CODE OF DISCIPLINARY REGULATIONS

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.

1.2.1 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.

1.3.1 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.

2.1.1 A Unit has jurisdiction over:

2.1.2 A District has jurisdiction over:

2.1.3 The ACBL has jurisdiction over:

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.

2.2.1 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:

2.2.3 The ACBL Board of Directors has original jurisdiction of the following:

2.2.4 In matters coming under CDR 2.2.3 (except as provided in 2.2.3(d) and (e)), 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.

3.1 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.

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.

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, will automatically result in suspension or expulsion. If the member is disciplined for another offense during the probationary period, then the probation becomes suspension for the remainder or half of the probation period, whichever is the greater. Such new discipline shall be consecutive, not concurrent. (See CDR 4.1.8.)

During the entirety of a probationary period which is greater than ninety (90) days, a member:

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 for a specified period of all ACBL rights and privileges including membership. (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.)

4.1.8 Forfeiture of Masterpoints/Titles for Unethical Behavior.

4.1.9 Expungement.

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. 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.

4.3.1 ACBL Management may suspend a person who:

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.

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):

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.

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:

5.1.12 If a complaint, which alleges sexual harrassment against a full-time or part-time ACBL employee is brought before an ACBL Disciplinary Body, the Disciplinary Body shall immediately forward the matter to ACBL Management for action as follows:

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.

5.2.1 A complaint requesting a disciplinary hearing must be made 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.

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:

5.2.3 A person charged with a violation of CDR 3 shall be entitled to:

5.2.4 All disciplinary bodies may allow reasonable adjournments or continuances consistent with the time available to the disciplinary 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 disciplines as provided under CDR 4.2, 5.3.9, 5.3.13 and 7.

5.2.11 At the request of ACBL Management in matters coming before the Ethical Oversight Committee, League Counsel may be present to advise the Committee as to procedural matters and matters of law. The League Counsel shall be impartial and, in no case shall the League Counsel act as an advocate for the ACBL or anyone appearing before the Committee.

5.3.1 Disciplinary procedures at tournaments are intended to be expeditious. Matters heard by a TDC involving tournament discipline shall be heard and the hearing conducted at or immediately after the tournament in which the event(s) involving the discipline took place. Notices may be oral and the proceedings may be informal. 5.32.2

5.3.2 A disciplinary complaint involving events at a tournament must be brought by a participant in the tournament, by the sponsoring organization recorder or by the Director in Charge ("DIC") or his or her designee, which designation may be written or oral. An initial charge to the TDC must be brought by the DIC or his or her designee (the charging party). A decision by the DIC not to bring a charge before a TDC is final, provided that a party may take his or her complaint to the Unit or District having jurisdiction. The charging party in deciding to bring a charge must answer "yes" to the following three (3) questions:

5.3.3 All complainants are required to appear. Failure to appear may in itself be grounds for discipline.

5.3.4 Persons charged are not required to appear and their failure to appear shall not be grounds for further discipline.

5.3.5 When a Tournament Director or committee chairperson determines that a witness' testimony is critical to a hearing, then such a witness is required to appear or provide a signed written statement. Failure to appear at the hearing shall be grounds for discipline, unless reasonable cause is provided to the Tournament Director or the committee chairperson for such failure. "Reasonable cause" shall be liberally construed.

5.3.6 A person charged with a violation under CDR 3 shall be entitled to:

5.3.7 Discipline imposed by a TDC for all or part of that tournament may not be stayed. Any discipline that survives the tournament may be stayed in accordance with CDR 8. Discipline not stayed shall be expunged if the decision of the Tournament Disciplinary Committee is reversed.

5.3.8 A person?s past ACBL disciplinary sanctions which are a matter of record, should one exist, may not be considered in establishing guilt but may be relevant to the severity of the discipline to be imposed if the person is found guilty.

5.3.9 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 at the conclusion of the hearing along with notification of the name and address of the chairman of the appropriate appellate committee. (See CDR 8.)

5.3.10 A suspension imposed by a TDC shall not exceed ninety (90) days nor may an additional probation exceed ninety (90) days.

5.3.11 When a discipline imposed exceeds the permitted disciplinary limits it shall be valid only to the extent set forth in CDR 5.3.10.

5.3.12 Any discipline surviving the tournament imposed by a TDC shall commence immediately following the tournament.

5.3.13 When the TDC determines the charged person has committed an offense which may warrant a discipline exceeding ninety (90) days, the TDC, after imposing either a suspension of ninety (90) days or probation of ninety (90) days or both under CDR 5.3, shall refer its report with its recommendations via ACBL Management to:

6.2.1 A Unit level disciplinary body, the hearing must commence within twenty (20) days, unless the person charged causes a delay.

6.2.2 A District level disciplinary body , the hearing must commence within sixty (60) days, unless the person charged causes a delay.

6.2.3 The ACBL Board of Directors, ACBL Board Committee or Ethical Oversight Committee, the hearing must commence at the next ensuing ACBL Board of Directors' meeting consistent with adequate notice, unless delay is caused by the person charged.

7.1.1 A disciplined person, a complainant or ACBL Management may file a written appeal with the District Appellate Committee and/or the District President or their designee from:

7.1.2 Written notice of appeal must be made within thirty (30) days following the notice of the ruling being appealed. A written statement, which shall provide at least a reasonable basis for concluding that one (1) of the following exists,  must accompany the appeal:

7.1.3 The District shall hear and decide appeals expeditiously.

7.1.4 The decision of the District shall be in writing.

7.2.1 A disciplined person, a complainant or ACBL Management may file an appeal with the Chairman of the Appeals and Charges Committee from:

7.2.2 A written notice of appeal must be given to the Appeals and Charges Committee within thirty (30) days following the notice of the ruling. In order to be considered by the Appeals and Charges Committee, a written statement must accompany the appeal which shall provide at least reasonable grounds that one (1) of the following exists:

7.2.3 The Appeals and Charges Committee shall hear and decide appeals expeditiously.

7.2.4 Decisions of the Appeals and Charges Committee shall be in writing and shall be final. All decisions shall be reported to the ACBL Board of Directors and, thereafter, to all parties.

7.2.5 All disciplinary cases where a suspension of one (1) year or longer or expulsion is imposed shall be automatically reviewed by the ACBL Appeals and Charges Committee. On such automatic review, the Appeals and Charges Committee may increase or reduce discipline as well as affirm, reverse or modify the disciplinary determination or remand for further proceedings.

7.3.1 A disciplined person, a complainant or ACBL Management may file an appeal with the Chairman of the ACBL Disciplinary Committee from a decision of an NABC tournament disciplinary Committee.

7.3.2 A written notice of appeal must be given to the Appeals and Charges Committee within thirty (30) days following the notice of the ruling.  In order to be considered by the Appeals and Committee, a written statement must accompany the appeal which shall provide at least reasonable grounds that one (1) of the following exists:

(a) Insufficient evidence to support the verdict.

(b) Procedures inconsistent with the CDR.

(c) Discipline inappropriate.

(d) One (1) or more person(s) on the hearing panel having a bias which efected the decisions of the panel, when objection to such bias was raised at the hearing.

7.3.3 The District shall hear and decide appeals expeditiously.

7.3.4 The decision of the District shall be in writing.

7.7.1 Receive written notice of date, time and place of the appeals hearing.

7.7.2 Be represented.

7.7.3 Make statements on his or her own behalf.

7.7.4. Be present during the entire hearing, except during procedural determinations and deliberation on verdicts and sentencing.

7.7.5 Question persons testifying through the Chair, at the Chair's discretion.

8.4.1 The Chairman of the District Appellate Committee.

8.4.2 The Chairman of the Appeals and Charges Committee.

8.43 The Chairman of the ACBL Disciplinary Committee