By-Laws

Updated: September 2021

SMCA PROTESTS AND DISPUTES BY-LAWS

67. Appeals tribunal

Any person or club affected by a decision of the Protests, Disputes and Appeals Board shall have the right of appeal back to that Board (other than those referred to in By-Law 69) provided one of the following applies:

a.  Any person or club affected by a decision of the Protests, Disputes and Appeals Board shall have the right of appeal back to that Board provided one of the following applies:

b.  That new evidence can be provided; this specifically precludes evidence that was given at a previous sitting and upon which a club believes not enough weight was placed.

c.  It is the responsibility of the defendants to present a full case when given the opportunity to do so. If new witnesses are to be presented they must show reason why they were not available to present that evidence at the initial hearing.

d.  There has been an incorrect interpretation of the Constitution and its Bylaws.

e.  An appeal against a decision of the Protests, Disputes and Appeals Board shall be lodged in writing with the Association Administrator who shall place such appeal before the Board. In every case of appeal to the Board under these rules, the club or person making such appeal shall deposit with the Association when lodging such appeal, the sum of $100.00, which shall be forfeited to the Association if it be decided by the Protests, Disputes and Appeals Board that such protest, appeal or reference was frivolous, vexatious, groundless or is lost.

f.  Any appeal against a decision of the Protests, Disputes and Appeals Board must be lodged within 24 hours and the appeal, where necessary, be heard before the next playing date.

g.  The executives representative, may make a submission to an appeal or hearing before the board;

i.  before a plea is entered if they wish to make a submission on evidence or

ii.  before final submissions are heard if they wish to make a submission on character

iii. or possible penalties.

h.  The result of any appeal to the Board shall be final.