Disciplinary and Appeal Process
(October 2019)
1. Definition
1.1 The FMBL has the power and jurisdiction to act in relation to all disciplinary matters as advised in their Constitution, Match Rules, Byelaws, Code of Conduct or Dress Code; including holding inquiries, imposing penalties and sanctions, or to take such action as it sees fit.
1.2 A disciplinary action can arise if any rule, breach, failure, refusal or neglect to comply with a provision, a policy, resolution or any determination of the FMBL Management and / or sub-committee.
1.3 Issues / complaints can be raised, subject to a written complaint being submitted to the FMBL Secretary by; and /or against any of the following,
- Affiliated Clubs / Teams / Affiliated Players / Club Officials / Other Participants
1.4 Any club / person must advise the Respondent that an issue / complaint has been raised.
1.5 The FMBL committee, where appropriate, has the authority to also raise charges against any of the above
2. Disciplinary Process
2.1 On notification of an issue / complaint, the Chairman / League Secretary will decide if the issue raised should:
2.1.1. be dealt with informally
2.1.2. proceed formally
2.1.3. be dealt with by another authority, including, but not limited to the Police for criminal matters Any action brought by way of FMBL disciplinary procedures may be suspended until the outcome of any criminal investigation is determined.
2.1.4. in all cases where there is concern about the safety or protection of children, the matter must immediately be referred to the WCGBA Safeguarding Lead Officer. Safeguarding Procedures and Policies, when appropriate, shall take precedence over the disciplinary procedure.
2.2 The Chairman / League Secretary having studied the issue and carried out preliminary investigations will report the matter to the FMBL committee and indicate their recommended action.
3. Formal Proceedings
3.1 On being advised of, and provided with evidence that a breach of FMBL rules has occurred (see 1.2) the FMBL Secretary will write to the relevant Bowling Club Secretary outlining the reason for imposing the disciplinary action together with details of (if appropriate) any sanction.
3.2 The Bowling Club has 7 days to respond to the notification. They have one of two options:
3.2.1. accept the decision of the FMBL committee
3.2.2. appeal the decision of the FMBL committee and request a hearing.
3.3 If no appeal is received within 7 days FMBL will assume that the Bowling Club accept the terms and consequences of the decision
4. Appeal Process
4.1 Appeals / Protests must be made in writing and sent to the League Secretary within 7 days of receiving the original decision
4.2 Any appeal must be accompanied by the appropriate fee (£10) which will be either retained by the FMBL or returned if the appeal is upheld or not taken forward.
4.3 The Complainant(s) must provide the grounds for, and include any evidence in support of their appeal
4.4 Appeals will be acknowledged on receipt by the League Secretary to the Complainant
4.5 The Chairman / League Secretary within 14 days of receiving the appeal will have consulted with the FMBL committee and advise the Complainant of, based on the evidence provided, one of the following outcomes
4.5.1. If the outcome is to uphold the original FMBL decision, the Complainant will be advised of the options available to them.
Accept the decision of the FMBL Committee
Appeal the decision of the FMBL Committee with Flintshire Area Bowling Association (FABA)
4.5.2. if the outcome is to take no further action the case is then closed once the Complainant has been informed.
4.5.3. if the outcome is to progress to hearing, notification will be sent to both Complainant and Respondent (if applicable) and a Disciplinary Panel (DP) will be formed.
4.5.4. if the outcome is to refer the matter to be dealt with under different regulations the Complainant is advised accordingly of the transfer.
4.6 PLEASE NOTE the timeframe may vary if additional information is required from both the Complainant and the Respondent. The Complainant will be advised accordingly.
5. Sanctions
5.1 Sanctions may include, but shall not be limited to:
5.1.1. a written warning; and/or
5.1.2. a fine; and/or
5.1.3. a suspension from any or all other activities under the jurisdiction of FMBL which may include suspension from a specified number of events or for a period of time. Where a period of suspension is imposed on an individual, the FMBL Chairman shall decide the date of commencement of the suspension and shall have power to provide for one or more breaks in the period of suspension; and/or
5.1.4. recommendation for expulsion from the FMBL league; or
5.1.5. any other appropriate sanction which may be levied from time to time.
5.1.6. Where appropriate, details will be forwarded to Flintshire Area Bowling Association and / or WCGBA.
