Cheshire Cricket League Handbook 2018
has been given adequate notice of the alleged breach and of the time and location of the hearing, they may allow the hearing to proceed if the reported person fails to attend.However, it may not be justifiable to proceed if the time or location fixed for the hearing is such that the person cannot reasonably be expected to attend. Within the Model Discipline Regulations it states that “at least seven days’ notice in writing of the hearing and of the offence(s) alleged shall be given to the player, or in the case of a club, its Secretary”. 2. The rule against bias A person adjudicating on a dispute must have no pecuniary or proprietary interest in the outcome of the proceedings and must not reasonably be suspected, or show a real likelihood, of bias. The rule against bias also provides that a party should not normally be judged by his accuser. Conduct of Hearing Within these Guidelines words importing the singular shall include the plural and vice versa, and those importing the male shall include the female, and vice versa. 1. A complaint is received by either the Chairman of the League or the Chairman of the League Disciplinary Committee who decides to refer the matter to a Disciplinary Hearing. 2. The Hearing is conducted by a minimum of three and a maximum of five persons (the Panel) appointed by either the Chairman of the League or the Chairman of the League Disciplinary Committee. No-one connected with the individual or the club, or their opponents, or a club which might directly benefit from any disciplinary action (e.g. by the deduction of points), should be a member of the Panel. 3. The accused person/club should be notified of the offence(s) alleged against him/ them and the time and location of the hearing. The notification should be in writing, include all relevant documentation and give at least seven days’ notice. 4. The accused person is entitled to be supported by a colleague. There is no right to legal representation but the Panel would normally permit the accused person to be legally represented. However, the attendance or otherwise of the legal representative should not be used as a ‘delaying tactic’. In the case of a minor it is recommended that he should be supported by the County Board/League Child Welfare Officer or other appropriate adult. 5. If the complaint has been made by the umpires, they should be available to give evidence at the hearing. 6. Witnesses should not be present in the room at the outset but should be called in individually to give their evidence at the appropriate time. (Ideally, a separate waiting area should be provided for each party). It is recommended that in the case of a minor attending to give evidence on behalf of either party he should be supported by an appropriate adult. 7. The Chairman should open the hearing and introduce all the parties. He should then briefly outline the procedure to be followed, specifying the standard of proof to be adopted. 8. The charges against the accused person/club should be specified. 9. Witnesses should be called individually and asked to give their evidence. The Panel may question the witnesses. The accused person (or 121
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