By-Laws

Updated: September 2021

SMCA PROTESTS AND DISPUTES BY-LAWS

62. Protests and disputes

a. The Protest & Disputes Tribunal (hereafter referred to as the P&D) may consist of up to five (5) persons who will make up a sitting board to hear any matters brought before it. Alternate persons may be co-opted to assist this board to carry out its duties if so required.

b. Upon election of the P&D, the Executive shall appoint one member of the P&D as chairperson.

c. The P&D shall be coordinated by an Executive member, who shall:

i. convene all hearings and determinations of the P&D;

ii. at any hearing or determination of the P&D, supply the P&D with any written testimony of any person connected with the hearing or determination;

iii. introduce all parties and other persons present at any P&D hearing or determination, and call witnesses as required;

iv. where possible, assist the P&D by providing it with any information it may request;

v.  deliver all determinations of the P&D promptly to the Administrator; and,

d. The P&D shall be convened by the Executive member referred to in (By-Laws 62.c.i through to and including 62.c.vi) to hear and determine the outcome of all disputes, charges, offences or disciplinary matters arising under the Association Constitution rules or these by-laws.

e. At any P&D hearing, the matter shall be heard and determined by the Board Chairman and one other appointed or co-opted person.

f. In the case of a Protest, the protesting identity will present the case as Complainant and the opposing identity will be the Respondenti

g. In the case of a Protest or Dispute or Code of Conduct matter:

i. a player Respondent may appear at the hearing or be represented by a person other than a legal practitioner or law clerk.

ii. a Club that is a Complainant or a Respondent may be represented by a member of its committee other than a legal practitioner or law clerk

h. The Complainant and the Respondent may call witnesses to support the case. For the avoidance of doubt, the person representing a player or Club may not give evidence: at the hearing they must appear as a witness or a representative of a party, but not both.

i. The Executive may from time to time prescribe the procedure to be followed prior to, during and after a hearing or determination of the P&D. 




j. In making a determination, the P&D may impose such penalties as it believes appropriate in any case that has been referred to it by the Association. Specific limitations are:

i. Fines on individuals may not exceed $100.00 for each offence;

ii. Fines on clubs may not exceed $1000.00 for each offence

k. The nature and type of penalties that the P&D may impose will depend upon each individual case but could include, reprimand, good behaviour

l. Any affiliated person/s of a club or body found guilty of an offence by the P&D, shall pay costs of fifty dollars ($50.00) per person per charge per hearing. Payment of such costs is the responsibility of the member club as per By-Law 69 of these by-laws.

m. The P&D may impose a penalty of not more than $100.00 and/or a six (6) day suspensionupon any person or persons who in dealing with the P&D, deliberately obstructs, misleads, or acts in a manner detrimental to the effective or efficient running of a hearing.

n. A suspended player or official is not permitted to enter the playing field, act or participate as an official in any match day duties during the scheduled hours of play of any SMCA fixtured

o. Where a player receives a suspension, the penalty shall apply to the grade that the player received the penalty in. For example, if a player is suspended in One Day C and that team does not play finals they cannot use other grades that their club may be participating to reduce the date that that player can return to play.