DIscipline

5.1 Discipline administered by a Governing Organization shall be rendered in accordance with the Discipline by Review (DBR) system and/or Discipline by Hearing (DBH) system.
5.2 For Discipline Hearings being convened by a District Association or any classification league the Discipline Hearing Chair shall hold current Discipline Certification Level 1 prior to the hearing being convened.
5.3 Discipline By Review (DBR)
5.3.1 An organization may use the DBR. System only for those misconduct types defined in Procedure 9.0
5.3.2 The organization's Discipline Review Panel shall meet not less than once a month, in accordance with a published schedule, to review all misconduct reports received since its last Discipline Review meeting.
5.3.3 The Case Manager shall:
a) Read the misconduct report
b) Identify the correct charge for each
c) Determine if the charge shall be handled by DBR or DBH
The Discipline Review Panel shall:
a) Make a decision on the DBR charge(s)
b) Render the mandatory penalty in accordance with Procedure 9.0.
c) Postpone a decision to a subsequent Discipline Review Meeting if it determines that further clarification and/or reports are required.
5.3.4 Notification of Penalty
Decisions shall be forwarded, in writing, by mail, fax, e-mail, or designated website, to all affected parties within four (4) days of the hearing, and shall indicate the following:
a) Exact offence(s) of which the accused has been found guilty; and
b) Starting date and the expiry date of the suspension or the specific games from which the accused has been suspended.
5.3.5 Appeal of a Decision under the DBR System
Except where a decision has been made that is in contravention of or not in accordance with a published rule, discipline decisions made under the D.B.R. System may not be appealed.
5.3.6 Requests for A Hearing
5.3.6.1 Except in cases of Ontario Soccer Misconduct Type 1.3, 1.5, 1.6, 1.13, 1.14 and 1.14A an individual who is subject to the DBR System shall have the right to request to be disciplined by the DBH System
5.3.6.2 Where applicable, the accused shall submit a written request to the Governing Organization having jurisdiction to hear the case, within three (3) days of receiving the dismissal. This request must arrive before the date of the next scheduled Discipline Review meeting, as published.
5.3.6.3 In cases where there was no dismissal/ejection was performed, the governing organization shall notify the accused, provide a copy of the Special Incident Report and provide an opportunity for the accused to request  hearing within specified timelines.
5.3.6.4 The request shall be written and submitted together with the appropriate “Request for Hearing Fee”
5.3.6.5 A Discipline Hearing Administrative Fee is only payable if the accused is found guilty of the charge.
5.3.6.6 The “Request for Hearing Fee” shall be paid prior to the start of the hearing and this fee is non-refundable.
5.4 Discipline by Hearing
5.4.1 Notification of Hearing
For Governing Organizations without regularly scheduled hearings, all those required to attend a hearing shall be given fifteen (15) days’ notice. Such notice shall also be forwarded to the Club when the offence involves a Registered Player, Team Official or Club Administrator. This notice must state the exact nature of the charges, together with the misconduct type and charge number, as outlined in Procedure 9.0, and/or as outlined in a club/league rules together with the “Rights of the Accused” to request a postponement, to bring an adviser, observers and/or witnesses. The Notice of Hearing will also include a copy of each 'Report of Misconduct' and all documentation which will be considered by the Discipline Hearing Panel received by the Governing Organization in relation to the Discipline Charge being brought against the accused.
5.4.2 For Governing Organizations that have published the dates on which they hold regularly scheduled hearings, the organization shall:
a) Publish the organization's hearing schedule and those required to attend;
b) Publish with the hearing schedule:
i. The method of notification for those required to attend;
ii. The rights of the accused party to request a postponement;
iii. The rights to bring an adviser, observer(s) and/or witnesses(s) to the hearing;
iv. The rights to receive within 48 hours upon submitting a written request to the organization, a copy of the Report(s) of Misconduct and all documentation which will be considered by the Discipline Hearing Panel
c) If the accused has not been provided disclosure in accordance with b) iv) above, at least 30 minutes prior to the commencement of the hearing, provide the accused with a copy of the Report(s) of Misconduct and all documentation which will be considered by the Discipline Hearing Panel
5.4.3 If any party required to attend a hearing challenges the legality of the hearing on the basis that insufficient notice of the hearing was given, the Hearing Panel will determine if the complaint is legitimate and, if found to be, will only proceed if relevant parties sign a waiver or will adjourn the case to a subsequent date.
5.4.4 The Discipline Hearing Panel shall not overrule any legitimate objections which are based on the Discipline Procedures contained in these "operational procedures"
5.4.5 Request for Postponement
Any party required to attend a hearing may request one (1) postponement of a hearing. The party must submit a written request which must be received by the Governing Organization no later than four (4) days prior to the date of that hearing, stating the reason for requesting the postponement. All such requests must be accompanied by the correct fee in the form of a recorded payment. Should the request be denied, the fee shall be refunded. The Governing Organization shall have full discretion to refund the “Request For Postponement Fee" if sufficient reason warrants such action.
5.4.5.1 Any Match Official required to attend does not have to pay the "Request For Postponement Fee” unless he/she is the accused.
5.4.5.2 In the event that criminal charges are laid as a result of any incident that occurred in a game or in the vicinity of the game’s venue after the game, the case shall proceed in accordance with “governing documents”, unless the accused requests a postponement of the hearing. Such “Requests for Postponement” shall be granted, but the accused shall remain suspended from all soccer related activity until his/ her case is dealt with by the Discipline Hearing Panel.
5.4.6 Request for New Hearing
5.4.6.1 Those who request another hearing after failing to attend a hearing when required to do so, shall submit a written request together with the recorded payment for the fee of $50 as specified by the Governing Organization. This fee is non-refundable.
5.4.6.2 When a hearing is postponed, the accused shall request a hearing after the disposition of the criminal charge(s) but will not be required to pay the normal "Request for Hearing Fee”. The outcome of a criminal case will not influence charges laid under “Published Rules”. Any suspension period shall include the period  during which the accused was suspended prior to the hearing.
5.5 Pleading Guilty
An accused party may plead guilty and forego a hearing. Written notification of such must be received by the Governing Organization no later than four days prior to the date of the hearing. In doing so, the accused party accepts the maximum penalty applicable to Ontario Soccer Misconduct Type charged. The appropriate administrative fee will be levied. The accused party may not appeal a decision rendered by the Discipline Hearing Panel once the guilty plea has been entered, unless the penalty assessed is not within the standard range in accordance with the Published Rules
5.6 Attendance at Discipline Hearing
5.6.1 The accused individual or Governing Organization or their representative must attend a hearing. Anyone representing an accused must provide a signed proxy from the accused before being allowed to participate at a hearing.
5.6.2 An accused may choose to be accompanied by another adult who may act as an adviser.
5.6.3 An accused less than eighteen years of age must be accompanied by an adult, who shall act as an adviser, failing which the hearing will not proceed and the accused shall be suspended until the hearing is held.
5.6.4 If the accused does not appear, the hearing will not proceed, the accused may be fined in accordance with the “Schedule of Fees, Fines, Bonds and Penalties” as published by the Governing Organization, and the accused will be suspended from all soccer related activities until he/she requests in writing and attends a hearing and pays the applicable fee.
5.6.5 In all cases of alleged Match Official Assault, the following must attend the hearing:
a) The accused; (notwithstanding 5.6.1, the accused must attend in person)
b) The person(s) submitting the report(s);
c) The Club representative.
5.6.6 If any of the above parties fail to attend may result in disciplinary action being taken.
a) An accused person failing to attend a Discipline Hearing when required to do so, shall be suspended from all soccer related activity until such time that he/she requests, in writing, another hearing and appears at that subsequent hearing; and he/ she shall be fined in accordance with the “governing documents” of the organization hearing the case.
b) A Governing Organization failing to attend a Discipline Hearing, when required to do so, shall be fined in accordance with the “governing documents” of the organization hearing the case.
5.6.7 Failure of an accused, without due cause, to participate in, or remain at, a discipline hearing when required to attend.
a) An accused person who refused to participate in a Discipline Hearing, or who walked out of the hearing, thus preventing the Discipline Hearing Panel from rendering a decision on the case, shall be suspended from all soccer related activities until such time that he/she requests, in writing, another hearing and appears at that subsequent hearing.
b) Notwithstanding Procedure 5.6.7 a), if the Discipline Hearing Panel determines that it has obtained sufficient evidence, prior to the walkout, to render a decision in the normal manner, it shall render its decision.
5.6.8 The Discipline Hearing Panel must require that the author of the misconduct report attend the Discipline Hearing where the accused has been charged with a misconduct type that may result in a penalty of one year or greater.
5.6.9 The Match Official must attend a Discipline Hearing if required by the Discipline Hearing Panel. Any reasonable expenses incurred by the Match Official shall be reimbursed by the Governing Organization handling the case.
5.7 Advisers, Club Representative, Witnesses and Observers
5.7.1 Advisers
5.7.1.1 An adviser is a person 18 years of age or older who provides advice to any party required to attend a Discipline Hearing including the Panel and may not act as a witness nor provide any testimony at the Discipline Hearing. They may not question the competence of the Match Official(s) and may question a witness for clarification purposes only.
5.7.1.2 The Chair of the Discipline Hearing Panel shall notify any advisers that the hearing will be conducted strictly in accordance with Ontario Soccer “Governing documents”.
5.7.1.3 An adviser may not be granted an adjournment of the hearing on the grounds that he/she is not familiar with Ontario Soccer “Published Rules”.
5.7.2 Observers
5.7.2.1 Each party required to attend a Discipline Hearing is entitled to have a maximum of two observers in attendance at the Discipline Hearing. They may not act as a witness nor provide any testimony but may speak at the discretion of the Discipline Hearing Panel.
5.7.2.2 If an observer interrupts a Discipline Hearing and refuses to stop such interruptions when requested to do so by the Discipline Hearing Panel, he/she shall be required to leave the hearing room, prior to the continuation of the hearing.
5.7.3 Club, Local Referee Association or League Representative
5.7.3.1 Each Club / Local Referee Association or League is entitled to send a representative to a Discipline Hearing at which one of its Player(s), Team Official(s) or Administrators or Match Official(s) is required to attend and may serve as an adviser.
5.7.3.2 At a Discipline Hearing for a Match Official Assault case, the Club shall send a representative to the hearing.
5.7.3.3 A Club Representative may also serve as an adviser to a party, usually the accused, and is entitled to the full rights of an adviser, in accordance with Operational Procedure 5.7.1.
5.7.3.4 At a Discipline Hearing for a Match Official Assault case the Local Referee Association of the assaulted Match Official shall be requested to send a representative to the hearing.
5.7.4 Witnesses
5.7.4.1 Each party required to attend a Discipline Hearing as well as the Governing Organization hearing the case, is entitled to bring witnesses. Witnesses must appear in person. Written reports by witnesses are not acceptable.
5.7.4.2 There is no limit to the number of witnesses allowed, but they must add new testimony and the Discipline Hearing Panel can restrict the testimony of witnesses if the testimony given becomes repetitious.
5.7.5 Composition of Discipline Hearing Panel
5.7.5.1 A Discipline Hearing Panel shall consist of at least three members:
1. The Chair. Please note; The Discipline Chair of a Governing body, District, League, Club or Tournament must hold current Discipline Certification Level 1 prior to the hearing being convened. Also no “Director” may sit as Discipline Chair of their own organization.
2. The Recording Secretary and;
3. A third member.
Personnel shall be carefully selected for the Discipline Hearing Panel to ensure the panel will have no significant relationship with the affected parties, will have no involvement with the misconduct being considered and will be free from any other actual or perceived bias or conflict. Only one (1) registered match official shall be allowed on a panel.
5.7.5.2 The Discipline Hearing Panel shall hear all charges at a properly convened Discipline Hearing. The accused may waive this requirement for three members by signing the appropriate waiver form.
5.7.5.3 For Discipline Hearings being convened by a District Association or any classification league, the Discipline Hearing Chair will hold current Discipline Certification Level 1 prior to the hearing being convened.
5.7.6 Discipline Hearing Procedures and Teleconference Hearings
5.7.6.1 At the start of the Hearing, all parties shall be brought into the hearing room. The Recording Secretary shall record the names and status of all attendees. The Chair shall explain to all parties present, the Discipline process and the rights and limitations of all parties to the Hearing, as described in Operational Procedures.
5.7.6.2 At the start of the hearing by teleconference, all parties shall call into the prescribed phone number to become part of the Discipline hearing. The Recording Secretary shall record the names and status of all attendees. The Chair shall explain to all parties present, the Discipline process and the rights and limitations of all parties to the Hearing, as described in the Operational Procedures.
All Witness shall provide their phone numbers, where they can receive either a text message or a phone call. 
The Witnesses shall be asked to be available to give their evidence during a later call that evening/day. The Chair shall either call or text the witness to call back into the teleconference to give their evidence. (This procedure will allow witnesses to give their evidence without actually hearing what other witnesses have testified to.) Witnesses are to remain on the tele-conference till they are excused.
5.7.6.3 With all parties present, the charges against the accused shall be read from the “Discipline Hearing Notice”, together with any other reports on which the charges have been based. After this time, all witnesses must be asked to leave the room.
5.7.6.4 With all parties (including Witnesses) present on the teleconference, the charges against the accused shall be read from the “Discipline Hearing Notice”, together with any other reports on which the charges have been based. After this time, all witnesses will be asked to leave the teleconference, but be available to call back when instructed to do so.
5.7.6.5 The person(s) submitting the report(s), if present, shall be allowed to amplify or qualify the report(s) and the accused (or adviser) shall be allowed to question the report. Questions to a witness from any party must be directed through the Chair at the Chair’s discretion.
5.7.6.6 Witnesses shall be brought back in, one at a time, at the request of either party or the Hearing Panel. After giving testimony the witnesses shall be asked to remain in the room. If they request to leave, the Panel must ensure that they leave the building and not communicate with any other witnesses that have still to be heard.
5.7.6.7 Witnesses shall be asked to call back in, one at a time, at the request of the Chair of the Hearing Panel. After giving testimony the witnesses shall be asked to remain in the Teleconference or they may leave the teleconference. If they request to leave, the Chair shall instruct that they do not communicate with any other  witnesses that have still to be heard. Questions to a witness from any party must be directed through the Chair at the Chair’s discretion.
5.7.6.8 The Chair shall allow the accused and witnesses to testify, provided the testimony is relevant, and the Hearing Panel may question the accused or any witness giving evidence.
5.7.6.9 If, during the hearing, it is determined that evidence from a witness who could not attend may be crucial to the decision, the Chair shall adjourn the hearing and reschedule it to a later date. All those who are required to attend the rescheduled hearing shall be given notice in writing in accordance with the time frames stipulated in this procedure, or by mutual consent at an earlier date.
5.7.6.10 The accused and the person(s) submitting the report(s) shall be given the opportunity to present final comments, after which the Chair shall declare the hearing recessed and notify all parties of their “Rights of Appeal”. At this time, all those other than the Panel members shall leave the room or the teleconference 5.7.6.11 The Panel shall consider the evidence and shall, wherever possible, arrive at a decision prior to adjourning. In the event that the Panel decides that further information is required, it will act accordingly, and will notify all involved parties to that effect within fifteen days. If a further hearing is considered to be necessary, the Panel shall, unless all parties agree to sign waivers, give fifteen days’ notice to all involved parties. Those parties required to attend the original hearing shall be required to be present at the subsequent hearing.
5.7.6.12 In the event that a Discipline Hearing Panel considers that (additional) charges should be laid against any Registrant or Registered Organization as a result of new evidence being discovered at the hearing, the (new) charges must be dealt with by the appropriate Governing Organization at a new hearing with a new panel held on a subsequent date.
5.7.6.13 In a situation where there are multiple discipline cases involving two or more individuals/organizations and relating to the same incident, the Discipline Hearing Panel may hear the cases concurrently at the same hearing. In such situations, all of the accused parties shall individually be given the same rights and responsibilities as a single accused individual/organization.
5.7.7 Audio Visual Technology
5.7.7.1 An audio recorder may be used by any party to record the testimony at a Discipline Hearing. All persons participating in the hearing shall be advised that the hearing is being recorded.
5.7.7.2 Video evidence is acceptable provided it substantiates verbal evidence given by any party. Video evidence that simply seeks to show errors made by a Match Official shall be ruled out of order and not considered. Video evidence that shows possible errors in identification by the Match Official shall be allowed.
5.7.7.3 If the Discipline Hearing is being conducted by teleconference, any Video evidence shall be submitted at least 4 days prior to the hearing, so that the video evidence can be forward to the panel in a manner that the panel can open to view after it has been entered under 5.7.7.2
5.7.8 Notification of Penalty
5.7.8.1 In all cases, decisions shall be forwarded, in writing, by mail, fax, e-mail, or designated website, to the parties involved within fifteen (15) days after the conclusion of the hearing. The decision shall include the "Rights of Appeal Information". If the accused is found guilty the decision shall include:
a) The exact offence(s) of which the accused has been found guilty and reasons to support the decision.
b) The exact terms of the discipline imposed, including any suspension(s), fee(s), fine(s), or bond(s).
5.7.8.2 If the written decision is not received within the specified timeframe, the accused person’s or organizations rights of appeal begin on the date of the receipt of the written decision, with the Rights to Appeal document.
5.7.9 Rights of Appeal
5.7.9.1 Any party directly affected by a decision under the DBH system has the right to appeal that decision. The discipline decision shall remain in effect pending the result of the appeal.
5.7.9.2 If the "Rights of Appeal Information" is not given to a party directly affected by the decision, then that party's rights of appeal, begin on the date of the receipt of the "Rights of Appeal Information".

1. Appeals against decisions made by a District League or club league shall be submitted, in writing, by registered mail, to the District Soccer Association and a copy of the letter of appeal shall be sent, be registered mail, to the League.

2. Appeals against decisions made by clubs affecting their member teams, officials and/or players, may follow the same procedure as in 1) above, with copies to the club that has made the decision and to the District Soccer Association.

3. The letter of appeal shall be accompanied by the correct fee, in the form of a certified cheque or money order, together with the Canada Post registration receipt or copy thereof, and a copy of the decision being appealed.

4. The letter of appeal and the copy shall be postmarked no more then five (5) days, Saturdays,Sundays and legal holidays excepted, from the date of receipt, in writing, of the decision being appealed.

5. Every appeal against a decision involving an individual over the age of eighteen (18) shall be made by that individual, and each individual making such an appeal shall submit an appeal fee of one hundred dollars ($100).

6. Every appeal against a decision involving a club or a team shall be made by at least two (2) members of the Club executive and shall be accompanied by an appeal fee of one hundred ($100).

7. Any appeal which is not submitted in compliance with all preceding regulations shall be ruled out of order and will not be heard.

8. A correctly submitted appeal shall be heard within ten (10) days, Saturdays, Sundays and legal holidays excepted, of its receipt by the District Soccer Association.

9. The lodging of an appeal shall not affect prior decisions made by Leagues or Clubs and suspensions shall remain in effect until the decision of the appeal hearing has been released by the District Soccer Association.

10. An appeal, once lodged, may only be withdrawn by permission of the District Soccer Association’s Discipline and Appeals Committee and on such terms as it may determine.

11. If an appeal is upheld, the appeal fee shall be returned.

12. Any league, club or individual aggrieved by a decision of the District Soccer Association may appeal such decision to the Provincial Soccer Association in accordance with its Rules and Regulations.

1. Any registrant and/or Registered Organization, the Accused or Victim of the accused who is directly affected by a decision of a Governing Organization or of any body or individual who has been delegated authority to make decisions on behalf of the Governing Organization, will have the right to seek Leave to Appeal that decision to the next higher Governing Organization, provided there are sufficient grounds for the appeal as set out in Policy 4.2.

2. This policy will not apply to decisions relating to

a) Matters of employment;

b) Infractions for doping offences, which are dealt with pursuant to the Canadian Anti-Doping Program

c) The FIFA Laws of the Game,

d) Discipline matters and penalties imposed under the Discipline by Review (D.B.R.) System if the

accused opted to accept the standard penalty and did not request a Discipline Hearing.

e) Matters relating to the substance, content and establishment of team selection criteria,

f) Volunteer appointments and the withdrawal of those appointments by the Board of Directors,

g) Matters of budgeting and budget implementation,

h) Matters of operational structure and committees.

3. This Policy will not apply to any matters which should be dealt with under the OSA's Dispute Resolution Policy (OSA Member Policy 12.0)

4. If there is an outstanding fine, fee, bond or penalty related to the decision being appealed that has not been paid prior to the submission of an appeal, the appeal will not proceed except under Policy 5.

5. When an appeal is filed on the basis that the monetary fine, fee, bond or penalty is excessive, then an amount of $250.00 will be paid in trust to the next higher Governing Organization together with the normal appeal fee and the appeal process will proceed. If the appeal is upheld, the $250.00 will be refunded to the Appellant, if the appeal is denied the $250.00 will be applied to the fine, fee, bond or penalty.

6. Not every decision may be appealed. Decisions may only be appealed, and appeals may only be heard,

upon the following grounds:

a) Making a decision for which the Respondent did not have authority or jurisdiction as set out in

applicable governing documents;

b) New facts that were not available when the decision was made;

c) Failing to properly interpret the relevant Published Rules;

d) Failing to follow procedures as laid out in the relevant Published Rules; or

e) Making a decision that was influenced by bias

f) Alleged excessive fine, fee, penalty or bond.

7. All other procedures relating to appeals will be as outlined in OSA Policy 10.0 “Appeals”

Appeals of decisions made by the Markham Soccer Club discipline panel are to be sent to the York Region Soccer Association in accordance with the procedures above:

York Region Soccer AssociationSept 
385 Connie Crescent, Suite 101,
Concord, ON. L4K 5R2