Nepean Minor Hockey Association (NMHA) Disciplinary Hearing Guide
A Disciplinary Hearing (“Hearing”) can involve players, team officials, parents or any member of the Nepean Minor Hockey Association. Hearings are held to review infractions that are a part of an official game record and incidents that are not part of an official game record as off-ice conduct in the locker room, hallway or in the spectator area of an arena.
Panel Disciplinary Hearings (“Panel Hearings”) that review conduct contrary to the NMHA Code of conduct will be convened in a timely manner and be chaired by the Director at Large – Risk and Safety. Panel Hearings will be adjudicated by a panel of a minimum of 3 voting members of the NMHA Board of Directors (the “Adjudicating Panel”). Adjudicating Panels will always contain an odd number of individuals. Game infractions which require a District hearing as directed by HEO policy 6.49.1 HEO Code of Discipline Chart for Minor Hockey which are not at the HEO level are chaired by the District 10 District Chair and Adjudicating Panel (a minimum of 3 voting members of the NMHA Board of Directors). A District hearing would fall under the “Hearing” type and not considered a separate type of hearing.
Hearings generally happen for four reasons, although these are not the only reasons and Hearings may be held at the discretion of the District Chair:
- A member of the NMHA has established a pattern of negative behaviour that has resulted in the need for a Hearing;
- An incident(s) has occurred at the team level that could not be resolved to the satisfaction of the parties involved and has therefore been escalated;
- A complaint has been received and found to have merit regarding the behaviour of a player, team officials, parent or other member of the NMHA that is in violation of the NMHA Code of Conduct;
- An infraction occurred during a game under HEO Policy 6.49.1 HEO Code of Discipline Chart for Minor Hockey that requires a Hearing; and
- Any behaviour or deed that would bring the NMHA or the sport of hockey into disrepute, always avoiding offensive and disrespectful conduct.
A Panel Hearing process will generally proceed in this manner:
- Attendance for those requesting to be present at the Panel Hearing will be at the sole discretion of the Chair (either the Director at Large – Risk and Safety or the District Chair).
- All comments, questions and responses will be addressed through the Chair.
- The Chair will describe the event(s) that led to the hearing.
- The player, team official or other member of the NMHA will be allowed to state their case without interruption.
- If the Panel Hearing relates to the conduct of a player, parents, team officials, other members of the NMHA and others in attendance will be allowed to make statements and provide evidence to substantiate the statements being made.
- Panel members may ask clarifying or supplementary questions at the conclusion of an individual’s statement.
At the conclusion of all statements and questions, all those who are not members of the Adjudicating Panel shall be excused so that the Adjudicating Panel members may deliberate. The Adjudicating Panel members will deliberate until reaching a decision to either (i) determine no disciplinary action is warranted (ii) impose sanctions in accordance with the NMHA Code of Conduct (iii) uphold the minimum suspension as described in the HEO Code of Discipline, or (iv) increase the suspension (as per reference 15.8.1 of 6.49 HEO Hockey Policy (Minor)) above the minimum suspension described in the HEO Code of Discipline. The Chair of the Hearing will not have a vote on the decision made by the Adjudicating Panel.
The Disciplinary Hearing chair will notify the player, team official, other member of the NMHA or the party involved and the NMHA President of the decision of the Adjudicating Panel within 24 hours.
HOCKEY EASTERN ONTARIO HEARINGS
By reference of the HEO Code of Discipline Chart for Minor Hockey or a request for an appeal of a suspension, a hearing will/can occur at the HEO Appeals Committee. The HEO Appeals Committee consists of a HEO Director assigned as the Appeals Chair and the appeal panel. The appeal panel shall consist of no less than 3 and no more than 5 people. The appeal panel will be selected and convened by the Chair of the Appeals Committee. There is a monetary cost for HEO Appeals Meetings
Appeal Hearing Procedure:
At each HEO Appeals Committee hearing, the Chairperson will endeavour to have business conducted in the following sequence:
- Call to order.
- Ensure that a record of all attendees is recorded for the official record.
- Introduction of the HEO Appeals Committee Members.
- Identification and introduction of designated spokespersons.
- Appellant’s presentation.
- Presentation on behalf of the Council/Committee whose decision is being appealed.
- HEO Appeals Committee members question the presenters.
- Rebuttal opportunities for the presenters.
- HEO Appeals Committee members are offered an opportunity for a second round of questions to the presenters.
- Summary statements by the presenters.
- Chairperson advises that the decision of the HEO Appeals Committee will be provided, in writing, to both the Appellant and the respective Council/Committee within the next 48 hours with copies of the decision letter to all members of the HEO Appeals Committee; and
- Adjournment of the hearing followed by the private discussions required for the HEO Appeals Committee members to render a decision.
At the conclusion of all statements and questions, all those who are not members of the HEO Appeals Committee shall be excused and the HEO Appeals Committee members will deliberate until reaching a decision to either (i) uphold the minimum suspension as described in the HEO Code of Discipline, (ii) increase the suspension. or on rare occasions (iii) decrease the suspension. The Appeals Chair of the HEO Appeals Committee has no vote on decision being rendered.
The Appeals Chair will notify the HEO administrator of the decision. The Appellant or Appellant’s parent must call the HEO administrator to be read the decision reached by the HEO Appeals Committee.
There are times when HEO does not keep the Home Association informed of the decision, so we ask that the Appellant or the Appellant’s parents advise the Member District 10 District Chair of the outcome appeal hearing.