By-Laws
Updated: September 2021
SMCA PROTESTS AND DISPUTES BY-LAWS
62. Protests and disputes
a. The Protests, Disputes and Appeals Board (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,
vi. This item removed at General Meeting 3rd May 2016.
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 is not permitted to enter the playing field, during the scheduled hours of play of any SMCA fixtured match.