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AMERICAN CONTRACT BRIDGE
LEAGUE
CODE OF DISCIPLINARY
REGULATIONS
July, 1975
Revised, March, 1977
Revised, January 1,
1981
Revised, December,
1982
Revised, October 1,
1985
Revised, August 18,
1989
Revised, November,
1990
Revised, August, 1991
Revised, November,
1992
Revised, March, 1993
Revised, March, 1994
Revised, November,
1994
Revised, November,
1995
Revised, August, 1996
Revised, December,
1997
Revised, January 1999
Revised, December,
1999
Revised, January, 2001
Revised, April, 2001
Revised, August, 2001
Revised, November,
2001
Revised, November,
2002
Revised, March, 2003
Revised, July, 2003
Revised, November,
2003
Revised, March, 2004
CODE OF DISCIPLINARY
REGULATIONS
TABLE OF CONTENTS
Definitions . . . . . . . . . . . . . . . . . .
. . . . . . . . .1&2
1. ACBL Disciplinary Bodies of Original and
Appellate Jurisdiction . . . . . . . . . . .
. . . . . . . . . .3
2. Jurisdiction . . . . . . . . . . . . . . . .
. . . . . . . . .4&5
3. Grounds for Discipline . . . . . . . . . . .
. . . . . . . . .5&6
4. Discipline . . . . . . . . . . . . . . . . .
. . . . . . . . .6-9
5. Procedures for ACBL Disciplinary Bodies of
Original Jurisdiction. . . . . . . . . . . .
. . . . . . . . 9-15
6. Suspension Pending Hearing . . . . . . . . .
. . . . . . . . . 15
7. Appeal Procedures. . . . . . . . . . . . . .
. . . . . . . .15-17
8. Stays of Execution of Discipline Pending an
Appeal . . . . . . 18
9. Disciplines Involving Units or Districts . .
. . . . . . . . . 18
Appendix A Guidelines for Disciplinary
Proceedings. . . . .19-23
Appendix B Handbook for Appeals Committees.
. . . . . . . .24-34
Appendix C ACBL Disciplinary Sanction
Guidelines. . . . . .35-39
CDR.041 (PAGE 1)
________________
DEFINITIONS
ACBL: The American Contract Bridge League.
ACBL MANAGEMENT: The ACBL Chief Executive
Officer or his or her
designee.
ADVOCATE: A person selected by the Unit,
District or ACBL Management
to represent the organization by prosecuting
the complaint.
APPEALS AND CHARGES COMMITTEE: A committee of
the Board of Directors
which hears all disciplinary appeals on behalf
of the Board of
Directors.
BOARD OF DIRECTORS: The governing body of the
ACBL.
CDR: This Code of Disciplinary Regulations.
CHARGE: A matter brought to a committee by an
ACBL representative upon
the making of a complaint.
CHARGING PERSON: The official of a Unit,
District or the ACBL acting
upon a complaint.
"CLEAR AND CONVINCING PROOF": Proof which is
more than a probability
but less than the certainty required in a
criminal case.
COMPLAINANT: A person or body bringing a
complaint.
COMPLAINT: An accusation by an ACBL member, a
non-member playing in an
ACBL sanctioned event, ACBL management or a
Unit or District alleging
conduct in violation of CDR 3.
DISCIPLINARY: Those committees set forth in CDR
1 which are Bodies
authorized to hear charges involving tournament
discipline.
DISCRIMINATION: Actions against a full-time or
part-time ACBL
employee, independent contractor, member, or
participant in an ACBL
sanctioned event because of race, creed, color,
religion, national
origin, ancestry, sex, gender, disability,
sexual orientation or other
personal characteristics covered by law.
ETHICAL: A committee established by the Board
of Directors, Oversight
Committee which hears original cases of
cheating or serious breaches
of ethics or other disciplinary referrals per
CDR 2.2.3(d).
ETHICAL VIOLATIONS: Infractions of the Laws of
Duplicate Contract
Bridge or the CDR that involve improper conduct
consciously
perpetrated. "Ethical violations," include but
are not limited to:
1. Any deliberate communication not allowed by
the Laws of Duplicate
Contract Bridge.
2. Obtaining unauthorized information from
hand records of the
current session prior to the conclusion of
play or hand records of
future sessions, except upon express
instruction of the Director.
3. Purposely looking at the unplayed cards of
another player (other
than penalty cards) before play of the deal is
concluded.
4. Purposely looking at another player's
(other than partner's)
private score or any score ticket or score
slip, or a video screen,
which displays or contains scoring information
for or relating to a
deal yet to be played by the offender during
the session.
5. Deliberately behaving in a manner intended
to disrupt,
intimidate, or disconcert another player.
6. Concealing partnership agreements or
deliberately providing
incomplete, inaccurate, misleading, or
inadequate explanations.
7. Deliberate violations of the Laws of
Duplicate Contract Bridge
and/or ACBL regulations which may produce
improper or unfair
advantages; no proof of intent to gain such
unfair or improper
advantage is necessary.
EXPULSION: See CDR 4.1.5.
CDR.041 (PAGE 2)
________________
EXPUNGEMENT: The removal of a discipline from a
person's disciplinary
record so that it is as though the discipline
was never imposed.
LAW: A provision in the "Laws of Duplicate
Contract Bridge."
PARTICIPATION IN AN ACBL SANCTIONED EVENT:
Appearing in the playing
area of an ACBL sanctioned tournament for any
reason.
PRESENTER: A person selected by the Chairman of
the Disciplinary
Committee or the organization with
jurisdiction, to make or assist
with an impartial and neutral presentation of
evidence to a
disciplinary body.
PRESIDENT: The President of the ACBL Board of
Directors.
PROBATION: See CDR 4.1.2.
REPRIMAND: See CDR 4.1.1.
SANCTIONED EVENT: For the CDR, any ACBL
sanction issued by the ACBL to
a club, unit or district and any event awarding
ACBL masterpoints
which is conducted and sponsored by the ACBL.
SEXUAL HARASSMENT AGAINST A FULL-TIME OR
PART-TIME ACBL EMPLOYEE OR A
DISTRICT OR UNIT TOURNAMENT EMPLOYEE:
Unwelcome sexual advances, requests for sexual
favors and other verbal
or physical conduct of a sexual nature against
a full-time or
part-time ACBL, district or unit employee when
such advances or
conduct occurs during or part of an
individual's employment for the
ACBL OR FOR AN acbl DISTRICT OR UNIT. Sexual
harassment includes, but
is not limited to: sexual innuendo or
sexually-oriented verbal abuse;
unwanted physical contact such as hugging,
patting, stroking, or
grabbing body parts; displaying sexually
suggestive objects, pictures
or materials; using disparaging and demeaning
terms of a sexual nature
which belittle or degrade; using sexist terms
involving prejudice or
discrimination based on one's sex; using sexist
jokes or "teasing" of
a sexist nature; making obscene gestures or
suggestive/insulting
sounds; indecent exposure; and/or inappropriate
verbal or physical
advances of a sexual nature.
SUSPENDED SENTENCE: See CDR 4.1.3.
SUSPENSION: See CDR 4.1.4.
TDC: The Tournament Disciplinary Committee
which is a committee acting
and completing its action at or immediately
after an ACBL tournament
and which hears disciplinary charges arising
from action occurring at
a tournament.
CDR.041 (PAGE 3)
________________
CODE OF DISCIPLINARY REGULATIONS
The purpose of the CDR is to provide a fair
hearing to every ACBL
member charged with a disciplinary infraction.
However, it is to be
understood that disciplinary proceedings are
not criminal or civil
trials in that they do not involve personal
liberty but rather the
privileges of membership in the ACBL or
continued participation in
ACBL sanctioned events. The CDR also applies
to non-members of ACBL
when participating in ACBL sanctioned events.
1. ACBL Disciplinary Bodies of Original and
Appellate Jurisdiction
1.1 Unit Disciplinary Committee
1.1.1 Each Unit shall have a standing
Disciplinary Chairperson.
1.1.2 Each Unit shall have either a standing
Unit Disciplinary
Committee or procedures to appoint a
committee when
necessary.
1.2 District Disciplinary Committee
1.2.1 Each District shall have a standing
Disciplinary Chairperson.
1.2.2 Each District shall have either a
standing District
Disciplinary Committee or procedures
to appoint a committee
when necessary.
1.3 District Appellate Committee
1.3.1 Each District shall have a standing
Appellate Chairperson who
may not be the same person hearing the
matter as in CDR 1.1.1
or 1.2.1.
1.3.2 Each District may have a standing
District Appellate
Committee but at a minimum must have
procedures to appoint a
committee when necessary. In no event
may a member of this
committee be a member of the committee
hearing the matter as
in CDR 1.1.1 or 1.2.1.
1.4 Tournament Disciplinary Committees are
established by Units,
Districts and/or the ACBL Board of
Directors for hearing charges
on actions occurring respectively at
Sectional Tournaments,
Regional Tournaments, North American
Bridge Championships or
ACBL sanctioned events sponsored by Units,
Districts or the
ACBL.
1.5 The Ethical Oversight Committee shall,
upon the direction of
ACBL Management and with consultation of
League Counsel, hear
original cases of alleged cheating by use
of signals, other
unauthorized information, other forms of
cheating, or serious
breaches of ethics. The ACBL President
and District Director of
the person charged shall be notified of a
decision to hold an
Ethical Oversight Committee hearing. The
results of its
hearings shall be reported to the parties,
the Board of
Directors and ACBL Management.
1.6 The Appeals and Charges Committee.
1.7 ACBL Management.
1.8 TDCs of Organizations Sponsoring an ACBL
Sanctioned Tournament
or Event, Except Units, Districts or ACBL.
1.9 The ACBL Disciplinary Committee shall hear
cases regarding those
matters specified in the CDR 2.2.3 (d) and
(e) or other original
cases when so instructed by the ACBL Board
of Directors. This
committee shall act as an appellate body
and hear appeals per
CDR 7.3.
CDR.041 (PAGE 4)
________________
2. Jurisdiction
2.1 Of Units, Districts and ACBL (see also
2.2)
2.1.1 A Unit has jurisdiction over:
(a) Members of the Unit when such a
member is participating
in a sanctioned event or other
Unit, District or ACBL
sponsored activity.
(b) Persons participating in a
sanctioned event held within
the Unit's geographical
boundaries.
2.1.2 A District has jurisdiction over:
(a) Persons participating in a
sanctioned event held within
its geographical boundaries
(District Disciplinary
Committee).
(b) Those residing within the
District, for appellate
purposes only (District Appellate
Committee).
2.1.3 The ACBL has jurisdiction over:
(a) Members of ACBL or others
disciplined, for appellate
purposes only, except where
otherwise specified in the
CDR.
(b) Persons participating in a
sanctioned event held under
its jurisdiction.
(c) ACBL members who have been
disciplined or sanctioned by
any other bridge organization.
2.1.4 A Tournament Disciplinary Committee,
as well as the
disciplinary committee of the
sponsoring organization, has
jurisdiction over persons in
attendance at that tournament.
Notwithstanding the above, the
disciplinary committee of the
sponsoring organization has the right
to hear a matter within
its jurisdiction beyond the date or
dates of the tournament.
If such right is not exercised, the
matter shall be referred
to the member's Unit pursuant to CDR
2.1.1.
2.1.5 None of the disciplinary bodies noted
in CDR 2.2.1 have
jurisdiction over ACBL employees
(members or not) in pursuit
of their employment.
2.2 Of Disciplinary Bodies
2.2.1 Units have only original jurisdiction,
except when otherwise
explicitly stated in the CDR.
2.2.2 In addition to its appellate
jurisdiction, Districts have
jurisdiction in the following cases:
(a) Disputes between Units within the
District.
(b) Cases involving alleged violation
by Units referred to
in CDR 9.1.
(c) Cases where there is no
appropriate Unit disciplinary
body.
(d) When, in the opinion of the
District Board,
circumstances make it impractical
for the matter to be
heard by the Unit.
(e) When, in the opinion of the Unit
or District Board, the
matter cannot be fairly heard by
the Unit.
2.2.3 The ACBL Board of Directors has
original jurisdiction of the
following:
(a) Disputes between Districts.
(b) Disputes between Units from
different Districts.
(c) Cases involving alleged violations
by Districts,
referred to in CDR 9.2.
CDR.041 (PAGE 5)
________________
(d) When, in the opinion of the
District Board or the ACBL
Board of Directors, circumstances
make it impractical or
unfair for the matter to be heard
by the District or
Unit. If such matter is
disciplinary in nature and if
original jurisdiction, the matter
shall be referred to
the ACBL Disciplinary Committee
for decision.
(e) When a disciplinary committee
refers a matter heard at
an NABC to the ACBL, it shall be
referred to the ACBL
Disciplinary Committee for action.
(f) When an ACBL member has been
disciplined by another
bridge organization, the ACBL
Board of Directors
Executive Committee may make
charges under CDR 3.17 and
refer the matter to the Ethical
Oversight Committee or
ACBL Disciplinary Committee as
appropriate.
2.2.4 In matters coming under CDR 2.2.3
(except as provided in
2.2.3(d) and (e) and (f)), the matters
will be considered and
findings made by the Appeals and
Charges Committee, subject
to approval, modification or rejection
by the Board of
Directors.
2.2.5 ACBL Management has original
jurisdiction of matters set
forth in CDR 4.3, CDR 5.1.12 and other
sections so provided
in the CDR.
3. Grounds for Discipline
3.1 Violation of the Laws of Duplicate
Contract Bridge.
3.2 Violation of ACBL regulations.
3.3 Leaving a session prior to completion of
play without either
good cause or the permission of the
tournament or game director.
3.4 Accusations of unethical bridge conduct at
an ACBL sanctioned
event, not made privately to a tournament
director or other
tournament official. Private and
confidential conversations are
not within the ACBL's jurisdiction even if
they take place at a
tournament site.
3.5 Violation of CDR 4.4.
3.6 Betting on the results of any ACBL
sanctioned event.
3.7 Actions or behavior unbecoming a member of
ACBL (or a person
participating in an ACBL sanctioned
event), including, but not
limited to, improper actions at the time
and site of an ACBL
tournament or sanctioned game including
parking lots, elevators,
restaurants, and hotels. Private and
confidential conversations
are not within the ACBL's jurisdiction
even if one takes place
at a tournament site.
3.8 Non-payment of a valid hotel bill when the
person participating
in an ACBL sanctioned tournament stays at
such hotel during that
ACBL sanctioned tournament.
3.9 Non-payment of any sums owed ACBL,
Districts, or Units.
(For example: bad checks.)
3.10 Filing formal legal action against a
Unit, District or the ACBL
without first exhausting ACBL
administrative or other internal
remedies.
3.11 Improper conduct toward any official or
body of ACBL.
CDR.041 (PAGE 6)
________________
3.12 Influencing or attempting to influence an
entrant or entrants
other than one's partner or teammates to
withdraw from any ACBL-
sanctioned event.
3.13 Knowingly submitting false information to
a tournament official,
ACBL official or ACBL body.
3.14 Failure to appear before a disciplinary
committee in violation
of CDR 5.2.5, 5.3.3 and 5.3.5.
3.15 Initiating disciplinary action against
another with no
reasonable basis or appealing the
decision of a disciplinary
body with no reasonable basis. (The
rejection of a complaint is
not equivalent to a finding that there
was not a reasonable
basis.)
3.16 Refusing any reasonable request for
cooperation by a duly
appointed recorder or assistant recorder
pursuant to the proper
conduct of the recorder's duties.
3.17 Improper conduct, a breach of ethics or
improper behavior by an
ACBL member for which another bridge
organization has issued a
discipline or sanction against said
member. This section may be
implemented only by the ACBL Executive
Committee under CDR 2.2.3
(e).
4. Discipline
4.1 Except for disciplines which may be
imposed at tournaments under
CDR 5, the subsections in this CDR 4 set
forth the only
discipline which may be imposed by ACBL
disciplinary bodies.
ACBL disciplinary bodies may choose to
combine such disciplines.
Except for CDR 4.1.6, a disciplinary
action by an ACBL
disciplinary body shall apply to all
events sanctioned by the
ACBL. The following disciplines do not
apply to conditions for
a player's readmission to the ACBL,
conditions for a player
being allowed to play following a
suspension, or the authority
of any sanctioned ACBL club game to remove
or ban any player
from playing at that club game. All
discipline shall be matters
of public review and shall be filed in the
person's disciplinary
record. Discipline imposed shall be
subject to ACBL rules and
regulations in effect at the time in which
incident(s) occurred
which led to the discipline.
4.1.1 Reprimand. A written determination
that a person has
committed an offense warranting
discipline for which the
appropriate sanction is a statement of
censure, an
explanation of the relevant
disciplinary policy and a warning
against further related violations.
4.1.2 Probation. A determination that a
person has committed an
offense warranting discipline such
that the person must lose
some of the privileges of membership
and such that any
further disciplinary violation,
whether similar or different,
may will automatically result in
suspension or expulsion as
follows.
CDR.041 (PAGE 7)
________________
a. If the member is disciplined for
another offense during a
discrete the probationary period,
then if the new
discipline is:
(1) Expulsion, no further
discipline.
(2) Probation in excess of 90
days or suspension, the
previous probation becomes
suspension for the remainder or
half of the probation period,
whichever is the
greater. The new discipline
shall be consecutive, not
concurrent. (See CDR 4.1.8.)
(3) Other, the committee issuing
the new discipline shall
determine how much, if any,
of the previous
probationary period shall
become a period of
suspension.
b. If the member is disciplined for
another offense during an
indeterminate, permanent or
lifetime probationary period,
then if the new discipline is:
(1) Expulsion, no further
discipline.
(2) Probation in excess of 90
days or suspension, the
committee issuing the new
discipline shall determine
how much of the previous
probation shall become a
period of suspension. The
suspension must be a
minimum of one year. The new
discipline shall be
consecutive, not concurrent.
(See CDR 4.1.8.)
(3) Other, the committee issuing
the new discipline shall
determine how much, if any,
of the previous
probationary period shall
become a period of
suspension. The new
discipline shall be consecutive,
not concurrent. (See CDR
4.1.8.)
4.1.3 Suspended Sentence. A determination
that a person has
committed an offense warranting
discipline such that a
suspension would normally be imposed
effective immediately,
but based on mitigating circumstances
the suspension is being
waived, conditioned on good behavior
for a specified period
of time. When the discipline is
imposed and the execution
thereof suspended, such suspension
shall be deemed to be
probation. (See CDR 4.1.8.)
4.1.4 Suspension. A determination that a
person has committed an
offense warranting abrogation of all
ACBL rights and
privileges including membership for a
specified period.
(See CDR 4.1.8.)
4.1.5 Expulsion. A determination that a
person has committed an
offense warranting permanent
abrogation of all ACBL rights
and privileges, including membership.
(See CDR 4.1.8.)
4.1.6 Exclusion From Events. A
determination that a person has
committed an offense warranting
abrogation of the person's
right to play in certain specified
events. (See CDR 4.1.8.)
4.1.7 Reduction or Forfeiture of
Masterpoints or Tournament Rank or
Disqualification. A determination
that a person has
committed an offense at a tournament
warranting forfeiture of
a specified number or all of the
masterpoints earned in that
event, or in the tournament in which
the offense occurred, or
a reduction of rank in a particular
event, or
disqualification in the event or
tournament or any
combination of the above. (See CDR
4.1.8.)
CDR.041 (PAGE 8)
________________
(a) When the determination has been
made before the
termination of the applicable
correction period,
resulting in a reduction in rank
or disqualification,
the standing of the other
contestants in the event shall
be adjusted to reflect such
determination.
(b) When the determination has been
made after the
termination of the applicable
correction period, a
reduction in rank or
disqualification shall not affect
the standing of the other
contestants in the event even
though there may be no winner
because of such action.
4.1.8 Forfeiture of Masterpoints/Titles for
Unethical Behavior.
(a) Any participant(s) in an ACBL
sanctioned event convicted
of premeditated or collusive
cheating or any participant
who admits to such action or
actions shall forfeit all
masterpoints and titles
theretofore earned by said
participants in all ACBL events.
(b) Any participant(s) in an ACBL
sanctioned event suspended
for one year or longer as a result
of ethical
transgressions, other than those
set forth in this CDR
4.1.8 (a), shall forfeit any
masterpoints and titles won
in the event in which the
offense(s) occurred. Further,
the committee shall remove, as a
minimum, all
masterpoints won within the twelve
(12) calendar months
preceding the date of the offenses
to a maximum of all
masterpoints won within the
thirty-six (36) calendar
months preceding the date of the
offense(s).
(c) Teammates and partners of (a)
participant(s) who
suffer(s) penalties as provided in
CDR 4.1.7 and 4.1.8
(a) or (b) shall forfeit any
title(s) and masterpoints
won in events in which the offense
or offenses occurred.
(d) Titles forfeited in CDR 4.1.8 (a),
(b) or (c) shall
remain vacant and there shall be
no change in rankings
or awarding of masterpoints for
other contestants.
4.1.9 Expungement.
(a) No ACBL disciplinary body of
original jurisdiction may
order expungement as a part of a
discipline.
(b) A discipline which has been issued
by an ACBL
disciplinary body may be expunged
from a person's record
only by action of an appellate
body for good cause.
4.2 ACBL Probation and Suspension.
4.2.1 A person who has been disciplined
twice in accordance with
CDR 4.1 within a twenty-four (24)
month period shall be
automatically placed on ACBL probation
for two (2) years by
ACBL Management. A violation of such
probation shall result
in automatic suspension for sixty (60)
days by ACBL
Management and such additional
disciplines, including
expulsion from the ACBL, as may be
determined by the ACBL
Appeals and Charges Committee. At the
meeting of the ACBL
Appeals and Charges Committee the
disciplined party is
entitled to be present in person, by a
qualified
representative or by telephone to
discuss the case. ACBL
discipline imposed as a result of
multiple offenses shall be
consecutive to the imposition of the
original discipline.
CDR.041 (PAGE 9)
________________
When both of the disciplines are
public reprimand, ACBL
Management shall inform the person
that he or she may request
the Appeals and Charges Committee to
consider extenuating
circumstances to have the ACBL
probation suspended. When
considering such relief, the entire
ACBL disciplinary record
of the member shall be considered.
4.2.2 Violation of probation is deemed to
have occurred when a
person who is under ACBL probation has
violated a law, rule
or regulation of the ACBL and has been
disciplined as a
result of such violation, unless that
new discipline is
reversed by an appellate body and in
the event of any further
hearing(s), no further discipline is
imposed.
4.3 Suspension by ACBL Management.
4.3.1 ACBL Management may suspend a person
who:
(a) Has not paid dishonored checks to
ACBL, its Districts,
Units or Conferences;
(b) Has failed to pay a valid hotel
bill to a hotel
supporting an ACBL tournament
without notifying ACBL and
the hotel that he or she disputes
such obligation in
good faith.
(c) Has failed to pay a debt to ACBL,
its Districts, Units
or Conferences without notifying
ACBL that he or she
disputes such obligation in good
faith.
(d) Has failed to submit club
masterpoint reports in a
timely manner (the person may be
either the sanctioned
owner and/or club manager).
(e) Has failed to return a traveling
trophy upon demand.
4.3.2 ACBL Management may cancel any
suspension imposed under CDR
4.3.1 within sixty (60) days after the
dishonored check(s),
hotel bill(s) or outstanding debt(s)
is paid or the trophy is
returned, but if ACBL Management
should not cancel such
suspension, it shall report to the
appropriate disciplinary
body giving the reason therefore.
4.3.3 If the ACBL Management has cause to
believe that a person has
violated his or her discipline, it may
suspend such person
pending a review by the person's Unit
Disciplinary Committee
for consideration of additional
sanctions.
4.4 In every sanction resulting in suspension
or expulsion, a person
may not participate in any National,
District, Unit, club or
other ACBL sanctioned activity including,
but not limited to (I)
acting as non-playing captain, (ii)
kibitzing any game or event,
(iii) being physically present at the
playing area of a
tournament, (iv) participating personally
or through a
corporation or other entity, agent, "doing
business as" or other
device in bridge-related affairs of the
ACBL or of any ACBL
affiliated organization.
4.5 The effective date of a discipline imposed
shall be that date
named by the committee in its
determination, or failing that,
five (5) days after oral or written
notification to the
disciplined person.
4.6 A report shall be submitted to ACBL
Management by the
disciplinary body imposing a sanction.
Further, in order that a
disciplinary action may be considered in
imposing ACBL
Probation, a report must be on file with
ACBL Management. ACBL's
Disciplinary Guidelines are attached as
CDR Appendix C.
CDR.041 (PAGE 10)
_________________
5. Procedures for ACBL Disciplinary Bodies of
Original Jurisdiction
5.1 Procedural Principles for Conduct of
Hearings by Unit, District,
and National Committees [See, also CDR
Appendix A (Guidelines
for Disciplinary Proceedings) and CDR
Appendix B (Handbook for
Appeals Committees)]
5.1.1 The Chairperson of the disciplinary
body should be familiar
with the CDRs, the Guidelines for
Disciplinary Proceedings
(CDR Appendix A) and the Handbook for
Appeals Committees (CDR
Appendix B).
5.1.2 The procedures before these Committees
are intended to
promote a hearing which is expeditious
under the
circumstances prevailing and as simple
and informal as
circumstances permit, keeping in mind
at all times the rights
of the parties.
5.1.3 It is strongly recommended that a
stenographic or tape record
be kept. Should a stenographic or
tape record be requested,
the cost shall be borne by the person
requesting the record
(who must also provide, if requested,
a free copy to the
other party and the committee).
5.1.4 The Committee shall not be bound by
legal rules, whether of
substantive law, evidence or
procedure, and shall be liberal
in receiving evidence. The receipt of
evidence is not
necessarily indicative of the weight
or the credit which the
Committee may give it in their
ultimate determination; thus,
hearsay evidence and written
statements may be admitted and
given such weight as the Committee
deems appropriate. Each
member of the committee makes the
decision as to
responsibility using a standard of
"clear and convincing
proof."
5.1.5 The Committee shall determine the use
of opening and closing
statements and submission of briefs
and memoranda.
5.1.6 Pre-hearing conferences may be held
relative to the
narrowing or framing of issues or
procedural questions
relating to the matter before the
Committee, if, in the
Committee's or its Chair's judgment
it is so warranted.
5.1.7 Under such terms and conditions as
the Committee, in its
discretion, shall deem proper it may
(but shall not be
required to):
(a) Order an additional
investigation;
(b) Direct pre-hearing disclosure of
evidence and
witnesses;
(c) Permit presentation of written
statements for use at
the hearing;
(d) Limit the number of witnesses to
be heard;
(e) Clarify and define the issues to
be heard; and
(f) Consolidate proceedings where the
parties or the issues
are the same.
5.1.8 The hearing may be adjourned from
time to time for good
cause shown, upon the application of
a party or upon its own
motion.
5.1.9 There shall be no automatic
challenges to committee members.
There may be challenges for cause,
such as bias. In such
cases the balance of the committee
shall decide the validity
of the challenge.
CDR.041 (PAGE 11)
_________________
5.1.10 Other than as provided in the CDR,
the party accused shall
not be entitled to prehearing
discovery as might be provided
in civil litigation.
5.1.11 Representation on behalf of ACBL
Disciplinary Bodies of
Original and Appellate Jurisdiction
may be provided at cost
to the disciplinary body, as follows:
(a) In matters before TDCs, the DIC
may appoint a
representative to be an advocate
of the Unit, District
or ACBL or a neutral presenter of
facts.
(b) In matters before Unit or
District Disciplinary
Committees, the Unit or District
President may appoint
a representative to be an
advocate of the Unit or
District or a neutral presenter
of facts.
(c) In matters before the Ethical
Oversight Committee, ACBL
Management may appoint a
representative to be an
advocate of the ACBL or a neutral
presenter of facts.
(d) In matters before District
Appeals, the District
President may appoint a
representative to be an
advocate of the District or a
neutral presenter of the
matters on appeal.
(e) In matters before Appeals and
Charges Committee, ACBL
Management may appoint a
representative to be an
advocate of the ACBL or a neutral
presenter of facts.
5.1.12 If a complaint, against a person
based on the person's sexual
harassment against a full-time or
part-time ACBL employee or
a Unit or District tournament
employee, is brought before an
ACBL Disciplinary Body, the
Disciplinary Body shall
immediately forward the matter to
ACBL Management for action
as follows:
(a) ACBL Management shall
expeditiously investigate the
matter referred, including
interviews of the
complainant and accused, and make
a decision to:
- Exonerate the accused and take
no action.
- Impose a reprimand.
- Impose probation.
- Impose suspension.
- Impose expulsion.
(b) A written notice of the decisions
of ACBL Management
and the reasons therefore shall
be provided to the
accused person and the Appeals
and Charges Committee.
(c) At its first meeting subsequent
to the ACBL Management
decision, the Appeals and Charges
Committee shall make
an automatic review of the ACBL
Management decision.
Such reviews shall be consistent
with the procedures at
appellate reviews, except that
the accused party shall
be entitled to present evidence
and witnesses at the
review hearing.
5.1.13 All disciplinary actions are a matter
of record. In order
that a disciplinary action be
considered in imposing
probation under CDR 4.2, a report
must be filed with ACBL
Management.
CDR.041 (PAGE 12)
_________________
5.2 Disciplinary Procedures for Unit and
District Disciplinary
Committees and the Ethical Oversight
Committee.
5.2.1 A complaint requesting a disciplinary
hearing must be made in
writing to the appropriate entity
having jurisdiction (see
CDR 2.1, 2.2 and 2.3) within the
period of limitations
described in CDR 5.2.1. Note: A
complaint is the basis for
an official charge to a disciplinary
body. The disciplinary
body receives and acts on a charge or
charges, not a
complaint or complaints.
(a) An initial complaint involving a
single incident of
conduct must be brought within
thirty (30) days of
discovery of the incident.
Irrespective of the
foregoing period of limitations,
the subject of a
complaint is permitted to file a
complaint related to
the original incident against the
complainant within
fifteen (15) days of written
notification that there has
been a charge made against him or
her.
(b) A complaint involving a pattern of
conduct must be
brought within five (5) years of
the earliest instance
referenced in the complaint.
(c) A complaint involving the
conveying of information by
unauthorized means, whether within
a partnership or not
(see Law 73.B.2), is not subject
to a statute of
limitations.
5.2.2 An initial charge based upon a
complaint must be brought
expeditiously by the charging party
(for example, the
president or recorder) of the
organization having
jurisdiction. (See CDR 2.) If the
organization has failed to
designate an individual, the president
is the charging party.
No person sitting on the
organization's disciplinary
committee should be the charging
party. The charging party
in deciding to bring a charge must
answer "yes" to the
following three (3) questions:
(a) Is there prima facie evidence that
the complaint has
some validity (that there was
misconduct)?
(b) Does ACBL have jurisdiction?
(c) If found responsible, would the
disciplinary committee
be obligated to issue a
discipline?
5.2.3 A person charged with a violation of
CDR 3 shall be entitled
to:
(a) Receive written notice of the
date, time, and place of
hearing. Should a person admit to
a charge, a hearing
shall be held in order to
determine and impose
appropriate discipline.
(b) Be furnished with a written
statement of the charge(s)
and the name of the complainant.
(c) Be represented by another person.
(d) Produce evidence and make
statements on his/her own
behalf.
(e) Be present during the entire
hearing, except during
procedural determinations and
deliberation on verdicts
and sentencing.
(f) Question persons testifying
through the Chair at the
Chair's discretion.
CDR.041 (PAGE 13)
_________________
5.2.4 All disciplinary bodies may allow
reasonable adjournments or
continuances consistent with the time
available to the
ordinary body.
5.2.5 All complainants are required to
appear in person or by
telephone. Failure to appear may be
grounds for discipline.
5.2.6 Charged persons are not required to
appear and their failure
to appear shall not be grounds for
further discipline.
5.2.7 A person's past ACBL discipline which
is a matter of record,
should such exist, may not be
considered in establishing
guilt but may be relevant to the
discipline to be imposed if
the person is found guilty. (See CDR
Appendix C.)
5.2.8 The disciplined person, complainant or
ACBL Management may
file an appeal with the appropriate
appellate body. The
disciplined person and the
complainant, if any, are to be
informed of this right in writing and
in a timely manner
along with notification of the name
and address of the
chairman of the appropriate appellate
committee.
(See CDR 7.)
5.2.9 A written report in a format provided
by the ACBL shall be
made of all hearings, including a
brief summary of the facts,
the committee's findings and what
sanction, if any, is to be
or was imposed. The disciplined
person, the complainant and
ACBL Management shall receive the
written report.
5.2.10 A person who has been subjected to a
disciplinary proceeding
conducted under CDR 5 shall not be
subject to any further
proceedings by any other disciplinary
body for the same
matter, except pursuant to appeal
and/or for additional
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