Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Here is a copy of by laws relating to disciplinary issues:
Article 13.0 – Disciplinary Guidelines Exemplary behavior and sportsmanship must be exhibited by all players and members at all games. Failure to do so may result in disciplinary action. The following penalties shall apply to the respective infractions:
1. Physical Assault on an Umpire – Automatic expulsion from the SFSCF
2. Physical Assault on a Member of any of the Committees – Two (2) years suspension and possible expulsion from the SFSCA
3. Physical Assault on a Player – One (1) year suspension and possible expulsion from the SFSCA
4. Verbal abuse of an umpire or of a member of any of the Committees – Fine of $100.00
5. Verbal abuse of another player – Fine of $100.00 6. Deliberate act of knocking down the wicket or throwing the ball – Two (2) games suspension
7. Any act or behavior that brings disrepute to the SFSCA or cricket – Four (4) games suspension
8. Any Captain failing to perform his duty – First offence one (1) game suspension. – Second offence two (2) games suspension and no longer allowed to captain any team
9. Team using unregistered players, player under a different name or suspended player – That team will forfeit the match and also be fined an amount to be determined by the Disciplinary Committee
10. Failure to send in Score Sheet
- The deadline for submitting score sheets is Friday midnight or five (5) days after the match has been completed.
- Teams will be penalized one (1) point from their accumulated winning total for each score sheet not received on time along with a twenty-five ($25) fine.
- When no winning points are accumulated, points total shall be in arrears.
- All fines shall be paid before any team can continue playing.
- When fines aren't paid, all matches scheduled will result in forfeiture.
11. Players failing their responsibility as umpires – Any player selected as an Umpire for his team/SFSCA-UA shall attend all training sessions
- Sufficient notice shall be provided and must accommodate individual's schedule.
- Players failing to attend shall result in the team being fined.
Article 14.0 - Complaints and Protests 1. A complaint to the Disciplinary Committee must be filed in writing or emailed ([email protected]) within three (3) business days of the occurrence and issued a receipt of the filing fee of twenty-five dollars ($25.00). 2. Relevant information that must be provided in the complaint: date and venue of the occurrence, teams involved, nature of the infraction(s), correct names of players involved and any witnesses, if any. 3. The complaint will be reviewed by the Disciplinary Committee at its next scheduled meeting or sooner depending on the severity. 4. The Disciplinary Committee may, at its discretion, call upon the captain(s) and/or the player(s) involved and/or the witnesses to give account of the incident. 5. Within three (3) days of these meetings, but not later than five (5) days fromsubmittal of the complaint, the Committee shall issue its written recommendation to the captain(s) of the player(s) being penalized.
The issue is, I wrote up and filed an official complaint identifying 8 issues to the League, paid a protest fee of $50. According to standard practice, the opposing team was supposed to respond in writing to those issues. Well they never did. So at the Disciplinary hearing they were allowed to critique every one of those issues. I addition, they had 9 team members appeared to 4 of ours (whereby you were only suppose to bring supporting evidence that were directly related to the matter at hand). We spoke for about 15 minutes as we were asked to summaries our complaint while they spoke for appx. 90 minutes...everyone of their supporting cast was allowed to speak.
In addition, they were allowed to bring up other issues than were not directly related to the issues that I initially complained about. They brought up issues about our team (which were all fabricated to 'muddy the water') because they didn't had any issue with us, but to create a situation, they brought up bunch of lies to make a case for themselves. The question is, is this allowed? can you bring up other issues that had no bearing to what was initially brought up against someone? Isn't this prohibited in the court of law?
Subsequently because of the overwhelming turn out on their part, and the amount of time given to hear the entire 9 speak, it seems as though the case we brought up was "null" and void and the issue they brought up became paramount and as a result, I was fined and suspended. Which is entirely wrong in my opinion because, first what they claimed never happened, secondly their issues should never have become the focus and thirdly, this team has had a history of disciplinary actions against but none was taken into consideration while my team never was called before for a disciplinary hearing.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
The basic question that I am still struggling with though, even after your reference to hearsay evidence and so forth, if I am bringing a case regarding for instance the complaint below, shouldn't it be that any evidence presented to defend these issues ought to be RELEVANT and other issues of any potential violations on my part be negated? And even so, if the other team did had any issues with me, shouldn't they also had to file those claims according within the guidelines established?
April 14th, 2013
Warriors Vs. D'Diamond
Location - 199 North
Today, I witnessed one of the most deplorable umpiring ever by one - Anil Jangellie, in the game between Warriors and D'Diamond CC.
Here are the series of events:
1) Toss spun at 12:20 PM - toss won by D'Diamond CC
2) 12:30 PM, Diamond gave me their team list and at that time their captain - Kumar Arjune asked what we are going to do for umpires. I said to him, you put your two umpires’ when you are batting and we will put ours when we are batting. He agreed (witnessed by Manny Husain – Warriors manager). D'Diamond decided to bat first.
3) 12:35 PM Warriors took the field as I took our team list over to Kumar. He accepted the list and then told me he is deducting 2 overs. I asked him how did he arrived at the two overs, it is now 12:38 pm. He stated that we didn't start yet and that by the time we start it will be 12:40pm. I walked over to Manny and told him what Kumar stated and we agreed with the 2 over deduction to be implemented when Warriors bat.
4) At half time we had D'Diamond reeling at 60 for 7 with all their topline batsmen already out
5) Warriors, was the major underdogs, and we shock them by bowling them out for 94.
6) When D’Diamond took the field, Manny and Neil - two very proficient umpires were going to umpire for Warriors, and at that time Kumar stated that the was going to send one of his own umpire, Anil Jangellie, the same umpire that umpired when they batted. He wasn’t a player in the match. In the best interest of the game, Warriors did not object and so, the two umpires Neil and Anil alternated after each over.
Issue Number 1:
With Jay Mahadeo batting, Sadiek Hanif the non-striker and Ricky Sriram bowling. Ricky Sirram bowled a rooter down the leg side. The ball did not leave the ground all the way to the keeper. Jay Mahadeo swung at the ball backwards, the ball got a bottom edge but continued on the ground towards the keeper (Ken Lopez). When Jay swung at the ball the ball did not deviate, it continued all the same line as delivered by the bowler. The ball was fielded by the keeper not at catch but as ground ball. An appeal went up (D’Diamond appealed at every possible opportunity) and immediately the umpire, Anil raised his finger even though he could not see the play cleanly because the batsman in the stride obstructed his view. There was a delay, Anil realizing that he made a mistake came over to the square leg umpire to asked his view of the play (something that he should have done first), Neil the square leg umpire told Anil, that the ball did not carry to the keeper. Yet Anil disagrees and kept saying the ball hit my shoe. Now imagine this for a second, if I swung backwards that means to ball already passed my shoe how is possible for the ball to hit my shoe after it passes it. Which is also the reason why the umpire could not have seen the play cleanly in order to make the correct decision and that case should have consulted the square leg umpire. Which he did subconsciously after and was told point blank that the ball did not carry to the keeper.
Issue Number 2:
With Sachin bowling and Sadiek batting, the ball bounced over the batsman’s shoulder, clearly not a wide as it passed within the lines. Manny (who had replaced Neil) signaled "no ball". The ruling umpire again – Anil, signaled "wide" instead.
Issue Number 3:
With Sadick batting and Anil umpiring, Sadiek drove at a ball the umpire claimed he did not see a nick but he heard something and gave Sadiek out "caught behind"
At this time, I went on to the field to ask Kumar to talk with Anil. Kumar came over reluctantly. I asked Kumar if Anil is a registered umpire. He said yes. I asked him if he knows the rules, the captain said "yes". I then asked Kumar to replace Anil. He asked why, and I stated that he has been making some bad calls outlined what those bad calls were. At that time Kumar refused to have his umpire, Anil replaced.
Issue Number 4:
Several of the Warriors batman complained that D’Diamond’s umpire, Anil was allowing D’Diamond players to talk on the field during play. Yet, Anil never called a "dead" ball. In fact, Sachin would come up to bowl and say "watch this, watch this". Yet the umpire did nothing to stop it.
Issue Number 5:
Neil - non-striker, Peter King – striker, and Kamal Rahaman – bowler. Neil noticed that D'Diamond had a six (6) three (3) field - 6 one the leg, 3 on the off. Peter hit the ball for a 6. Neil then turned to the umpire - Anil and asked why that isn’t a "no ball", Anil said it wasn't. Then Neil showed him the field positioning then he agreed and signaled "no ball" with of course D’Diamond complaining.
Issue Number 6:
In that same over, with Neil batting. Neil hit the ball in the air towards deep long-on. The trajectory of the ball was going over the boundary. The fieldsman - Kem Persaud ran towards to ball and with outstretched hand, caught the ball but by that time he was already in the boundary. Ken continued his stride outside the boundary and at the same time threw the ball to one of this team mates. Manny saw the play all way and went out to the boundary where the ball was caught and explained to the ruling umpire, Anil what he saw. After a long discussion, greater than 5 minutes, Anil then came back to his spot and ruled the batsman (Neil) out.
Issue Number 7:
Manny umpiring, again D'Diamond had a 6 - 3 field with the back-stopper directly behind the wicket keeper. Manny warned D'Diamond team twice and on the third occasion, Manny called "no ball", the entire D’Diamond team rushed Manny, including the man behind the keeper (D'Diamond #10 batsman (don't know his correct name), swearing and cursing on the field "No F*****ing way"
Issue Number 8:
D’Diamond’s umpire, Anil, his umpiring was conducted under the influence of Alcohol. He was observed drinking before the game, during the D’Diamond innings when they batted, after D’diamond innings was completed, between innings break before Warriors went in to bat, and at the end of the first half of Warriors innings. We saw this because both teams were sitting in the same area.
In my opinion, D'Diamond knew there was no possible way they could have won this game without CHEATING. Warriors shocked them and then they decided to take matters into their own hands. It was one of the most blatant cheating by an umpire that I have ever seen. Calling 3 batsman out when they are clearly not out, calling "wide" when it's a "no ball", not calling "no ball" when a team has implied a 6-3 field, not calling "dead ball" when fielding players are talking on the field is a clear and is a concise depiction of someone who was pre-mediated to cheat for his team and the fact that this umpire deliberately ignore simple basics of cricket rules and how it should be applied during a game is atrocious.
In addition, the fact that I had a verbal agreement with D’Diamond’s captain Kumar Arjune on how we were going to handle the umpiring - his when they are batting, ours when we are batting and then when it is time to execute this agreement, he gets a brain aneurism, claiming he doesn't remember me telling him that; this was a plan to cheat their way to victory. Manny witnessed this agreement between Kumar and me when Kumar handed over D'Diamond's team list.
Furthermore, after several mishaps with their umpire, Anil and Warriors requesting that he be replaced/remove and Kumar refusing to abide by this request proves a telling story.
In closure, I’m appealing to the DC members, what is a team supposed to do when they get screwed over, one decision after another; are they to keep playing or walk off. If you walk off then you lose your right to protest. How is this fair? This is the first time (in years) since I have been a part of Warriors CC that we are protesting a game. I would be the first one to understand how difficult it is to be an umpire sometimes, but when you have the ability to consult with another highly proficient umpire (at square leg) who gave a completely different account of what the play actually was. It brings a lot the despicable actions to the fore front of those who committed it.
It crossed my mind several times in this game to walk off the field, but in my true nature I would never give up a game freely to an opponent. With all the obstacles we faced in this game and despite all the bad calls we were still persevering to win this game but every time we seem to be set along that path, it was taken away from us with another brutal umpire call.
The other caveat here is I am the Vice-President of this organization but obviously that didn't stand for any thing even though I pleaded the injustice. I am currently considering resignation? Is the best course of action for me?
Also, How do I file this case to the court? Can I file what? to do what? to achieve what? Can I say I want to file a case against this organization for failing to abide by their own rules?.......and what else? can I claim expenses as well?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).