Tauranga Hockey Association
(Incorporated)
Code of Conduct
and Judicial Process
(i)
Brief Table of Contents
Part A – Code of Conduct............................................................................................................1
Application of the Code of Conduct............................................................................................. 2
Code of Conduct.......................................................................................................................... 4
Improper, Unfair, and Unacceptable Conduct ............................................................................. 5
Part B – Demerit Point System....................................................................................................6
Demerit Points System ................................................................................................................ 7
Part C – Judicial Bodies .............................................................................................................10
Standards Officer ...................................................................................................................... 11
Conduct Committee .................................................................................................................. 13
Appeal Committee .................................................................................................................... 15
Part D – Judicial Process and Procedures ..................................................................................17
Rules and Guidelines for Judicial Committees ........................................................................... 18
Notice of Hearing ...................................................................................................................... 20
Procedure at Committee Hearings ............................................................................................ 22
Part E – Penalties and Sanctions ...............................................................................................24
Levels of Misconduct................................................................................................................. 25
Penalties and Sanctions............................................................................................................. 28
Serving a Sanction or Penalty .................................................................................................... 29
© 2009 Julius Maskell
All Rights Reserved.
This Code of Conduct is licensed for exclusive use by the Tauranga Hockey Association Inc.
No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical,
including photocopying, recording, or any other information storage and retrieval system, without the written
permission of the copyright holder except in accordance with the licensed use.
(ii)
Full Table of Contents
Part A – Code of Conduct............................................................................................................1
Application of the Code of Conduct............................................................................................. 2
A1
Purpose ............................................................................................................................................ 2
A1.1
A2
A2.1
A2.2
A2.3
A3
The purpose of the Code of Conduct ..................................................................................................... 2
Application of the Code of Conduct ................................................................................................. 2
Who the Code of Conduct applies to ..................................................................................................... 2
Where the Code of Conduct applies ...................................................................................................... 2
Personal responsibility ........................................................................................................................... 2
Use of the Code of Conduct ............................................................................................................. 2
A3.1
A3.2
A3.3
Application of the Code of Conduct ....................................................................................................... 2
Using the Code of Conduct .................................................................................................................... 2
Other Codes ........................................................................................................................................... 3
Code of Conduct.......................................................................................................................... 4
A4
The Code of Conduct........................................................................................................................ 4
A4.1
Required standard of conduct ............................................................................................................... 4
Improper, Unfair, and Unacceptable Conduct ............................................................................. 5
A5
Specific behaviour always considered unacceptable....................................................................... 5
A5.1
Unacceptable behaviour ........................................................................................................................ 5
Part B – Demerit Point System....................................................................................................6
Demerit Points System ................................................................................................................ 7
B1
Demerit points apply automatically for all cards issued.................................................................. 7
B1.1
B1.2
B1.3
B1.4
B1.5
B2
When demerit points may not apply automatically ........................................................................ 8
B2.1
B2.2
B2.3
B2.4
B3
Automatic Stand Down .......................................................................................................................... 8
Games not under the Association’s control........................................................................................... 8
Challenging an automatic stand down................................................................................................... 9
Consequences of accumulating 20 or more current demerit points............................................... 9
B4.1
B5
Circumstances in which no demerit points are awarded....................................................................... 8
Cards issued in games not controlled by the Association ...................................................................... 8
Reporting demerit points outside the Local Competition...................................................................... 8
Challenging the award of demerit points............................................................................................... 8
Consequences of accumulating 12 current demerit points in a grade ............................................ 8
B3.1
B3.2
B3.3
B4
The application of demerit points.......................................................................................................... 7
Demerit points for yellow cards............................................................................................................. 7
Additional sanction for receiving a red card .......................................................................................... 7
Accumulation and expiry of demerit points........................................................................................... 7
Umpires decision on type of card and amount of demerit points is final.............................................. 7
Automatic referral to Conduct Committee ............................................................................................ 9
Administration of the demerit points system.................................................................................. 9
B5.1
B5.2
Register of demerit points ..................................................................................................................... 9
Players responsible for their own conduct ............................................................................................ 9
Part C – Judicial Bodies .............................................................................................................10
Standards Officer ...................................................................................................................... 11
C1
The Standards Officer..................................................................................................................... 11
C1.1
C1.2
C1.3
C2
Appointment ........................................................................................................................................ 11
Role of the Standards Officer ............................................................................................................... 11
Powers and Duties of the Standards Officer ........................................................................................ 11
Other powers and duties of the Standards Officer........................................................................ 11
(iii)
C2.1
C2.2
C2.3
C3
Acting on own motion.......................................................................................................................... 11
Keeping the demerit point register...................................................................................................... 11
Guidelines for making quick decisions ................................................................................................. 12
Guidelines for deciding whether or not to form a Conduct Committee ....................................... 12
C3.1
C3.2
C3.3
Judicial committee must be formed when........................................................................................... 12
Judicial committee may be formed when............................................................................................ 12
Factors to consider in deciding to form a judicial committee.............................................................. 12
Conduct Committee .................................................................................................................. 13
C4
The Conduct Committee ................................................................................................................ 13
C4.1
C4.2
C4.3
C4.4
C4.5
C5
Purpose ................................................................................................................................................ 13
Formation of a Conduct Committee .................................................................................................... 13
Size of a Conduct Committee ............................................................................................................... 13
Membership of a Conduct Committee................................................................................................. 13
Powers of a Conduct Committee ......................................................................................................... 13
Business of a Conduct Committee ................................................................................................. 13
C5.1
C5.2
C5.3
Prior to a meeting ................................................................................................................................ 13
At a meeting......................................................................................................................................... 14
Right of appeal ..................................................................................................................................... 14
Appeal Committee .................................................................................................................... 15
C6
The Appeal Committee .................................................................................................................. 15
C6.1
C6.2
C6.3
C6.4
C6.5
C7
Purpose ................................................................................................................................................ 15
Formation of an Appeal Committee..................................................................................................... 15
Size of an Appeal Committee ............................................................................................................... 15
Membership of an Appeal Committee................................................................................................. 15
Powers of an Appeal Committee ......................................................................................................... 15
Business of an Appeal Committee ................................................................................................. 15
C7.1
C7.2
C7.3
Prior to a meeting ................................................................................................................................ 15
At a Meeting......................................................................................................................................... 16
Right of appeal ..................................................................................................................................... 16
Part D – Judicial Process and Procedures ..................................................................................17
Rules and Guidelines for Judicial Committees ........................................................................... 18
D1
D1.1
D1.2
D1.3
D1.4
D1.5
D1.6
D1.7
D1.8
D1.9
D2
D2.1
D2.2
General Judicial Rules ................................................................................................................ 18
Fairness and Natural Justice................................................................................................................. 18
Umpire’s decision is final ..................................................................................................................... 18
Burden of proof.................................................................................................................................... 18
Presenting and responding to evidence............................................................................................... 18
Hearings open to the public................................................................................................................. 18
Attendance........................................................................................................................................... 18
Proceedings not invalidated for Technical Reasons............................................................................. 18
Group hearings..................................................................................................................................... 19
Representative and support people..................................................................................................... 19
Guidelines to determining the facts .......................................................................................... 19
How to establish what happened ........................................................................................................ 19
Factors that are not relevant to what happened................................................................................. 19
Notice of Hearing ...................................................................................................................... 20
D3
D3.1
D3.2
D3.3
D3.4
D4
D4.1
D4.2
The Notice of Hearing ................................................................................................................ 20
What is a Notice of Hearing ................................................................................................................. 20
Form of a Notice of Hearing................................................................................................................. 20
Contents of a Notice of Hearing........................................................................................................... 20
Giving a Notice of Hearing to the people concerned ........................................................................... 20
Receiving a Notice of Hearing.................................................................................................... 20
What to do if you receive a Notice of Hearing..................................................................................... 20
What to do if you cannot be present at the hearing............................................................................ 20
(iv)
D4.3
Guidelines to help you present your case............................................................................................ 21
Procedure at Committee Hearings ............................................................................................ 22
D5
Guide to the procedure ............................................................................................................. 22
D5.1
D5.2
D5.3
D5.4
D5.5
D5.6
D5.7
Prior to the hearing .............................................................................................................................. 22
First part of the hearing –determine the facts (what happened) ........................................................ 22
The First part of the Committee decision – decide what happened.................................................... 22
The Second part of the hearing – a finding of misconduct .................................................................. 23
The second part of the Committee decision – decide the penalty ...................................................... 23
The Second part of the hearing – a finding of misconduct .................................................................. 23
After the hearing .................................................................................................................................. 23
Part E – Penalties and Sanctions ...............................................................................................24
Levels of Misconduct................................................................................................................. 25
E1
Player sanctions and penalties....................................................................................................... 25
E1.1
E1.2
E1.3
E1.4
E2
Level 1 (Misconduct) ...................................................................................................................... 25
E2.1
E2.2
E3
Examples of Level 1 Misconduct .......................................................................................................... 25
Penalties that apply for Level 1 (Misconduct)...................................................................................... 26
Level 2 (Serious misconduct) ......................................................................................................... 26
E3.1
E3.2
E4
Using this section ................................................................................................................................. 25
Starting penalties ................................................................................................................................. 25
Additional Penalties ............................................................................................................................. 25
Other Penalties and Punishments........................................................................................................ 25
Examples of Level 2 Serious Misconduct ............................................................................................. 26
Penalties that apply for Level 2 (Serious misconduct) ......................................................................... 26
Level 3 (Major misconduct)............................................................................................................ 27
E4.1
E4.2
Examples of Level 3 Major misconduct................................................................................................ 27
Penalties that apply for Level 3 (Major misconduct) ........................................................................... 27
Penalties and Sanctions............................................................................................................. 28
E5
Additional sanctions and penalties ................................................................................................ 28
E5.1
E5.2
E5.3
E5.4
E5.5
E5.6
E5.7
E5.8
These penalties apply in addition to those for the levels of misconduct and to non-players ............. 28
Official reprimand or warning .............................................................................................................. 28
Demerit points ..................................................................................................................................... 28
Competition Points .............................................................................................................................. 28
Payment for cost of repairs.................................................................................................................. 28
Trespass................................................................................................................................................ 28
Ban ....................................................................................................................................................... 28
Other Penalties or Sanctions................................................................................................................ 28
Serving a Sanction or Penalty .................................................................................................... 29
E6
How a penalty or sanction applies ................................................................................................. 29
E6.1
E6.2
E6.3
E7
Options for the application of a penalty or sanction ..................................................................... 29
E7.1
E7.2
E7.3
E8
Official reprimand ................................................................................................................................ 29
Suspension automatic stand down ...................................................................................................... 29
Suspension until repair costs paid ....................................................................................................... 29
Overview .............................................................................................................................................. 29
Suspended Sentence ............................................................................................................................ 30
Deferral of Sentence ............................................................................................................................ 30
Failing to observe a sanction or penalty ........................................................................................ 30
E8.1
E8.2
E8.3
E8.4
Playing while suspended ...................................................................................................................... 30
Automatic referral to Conduct Committee .......................................................................................... 30
Additional starting penalty applies ...................................................................................................... 30
Player unaware of an automatic stand down ...................................................................................... 30
1
Part A – Code of Conduct
Overview of Part A
The Code of Conduct apples to all aspects of hockey administered by the Association. It sets out
the standards expected of all involved in the game of hockey and provides a list of the conduct the
Association considers unacceptable.
A
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Application of the Code of Conduct
A1
Purpose
A1.1 The purpose of the Code of Conduct
The purpose of the Code of Conduct is to:
(a) enhance the level of enjoyment for everyone involved in the game of hockey; and
(b) set out the standards of conduct expected from everyone involved in the game of
hockey; and
(c) create awareness of and promote the game of hockey in the community.
A2
Application of the Code of Conduct
A2.1 Who the Code of Conduct applies to
The Code of Conduct applies to everyone:
(a) who is a member of the Association, or a club, school, university, or other institution
affiliated with the Association; and
(b) involved with at a game of hockey at a venue within the Association’s area; and
(c) who is representing the Association in any capacity; and
(d) representing hockey in the community within the Association’s area.
A2.2 Where the Code of Conduct applies
The Code of Conduct applies:
(a) At all Association venues; and
(b) At all venues where a game is held involving a team (or player) affiliated with the
Association; and
(c) At all pre and post match functions (wherever held); and
(d) At any accommodation, medical facility, or other place involved with a game,
tournament, or Association supported event; and
(e) In the community where someone is representing the Association or any body
affiliated with the Association, or the game of hockey.
A2.3 Personal responsibility
All individuals are responsible and accountable for their own behaviour and conduct.
A3
Use of the Code of Conduct
A3.1 Application of the Code of Conduct
The Code of Conduct has been approved by the Association and shall be in force from the
2010 season forward. It will be reviewed at the end of the 2010 season and unless changed
will then be reviewed every 3 years.
A3.2 Using the Code of Conduct
Anyone can make a complaint or report any conduct they think is in breach of the Code of
Conduct. Such behaviour should be brought to the attention of the Standards Officer as soon
as possible.
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A3.3 Other Codes
The Code of Conduct prevails over the Local Competition Rules. Unless specified The Code of
Conduct will not directly apply to games played under a National Code or Conduct or under a
Tournament Code of Conduct.
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Code of Conduct
A4
The Code of Conduct
A4.1 Required standard of conduct
No person may conduct themselves in any manner, or do (or not do) anything which may
prejudice the interests of hockey or which may bring the game of hockey into disrepute. In
addition (without limiting that statement in any way):
All players shall:
•
•
•
•
•
Play to win but play fair.
Play by the rules of the game and participate in a safe manner.
Play for enjoyment and compete in the spirit of the rules.
Act in a sportsman-like manner and respect everyone else involved in the game.
Accept defeat with dignity.
All team officials (coaches, managers, medical staff, etc) shall:
•
•
•
•
•
•
Set a high standard of conduct and behaviour for the team and lead by example.
Insist on fair play and discipline.
Encourage sportsmanship by players and spectators.
Maintain a ‘duty of care’ towards your team and be accountable for the team.
Develop team respect for match officials and everyone else involved in the game.
Create an enjoyable environment in which to play the game.
All match officials (umpires, tournament directors, association officials, etc) shall:
•
•
•
•
•
•
Officiate matches in an impartial and fair manner.
Be consistent, objective and courteous when making decisions.
Know (and keep up to date with any changes to) the Rules of Hockey and the Local
Competition Rules and understand their interpretations thoroughly.
Emphasise the spirit of competition rather than the errors.
Keep all appointments assigned to and accepted by them.
Condemn unsporting and unsafe behaviour and promote respect for everyone involved in
the game.
All spectators shall:
•
•
•
•
•
Appreciate the performance of both teams and everyone involved in the game.
Acknowledge the efforts of and be positive towards match officials, team officials, players,
and other spectators.
Let players play their own game, not your game.
Praise efforts, not results.
Set a good example for the players.
Please report any breach of the Code of Conduct to the Standards Officer.
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Improper, Unfair, and Unacceptable Conduct
A5
Specific behaviour always considered unacceptable
A5.1 Unacceptable behaviour
In addition to the requirements of the Code of Conduct (and without limiting the Code of
Conduct in any way) the following behaviour will always be considered as conduct that is
improper, unfair, and unacceptable:
(a)
Verbal/physical abuse or hostility towards anyone else involved in the game of hockey
or any other member of the public;
(b)
Disputing, protesting and/or reacting in a provocative or disapproving manner in an
inappropriate way toward any decision made by a match official;
(c)
Swearing (spontaneously or otherwise), audible use of abusive or offensive language,
or use of any rude or offensive gestures or hand signals;
(d)
Abuse of hockey equipment or clothing, venue equipment or fixtures and fittings;
(e)
Participate (or benefit from assisting others involved) in sports betting or gambling
activity associated with a game in which you are, have been, or may be, directly
involved in;
(f)
Not complying fully with the Sports Anti Doping Rules or any other requirement of
Drug Free Sport New Zealand
(g)
Bullying or take an unfair advantage of anyone else involved in the game;
(h)
Spit, bleed, or otherwise contaminate or cause a Turf to be potentially infected in an
avoidable manner;
(i)
Any unseemly or unsporting behaviour;
(j)
Arguing with match officials or losing your temper;
(k)
Display any behaviour, which may bring disrepute to the sport of hockey or the
Association;
(l)
Behaving in an unsafe manner or conduct that in any way endangers or is likely to
endanger any other person or people involved with a game of hockey;
(m) Use of the Code of Conduct in an improper manner;
(n)
Failing to identify a player or person involved in an incident being investigated by a
committee.
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Part B – Demerit Point System
Overview of Part B
The Association has a demerit points system that operates in addition to penalty applied by the
issue of a card or cards during a game of hockey.
The demerit point system applies to all games played in the local competition.
Players that compete in National tournaments (or games played under another code) do not take
any of their local competition demerit points with them. Demerit points accumulated during such
games should be reported back to the Association at the end of the tournament.
B
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Demerit Points System
B1
Demerit points apply automatically for all cards issued
B1.1 The application of demerit points
Demerit points apply to an individual to whom the Code of Conduct applies for cards issued
as follows:
Green card:
1 demerit points
Yellow card:
3 to 6 demerit points – default 4 demerit points (see B1.2)
Red card:
12 demerit points (automatic penalties apply – see B1.3)
B1.2 Demerit points for yellow cards
In all local competition games an individual who receives a yellow card receives 4 demerit
points. However, in Division 1 (and higher grades) the umpire may specify on the match card
that that player may receive 3, 4, 5, or 6 demerit points for that yellow card.
Note for guidance only - An example of where 3 demerit points should be awarded is where a
player receives a yellow card for swearing when the swearing was of a low level and not directed
at anyone else involved with the game. In the same way 6 demerit points should be issued for
particularly unpleasant conduct. It is anticipated that 4 demerit points is appropriate for the
majority of conduct for which a yellow card will be issued.
B1.3 Additional sanction for receiving a red card
Any individual who receives a red card shall in addition to receiving 12 demerit points (and
incurring an automatic stand down for accumulating 12 demerit points) will automatically
also have the incident that gave rise to the red card referred to a Conduct Committee.
B1.4 Accumulation and expiry of demerit points
Demerit points accumulate on issue of the card. All demerit points expire at the end of the
season in which they are accumulated. Any automatic stand-down (or other penalty) that
was not served does not expire and is carried over to the next season.
Note for guidance only – A conduct committee may specify that demerit points are carried over to
a following season.
B1.5 Umpires decision on type of card and amount of demerit points is final
Subject to rule B2.4 the umpire’s decision on what type of card to issue is final upon issue of
the card, and cannot be changed later. The amount of demerit points that apply to a card is
final once the match card and umpires report have been submitted.
Note for Guidance only: This does not prevent anyone who thinks there has been a breach of the
Code of Conduct (where no card or a lesser card was issued) reporting the conduct to the
Standards Officer.
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B2
When demerit points may not apply automatically
B2.1 Circumstances in which no demerit points are awarded
No demerit points attach to cards not awarded to an individual. eg cards awarded to more
than one player, or a team, or for team officials, or in respect of spectators.
B2.2 Cards issued in games not controlled by the Association
All demerit points (or cards) accumulated under the national code, or any other code (eg a
tournament code), or by any other Association are to be reported back to the Association at
the completion of the Tournament. The Standards Officer shall review all such demerit
points (and cards) and may call a Conduct Committee hearing if the Standards Officer
considers it is appropriate.
Note for guidance only – These demerit points are not automatically added to a players total. A
player may have different demerit points for different grades. The Standards Officer should take
into account the players total number of demerit points (over all grades) when determining
whether it is appropriate to call a Conduct Committee meeting.
B2.3 Reporting demerit points outside the Local Competition
Team officials (or in their absence, the team captain or participant concerned) at all non
association controlled games must record and report to the Association, in a timely manner,
all cards and demerit points awarded and any penalties/suspensions imposed upon any
team member during New Zealand Hockey Federation and other host association controlled
games.
B2.4 Challenging the award of demerit points
Notwithstanding B1.5 any individual may challenge the award of demerit points attached to
a card by application to the Standards Officer within 48 hours of the completion of a game.
The Standards Officer is not obliged to call a Conduct Committee to consider any such
request unless it is endorsed by the individual’s club, or the team’s captain, or a team
official. No fee is payable for this type of application.
B3
Consequences of accumulating 12 current demerit points in a grade
B3.1 Automatic Stand Down
Any individual who accumulates 12 current demerit points will incur a 1 match automatic
stand down. This automatic stand down shall apply to the next game at the grade in which
12 demerit points were accrued.
B3.2 Games not under the Association’s control
If an individual serves a penalty for a game not under the control of this Code of Conduct,
the penalty served will be taken into account if the player faces a Conduct Committee
hearing at the home Association level as a result of reporting the points or cards in
accordance with B2.1 or B2.3.
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B3.3 Challenging an automatic stand down
Any individual may request to defer or challenge an automatic stand down by application to
the Standards Officer within 48 hours of the automatic stand down being incurred. The
Standards Officer is not obliged to call a Conduct Committee to consider any such request
unless it is endorsed by the club, or the team captain, or a team official.
B4
Consequences of accumulating 20 or more current demerit points
B4.1 Automatic referral to Conduct Committee
Any individual who accumulates 20 or more current demerit points:
(a) shall face a Conduct Committee hearing to review all their conduct and behaviour that
accumulated their current demerit points; and
(b) is considered to have committed level 2 (serious misconduct); and
(c) is suspended from taking part in any association controlled game in any grade until the
outcome of the Conduct Committee hearing has been determined.
B5
Administration of the demerit points system
B5.1 Register of demerit points
The Standards Officer shall keep a public register of all the current demerit points.
B5.2 Players responsible for their own conduct
Players are expected to monitor their own demerit points and take their own automatic
stand down without any further input. The Standards Officer may (but is not obliged to)
warn players who are getting close to 12 or 20 current demerit points in a grade.
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Part C – Judicial Bodies
Overview of Part C
The Code of Conduct provides for three judicial bodies:
a Standards Officer; and
•
•
a Conduct Committee; and
•
an Appeal Committee.
The actions of all of these bodies are overseen by the Association’s Executive Committee.
The Standards Officer is elected at the AGM each year and is the person who is responsible to
administer the Code of Conduct.
The key responsibilities of the Standards Officer are administering and promoting the Code of
Conduct, making quick decisions, reporting to the Executive, and forming a judicial committee
when required.
Decisions are made and penalties are determined by one of the two judicial committees that can
be formed.
The first committee is called the Conduct Committee and decides all first instance decisions.
The second judicial committee is called the Appeal Committee which hears all appeals.
At each AGM a list of names is produced of people who are able to sit on either or both of the
Judicial Committees.
C
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Standards Officer
C1
The Standards Officer
C1.1 Appointment
The Standards Officer is a person who is appointed annually at the AGM in accordance with
Paragraph 9(b) of the Constitution of the Tauranga Hockey Association to act with the
Executive Committee on judicial matters.
C1.2 Role of the Standards Officer
The Standards Officer is the first point of contact for all Code of Conduct related enquires
and reports. They should be approachable, and knowledgeable on the Code of Conduct, and
be confident to oversee the judicial process on behalf of the Association.
C1.3 Powers and Duties of the Standards Officer
The Standards Officers shall have the following duties:
(a) administering and promoting the Code of Conduct;
(b) upon receiving a report or complaint, deciding whether or not to form a judicial
committee;
(c) assembling judicial committees;
(d) advising judicial committees on procedural matters;
(e) investigating incidents and procuring reports for judicial committees;
(f) reporting to the Executive Committee;
(g) clarifying how the Code of Conduct is applied or how a penalty or sanction is to be
served;
(h) assisting the Executive Committee or any judicial committee with any matters covered
by the Code of Conduct;
(i)
keeping a register of current demerit points accrued for each grade;
(j)
making quick decisions on matters covered by the Code of Conduct in accordance with
the procedure and rules for judicial committees when there is no time to convene a
judicial committee.
C2
Other powers and duties of the Standards Officer
C2.1 Acting on own motion
The Standards Officer may assemble a Conduct Committee on their own motion and
investigate any conduct listed as improper, unfair, or unacceptable in the Code of Conduct.
C2.2 Keeping the demerit point register
The Standards Officer is responsible to see that there is demerit points register for each
grade that contains a record of:
(a) current demerit points accrued by players (including details of when the points
accrued); and
(b) automatic stand downs served.
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C2.3 Guidelines for making quick decisions
The following guidelines apply when the Standards Officer is asked to make a quick decision:
(a) If there is time to convene the appropriate judicial committee then the Standards
Officer should not act;
(b) The Standards Officer should as far as possible follow the procedure and rules for
judicial committees when making the decision;
(c) If the Standards Officer does make a quick decision, the Standards Officer’s decision
should be reported to the people involved as an interim decision;
(d) The Standards Officer should then refer the decision to the appropriate judicial
committee so it can be ratified.
C3
Guidelines for deciding whether or not to form a Conduct Committee
C3.1 Judicial committee must be formed when
Judicial committee must be formed when:
(a) a red card has been issued;
(b) a player has accumulated 20 current demerit points;
(c) an automatic stand down or any other sanction has not been complied with;
(d) an individual wishes to appeal a Conduct Committee decision and they have paid the
appeal fee;
(e) the Executive Committee directs the Standards Officer to form a judicial committee.
C3.2 Judicial committee may be formed when
Judicial committee may be formed:
(a) when an incident is reported or a complaint or a report of misconduct is received;
(b) on the own motion of the Standards Officer (for example under Error! Reference
source not found. or C2.1);
(c) for an appeal (against issue of demerit points or the application of an automatic stand
down, etc);
(d) in any other circumstances the Standards Officer considers appropriate.
C3.3 Factors to consider in deciding to form a judicial committee
In some circumstances a complaint may be received, but on viewing the complaint the
Standards Officer may elect not to convene a judicial committee. In making that decision the
Standards Officer should consider the following factors:
(a) Is it obvious from the complaint (and any evidence obtained) that there has not been
misconduct;
(b) How much time has passed between when the incident occurred and when it was
reported;
(c) Whether the application is supported by the team captain, club, team manager, coach
or any other team official;
(d) Is the incident being reported for genuine reasons or is it being reported in retaliation
or for another improper purpose (this may be a breach of the Code of Conduct in its
own right);
(e) is there any new evidence or is the appeal just a rehearing of a previous decision.
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Conduct Committee
C4
The Conduct Committee
C4.1 Purpose
The purpose of the Conduct Committee is to hear all first instance reports of breaches of the
Code of Conduct in accordance with the procedure for judicial committees.
C4.2 Formation of a Conduct Committee
A Conduct Committee shall form when directed to do so by the Standards Officer.
C4.3 Size of a Conduct Committee
In accordance with Paragraph 9(i) of the Constitution of the Tauranga Hockey Association, a
Conduct Committee is a judicial committee of 3 people appointed by the Executive
Committee. Decisions made by the Conduct Committee are effective immediately once
delivered, but are subject to approval by the Executive Committee at their following
meeting.
C4.4 Membership of a Conduct Committee
At each AGM the Executive Committee shall designate at least 6 members of the Association
who may form a Conduct Committee. Any member of the Association is eligible to sit on a
Conduct Committee, but an individual may not sit on a Conduct Committee where they have
a conflict of interest with one of the parties, or were involved in the incident being
considered.
Note for guidance only – If you were involved in an incident or are on the same team as the
individual called before the Conduct Committee then you should not sit on the committee. When
forming the committee close personal relationships and club affiliations should also be
considered. As a general rule if you think you have a conflict of interest or strong bias then you
should not sit on that committee.
C4.5 Powers of a Conduct Committee
A Conduct Committee has the power for each incident to determine if the actions or
behaviour of any of the individuals involved amounted to misconduct, and if it did what
penalty should apply. Penalties determined by a Conduct Committee are effective
immediately upon delivery unless specified otherwise.
C5
Business of a Conduct Committee
C5.1 Prior to a meeting
Once a Conduct Committee has been formed and before a meeting is called, the Conduct
Committee shall:
(a) elect one of their member as the chairperson; and
(b) request from the Standards Officer any investigation, reports, or other evidence they
require.
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C5.2 At a meeting
The meetings of the Conduct Committee shall be held at the time and place set out in the
Notice of Hearing to determine:
(a) the facts – What actually happened during the incident
(b) did the actions or behaviour of any of the people involved amount to misconduct
(c) if there has been misconduct – what is the level of misconduct that has occurred
(d) the penalty or sanction that the individual will face.
C5.3 Right of appeal
Any individual has the right to appeal the whole or any part of the decision made by a
Conduct Committee to the Appeal Committee by giving the Standards Officer notice in
writing within 72 hours of receiving notice of the decision of the Conduct Committee.
Note for guidance only – an appeal is not just a rehearing. There needs to be a specific deficiency
in the procedure or some new evidence that has come to light. People wishing to lodge an appeal
are reminded that the Appeal Committee is not obliged to hear an appeal, and they have a
constitutional right of appeal to the New Zealand Hockey Federation.
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Appeal Committee
C6
The Appeal Committee
C6.1 Purpose
The purpose of the Appeal Committee is to hear all appeals from decisions of the Conduct
Committee in accordance with the procedure for judicial committees set out in the Code of
Conduct.
C6.2 Formation of an Appeal Committee
An Appeal Committee shall form when an appeal has been lodged and the appeal fee of $50
has been paid.
C6.3 Size of an Appeal Committee
In accordance with Paragraph 9(i) of the Constitution of the Tauranga Hockey Association, an
Appeal Committee is a judicial committee of 3 people appointed by the Executive
Committee. Decisions made by the Appeal Committee are effective immediately once
delivered, but are subject to approval by the Executive Committee at their following
meeting.
C6.4 Membership of an Appeal Committee
At each AGM the Executive Committee shall designate at least 6 members of the Association
who may form an Appeal Committee. Any member of the Association is eligible to sit on an
Appeal Committee, but an individual may not sit on an Appeal Committee where they have a
conflict of interest with one of the parties or were involved in the incident being considered.
Note for guidance only – See the note on being part of a Conduct Committee. Also it is anticipated
that the Executive Committee shall appoint more senior people to sit on an Appeal Committee.
C6.5 Powers of an Appeal Committee
An Appeal Committee has the power for each incident to overrule the relevant Conduct
Committee and determine if the actions or behaviour of any of the individuals involved
amounted to misconduct and if it did what penalty should apply. Penalties determined by
the Appeal Committee are effective immediately upon delivery unless specified otherwise.
C7
Business of an Appeal Committee
C7.1 Prior to a meeting
Once an Appeal Committee has been formed and before a formal meeting is called, the
committee shall as required:
(a) Elect one of its members to act as chairperson;
(b) Review all the prior and new evidence and the report of the Conduct Committee
(c) Decide whether or not to hear the appeal (the appeal fee is refunded if the appeal is
not heard);
(d) If there is to be a hearing ask the Standards Officer to issue a Notice of Hearing.
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C7.2 At a Meeting
If the Appeal Committee decides that a formal meeting is required then the meeting shall be
held at the time and place set out in the Notice of Hearing to review:
(a) The report of the Conduct Committee;
(b) What was involved in the incident, what happened in light of any new information;
(c) Did the actions or behaviour of anyone involved amount to misconduct;
(d) If there has been misconduct – what is the level of misconduct that has occurred;
(e) The penalty or sanction that the individual will face;
(f) Whether or not the appeal fee shall be refunded.
C7.3 Right of appeal
The Association will not hear any further appeal after the matter has been before an Appeal
Committee. Individuals however do have a constitutional right of appeal to the New Zealand
Hockey Federation on points of law.
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Part D – Judicial Process and Procedures
Overview of Part D
This part sets out the rules and processes that should be followed when dealing with judicial
matters.
The rules and process are the same regardless of whether or not you are at Conduct Committee or
Appeal Committee level.
Individual players do not face charges, instead a committee is formed to investigate and deal with
each incident.
The Judicial Process Flowchart outlines the full process from start to end.
All relevant people involved are issued with a Notice of Hearing.
The Committee hears from all parties and decides what actually happened.
Having concluded the facts (what actually took place during the incident) the committee then
determines if any individual’s behaviour or conduct amounts to misconduct.
If there was misconduct the Committee then determine the appropriate penalty.
D
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Rules and Guidelines for Judicial Committees
D1
General Judicial Rules
D1.1 Fairness and Natural Justice
All judicial committee hearings shall be held in a fair manner and subject to the Code of
Conduct the rules of natural justice shall apply. There is no need for a judicial committee
hearing to be overly formal.
D1.2 Umpire’s decision is final
An umpire’s decision is final. A judicial committee cannot overturn an umpire’s decision
(such as an appeal to change outcome of a game). A committee can change the effect of an
umpire’s decision (eg the amount of demerit points that are awarded or the application of
an automatic stand down).
D1.3 Burden of proof
The burden of proof is on the balance of probabilities.
D1.4 Presenting and responding to evidence
Every person named in the Notice of Hearing should be given a reasonable opportunity to
present and respond to the evidence. Each individual is entitled to ask questions and
contradict the evidence that is before the committee and, provide additional evidence if
they wish, including asking questions of any person giving a verbal report.
D1.5 Hearings open to the public
Any person has the right to be present at a judicial committee hearing but the members of
the judicial committee may at any time decide to have a private hearing and exclude
members of the public.
Note for guidance only – generally every hearing should be open to the public and anyone is
entitled to be present to ensure the process is open and fair. However, anyone who is disrupting
or upsetting proceedings or acting in an intimidating manner should be excluded. Not everyone is
confident speaking in front of a large group so the committee may close all or certain parts of the
meeting to ensure all individuals have a fair chance to have their say. Also the judicial committee
may decide to restrict entry to a hearing if the incident is of interest to the media or press, and
may not reflect well on the game.
D1.6 Attendance
While an individual concerned is encouraged to attend a hearing, a judicial committee may
consider a matter at the time set out on the Notice of Hearing without the individual or their
representative present.
D1.7 Proceedings not invalidated for Technical Reasons
Proceedings are not invalidated because of a technicality (such as failure to follow
procedure) unless it has resulted in a substantial miscarriage of justice.
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D1.8 Group hearings
Generally one committee is formed to deal with each incident. A committee may conduct a
hearing for more than one person at the same time. The same committee may hear more
than one complaint at each hearing.
D1.9 Representative and support people
Any individual facing a judicial committee is able to bring someone to represent them or
speak on their behalf (such as a club representative or lawyer) and a support person if they
wish.
D2
Guidelines to determining the facts
D2.1 How to establish what happened
The question the committee needs to determine during the first part of the hearing is what
actually occurred during the incident. The committee should take into account all of the
circumstances, and ignore irrelevant considerations such as those outlined in D2.2. The
committee should:
(a) Review the evidence produced by all parties;
(b) Decide on the weight to be given to each piece of evidence;
(c) Establish what happened based on the evidence that is available;
(d) Determine if that conduct amounted to misconduct and if it did what level of
misconduct.
D2.2 Factors that are not relevant to what happened
The following factors are not relevant to what actually occurred – but may be taken into
account only when determining a sanction or penalty
(a) The person’s past actions;
(b) Any provocation that occurred;
(c) Whether the conduct was in retaliation or not.
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Notice of Hearing
D3
The Notice of Hearing
D3.1 What is a Notice of Hearing
A Notice of Hearing is the document that formally advises an individual or group that a
committee is going to hold a hearing about an incident they may have been involved with. A
Notice of Hearing is not a charge or accusation.
D3.2 Form of a Notice of Hearing
A Notice of Hearing should be:
(a) in writing; and
(b) given to all individuals involved (including team manager, team captain, club, and
umpires); and
(c) provided to individuals as early as possible, so they have as much time as possible to
prepare for the hearing.
D3.3 Contents of a Notice of Hearing
A Notice of Hearing should contain all of the following:
(a) Briefly outline the incident as reported; and
(b) Advise what time and at what place the hearing will be held; and
(c) Attach copies of all reports and evidence available on the issue of the Notice of
Hearing (or where the information can be accessed before the hearing); and
(d) Direct them to the Code of Conduct for more information
D3.4 Giving a Notice of Hearing to the people concerned
The Notice of Hearing should be brought to the attention of the individual or people
concerned at least verbally or ideally by giving them a copy as early as possible before the
hearing is due to be held. This may not always be possible in the circumstances and it is
suggested that the notice should also be given to any team officials, and the club to which
the person is affiliated as outlined in D3.2(b).
D4
Receiving a Notice of Hearing
D4.1 What to do if you receive a Notice of Hearing
If you receive a Notice of Hearing you may wish to write down what happened during the
incident while it is fresh in your mind. You may also ask other people who were present at
the incident to do the same. You could also arrange for a support person or someone (such
as a club member or representative) to come to the hearing with you. You may be
questioned by the committee about what happened.
D4.2 What to do if you cannot be present at the hearing
If you are unable to be present at the time and place set out in the Notice of Hearing you
should advise the Standards Officer as soon as possible. It may be possible for the Standards
Officer (in consultation with the relevant committee) to reschedule the hearing. The hearing
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can still take place without you present. If the hearing is re-scheduled a new Notice of
Hearing will be issued.
Note for guidance only – the Standards Officer has no obligation to reschedule any hearing. All
the people involved will likely have other commitments (such as work) as well as those imposed by
the Code of Conduct and the hearing time and date may not be able to be changed. As a guide the
earlier you advise the Standards Officer easier it may be to reschedule the hearing.
D4.3 Guidelines to help you present your case
The committee’s job is to decide what happened at the incident based on all the evidence
they have. The committee may not see the incident in the same way as you do. If you are
not confident speaking, you may find it easier to prepare in advance and write out what
happened as a report. If you wish, you can have someone speak for you or you can bring a
support person.
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Procedure at Committee Hearings
D5
Guide to the procedure
D5.1 Prior to the hearing
Prior to a hearing the committee should:
(a) elect a member to chair the meeting;
(b) check that all relevant people have been made aware of the hearing and have received
a copy of the Notice of Hearing;
(c) appoint a minute taker (this may be a member of the judicial committee or any other
person present)
(d) make sure at least one copy of the Code of Conduct is available;
(e) ensure the committee and all individuals involved (and present) have copies of all of
the evidence and any additional reports requested.
D5.2 First part of the hearing –determine the facts (what happened)
The first part of the hearing is for the committee to hear all the evidence and give all the
individuals present a chance to present and respond to evidence. The following procedure is
a guide:
(a) The chair should introduce the members of the committee. All individuals present, and
their representative and support person (if any) shall identify themselves.
(b) The chair will then briefly outline the hearing process.
(c) The chair shall table the Notice of Hearing, and any associated documents, and reports
of any investigations, and any other documentation (and the Conduct Committee’s
report if an appeal).
(d) Every individual present shall be given a chance to:
(i)
Make a statement on the evidence tabled; and
(ii) provide any response they have to the evidence provided; and
(iii) produce and explain any further evidence they wish to present.
(e) The committee shall then hear any further evidence it had requested that was not
included with the Notice of Hearing (e.g. oral reports from witnesses, umpires reports,
captains reports etc)
Note for guidance only – after each piece of evidence or report has been given each
individual present should be asked if they wish to ask any question. This step may also be
omitted if the committee is an Appeal Committee.
(f)
(g)
Every individual present shall be given a chance to make a final closing statement on
the evidence.
The chair should then adjourn the hearing.
D5.3 The First part of the Committee decision – decide what happened
The committee should then make the following decisions (in order):
(a) based on all the evidence presented what happened (see the guidelines of finding the
facts below).
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Note for guidance only – it may be helpful to make a timeline of events. The committee
ideally should all agree on what the events were that took place and in what order.
(b)
(c)
Separately for each of the individuals involved, did their actions amount to
misconduct.
If their actions did amount to misconduct, what level of misconduct (in accordance
with the levels of misconduct section).
D5.4 The Second part of the hearing – a finding of misconduct
Once the committee has made the decisions set out in D5.3, the chair should then
reconvene the hearing and continue with the following process:
(a) The chair shall advise each individual that:
(i)
there has been no finding of misconduct and close the hearing; or
(ii) there has been a finding of misconduct, and the level of misconduct that the
judicial committee has determined.
(b) The chair shall advise the individual of the starting penalty for that level of misconduct.
(c) The individual or individuals will be given an opportunity to make a statement
outlining any mitigating factors and make any submissions they wish as to the
sanctions or penalties.
(d) The chair should then adjourn the hearing.
D5.5 The second part of the Committee decision – decide the penalty
The committee should then make the following decisions:
(a) any aggravating or mitigating factors present with the incident; and
(b) the penalty that shall apply.
D5.6 The Second part of the hearing – a finding of misconduct
Once the committee has made the decision set out in D5.5 the chair should then reconvene
and conclude the hearing:
(a) The chair shall then advise the individual of any aggravating factors and any mitigating
factors the committee has taken into account;
(b) The chair should then advice the individual of the penalty determined by the
committee with the reasons where appropriate (either orally or in writing);
(c) The chair shall advise the individual of any rights they have to appeal.
(d) The chair shall close the hearing.
D5.7 After the hearing
Once the hearing has been finished the chairperson of the committee is responsible to make
sure the following steps are taken:
(a) The minutes should be typed into a report;
(b) The report should be delivered to all the people named in the Notice of Hearing, their
clubs or schools, and the Standards Officer;
(c) The chairperson will advise the Standards Officer if any other actions are required
following the hearing.
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Part E – Penalties and Sanctions
Overview of Part E
This Part sets out the penalties and sanctions for both players and non players. It also outlines
other options that a committee may use when determining a penalty.
For players there are 3 levels of misconduct
Level 1 (Misconduct)
•
•
Level 2 (Serious Misconduct)
•
Level 3 (Major Misconduct)
The level of sanction or applicable penalty will be determined by the level of misconduct.
Each level of misconduct has a starting penalty that will apply unless mitigating or aggravating
factors are present.
This section also details other penalties and sanctions which may be applied to non players or to
players in addition to the starting penalties for each of the levels of misconduct.
Further options available to judicial committees in setting penalties and sanctions and details
about them are also specified.
E
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Levels of Misconduct
E1
Player sanctions and penalties
E1.1 Using this section
This section sets out the sanctions and penalties that should be applied to an individual.
Examples are set down to assist the judicial committee in assessing the correct level of
misconduct. The penalty given by the committee must not be less than the minimum
specified or more than the maximum, for the level of misconduct the individual committed.
E1.2 Starting penalties
The starting penalty should be applied unless there is a significant reason to deviate from it.
A committee may apply a penalty less than the starting penalty where there are significant
mitigating factors. A committee should apply a penalty greater than the starting penalty
where there are any aggravating factors.
Notes for guidance only – Aggravating Factors are any circumstance that increases seriousness or
enormity of the conduct, or added to its consequences. Mitigating Factors are any circumstances
that lessen the severity of the conduct. Examples of factors which may be mitigating or
aggravating include: age of the individual, any previous similar conduct, amount of harm caused,
and the involvement of the individual – were they the main wrongdoer, any remorse shown, etc.
E1.3 Additional Penalties
A committee may also allocate to individuals, teams, or clubs, additional penalties and
sanctions on top of those listed for each level of misconduct where it considers those to be
appropriate.
E1.4 Other Penalties and Punishments
Some misconduct may be punished at a school or club level (or in extreme cases under the
criminal jurisdiction). The penalties or sanctions that have been determined by any other
body at the time of the conduct committee hearing should be taken into account by the
committee. However, a judicial committee is not required to wait for any such penalty to be
determined.
Notes for guidance only – Where there are criminal charges pending it may be necessary to wait
for the outcome of the criminal case before proceeding with a conduct committee hearing where
the committee’s report may be used as evidence against the person concerned. This will depend
on the facts giving rise to each incident and is unsure further legal advice should be obtained.
E2
Level 1 (Misconduct)
E2.1 Examples of Level 1 Misconduct
The following level of conduct should be assessed as Level 1 (Misconduct)
(a) Verbal abuse or hostility towards any other participant, person, or any member of the
public.
(b) Disputing/protesting, reacting in a provocative or disapproving manner, or in an
inappropriate way to any decision made by a match official.
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(c)
(d)
(e)
(f)
(g)
(h)
Charging or advancing towards a match official in an aggressive manner when
appealing.
Excessive appealing of a match official’s decision.
Inappropriate and deliberate physical contact between players in the course of play.
Using rude or abusive language, gestures, or hand signals, which are considered to be
obscene, offensive, or insulting.
Abuse of hockey equipment or clothing, venue equipment or fixtures and fittings.
Making public statements which are not fair, constructive, or reasonable, and involve a
personal attack on anyone involved in a game of hockey.
E2.2 Penalties that apply for Level 1 (Misconduct)
The following penalties apply to Level 1 (Misconduct)
(a) Minimum penalty:
Official reprimand.
(b) Starting penalty:
1 match suspension.
(c) Maximum penalty:
25 match suspension
(this is intended to be the remainder of the season).
E3
Level 2 (Serious misconduct)
E3.1 Examples of Level 2 Serious Misconduct
The following level of conduct should be assessed as Level 2 (Serious misconduct)
(a) Throwing a stick or ball at or near anyone involved in a game of hockey in an
inappropriate and/or dangerous manner.
(b) Accumulating 20 or more current demerit points in a grade.
(c) Threat of assault on an umpire.
(d) Physical assault (without treatable injury) of another person involved in a game of
hockey.
(e) Any act of violence during a game.
(f) Failing to provide to any match official the details of a player or other person involved
in an incident.
(g) Using language or gestures which seriously offends, insults, intimidates, threatens,
disparages or vilifies another person on the basis of that person’s race, religion,
gender, colour, descent or national or ethnic origin.
(h) Recurrent Level 1 behaviour at any grade within the same season.
E3.2 Penalties that apply for Level 2 (Serious misconduct)
The following penalties apply to Level 2 (Serious misconduct)
(a) Minimum penalty:
1 match suspension.
(b) Starting penalty:
3 match suspension.
(c) Maximum penalty:
No maximum.
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E4
Level 3 (Major misconduct)
E4.1 Examples of Level 3 Major misconduct
The following level of conduct should be assessed as Level 3 (Major misconduct):
(a) Physical assault causing bodily injury requiring treatment to anyone else involved in a
game of hockey.
(b) Recurrent Level 2 behaviour at any grade within the same season
E4.2 Penalties that apply for Level 3 (Major misconduct)
The following penalties apply to Level 2 (Serious misconduct)
(a) Minimum penalty:
5 match suspension.
(b) Starting penalty:
25 match suspension
(this is intended to be the remainder of the season).
(c) Maximum penalty:
No maximum.
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Penalties and Sanctions
E5
Additional sanctions and penalties
E5.1 These penalties apply in addition to those for the levels of misconduct and to non-players
In addition to players, the Code of Conduct also applies to team officials, match officials, and
spectators among others. Suspension penalties may not be appropriate for non-players,
teams, or groups of people. A judicial committee may award one, or a mixture of, or all of
the following penalties against non players. A judicial committee may also award one, or a
mixture of, or all of the following against players IN ADDITION to the sanctions and penalties
set out above.
E5.2 Official reprimand or warning
A committee may issue to any person an official reprimand or warning letter.
E5.3 Demerit points
A committee may also add or subtract the amount of, or modify the currency of, some or all
demerit points any individual has accrued.
E5.4 Competition Points
A committee may add or remove any amount of competition points awarded to a team from
a game or throughout the competition.
E5.5 Payment for cost of repairs
A committee may require full or part payment for the cost (or estimated cost) of any repairs
required.
E5.6 Trespass
A judicial committee may also issue an individual with a trespass notice in accordance with
the Trespass Act 1980 that they stay off any association controlled venue.
E5.7 Ban
A committee may issue a ban from participating in a game of hockey from 1 year to life. It is
anticipated that such a ban shall stop a person or people covered by the ban from being a
player, team official, or match official, for the duration of the ban.
E5.8 Other Penalties or Sanctions
Subject to the prior approval of the Executive Committee a judicial committee may impose
any other type of sanction or penalty it considers appropriate.
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Serving a Sanction or Penalty
E6
How a penalty or sanction applies
E6.1 Official reprimand
An official reprimand is a written warning letter issued to the individual, team, or group
concerned and to their club or school by the committee stating that the individual, team, or
group, has committed misconduct. The letter should also state what the conduct was and
that the conduct is unacceptable and must not be repeated. No suspension applies when an
official reprimand is issued. The Standards Officer will keep a copy of the official reprimands
issued with the demerit points register for each season.
E6.2 Suspension automatic stand down
Players serving a suspension must not take part in any game of hockey that they are fit for
and would have been selected to play in, for the number of matches that they are
suspended for. Players may take part in their team practices while suspended, and are
encouraged to attend games to support their team. A committee has the right determine
which games (and at what grades) a player shall be suspended from. Unless otherwise
specified an automatic stand-down or suspension applies to the games in the grade in which
the incident occurred.
Note for guidance only – This applies to players who play in more than one grade (eg interchange
players and college players who also play for a club team), and players who participate in games
such as inter school fixtures. If a player or club is unsure of which games a suspension or
automatic stand down applies to, they should ask the Standards Officer or the applicable
committee. The Standards Officer has the power to clarify how a penalty or sanction is to be
served.
E6.3 Suspension until repair costs paid
If a committee determines any amount of money is payable for repairs then unless specified
otherwise the player or team is suspended from competition until the amount determined is
paid in full. All money shall be paid to the Association and a receipt as proof of payment shall
be issued upon request.
E7
Options for the application of a penalty or sanction
E7.1 Overview
The following information relates to the application of, or serving of, a sanction or penalty
and gives committees more options for imposing sentences on individuals.
Note for guidance only – Hockey is a team sport. In some circumstances the actions of one person
(and resulting penalty) may have consequences for the team (or club or the Association) that are
out of proportion with that person’s conduct. In exceptional circumstances where this occurs (for
example where a suspension may affect the final of an inter-association tournament) a
committee may consider it appropriate to suspend or defer all or part of a sentence.
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E7.2 Suspended Sentence
In exceptional circumstances a judicial committee may suspend all or part of a sentence. If
all or part of a sentence is suspended then the individual shall not have to serve any of the
suspended penalty or sanctions for the specified period (usually the remainder of the
season). HOWEVER should any individual receive any finding of misconduct against them or
incur any demerit points then the sanction or penalty shall immediately activate.
E7.3 Deferral of Sentence
In exceptional circumstances a judicial committee may defer all, or part of a sanction or
penalty. If all or part of a sentence is deferred the judicial committee shall specify the day on
which the penalty or sanction shall take effect.
E8
Failing to observe a sanction or penalty
E8.1 Playing while suspended
If a team fields a player who is suspended in that grade, all games in which the suspended
player has or will participate in until the suspension has been observed shall be treated as
having been defaulted to the opposition.
E8.2 Automatic referral to Conduct Committee
Anyone who fails to observe any automatic stand down, sanction, or penalty, shall be
referred to the Conduct Committee.
E8.3 Additional starting penalty applies
The starting penalty for knowingly failing to comply with an automatic stand down, sanction,
or penalty, is that the sanction or penalty is doubled.
E8.4 Player unaware of an automatic stand down
If a player was genuinely not aware they should have observed an automatic stand down
and took part in a game they should have been suspended for then E8.3 does not apply and
the starting penalty at the conduct committee will be the automatic stand down penalty.
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