| 1 | Disciplinary Action & Appeals by the Promoting Club | |||
| a. | Subject to the provisions of Article 9 and Rule 2, where an individual or individuals or club is alleged to have infringed the Regulations for the Conduct of Time Trials, the promoting club may hold an enquiry within 72 hours of the completion of the event and thereafter must report the circumstances to the District Committee whether or not an enquiry has been held by the promoting club. Notwithstanding the above, all disciplinary matters arising from National Championships must be referred to the Board who will appoint an Ad Hoc Committee to hear the case. | |||
| b. | The organiser, person appointed by the organiser or the organising club may take action within 72 hours of the completion of the event and disqualify/reprimand a rider, team and/or club before, during or after the event. Disqualification can be from the event and/or from prizes awarded in the event. | |||
| c. | The disqualified rider, team and/or club shall be notified of the decision in writing within 14 days of the event and, if possible, verbally within 72 hours of the completion of the event. | |||
| d. | When action has not been taken within 72 hours of the completion of the event, the organiser/organising club shall have no further powers to take disciplinary action, except that they may disqualify a rider/club from the result of the event where it is found that they did not complete the course. | |||
| e. | The event organiser, or other appointed person shall notify the District Secretary within 14 days of the event regarding any disciplinary action taken within 72 hours of the completion of the event and/or any complaints that the organiser/club was unable to make a decision about within 72 hours of the completion of the event, giving all such details as are known at that time. | |||
| f. | The individual, or individuals, or club upon whom or on which any penalty is imposed by the promoting club shall have a right of appeal to the appropriate District Committee. Notice of appeal shall be in writing, signed by the appellant or their or its duly authorised representative, and shall be served on the appropriate District Secretary not later than 14 days from the date on which notification of the decision of the promoting club is received by the individual, or individuals, or club concerned. Any such appeal shall be taken, by the District Committee, as a rehearing of the charge or charges following the procedure laid down in Rules 2, 3,4,5 & 6 provided that the promoting club shall be notified of the time and place of the rehearing and shall be entitled to be represented at such rehearing. | |||
| 2 | The Company’s General Responsibility | |||
| a. | Where an offence is alleged in connection with a time trial the District Committee within whose area such alleged offence occurs shall have jurisdiction to hold an investigation (whether or not a report has been received from the promoting club). Provided that where an investigation is held by a District Committee other than that having jurisdiction by virtue of this Rule, such proceedings shall not be automatically invalidated but an aggrieved individual or club may require the proceedings to be transferred to the District Committee having jurisdiction. | |||
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b.
c. |
All other alleged offences against the Rules and Regulations shall be dealt with by the District Committee to which the individual's club(s) concerned is/are affiliated. A complaint in relation to an alleged offence shall be made in writing and must be received by the relevant district secretary within 14 days of the completion of the event in default of which (subject to sub paragraph (e) this Rule) no disciplinary action shall be taken against the rider, team and/or club the subject matter of the complaint. |
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| d. |
Where a rehearing has been ordered, this must take place within 28 days of the decision to rehear the case having been taken. |
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| e. | Notwithstanding the provisions of paragraphs (a) and (b) of this Rule the Board shall have power to take any action which it shall deem necessary to safeguard the interests of the sport, or in cases of urgency. In such cases it shall have all the powers of a District Committee in addition to its own powers. |
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| 3 | Action & Procedures prior to a hearing | |||
| a. |
Where action was not taken within 24 hours of the completion of the event, the individual, or individuals, or club concerned (the accused) shall be notified by the District Secretary of the allegations made and shall have the right to reply to the allegations. Such notification to the accused shall be in writing and (save in exceptional circumstances*) shall be made within 14 days of a complaint being received by the District Secretary. (*e.g. should the rider be badly injured). |
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| b. | If the accused wishes to reply to the allegation then such reply must be in writing, signed by the accused or their representative authorised in accordance with paragraph 4(a) hereof, and shall be served on the appropriate District Secretary not later than 14 days from the date on which notification of the allegation was sent to the accused. After receiving the reply, or after 16 days from sending the notice of the allegation should no reply have been received, and if the offence is regarded as minor the District Secretary and Chair may decide to issue a warning letter to the accused. | |||
| c. | If the accused wishes to appeal against a warning letter, notice of appeal shall be in writing, signed by the accused or their duly authorised representative, and shall be served on the appropriate District Secretary not later than 14 days from the date on which the warning letter was sent. The complaint will then be considered under the provisions of rule 3(e). | |||
| d. | Should the District Secretary and Chair decide that the offence is not a minor offence the District Secretary and Chair shall decide whether or not a Disciplinary Hearing should be held. If the District Secretary and Chair decide not to proceed to a Disciplinary Hearing they shall report this to the relevant District Committee who shall have the power to overrule that decision and to have the complaint referred to a Disciplinary Hearing. | |||
| e. | Following the decision to hold a Disciplinary Hearing (whether such decision is made by the District Secretary and Chair, or the relevant District Committee) the accused, or where a club is concerned the General Secretary of that club, shall be given not less than 14 days clear notice to attend before the District Committee to explain the action or conduct alleged. Where the accused is less than 18 years of age on the date the alleged offence occurred then additional copies of the notice shall be sent to the parent or guardian as shown on the parental consent form, and to the General Secretary of the accused’s club. Such notice shall be in the form prescribed from time to time by the Board. | |||
| f. | In the next succeeding clauses of these Rules, the word "accused" refers either to an accused individual, a group of individuals, or an accused club as appropriate. | |||
| g. | An accused may within 7 days after receipt of a notice served under sub-paragraph (e) hereof, by counter-notice in writing, request an adjournment of the hearing of the charge or charges if in all the circumstances it would be unreasonable to require the attendance of the accused either personally or by a representative appointed, under sub-paragraph 4a hereof, on the day and time appointed. Such adjournment shall not normally be for a period exceeding 14 days and in no circumstances for a period exceeding 28 days and shall only be granted upon the authority of the District Chair whose decision shall be final. | |||
| h. | As an alternative to holding a disciplinary hearing: | |||
| i. | The District Committee may offer a specified sanction to the accused giving the accused the opportunity to: | |||
| (a) | admit the allegation; | |||
| (b) | forego the right to a disciplinary hearing and the right to an appeal; and | |||
| (c) | accept the terms of the specified sanction. | |||
| ii. | Unless within 14 days of receipt of details of the specified sanction the accused rejects the terms of the specified sanction the accused shall be deemed to have accepted the terms of such specified sanction. | |||
| iii. | If the accused rejects the terms of the specified sanction, the complaint shall proceed to a disciplinary hearing in accordance with Rule 3(e). Notice of rejection of the specified sanction shall be in writing signed by the accused or their duly authorised representative and shall be served on the appropriate district secretary not later than 14 days from receipt by the accused of details of the specified sanction. | |||
| iv. | If the accused accepts the terms of the specified sanction within the said 14 days no disciplinary hearing shall be held. |
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| 4 | Procedures at Disciplinary Hearings | |||
| a. | An accused individual, or individuals, may authorise another person (not being a Barrister, Solicitor or Legal Executive) to represent them and an accused club may authorise not more than two persons to represent it in proceedings taken under this Rule. A Barrister, Solicitor or Legal Executive may only represent an accused club if they are the regularly appointed or elected Chair or Secretary thereof. Any such authority must be in writing and must be delivered to the District Secretary not later than the start of the meeting at which the proceedings are to be held. | |||
| b. | If the accused fails to appear before the District Committee either personally or by a representative appointed under the provisions of sub-paragraph 4(a) hereof, the Committee may, if it is reasonably satisfied that the proceedings have been brought to the notice of the accused, continue with the hearing of the charge or charges alleged and if necessary exercise the disciplinary powers conferred on it by Rules 1, 2, 3, 4 & 5. However, the Committee may at any time adjourn such proceedings if it thinks fit to require the attendance before it of the accused or any witness. | |||
| c. | Any member of the Committee who is concerned in the proceedings either as: | |||
| i. | complainant, or | |||
| ii. | member of a complainant club, or | |||
| iii. | the person or member of the club against whom or which the offence is alleged, or a witness, shall retire from the Committee during the hearing of the proceedings. Where in such cases the remaining members of the Committee do not constitute a quorum, the matter shall be reported to the Chair of the Council who shall appoint an ad hoc committee of five members to hear the proceedings and who shall have all the powers of the District Committee on their behalf. | |||
| d. | Where an accused alleges any irregularity in the proceedings arising prior to the opening of the hearing the accused shall give details of the alleged irregularity at the opening of the hearing and if the Chair is satisfied as to the objection the Chair shall adjourn the proceedings to enable the irregularity to be rectified. If no objection is raised as aforesaid the accused shall be deemed to have waived any such irregularity. Any other irregularity in the proceedings shall be a ground for appeal under Rule 8. | |||
| e. | The procedure which shall be adopted by the Committee shall be as follows: | |||
| i. | The accused and/or the accused's duly appointed representative(s) are called before the Committee and their identities established. | |||
| ii. | When members of a team time trial are subjected to disciplinary proceedings, the members of the team may be examined by the Committee individually or collectively according to the circumstances of the enquiry. | |||
| iii. | Any Committee Member not present at this stage of the hearing shall not be admitted to the hearing until after the Committee's decision is reached and the decision is communicated to the accused and/or the accused's representative(s), except as a witness. | |||
| iv. | The allegation against the accused is read. | |||
| v. | The accused is asked to admit or deny the allegation. | |||
| vi. | If the accused admits the allegation a statement in explanation and mitigation may be made. The accused may then be questioned by members of the Committee and will retire while the Committee reach a decision. If, before reaching a decision, the Committee wishes to hear evidence of witnesses the procedure set out in clauses (vii) to (xi) shall be followed. | |||
| vii. | If the accused denies the allegation the Chair then outlines the procedure which shall be as follows: | |||
| a. | the first witness is called into the room | |||
| b. | they make their statement without interruption | |||
| c. | the Chair and members of the Committee question the witness | |||
| d. | The accused or, if represented, the accused's representative(s) questions the witness. | |||
| viii. | The second and subsequent witnesses are heard similarly. | |||
| ix. | The accused and/or their representative(s) are invited to state their case and may be questioned thereafter by the Chair and members of the Committee. If the accused or their representative(s) call witnesses, they are heard in a similar manner to paragraph (vii) & (viii) hereof save that the witness may be questioned by or on behalf of the accused before the Chair and members of the Committee. Witnesses having been heard, shall remain at the hearing until dismissed. | |||
| x. | The Committee may consider any written statement of evidence in the absence of the maker of the statement if it is signed by the maker and dated. The Committee may also consider a photographic copy of such a statement. The Committee may if it thinks fit adjourn the proceedings for a period not exceeding 14 days if it requires the personal attendance of the maker of the statement. | |||
| xi. | All persons other than the Committee retire while the Committee reach a decision, which shall be decided by a simple majority vote. | |||
| xii. | The Committee's decision is communicated to the accused and/or the accused's representative(s). | |||
| f. | Where the proceedings before the District Committee are a rehearing of the charge or charges by way of appeal against a decision of a promoting club under the provisions of Rule 1(b) the procedure laid down in paragraph 4(e) above shall be followed except that the duly authorised representative(s) of the promoting club shall question each witness (and the accused if the accused or the representative(s) give evidence) immediately before the Chair and members of the Committee and may state the reasons for the promoting club's decision before the close of the proceedings. | |||
| g. | A District Committee which takes disciplinary action in accordance with these Rules may: | |||
| i. | disqualify, confirm or remove the disqualification of a competitor in an event. | |||
| ii. | impose a fine on an individual or racing team, using the scale of fines determined by the Board. | |||
| iii. | warn, reprimand or suspend an individual for a time or indefinitely from competing in or officiating in connection with any event held under the Rules & Regulations . | |||
| iv. | suspend a club for a time or indefinitely from promoting any event under the Rules & Regulations. | |||
| 5 | Notices Following a Disciplinary Hearing | |||
| The District Council Secretary shall within 14 days notify the decision of the Committee and details of any penalty imposed by notice in writing to: | ||||
| i. | The accused | |||
| ii. | The General Secretary of the promoting club. | |||
| iii. | The General Secretary of the accused individual's club. | |||
| iv. | The Secretary of the District Council to which the accused belongs if different from the District Council holding the investigation. | |||
| v. | The National Secretary who shall keep a register of such decisions and penalties. | |||
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Footnote: In the case of proceedings being heard by a panel appointed by the Board, issuing of the above notifications will be the responsibility of the Chair of the panel.
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| 6 | Reports | |||
| The District Committee may publish reports of its proceedings and decisions under these Rules. | ||||
| 7 | Recognition of Suspensions | |||
| A suspension imposed or recognised by the British Cycling Federation shall normally be recognised by the Company. The Board shall have the power to vary the penalty for competition under the Rules and Regulations of the Company upon application by the suspended individual or club. | ||||
| 8 | National Appeals | |||
| a. | In the next succeeding clauses of this Rule the word "appellant" refers either to an individual, individuals or club as appropriate. | |||
| b. | An appellant against whom disciplinary action has been taken under the provisions of Rule 4 and who is aggrieved by the decision shall have the right to appeal, except that an appellant who has failed to attend before the Board hearing their case, either personally or by a representative appointed under the provisions of Rule 4(a) shall have no right of appeal without special dispensation from the National Chair. | |||
| c. | Where the Chair of the Board feels that there may have been a miscarriage of justice, at a Disciplinary Hearing, the Chair may order an Appeal Hearing to re-examine the case. | |||
| d. | The lodgement of an appeal shall not (unless the National Chair so directs) suspend the operation of the decision complained of pending the hearing of the Appeal. | |||
| e. | Any notice of appeal must be in writing, signed by the appellant (or in the case of an appeal by members of a team time trial team, each and every member of the team must sign the appeal) or the appellant’s duly authorised representative. It shall state the precise grounds of appeal and include details of any new evidence that it is intended to be relied upon. In the case of an appellant upon whom or which sentence has been imposed, the notice must make clear whether the appeal is against conviction or sentence or both. Such notice must be served on the National Secretary not later than 14 days from the date on which notice of suspension or other disciplinary action is notified to the appellant. The National Secretary shall forward a copy of the notice to the Secretary of the District Council imposing the suspension or disciplinary action and the District Committee shall be represented at the hearing of the appeal by not more than two duly authorised representatives. | |||
| f. | There must be forwarded to the National Secretary with the notice of appeal, a deposit of £250 including V.A.T. as security for the expenses of the appeal, which sum may be ordered to be forfeited in whole or in part by the Appeals Committee taking into account all the circumstances of the case. | |||
| g. | Upon receipt of a notice of appeal by the National Secretary the Chair of the Council shall forthwith nominate a Committee of three from the members of the Appeals Panel to hear the appeal and shall fix a convenient date and venue for the hearing of the appeal. At least seven days notice of such date and venue shall be given to the appellant and the Secretary of the District Committee imposing the suspension or disciplinary action. | |||
| h. | An accused individual, or individuals, may authorise another person (not being a Barrister, Solicitor or Legal Executive) to represent them and an accused club may authorise not more than two persons to represent it in proceedings taken under this Rule. A Barrister, Solicitor or Legal Executive may only represent an accused club if they are the regularly appointed or elected Chair or Secretary thereof. Any such authority must be in writing and must be delivered to the Appeal Chair not later than the start of the meeting at which the proceedings are to be held. | |||
| i. | The procedure to be adopted by the Committee shall be as follows: | |||
| i. | The appellant and their or its representative(s) and representatives of the respondent District Committee, District Council or the Board are called into the room and their identities established. | |||
| ii. | The Chair reads the notice of appeal and outlines the procedure to be followed. | |||
| iii. | The appellant's case is stated. Any matter or thing, which is not covered by the notice of appeal, may not be raised. The Committee and respondents in that order question the appellant or the appellant's representatives. | |||
| iv. | The respondents state the reasons for their decision. The Committee and appellant in that order question the respondents' representatives. | |||
| v. | All persons other than the Committee retire whilst the Committee decide whether to allow the appeal, reject the appeal or themselves proceed to rehear the charge or charges against the appellant. | |||
| vii. | If the Committee decide to rehear the charge or charges it so informs the parties and thereafter follows the procedure outlined in Rule 4(e) (vi to xii) and 4f except that: | |||
| a. | the respondents to the appeal may question the appellant (if the appellant gives evidence) and the appellants' witnesses before the members of the Committee do so, | |||
| b. | neither party may put forward evidence which was not put forward at the earlier proceedings unless it can be established to the satisfaction of the Chair of the Appeals Committee, that such evidence was not readily available in the earlier proceedings and that details of such new evidence have been given. If the appellant has given such notice of their intention to introduce new evidence, details of such new evidence must be provided in written form at least 14 days before the date set for the appeal. If the Chair decides in favour of allowing the new evidence to be included the Chair shall order a rehearing whereupon the respondent Committee must be given an opportunity to reply to the new evidence. If necessary an adjournment of the appeal hearing, not exceeding 14 days, may be made. | |||
| vii. | If the appellant is substantially successful in their appeal, the Committee shall decide whether all or part of the deposit paid by the appellant under paragraph (e) of this Rule shall be returned to the appellant and whether all or any part of the expenses incurred by the appellant and the appellant's witnesses shall be reimbursed and shall notify the appellant of their decision, which shall be final. | |||
| j. | After hearing the appeal (whether or not this has included a rehearing of the original charge or charges) the Appeal Committee may confirm, vary or quash the decision under appeal and its decision shall be final. The Chair of the Appeal Committee shall notify the results of the appeal to the persons specified in Rule 5 within seven days. | |||
| 9 | Appeals Panel | |||
| The Appeals Panel shall consist of 24 individuals who shall be past or present members of the National Council but who shall not be currently members of the Board. National Council shall elect 6 individuals each year to serve for a period of four years. Additionally, replacements shall be elected to fill any vacancies that arise; the replacement shall serve for the balance of the 4 years remaining in the vacant position. | ||||
| 10 | Service of Notice | |||
| a. | The following notices shall be served by posting the same in a prepaid envelope with "signed for" delivery or such form of delivery as may replace it: | |||
| i. | Notices to attend before a District Committee required by Rule 3e | |||
| ii. | Notice to an appellant required by Rule 8f | |||
| iii. | Notice required by Rule 5(i) when the accused does not attend the disciplinary hearing. | |||
| b. | Any notice which is required to be served upon any individual or club or officer of the Council or a District Council under provisions of these Rules shall be served by posting the same in a prepaid envelope, addressed to: | |||
| i. | an individual - at their last recorded address: or | |||
| ii. | in cases where an offence is alleged in connection with a road time trial, at the address shown on the accused's entry form for that event. | |||
| iii. | a club - at the address of the General Secretary of the club shown for the time being in the register kept by the Secretary of the District Council through which the club is affiliated. | |||
| iv. | an officer of a District Council or National Council - at the address shown for that Officer in the current edition of the Handbook. | |||
| c. | Any notice served under this Rule 10 shall be deemed served on the second working day after the date of posting. |