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Rules/Regulations/Policies >> Judicial/Incident Process
Judicial/Incident Process
The judicial process covers both on field and off field incidents from Match Official reports or from complaints from individuals via clubs. Judicial hearings are only held for exceptional misconducts, serious complaints by individiuals or clubs can request judicials if they feel their misconduct penatly is above the standard penalty, case of mistaken identity or misinterpretation of the laws. To simply the process we have created a flow chart to outline the procedures and given a summary of the judicial process. After a judicial decision has been given the clubs have the right of appeal to NZF. Click here for the judicial process flowchart. Judicial Panel Each region has its own judicial panel nominated by clubs/schools to sit on the panel. Regional managers will minute the meetings and liase with the clubs but take no part in the decision making process. Guidelines for Judicial panel selection and the meeting procedure and process are shown below. INTRODUCTION Relevant Rules and Regulations that should be read in conjunction with this document
• NZ Football Rule 33 - Misconduct
• NZ Football Regulation 7 – Penalties for Misconduct by Players
• Central Soccer Regulation 4 – Judicial Committee
• Central Soccer Regulation 3 (section 16) PURPOSE OF JUDICIAL COMMITTEES • To investigate and determine outcomes and penalties in terms of NZF Rule 33
• To hold hearings in terms of NZF Regulation 7, paragraphs 4 and 5 and determine the penalties to be applied JUDICIAL PANEL STRUCTURE • Each Region shall have a Judicial Committee of a minimum of 4 people as per regulation 4
• Nominations will be sought by the Regional Manager in each Region prior to the commencement of each season
• Nominees need to have a good working knowledge of Central Soccer, local Regulations and Policies and be able to determine cause and effect without bias
• Regional Managers will confirm appointments with CEO
• Members of each Judicial Committee shall hold office for a period of 12 with the right of renewal.
• Members of the Judicial Panel may resign at any time and may be removed by the CEO HEARINGS • The Regional Manager, in consultation with the CEO or their nominee, will determine whether a Judicial Hearing is to be held based on the Misconduct Report, Incident Report, written complaint or allegation received
• A Judicial Panel will consist of 3 members drawn from the Judicial Committee
• The Judicial Panel will decide on a Chairman for each hearing
• The Judicial Panel may request that match officials attend the hearing
• The Regional Manager shall take the minutes and advise the panel on any matters relating to the Judicial
• On completion of a hearing the Regional Manager will inform the Club of the outcome in writing, including their right of appeal where a penalty has been imposed
• The Judicial panel members are the only persons entitled to vote during hearings
PREPARATION The Regional Manager will:
• Contact the Judicial Committee Members and confirm a panel of 3
• In consultation with the Judicial Panel the RM shall confirm a date, time and venue (subject to hearings taking place with in 7 days following the receipt of a misconduct report, request for a hearing or complaint)
• Prepare and send a report for all parties concerned which will include:
1. Confirmation of the date, time and venue, schedule of proceedings
2. The charge for which the hearing is being held
3. A summary of the incident
4. Copies of the Misconduct and/or Incident report, complaint or allegation and any other relevant written material
5. A copy of Regulation 7 or Rule 33 as appropriate, Regulation 3 section 16
6. A request to submit any reports and submissions relating to the incident
7. Send to all parties any additional reports and submissions received
8. Have available for the meeting any relevant NZF precedents and the Fifa Disciplinary code THE HEARING • Depending on the reason for a hearing, those entitled to be present include the Judicial Panel, offender and a support person, complainant and a support person, match officials and other witnesses & Regional Manager.
• The Regional Manager will confirm whether all parties entitled to be present are in attendance
• The Regional Manager will advise parties in attendance of the hearing procedure prior to entering the room
• In the case of Misconducts the Judicial Panel may, prior to attendance of the offender, question match officials or seek clarification on the contents of their reports if required. (It must be remembered that, in terms of Regulation 7 the Referees Misconduct Report shall be taken as fact except where there has been a case of mistaken identity or interpretation of the law)
• The chairman will invite each party in separately to the judicial. The Chairman will identify members of the panel and confirm that it is not a public forum.
• A summary outlining the reason for Judicial will be read out by the chairperson
• For misconducts the alleged offender will be asked whether they have anything further to add to any submissions already made.
• For other complaints where the allegation is denied, the Judicial Panel will hear evidence from the parties present. Witnesses will leave after giving their evidence
• The Judicial Panel members will be afforded the opportunity to ask questions of any complainant, offender and witnesses
• Once each party has been heard will be asked to leave the proceedings while the panel considers its findings
• In the case of misconducts the Judicial Panel will determine the penalty in accordance with the provisions of Regulation 7 and may take into account the previous misconduct history of the offender
• In the case of other complaints the Judicial Panel will determine whether it is satisfied that the complaint has been established. If not it shall dismiss the complaint.
• Where the complaint is established the Judicial Panel will determine the penalty in accordance with the provisions of Rule 33.
• The chairman is to indicate whether they feel a decision can be made that evening within a reasonable time frame
If so - The parties entitled to be present will be recalled and advised of the decision and any penalties imposed and their right of appeal to NZF where appropriate.
If not - The parties will be notified no later than noon the following day. CONCLUSION Within 3 days following a Judicial Hearing the Regional Manager will:
• Type up the minutes of the hearing
• Prepare a letter to the offender confirming the outcome, any penalties and rights of appeal, including the timeframe and form an appeal must take
• Have the minutes and letter approved by the Chairman
• Send the letter to the offender with copies to other directly affected parties such as the complainant or Club
• Send a copy to the CEO
• CEO is to send a copy to NZF
• File all appropriate documentation
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