Code of Conduct / Disciplinary Procedure

Langleybury Cricket Club (LCC) has adopted the ECB General Conduct Regulations (GCR) for Recreational Cricket.

ECB GCR can be found here

ECB GCR guidance and FAQs can be found here

Purpose:

LCC has adopted the GCR to set consistent standards of conduct and behaviour and provide a set of regulations to be applied for breaches of the standards.

The GCR applies to all individuals who are under the jurisdiction of LCC, including:

• (a) Cricketers;

• (b) Volunteers, officers, employees, contractors, and members;

• (c) Match officials;

• (d) Coaches; and

• (e) Any other person under the jurisdiction of LCC.

Cricketers will be subject to on-field conduct obligations mirroring the Laws of Cricket.

Other participants present at matches (e.g. coaches, officials and representatives of other cricket organisations acting in an official capacity at the match) will be subject to more limited on-field conduct obligations (as is the case in the professional game).

Participants in recreational cricket will be subject to off-field conduct obligations which either relate to their participation in recreational cricket or occur outside their direct participation but are of a sufficiently serious nature to justify disciplinary action being taken in relation to recreational cricket (e.g. discriminatory comments being made on social media).

Langleybury CC expects its members off the field and those using its facilities to behave in the same fashion as is expected of those representing the club on the field. Therefore, the same conditions shall apply to everybody in and around the grounds of Langleybury Cricket Club and/ or representing Langleybury Cricket Club at any other venue.

Any complaints should in the first instance be directed to the Welfare Officer. LCC will appoint a disciplinary officer or a disciplinary panel on a case by case basis, but this will normally be the General Committee. Where the offence is more serious, the Welfare Officer will select a disciplinary panel to consider the matter at a hearing.

LCC may adopt a more streamlined procedure for low-level offences, i.e. on-field offences at Level 1 and Level 2. This will involve a single disciplinary chair considering whether there has been a breach of the Regulations and, if so, what sanctions should be imposed.

In appropriate circumstances, the Chair may direct that the charge be considered by the disciplinary panel on the basis of written submissions only (i.e. without an in-person hearing), although a hearing shall be arranged if requested by the respondent.

For any alleged breaches of the conduct obligations, LCC will follow the disciplinary procedure, sanctions guidelines, penalties and appeals process, including data protection obligations, as set out in the GCR and accompanying appendices. All disciplinary hearings will comply with relevant procedural rules, principles and considerations in order to ensure that there is a fair hearing and consistent administration of justice across the sport.

Under 18s and Adults at Risk:

It should be noted that

When handling proceedings involving an under-18 or an adult at risk who is a witness, alleged victim or alleged offender, the processes that are followed must pay due consideration to safeguarding and welfare issues and associated data protection laws.

Guidance on disciplinary proceedings that involve under-18s can be found below.

Disciplinary proceedings that involve an adult at risk must adhere to the LCC Safeguarding Adults Policy.

It should be noted that reasonable adjustments should be made for anyone with a disability.

On and around the field of play

Any cricketer shall be in breach of these Regulations, at the relevant level of offence detailed below, if they do not conduct themselves fairly and properly on and around the field of play and otherwise in accordance with the Laws of Cricket or the Spirit of Cricket. A cricketer shall be in breach of these Regulations if they commit any misconduct on any match day as specified in Law 42 of the Laws of Cricket, namely:

Level 1

· wilfully mistreating any part of the cricket ground or any equipment or implements used in the match;

· showing dissent at an umpire’s decision by word or action;

· using language that, in the circumstances, is obscene, offensive, or insulting;

· making an obscene gesture;

· appealing excessively;

· advancing towards an umpire in an aggressive manner when appealing; and/or

· any other misconduct, the nature of which is, in the opinion of the on-field umpires and/or the General Committee, equivalent to a Level 1 offence;

· vociferous negativity that impacts on other players’ enjoyment (including the Captain); or

Level 2

· showing serious dissent at an umpire’s decision by word or action;

· making inappropriate and deliberate physical contact with another cricketer;

· throwing the ball at a cricketer, umpire or another person in an inappropriate and dangerous manner;

· using language or gesture to another cricketer, the Captain, umpire, team official or spectator that, in the circumstances, is obscene or of a seriously insulting nature; and/or

· any other misconduct, the nature of which is, in the opinion of the umpires and/or the General Committee, equivalent to a Level 2 offence; or

Level 3

· intimidating an umpire by language or gesture; and/or

· threatening to assault a cricketer or any other person except an umpire;

Level 4

· threatening to assault an umpire;

· making inappropriate and deliberate and/or dangerous physical contact with an umpire;

· physically assaulting a cricketer or any other person; and/or

· committing any other act of violence

Any coach, match official or Club Official shall be in breach of these Regulations if they fail to conduct themselves fairly and properly on any part of the cricket ground on any match day. Conduct which is not fair and proper and will therefore result in a breach of these Regulations shall include, but not be limited to:

· making inappropriate and deliberate and/or dangerous physical contact with, threatening to assault, physically assaulting or committing any act of violence towards any other Participant (including an umpire) or any member of the public;

· showing dissent at an umpire’s decision by language or gesture, advancing towards an umpire in an aggressive manner when appealing or intimidating an umpire by language or gesture;

· using language that, in the circumstances, is obscene, offensive, insulting or seriously insulting;

· making an obscene or seriously insulting gesture;

· conducting themselves in a manner or acting in a manner which is improper, or which may be prejudicial to the interests of cricket, or which may bring the ECB, the game of cricket or any cricketer or group of cricketers into disrepute; and/or

· Acting in a manner contrary to the ECB’s Anti-Discrimination Code.

Captain/Team responsibility

If any cricketer commits three or more breaches of Regulation 4 (Conduct obligations on and around the field of play), which take place during or immediately before or after a match, when playing for the same Club in a season it shall automatically be a separate offence of failing to ensure that the relevant cricketers have complied with their obligations for each of:

· Any person who captained the team in each of the relevant match(es); and

· The Club the cricketer was playing for.

· Clubs shall also be held responsible for disorderly behaviour on any part of the cricket ground on any match day by their members and spectators, unless they can show that:

· they took adequate steps to ensure that their members and spectators behaved in an orderly fashion; and/or

· They did not or could not control entry to that part of the cricket ground by the relevant spectators and it would therefore not be fair for them to be held responsible.

Off-field conduct

A Participant shall be in breach of these Regulations if they commit any misconduct as set out below:

· making an abusive, obscene, offensive or otherwise insulting comment or gesture (in any form) in relation to any other Participant or any other person;

· any act of violence towards another person;

· engaging in behaviour that constitutes any form of abuse or harassment, whether physical, sexual, emotional, neglectful or bullying in nature;

· any breach of the ECB Anti-Discrimination Code;

· making any adverse public statement or comment in any form and by any means about the performance and/or decision(s) of any match official(s);

· failing to report to their Club, any Relevant Criminal Offence for which they have been subject to investigation and/or charged with;

· conducting themselves in a manner, or doing or omitting to do anything which is or may be prejudicial to the best interests of cricket, or which may bring or does bring the game of cricket, any Participant, Club, League, County Cricket Board or the ECB, into disrepute;

· any breach of Law 41; or

· Failing to comply with any decisions or sanctions validly imposed on them following due process as prescribed by these Regulations.

· A Club shall be in breach of these Regulations if, at any time, it:

· fails to take reasonable steps to ensure the good behaviour and conduct of their Participants for any breach of these Regulations; and/or

· knowingly permits a cricketer, who is suspended as a result of a previous breach of these Regulations, to play in any match or competition; and/or

· any of its Participants commit any serious, collective or repeated breaches of these Regulations; and/or

· commits any breach of its obligations under the ECB Anti Discrimination Code; and/or

· Fails to comply with any decision(s) and/or sanction(s) validly imposed on it or on any person within the organisation, which has arisen following due process as prescribed by these Regulations.

LCC Cricket Club Disciplinary Procedure:

All complaints regarding the behaviour of LCC staff, members, volunteers or any other individual under the jurisdiction of LCC and should be lodged in writing with the Welfare Officer. Any such complaint should include a description of the alleged breach including:

· any relevant background information;

· name of witnesses;

· who was involved;

· what the Participant(s) is/ are alleged to have done;

· anything anyone said at the time (including admissions and/ or apologies); and

· any information regarding any relevant evidence and the context of that evidence

The Disciplinary Report Template form provided in the GCR appendix one may be used.

The report should be lodged within 4 weeks of the alleged breach.

The Welfare Officer will contact the General Committee who will nominate a Disciplinary Officer. The Disciplinary Officer may conduct further investigation to ensure that it is not a vexatious complaint and to consider whether there is sufficient information and/ or grounds to charge the relevant Participant, Club or League with a breach of these Regulations, before issuing a charge letter. The charge letter should be responded to within a reasonable timeframe. The Disciplinary Officer will arrange a Disciplinary sub-Committee in accordance with the GCR and follow the disciplinary procedure as laid out.

All parties to a Hearing will have the right to:

• (a) Be accompanied;

• (b) Have the complaint explained;

• (c) See and hear the evidence being presented;

• (d) Present their account of the relevant conduct;

• (e) Represent themselves at the Hearing or arrange for a third party to act on their behalf; and/ or

• (f) Ask for the Hearing to be rearranged and offer reasonable alternative date(s) if they are unable to attend on the date proposed.

Sanctions will be imposed as follows:

The Disciplinary Chair or Disciplinary Sub-Committee shall not be limited to imposing the recommended sanctions and can impose greater or lesser sanctions as appropriate in the circumstances of the particular case.

Upon completion of any ban, Langleybury CC reserves the right to ‘drop’ the offending player to a lower team as further sanction if the offence relates to an incident ‘on the field’.

Whether on the field or off the field, Langleybury CC shall also recover any financial loss arising from any breach, e.g. damage of property. Where applicable, any offending player shall not be selected for any team (including those affiliated to Langleybury CC), and/ or his/ her membership shall be revoked until such loss has been recovered in full.

Proposed Disciplinary sub-Committee membership

• Chairman of the Cricket sub-Committee

• Junior or Youth Manager if applicable

• Club Secretary

The Disciplinary Chair or Disciplinary Sub-Committee shall not be limited to imposing the recommended sanctions and can impose greater or lesser sanctions as appropriate in the circumstances of the particular case.

Upon completion of any ban, Langleybury CC reserves the right to ‘drop’ the offending player to a lower team as further sanction if the offence relates to an incident ‘on the field’.

Whether on the field or off the field, Langleybury CC shall also recover any financial loss arising from any breach, e.g. damage of property. Where applicable, any offending player shall not be selected for any team (including those affiliated to Langleybury CC), and/ or his/ her membership shall be revoked until such loss has been recovered in full.

Proposed Disciplinary sub-Committee membership

· Chairman of the Cricket sub-Committee

· Junior or Youth Manager if applicable

· Club Secretary

The appeals process will be followed where properly applied for.

Disciplinary Proceedings that Involve under-18s

Proceedings where an under-18 is a witness, alleged victim or alleged offender. In all situations where an under-18 is involved in disciplinary matters as a witness, alleged victim, alleged offender or any other way the processes that are followed must pay due consideration to safeguarding and welfare issues. No part of the processes should be oppressive or intimidating for the young person.

As soon as it becomes apparent that the process involves an under-18, the County Safeguarding Officer must be informed.

Any Disciplinary sub-Committee should consider whether they need the child to attend in person and may discuss this with the County Safeguarding Officer.

When making this decision consideration should be given to:

• The age of the child;

• the seriousness of the offence;

• the evidence likely to be given;

• the possible effect on a child.

Parents should be included in any invitation.

The County Safeguarding Officer will ensure that the child is properly supported, and will either act as, or appoint, a suitable ‘Safeguarding Chaperone’ for the investigative/ disciplinary process, in consultation with the child’s parent(s).