DISPUTES & APPEALS Marie Atkinson Sports Programme Manger

Likely Scenarios  Officials - Number/Qualification/Neutrality  Eligibility of Players  1st / 2nd Team Players  Travel Problems / Late Arrival  Quality of Facilities

Avoid Match Day Problems  Understand the General Regulations  Train your Captains!  Give Captains copies of the General & Sport Specific Regs.  Play under Protest  Be Strong with your Team!

Playing Under Protest WHEN? Conditions do not adhere to those outlined in the BUSA General Regulations, Sport Specific Regulations or Premier League Contract HOW Complete a Playing Under Protest Form  State ALL Grievance(s)  Both teams MUST sign and can’t refuse

Playing Under Protest ENTITLEMENT Completion of form = Right to appeal after the fixture IF NOT Team has accepted the conditions under which it has been played unless something comes to light later (Reg 10.8 still applies)

After the Match STAGE 1 QUESTION YOURSELF - Grounds for an Appeal? Get your facts straight (facts not emotion!) - Consult the Regs Unsure? - Speak to the BUSA Office OUTCOME  - Be strong with your teams - you are appealing, not them! Your institution’s reputation rests on your decision. - Go to Stage 2

After the Match - Stage 2 STAGE 2 CONTACT YOUR OPPOSITION Call them up and discuss what happened - resolve amicably? OUTCOME Agree to replay/appropriate amended score-line IN WRITING  Can’t reach agreement = Go to Stage 3 - Making an Initial Appeal

Making an Initial Appeal STAGE 3 Put an Initial Appeal in writing to the BUSA Office for consideration:  Typed on Initial Appeal Pro forma and Faxed or ed  Signed by AU to Indicate Support  DEADLINE - 2pm the Day after the Fixture DON’T WASTE THE TIME OF YOUR PEERS!

What Happens Next? 1. BUSA Office Confirms Receipt 2. BUSA Forwards to Opposition for Response within 24hrs 3. BUSA Office Considers all Evidence Received - May ask for more info/clarification 4. BUSA Office Advises Both Parties of the Decision

Decision Making Process The BUSA Office: a) Considers All Evidence & Information Received b) Recognises Precedents Set by Previous Similar Appeals c) May Consult other Bodies/Organisations Eg. SMG/NGB

What Next? Not Happy? - Option of a Full Appeal to Disciplinary Committee... THINGS TO CONSIDER:  Upset or Have a Case?  Spirit of BUSA competition?  Cost of Appeal - £50  Potential of Costs - If Disciplinary find against you  Potential of a Fine - If Disciplinary considers it unworthy DO NOT WASTE THE TIME OF YOUR PEERS, THE VOLUNTEERS OR THE BUSA OFFICE !

How to Make a Full Appeal If you wish to make a Full Appeal:  Fax BUSA Office Letter stating wish to take matter to Full Appeal  Deadline - within 24hrs of notification of appeal decision  Send £50 Cheque immediately Case is referred to Disciplinary Committee

Disciplinary Committee “The Committee shall consider all matters constituting or pertaining to any breach of rules and regulations of the Association and shall be empowered to deal as they think fit with institutions, clubs, officials and players in respect of complaints of misconduct or other matters not otherwise specifically provided for in these rules and regulations”  Chair - Life Vice President or Vice President  Panel - 2 Student Members (Impartial)  Clerk - BUSA Sports Programme Manager

Case Hearing Procedure a) Case Presented by Institution who Lodged the Appeal or by BUSA b) Evidence Questioned by Panel c) Defending Institution Presents Case d) Evidence Questioned by Panel e) Panel Reaches Decision f) Sanctions, Costs & Fines are Awarded As Appropriate

Further Appeal  Not Happy? - Option of a Further Appeal to a panel of representatives from Executive Board  Fax BUSA Office Letter Stating Grounds for Further Appeal  Deadline - within 5 days of notification of Disciplinary’s Decision  Send £200 Cheque  Case is referred to Exec Board VERY RARE - ONLY 2 cases in the History of BUSA

The Stats - Initial Appeals In season there were 83 Initial Appeals:

The Stats - BUSA’s Decisions What does this tell us? Almost 60% of all appeals may not a have been thought through…a regulation had not been contravened! So what decisions did the BUSA office come to:

The Stats - Full Appeals What does this tell us? Only make a Full Appeal if you are certain that a regulation has been contravened. Of the 83 initial appeals - 8 objected to the BUSA Office’s Decision... Disciplinary found that only 2 of these had a valid case!

Example 1 - Good Initial Appeal An institution finds out that a player of their opposition who played in a 1st team hockey match in the morning, played against them in 2nd team match later that day. WHY: Contravened Regulation “individuals may not play for different teams on the same date” OUTCOME: Walkover to appealing institution.

Example 2 - Good Initial Appeal University A arrives at University B to find no qualified umpires to officiate a trophy hockey match. Officials were booked, but cancelled at the last minute - there is written proof of this. 2 non qualified players officiate, played under protest Result 2-1 to University B. WHY: Contravened Reg “Failure to supply correct officials” OUTCOME: Match to be replayed at University A

Example 3 - Bad Full Appeal Following an away Netball fixture University A queries the neutrality of an umpire provided by University B. University B claimed not to know the BUSA Regs. BUSA Office awarded a Replay at University A. University B disputed decision and took the issue to Full Appeal as they felt they should host the replay or it should be at a neutral venue. OUTCOME: Disciplinary Rejected University A’s Appeal. WHY: They had contravened the regs, could not accept it! ACTUAL CASE 03/04 - TIME WASTED FOR ALL CONCERNED???