Jump to content


Rugby League World Issue 402

Try our Fantastic 5-Issue Bundle Offer! For just £18, a saving of 10% on the regular cover price, you’ll get:
The Play-offs Issue - pictured (out 12 Sept) – Covering the climax of the Super League & Championship seasons
The Grand Finals Issue (out 17 Oct) – Grand Final excitement from both sides of the world plus Four Nations preview
The Four Nations Issue (out 21 Nov) – Fantastic coverage of the Four Nations tournament down under
The Golden Boot Issue (out 19 Dec) – A look back at the 2014 season plus the big reveal of the winner of the Golden Boot
The 2015 Season Preview Issue (out 23 Jan) – How will your team perform in 2015? We preview every club.


League Express

Podcast

shun

Member Since 01 Oct 2011
Offline Last Active Today, 08:35 AM
-----

Posts I've Made

In Topic: 2014 Rugby League Tipping Competition

18 September 2014 - 03:43 PM

Round 33 Fixtures

1. Wigan V Huddersfield 32-18
2. St Helens V Castleford 23-16
3. Warrington V Widnes 36-20
4. Leeds V Catalans 27-18
5. Doncaster V Sheffield 24-14
6. Halifax V Dewsbury 28-10
7. Hunslet V Gateshead 34-16
8. York V Oldham 24-14

1st tryscorer in any game: Ryan hall. Leeds

Don't forget your joker!! Wigan v Huddersfield

In Topic: NEXT SEASON’S ADMISSION COST

11 September 2014 - 09:04 PM

Really !  and do they have a crowd like Barrow ?

they average around 500-600, they got 1000 against oldham  earlier in the season


In Topic: 11/09/14 - Wigan Warriors v Warrington Wolves KO 8pm (TV)

11 September 2014 - 08:20 PM

shocking decision that!


In Topic: 2014 Rugby League Tipping Competition

11 September 2014 - 06:35 PM

Round 32

 

1. Wigan V Warrington 27-16

2. Huddersfield V St Helens 34-20

3. Hull V Leeds 16-28

4. Salford V Widnes 32-22

5. Hunslet V Oldham 16-28

6. London Broncos V Bradford 8-22

7. Catalan V Castleford 16-32

8. Dewsbury V Workington 10-20

9. Featherstone V Halifax 28-16

10. Leigh V Doncaster 32-10

11. Gateshead V Hemel 18-8

12. Wakefield V Hull K.R. 30-28

 

1st tryscorer, either team, Catalan v Castleford:        dorn

 

Don't forget your joker!!!                       wigan v wire


In Topic: Cougars coming after Batley for compensation

08 September 2014 - 09:44 PM

See the bolded bit of the RFL rules below.

 

Competition points can only be deducted in respect of Misconduct that impinges on the integrity of the competition. The alleged misconduct in 2013 did NOT impinge on the integrity of the competition. Batley's and Doncaster's Misconduct in 2014 DID impinge on the integrity of the competition. So, the Appeals Tribunal was wrong to restore the Batley and Doncaster points deduction as the alleged 2013 breaches were NOT relevant. Any Championship club who will otherwise lose out in terms of central (SKY money) funding in 2015 should pursue the matter under rule D1:39 and then D1:40 with external legal action being held back as a last resort.

 

DISCIPLINARY CASES: MISCONDUCT AND PENALTIES

D1:8

MISCONDUCT

A Person subject to the Operational Rules shall be guilty of misconduct if he/she/it:

  1. commits a serious or persistent breach of any of the Operational Rules;
  2. commits any breach of any of the Operational Rules D1:10(a) to ® (inclusive) or (if applicable to it) D1:13 below or D1:17 below and/or any other Operational Rule which specifies that a breach thereof will constitute misconduct; or
  3. engages in conduct which is prejudicial to the interests of the Game or which is improper conduct; or
  4. is convicted of a criminal offence by any court of competent jurisdiction or, having been charged with any criminal offence in any jurisdiction and acquitted, has a civil judgement entered against him, her or it, on the basis of the same facts;
  5. fails, within any time allowed by these Operational Rules or otherwise allowed, to comply with any decision of the Council, the Board, the Operational Rules Tribunal, the Operational Rules Appeals Tribunal, the Tribunal, any Committee appointed by the Council or the Board or the Compliance Manager;
  6. commits any breach of the Salary Cap Regulations and/or Salary Cap Regulations – Championship;
  7. fails to satisfy or otherwise comply with any arbitral award or decision made pursuant to the Operational Rules.

In the case of Rule D1:8(d) above the Compliance Manager shall decide whether to proceed with a case of Misconduct or to conclude the sentence received is sufficient punishment in the circumstances. The Compliance Manager in his/her discretion may deal with the matter pursuant to the procedures set out in these Rules.

MINOR MISCONDUCT

D1:9A Person subject to these Operational Rules shall be guilty of minor misconduct if he/she/it:

  1. commits any breach of these Operational Rules which is not a serious or persistent breach and which is not a breach referred to in Operational Rule D1:8; or
  2. commits any breach mentioned in Operational Rule D1:8 which the Compliance Manager determines is or should be dealt with as if it is minor misconduct, save that in relation to D1:8(f) this provision shall only apply to a Category One Breach of the Salary Cap Regulations – Championship.

 

OFFENCES OF MISCONDUCT

D1:10Any single breach of the following Operational Rules constitutes misconduct. If the Compliance Manager suspects or is aware of an infringement, he/she will be entitled to deal with the matter pursuant to the procedures set out in Section D1.

  1. Safety and/or Misconduct of Spectators. Each Club is responsible for managing its Ground safely when it is open to the public and is required to comply with its legal obligations in this regard and to carry out risk assessments as appropriate, keep suitable records as appropriate and act in accordance with good practice as set out in the Guide to Safety at Sports Grounds (Green Guide). In addition each Club is required to use its Best Endeavours to take all precautions necessary to ensure that directors, players, officials, employees, representatives, spectators and all persons purporting to be supporters present at its Ground do not act unlawfully and to prevent any of the above from threatening, abusing or assaulting directors, officials, players, spectators, safety staff or any other person or damaging their property or the ground or any property, or invading the pitch or pitch surrounds or throwing missiles on the pitch or acting in a disorderly or improper manner before, during or after the conclusion of Matches or otherwise behaving in an unruly or unlawful manner or in a manner which, in the opinion of the Compliance Manager, is prejudicial to the Game or amounts to improper conduct. Any Club which fails to discharge its responsibility in this regard shall be guilty of misconduct.
  2. Each Club is responsible to the RFL for the actions of its directors, players, officials, employees, representatives, spectators and all persons purporting to be its supporters and is required to use its Best Endeavours to take all precautions necessary to ensure that they do not act unlawfully and to prevent directors, players, officials, employees, representatives, spectators and all persons purporting to be its supporters from threatening, abusing or assaulting directors, officials, players, spectators, safety staff or any other person or damaging their property or the ground or any property, or invading the pitch or pitch surrounds or throwing missiles on the pitch or acting in a disorderly or improper manner either at its ground or at the ground of an opponent or at a neutral venue before, during or after the conclusion of Matches or otherwise behaving in an unruly or unlawful manner or in a manner which, in the opinion of the Compliance Manager, is prejudicial to the Game or amounts to improper conduct. Any Club which fails to discharge its responsibility in this regard shall be guilty of misconduct. For the avoidance of doubt for the purposes of this Rule D1:10 (a) and ( B) where a Club employs or otherwise uses a stadium management company or other outside agency to manage its ground on match days, the Club remains responsible for any breaches of this Rule.
  3. No Betting. No Person subject to these Operational Rules shall be involved in any manner or capacity whatsoever, whether for his or its own account or on behalf of any other person, in any Betting in respect of any Rugby League Match or Competition or otherwise breach the Betting and Related Activity Code of Conduct as set out in E5 of these Rules. Players and/or Officials must report to the Compliance Manager any approach made to them by, or on behalf of, a bookmaker. In this Operational Rule Betting has the meaning given in the Betting and Related Activity Code of Conduct.
  4. No Provision of Information to Third Parties. No Person subject to the Operational Rules shall provide to any other person any confidential information or any information which is not in the public domain, which that Person obtained in his or her capacity as an official or employee of a Club or otherwise save in the proper performance of that Person's duties.
  5. Illegal Payments. No Person subject to these Operational Rules shall offer or receive a bonus or any form of inducement to or from another Club or the players of any other Club or from any other person whatsoever (including (but not by way of limitation) payments, gifts, payments in kind, free or discounted tickets or any other forms of inducement) whether directly or indirectly and by whatever means to win, lose or draw a Match or to play or not to play in a Match or to alter or influence their decisions in or in relation to a Match.
  6. Inducements. No Person subject to the Operational Rules shall directly or indirectly induce or attempt to induce by whatever means (including making statements in the media) a Registered Player to leave a Club prior to the expiry of that Player's contract nor shall any Registered Player himself or his Licensed Agent approach any other Club with a view to joining that Club prior to the expiry of his contract with his present Club without the prior written permission of his present Club or otherwise act in breach of other relevant Operational Rules.
  7. Defaulted Fixtures. Subject to the Bye Laws agreed in relation to Super League, no Club shall fail to complete a fixture in any competition played under the Operational Rules.
  8. Full Strength & Best Efforts. Each Club shall comply with the provisions of Operational Rules Section B1:8 to 13 (inclusive) in order to field a full strength team. In addition each Club shall take all reasonable and permissible measures throughout each Match to ensure that its team gives its best efforts in an attempt to win the Match and/or of obtaining the best possible score in the Match. All Players and Officials shall take all reasonable and permissible measures and give their best efforts in an attempt to win each Match and/or of obtaining the best possible score in each Match.
  9. Criticism of Official. No Person subject to these Operational Rules shall publish or cause to be published (or give any interview to the media by whatsoever medium) material or content which contains criticism of the character of a Match Official or criticism of the manner in which a Match Official has officiated at a game in which the Club or Player has taken part, or of any other game under the control of the RFL.
  10. Equity. Each person subject to the Operational Rules shall at all times comply with the Equity Statement issued by the RFL from time to time.
  11. Discrimination. No Person subject to the Operational Rules Laws shall engage in discrimination (direct or indirect), harassment, bullying or victimisation, or incite or encourage others to engage in discrimination, harassment, bullying or victimisation on the grounds of age, ethnic origin, gender, gender identity, disability including (including learning, sensory, physical disabilities and mental health), class or social background, religion or belief, sexual orientation, marital or civil partner status, pregnancy, colour or political persuasion (“Discriminatory Behaviour”). Each Club shall use its best endeavours to procure that its players, officials and spectators and spectators at all Matches at its Ground do not engage in Discriminatory Behaviour in their relationship with the Club and the Game and comply with the guidelines issued from time to time by the RFL relating to discrimination.
  12. Brawls & Harrassment of Match Officials. Each Club shall ensure that none of its players or officials engages in a brawl. For the purposes of this Operational Rule a brawl is defined as a total of two or more players or officials from a team being involved in an incident of fighting or aggressive physical contact on the pitch and surrounding areas before, during or after a Match. Each Club shall ensure that none of its Players or Officials engage in behaviour which constitutes harassment or attempted physical intimidation of a Match Official whether by language, confrontational manner or other means whether before, during or after a match or at any other time. For the avoidance of doubt a charge under this Rule shall not exclude action being taken agains the individual player(s) either under Section D1 or D2 of these Rules.
  13. Codes of Conduct. Each Person subject to the Operational Rules shall at all times comply with all applicable Codes of Conduct as published by the RFL from time to time.
  14. Doping. Each Person subject to the Operational Rules shall at all times comply with the Doping Regulations as set out in D3 below and in the case of any charge laid under Section D3 of these Operational Rules then the procedures laid down in Section D3 shall take precedence over the procedures laid down in Section D1. However, in addition to Section D3, each Person subject to the Operational Rules shall at all times comply with any rules, regulations, statutes or any other rules relating to drugs which have the force of law in the country in which the player is resident either permanently or temporarily and in particular shall not use, administer, trade, traffic, distribute or sell any substance controlled under the Misuse of Drugs Act 1971 or any substance which is illegal in the country in which the player is resident either permanently or temporarily. In addition each Club shall:
    1. follow such direction as the RFL shall give in its Anti Doping Education Strategy including but not limited to the provision of education sessions by educators approved by the RFL, provision of attendance records at such sessions and giving sufficient notice of sessions to allow external verifiers to attend sessions;
    2. ensure that its Players and Officials are provided with information or updates as requested by the RFL in a timely manner:
    3. provide suitable facilities for the collection of samples at matches and/or training sessions;
    4. ensure that the RFL has accurate, up-to-date addresses for its Players and Officials; and
    5. provide accurate and up-to-date information about the whereabouts of its Players and Officials to the RFL or UK Anti-Doping as requested from time to time.
    6. This Operational Rule D1:10 (n) shall be read and enforced in conjunction with the RFL/Super League Social and Non-Prescribed Prescription Drug Policy as published from time to time
  15. Unacceptable Behaviour. Each Person subject to the Operational Rules shall ensure that it does not engage in any Unacceptable Behaviour. Unacceptable Behaviour includes any comments, threats, chanting, harassment, incitement to hatred or abuse or any other actions which targets individuals or groups based on any of the following criteria: race, gender, age, disability, faith or sexual orientation or is otherwise in breach of the Respect Policy. In addition each Club shall use its Best Endeavours to procure that at all times its players and officials do not engage in any Unacceptable Behaviour and that its spectators when at matches at any venue and all spectators at all Matches at its Ground do not engage in any Unacceptable Behaviour and shall apply Zero Tolerance to any that do engage in Unacceptable Behaviour and shall comply with the guidelines issued from time to time by the RFL. The Compliance Manager and the Operational Rules Tribunal shall apply Zero Tolerance when dealing with cases of Unacceptable Behaviour.
  16. Failure to Assist/False or Misleading Evidence.
    1. Each Person subject to the Operational Rules shall co-operate fully, in particular with the provision of information and/or documentation, with the Compliance Manager and or Compliance Investigator(s) and/or Salary Cap Investigator(s) as set out in these Operational Rules and particularly each Person subject to the Operational Rules shall produce records, accounts, contracts, receipts and bills as requested but shall not be obliged to disclose any fact or document which would be privileged from production or disclosure in any civil proceedings in a court in England and Wales;
    2. No person shall provide false or misleading evidence;
    3. Each Person subject to the Operational Rules shall be obliged to attend any hearing of the Operational Rules Tribunal as a witness if reasonably required to do so by the Compliance Manager or the alleged offending Party.and failure to do so shall constitute Misconduct;
    4. Any act or omission by any Club or Person Subject to the Operational Rules which prevents or hinders or has the intention of preventing or hindering any third party subject to the Operational Rules from co-operating fully in accordance with this clause shall itself constitute Misconduct;
    5. It shall also be an offence of Misconduct for any Person Subject to the Operational Rules to harass or victimise or cause to be harassed or victimised any Person who has provided information to the Compliance Manager or to the RFL whether this is as part of an investigation or whether it is “whistleblowing”.
  17. Safeguarding Policy. Each Person subject to the Operational Rules shall ensure that it complies with the RFL’s Safeguarding Vulnerable Groups Regulations and Policy as published from time to time, the current versions of which are set out in D4 and E3 below.
  18. Registration of Players and Club Officials. Each Club shall ensure that it complies with the Operational Rules relating to the registration of Players and Club Officials. In addition each Club shall ensure that it complies with the Operational Rules relating to Full Strength and Club Trained as set out in Section B1 of these Operational Rules.

 

OTHER MATTERS

D1:11In addition, those matters expressly referred to elsewhere in the Operational Rules as amounting to misconduct shall constitute misconduct.

FIXED FINES AND OTHER PENALTIES

D1:12

  1. Save for any breach of the Salary Cap Regulations and/or Salary Cap Regulations – Championship, but otherwise without prejudice to the Operational Rules contained in this section, the Board shall have the power to specify that certain offences shall warrant the imposition of a mandatory fine up to such amount as it may from time to time publish. Each of the Operational Rules Tribunal and the Compliance Manager shall have the power to impose a mandatory fine(s) in accordance with the procedures set out in Operational Rule Section [D1:18 and D1:21] as appropriate. Changes to mandatory fines shall only apply to offences committed 28 days or more after the date of publication of such change.
  2. In addition to being entitled to fine any Person Subject to the Operational Rules guilty of misconduct, the Operational Rules Tribunal and/or Operational Rules Appeals Tribunal shall be entitled:
    1. to require that a Member close its ground (or part of its ground) either permanently or for a stated period where there is a breach of Section D1:10(a);
    2. to require that a Member play its games behind “closed doors”;
    3. to fine a Member up to £10,000 in the event that it refuses or fails to play in a Match where the appointed referee has decided that the Match can proceed;
    4. to order the payment of compensation to any Member or to the RFL or to any other person or body;
    5. to ban a person from involvement in Matches or from grounds during the conduct of Matches or from involvement in the business of or the conduct of playing matters at any Member;
    6. to impose those penalties set out in Section D:3 below;
    7. to impose those penalties set out in the Salary Cap Regulations and/or Salary Cap Regulations – Championship; and
    8. in the case of Misconduct which impinges on the integrity of the competition to deduct competition points.

 

SLE CODE OF CONDUCT

D1:13Without prejudice to these Operational Rules SLE Members shall comply with the Super League Code of Conduct and/or any Participation Agreement relating to Super League, the Challenge Cup and/or any other competition administered by or in conjunction with the RFL. The RFL shall have the power to enforce such code and/or any participation agreement. If there is any conflict between the provisions of that Code of Conduct and/or any Participation Agreement and the Operational Rules, the terms of the Operational Rules shall take precedence.

POWERS OVER MATTERS NOT SET OUT IN OPERATIONAL RULES

D1:14Subject to the Memorandum and Articles of Association the Board and/or Operational Rules Tribunal and/or Operational Rules Appeals Tribunal shall also have the power to deal as they think fit with any Person subject to the Operational Rules in respect of misconduct and/or allegations of misconduct or other matters not otherwise specified and/or provided for in these Operational Rules in accordance with the above procedures.

ALLEGATIONS OF MISCONDUCT

D1:15If any Person subject to the Operational Rules reasonably believes that any other Person subject to the Operational Rules is guilty of misconduct or minor misconduct, he, she or it must immediately inform the Compliance Manager in writing setting out all relevant details of the alleged misconduct or minor misconduct.

ROLE OF COMPLIANCE MANAGER, COMPLIANCE INVESTIGATOR(S) AND SALARY CAP INVESTIGATOR(S)

D1:16Upon receipt of a written allegation of misconduct or minor misconduct and/or upon his own decision, the Compliance Manager may inquire immediately into the facts and circumstances alleged or believed to constitute misconduct or minor misconduct and/or the Compliance Manager may request that the Compliance Investigator(s) and/or Salary Cap Investigator(s) shall inquire into the facts and circumstances alleged or believed to constitute misconduct or minor misconduct.

D1:17Each person accused of misconduct or minor misconduct and all Persons subject to the Operational Rules shall cooperate fully with the Compliance Manager and/or the Compliance Investigator(s) and/or Salary Cap Investigator(s) and/or Registrations and Salary Cap Manager in a timely manner. Each Person subject to the Operational Rules shall produce records, accounts, contracts, receipts and bills as requested but shall not be obliged to disclose any fact or document which would be privileged from production or disclosure in any civil proceedings in a court in England and Wales. No person shall provide false or misleading evidence. Each Person subject to the Operational Rules shall be obliged to attend any hearing of the Operational Rules Tribunal as a witness if reasonably required to do so by the Compliance Manager or the alleged offending Party. However the Chairman of the Operational Rules Tribunal shall have the power to hear and decide on submissions from any witness as to why it is unreasonable for them to attend.

D1:18Without prejudice to the generality of the foregoing, the Compliance Manager and/or Compliance Investigator(s) and/or Salary Cap Investigator(s) may investigate all matters or arrangements (whether of a financial nature or otherwise) between any of or any combination of the following:

  1. Clubs (save for Inter-club Disputes);
  2. other Members;
  3. Players;
  4. Licensed Agents;
  5. Club Officials;
  6. Match Officials;
  7. any person acting on behalf of any of the above.

 

D1:19Following or during his investigations (at his reasonable discretion) and once he honestly and reasonably believes misconduct or minor misconduct may have occurred, the Compliance Manager shall as soon as reasonable deliver to every person accused of misconduct or minor misconduct full written details of the allegation including, but not necessarily limited to:

  1. the identification of the relevant Operational Rule(s)and/or provision of the Code of Conduct under which the matter is being investigated, and where relevant the Operational Rule or Operational Rules alleged to have been infringed;
  2. the facts alleged to constitute such infringement, to the extent that the same are then known to the Compliance Manager.

 

COMPLIANCE MANAGER TO DECIDE IF CASE TO ANSWER

D1:20If, having investigated a Disciplinary Case or having received the Compliance Investigator’s or Salary Cap Investigator’s report(s) following his investigation of a Disciplinary Case, the Compliance Manager decides that there is a case to answer, he will refer the matter to an Operational Rules Tribunal Panel in the manner set out in Operational Rules Section D1:22 to D1:28 (inclusive) below if he determines that a Case is a case of misconduct or shall deal with the matter in accordance with Operational Rule D1:21 if he decides that the Case is a Case of minor misconduct. In any event the Compliance Manager shall promptly inform the Parties and the Board of his decision.

CASES OF MINOR MISCONDUCT

D1:21In cases of minor misconduct, the Compliance Manager may himself determine what action or penalty he feels is appropriate in respect of the minor misconduct concerned and, if so, shall notify the Person concerned in writing of the penalty he recommends is imposed, provided that any such recommendation shall not prevent the Compliance Manager seeking a more severe penalty in any prosecution before the Operational Rules Tribunal and/or Operational Rules Appeals Tribunal. If within 14 days of such notice the Person concerned has not requested a hearing before the Operational Rules Tribunal, then such penalty shall be confirmed in writing by the Compliance Manager and shall be binding on the Person concerned. Should any Person request a hearing within 14 days then the process shall be as set out below in relation to the Operational Rules Tribunal with an appeal to the Operational Rules Appeals Tribunal as set out below. The penalties which the Compliance Manager is entitled to impose shall include fines, suspended fines, cautions and awards of legal or other costs, compensation to any person who is injured or has suffered loss or damage or any combination of the aforementioned but shall otherwise be determined from time to time by the Board.

REFERRAL TO THE OPERATIONAL RULES TRIBUNAL

D1:22Where a matter has been referred to the Operational Rules Tribunal Panel by the Compliance Manager or notice of appeal is made under Rule D1:3(d) or Rule D1:21, then, the Compliance Manager or Operational Rules Tribunal Panel shall notify the alleged offending Party and the Senior Operational Rules Tribunal Panel Member(s), of the charge(s) brought and the nature of the allegation. Within 7 days of receipt of such notification the Senior Operational Rules Tribunal Panel Member shall convene a meeting of an Operational Rules Tribunal or Operational Rules Appeals Tribunal who shall meet within 28 days or as soon as reasonably practicable thereafter and shall notify the alleged offending Party of the date, time and venue of the hearing by giving at least 7 days written notice which may be waived by the party involved or may be waived at the discretion of a Senior Advisory Panel Member where the matter to be heard involves the integrity of a competition which by its nature needs to be expedited to ensure that the competition can be completed in a timely manner. However should the alleged offending Party fail to attend the Operational Rules Tribunal or Operational Rules Appeals Tribunal acting reasonably shall have the right to hear the matter in that Party’s absence. The Party to whom referral or appeal applies must provide details of any evidence or submissions or representations including witnesses intended to be brought before the Operational Rules Tribunal or Operational Rules Appeals Tribunal, in writing, 7 days before the hearing or as otherwise specified by the Operational Rules Tribunal or Operational Rules Appeals Tribunal.

D1:23The hearing shall take place in accordance with such procedures as the Operational Rules Tribunal and Operational Rules Appeals Tribunal may think fit from time to time. Such rules of procedure shall be in addition to these Operational Rules but in the event of any conflict between any such rules and the Operational Rules, the Operational Rules shall prevail. The decision of the majority of the members of the Operational Rules Tribunal or Operational Rules Appeals Tribunal shall be final and binding (subject to the right of appeal set out below).

D1:24The Compliance Manager shall be entitled to attend and prosecute at the meeting of the Operational Rules Tribunal and Operational Rules Appeals Tribunal. The Compliance Manager and any Person subject to the Operational Rules appearing before the Operational Rules Tribunal or Operational Rules Appeals Tribunal may have legal representation and shall be entitled to present evidence and call witnesses (subject to the RFL policy on child witnesses as in force from time to time), expert witnesses and advisors. In addition, the Operational Rules Tribunal and Operational Rules Appeals Tribunal shall be entitled to request the attendance of such solicitor or barrister and/or such expert witnesses or advisors and to require the attendance of any Person subject to the Operational Rules or any documents as it thinks fit in each case in order to assist with the hearing. The Operational Rules Tribunal and Operational Rules Appeals Tribunal shall have the power to adjourn a hearing if thought necessary in the interests of justice.

D1:25The Operational Rules Tribunal and Operational Rules Appeals Tribunal shall have the power to order any Person subject to the Operational Rules to pay compensation and/or shall have power to reprimand, fine and/or suspend or expel from participation in the Game any Person Subject to the Operational Rules or any Representative or his/her Deputy or Member if found guilty of misconduct or aiding or abetting another so to do. In addition in the case of Misconduct which impinges on the integrity of the competition the Operational Rules Tribunal shall have the right to deduct competition points. The Operational Rules Tribunal and Operational Rules Appeals Tribunal shall be free to disregard any scales of mandatory fines published by the Board as guidance. Suspensions imposed by the Operational Rules Tribunal and Operational Rules Appeals Tribunal shall take effect from midnight on the day of the hearing unless the Operational Rules Tribunal or Operational Rules Appeals Tribunal orders to the contrary.

D1:26If there is a default by any Person subject to the Operational Rules for 28 days (or such other timescale as may be specified pursuant to Operational Rule D1:31 below) or more in payment of any fine imposed under the Operational Rules, the Board shall have power to order the defaulting Person subject to the Operational Rules to be suspended or expelled and may impose a further fine in addition to the penalties of suspension or expulsion.

D1:27Any Person subject to the Operational Rules suspended or expelled shall, subject to the right of appeal below, not be allowed during the period of suspension or expulsion to participate in any way in the Game or in any Club or in the activities of Council unless the Operational Rules Tribunal or Operational Rules Appeals Tribunal directs otherwise.

D1:28The Board and/or Operational Rules Tribunal and/or Operational Rules Appeals Tribunal shall be entitled to publish in the media as it thinks fit reports of its inquiries, proceedings, acts and decisions whether the same shall or shall not reflect on the character or conduct of any Person Subject to the Operational Rules or any Representative or his/her Deputy and any such aforementioned party shall be deemed to have assented to such publication and each Person subject to the Operational Rules agrees to waive any rights it may have to sue the RFL and/or the Board and/or Operational Rules Tribunal and/or Operational Rules Appeals Tribunal (or members of any Tribunal) for any defamatory remarks contained within such publication except where such publication is made maliciously.

D1:29Where a Person subject to the Operational Rules or seeking to become subject to the Operational Rules has been suspended or disqualified under the rules of any member, affiliate or honorary member of the RLIF or under the rules of any other National Governing Body of Sport that suspension shall be recognised and enforced by the RFL and its Members. This provision is subject however to the Person concerned’s right to appeal to the Board to show why such suspension or disqualification shall not be enforced. The Board shall have absolute discretion as to whether or not to uphold and/or vary the suspension or disqualification.

COSTS

D1:30The Operational Rules Tribunal or Operational Rules Appeals Tribunal (or any other sub-committee or appointed panel of any Tribunal) may make such order as it thinks fit in relation to the payment of the costs and expenses of any inquiry, hearing or dispute and each Person subject to the Operational Rules agrees to comply with such ruling in each case.

PAYMENT OF FINES/COSTS

D1:31Unless directed otherwise, any fines or costs must be paid to the RFL no later than 28 days after the date upon which the imposition of the fine or the ascertainment of the costs was determined. Such fines and/or costs may be deducted by way of set off from any monies held by the RFL on behalf of a Person Subject to the Operational Rules, any central distributions or other central payments and/or any monies owed by the RFL to the Person Subject to the Operational Rules.

REASONS

D1:32The Operational Rules Tribunal and/or Operational Rules Appeals Tribunal shall within 14 days of adjudicating on any matter contained herein serve on the parties involved in the dispute and/or offence, a written report of the decision, the reasons for the decision and in the case of the Operational Rules Tribunal only the final date for the submission of any appeal, such date not to be earlier than 15 days after the date of posting of the report.

RIGHT OF APPEAL

D1:33The Compliance Manager and/or any Person against whom a penalty has been imposed pursuant to Section D1 of these Operational Rules may appeal against a decision of the Operational Rules Tribunal as follows:

  1. Notice of appeal shall be in writing and must be delivered to RLHQ addressed to the Senior Operational Rules Tribunal Panel Member(s) by 4pm on the date stated in the Operational Rules Tribunal's Report or as otherwise set out in these Operational Rules. The Notice shall specify the grounds for the appeal and any fresh evidence that the appellant is seeking to introduce. A Person appealing against a penalty imposed against them must also lodge a deposit of £500. If the material is sent by facsimile letter a hard copy together with the £500 deposit must be sent to RLHQ addressed to the Senior Operational Rules Tribunal Panel Member(s) by first class pre-paid post on the same day;
  2. within 7 days of receipt of the notice of appeal the Senior Operational Rules Tribunal Panel Member shall convene a meeting of the Appeals Board consisting of three persons from the Operational Rules Tribunal Panel chosen by the Senior Operational Rules Tribunal Panel Member(s) and who shall meet within 28 days and shall notify the both the Compliance Manager and the Person relating to whom the decision has been made of the date, time and venue of the appeal hearing by giving at least 7 days' written notice. No person appointed to sit on the Operational Rules Appeals Tribunal shall have taken part in any previous proceedings in relation to the matter and if the Senior Operational Rules Tribunal Panel Member(s) shall have taken part in previous proceedings in relation to the matter then the Operational Rules Appeals Tribunal shall instead be chosen by another member of the Operational Rules Tribunal Panel nominated by the Board;

 

D1:34The Operational Rules Appeals Tribunal may conduct the hearing in such manner as it considers appropriate subject to such procedures set out above at D1:22 to D1:32 inclusive and provided that:

  1. the appeal will be by way of re-hearing;
  2. each party shall have an equal opportunity to be heard and to put its case in the presence of every other party;
  3. each party shall have an adequate and equal opportunity to know in advance the issues in the appeal and to have access to all material documents and information;
  4. new evidence will not usually be admitted unless it is clearly material and was not reasonably available to the party presenting it at the time of the hearing before the Operational Rules Tribunal;
  5. the Operational Rules Appeals Tribunal shall have the power to adjourn a hearing if the Panel believes it necessary in the interests of justice.

 

D1:35The Operational Rules Appeals Tribunal shall have the power, if it thinks fit, to affirm, reverse, amend or otherwise vary (by way of substitution of penalty or otherwise) the decision of the Operational Rules Tribunal and may determine the amount of costs to be paid to or by the Appellant;

D1:36If an appeal by a Person against whom a decision has been made is successful any deposit they shall have paid shall be returned. Otherwise the Operational Rules Appeals Tribunal shall determine whether the deposit should be forfeited or returned (in whole or in part) to the Appellant;

D1:37The decision of the Operational Rules Appeals Tribunal shall be final and shall be communicated to all parties affected by its decision within 48 hours. There shall be no further right of appeal.

SUSPENSIONS BY OTHER AUTHORITIES

D1:38Any persons under suspension by the governing body of any other sport, or by a Rugby League authority other than the RFL, shall not be allowed to play in matches under the RFL's jurisdiction without the express written permission of the Disciplinary Committee as set out in D2:28 or hold a post as a Club Official without the express written permission of the Board

SUPPLEMENTARY

D1:39

INTER-CLUB CASES

The following shall apply to Inter-club Cases:

  1. the Party referring the Case shall set out the issues in writing to the Board who shall copy the document to each other Party and the Senior Operational Rules Tribunal Panel Member. Any other Party shall have 28 days thereafter in which to set out in writing its response to such issues;
  2. the Senior Operational Rules Tribunal Panel Member(s) shall appoint a chairman and two other members of the Operational Rules Tribunal Panel upon expiry of the time for receipt of the response of the other party, or upon receipt of such response if earlier;
  3. at such hearing all Parties may have legal representation;
  4. the Operational Rules Tribunal shall hear representations from the parties, and shall thereafter act as conciliator and not as arbitrator in endeavouring to produce a negotiated solution to the Dispute;
  5. if and to the extent that the Operational Rules Tribunal is unsuccessful in resolving all issues in the Dispute through conciliation within 28 days of appointment the Operational Rules Tribunal may, if both members and all Parties agree, make a non-binding recommendation for settlement;
  6. if a recommendation is made it shall be set out in writing and shall become binding and a contract between the parties 28 days after its date unless the dispute is referred to arbitration under paragraph (g) below;
  7. if a conciliation fails to produce a full and final settlement; and
  8. i. no recommendation is made; or
  9. ii. a recommendation is made which any Party does not wish to accept,

then either party (in the case of (i) above) or such party (in the case of (ii) above) may refer the Dispute to arbitration as a Non-Disciplinary Arbitration Dispute under Operational Rules D1:39 to D1:46 (inclusive) below.

ARBITRATION

D1:40All Members by virtue of such membership and anyone who participates in the Cup or any other competition organised by the RFL by virtue of such participation enters into an arbitration agreement in the terms of this Operational Rule, and such agreement shall continue following termination of membership or conclusion of the Cup or such competition in relation to disputes arising during the course of membership or of the Cup or such competition.

D1:41In this Operational Rule "Arbitration Dispute" means any dispute which is either referred to conciliation by the Operational Rules Tribunal under Operational Rule D1:38 which has not resulted in a final and binding settlement under that Operational Rule ("a Non-Disciplinary Arbitration Dispute") or which the Parties concerned may agree, with the approval of the Board, at any time should be referred to arbitration.

D1:42All Arbitration Disputes shall be referred to arbitration before a sole arbitrator ("the Arbitral Tribunal") to be agreed between the Parties or in default of agreement to be appointed by the President of the London Court of International Arbitration or the person to whom the said President or the said Court has from time to time delegated the power to make such appointments.

D1:43The seat of the arbitration shall be in England and Wales, and the arbitration shall be held in such place in England & Wales as the parties may agree or the Arbitral Tribunal may direct. The language of the arbitration shall be English.

D1:44The procedure adopted by the Arbitral Tribunal shall be such Arbitration Rules as are from time to time prescribed by the Board for the conduct of arbitrations under this Operational Rule, and in default of such Arbitration Rules, such procedure as the parties may agree or the Arbitral Tribunal may decide.

D1:45The Arbitral Tribunal shall not have the power to award compound interest save in the case of fraud or breach of fiduciary duty.

D1:46All documents and proceedings in any arbitration pursuant to the Operational Rules shall be confidential and all hearings shall be held in private, save to the extent necessary to enforce any award, to take confidential professional advice thereon or in connection therewith, or to comply with any requirement of any lawful authority. No public statement shall be made with regard to any arbitral proceedings save to the extent agreed between the parties or authorised by the Arbitral Tribunal.

D1:47Any award made in any arbitration made pursuant to this clause shall be final and enforceable as a judgment and if and to the extent that is includes an award that one Party pay a sum of money to another party (in addition to any interest awarded by the Arbitral Tribunal in respect of any period prior to the date of the award) shall carry interest from the date of the award until the date of payment at the rate applicable to a judgment of the English court at the date of the award.

ALTERNATIVE DISPUTE RESOLUTION

D1:48The provisions set out above shall not preclude the Parties to any case which is not a Disciplinary Case agreeing to engage in alternative means of resolving a dispute should all parties so agree. The process described herein shall be suspended while any alternative dispute resolution procedure is in progress.

my turn   :rtfm:  :tongue: