APPEALS COMMITTEE
Chairman: John Helliwell (for details see East Management)
Secretary: tba
Terms of Reference
The Committee shall consist of a Chairman, a Secretary, and members to be selected by the Chairman on an ad hoc basis to take the total membership to three excluding the Secretary.
The Terms of Reference of the Committee shall be to: hear all eligible appeals made to the Association, operating in accordance with the Procedures for Appeals published in the Association's Handbook; seek professional assistance as and when necessary; and report decisions direct to the appellants on behalf of the Management Committee.
A quorum shall be three members excluding the Secretary, and each member, except for the Secretary, shall have one vote. In the absence of the Chairman, the three voting members shall elect a Chairman.
Procedures
A These procedures provide guidelines for the conduct of appeals but, as the circumstances in which appeals arise can vary, they may be amended for a particular appeal at the discretion of the chair of the Appeals Committee having consulted with and obtained agreement from the chair of the ERHA Council. Any such variation will be notified to all parties concerned.
B An appeal should be lodged in accordance with the appropriate set of ERHA or EHA rules and regulations.
C An appeal will be held as soon practicable but in any event within 30 days after its receipt.
D An appellant shall be entitled to a minimum of 7 days notice of a hearing and to appear in person and/or be represented at any hearing. If under the age of 16 years, the appellant may be accompanied by a person having parental responsibility as defined by the Childrens Act 1989 or by an appropriate adult.
E The person or body who made the decision against which the appeal is being made shall be entitled to a minimum of 7 days notice of a hearing, and to appear in person and/or be represented at a hearing.
F The Appeals Committee shall be entitled to require the appellant(s) and/or a representative to attend a hearing,
to require the appellant(s) to provide, prior to a hearing, any written information which it thinks fit, and to take evidence either in writing or at a hearing from any person it thinks fit including the plaintiff.
G At a hearing, the Appeals Committee will first take evidence in private from the person or representative of the body who made the decision against which the appeal is being made; it will then take evidence in private from the appellant.
H Pending the result of an appeal, any suspension under appeal shall be lifted from the date upon which the appeal is received by the relevant appeal authority. If the appeal is rejected, any period of suspension under appeal shall commence on such date as the Appeals Committee, at its entire discretion, may decide.
I An appeal does not constitute a second hearing of the case. Consideration of an appeal will be based on the issues put forward by the appellant.
J The Appeals Committee may allow or dismiss the appeal, or may order a re-hearing of the original case. If an appeal is allowed the Appeals Committee may waive the original penalty or reduce it. If a penalty is reduced its nature shall not be changed (for example: a points deduction may only be reduced to a lesser points deduction; a fine may only be reduced to a lower fine; the original penalty may be suspended for a period). If the Appeals Committee determines that the original penalty was too low, it may not increase it but shall draw the circumstances to the attention of the body imposing the original penalty. If an appeal is dismissed in whole or part, the Appeals Committee shall decide what action is to be taken in respect of any appeal fee.
K The decision of the Appeals Committee shall be final there being no other body established within the English Hockey Association to whom any further appeals can be made. The findings of the Appeals Committee are binding on all parties.
L The result of the appeal shall be sent in writing within 72 hours of an appeal hearing to the appellant and any other relevant persons or bodies.
M Any relevant matters not covered by these procedures shall be decided by the chair of the Appeals Committee having consulted with and obtained agreement from the chair of the ERHA Council.
Note
Clubs or individuals raising or considering raising an appeal must not contact or enter into correspondence with any
member of the Appeals Committee except at the instigation of the latter.