`BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION GRIEVANCES: Grievance Procedures: Where a person, be they a member or an officer or other employee of the Association, has a grievance arising from their involvement in the activities of the Association, whatever that may be, with another such member, officer or employee of the Association, and that person considers the grievance warrants investigation and action by the Association that person shall follow the following procedure. 1.1 Grievances Officer: The person shall contact, either by telephone or in writing, the Association Grievances Officer, appointed by the Committee of Management, and advise they have a grievance, which they wish to discuss. The identity of the nominated Association Grievances Officer will be communicated to all parties within the Association by written notice. Where a grievance is to be submitted in writing it should be addressed clearly to the Association Grievances Officer and marked “Private and Confidential”. 1.2 Action by Grievance Officer: (a) Where a grievance has been received by the Association Grievances Officer he shall, as soon as practicable, meet with, or discuss the grievance with the aggrieved party. The Association Grievances Officer may take whatever steps and conduct whatever investigations necessary to determine whether the grievance is legitimate. (b) Where the Association Grievances Officer determines the grievance is legitimate they shall take all reasonable steps to resolve the grievance. (c) Where the Association Grievances Officer determines the grievance is not legitimate they shall advise the aggrieved party accordingly. If the aggrieved party is not satisfied with the Association Grievances Officer’s determination they may take whatever further action they consider necessary or appropriate including requesting the commencement of judicial action under these Rules. (d) Where the Association Grievances Officer is unable to resolve a grievance or considers the grievance of a very serious nature they shall report the grievance to the Executive officer and/or the Committee of Management for action. (e) All grievances received by the Association Grievances Officer, and all information surrounding the circumstances of a grievance which is discovered by the Association Grievances Officer on investigation shall be confidential and may be communicated only to the Executive Officer and/or the Committee of Management. 1.3 Procedures by Grievance Officer: In investigating a grievance and/or determining its legitimacy, the Association Grievances Officer shall observe and apply the procedures applicable to a proceeding before a Judiciary Committee under Rule 1.4 below in so far as they are applicable. 1.4 Procedure at Proceedings: (a) The Judiciary Committee Chairman shall announce the opening of the proceedings, stating the Judiciary Committee’s authority, jurisdiction, composition and the nature and purpose(s) of the proceedings. (b) The procedure to be followed at the proceedings shall be clearly explained by the Judiciary Committee Chairman. The Judiciary Committee Chairman shall state who is entitled to be present throughout proceedings during evidence and submissions. (c) The matter(s) which is/are the subject of proceedings shall then be read to the person(s) concerned. The body or person reporting the matter(s) shall be given an opportunity to report the circumstances of those matter(s). The person(s) concerned will be given the opportunity to respond to this report and present evidence/submissions as to their view of the circumstances of the matter(s). Any witnesses called by either the reporting body or the person(s) concerned will be given the opportunity to evidence or make submissions. Witnesses may be questioned on their evidence. Evidence and/or submissions may be tendered in writing. (d) The Judiciary Committee will consider the evidence presented. The Judiciary Committee may adjourn the hearing if it considers it necessary. No other person shall be present or partake in any discussion with the Judiciary Committee at this time. If the Judiciary Committee finds an offence has not been committed or not proved it will advise the referring authority and dismiss the charge, accordingly. (e) If the Judiciary Committee finds an offence has been committed or proved, it may impose, in its discretion, an appropriate penalty or penalties, or it may report its findings to the referring authority with such recommendations as it considers appropriate. The Judiciary Committee Chairman will declare proceedings closed. (f) If the decision cannot be given immediately after proceedings, the relevant party or parties must be advised of the time and place at which the decision will be given. The decision, any penalty, the reasons for the decision and notice of the person’s appeal rights shall be given in writing and signed by the Judiciary Committee Chairman. A referring authority must advise persons found guilty of an offence under these Regulations of their rights of appeal. (g) Every decision of a Judiciary Committee appointed by the Committee of Management under these Rules shall be conveyed in writing to the parties concerned. BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION INDEPENDENT TRIBUNAL SEASON 2006 Chairman: David Lewien (Bairnsdale)/Trevor Jackson (Lakes Entrance) Members: Bairnsdale: Graeme Morgan, Alan Loader, Trevor Bourke. Lakes Entrance: Dan Ford, Norm Gray. Tribunal Meetings are usually held at the Bairnsdale R.S.L. or the Lakes Entrance Bowls Club on the Tuesday following the report. Meetings commence at 7:30 p.m. Any change to the above will be communicated to all parties by the Tribunal Secretary. BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION INDEPENDENT TRIBUNAL “RUNNING SHEET” 1. CHAIRMAN: This session of the Bairnsdale and District Junior Football Association’s Independent Tribunal is now open. Mr. Secretary, would you make the introductions? 2. SECRETARY: The Chairman for this hearing is _________________________ The Panel members are ____________________ and _______________________ The Reported Player is _______________________ His Advocate is______________________________ The Offended Player is _______________________________ His Advocate is ___________________________________ The Reporting Umpire is ______________________________________ His Advocate is ______________________________________ 3. CHAIRMAN: Are you player number ___________ of the _____________________ Football Club, the Reported Player? Are you umpire _____________________________, the Reporting Umpire? 1. CHAIRMAN: Would the Offended Player and all witnesses please vacate the room until called. 2. CHAIRMAN: Asks Player’s Advocate: Do you object to any member of the Tribunal hearing and determining this matter or the report? Reads umpire’s report sheet. Asks Player’s Advocate if he has any objections or submissions in respect of the report? Ask the Umpire or his Advocate: Do you now seek to amend the report? If any objection is raised on an issue, it should be appropriately dealt with by the Tribunal. 3. CHAIRMAN: Player number _____ of _____________________________ Football Club, you have heard the charge. How do you plead? Guilty or Not Guilty? 4. PLAYER: Responds 5. CHAIRMAN: Umpire _______________________, would you please enlarge on your written report. 6. UMPIRE: Responds. 7. CHAIRMAN: Asks questions of the Umpire, then asks the other panel members if they have any questions of the Umpire. The Advocates are then asked if they have any questions of the Umpire. The Charged Player may also ask questions at this time. Order for questions is Chairman; Tribunal members; Umpire’s Advocate; Charged Player; Charged Player’s Advocate; Offended Player and/or his Advocate. 8. CHAIRMAN: Asks Secretary to admit Offended Player. 9. CHAIRMAN: Player number ____ of the ____________________________ Football Club, would you give the Tribunal your version of why you think the Umpire reported Player number _________ of the ___________Football Club? 10. PLAYER: Responds. 11. CHAIRMAN: Asks questions of the Offended Player. Order for questions is Chairman; Tribunal members; Offended Player and/or his Advocate; the Umpire and/or the Umpire’s Advocate; Charged Player; Charged Player’s Advocate. 12. CHAIRMAN: Asks the Charged Player: Are you Player number ____ of the _________________________ Football Club? Would you give your version of the reported incident? 13. PLAYER: Responds. 14. CHAIRMAN: Any questions of the Charged Player. Order for questions is Chairman; Tribunal members; Charged Player; Charged Player’s Advocate; Umpire and/or Umpire’s Advocate; Offended Player and/or his Advocate. 15. CHAIRMAN: Ask for any witnesses to be called and may be questioned by all parties. Charged Player’s witnesses to be called before any witnesses for the Offended Player. The Independent Tribunal should carefully consider the status and independence of witnesses giving evidence when assessing the weighting of the credibility of the evidence given. 16. CHAIRMAN: Asks parties if they have any more questions of anyone. 17. CHAIRMAN: To ensure ‘Natural Justice’ to all parties concerned, you are reminded of Rule 8.6 of the V.C.F.L. Handbook. 18. CHAIRMAN: Reads V.C.F.L. Rule 9.3. ‘Players or officials who, or Clubs which, are disqualified or penalised for, or in conjunction with, field offences during the progress of a match, have the ‘Right of Appeal’ against the decision of the Independent Tribunal.’ 19. CHAIRMAN: Asks if all parties are satisfied that all available evidence has been presented to the Tribunal. 20. CHAIRMAN: Asks for summing up by (i) Umpires or Umpire’s Advocate. (ii) Advocate for the Offended Player. (iii) Advocate for the Charged Player. 21. CHAIRMAN: Asks all parties, including Tribunal Secretary, to vacate the room. 22. TRIBUNAL MEMBERS CONSIDER THEIR VERDICT. 23. CHAIRMAN: Player _____________________ of ____________________ Football Club, would you stand? 24. CHAIRMAN: We have carefully considered the evidence as presented and find you (Guilty/Not Guilty) as charged. 25. CHAIRMAN: (If found Guilty). Advocate for the Charged Player. Do you wish to enter a plea on behalf of your player? 26. ADVOCATE: Responds. 27. CHAIRMAN: Asks Tribunal Secretary for the Guilty Player’s Tribunal Record over the past three years. 28. CHAIRMAN: Asks all parties, including Tribunal Secretary, to vacate the room. 29. CHAIRMAN: Recalls all parties. The penalty decided on is ________ (matches in which your Club plays for premiership points). The Chairman should be aware that this procedure applies also to players on permit as per V.C.F.L. Rule 2.1 The Chairman should also refer to Rule 9.1 Item (xiii) (g). 30. CHAIRMAN: This case is now closed and I thank you for your attendance. BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION INVESTIGATIONS OFFICER RECORD OF INTERVIEW (With Player) Investigations Officer: Are you Player _______________________________, the wearer of number ________ of the ________________________Football Club who played in the match ___________________versus _____________________ on Saturday ____________ 20______ at the _______________ Football Ground? Player response:__________________ Investigations Officer: It has been alleged that Player ____________Number __ of the ______________ Football Club was involved in an incident with Player ______________ Number ___ of the ___________ Football Club. What did you see of that alleged incident? Player response:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Investigations Officer: Asks further questions: At the conclusion of the interview the Investigation Officer reads a copy of the Interview back to the witness and the witness who agrees to the content and signs the copy of the Interview. Signature of Witness:____________________________ Date:_____________ Signature of Investigation Officer: __________________________ Date:________ BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION INVESTIGATIONS OFFICER RECORD OF INTERVIEW (With Club Official) Investigations Officer: Are you __________________________________), the Club Official of the _________________________ Football Club who attended the match ________________________ versus ____________________________ on ___________________ 20___ at the ____________________Football Ground? Club Official’s response:__________________ Investigations Officer: It has been alleged that Player __________________ Number ___ of the _______________________Football Club was involved in an incident with Player ______________________ Number ___ of the _______________ Football Club. What did you see of that alleged incident? Club Official’s response:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Investigations Officer: Asks further questions: At the conclusion of the interview the Investigation Officer reads a copy of the Interview back to the witness and the witness who agrees to the content and signs the copy of the Interview. Signature of Witness:____________________________ Date:_____________ Signature of Investigation Officer: __________________________ Date:________ BAIRNSDALE AND DISTRICT JUNIOR FOOTBALL ASSOCIATION INVESTIGATIONS OFFICER RECORD OF INTERVIEW (With Spectator) Investigations Officer: Are you _______________________________, a Spectator who attended the match ___________________________versus ___________________________ on _________________________20______ at the _______________________________ Football Ground? Spectator’s response:__________________ Investigations Officer: It has been alleged that Player ____________________ Number ____ of the ___________________________ Football Club was involved in an incident with Player ________________________ Number ____ of the _____________________________ Football Club. What did you see of that alleged incident? Spectator’s response:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Investigations Officer: Asks further questions: At the conclusion of the interview the Investigation Officer reads a copy of the Interview back to the witness and the witness who agrees to the content and signs the copy of the Interview. Signature of Witness:____________________________ Date:_____________ Signature of Investigation Officer: __________________________ Date:________ NOTICE FROM INVESTIGATION OFFICER Date:___________ Mrs. Sue MacKenzie Secretary Bairnsdale and District Junior Football Association P.O. Box 1706. Bairnsdale, VIC. 3875. Dear Sue. On ______________________ 20___ I received notification from the Bairnsdale and District Junior Football Association requesting an Investigation be conducted per VCFL Rule 5.2, into an incident that allegedly took place between Player __________________________ of the ________________________ Club and ____________________________ of the __________________________ Club. The incident referred to by the ___________________________ Football Club relates to the _____ quarter of the ___________________ grade match between the two clubs on _______________________ 20____ at the _______________________ oval. The _________________________ Club alleges that their Player, ________________________ (Number ___ of_____________) was ______________________ by _________________________________ (Number ___ of_________________________________). On the night of __________ I spoke to the victim, other players, officials and spectators at ____________________ (venue). I have taken statements from the following: ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ On the night of ___________________ I attended and interviewed player _____________________________ together with witnesses ___________________________ ____________________________ ____________________________ ____________________________ ____________________________ I have come to the following conclusion. Details of incident. After making enquires into this incident, it is my opinion that Player ____________________________________ (may / does not) have a charge to answer per VCFL Rule 5.0 of Unbecoming Conduct and therefore recommend that he (be called / does not be called) before the League Independent Tribunal to answer that charge. It is alleged that he ______________________________ Player_______________________________. I have retained possession of all original signed documents in this matter. The report is forwarded for discussion by the League Executive as to what action you should consider necessary. Signed:____________________________________ Date:_______________ ¬¬¬¬¬¬¬¬¬¬¬¬____________________________________ (League Investigation Officer)