BAFA Regulations
Issue 4.8 -- In effect from 1st March 2026.
Incorporating what was previously called the BAFA Disciplinary Code and
the BAFA Rules on Member Organisations.
Note - References in this document to a "Playing Rule" refer to the
contact playing rules ("BAFA Football Rules and Interpretations").
Small-sided football and flag football have their own rule variants.
If a variant does not explicitly cover a particular issue, the relevant
contact playing rule applies.
Prologue -- The Spirit of American Football
The BAFA Regulations set out BAFA's expectations for the conduct
of its members (both individuals and organisations).
They are deliberately couched as a set of principles rather than specific
fixed procedures.
The expectation is that regulatory committees that implement them will apply
common sense and good judgement, and that above all else the spirit of
the sport will be upheld at all times.
All participants in the sport, but especially coaches, players and
officials, should expect to show appropriate levels of respect towards
each other.
Those participating in a situation that is physically confrontational
by the nature of the sport should play hard and fair while the ball is
live but show restraint and care for their opponents at other times.
1. Basic principles
1.1. Scope and definitions
-
The BAFA Regulations shall be governed by the Arbitration Act 1996
(as amended)
and amount to a binding arbitration agreement for the purposes of
Section 6 of the Act.
The Arbitration (Scotland) Act 2010 may apply if all parties are located
in Scotland.
-
The BAFA Regulations apply to and bind:
-
BAFA participants, i.e.:
-
players
-
coaches
-
officials
-
directors, officers, employees or volunteers of BAFA or
of BAFA organisations
-
anyone affiliated with a BAFA organisation at a BAFA event, including
persons subject to the rules (Rule 1-1-6) and other
game persons
-
any other person participating in any activity sanctioned directly or
indirectly by BAFA, whether or not they have explicitly registered with
BAFA
-
BAFA organisations, i.e.:
-
the organisations that are members of BAFA
-
affiliated leagues or competitions
-
clubs and their team(s)
-
any other organisation that is involved in arranging any activity sanctioned
directly or indirectly by BAFA, whether or not they are directly or indirectly
affiliated to BAFA
-
A BAFA game is defined to be:
-
a regular season or playoff game played by teams in affiliated leagues or
competitions
-
any other game played in Great Britain where at least one of the teams
represents a BAFA organisation
-
any "all-star" or exhibition game played in Great Britain involving BAFA
participants
-
A BAFA event is defined to be:
-
a BAFA game
-
a controlled scrimmage
-
a training session organised by a BAFA organisation
-
any national programme or other representative team event, including those
held overseas
-
any activity overseas where the organisation or participant is representing
Great Britain, BAFA or a BAFA organisation
-
any other activity, including meetings, which is clearly related to American
football or associated with BAFA
-
For the purposes of these Regulations:
-
an employee is someone who carries out work for BAFA or a BAFA
organisation, and is paid for that work
-
a volunteer is someone who carries out work for BAFA or a BAFA
organisation and is not paid for that work
-
an officer is someone who has a formal or informal role acting on behalf of a
BAFA organisation, including directors, members of a management
committee, or equivalents
-
a BAFA officer is someone who is a director, officer, employee or
volunteer of BAFA
-
an accused is a participant or organisation against whom/which a disciplinary
charge has been made
-
an appellant is a participant or organisation who wishes to appeal against
disciplinary action taken against them
-
a
game
official
is a person appointed to supervise a game according to Rule
1-1-4
or present to train, observe or assist other game officials
-
a sideline person is anyone who is permitted in the team area during a
game, including coaches, trainers and other individuals directly involved
in the game, but not including officials' assistants or medical personnel
not associated with a team
-
a game person is anyone affiliated with a team during a game, including
game management personnel of any type, officials' assistants and anyone
else who is involved in assisting the team or event organisation
-
a spectator is someone present at a BAFA event who is not there as
a player, coach, game official, appointed healthcare practitioner,
grounds person or game person
-
By its very nature, these Regulations must relate to football-related
matters and cannot and will not be available for private civil, criminal
or personal disputes which have as their substance matters unconnected
with or only marginally connected with the sport, or where the substance
of the dispute exists outside the participation within the sport.
However,
BAFA reserves the right to widen the remit of disciplinary matters in
two types of case:
-
where a participant's conduct may reasonably be regarded as bringing the
game (i.e. the sport itself) into disrepute, taking account of any undue
negative impact or publicity
-
where a participant's conduct may reasonably be regarded as leading to an
increased risk to the safety of any participant, or loss of or damage to property
1.2. Jurisdiction
-
Clubs may be responsible for the discipline of their own members, but
must notify BAFA if they take disciplinary action against a member that:
-
incurs a fine of
more than
£50
-
imposes a suspension of more than one game
-
is a second or subsequent offence within a 12-month period
-
the member wishes to appeal against
-
Regardless of whether a club takes disciplinary action or not, BAFA may
also instigate proceedings independently or in co-operation with the
club.
If BAFA instigates proceedings, it may decide to instead accept the
finding and (if appropriate) sanction imposed by a club, or it may
decide to consider the case afresh.
BAFA may also order a club to cease
disciplinary action against a
member, in the interests of justice.
-
Where the jurisdiction in a case may reasonably be within the purview
of more than one BAFA organisation, the BAFA Disciplinary Officer
shall decide which organisation or a BAFA Disciplinary Committee shall
have jurisdiction taking into account the primary role of the accused
participant or organisation in connection with the breach and the
seriousness of the
alleged
offence.
-
Where a case falls into the jurisdiction of another American football
organisation (e.g. IFAF), it will not normally be reconsidered by a BAFA
Regulatory Committee.
-
For the avoidance of doubt, BAFA regulatory proceedings may progress in
parallel with criminal and/or civil court action.
-
Where BAFA is notified of an incident involving a participant which may
amount to a breach of its regulations, it will commence an investigation
immediately with a view to bringing disciplinary proceedings in a timely
fashion.
In light of the mutual dependency of participants within the
game, it is essential that sporting justice and the imposition of any
sporting sanction take place as soon as possible.
-
BAFA will co-operate with the police and other legal and regulatory
authorities and may suspend its investigation on request.
-
BAFA acknowledges the principles set out in the
working practices on the handling of incidents falling under both criminal
and football regulatory jurisdiction agreed
between the Crown Prosecution Service,
National Police Chiefs' Council,
the Football Association and the Football Association
of Wales.
-
Breaches of the UK Anti-Doping Rules may be handled under the authority
of UK Anti-Doping and any other competent body in the application and
enforcement of those rules.
BAFA persons and BAFA organisations agree to cooperate fully with
any World Anti-Doping Code-compliant anti-doping investigations or
proceedings, whether conducted by UK Anti-Doping or any other competent
body.
1.3. Principles of natural justice
-
BAFA, as the national governing body of American football in Britain, will
be the final arbiter of discipline within the sport played in Britain.
-
All proceedings undertaken by BAFA against a BAFA participant or a
BAFA organisation may be conducted at the BAFA Disciplinary Officer's
discretion either by
in-person hearing, video conference
or correspondence, and shall conform to
the following principles of natural justice:
-
the accused should be given reasonable notice about the proceedings
including details of the accusation
-
all persons involved in making a decision should declare any personal interest
they may have in the proceedings
-
all decision-makers should be unbiased, non-discriminatory and act in good
faith
-
proceedings should be conducted so they are fair to all the parties
-
each party to a proceeding is entitled to ask questions and contradict the
evidence of the opposing party
-
any decision-maker should take into account relevant considerations and
extenuating circumstances, and ignore irrelevant considerations
-
justice should be seen to be done
-
the accused will be found guilty only if the disciplinary authority finds that, in
the balance of probabilities, the evidence proves the offence
-
the balance of probabilities is a sliding scale: the more serious the
allegation, the less likely it is that the event occurred and hence the
stronger the evidence needed that it did occur
-
where matters are dealt with by personal hearing, the accused is given a
reasonable opportunity to attend the hearing and participate in it,
accompanied by a friend (who is not legally qualified) if they so wish
-
where matters are dealt with by correspondence, the accused or a friend (who
is not legally qualified) is given reasonable opportunity to view the evidence
and respond to the allegations, except in safeguarding cases, where the
evidence may be redacted or summarised to protect the confidentiality
of informants
-
where the accused is a child
or an adult at risk,
the accused must have an appropriate adult
copied into all correspondence and attend any hearing
-
where the accused refuses to answer questions or provide reasonable
explanation for their actions, that refusal may be used against them
-
penalties taken against a guilty party shall be proportionate to the offence
-
where the accused admits to the offence at the first available opportunity, a
more lenient penalty is imposed
-
where any breach is proven to be motivated by or aggravated by one or more
aggravating factors, a more serious penalty is imposed
-
where any breach is targeted at one or more game officials, a more
serious penalty is imposed
-
where any breach is targeted at one or more BAFA officers, a more serious
penalty is imposed
-
penalties for repeat offenders should be more serious than for a first offence
-
when considering disciplinary cases that involve injury to another party,
the more severe the injury the more severe the sanction
-
where evidence is missing (without satisfactory explanation),
it may be inferred
that the missing evidence does not support the case made by the party
who cannot provide it
-
Where a case is dealt with by a BAFA organisation, the accused has the right of
appeal to a BAFA Appeal Committee on the grounds that
either:
-
significant evidence was not available to the disciplinary authority (although
the appellant would have to show why any new evidence was significant to
the case and why it was not submitted originally)
-
the penalties imposed are unreasonably severe
-
the procedure undertaken for disciplinary or appeal matters was unfair or
discriminatory to a significant extent
-
Proceedings dealt with by a BAFA organisation that do not conform to
the principles of Regulations 1.3.2 or 1.3.3
may be appealed to a BAFA Appeal Committee.
However, a technical breach of these principles that in the balance
of probabilities did not affect a decision or the outcome of a process
shall be disregarded.
-
BAFA shall have the power to require of any participant upon reasonable
notice:
-
their
attendance
(normally at a video conference)
to answer questions and provide information; and/or
-
the production of documents, information or other material in whatever
form held
-
The BAFA Disciplinary Officer or anyone authorised by
them
shall
be admitted to
the site of any BAFA event in order to make an investigation or to
collect evidence.
-
Proceedings will not normally be commenced more than 6 months after any
event to which it relates.
Where the accused has taken steps to conceal the
breach, the 6 months will be counted from when the breach came to light.
-
All BAFA organisations shall recognise penalties imposed by BAFA and other
BAFA organisations.
-
BAFA may recognise the disciplinary rules and sanctions of any other
sporting body
(or
institution which may be involved in the management of a team)
so that
any person suspended or banned by any other sporting or relevant
professional body may be suspended or banned concurrently by BAFA.
Before imposing any such concurrent suspension or ban, however, a BAFA
Disciplinary Committee
will
grant the person the opportunity to offer an explanation.
-
The BAFA Disciplinary Officer may provide an opinion on the interpretation
of this Code.
Such an opinion shall be binding unless subsequently overridden by a
decision of the BAFA Board.
-
The BAFA Disciplinary Officer may from time to time determine procedures
to be followed
that are
not otherwise specified in these Regulations.
Such procedures shall be binding on all participants.
2. Registration
2.1. Registrable categories
-
All persons in the following registrable categories shall be registered and pay the
appropriate fee before participating in a BAFA event:
-
players
-
coaches
-
officials
-
officers of a BAFA organisation
-
sideline person
-
All registrants shall be deemed to have made themselves familiar with
and agreed to be bound by and observe all codes of conduct, regulations,
rules and policies published by BAFA from time to time including, but
not limited, to:
-
the BAFA Code of Conduct
-
the BAFA Safeguarding Policy
-
the BAFA Complaints Policy
-
the BAFA Football Rules and Interpretations for all variants of the
sport they are participating in
-
the competition regulations applying to all competitions they are
participating in
-
the BAFCA Code of Practice for Coaches (only for those acting in a
coaching capacity)
-
the BAFRA Code of Ethics (only for those who are also members of BAFRA)
-
the UK Anti-Doping Rules, which apply to all persons registered with
BAFA for whichever is longer of a) the length of the registration, or b)
12 months from the commencement of registration.
2.2. Fit and proper person
-
BAFA reserves the right to prohibit someone who is not a fit and proper person
from carrying out any or all of the following restricted roles:
-
BAFA director
-
BAFA employee or volunteer
-
Officer of a BAFA organisation (including leagues and clubs)
-
Coach
-
Official
-
Persons may be prohibited for one or more of the following reasons:
-
criminal record, particularly for crimes of violence, crimes of
dishonesty, or crimes against children or vulnerable people
-
safeguarding reasons
-
they have been prohibited by law from being a director
-
they are or have been subject to a disciplinary suspension imposed or
recognised by BAFA
-
they are subject to a bankruptcy order, individual voluntary arrangement
or other insolvency order
-
they have been director of an organisation (BAFA or non-BAFA) while it has
suffered two or more unconnected events of insolvency
-
they have been a director of two or more organisations (BAFA or non-BAFA)
that, while they have been director, has suffered an event of insolvency
-
The fit and proper person test will apply to persons applying for or holding any of
the following positions:
-
BAFA director
-
Director of BAFRA or BAFCA
-
the BAFA Disciplinary Officer and other members of the BAFA disciplinary
team and BAFA regulatory panel
-
In addition, the fit and proper person test will apply to persons applying
for or holding any other restricted role if the BAFA Disciplinary Officer
is in possession of information that leads
them
to believe that a person may reasonably fail the test.
-
If the test is applied to a person, they must make a self-declaration.
If they fail to make a declaration they will be prohibited.
-
The contents of a self-declaration, in addition to any other relevant
information known to BAFA, will be considered by a Registration Committee.
-
In making a decision, the Panel will consider the following factors:
-
Any BAFA policy on the registration of ex-offenders
-
The seriousness of any offence and its potential relevance to the role
-
The length of time since any offence occurred
-
Any relevant information offered by the applicant about the circumstances
which led to the offence being committed
-
Whether the offence was a one-off, or part of a history of offending
-
The degree of remorse, or otherwise, expressed by the applicant and their
motivation to change
-
If a person fails the test and is prohibited, they may appeal against the decision.
See Regulation 8 Appeal Procedure.
2.3. Safeguarding
-
BAFA may bar an individual by imposing restrictions on their involvement in
American football on such terms as may be determined by BAFA in accordance
with these regulations.
-
Child means a person under the age of eighteen years as defined by the
Children Act 1989.
Children means more than one child.
-
Adult at risk means any adult who is or may be in need of community
care services, or sufferers of mental health disorders, learning or
physical disability, sensory impairment, age or illness and who is or
may be unable to take care of
themself
or unable to protect
themself
against significant harm, abuse, neglect or exploitation.
-
The Safeguarding Review Panel (SRP)
is
appointed by BAFA to implement this Regulation.
The SRP is made up of
a minimum of 3 individuals.
The members can come from the board of directors, senior volunteers
with responsibility for safeguarding and expert independent members as
appointed by the board.
-
An adult who works in regulated activity with children or adults at risk
in American football must:
-
have an enhanced Disclosure and Barring Service (DBS) check or membership
of the Protecting Vulnerable Groups (PVG) Scheme in Scotland
processed through BAFA within four weeks of their employment or
appointment
-
provide any further detail, explanation or clarification of that
disclosure as may be required by BAFA
-
provide, on request from BAFA, references that attest to their suitability
to be involved in working in regulated activity in American football
-
While awaiting their disclosure, a person may temporarily work on a paid
or voluntary basis with children provided that they are supervised at all
times during any activity with children by a person who is
DBS/PVG
cleared.
-
Any person who fails to comply with BAFA's disclosure process or is not
cleared by the enhanced DBS/PVG process
may be prohibited from participating in American football by being barred
under this regulation.
-
An individual may be barred from any BAFA event or activity on such terms and
conditions as the
SRP
considers appropriate on a case-by-case basis.
-
A bar may be imposed when the
SRP
receives:
-
notification that an individual has been charged with an offence;
-
notification that an individual is the subject of an investigation by
the police, social services or any other authority relating to an offence;
-
notification that an individual has been convicted of, or made the
subject of a caution in respect of, an offence;
-
notification of the outcome of an investigation by the police, social
services or any other authority relating to an offence; and/or
-
any other information which causes the
SRP
to believe that
a person poses or may be a risk of harm to another person.
-
In determining whether a bar should be imposed the
SRP
shall give
consideration to, but not limited to, the following factors:
-
whether a person may be at risk of harm;
-
whether the matters or offences alleged are of a serious nature; and/or
-
whether a bar is necessary or desirable to protect a person or persons
from harm.
-
If the
SRP
bars an individual,
the individual
will be promptly notified by BAFA.
The notification shall be copied to those who need to know on a
confidential basis including any relevant authorities.
The notification shall:
-
set out the reasons why the bar has been imposed;
-
advise that the individual has 14 days from the date of the notification
in which to appeal the decision under Regulation 8; and
-
that BAFA will notify the relevant statutory authorities once the appeal period
has passed or if any appeal is unsuccessful.
-
A bar may be imposed for:
-
an interim period (before, during and pending the outcome of an
investigation); or
-
a specified period (if, after further investigation, the conduct is such
that it merits a sanction and/or criminal proceedings or investigations
are underway); or
-
an
indefinite period (if it is considered that the conduct and potential
ongoing risk to a person or persons is such that it is considered
necessary, reasonable and proportionate).
-
The
SRP
may review a bar at any time if
it
chooses to do so.
When imposing a bar, the
SRP
may specify that the bar will be
reviewed after a certain period of time determined by the
SRP,
or upon a certain event (such as the completion of an investigation by
another agency, or a criminal prosecution).
-
An individual who has been barred for an indefinite period may also
request that a bar be reviewed at the stated review point stipulated in
the bar notification, and BAFA will review the bar if it is satisfied
that there is new evidence not previously considered by BAFA which shows
that the risk posed to a person or persons by the individual has reduced.
-
The
SRP
can decide to end a bar at any time if
it
decides that the circumstances justify this.
Such ending of a bar is effective upon the
SRP
confirming
this in writing.
If a bar is for a fixed term, the bar will lift at the
expiry of that term (unless ended earlier by BAFA under these regulations).
3. Code of conduct
3.1. Bring the game into disrepute
-
A BAFA participant shall at all times act in the best interests of the
game and shall not act in any manner which is improper or brings the
game into disrepute, including but not limited to:
-
participating in a game in a registrable category without being
correctly
registered with BAFA (Exception: participants representing a team from
outside Great Britain) or participating while suspended
-
being disqualified from a game
-
being removed from the playing enclosure during a game under the provisions
of Rule 9-2-7
-
misconduct before, during or after a BAFA event, including violent conduct,
serious foul play, threatening, abusive, indecent or insulting words or
behaviour or any breach of playing rules where the penalty imposed by rule is
judged to be insufficient
-
committing a criminal offence
-
violating the IFAF Code on the Prevention of Manipulation of Competitions,
including:
-
involvement in betting on any game or competition in which the participant
has any involvement, or providing information to any other person that is not
publicly available in relation to betting
-
an intentional arrangement, act or omission aimed at an improper
alteration of the result or the course of a sports competition in order to
remove all or part of the unpredictable nature of the sports competition
with a view to obtaining an undue benefit for oneself or for others
-
providing, requesting, receiving, seeking, or accepting a benefit related
to the manipulation of a competition or any other form of corruption
-
using Inside Information for the purposes of betting, any form of
manipulation of sports competitions or any other corrupt purposes whether
by the participant or via another person and/or entity
-
disclosing Inside Information to any person and/or entity, with
or without benefit, where the participant knew or should have known
that such disclosure might lead to the information being used for the
purposes of betting, any form of manipulation of competitions or any
other corrupt purposes
-
giving and/or receiving a benefit for the provision of inside information
regardless of whether any inside information is actually provided
-
failing to report at the first available opportunity details of any
violation of the Code
-
failing to cooperate with any investigation carried out under the Code
-
selling, offering or exposing for sale, either directly or indirectly, a ticket for a
game in excess of the face value of the ticket
-
incurring financial or other costs to the sport as a result of their disregard for
BAFA policies and procedures
-
making or accepting payments to participants that are not explicitly permitted,
or causing or encouraging others to do so
-
discriminating by reason of ethnic origin, colour, race, nationality,
religion
or philosophical belief,
age, gender, sexual orientation, disability, parental or marital
status, pregnancy, class or social background, trade union membership
or political belief
-
persistent criticism, disputing or questioning by a participant of
one or more
calls made by a
game
official
-
persistent criticism, harassment, disputing or questioning by a
participant of a BAFA officer
-
conduct by a coach that is contrary to the BAFCA
Code of Practice for Coaches
-
conduct by an official that is contrary to the BAFRA Code of Ethics
-
breaching the BAFA safeguarding policy, including failing to report a
safeguarding concern
-
breaching the BAFA Concussion Protocol without specific specialist
medical advice to do so
-
feigning an injury or inciting a participant to feign an injury
-
breaching the WADA World Anti-Doping Code
or the
UK Anti-Doping Rules
-
providing sideline credentials or access to persons who are not
appropriately registered with BAFA
-
making inappropriate and unauthorised public statements (including on
broadcast or
social media) about matters relating to British American football
-
failing to disclose evidence that may be material to the outcome of
proceedings under the Regulations, or
concealing or
destroying such evidence
-
attempting to breach these Regulations
-
inciting or abetting anyone to breach these Regulations
-
obstructing or showing disrespect for any proceedings held under these
Regulations,
or attempting to use these Regulations for vexatious reasons
-
an officer
of a BAFA organisation permitting their organisation to breach any
provision of Regulation 3.1.2 below
-
A BAFA organisation shall at all times act in the best interests of the
game and shall not act in any manner which is improper or brings the
game into disrepute, including but not limited to:
-
a breach of any provision of Regulation 3.1.1 by a director
or officer
of the organisation while acting on behalf of the organisation
-
making a verbal or written agreement in the reasonable knowledge that it
cannot or will not be kept
-
failing unreasonably to provide game management facilities for a BAFA game
that meet the minimum requirements of
the playing rules
-
failing to keep proper financial, membership or other relevant records as
required by law or BAFA policy
-
failing to ensure that a participant associated with the organisation complies
with a penalty or order imposed pursuant to these Regulations
-
a breach of Regulation 4.
-
a breach of any provision of Regulation 3.1.1 by
a member or
a supporter of a club or similar organisation, where that breach was
reasonably preventable
or mitigable
by the BAFA organisation
-
having a director or officer (or equivalent) who is not registered with BAFA
-
permitting an individual to participate in a game in a registrable category
without being registered with BAFA and/or without appearing
in the correct category
on the team's roster
-
registering a participant who is already registered with another
BAFA organisation, other than via the process set out in the relevant
competition regulations
-
An aggravating factor in any breach is any reference to any one or a
combination of:
-
ethnic origin
-
colour
-
race
-
nationality
-
religion
or philosophical belief
-
age
-
gender
-
sexual orientation
-
disability
-
parental or marital status
-
pregnancy
-
class or social background
-
trade union membership
-
political belief
3.2. Penalties
-
All fines specified in these Regulations are reduced in youth, junior
and student leagues but with no reduction applicable to appeal and any
other administrative fees.
-
All fines and fees shall be paid to BAFA.
-
A club is responsible for the payment of any fine or fee incurred by
a participant registered with it.
It is then up to the club whether or
not to reclaim the money from the individual, but that process is not
part of the BAFA Regulations.
(A club
may regard an unpaid amount by a participant as a club debt and prevent that
person registering for another club.)
-
A club must pay all fines and fees within 28 days of becoming due
(and regardless of whether an invoice is issued or not).
A fine for a
disqualification or a person removed from the playing enclosure becomes
due on the day of the offence.
Other fines/fees become due when notified
to the club.
-
A 50% discount is automatically applicable for a fine resulting from a
fixed penalty provided BAFA receives full payment within 14 days of the
offence.
The full fine is due after 14 days.
-
Where a fine or fee relates to a suspended participant or organisation, that
person or organisation's suspension will automatically continue until the fine or
fee is paid.
If not paid within 28 days, the fine or fee will be automatically doubled
and the person or organisation suspended for a further one game.
A further one
game suspension will be added for each further 28 days the fine or fee remains
unpaid.
3.3. Fixed penalty offences
-
The following breaches of the Code of Conduct may be regarded as fixed
penalty offences:
-
participating in a game without being
correctly
registered with BAFA
-
permitting an individual to participate in a game without appearing
in the correct category
on a team's roster
-
being disqualified from a game
-
being removed from the playing enclosure during a game under the provisions
of Rule 9-2-7
-
misconduct before, during or after a BAFA event, including violent conduct,
serious foul play, threatening, abusive, indecent or insulting words or
behaviour
-
In the event of any of the above, the BAFA Disciplinary Officer may determine
that the breach was so severe that the case should be dealt with under full
disciplinary proceedings.
-
The fixed penalty offences involve suspensions and fines as follows:
|
Offence
|
Suspension |
Fine if paid within 14 days
|
Fine (paid within 28 days)
|
Fine if not paid within 28 days
|
|
First offence |
Minimum 1 game |
£25 |
£50 |
£100
|
|
Second offence |
Minimum 2 games |
£60 |
£120 |
£240
|
|
Third offence |
Minimum 12 months |
£120 |
£240 |
£480
|
-
Where an offence involves misconduct directed at one or more game
officials, then the above suspensions and fines will be doubled.
If a disqualification arises from two unsportsmanlike conduct fouls,
this will apply if either or both fouls were directed at a game official.
-
A player is given an automatic playing suspension.
Any other participant is given an automatic game day suspension.
-
A fixed penalty shall be considered as "spent" 12 months after it takes place.
-
Fixed penalties arising from disqualifications and being removed from the playing
enclosure will have immediate effect and fines will become immediately due
unless an appeal is lodged with the BAFA Disciplinary Officer within the limits set
in Regulation 8.
Any appeal not so notified will be void.
-
Fixed penalties arising for other reasons will take effect from when notified to the
relevant club and fines will become immediately due unless an appeal is lodged
with the BAFA Disciplinary Officer within the limits set in Regulation
8.
Any appeal
not so notified will be void.
-
The appeal may be made either by the participant
themself
or on
their
behalf by
their
organisation.
-
Appeals against a fixed penalty may only be made on the grounds that:
-
the person penalised was not the one who committed the breach (mistaken
identity), or
-
no breach was committed (there must be evidence that, in the balance of
probabilities, the breach did not take place, or (in the case of a
disqualification) the
game
officials
misapplied a rule)
-
while a breach was technically committed, the penalty was clearly
disproportionately severe
-
All appeals must be supported by video
and/or
other evidence.
-
Appeals will be considered by an Appeal Committee, normally within no less than
3 and no more than 14 days of the fixed penalty, provided all parties have had a
reasonable opportunity to submit evidence.
-
Serving the suspension and payment of the fine means that no further
proceedings may then be brought against the participant in respect of the breach.
-
A team that permits a suspended person to participate will normally forfeit the
game and be subject to disciplinary action.
3.4. Penalties for other breaches
-
A disciplinary authority may impose one or more of the following penalties
against a BAFA participant:
-
issue them with a written warning concerning their conduct
-
issue a fine, which can be of no more than
£120
for a first offence
-
issue a playing or game day suspension for a stipulated number of games
-
issue a total suspension from all or certain specified BAFA events for
a stipulated period of time or number of games
-
prohibit them serving as an officer of a BAFA organisation for a
stipulated period of time
-
issue them with a compensation order requiring them to make restitution
for their breach
-
reduce, remove or suspend for a period of time any BAFA-related
qualification or membership category, or BAFA's recognition of a
qualification issued outside the sport
-
A disciplinary authority may impose one or more of the following penalties against
a BAFA organisation:
-
issue it with a written warning concerning their conduct
-
issue a fine of no more than
£600
for a first offence
-
if a club, disqualify any of its teams from a competition (or part thereof),
suspend it from playing games, deduct a stipulated number of league points,
prohibit it from entering international competition or playing overseas for a
stipulated period of time, or prohibit it from organising or attending BAFA
events for a stipulated period of time
-
suspend it from a parent organisation for a stipulated period of time
-
impose any of the penalties listed in 3.4.1 above on
any of the officers of the organisation
-
issue
it
with a compensation order requiring
it
to make restitution for
its
breach
-
An individual or organisation not affiliated to BAFA may be excluded from BAFA
affiliation for a period of time and/or have any of the above penalties imposed on
them as a condition of future registration.
-
Any penalty may be deferred for a stipulated period.
The penalty will become applicable if the accused is found guilty of
any further offence within that period, unless
the BAFA Disciplinary Officer believes
there is a good reason not to impose it.
Deferred penalties will normally
only be used where there is evidence of extenuating circumstances that mitigate
the accused's actions or intentions.
-
A written warning alone may be imposed only for a first offence and where the
offence is determined to be minor.
-
The penalty for a second offence in any category will normally be double the
penalty for a first offence.
The penalty for a third offence in any category will
normally be treble the penalty for a first offence.
The penalty for a fourth offence
will normally involve a period of suspension from the sport for a number of years.
-
For appeals against disqualifications and appeals against other disciplinary
decisions, a participant's penalty shall normally be doubled where a disciplinary
or appeal authority denies an appeal and believes that the appeal was made:
-
on unreasonable or substantially mistaken grounds; or
-
substantially in order to permit a participant to participate in a game
for which
they were
otherwise suspended; or
-
for vexatious reasons.
3.5. Suspensions
-
There are four types of suspension:
-
A playing suspension is where a player is suspended from playing in a game.
While suspended,
they
may stand in
their
team area during the game, provided
that
they are
not in uniform (exception -
they
may wear a jersey in
their
team's colours) and that
they are
wearing any necessary credentials.
Note: a playing suspension cannot be imposed on any participant who is
not a player.
-
A game day suspension is where a participant is suspended from any
participation in a game.
While suspended,
they
may not enter the playing
enclosure (as defined in Rule 2-31-5), communicate in
any way with anyone who is in the playing enclosure, or otherwise draw
the attention of anyone in the playing enclosure from two hours before
kickoff until two hours after the game has finished.
-
A total suspension is where a participant is suspended from any participation
in a BAFA event.
Unless stated otherwise, this includes all games played by
the participant's team or any other team, any coaching activity, any
officiating activity, or any activity at a BAFA event.
While suspended, for a game
they
may not enter the playing enclosure (as
defined in Rule 2-31-5), communicate in any way with
anyone who is in the playing enclosure, or otherwise draw the attention
of anyone in the playing enclosure from two hours before kickoff until
two hours after the game has finished.
While suspended, for any other BAFA event,
they
may not enter the site of the event or otherwise draw the attention of
anyone at the event from two hours before the event's start until two
hours after the event's finish.
-
An organisational suspension is where an organisation is prohibited from
playing games, entering international competition, or playing overseas
or organising or participating in other BAFA events.
-
The general principle is that a participant who is suspended (or any club or other
organisation with which they are affiliated) cannot influence to their advantage the
game(s) in which the suspension shall be served.
-
Normally, a suspension for a stipulated number of games applies to the next
scheduled game(s).
-
This will normally be the next game on the team's schedule.
-
However, suspensions resulting from a competitive game (i.e. a regular
season or playoff game) will apply only to competitive games.
-
Suspensions resulting from national programme games may be served in the
offender's next club game, at the discretion of the BAFA Disciplinary
Officer.
-
If there is any question as to a team's schedule, the one notified to
BAFRA will take precedence.
-
A suspension for a stipulated period of time applies to all relevant
BAFA events that occur before the period of suspension ends.
-
Schedules cannot be rearranged to alter the game(s) for which a suspension is
served.
The recognised schedule at the time of the incident that led to the
suspension shall apply.
-
If a regular season or playoff fixture is arranged to take place before the date
of the game, the suspension will apply to the original game and the person will
be eligible to participate in the re-arranged game.
-
Further, if a fixture is cancelled at any time up to its kickoff, the suspension will
carry forward to the next scheduled game.
-
A suspended participant who has not completed a suspension, and who wishes
to transfer organisation, carries their suspension with them to their new
organisation.
If there is a hiatus between the end of membership of one
organisation and the beginning of membership of the other, and during this time,
the new organisation plays games, these games shall be counted towards
meeting the suspension unless the BAFA Disciplinary Officer rules this to be
unfair.
If a suspended participant is registered with more than one organisation
(e.g. more than one team in the same club or more than one team in different
competitions), the suspension shall normally be served with the team
they were
with when the suspension was imposed, but the BAFA Disciplinary Officer
has the power to vary this in the interests of justice.
3.6. Pro tem suspension
-
In cases where the BAFA Disciplinary Officer believes that a serious
breach of these Regulations has been committed,
they
may at
their
discretion impose pro tem a suspension (of any of the four
types) on a participant or organisation, if
they believe
any of the following conditions hold:
-
There are reasonable grounds to believe a suspension will reduce the
risk of a further breach being committed.
-
There are reasonable grounds to believe a suspension will reduce the
risk to the safety of any participant.
-
The police or another agency is investigating the case with a view to
criminal charges or civil proceedings in court.
-
The incident in question resulted in serious harm to an individual.
-
The incident in question resulted in a large amount of damage to property.
-
First-stage appeals
against a pro tem suspension may be made to the BAFA Disciplinary
Officer, who may revoke or amend the terms of the suspension if
they are
persuaded it is unreasonable.
-
Second-stage appeals may then be made to a relevant BAFA Director, who
may revoke or amend the terms of the suspension if they are persuaded
it is unreasonable.
-
Where a pro tem suspension is imposed, the period of such suspension shall be
counted as "time served" if a suspension is subsequently imposed by a
Disciplinary Committee.
If the Disciplinary Committee does not impose a
suspension, there is no compensation due to the accused.
3.7. Parole
-
Applications for parole from a suspension may be made at any time after half the
period of suspension has been served.
A participant suspended for a period of
more than 5 years (including "for life") may appeal for reinstatement at any time
after 5 years of their sentence has elapsed.
-
An application will be considered by an Appeal Committee and its decision will be
final for a period of at least one year.
-
An application will only be successful if it:
-
shows evidence of remorse
-
provides details of how the individual or organisation will be reintegrated back
into football while minimising the risk of reoffending
-
provides a plan for how the conduct of the individual or organisation will be
monitored during their period of parole
-
An individual or organisation may be granted parole on such terms and
conditions as the Appeal Committee considers appropriate on a case-by-case
basis.
-
An individual or organisation that breaches the terms or conditions of their parole
is subject to having their suspension reinstated.
-
A period of parole will normally end when the original term of suspension was
scheduled to end, if there has been no further breach.
A Disciplinary Committee
may extend the period of parole when imposing penalties for a breach committed
during a period of parole.
4. Regulations on organisations
4.1. Introduction
-
A BAFA organisation is required to conform to the following regulations.
-
Where a BAFA organisation itself has member organisations, these
regulations apply recursively to the relationship between the BAFA
organisation and its member organisations.
-
Where an organisation changes any details as required or requested below,
it must give notice to BAFA within 28 days.
Such notice will be deemed
given when received and acknowledged by a designated BAFA officer.
4.2. Corporate governance
-
A BAFA organisation must on request notify BAFA of the organisation's
governance arrangements, and provide BAFA copies of all governance
documents including but not exclusive to constitutions, articles and
memoranda of association, byelaws, rules, regulations, etc.
-
A BAFA organisation must on request notify BAFA of the officers of the
organisation (e.g. directors) and their contact details.
-
A BAFA organisation must prohibit anyone acting as a director or officer
who is prohibited by BAFA.
-
A BAFA organisation must on request report to BAFA giving details of its
implementation of these regulations.
-
A BAFA organisation must implement risk management policies and procedures
that are compatible with any BAFA risk management policy in force at the time.
4.3. Human resources and welfare
-
A BAFA organisation must ensure persons acting in any appointed capacity on
behalf of the organisation abide by all rules, regulations and guidelines for
conduct.
-
A BAFA organisation must ensure all persons acting in a coaching capacity are
qualified members of BAFCA.
-
A BAFA organisation must abide by any BAFA Equality Policy.
-
A BAFA organisation must implement child protection policies and procedures
that are compatible with any BAFA safeguarding policy in force at the time.
4.4. Financial management
-
A BAFA organisation must on request notify BAFA of the organisation's financial
year.
-
A BAFA organisation must have an independent examination or audit of its
accounts performed at least once a year.
-
A BAFA organisation must on request provide BAFA with a copy of its most recent
accounts.
-
A BAFA organisation must on request report to BAFA any financial problems (e.g.
unpaid debtors or creditors above
£1000
outstanding for more than 2 months).
4.5. Marketing and communication
-
A BAFA organisation must maintain the integrity and reputation of BAFA in all
communications.
-
A BAFA organisation must not make public statements that are contrary to BAFA
regulations.
-
A BAFA organisation must not engage in sponsorship or similar arrangements
that are judged by BAFA to be contrary to the interests of the sport.
-
A BAFA organisation must not allow music (or other performance modes)
with offensive or derogatory language to be used at a BAFA event that
it manages.
4.6. Regulations and discipline
-
A BAFA organisation must implement disciplinary policies and procedures that
are compatible with any BAFA Regulations in force at the time.
-
A BAFA organisation that takes disciplinary action against a member must
comply with Regulation 1.3.2.
4.7. Games and playing rules
-
A BAFA organisation must conduct all contests according to the BAFA playing
rules in force at the time, unless they are granted exemption in writing by the
Chair of the BAFA Rules Committee or
their
deputy.
-
BAFA may sanction teams that do not comply with
playing rules that do not have a designated penalty.
This includes failing to meet standards for game management as set out
in those rules.
-
It is prohibited to start or continue a
contact football
game where the requirements of Rule 13-8-6 are not met.
-
For contact football,
a BAFA organisation must use only BAFRA officials wherever possible, unless
they are authorised by the BAFRA Director of Operations or
their
deputy.
-
When given notice at least 24 hours before the scheduled kickoff time
that BAFRA cannot provide officials for a game:
-
The BAFA organisation acting as (home) game management must appoint at
least 3 persons who meet the minimum officiating requirement (as defined
in Rule 13-8-6-e) to officiate the game.
-
Their opponents (the away team) may also appoint additional persons.
-
In the event that the total number of persons appointed is in excess of 8, each
team will appoint 4 persons.
-
If the opponent provides at least 2 persons, the game management team's
requirement drops to a minimum of 2 persons.
-
Under no circumstances may the game commence, nor proceed if suspended, if
there are fewer than 3 officials or persons who meet the officiating
requirement (Rule 13-5-5).
-
A BAFA organisation must not schedule
a game on a date that clashes
with National Programme games or mandatory training camps, unless they
are authorised in writing by the
relevant BAFA Commission Lead
or
their
deputy.
-
A BAFA organisation must not schedule
a contact football game on a date that clashes
with BAFA "designated events" (e.g. the BAFRA
or BAFCA Conventions),
unless they are authorised in writing by the organisers of the designated
event.
-
Any game played in violation of the provisions of Regulation
4.7 will normally be forfeit by the responsible team(s).
-
If a BAFA organisation is videoing a BAFA event, the video operator must
be instructed to take all reasonable steps to record any breach of these
Regulations that may occur.
This includes the aftermath of any serious foul on the field or misconduct
off it.
-
A BAFA organisation is responsible for ensuring appropriate behaviour by
all spectators at an event it manages.
This includes, but is not limited to, preventing verbal or physical
abuse directed at opposing teams, their supporters and game officials.
Spectators are not permitted in team areas during games, and should,
wherever possible, remain in a clearly designated spectator area separated
by a physical barrier.
Where this is not possible, the BAFA organisation must ensure spectators
are supervised, particularly when in proximity to members of other BAFA
organisations.
-
If requested to do so by a game participant, a BAFA organisation must
stop the use of artificial noise makers (e.g. musical instruments,
air horns, vuvuzelas, amplified devices) at a game.
This includes youth and junior events where there may be young people
with sensory issues.
-
A BAFA team must not permit illegal coaching to take place.
Illegal coaching includes: an unregistered coach; a suspended coach;
during a game, a coach not located in the team area or press box or
using communication facilities not permitted by rule; conduct by a coach
that is contrary to the BAFCA Code of Practice for Coaches.
4.8. International participation
-
A BAFA organisation must seek BAFA's prior approval for the organisation
of any team, game or other event where the name "United Kingdom", "Great
Britain", "Britain", "England", "Scotland", "Wales", "Northern Ireland",
"National", "International", "Europe" or derivations therefrom is used.
-
A BAFA organisation must seek BAFA's prior approval for the use of
the nickname "Lions",
"Allstars" or derivations therefrom by a member team, club or other
organisation.
Existing teams using these names (on 3rd October 2008) shall be allowed to
continue to do so.
[Birmingham Lions]
-
A BAFA organisation must seek BAFA's prior approval for teams to
participate in any game:
-
outside Great Britain or
-
involving a team from outside Great Britain
Approval is unlikely to be granted if the game or opponent does not have
recognition from an IFAF member governing body or equivalent.
-
A BAFA organisation must ensure that all player
or coach
transfers to or from countries outside Great Britain must abide by the
rules of the IFAF International Transfer
Regulations.
The transfer regulations do not apply to professional leagues.
4.9. Liaison with external bodies
-
A BAFA organisation must on request keep BAFA informed of discussions with:
-
IFAF or its affiliated or successor bodies
-
any professional sports organisation
-
other UK sports governing bodies or their offshoots
-
other representative bodies
-
A BAFA organisation must not enter into any contracts or agreements with any of
the bodies listed above without prior consultation with BAFA.
-
A BAFA organisation must on request inform BAFA of any application made for
public funding.
-
A BAFA organisation must seek BAFA's prior approval for any funding
application to any scheme which requires NGB approval.
-
A BAFA organisation must on request inform BAFA of any sponsorship
agreement valued at £1000 or more.
-
A BAFA organisation must seek BAFA's prior approval for any agreement
made with an external body where that may have an effect on the sport
as a whole or another BAFA organisation.
4.10. Disputes between BAFA organisations
-
If any difference of opinion shall arise between BAFA organisations relating to the
performance by either party of its obligations or entitlements, such dispute shall
be referred in the first instance to be resolved by mediation at each party's equal
expense.
-
If not resolved by this means within 30 Business Days, then it (or any remaining
issue/s arising from any such dispute or difference on which agreement cannot
be reached) shall be referred to be dealt with and determined by arbitration, the
costs of which shall be borne and payable by the party against whom any
relevant award is then made.
-
Any such mediation or arbitration shall be referred to and conducted by such
person as shall be appointed by agreement between the parties or in the
absence of such agreement:
-
In the case of a referral for mediation, by the Chairman or governing body
for the time being of the ADR or CEDR group (or its or their equivalent at
any given time).
-
In the case of a referral for arbitration, by the Chairman or governing body
for the time being of the Royal Institute of Chartered Arbitrators (or its
equivalent at any given time).
-
Any person so appointed to arbitrate shall act as an expert and their decision
shall accordingly be binding for all purposes on the parties.
-
Any such referral for mediation or arbitration shall be deemed to be commenced
by either party giving notice to the other requiring such a referral.
5. Game regulations
5.1. Registration and rosters
-
All players, coaches, sideline persons and
game
officials
participating in a BAFA game must be registered with BAFA at the time
of the game (Exception: participants representing a team from outside
Great Britain).
Regulation 2 covers the registration process.
-
Teams shall provide the referee with a roster of their players, coaches
and other sideline persons (showing BAFA registration number, forename,
surname and jersey number or sideline role) before each game.
Where a participant has more than one role (e.g. player and coach),
they must appear in each relevant category.
-
The roster must clearly state the names and (where required) registration
numbers of all team coaches, and indicate who is the head coach.
-
Persons serving a suspension or for whom an appeal has been lodged must be
included and clearly marked.
If a suspended person is not so marked,
they
may not be considered as having served the suspension.
It is a team's responsibility to know who is suspended and to correctly
mark them.
-
Any person (including all squad members) who appears on the roster form
is regarded as having participated in the game unless marked otherwise.
-
Additions to the roster
shall not be permitted after the game has kicked off.
A competition authority
may set an earlier deadline.
-
The referee shall provide each team with a list of the
game
officials.
-
The game shall not commence until all lists have been provided and meet
the requirements above.
-
The game shall not commence (or proceed if suspended) if there are fewer
than 3 licensed officials (or licensed coaches acting as officials).
-
The game shall not commence (or proceed if suspended) if each team does
not have at least
the minimum number of
licensed coaches defined by the competition authority.
-
The game shall not commence (or proceed if suspended) if a team does
not have at least the minimum number of squad members
(fit to play, if needed)
defined by the competition authority.
-
If a squad member in uniform,
coach or other person in the team area
does not appear
in the correct category
on
their
team's roster
then, upon discovery,
they
shall be disqualified from the game.
5.2. Incident reports
-
The referee (or another
game
official)
for each game shall report all incidents of:
-
disqualified
persons
-
persons removed under Rule 9-2-7
-
persons not appearing
correctly
on the roster
-
allegations that teams played unregistered or suspended players
-
breach of mandatory game management requirements
or any other matter for report
as set out in
the playing rules
-
Any
game
official
(including an assessor who has been officially appointed to attend the
game) may report any incident of:
-
misconduct by any BAFA participant (including suspected breaches of this
code)
-
The referee (or another
game
official)
or an authorised officer of a BAFA organisation
[ The list of authorised persons is:
BAFA Disciplinary Officer or
their
deputy
BAFRA President or
their
deputy
BAFCA
Chair
or
their
deputy
BAFA
Commission Lead
or
their
deputy
]
may, after viewing a video (or other record) of a BAFA event, report
any incident of:
-
foul play that in their opinion should have resulted in disqualification
of a
person subject to the rules,
including a player called for a foul for initiating contact/targeting an
opponent (under Rules 9-1-3 or 9-1-4)
or a flagrant personal foul or flagrant unsportsmanlike conduct that
game officials did not call
-
a person participating in the game who did not appear on the roster
-
a person participating in the game while suspended
-
misconduct by any BAFA participant (including suspected breaches of this
code)
-
a
person subject to the rules
who is disqualified from the game due to a flagrant personal foul
or flagrant unsportsmanlike conduct so serious that it may merit an
additional penalty
-
Any
game
official
who has made a report (or an authorised officer of BAFRA acting on their
behalf) may, with the consent of the BAFA Disciplinary Officer, withdraw
a report submitted as above if, after viewing a video (or other record)
of a game, it is realised that the report was submitted in error,
or that the foul committed was not on reflection flagrant enough to
warrant disqualification.
-
Referees' reports shall normally be made in the first instance by 8pm on
the Monday following a weekend game, or within 48 hours of any other game.
Further reports must be submitted to arrive normally within 7
days.
Reports arising from viewing video must be submitted normally within 7
days of the video becoming available to the viewer.
-
Reports shall be made to the BAFA Disciplinary Officer.
6. Competition complaints and appeals
-
Complaints about the governance or administration of a BAFA-sanctioned
competition shall be directed to the competition authority in the first
instance.
If
the complainant is not satisfied with the response, or does not receive a response
within 72 hours (or 14 days outside the competition period), then the following
appeal procedure may be used.
-
An authorised officer of a club or team in a BAFA-sanctioned competition may
lodge an appeal on behalf of their club against a decision made by the
competition authority.
A joint appeal on behalf of several clubs or teams can also
be made.
-
An appeal may be made against (but is not limited to) decisions about:
-
qualification or entry into competition
-
eligibility of teams and personnel
-
results where they have been determined by the competition authority
-
the imposition of sanctions
-
An appeal can be made about a decision impacting one team directly but that
affects the appealing team(s) indirectly.
-
An appeal is likely to be upheld if it can be shown that:
-
the competition authority did not correctly apply a BAFA rule, regulation or
its own competition regulations
-
the competition regulations or policies under which the decision were
made are not in accordance with BAFA rules, regulations or in the best
interests of the game as a whole
-
An appeal is likely to be rejected if it can be shown that:
-
there is no
significant
impact on a match result, league table or the outcome of the competition
-
the affected team(s) approved the decision or the process by which the
decision was made
-
the decision was made by a
game
official
in the context of a BAFA game
-
the appeal is judged to be made for vexatious reasons
-
A competition appeal that relates to the conduct of an individual or club
and which could be considered as a breach of Regulation 3
will be dealt with as a disciplinary case.
-
Appeals are dealt with under the procedure set out in Regulation
8.
-
Disciplinary action may be taken against complainants who are believed
to be making appeals for vexatious reasons.
7. Procedures for regulatory cases
7.1. General principles
-
A BAFA regulatory proceeding is a proceeding of a sports association and not of
a Court.
-
The Convener shall normally be the BAFA Disciplinary Officer or one of
their
deputies.
-
Once notified of a matter, and having assured that the matter is within BAFA's
jurisdiction, the Convenor shall constitute a Regulatory Committee to deal with
the case.
A Regulatory Committee may be a Disciplinary Committee, a
Registration Committee, a Safeguarding Committee, or an Appeal Committee
considering matters within the scope of Regulation 8.
-
The Convenor shall:
-
appoint a chair of the Committee
-
appoint at least two other persons to be members of the Committee
-
in consultation with the chair and the accused/appellant, decide whether the
matter is best dealt with by hearing or correspondence
-
The chair and members of the Committee shall be persons who have had no
previous major involvement in the matter under consideration.
They shall not be
excluded solely because they have heard a case against the accused/appellant
before.
-
The chair or members of the Committee shall declare any sporting, personal or
other relationship they have or had with any party to the case, and the
accused/appellant may raise any objections to their involvement, but will not
normally be excluded from consideration of a case unless that relationship is/was
particularly close or the objection is a serious one.
The BAFA Disciplinary
Officer's decision is final.
-
The Convenor is not a member of the Regulatory Committee, but shall
attend any hearing and be copied in on all correspondence relating to
a matter.
The Convenor's advice may be sought by the Committee or any party on
interpretation of these regulations or any other matter relating to
the proceedings.
-
Any BAFA Regulatory Committee business will normally be conducted by
correspondence.
Exceptionally, the BAFA Disciplinary Officer may decide that
business will be conducted by means of a hearing attended by relevant parties.
In
either case, any reasonable technology may be used to facilitate the business
and the input of the participants provided the principles of natural justice are
maintained.
-
The costs of conducting a hearing or correspondence shall be borne by BAFA
except:
-
where the costs of the hearing or correspondence are caused or increased
due to a request or action by the accused/appellant; AND
-
the Committee finds against the accused/appellant
In such cases, the Committee may order that the accused/appellant shall pay all
or part of the costs.
-
All Regulatory Committee matters shall be dealt with as soon as is
practically possible.
7.2. Procedures for reviewing cases
-
The BAFA Disciplinary Officer
or their deputy
may, in exceptional circumstances where in
their
view a sanction imposed by a disciplinary authority is
inappropriate, appeal against the sanction imposed.
-
Additionally, in exceptional circumstances, where a participant or
organisation has been cleared of the charges faced, the BAFA Disciplinary
Officer shall have the right to appeal against that finding.
7.3. Appointments
-
The BAFA Disciplinary Officer and
their
deputies shall be appointed from time to
time by the
Chief Executive Officer.
-
Where the BAFA Disciplinary Officer is unavailable for a significant
period of time, or involved in a case as a complainant, one of
their
deputies shall act for
them.
The
Chief Executive Officer
may make a temporary appointment if neither the Disciplinary Officer
nor any of
their
deputies is available or able to act.
-
The BAFA Disciplinary Officer may appoint one of their deputies to act
for them in relation to any aspect of these Regulations.
-
Members of the BAFA Regulatory Panel shall be appointed from time to
time by the
Chief Executive Officer.
Members of the Regulatory Panel may have specialisms in
-
discipline
-
registration
-
safeguarding
-
competitions
-
A Regulatory Committee shall, wherever practicable, include at least
one member with the relevant specialism.
-
Wherever practicable, the chair and members of a BAFA Regulatory
Committee shall be persons who have been trained in the Regulations and
their application.
7.4. Notices
-
Any notice or other communication required to be given by a party pursuant
to these Regulations must be given in writing and must be sent by first
class post or transmitted by
e-mail.
If sent by first class post, the notice or other communication shall
be deemed to have been given on the "Working Day" following the day it
is sent.
If transmitted by
email before 5pm (London time) on a
Working Day, the notice of communication shall be deemed to have been
given on that Working Day.
If transmitted on a non-Working Day, or at or after 5pm (London time)
on a Working Day, the notice or other communication shall be deemed to
have been given on the next Working Day.
-
A party's last-known residence, place of business
or email address
shall be a valid address for the purpose of any notice or other
communication unless notification of a change to such address has been
communicated to BAFA.
-
BAFA reserves the right to publicise the results of disciplinary cases
via the media or its own publications.
Such notices will normally be maintained for at least
one year and no more than two years.
7.5. Evidence
-
All relevant data will be retained during any investigation and data
collected during an investigation will be retained as supporting evidence
in any regulatory process.
-
Evidence used in a regulatory case will be retained for up to seven
years or two years beyond the end of a suspension (whichever is longer)
and then destroyed.
This information will be kept for the purpose of informing decisions on
repeat offences.
-
All retained evidence will be held securely.
It will only be accessible by the BAFA Disciplinary Officer and
their
deputies.
8. Procedures for appeals
8.1. Scope of the appeal procedure
-
This procedure applies to the following:
-
appeals against fixed penalties issued in accordance with Regulation
3.3
-
appeals against other cases brought in accordance with the Code of Conduct
(Regulation 3)
-
appeals against registration and safeguarding decisions (Regulation
2)
-
appeals against decisions made by competition authorities (Regulation
6)
-
applications for parole (Regulation 3.7)
-
appeals arising from decisions made under any other BAFA policy,
procedure, rule or regulation
8.2. Form and deadline for appeals
-
A notice of appeal shall be notified to BAFA within the following
timescale:
-
This notice must be in writing and contain or be accompanied by:
-
the appellant's name, address and relevant contact details (and date of
birth if under 18)
-
what the appellant is appealing against, and what remedy they request
-
if applicable, an application to stay the execution of the decision
appealed against, together with reasons
-
a
£60
(£120 for appeals against decisions made by competition authorities)
administration fee, which will be retained if the appeal is unsuccessful
-
Within 10 days of sending the notice
(5 days for appeals against fixed penalties),
the appellant must submit a statement of appeal (failing which the appeal
will be deemed to be withdrawn) containing or accompanied by:
-
a statement of the facts and relevant elements of the Regulations upon
which the appellant is relying
-
copies of any evidence upon which the appellant is relying
-
Appeals that do not relate to any subsection of Regulation 8.2.7
(below), or specific appeal provisions of other Regulations, will be void.
-
Where an appeal is made against the decision(s) of a Regulatory Committee,
that Committee shall make a submission to the Appeal Committee justifying
its decision(s).
-
An Appeal Committee will be formed from members of the BAFA Regulatory
Panel, excluding any involved previously in the case in question.
-
An Appeal Committee shall not substitute its judgement for that of any
Regulatory Committee (or the
SRP
acting as a Regulatory Committee), except that it may:
-
Order that a Regulatory Committee shall reconsider a case in the light
of new evidence that could not reasonably have been available to the
Regulatory Committee at the time it considered the case.
-
Determine that the procedure in a regulatory case was conducted so
incorrectly as to bring into reasonable doubt the finding of a case,
and order that the case be reconsidered either by the original Regulatory
Committee or by a new one.
-
Determine that the sanction imposed in a case was unreasonably severe
or unreasonably lenient, and order that the case be referred back to
the Regulatory Committee for a reasonable sanction to be imposed.
(The Appeal Committee may recommend a reasonable sanction, or recommend
a range within which a sanction would be thought reasonable).
-
A BAFA Appeal Committee shall not normally consider any case dealt with
by a BAFA organisation until it has been dealt with by the final appeals
process of that BAFA organisation.
This can be waived with the agreement of the BAFA organisation concerned.
-
Any appeal against the decision of any BAFA Appeal Committee shall
be made within 28 days to a tribunal of arbitrator(s) appointed in
accordance with the Arbitration Rules (as amended from time to time) of
Sport Resolutions (UK) (a trading name of The Sports Dispute Resolution
Panel Ltd - Company No. 3351039).
The Appeal shall be governed by the Arbitration Act 1996 and Sport
Resolutions (UK)'s Appeal Arbitration Rules, which Rules are deemed to
be incorporated by reference to this clause.
The decision of the tribunal shall be final and binding on all concerned.
BAFA may require an appellant to pay all or part of its costs should
the arbitrator find against the appellant.
×
9. Appendix -- Guidance on supplying evidence
So that our disciplinary processes work efficiently and effectively,
please follow these guidelines.
Note that BAFA does not employ anyone to directly investigate disciplinary
matters, so it is normally reliant on individuals and clubs to collect
evidence on its behalf.
9.1. Video evidence
-
When submitting video evidence (e.g. when appealing a disqualification
or when reporting a serious incident), please also provide the following
information:
-
the jersey colour and number, and the position in the offensive/defensive
or special teams formation, of any relevant player(s);
-
a brief textual description of what you think the video shows the relevant
player(s) doing; and
-
the quarter of the game in which the incident occurred and the time
remaining in the quarter, if known.
-
Ideally, video evidence of an incident will be clipped from a longer
video. Where available, include in the clip approximately 40 seconds of
video from before the incident started and 40 seconds after the incident
has completely ended (including being dealt with by the officials,
if applicable).
-
In descriptions, avoid creating confusion between what is the left/right
of the field and what is the left/right from the camera's viewpoint.
9.2. Written evidence
-
Witness statements are an important part of the evidence in many cases, especially in cases that revolve around what someone said or did.
-
Witness statements must:
-
identify the witness by full name and their role in the event
(e.g. player, coach, spectator, official, club member, club officer)
-
declare any relationship to the accused and their team
-
declare any relationship to the victim and their team
-
provide times and locations of incidents with as much accuracy as possible
-
whether statements of what someone said is a quote or paraphrased
-
identify what is hearsay (what someone told you happened rather than
what you witnessed yourself)
-
focus on the facts of the incident and the witness's interpretation
of those
-
Each witness statement must be signed and dated.
-
Any form of written or digital signature will be accepted, including
use of an email address that can be reasonably traced to the witness.
-
Joint statements where a number of witnesses all agree on the same facts
may be provided, co-signed by each witness.
Next chapter
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Editor: Jim Briggs, BAFA/BAFRA Rules Committee
rules@britishamericanfootball.org