County Team Manager ( formally known as County Team Secretary)
Annual and Other General Meetings
Policy Statements
Annex D Financial Policy
Annex E Child & Vulnerable Adult Protection Policy
Title.
The Association Shall Be Called The Staffordshire County Short Mat Bowling Association or SCSMBA herein after referred to as The Association.
The Association shall be affiliated to the English Short Mat Bowling Association hereinafter referred to as the ESMBA.
Aims of the Association
The aims of the association are as follows:
To promote, foster and regulate the Short Mat game in the County of Staffordshire. To ensure the Association and all affiliated clubs strictly adhere to the Equality and Diversity Policy (see appendix 1) when considering applications for new members and the treatment of all existing members.
To conduct, and control all Leagues, County competitions and championships.
To arrange representative matches between the Association and members of affiliated clubs and others (see E.S.M.B.A. directives regarding non-affiliated members).
To act at all times in the best interests of its affiliated clubs and members, encouraging the game to be played in a good sportsmanship like manner and expect all players to behave as adults and if necessary, resolve any disputes arising therein.
Membership
Membership of the Association shall be open to: All club within the geographical borders of Staffordshire whose rules & constitutions have been approved by the Management Committee.
Clubs/Individuals
The minimum number of members required to form an affiliated club shall be six. Clubs of less than six registered members will be known as ‘affiliate designate’ and will be recognised by the SCSMBA but will have no voting rights.
An affiliated club is defined as one that has paid its affiliation subscription and has a minimum of 6 members registered with the SCSMBA.
Any player may become a member of the Association upon payment of their registration fee, but must be a member of a Staffordshire Club for the purposes of administration & voting.
The Association has the right to reject an application for Membership. However the rejected applicant will have access to the grievance / appeals procedures as laid out in section 9.
The Association has the right to suspend, or rescind, membership of a club or individual. The club, or individual, will have access to the grievance / appeals procedures as laid out in section 9
Proposals for honorary or life membership of the Association must be made, in writing, through the County Committee, with justification, and then put to the AGM for approval.
Each player registered with the Association will automatically be affiliated to the ESMBA as a Staffordshire registered player.
Each player registered with Staffordshire may not register with any other County.
Fees and Subscriptions
As described in section 3 a subscription will be payable by each affiliated club. The amount will be set at the previous AGM at an amount aimed to cover the costs of maintaining communication with these clubs.
A registration fee will be levied upon all players who wish to partake in any of the events organised, or arranged via, the Association. This fee will be set at the previous AGM.
ll annual fees will be payable by 7th March following the AGM that set the subscriptions. Failure to pay the appropriate subscriptions on time may be considered by the Association that the club or individual no longer wishes to be members of the Association and so benefits may be withdrawn.
Administration
The SCSMBA shall be structured on a club basis. The secretary shall communicate directly with the clubs nominated contact & forward the minutes of any SCSMBA committee meetings held throughout the year.
The Committee / Council
At the AGM the members of the Association shall elect a Council to manage the affairs of the Association prior to any full committee meeting in accordance with the Constitution, Rules and Policies approved by the membership. (For voting procedures etc see section 7 on General Meetings).
The Committee shall consist of:
There shall be a maximum of 2 delegates per club to serve upon the general meetings, members elected by each club. These committee members will be responsibility of ensuring that all constitutional aspects of the association are carried out in a proper way and to have voting rights As and when it is deemed necessary.
The Council will consist of the management team plus a minimum of 2 delegates from each division With voting rights as necessary. They shall be responsible for dealing with specific matters. These may include checking any notices of motion, Hearing of grievances, Questioning the officers and any other duties as required.
All Committee members shall have one vote at meetings with the exception of the Chairman who will also have a casting vote.
The Committee shall have the power to appoint sub-committees to deal with specific matters should they arise. Appointments to sub-committees shall be at the discretion of the Committee.
Ten voting members of the Committee shall be considered a quorum.
Five members of the council plus a minimum of 2 officers shall be considered a quorum.
In the event of a vacancy arising during a term of office the Committee shall have the authority to co-opt a replacement until the next AGM. With respect to the office of County Team Manager this clause will be superseded by section 5.8.
The Committee shall take collective responsibility for decisions taken or costs incurred. In this respect Committee approval for significant decisions / expenditure must be obtained before the Association is committed.
The Committee or Council shall meet as often as the Association’s business requires.
The Chairperson
The duties of the chairperson shall be to:
The qualification to be the Association chairman shall be that he/she shall be a registered member of the Association and the ESMBA.
The term of office shall be from one general meeting to the next, usually one year The chairman can be re-elected for more than one term of office.
In the event of the chairman being unable to continue either temporarily or permanently, An officer in attendance at a meeting will invite delegates to nominate a stand in who will deputise for the chairman by assuming the duties and responsibilities laid down in Section 5.3. above. As stand in Chairman he / she will, when required, undertake to organise, arrange or supervise any special projects decided upon by the Committee.
The qualification to be the Association stand in Chairman shall be that he/she shall be a registered member of the Association and the ESMBA
The Secretary
The duties of the secretary shall be to:
The qualifications of the secretary shall be that they can demonstrate, at the time of appointment by general meeting, sufficient skills to meet the duties described above.
The term of office shall be from one general meeting to the next, usually one year. The secretary can be re-elected for more than one term of office.
An allowance of a maximum £1.00 per member, shall be paid to the secretary. This payment will be made after the accounts have been ratified by the members at the AGM.
Organise and ensure the smooth running of association competitions. Advertise to the members qualifying dates for national competitions. Organise when requested any other competitions as agreed by the association. Arrange for the county umpire(s) to attend any meetings and be present, if possible, at all competition events. Ensure that any deviation from, or additions to the ESMBA or Staffordshire rules are clearly announced to all competitors prior to the start of a competition. Ensure that the draw for all competitions shall be made in the presence of at least 3 council members.
The Treasurer
The duties of the treasurer shall be to:
The qualifications of the treasurer shall be that they can demonstrate, at the time of appointment by general meeting, sufficient skills to meet the duties described above.
The term of office shall be from one general meeting to the next, usually one year. The treasurer can be re-elected for more than one term of office.
To ensure the accounts have been audited as instructed by the AGM, to have them agreed and signed off by the Committee and published to the members with AGM proposals, agenda and nominations.
A maximum allowance of £0.50 per member shall be paid to the Treasurer. This payment will be made after the accounts have been ratified by the members at the AGM.
Team Manager
The duties of the Team Manager (previously called the county team secretary) shall be to:
A team manager will initially be appointed for a period of one season with the option of a further two seasons, if after this, the majority of county players listed agree, then one season extention can be granted on an annual rolling basis up to a further three years.
In the event that a team manager in unable to complete their term of office then the following sequence will occur. The listed county players will endeavour to select a replacement until the end of the current season when a vote will be held to appoint a replacement. Should it not be possible to appoint a replacement then the association will ask for volunteers, and if more than one, will interview for the position.
Rules & Regulation Officer
The duties of the Rules & Regulation Officer shall be to:
The qualifications of the Rules & Regulation Officer shall be that they are currently registered with Staffordshire and the ESMBA as an umpire.
The Rules & Regulations Officer shall be nominated for the Committee on an annual basis by the Staffordshire registered umpires and ratified by the Annual General Meeting.
Annual and other General Meetings
The Annual general Meeting shall be held during June or July each year.
Whilst all of the meetings are open to all registered bowlers, affiliated clubs shall be entitled to send two delegates with power to vote.
Notices of motions and nominations for Officers and Committee Members for consideration at the Annual General Meeting should be submitted to the County Secretary and received by the first day of June each year. This will include nominations for the appointment of an Independent Reviewer who will audit the following season’s accounts and shall be appointed by the AGM delegates.
Nominees must be in attendance or have a minimum of one proposer in attendance to be eligible for election.
The County Secretary shall issue to all clubs an agenda & any relevant papers at least two weeks prior to the general meeting.
The Committee may call a Special General Meeting at any time. They must also call a Special General Meeting within twenty-eight days of receipt of written request by at least 10 member clubs stating the reason for calling such a meeting. The stated reason shall be the only business discussed at the Special general meeting.
The structure of the Annual General Meeting shall be: The chairman of the closing year shall chair over the first section of the general meeting:
The newly elected chairperson shall chair over the last section of the general meeting i.e. proposals to be considered for the coming year. In the absence of the newly elected chairperson, the retiring chairperson shall chair over the last section of the general meeting.
Conditions of Play
All games shall be played in accordance with the SCSMBA rules which will hold precedence but the LAWS of the English Short Mat Bowling Association shall apply to all games.
Specific competition amendments to facilitate competition organisation shall be decided by the Council and notified to clubs before the date of the competition.
Each club secretary must provide the association secretary with an email address and contact telephone number.
Registration of Players
Each club secretary will prepare annually a list, in alphabetical order of all known players and submitted to the association secretary by the end of August.
Additional players can be added up until the end of February.
Clubs with more than one team in any division will submit, along with the registration, a list of players for each team.
If a club has more than one team in the same division, each team will be classed as a separate club
The players registration fee shall be fixed at the AGM and shall include their registration fee to the ESMBA
Player Transfers. A player may be transferred to another club during the season, provided that the players new club has had clearance from the players original club that all monetary commitments that are due have been paid. The players new club must make the request for the transfer to the association secretary in order to have their approval for the transfer to become effective.
Staring of Players When a club has two teams in different divisions of the league, the club must STAR four players on the registration list. These players can play only for the team in the higher division. If a THIRD team is entered, four MORE players must be STARED, these players can only play for the clubs teams in the TWO HIGHEST divisions. The stared players should be those who would expect to play the most league matches.
League Championships. League positions will be determined by the number of points accrued during the season. The team with the higher number of points will be declared champions of their division. In the event of a tie on points, plus-age will next provide the finishing positions. In the event of a tie on the former scores, then the result on points and chalks in the head-to-head determines the final league position. Promotion and relegation from one division to another will normally be two up and two down however, circumstances may require the council to determine the promotion and relegation issues.
New Clubs. All new clubs who wish to join or rejoin the league will have their mat checked to ascertain its suitability for play, likewise, any existing club who wish to resite their mat will also have their mat tested by a competent person following a request to the association secretary.
Club Changing Venue Part Way Through The Season This will be allowed however the mat position will be checked by a competent person following a request to the association secretary.
League Awards The association will award prize money to the champions and runners up in each division. Award based upon the number of teams in each division, the winners receiving ten Pounds per division team and the runners up, Five Pounds per division team Subject to change at the AGM. Competition winners will receive financial reward based upon the number of entries to a specific competition, determined by the council but based on availability of funds. All Trophies must be returned in a cleaned condition at least four weeks before the presentation evening.
LEAGUE MATCHES
Matches to be played as per fixture list and on the home clubs match night whenever possible. A team failing to turn up on the arranged match night without any prior agreement will forfeit 5 points and one hundred and sixty chalks, subject to ratification by the council if disputed, SEE DISPUTES.
Provided that the home team has a date available and BOTH TEAMS are in agreement, matches may be rearranged. ANY request to rearrange a match, must be made no later than seven days prior to the match date and the association secretary must be informed no later than the date of the match so that the web site can be adjusted.
Any rearranged match date must be played before the final fixture week of their division.
If a club has two teams and more than twenty registered players then the council may refuse the request to cancel a game if other than due to adverse weather conditions.
If a club has three teams and more than 28 registered players then the council may refuse the request to cancel a game if other than adverse weather conditions.
Any team not fulfilling its fixtures will be penalised five points and one hundred and sixty chalks, and also have a five point penalty the following season.
Any dispute to be referred to the council.
League Matches shall be played in pairs, with one point for each game won and one point for the highest match aggregate score.
prior to a match, each team will prepare a list giving the names and pairings of their players, pairings numbered 1 4, this being the order of play. Before the match commences Teams will exchange the lists and both teams keeping a copy of the team sheet and result.
The home team will be responsible for posting the result on the web page.
the match result will be entered on the web page within five days from the completion of the match, failure to do so could result in a fine determined by the council.
Matches to start at 7.30 pm to 7.45 pm and all players must be available for play When required or be scratched. Due to unforeseen circumstances, if a player is not available when called, the captains may, by mutual agreement alter the order of play.
Reserves will be allowed, but any already listed player being replaced by a reserve shall not be allowed to take part in the match.
The skips of the game in progress, or a nominated player from each side shall resolve all shots in dispute, failing this, the two team captains may be called for a final decision.
Only ONE person from each side will be allowed on the mat re rule 7.21 Once a measure is called for, ALL Players must withdraw from the mat until a decision is made.
each game to consist of ten ends
All bowls when bowled must pass the block in the centre of the mat
The mat shall not be moved or brushed after the match has started, but if the mat, due to the nature of the floor moves during the game, it may be moved back to its original position at the completion of the end.
Once a player has played in fifty percent of the total scheduled league matches for their clubs HIGHER division team, they will not be eligible to play for their club in a LOWER division.
A club with more than one team in a division will class each team as a separate team.
Visiting teams will have two trial ends per pair immediately before their game starts.
All rules of play will be as the ESMBA rules with the following exceptions.
If the jack is knocked off the side or the mat then the opposing team will score two points and the end will be finished.
If the jack or a bowl goes the fender the opposing team will score three points and the end will be finished.
League matches will take priority over cup matches.
If a club cannot field a full team they shall be allowed to play the players in attendance but will loose any game(s) not played by a maximum forty chalks with the opposing team claiming the win point for said game.
In the event of a team being unable to fulfil a fixture, due to removal of their playing facilities, a minimum of twenty four hours notice must be given to the opposing club and to the association secretary.
All postponed or adjourned matches must be reported to the association secretary Immediately by email or telephone call.
No player will be allowed to play more than twice against the same club. A team with more than one team in a division to be classed as separate clubs.
The lead bowler will not be allowed to visit the head and the skip shall only be allowed to visit the head once each end. If the skip remains at the head until the opposing skip has delivered their first bowl, then remaining will count as a visit to the head.
No player will be allowed to play in more than one league game on the same night.
In all matches the heavier county weight jacks will be used, these will be supplied by the association and returned or charged for if a team or club retire from the league.
The fender will not be secured to the floor or restrained from the rear but left resting clear of any obstruction or restraint.(This is because a striking shot will have some impact with the fender reduced and help prevent a bowl or jack jumping over the fender causing possible harm).
At the commencement of the match, a toss of a coin will result in the winner choosing Which two of the games they will have the first jack, either games one & two, one & three Etc.. the opponent having the jack at the start of the other two games.
Foot fault. Should a player foot fault, the first occasion will be classed as an error and a warning given to the offending player, subsequent faults will result in the players bowl being removed from the mat by the opposing skip.
Players may switch hands during the match.
For teams in the bottom division only, a player may, on no more than two occasions, ask for a TIME OUT to consult with the captain re advice, each TIME OUT to last no more than sixty seconds.
Ineligible Players An ineligible player is a player who is not registered with SCSMBA or the ESMBA., suspended or banned or has not transferred their membership to another club. The penalty is the game forfeit and the opposing side will be awarded the game point and forty chalks
KNOCK OUT COMPETITIONS
At the semi-final (if played on the same night as the final) and at the final, either grey or black trousers to be worn with, from waist level up, white shirt, coloured polo type top or club colour top to be worn.
All merit and cup competitions will be an open draw made by at least three officers or council members.
Entry to the competitions will be on the basis that an entering club will make its facilities available for any round of the entered competition. A club can ask for dispensation from this rule if they believe they have extenuating circumstances.
Entry fees to be decided at the AGM.
At the draw for the senior and junior cups, the council will determine which teams will play in each competition.
All matches to be played on neutral mats.
Overall aggregate score to determine the winner(s)
If a draw results in the senior and or junior cup, then the last pair shall play one extra end.
No player may play in more than one of their clubs teams.
Once it has become impossible to win then the match will end.
Grievance Procedure
All grievances (complaints) shall be made in writing or email, initially to the secretary who will inform council members as required.
The Council shall appoint a suitable independent body of a maximum of five people within two weeks. This body shall have the principle task of overseeing the resolution of the grievance.
For detailed procedures to be followed please see the E.S.M.B.A. Disciplinary Procedure shown at Annex C and Appeals Procedure shown at Annex D.
Alterations to the Constitution
No alteration or addition to the Constitution and Rules of the Association shall be made unless passed by at least two-thirds of the members present who are entitled to vote at an Annual General meeting or a Special General Meeting called for that purpose.
The Committee is authorised to change policy statements attached to the constitution and shown as an Annex at any time. However, changes must be notified to affiliated clubs.
Dissolution
If the Committee decide on grounds of expense, or otherwise, that it is desirable for the Association to be dissolved it shall call a Special general meeting according to this constitution. The resolution for the dissolution of the Association may be passed at this Special general meeting by a simple majority of those present and entitled to vote. Any assets remaining after satisfaction of any liabilities properly payable shall be distributed equally to all affiliated clubs remaining in the association.
OBJECTIVES
Staffordshire Short Mat Bowls Association is fully committed to the principles of equality of opportunity and takes its responsibility very seriously in ensuring that no one involved in Short Mat bowling whether a member of staff, a volunteer, participant or member receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Additionally, the organisation recognises that we live in a diverse society and will take all necessary steps to ensure that anyone participating in our sport in whatever capacity will be treated fairly and offered the same opportunities regardless of their socio-economic backgrounds.
Staffordshire Short Mat Bowls Association will encourage its affiliated clubs, leagues, county associations, regions, organisations in good standing and any other partner organisations to adopt and demonstrate their commitment to the principles and practice of equality as set out in this Equality and Diversity Policy.
DEFINITIONS
Equality – is about making sure people are treated fairly and given fair chances, it is not about treating everybody the same way.
Diversity – is about recognising, valuing and managing difference and acknowledging that individuals have different needs which can be met in different ways
LEGAL REQUIREMENTS
Staffordshire Short Mat Bowls Association fully recognises its legal obligations, and will abide by the requirements of the Equality Act 2010 and any later amendments to the Act or subsequentequality related legislation that may be relevant.
STATEMENT OF INTENT
Staffordshire Short Mat Bowls Association wishes to act as an example for all its members and affiliated clubs for equality and diversity and will work to influence and promote good practice throughout short mat in Staffordshire.
will ensure that the responsibility and accountability for equality is placed at the most senior levels of the association with the Chairman having overall responsibility and accountability for the effective implementation of this policy, and the committee monitoring the effectiveness through the regular meetings. Staffordshire Short Mat Bowls Association commit also to appointing a member of the committee to lead on Equality and Diversity.
Will include equality and diversity into all aspects of its work with reasonable steps being taken to ensure that all committee members, volunteers, clubs and members etc are committed to this policy.
will ensure that no applicant or member receives less favourable treatment on the grounds of any protected characteristic – see 1.1
will work to ensure that there will be open access to all those who wish to participate in sport and that they are treated fairly.
is committed to ensure that all individuals are able to conduct their short mat related activities free from bullying and harassment and has implemented a policy for dealing with such matters (see Anti Bullying and Harassment Policies).
Is committed to sports equality which is about: Fairness in sport, equality of access, recognising differences and taking steps to meet them.
DISCRIMINATION, HARASSMENT,BULLYING AND VICTIMISATION
Direct Discrimination – occurs when someone is treated less favourably than another person because of a protected characteristic (1.1)
Indirect Discrimination – occurs when there is a condition, rule or practice which applies to everyone but particularly disadvantages people who share a protected characteristic (1.1)
Harassment – engaging in unwanted conduct relating to a relevant protected characteristic (1.1)or unwanted conduct of a sexual nature where the conduct has the purpose or effect of violating the recipient’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipient, or any other individual affected by such conduct. It also includes the right for individuals to raise an issue that they find offensive even if it is not directed at them.
Bullying – the misuse of power or position to criticise persistently or to humiliate and undermine an individual’s confidence.
Victimisation – when someone is treated badly because they have made or supported a complaint/grievance, about discrimination or harassment under the Equality Act 2010, or are suspected of either making or supporting such a complaint/grievance. An individual is not protected from victimisation if they acted maliciously, or made or supported an untrue complaint/grievance.
Staffordshire Short Mat Bowls Association regards discrimination, harassment, bullying or victimisation, as described above, as serious misconduct. All complaints will be taken seriously and appropriate measures including disciplinary action may be brought against any member who unlawfully discriminates against, harasses, bullies or victimises any other person.
IMPLEMENTATION, RESPONSIBILITIES AND COMMUNICATION
Staffordshire Short Mat Bowls Association will:
Make a copy of this policy available to view and download on its website which makes it clear that all individuals have responsibilities to respect, act in accordance with, support and promote the spirit and intentions of this policy.
Ensure that this policy is an integral part of the induction and on-going training for all committee members.
Recognise that it has a duty to make reasonable adjustments for disabled people. It will consider all requests for adjustments and where possible will accommodate reasonable requests and work with disabled members to implement any adjustments that will enable them to participate more fully in short mat related activities.
Ensure that any appointments are appointed fairly and equally and are directed to this policy on the website and will be required to demonstrate their commitment to the principles and practices of this policy.
Strive to achieve the appropriate equality standards as guided by Sport England/UK Sport and the ESMBA.
Ensure that ALL MEMBERS are required to set an appropriate standard of behaviour and lead by example and ensure that those they manage or compete against adhere to this policy and promote the associations aims and objectives with regard to equality and diversity.
Encourage individuals involved in our sport not to discriminate against or harass any other individual in the course of their duties or role.
Make individuals aware that THEY CAN BE HELD PERSONALLY LIABLE as well as Staffordshire short Mat Bowls Association, or instead of, for any act of unlawful discrimination. Individuals who commit serious acts of harassment may be guilty of a criminal offence as well as gross misconduct. There is no limit on compensation for unlawful discrimination.
ACTIONS
Staffordshire Short Mat Bowls Association may take positive action in the form of proportionate measures to encourage or train people from under-represented groups to apply for roles, overcome a perceived disadvantage or meet specific needs based on a protected characteristic (1.1).
Staffordshire Short Mat Bowls Association will produce, maintain and monitor an Equality Action plan to ensure the objectives of this Equality and Diversity Policy are consistently delivered throughout all areas of the association
MONITORING AND EVALUATION
This Policy will remain in force until it is amended, replaced or withdrawn and will be reviewed on an annual basis by the Safeguarding Officer Pete Johnson
GRIEVANCES
To safeguard individual rights under this Equality and Diversity Policy any member who believes that they have suffered inequitable treatment within the scope of this Equality and Diversity Policy may raise the matter through the appropriate procedure (i.e. the club complaints procedure)
An individual raising a grievance will not be penalised for doing so even if it is untrue provided it is made in good faith.
As with all grievance and disciplinary procedures, the final point of appeal relating to this policy is the Staffordshire Short Mat Bowls Association Committee.
This procedure may be activated by the receipt in writing or email of a formal complaint, an allegation of misconduct, a breach of the Rules or Bye-Laws of a League, Club, Team or individual player registered with the English Short Mat Bowling Association.
With the minimum of delay, the or designated official of the Association shall convene a meeting of the a propriate body to undertake a disciplinary hearing. No person involved in the complaint / alleged offence, or with direct connections with the complainant / alleged offender shall sit on this body. Both the complainant and the alleged offender shall be afforded the opportunity to attend the hearing personally and/or submit a written statement. This should be made in writing or email and sent allowing for receipt to be made at least 14 days prior to the case being heard. The notification to the alleged offender should also include a copy of the statement outlining the allegation and stating the time, date and place of the hearing.
Both the complainant and the alleged offender shall be offered the opportunity to submit evidence and call witnesses to support their case or character. The body hearing the case also has the right to call independent witnesses should they consider this appropriate.
Prior to the Hearing, copies of all pertinent documents and signed statements should be supplied to every member of the appointed disciplinary body.
The hearing should proceed as follows:
Members of the disciplinary body to meet in closed session in order to review the main points of the case placed before them, familiarise themselves with the witnesses who are to appear and to determine the order in which these witnesses are called.
Witnesses will be called, usually individually, before the appeals body. They should be informed that they might be subjected to cross-examination and recall members to note down any points considered to be significant.
A short period to be allowed between witnesses in order to allow members to interchange notes and views.
After all witnesses have been heard, any written statements which have been submitted should be read and accepted as evidence.
All evidence given to be reviewed. In order to resolve anomalies, it may be necessary at this point to recall witnesses for further cross-examination.
A verdict reached, preferably by consensus. If consensus cannot be achieved, the verdict to be decided on a majority vote. The major factors which decided the final decision to be agreed and recorded. This record not to be published, but to be held on file together with all the presented written evidence pending further appeal.
All relevant antecedents and precedents should then be considered.
The members of the appeals body should then agree the exact wording of the verdict to be delivered.
Announce the verdict to the complainant and the alleged offender, separately, by reading the statement agreed. Inform the appropriate party of their rights to appeal (see paragraph 6).
Within 14 days after the hearing, confirm verdict in writing, to both the complainant and the alleged offender. Inform the appropriate parties of their rights to appeal.
oth the complainant and the alleged offender shall have the right to appeal. notice of the appeal to be made in writing within 21 days of the hearing.
If the verdict involves a term of suspension, it shall commence 21 days after the hearing unless an appeal has been made. If the appeal shall subsequently fail, the term of the suspension will commence 21 days after the appeal hearing unless a further appeal is made to the next higher level of administration. This guideline may be disregarded in instances where the disciplinary body considers that the seriousness of the offence requires immediate suspension.
A final point of guidance to all members sitting on disciplinary bodies. As far as possible, it is intended that they should employ what is commonly known as “Natural Justice”. That assumes that any person is innocent until guilt is proved beyond a reasonable doubt is established. Therefore the benefit of any doubt must always be given to the alleged offender
This procedure may be activated by an appeal made against disciplinary action taken at a lower level or by the disciplinary committee of the E.S.M.B.A. In all cases the relevant documents pertaining to the original hearing shall be retained and made available to the appeals body.
With a minimum of delay, the General Secretary or designated official of the Association shall convene a meeting of the appropriate body to undertake an appeal hearing. No person involved in hearing the complaint/alleged offence or with direct connections with the complainant/alleged offender shall sit on this body. Both the complainant and the alleged offender shall be afforded the opportunity to attend the appeal hearing personally and/or submit a written statement. This should be made in writing, sent by mail and allow for receipt to be made at least 14 days prior to the appeal being heard. A representative of the disciplinary body who made the judgement at the lower level or from the disciplinary committee of the E.S.M.B.A. may be afforded the opportunity to attend and/ or submit a written statement.
Both the complainant and the alleged offender shall be offered the opportunity to submit evidence and call witnesses to support their case or character. The body hearing the case also has the right to call independent witnesses should they consider this appropriate. In the case of an appeal, new witnesses may be called upon or fresh evidence submitted at any point in the chain of the appeal.
Prior to the hearing, copies of all pertinent documents and signed statement should be supplied to every member of the appointed appeals body.
The hearing shall proceed as follows:
Members of the appeals body to meet in closed session in order to review the main points of the case placed before them, familiarise themselves with the witnesses who are to appear and to determine the order in which these witnesses are to be called.
Witnesses will be called, usually individually, before the appeals body. They should be informed that they might be subject to cross-examination and recall members to note down any points considered to be significant.
A short period to be allowed between witnesses in order to allow members to interchange notes and views.
After all witnesses have been heard, any written statements which have been submitted should be read and accepted as evidence.
All evidence given to be reviewed. In order to resolve anomalies, it may be necessary at this point to recall witnesses for further cross-examination.
A verdict reached preferably by consensus. If consensus cannot be achieved, the verdict to be decided on a majority vote. The major factors which decided the final decision to be agreed and recorded. This record not to be published, but to be held on file together with all the presented written evidence pending further appeal.
All relevant antecedents and precedents should then be considered.
The members of the appeals body should then agree the exact wording of the verdict to be delivered.
Announce the verdict to the complainant and the alleged offender, separately, by reading the statement agreed. Inform the appropriate party of their rights to appeal to a higher authority.
Within 14 days after the hearing, confirm verdict in writing, sent by Recorded Delivery, to both the complainant and the alleged offender. Inform the appropriate parties of their rights to appeal to a higher authority.
Both the complainant and the alleged offenders shall have the right to appeal. However, only one appeal may be made to the governing body and their decision shall be final. Notice of the appeal to be made in writing within 21 days after the appeal hearing, unless a further appeal is made to the next higher level of administration.
If the original verdict involved a term of suspension and the appeal subsequently fails, the term of suspension will commence 21 days after the appeal hearing, unless a further appeal is made to the next higher level of administration.
Appeals against any decision reached by a disciplinary body must not be heard before any member of that body. Appeals can only be considered by the next level of administration up from the level at which the original decision was made:
e.g.
Decision at Team level – appeal to County Association
Decision at County Association level – appeal to E.S.M.B.A.>/p>
The Staffordshire County Short Mat Bowling Association (SCSMBA) will in all cases refer to the English Short Mat Bowling Association (ESMBA) policies and guidelines whenever the need arises. Copies available from www.esmba.co.uk Members without internet access can request copies of the latest documentation via the Secretary.
The SCSMBA will endeavour to appoint a Child Protection Officer (CPO) who will be separate and independent from the SCSMBA Management team. Anyone wishing to apply for the post of CPO please contact the chairman in the first instance.