Youth Disciplinary Regulations
Youth Disciplinary Regulations
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3. Procedure following a Sending-Off or alleged breach of Youth Rugby Code of Conduct |
| 5. Consideration by the Youth Discipline Committee |
| 6. Appeals and Penalty Review Procedure |
1.1 These Rules have been adopted by the Youth Committee of the Hong Kong Rugby Football Union in order to implement a centralised discipline structure for Youth Rugby.
1.2 These Rules are intended to support and encourage fair play in Youth Rugby.
1.3 These Rules recognise that the discipline procedures and sanctions appropriate for Youth Rugby are different to those that are appropriate for Senior Rugby. In particular, these Rules recognise that, as a guiding principle, any sanction imposed on a Youth Player should be for the purposes of education rather than punishment. At the same time, these Rules recognise that conduct such as foul play by players and abuse of match officials by parents and supporters has no proper part in Youth Rugby.
1.4 All clubs, schools and teams participating in Youth Rugby in Hong Kong are reminded that they carry ultimate responsibility for the good behaviour of their players, coaches and supporters during and after games. Clubs and schools must ensure that parents and supporters do not abuse match officials or behave in a manner likely as to cause indiscipline during or after play.
1.5 The Youth Rugby Code of Conduct published by the Hong Kong Rugby Football Union should be regularly brought to the attention of all players, officials parents and supporters.
2.1 For the purposes of these Rules, the following definitions will apply:
2.1.1 Board of Directors means the current board of directors of the Union;
2.1.2 Chairman means the chairman of the Youth Discipline Committee;
2.1.3 Code of Conduct means the Union’scode of conduct as amended from time to time;
2.1.4 Community Rugby Manager means the community rugby manager appointed by the Union;
2.1.5 Competition means any rugby union football competition administered by the Union ;
2.1.6 Complainant Club or School means a club, school or association which seeks to cite a Player;
2.1.7 Decision means a decision of the Committee;
2.1.8 Deposit means a remittance for HK$2,500;
2.1.9 HKSRFUR means the Hong Kong Society of Rugby Football Union Referees;
2.1.10 Incident(s) means the incident(s) or alleged incident(s) giving rise to the relevant disciplinary proceedings;
2.1.11 Laws of the Game means the IRB laws governing the playing of rugby union football, as amended from time to time;
2.1.12 League Fixtures Control Panel means the league fixtures control panel appointed by the Union;
2.1.13 Match means any Rugby Union Football match administered by the Union;
2.1.14 Notice of Citing means a citing complaint;
2.1.15 Participant means any player, referee, touch judge or other match official, selector, coach, trainer, manager or other team official, or any individual involved in the organisation, administration or promotion of rugby union football including a director, other officer or employee of the Union, of any member or associate member of the Union;
2.1.16 Player means any Youth Player playing a match administered by the Union ;
2.1.17 Player's Club means the club or school the Player was representing at the time of the Incident;
2.1.18 Referee means a HKSRFUR-registered match referee officiating in the match administered by the Union inwhich the Incident took place;
2.1.19 Referees' Development Officer means the current Referees' Development Officer appointed by the Union fromtime to time;
2.1.20 Referee's Report means a written report submitted by a Referee;
2.1.21 Rule means a rule in these Disciplinary Rules for Youth Rugby;
2.1.22 Touch Judge means a touch judge registered with the HKSRFUR;
2.1.23 Touch Judge's Report means a written report submitted by a Touch Judge;
2.1.24 Unionmeansthe Hong Kong Rugby Football Union;
2.1.25 Youth Discipline Committee and the Committee mean the Committee appointed by the Union forthe purposes of considering and adjudicating upon disciplinary matters relating to Youth Rugby;
2.1.26 Youth Discipline Officer means the Officer appointed by the Union following consultation with the Youth Rugby Committee for the purposes of performing administrative duties in relation to disciplinary matters relating to Youth Rugby. The position of Youth Discipline Officer shall ordinarily be filled by the Union’sCommunity Rugby Manager;
2.1.27 Youth Rugby means any rugby training, matches, leagues, games, friendly games, tournaments, and competitions involving players registered as Under 19or below.
2.2 Words in the singular include the plural and vice versa; a reference to a gender includes the other gender.
3. Procedure following a Sending-Off or alleged breach of Youth Rugby Code of Conduct
3.1 In the event that a Youth Player is sent off the playing enclosure during a match, the Referee shall, within 24 hours of the completion of the match, or such further time as is necessary in the circumstances, send to the Youth Discipline Officer a Referee's Report incorporating:
(a) the date of the match, the venue and the teams participating;
(b) the name of the Player and his team;
(c) the circumstances in which the Player was sent off;
(d) the reason for the Player being sent off;
(e) any other information the Referee considers material.
3.2 The Referee's Report shall usually be made using the Union’s sending-off form. The Youth Discipline Officer will keep records of all the reports submitted.
3.3 In cases in which a Player is sent off the playing enclosure as a result of the intervention of a Touch Judge, the Touch Judge shall, within 24 hours of the completion of the match, or such further time as is necessary in the circumstances, send to the Youth Discipline Officer a Touch Judge's Report incorporating the matters referred to in Rule [3.1]
3.4 A Referee or Touch Judge may also report other cases in which he considers that there has been a breach of the Youth Rugby Code of Conduct warranting the intervention of the Youth Discipline Committee. Such reports may be made in cases in which, for example, a parent or supporter has subjected officials or players to inappropriate verbal abuse or actual or threatened physical violence. A Referee’s or Touch Judge’s Report made in such a case shall state:
(a) the date of the match, the venue and the teams participating;
(b) the name of the individual against whom the report is made;
(c) the circumstances of the event reported;
(d) any other information the Referee or Touch Judge considers material.
3.5 Subject to Rule [3.6] any player, parent or supporter who is the subject of a report by a Referee or Touch Judge may seek a personal hearing before the Youth Discipline Committee to present his or her case.
3.6 No player under the age of 14 years will be allowed to attend a personal hearing before the Youth Discipline Committee but such player can be represented at a personal hearing by a parent, coach or other appropriate adult.
3.7 In the event that a personal hearing is requested, the hearing shall be conducted in accordance with the procedures set out in Rule [5].
4.1 The need for highly exceptional circumstances
4.1.1 The citing of a Youth Player is something that should never be undertaken lightly and should only be done in highly exceptional circumstances. This rule sets out the strict procedures that will apply when a citing complaint is made. Failure to comply with any of these procedures may lead to a decision by the Youth Discipline Officer or by the Youth Discipline Committee not to proceed further with the citing complaint.
4.1.2 The Incident must not have been seen by the Referee or the Touch Judges officiating at the match in question. If the Referee or the Touch Judges saw the Incident then, even if he/they chose to take no action, the citing will be invalid.
4. 1.3 A citing complaint should only be made if the Incident, if it had been seen by or brought to the attention of a "reasonable referee", was of such seriousness that he would have immediately sent off the offending player from the playing enclosure (using a red card).
4.2 Who may cite?
4.2.1 Only a member club, school or association registered by the Union, an official of the Union or an official of the HKSRFUR may make a citing complaint to the Union.
4.3 Requirements of the Notice of Citing
4.3.1 The Notice of Citing must be in writing and signed by the chairman or secretary or equivalent official of the complainant club or school, or the HKSRFUR or the Union official seeking to cite.
4.3.2 The Notice of Citing must be addressed to the Youth Discipline Officer at the offices of the Union and delivered not later than 5:00 pm on the second day following the match in which the alleged act of foul play occurred. All materials to be submitted in support of the Notice of Citing must be submitted to the Youth Discipline Officer and delivered by hand to the office of the Union not later than 5:00 pm on the sixth day following the match in which the alleged act of foul play occurred.
4.3.3 The Union, the Referees' Development Officer and the Youth Discipline Committee will not consider any citing complaint or accompanying materials to be relied upon which is received after the expiry of the prescribed time limit in Rule [4.3.2].
4.3.4 The time limit prescribed in Rule [4.3.2] does not apply to any material produced by the Player or on his behalf.
4.3.5 In addition, a copy of the Notice of Citing and copies of any accompanying materials must be delivered by hand to the registered address of the Player's club or school and addressed to the chairman, secretary or equivalent official of such clubs or school before the expiry of the prescribed time limit in Rule [4.3.2].
4.4 Details to be included in the Notice of Citing
4.4.1 The Notice of Citing must:
(a) State the date, venue and teams participating in the match;
(b) So far as possible, state full details of the Incident, including the point of time in the match, the score at the time and field position when it occurred;
(c) Identify, or provide the means of identifying, the Player(s) who is (are) cited;
4.4.2 The materials submitted in support of the Notice of Citing should, whenever possible:
(a) Be accompanied by the written, signed and dated statements of any witnesses of the alleged act of foul play together with any other materials to be relied upon (such as photographs, medical reports etc);
(b) Be accompanied by video evidence if available (NB. two copies of video evidence must be provided - one copy for each of the Union and the Player's club or school respectively).
4.4.3 When given by a club or school, the Notice of Citing must be accompanied by the Deposit to cover administrative expenses. If the alleged act of foul play is proved, then the payment will be returned to the Complainant Club or School. If, however, the foul play is not proved, the whole or part only of the Deposit shall be reimbursed as either the Referees' Development Officer or the Committee considers, in their absolute discretion, to be just and equitable.
4.4.4 The Union will not consider citing complaints which are deemed by either the Referees' Development Officer or the Committee to be frivolous or vindictive.
4.5 The procedure following the delivery of the Notice of Citing
4.5.1 Upon receipt of a Notice of Citing (and accompanying materials), the Youth Discipline Officer (or, in his absence, the Executive Director of the Union) shall as soon as practicable consult the Referee and any Touch Judges officiating at the match to consider whether the Incident was seen by them during the Match.
4.5.2 Following such consultation, the Referee and any Touch Judge officiating at the match shall each produce a brief written report of the circumstances of the Incident in so far as such circumstances are known to them.
4.5.3 If the Referee saw the Incident which is the subject of the citing, the Notice of Citing shall be deemed to be void and no further action shall be taken in response to it by the Union, other than sending a written advice to the Complainant Club or School, the Player and his Club or School, stating that the Notice of Citing is deemed to be void and the reason(s) therefor.
4.5.4 Provided that the Incident was not seen by the Referee, the Youth Discipline Officer shall refer the matter immediately to the Referee’s Development Officer.
4.6 Initial consideration by the Referees' Development Officer
4.6.1 The Referees' Development Officer shall consider whether the Notice of Citing and all accompanying materials comply with these citing procedures. The Referees' Development Officer shall not entertain any oral representations by any party in connection with the citing complaint.
4.6.2 The Referees' Development Officer shall decide whether, upon an inspection of the materials presented, the Notice of Citing should be referred to the Youth Discipline Committee or whether it should be dismissed. The Referees' Development Officer shall do so by considering whether he is satisfied, on the materials presented, that the Player has a case to answer in respect of the alleged act of foul play and in accordance with these citing procedures.
4.6.3 The Referees' Development Officer will give his decision within seven days of the receipt of the Notice of Citing and all accompanying materials.
4.6.4 The Referees' Development Officer's Decision shall be sent as soon as practicable to the Complainant Club, the Player, his club or school together with copies of the written report(s) of the said match official(s).
4.6.5 If the Referees' Development Officer has decided that the matter should be referred to the Youth Discipline Committee, the Youth Discipline Officer shall ensure that a Committee is convened as soon as practicable to hear the Notice of Citing.
4. 6.6 A decision by the Referees’ Development Officer not to refer the matter to the Youth Discipline Committee shall be final.
5. Consideration by the Youth Discipline Committee
5.1 Composition of the Committee
5.1.1 Following:
(a) receipt of a Referee's report and/or Touch Judge's report made under Rule [3.1], or
(b) receipt of a Referees' Development Officer's Decision to refer a Notice of Citing under Rule [ 4.6.5],
The Youth Discipline Committee shall convene to consider the matter. The Committee shall consist of a Chairman and two Members. The Union shall have complete discretion in the appointment of the Committee and the selection of its members.
5.1.2 No member of the same club or school as the player (or parent or supporter as the case may be), the alleged victim player or a complainant shall act as a Chairman or Member of the Committee.
5.1.3 The Chairman of the Committee shall be a person whose experience and expertise makes him suitable for adjudicating on disciplinary matters and shall, if possible, be selected from within the Hong Kong Youth Rugby Community.
5.1.4 The Committee shall have complete discretion in relation to the procedures to follow when dealing with any discipline matter. In deciding upon the procedures to follow, the Committee shall take into account, in particular, the age of the Player and the degree of informality which is accordingly appropriate.
5.1.5 In cases in which there has been no request for a personal hearing, the Committee shall consider the Referee’s or Touch Judge’s Report(s) together with all the other evidence presented and any submissions made on behalf of the Player (or parent or supporter) before deciding whether to impose any sanction.
5.1.6 If the Committee considers the allegation to be proved, the Committee will decide on the appropriate sanction taking into account all the circumstances and the current Union Guidelines for Youth Players.
5. 1.7 A Player who has been sent off may not continue to play rugby whilst his or her case is being considered by the Committee.
5.1.8 A player who has been cited may continue to play rugby whilst his or her case is being considered by the Committee.
5.1.9 In cases in which there has been a request for a personal hearing, the Youth Discipline Officer shall supply the Player’s Club or School with (as appropriate) a copy of the Referee's report and/or Touch Judge's report, and these Rules. The Youth Discipline Officer shall advise the Player’s Club or School:
(a) of the date, place and time of the Hearing;
(b) that, if the Player is unable to attend the Hearing, he should advise the Youth Discipline Officer forthwith.
5.2 Procedure
5.2.1 The Player (if aged 14 years or older), a representative of the Player's club or school and the parent, coach or appropriate officer (if applicable) shall be entitled to attend the Hearing. The Committee shall have discretion to allow additional representatives of the Player's club or school or other persons to attend the meeting of the Committee. Any interpreter appointed under Rule [5.5.2] shall be admitted to the Hearing.
5.2.2 The meeting of the Committee shall be conducted in private and the confidentiality of all proceedings shall be maintained by all concerned.
5.2.3 In respect of proceedings brought under Rule [3], subject to such variation as the Committee may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows:
(a) the Chairman will explain the procedure to be followed, including that the allegation against the Player will need to proved by the Union to the Committee's satisfaction on the balance of probabilities;
(b) the Chairman will ask the Player’s representative to confirm that prior to the Hearing he has been supplied with and had sufficient opportunity to consider the Referee's Report and/or the Touch Judge's Report;
(c) the Chairman will read, for the benefit of all present, the Referee's Report and, where applicable, the Touch Judge's Report;
(d) the Committee will hear any evidence from the Referee, the Touch Judge (if appropriate), the Player and any other witnesses who have made statements;
(e) the Committee will hear any submissions made by or on behalf of the Player (including in mitigation) and thereafter any submissions made by or on behalf of the Union .
5.2.4 In respect of proceedings brought under Rule [4], subject to such variation as the Committee may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows:
(a) the Chairman will explain the procedure to be followed, including that the allegation against the Player will need to proved by the Union to the Committee's satisfaction as being beyond all reasonable doubt;
(b) the Chairman will ask the Player’s representative to confirm that prior to the Hearing he has been supplied with and had sufficient opportunity to consider the Notice of Citing, the report(s) of the match officials and the Referees' Development Officer's Decision
(c) the Chairman will read, for the benefit of all present, the Notice of Citing;
(d) the Committee will hear any evidence from the Referee, the Touch Judge(s), the Player and any other witnesses who have made statements;
(e) the Committee will hear any submissions made by or on behalf of the Player (including in mitigation) and thereafter any submissions made by or on behalf of the Union .
5.2.5 In the event that the Committee decides to accept videotape evidence, where possible the videotape should be viewed prior to the Referee's Report being read and (unless the allegation against the Player relates to verbal abuse) without the sound or commentary associated with it being heard. Where the allegation against the Player relates to verbal abuse, the Committee shall have discretion to decide what proportion of the videotape will be viewed with the sound being audible.
5.2.6 Failure to follow the procedures outlined will not invalidate the proceedings.
5.3 Time for completion of the process and powers of adjournment
5.3.1 The Committee shall endeavour to complete the process as quickly as reasonably possible. In all its deliberations, the Committee shall ensure that procedural rulings assist in achieving this objective.
5.3.2. The Committee shall have power to postpone or adjourn the Hearing, to such date and time as it sees fit.
5.4 Attendance of the Referee
5.4.1 The Referee and/or Touch Judge (as appropriate) shall, unless exceptional circumstances prevent him from so doing, attend the Hearing. The absence of the Referee and/or Touch Judge (as appropriate) shall not, however, prevent the Committee hearing and determining any Discipline proceeding.
5.5 Language of proceedings and interpreters
5.5.1 The Committee shall have discretion to conduct the hearing in English or Cantonese.
5.5.2 Evidence may be given in another language to that in which the hearing is conducted and, where in any case the Committee considers it necessary or desirable, it may direct the Union (at the Union’s own expense) to have an interpreter present at the Hearing.
5.6 The Decision
5.6.1 In respect of proceedings brought under Rule [3], having heard the evidence and submissions, the Committee must decide whether the Union has proved that the Player (or person alleged to have acted in breach of the Code of Conduct as the case may be) is guilty of the alleged act of foul play (or breach of the Code of Conduct) on the balance of probabilities.
5.6.2 In respect of proceedings brought under Rule [4], having heard the evidence and submissions, the Committee must decide whether the Union has proved that the Player is guilty of the alleged foul play beyond all reasonable doubt.
5.6.3 If the Committee considers an allegation to be proved, the Committee will decide on the appropriate penalty taking into account all the circumstances and in accordance with current Union Guidelines for Youth Players.
5.6.3 The Committee shall reach its Decision by majority and the Decision shall be final, subject only to an application under Rule [6] for a review of any penalty imposed.
5.7 Notification of Decision
5.7.1 The Decision will be notified to all parties as soon as practicable after the conclusion of the Committee’s deliberations. Where it considers it appropriate, the Committee may deliver a short oral decision at the conclusion of any hearing and confirm this in writing at a later date, or it may reserve its Decision.
5.7.2 All parties (including the Player's club or school) shall be entitled to a copy of the written Decision, a copy of which shall be sent to them by the Youth Discipline Officer within 48 hours after it is available.
5.7.4 The Youth Discipline Officer will inform the HKSRFUR and the relevant member union, league or organiser of competition of the Decision.
6. Appeals and Penalty Review Procedure
6.1 Lodging an appeal against the Committee's finding
6. 1.1 A Player may only challenge the Committee’s finding on the basis that new and relevant evidence is available. For such an appeal to be heard (i) the Player must reasonably have not been able to make it available at an earlier stage in proceedings and (ii) the new evidence must establish, prima facie, that the Committee's finding may require reconsideration. No other basis for challenging the Committee's finding is permitted. The Decision remains in effect until, and unless, altered by the Appeal Panel.
6.1.2 An appeal against a Decision of the Committee must be made by submitting a Notice of Appeal to the Youth Discipline Officer.
6.1.3 The Notice of Appeal must lay out in detail the grounds on which the Player challenges the Decision and be accompanied by any materials to be relied upon by the Player and the Deposit.
6.1.4 The Youth Discipline Officer shall, in his absolute discretion, decide whether the evidence meets the requirements set out in Rule [6.1.1] and notify the Player accordingly. If the Youth Discipline Officer decides that the Decision should be reconsidered, the Union will convene an Appeal Panel.
6.2 Lodging an appeal against a penalty
6. 2.1 A Player may appeal against the penalty imposed by the Committee. The Challenged Penalty remains in effect until, and unless, altered by the Penalty Review Panel.
6.2.2 An appeal must be made by submitting a Notice of Appeal to the Youth Discipline Officer, within seven days of the Decision being communicated to the Player.
6.2.3 The Notice of Appeal must lay out in detail the grounds on which the Player challenges the Challenged Penalty and be accompanied by any materials to be relied upon by the Player and the Deposit.
6.2.4 Immediately on receipt of a Notice of Appeal, the Union will convene an Appeal Panel and the Youth Discipline Officer will obtain from the Committee's Report on the case that details the penalty and the reasons why it was imposed.
6.3 Composition of the Appeal Panel
6.3.1 The Appeal Panel will consist of a Panel Chairman and two Panel Members.
6.3.2 Save as provided in this Rule [6.3.3], the Union shall have complete discretion in the selection of the Panel Chairman and Panel Members appointed to the Appeal Panel.
6.3.3 Neither a member of the Committee convened under Rule [5] in the same proceeding, nor a member of the same club or school as the Player, the victim player or a complainant shall be a Panel Chairman or Panel Member.
6.3.4 The Panel Chairman shall, if possible, be selected from the Hong Kong Youth Rugby Community. The Panel Members shall be:
(a) a Vice President of the Union ; or
(b) a Chairman, Secretary or equivalent official from a Club in membership of the Union .
6.4 Procedure at the Appeal Hearing
6.4.1 Immediately the Appeal Panel has been appointed (or as soon as possible thereafter), the Youth Discipline Officer will send:
(a) to the Panel Chairman and the Panel Members copies of the Notice of Appeal and all materials accompanying it, the Committee's Report (if any), all the materials submitted to the Committee in the original proceedings and the Decision;
(b) to the Player a copy of the Committee's Report (if any).
6.4.2 The Panel Chairman will convene a Hearing of the Appeal Panel within seven days of the Notice of Appeal being received by the Union.
6.4.3 The Appeal Panel will consider, on the balance of probabilities, whether the Decision was reasonable.
6.4.4 If the Appeal Panel considers that the Decision was reasonable, the original penalty will stand and the Deposit will be retained by the Union.
6.4.5 If the Appeal Panel considers that the Decision was unreasonable, it may stipulate an alternative penalty (which may be an increase or a reduction of the penalty imposed by the Committee). The Appeal Panel will have full discretion to decide whether the Deposit (or part of it) should be repaid.
6.4.6 In all circumstances, the Appeal Panel shall issue its decisions with full reasons to explain its decision. The Decision of the Appeal Panel will be final.
