPLINE |
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Procedures
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MEMORANDUM
OF PROCEDURES
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FOR DEALING WITH MISCONDUCT OCCURRING BEFORE,
DURING OR AFTER MATCHES AND COMMITTED BY PLAYERS OF CLUBS DEALT WITH
BY COUNTY AND OTHER AFFILIATED ASSOCIATIONS BUT NOT BY THE FOOTBALL
ASSOCIATION |
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This Memorandum cites procedures as
they apply exclusively to Participants who are acting as Flayers
when reported. For offered Standard Punishments, accepted
allegations or for Personal Hearings found proved, the outcome will
normally entail a Fine and a total or conditional suspension from
playing. |
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Save for serious or repeated proved
misconduct, Participants offending in a capacity other than as
Players in a match should not be suspended but be subject to any of
a reprimand, a warning as to future conduct, a written undertaking
not to repeat, a touch-line ban for a period of time, and a Fine
(active or suspended for a given period), together with costs in
proved guilty cases |
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PART 1 |
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| 1. |
Definitions |
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| 1.1 |
In this Memorandum the words
“the Association” refer to the appropriate County or other
Affiliated Association, and the words ‘the Association
secretary” mean and include any person nominated to discharge a
part of the disciplinary administration of the Association as well
as its actual secretary. |
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| 1.2 |
Wherever gender is referred
to in this Memorandum, either shall be inferred, as relevant. |
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| 1.3 |
All written communications
from a player to the Association secretary must be sent by the
secretary of the player’s club unless the player is no longer
registered with the club, |
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| 1.4 |
Every Association must set out in its rules or regulations a copy of
these procedures, which are to be followed after a player has been
cautioned or dismissed from the Field of Play while playing in a
match for a club or a particular team of a club not dealt with by
The Football Association. |
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| 1.5(a) |
A “child” means a person who at the date of the relevant match
was under the statutory school leaving age and throughout these
regulations full-time education refers to a child who is of
compulsory school age or who is over the school leaving age but is
under the age of 18 and is for the time being attending a school or
in full1ime education in an establishment of further education. |
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| 1.5(b) |
Financial penalties for misconduct must not be imposed on a child
(Sections 5.2, 6.3 & 7.2 and 13.3). Where a Standard Punishment
or Commission decision includes any financial element then the
player’s club is liable for the sum imposed. |
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| 1.6 |
Wherever written” or “letter” is referred to in this
Memorandum this is deemed to include communication by fax ore-mail.
Where an Association chooses to communicate by fax ore- mail it must
take all reasonable steps to ensure that the address or fax number
used is current. |
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| 1.7 |
This Memorandum supersedes all previous versions and is effective
from 1st July 2004 until further notice. |
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| 1.8 |
The term suspension” in this Memorandum means suspension is from
playing football ONLY and any other sanction required for the period
of suspension must be specified in the decision letter forwarded to
the Participants. |
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| 1.9 |
Permanent Suspension means no review to be considered under a period
of 10 years. |
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| 2. |
Timing |
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Disciplinary procedures shall commence
no later than 90 days, and the outcome determined no later than 180
days from receipt of the report of alleged misconduct, or otherwise
be void, If deemed reasonable, any period of delay requested or
caused by t e Participant will not count towards the 90/180 days.
The Association must use due diligence to charge and/or finalise
cases within that period of time and must conform with the
requirements set out in Part I of this Memorandum, subject to the
effects of the adoption by the Association of any of the alternative
and optional powers set out in Part II. |
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| 3. |
Administrative Procedures -
Upgrading/Downgrading of Match Officials reports |
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Where the referee’s report shows
that the player should have been only cautioned and not dismissed
from the Field of Play, the Association may substitute and record a
caution, The referee must be notified of the reasons for doing so.
An Association may reserve the right not to process a caution if the
report is deemed to be invalid for any reason. |
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| 4. |
General |
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| 4.1 |
Without prejudice to the
foregoing provisions of Part I of this Memorandum, an Association
shall have the power to delegate to The Football Association or to
another Affiliated Association its powers and duties to investigate
and/or adjudicate in cases where it may be advantageous so to do. |
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| 4.2 |
If a referee omits to show
the appropriate card when taking action against a player, this does
not nullify the caution or sending-off offence. However, the
attention of the referee should be drawn to the correct procedure. |
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| 4.3 |
A Participant consents to
abide by the Laws of the Game, the Rules and Regulations of The
Football Association or an affiliated Association and to reasonable
proportionate disciplinary action when playing the game. The issue
of a caution is a decision based on a question of fact on the Field
of Play upon which the Referee’s decision is final, The recording
of the caution and the consequences that flow are both reasonable
and proportionate. Cautions not being the subject of appeal do not
breach the Human Rights Act 1998. |
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| 4.4 |
Recommended punishments are to be used in Sections (5 and 6) below
when offering a punishment and as a guide only when dealing with
cases under Section 7. When a player is dealt with by a Disciplinary
Commission cases must be dealt with on their merits and a punishment
awarded consistent with the overall nature and effect of the
offence(s); also the player’s record of misconduct over the
current and previous five seasons. |
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| 4.5 |
Associations may, at their discretion, offer suspension periods that
are split to avoid suspending players over the summer months. The
start and end dates of time period where players will not be
suspended will be determined by the Association. However the start
date for the period must fall on a Monday and the end date for the
period must be a Sunday. This clause shall not apply to sine die
suspensions. |
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