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1. Disciplinary Action & Appeals
by the Promoting Club
a. Subject to the provisions of Article 7 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 24 hours of the completion of the
event and thereafter must report the circumstances
to the District Committee.
b. The organiser, person appointed by the organiser
or the organising club may take action within 24
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 24
hours of the completion of the event.
d. When action has not been taken within 24 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 24 hours of the completion of the event
and/or any complaints that the organiser/club was
unable to make a decision about within 24 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 his 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.
b. 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.
c. Notwithstanding the provisions of paragraphs (a)
and (b) of this Rule the National Committee or the
National Council 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.
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 shall be made within 14 days
of a complaint being received by the District
Secretary.
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
Chairman 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 Chairman decide
that the offence is not a minor offence the District
Secretary and Chairman shall decide whether or not a
Disciplinary Hearing should be held. If the District
Secretary and Chairman 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 Chairman, 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 National
Committee.
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 Chairman whose
decision shall be final.
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 him or
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 he
is the regularly appointed or elected Chairman 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:
1. complainant, or
2. member of a complainant club, or
3. 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 Chairman of the
Council who shall appoint an ad hoc committee of
seven 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 Chairman is satisfied as to the objection
he 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 his 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
his 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
Chairman 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 Chairman and members of the Committee
question the witness
d. The accused or, if represented, his
representative(s) questions the witness.
viii. The second and subsequent witnesses are heard
similarly.
ix. The accused and/or his representative(s) are
invited to state their case and may be questioned
thereafter by the Chairman and members of the
Committee. If the accused or his 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 Chairman 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 his 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 Chairman 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 National
Committee.
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.
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 National Committee 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 Committee hearing his 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 Chairman.
c. The lodgement of an appeal shall not (unless the
National Chairman so directs) suspend the operation
of the decision complained of pending the hearing of
the Appeal.
d. 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.
e. There must be forwarded to the National Secretary
with the notice of appeal, a deposit of £50
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.
f. Upon receipt of a notice of appeal by the
National Secretary the Chairman 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.
g. An accused individual, or individuals, may
authorise another person (not being a Barrister,
Solicitor or Legal Executive) to represent him or
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 he
is the regularly appointed or elected Chairman or
Secretary thereof. Any such authority must be in
writing and must be delivered to the Appeal Chairman
not later than the start of the meeting at which the
proceedings are to be held.
h. The procedure to be adopted by the Committee
shall be as follows:-
i. The appellant and his or its representative(s)
and representatives of the respondent District
Committee, District Council or National Committee
are called into the room and their identities
established.
ii. The Chairman 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 his
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.
vi. 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
Chairman 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 his 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 Chairman decides in favour of
allowing the new evidence to be included he 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
his 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 him
and whether all or any part of the expenses incurred
by the appellant and his witnesses shall be
reimbursed and shall notify the appellant of their
decision, which shall be final.
i. 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 Chairman 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 National Committee. 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 recorded
delivery:
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 his last recorded address: or
ii. in cases where an offence is alleged by him in
connection with a road time trial, at the address
shown on his 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.
vi. an officer of a District Council or National
Council - at the address shown for that Officer in
the current edition of the Handbook.
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