English Subbuteo Association

Disciplinary Policy

esalogohighres-1

Disciplinary Policy

1. Sanctions in case of incidents

a) Rules of Construction

o The provisions of these regulations apply to ESA, Players, Clubs and competition organizers in the conduct of any activity related to table football.

o Any case not provided for in, but related to, these regulations shall be referred to the Council, which

shall issue a final, binding and conclusive ruling on the case.

 

b) Organisation and Responsibilities

1. The ESA Disciplinary Council

1-1. The management of disciplinary matters within ESA is entrusted to the ESA board who will appoint a Discipline Council.

1-2. The ESA may appoint from within the ESA board a Discipline Council which is composed of three disciplinary judges, who will be agents of ESA when exercising their official duties. One of these three should be either the ESA Chairman, Treasurer or General/Fixtures Secretary.

Once appointed, these Judges will appoint a Council Chairman among themselves

1-3. The Chairman is responsible for the coordination of the activities of the Council and for the handling of all claims and correspondence addressed to the Council. He may delegate this latter responsibility to another member of the Council.

1-4. The Council is responsible for the enforcement of the ESA disciplinary regulation and to impose

disciplinary sanctions.

1-5. When the Council has to make a decision related to breaches of discipline, it will first of all attempt to reach a consensus of all its members. Should the Chairman consider, after a reasonable period of discussions, that a consensus cannot be achieved, he will call for a vote of the Judges, and the decision will be taken by a simple majority of the votes cast. In case of equality of the votes cast, the Chairman will have the casting vote. The deliberations and votes of the Council will be secret.

1-6. During the discussions leading to a decision related to §§ 5 above, the Council may conduct hearings of the parties and witnesses, and consult with competition organisers, National Association and Club

representatives, independent experts and Board members.

1-7. Decisions of the Council do not have to be made within the frame of formal meetings, and may be achieved through any reasonable method, including but not limited to informal meetings and e-mail or telephone exchanges. The Chairman will use his best endeavours to involve equally all Council members in the discussions leading to such decisions.

 

2. Specific Obligations of Council Members

2-1. The members of the Council, as well as the members of the Board, who are sanctioned for disciplinary

reasons according to these Disciplinary Regulations, will be punished exemplarily with the greatest sanction that applies to the specific infraction.

2-2. Members of the Council may not accept from any person instructions, orders, gifts or bribes of any kind that could be related to the exercise of their official duties as Judges. If a member of the Council becomes aware that another Council member has accepted such instructions, orders, gifts or bribes, he will inform the Chairman and/or the ESA Chairman as soon as possible.

2-3. Members of the Council have to inform the other Council members if they are themselves parties in a

proceeding before the Council (either plaintiff or defendant), are related in the first degree (husband, wife,

recognised partner, father, mother, son, daughter, brother or sister) to a party in such a proceeding, or are

affiliated in another way with a party in such a proceeding (such as holding a management function in a Club that is a party to such a proceeding).

2-4. Members of the Council have to perform their official duties as Judges with utmost impartiality, fairness, and without any discrimination on the grounds of citizenship, gender, age, marital status, employment, education, race, religion, or sexual or political orientation.

 

c) Disciplinary Sanctions

4. Disciplinary Sanctions against Players and Clubs

4-1. In accordance with Article 23 of the ESA Statutes, ESA Clubs and Players who are judged by the

Council to have breached the present disciplinary regulations, will be sentenced by the Council, according to the extent of their actions, to one ore more of the sanctions below (sanctions may be combined or added one to another as decided by the Council):

  • · Official warning;
  • · Fine;
  • · Deduction of a number of ESA ranking points;
  • · Deduction of part or all of the ESA ranking points gained in a specific tournament;
  • · Disqualification from a specific match;
  • · Disqualification from a specific competition;
  • · Disqualification from a specific competition for a specified period up to one (1) calendar year;
  • · Suspension from participation in defined ESA competitions for a specified period up to one (1) calendar year;
  • · Suspension from participation in all ESA competitions for a specified period up to one (1)

calendar year;

  • · Exclusion from ESA.

4-2. Players suspended by the Council may, during their suspension period, play only an administrative role for their Clubs, unless this right has also been removed by the Council (in extremely rare occasions).

 

5. The Official Warning

5-1. An official warning is a letter written by the Chairman to a defendant who has been Judged by the Council guilty of a breach of these disciplinary regulations. The Council may decide that this letter will also be sent to other parties such as the defendant’s Club or the Board.

5-2. The Council will keep a register of all official warnings.

 

6. The Fine

6-1. A disciplinary fine is a pecuniary obligation of a defendant who has been Judged by the Council guilty of a breach of these disciplinary regulations and sentenced to pay a fixed amount of money. Fines will be defined by the Council in multiples of  £5.

6-2. A Player or Club sentenced to a fine will be automatically suspended from participating in any ESA competition until this fine is fully paid, unless the Council decides otherwise.

 

7. The Disqualification

7-1. The disqualification of a defendant who has been Judged guilty of a breach of these disciplinary regulations results in the defendant automatically losing the match and/or competition(s) from which he is disqualified.

7-2. If the disqualification is for one match, the defendant will lose the match with a minimum of 0-3 for an

individual match, and of 0-4 for a team match. If the match was ongoing at the time of disqualification and had a more detrimental result against the defendant, such higher score will be kept.

7-3. If the disqualification is for one or more competitions, the defendant will lose all matches of that

competition with a minimum of 0-3 for an individual match, and of 0-4 for a team match. If a match of the

defendant was ongoing at the time of disqualification and had a more detrimental result against the defendant, such higher score will be kept.

7-4. The disqualification of a defendant may be decided by the Council or, by delegation, by a competition

organiser and/or head referee. The disqualification is the only disciplinary sanction that the Council may allow a delegate to decide on. In that case, the delegate may only sentence the defendant to a disqualification for the match(es) and/or competition for which he is organiser and/or head referee.

7-5. When a defendant is sentenced to disqualification by a delegate of the Council, that delegate or a third party may in addition file a claim to the Council for the same facts. Should this be the case, the Council may decide to sentence the defendant to an additional sentence.

7-6. The decision of a delegate of the Council to disqualify a defendant for a match and/or a competition is final, and may not be appealed or modified. The Council or ESA will not hold any liability, monetary or otherwise, towards the defendant for that disqualification.

 

8. The Suspension

8-1. A suspension is an interdiction of a defendant who has been Judged by the Council guilty of a breach of these disciplinary regulations to play some or all future ESA competitions for a defined period of time of up to one (1) year.

8-2. A suspended defendant will loose all the benefits of ESA affiliation for the duration of the suspension as defined in the sanction, while still retaining all his ESA obligations.

8-3. The suspension of a Club will automatically imply the suspension of all Players affiliated with that Club.

 

9. The Exclusion

9-1. The exclusion of a defendant who has been Judged by the Council guilty of a breach of these disciplinary regulations is a revocation of the membership and/or affiliation with ESA for that defendant. The exclusion implies the indefinite suspension from all ESA competition.

9-2. When the Council decides to exclude a Player or Club from ESA, this exclusion will only become

effective when ratified by the Board.

9-3. Even after it has been excluded from ESA, a Club, Player, its successors and

assignees, shall remain liable for any obligation, monetary or otherwise, incurred when it was an ESA Member or associated with ESA.

9-4. ESA will have no liability whatsoever, monetary or otherwise, towards an excluded defendant, unless these liabilities were incurred prior to the exclusion.

 

101. Sentencing Guidelines

10-1. The Council will publish sentencing guidelines, where it will present, for a number of types of breach of these disciplinary regulations, the associated sentences. These sentencing guidelines will be used by the Council and its delegates in further sentencing, without the Council being thereby bound to these guidelines. SEE APPENDIX

10-2. The Council will update these sentencing guidelines on a regular basis.

10-3. The sentencing guidelines are additional to, and do not replace, the provisions of these regulations.

 

d) Substantive Disciplinary Regulations

11. General Duties and Obligations

11-1. Obligation of ethical behaviour: The Players and Clubs to which the present regulations apply have to maintain a behaviour consistent with the athletic standards of fairness and morals, in all their actions, during the sport, as well as during their financial or social actions having to do with ESA.

11-2. Obligation to produce documents: All ESA Players and Clubs are obliged to provide the Council with any information in their possession that the Council requests them to provide during the course of disciplinary proceedings. In case of failure to comply, the Council may decide that he or she will be punished with a fine. .

11-3. Obligation to testify: If an ESA Player or a Club is called as a witness in disciplinary proceedings by the Council and denies to testify, the Council may decide that he will be punished with a fine.

11-4. Obligation to maintain the secrecy of proceedings: The ESA Players and Clubs who are taking part in disciplinary proceedings are forbidden to make any public declarations related to these proceedings or to make public comments related to other parties to, or persons involved in, such proceedings. They are also forbidden to supply to anyone information regarding disciplinary proceedings that are not yet finalized. In case of failure to comply, the Council may decide that the transgressor will be punished with a fine.

11-5. Obligation to refrain from inciting violence: ESA Players and Clubs may not publicly make declarations, indirectly or directly, which could, in the opinion of the Council, incite others to use any type of violence. In case of failure to comply, the Council may decide that the transgressor will be punished with a suspension from participating in any ESA Tournament. The Council may also decide to propose to the Board the exclusion from ESA.

11-6. Obligation of truthful and complete answers: ESA Players and Clubs are obliged to send to the Council, full, correct and honest answers to every question addressed to them. In case of failure to comply, the Council may decide that the transgressor will be punished with a fine. In addition, the Council may decide that the transgressor will be punished with a suspension from defined ESA events.

 

12. General Obligations of Players and Clubs

 

12-1. Obligation to refrain from unduly influencing a match result: The Club, team or Player whose actions lead to the abnormal conduction of a match will be sanctioned by the competition head referee or, in his absence, by the competition organiser with immediate disqualification of the specific match. The sanction of immediate disqualification can be given to both Players of a match when they both have the same responsibility for the above.

12-2. When there are facts that cannot be technically proved during a match, the Council may examine and judge if the result or the conduction of a match in general was normal. In that case, the Council may disqualify one or both the opponents, or order repeat of the match or the conduction of it (if it was not conducted).

12-3. Liability of Club representatives: The Players who are appointed to legally represent their Club are

presumed to be equally liable, until the opposite is proved, for any breach of disciplinary regulations of their Club.

12-4. Liability of team captains: The Player who is the Captain of a Team in a specific game is liable according to the present handbook for any breach of disciplinary regulation by his team. This responsibility for the specific delinquency can be reduced if another specific member of his team is held liable.

 

13. Special Obligations of Clubs

13-1. Clubs may reply directly to ESA or the Council through their official representative, according to the ESA rules.

13-2. Vicarious liability of Clubs: Clubs may be held vicariously liable for the acts of their representatives, and may face equally any consequence in the case of one of their representatives is found in breach of these disciplinary regulations.

13-3. Liability for negligent oversight: The Council may decide of its own initiative to enter Judgement and

sanction on Clubs that negligently fail to make sure that their Players do not breach these disciplinary

regulations.

13-4. Obligation of internal control: A breach of a disciplinary regulation by a Player member of a Club will not automatically lead to the liability of his Club. However, if a Player is sentenced by the Council, his Club has the obligation to sanction him internally.

13-5. Obligation not to employ suspended or disqualified Players: The sanction of disqualification will be given to a Club by the competition head referee or, in his absence, by the competition organiser which uses suspended or disqualified Players during a competition, or Players who in general have no right to play.

 

14. Special Obligations of Players

14-1. Obligation of restraint: Players will show restraint during competitions, whether or not they are presently engaged in a match. In particular, the following will be considered as breached of these disciplinary regulations:

1. Negative criticism or harmful comments about another Player, Club, a referee, the head referee, a

third party, the competition organiser or a Member National Association. Behaviour or declarations

which are capable of leading to acts of violence.

2. Deliberate breach of the present regulations or of the ESA rules of the game, with the intent to

change the normal course of a match.

3. Exaggerated celebration of a win or a goal, that could be considered as an insult of the opponent.

4. Swearing during the match against anyone.

5. Insults against another Player, Club, a referee, the head referee, a third party, the competition

organiser or a Member National Association.

6. Denial of a request to referee or absence during a mandatory refereeing.

7. Threat or attempt to use force against another Player, a referee, the head referee, a third party, or the

competition organiser.

8. Unlawful use of force against another Player, the referee, the head referee, a third party, or the

competition organiser.

9. Damage of the opponents’ or a third party’s equipment.

10. Damage of the equipment used for the competition.

14-2. Players breaching the above obligation will be punished according to the extent of their actions, with one ore more of the following sanctions (sanctions can be combined or added one to another):

  • · For the cases 1 to 6: The delegate of the Council may sentence the offender to Disqualification from

a match or to Disqualification from the competition. In addition, the Council may give the defendant

an Official Warning and/or a fine.

  • · For the cases 7 to 10: The delegate of the Council may sentence the offender to Disqualification

from a match or to Disqualification from the competition. In addition, the Council may sentence the

defendant to any disciplinary sanction.

14-3. For the sentencing of all breaches of the obligation of restraint, provocation or breach of these disciplinary regulations by the victim may be considered as extenuating circumstances.

 

15. Recurring Breaches of Disciplinary Regulations

15-1. The Club or Player, who, after the Council according to the present disciplinary regulations has sentenced him, fails to comply with the sentence and/or breaks the same or any other rule repeatedly, will receive a harder sanction.

15-2. To be considered as recurring breaches, the breaches must have occurred during the last two (2) sports seasons.

 

e) Rules of Procedures of the ESA Disciplinary Council

16. Filing of Claims

16-1. When the ESA, Player or Club becomes aware of a possible breach of these disciplinary regulations, he may file a claim reporting such breach to the Council within thirty (30) calendar days

of the presumed breach. Such claim will be addressed to the Chairman or the person to whom he has given the authority to process claims.

16-2. Claims have to be filed in writing by one named plaintiff against one or more named defendants. The

ESA, Clubs and Players may be plaintiffs or defendants. Such claims will set out in sufficient details the charges against the defendant, and will list as a minimum:

  • · The names and contact details of the plaintiff;
  • · The name of the defendants in sufficient details to allow the Council to identify them;
  • · A description of the facts presumed to be a breach of these disciplinary regulations, including but

not limited to time and place information;

  • · If possible, the mention of the part of the disciplinary regulations that the plaintiff considers have

been breached;

  • · A description of the prejudice caused to the plaintiff by the presumed breach, if any.

Should the initial claim, in the opinion of the Council, not contain sufficient information, the Chairman will

contact the plaintiff in order to collect that information. The plaintiff will be responsible to provide the missing information to the Council.

16-3. Should the Council decide that the plaintiff has not provided sufficient information to allow the Council to render a Judgement, the claim will be dismissed as non admissible. The Chairman will inform in writing the plaintiff as soon as possible of such decision.

16-4. Should the Council decide that the claim is admissible, the Chairman will inform in writing as soon as possible the defendant of the details of the claim and charges against him, and that the defendant may file a written explanatory memorandum in his defence to the Council within thirty (30) calendar days of the date of the Chairman’s message.

 

17. Proceedings before the Council

17-1. For the investigation of the claim, the Council may request the production of other supporting

documentation, such as Match Report, Referee’s Reports, Head Referee’s Report, Report of the Competition Manager and the defendant’s apology letter. Upon receipt of the Council request for the production of such supporting documentation, the document holder has the obligation to provide a copy of the requested document to the Council.

17-2. Proceedings before the Council will be accusatory. Both plaintiff and defendant will be invited to present their case before the Council. This presentation does not have to be made within the frame of formal hearings, and may be achieved through any reasonable method as determined by the Council, including but not limited to informal meetings and e-mail or telephone exchanges.

17-3. Should the Council decide that a preponderance of the available evidence suggests that a breach of the disciplinary regulations did take place, the Chairman will request the defendant to submit an apology letter to the plaintiff and/or any part that has suffered damages from the breach, with a copy to the Chairman. The defendant will have to submit such apology letter in writing within ten (10) days of the Council decision.

 

18. Judgement

18-1. On the basis of the available evidence and on the apology letter of the plaintiff, if any, the Council will render a Judgement, where it will decide that a preponderance of the available evidence suggests that the defendant is:

  • · Guilty of one or more breaches of the disciplinary regulations, and will then sentence the defendant

to one or more disciplinary sanctions; or

  • · Not guilty of a breach of the disciplinary regulations.

Such Judgement will be supported by a reasoned opinion approved by the Council that sets-out the reasons for the Judgement and sentence.

18-2. A defendant may be found guilty of breaches of the disciplinary regulations that were not listed among the charges in the original claim.

18-3. In rendering Judgement, the Council will use as guidelines previous Judgements of the Council and the applicable sentencing guidelines, but will not be bound by such Judgements or guidelines.

18-4. In sentencing the defendant to a disciplinary sanction, the apology letter of the defendant, if any, will be considered as a mitigating circumstance.

18-5. When more than one claim are filed against the same defendant for the same facts, only one Judgement may be rendered against the defendant (no double jeopardy). However:

  • · When additional claims are filed after Judgement has been rendered, that add new facts that the

Council decides to be relevant to the original charges, the Council may decide to reopen the

disciplinary proceeding;

  • · A claim that has been dismissed as non admissible will not preclude the filing of another claim

against the same defendant for the same facts.

18-6. The Chairman will inform in writing as soon as possible the plaintiff and the defendant of the Judgement rendered by the Council and of the related sentence. In addition, the Judgement and sentence will be published as soon as possible on the ESA official website www.ESA.com.

 

19. Execution of Disciplinary Sanctions

19-1. Any disciplinary sanction will become effective and its execution will start on the day following the

publication of the sentence on the ESA official website, unless the Council decides otherwise in the

Judgement.

19-2. The execution of a sentence will be suspended during the duration of the proceedings that follow the

admission by the Council of an appeal from the related Judgement. The period between the start of the execution of the sentence and the suspension of the disciplinary sanction will be deducted from the duration of any new disciplinary sanction imposed by the Judgement in appeal.

19-3. If a sentence cannot be fully executed during a sports season, it will continue during the next sports

season(s).

19-4. If a Player is transferred to another Club and/or National Association, he will normally continue his

sentence, even if for example a whole team to which he is not member anymore had been sanctioned.

 

20. Appeal

20-1. The plaintiff, the defendant or both may, within thirty (30) calendar days of the publication of the

Judgement on the ESA official website, appeal from a Judgement and/or sentence by writing to the Chairman.

20-2. Should the Council decide that the plaintiff, the defendant or both have not provided any additional

evidence that could lead the Council to review its Judgement and/or sentence, the relevant appeal will be

dismissed as non admissible.

20-3. Should the Council decide that an appeal, either by the plaintiff, the defendant or both, is admissible, the Council will suspend the Judgement and the execution of the sentence. The Chairman will inform as soon as possible the plaintiff and the defendant.

20-4. Following the suspension of the initial Judgement, the Council will re-start the proceedings and render a new Judgement.

 

 

APPENDIX

1. Dress code

All individual players shall wear sports clothing such as their club or football shirt, tracksuit, etc. Teams players wear their Club colours. Sports shoes players are also to be worn. The image of the sport to the media and public is vital and adhering to these guidelines will help portray the desired effect and give the sport the respect that it deserves.

Infringement:

The organizer must report this to the ESA Board. The player will be fined a token amount of £1 per offence, or £5 per ‘club’ offence.

The ESA will not be enforcing this rule except at its FISTF events.

 

2. Presentation of equipment

Some players currently use teams in which some figures and bases are different from the rest of the team. This is not acceptable. It does not look professional. Understandably, there will be breakages in a set of figures, but players must do whatever is necessary to ensure that all their figures and bases are the same design and colour. A player has the right to ask their opponent to change teams if this regulation is breached. There is no penalty for abuse of this rule but the referee must enforce it.

Infringement:

The referee must ask the offending player to change his team.

 

3. Refusal to referee

A player leaving the tournament without refereeing in the round following his elimination will be penalized as follows: £5

For a team, the sanction shall be a fine of £10

 

4. Late withdrawal and absences

Players who are not present at the scheduled beginning of any competitions that they have committed themselves to attend and who fail to present a reasonable justification to the organizer of the competition within a reasonable time shall be penalized as follows:

First time: £3 and withdrawal of 20 ESA ranking points;

Second time (same season): £5 and withdrawal of 40 ESA ranking points;

Third time: £10, withdrawal of 100 ESA ranking points and a possible suspension for any ESA event.

Club teams who are not present at the scheduled beginning of any competitions that they have committed

themselves to attend and who fail to present a reasonable justification to the organizer of that competition within a reasonable time shall be penalized as follows:

First time: £10 and withdrawal of 20 ESA ranking points;

Second time (same season): £20 and withdrawal of 40 ESA ranking points;

Third time: £40, withdrawal of 100 ESA ranking points and a possible suspension for any ESA event.

 

NOTE that these sanctions are AS WELL AS any sanctions imposed by FISTF

 

5. Decisions by the ESA Board

The Board must be able to discuss and, if necessary, amend sanctions on an individual case basis.

Share with the Subbuteo WorldShare on FacebookTweet about this on TwitterShare on Google+Pin on PinterestShare on TumblrShare on RedditEmail this to someone