Incident Review Protocols

The Reporting Process

1.1 Incidents are to be only reviewed by La Trobe Sport through the below channels.

A report through the Incident Lodgement Form
A report from a match official to La Trobe Sport
A report from a La Trobe Sport Staff Member

1.2 A report through the Incident Lodgement Form does not automatically constitute a formal review of an incident.

1.3 Incident types that may constitute a formal review:

Assault/ fighting
Deliberately endangering health and safety
Verbal abuse and swearing
Multiple unsportsmanlike behaviours in a match
Cheating, tanking, bribery
Playing whilst suspended
Spitting
Not following stadium policies and procedures
Using an obscene gesture
Threatening a player, putting fear of impending violenc

1.4 Incident types that may not constitute a formal review:

Any contact reasonably expected in match.
Isolated decisions made by a match official.
Isolated incidents in a match reasonably expected to be sanctioned by the match official.
Incidents that do not endanger any players.
Accidental contact made by a player.

Incident Lodgement Form

2.1 An Incident Lodgement Form is the only method for players, spectators, or the public to request a formal review.

2.2 It is recommended that an Incident Lodgement Form is completed even if a Match Official or La Trobe Sport Staff member has been made aware of it.

2.3 The Incident Lodgement Form must be completed within 48 hours. Incident Lodgement Forms completed outside of this time frame will not be reviewed by La Trobe Sport.

2.4 In the instance that a player, spectator, or witness does not complete an Incident Lodgement Form on the assumption that a match official or La Trobe Sport staff member would report it, the incident will not be reviewed. Confirmation of a report can only come in the form of written notification by La Trobe Sport.

2.5 An Incident Lodgement Form can only be submitted by a registered player of the competition. If a spectator, bystander, or someone not registered in the competition would like to put in an incident lodgement, they must get a registered player to do it on their behalf.

2.6 An Incident Lodgement Form can be submitted by a parental guardian on behalf of a participant, given the participant is aged 16 or 17 years old.

2.7 It is compulsory to have already spoken to a match official prior to submitting an Incident Lodgement Form.

2.8 If deemed necessary, alleged persons or teams may be restricted from participating in a competition while a review is underway.

Review Types

3.1 Following an Incident Lodgement Form being submitted, or a report made by a match official or La Trobe Sport Staff member, the incident will then be designated to a formal review, or a general review.

3.2 The discretion of the review type is up to La Trobe Sport. A decision on the review type is assisted by items set out in 1.3 and 1.4.

General Review

4.1 A general review constitutes but is not limited to items listed in 1.4.

4.2 Usually, a general review will result in a warning given, a minimal suspension given, or a follow up with the match official provider.

4.3 A general review may be aided by CCTV, but it isn’t required.

4.4 A general review may be assisted by witness statements but isn’t required.

4.5 Concluding a general review, the complainant will receive a follow up in writing.

4.6 There are no avenues for escalation for a general review.

Formal Review

5.1 A formal review constitutes but is not limited to items listed in 1.3.

5.2 Once a formal review has been launched, the Incident Review Officer will take a witness statement off any relevant parties. Please see section 6 for more on witness statements. Relevant parties may include:

(a) Team captains form both sides

(b) Match officials

(d) Any players involved in the incident

(e) If it is classed as a team incident (see xx), the opportunity for a witness statement will be afforded to all members.

(f) Witnesses

5.3 Footage from CCTV and Keemotion cameras may be utilised to aid the review. It is not guaranteed these will be working or in a position to aid the review of an incident.

5.4 Once the 48-hour period for submission of witness statements has elapsed, the Incident Review Officer will review the incident, based on the available evidence, in accordance with the Suspension Guidelines.

5.5 The Incident Review Officer has the authority to consult the decision with the Competition Supervisor.

5.6 The Incident Review Officer will notify all relevant parties of the outcome of the investigation in writing. Any suspension will be from the moment of contact.

Witness statements

6.1 A witness statement will only be collected through the Statement Collection form, made available after a review has been launched.

6.2 The Incident Lodgement Form will act as the witness statement of the submitter; they will also be afforded the opportunity to provide an additional statement.

6.3 Once the relevant witness has been notified, they will have 48 hours to complete a written witness statement. Once the 48 hours from the time of notification has elapsed, a witness will no longer be able to submit a statement.

6.4 La Trobe Sport may collect witness statements after this period, if the statement is vital to the review, or if deemed appropriate by La Trobe Sport. La Trobe Sport will have the final say in this instance.

Appeals

7.1 There shall be no right of appeal from a decision from the Incident Review Officer, unless the person seeking the right to appeal satisfies that one or more of the following grounds are met:

That significant or new additional evidence has become available since the outcome of the incident has been reached.
The penalty imposed by the Incident Review Officer grossly exceed those recommended under the Suspension Guidelines
That the Incident Review Officer failed to follow procedures or requirements of the Suspension Guidelines to the significant detriment of the person seeking an appeal.

7.2 Only a charged person has the right to appeal.

7.3 Appeals can be only made within 48 hours of receiving the suspension, in writing to the Incident Review Officer.

7.4 In the event of an appeal, the appeal will be sent to the Independent Appeals Officer. The Independent Appeals Officer will determine the following:

(a) The person appealing has not established any of the grounds for appeal as set out in 7.1; or

(b) The person appealing has established one or more grounds for appeal as set out in 7.1

7.5 If the Independent Appeals Officer has determined that the person appealing has established one or more grounds for appeal, they will either:

(a) Completely re-grade the incident review

(b) Re-grade a specific area of the incident review

7.6 Where it is determined by the Independent Appeals Officer that the penalty is not in accordance with the Suspension Guidelines, they may reduce the penalty.

7.7 There shall be no further appeal from a decision of the Independent Appeals Officer.

Tribunal

8.1 In exceptional circumstances, a Tribunal may be needed to determine the outcome of an incident.

8.2 The use of a Tribunal is at the discretion of La Trobe Sport.

8.3 The Tribunal may only be used in the following circumstances:

(a) If directed by the Incident Review Officer for extraordinary cases. The types of incidents that may be sent straight to the Tribunal:

Racism
Discrimination
Incidents that have an operational impact on La Trobe Sport

(b) If directed by the Independent Appeals Officer, who is unable to come to a determination.

8.4 The tribunal is made up of the following parties:

Incident Review officer

Two members from the Representative Sport team at La Trobe Sport

One La Trobe Sport Staff member, not in the Representative Sport team

8.5 If a decision is made for an incident to be viewed by the tribunal, all parties will have an opportunity to provide further evidence, prior to the tribunal hearing.

8.6 Attendance by charged persons may be required in a tribunal hearing, however, this is not mandatory. La Trobe Sport will notify relevant parties on their eligibility to attend the tribunal.

8.7 At the discretion of La Trobe Sport, and if eligible, charged persons may have a legal guardian as a representative if aged 16 or 17.

8.8 At the discretion of La Trobe Sport, and if eligible, the team captain, as well as any charged persons may only represent themselves in a hearing. All other team members will have the opportunity to provide a statement.

8.9 The opportunity may be afforded to the ‘victim’, or others involved in the report to attend the tribunal, however, this is not mandatory and up to the tribunal.

8.10 Only registered players are able to attend a tribunal hearing.

8.11 Legal representatives or advocates are not permitted to appear before the tribunal.

8.12 The tribunal may order any person attending the tribunal to leave, if it is of the opinion they are disrupting. The tribunal will continue to meet on the matter and form a decision without the person being present.

8.13 No person unless directed by La Trobe Sport, may record the tribunal, including photos, video, and audio.

8.14 There are no rights of appeal from a tribunal. All decisions that are made, are final.

Communication

9.1 Communication to La Trobe Sport may only come from registered players, or witnesses as set out by La Trobe Sport. To have a transparent process, the following persons will be in charge of communication with La Trobe Sport, dependant on the nature of the incident:

(a) Team captains will be responsible for all initial communications when an incident is reported.

(b) If, as directed by the Incident Review officer, the incident requires a formal review, team captains for any team that is involved will be notified.

(c) Alleged players involved in the incident will also be notified a formal review is being conducted. They will also have the opportunity to provide a witness statement.

(d) In the review process, both team captain, and alleged players may communicate with La Trobe Sport. Any players not alleged in the incident will still be invited to make a witness statement, on the consideration they were present on the night.

(e) Once a decision has been made, the team captain from the alleged team, along with alleged players, will receive written communication.

(f) The team captain, and any members from the ‘victim’s’ team may also be notified of the outcome.

9.2 There is to be no communication from persons not registered to the competition, unless a legal guardian for participants aged 16 or 17, or required to through the form of a witness statement.

9.3 For the purposes of record keeping, witness statements, and written evidence must come in the witness statement form. Evidence established through emails, verbal communication to staff, and verbal communication to referees will not be entered as evidence. For the purpose of clarification, this does not include verbal communication to referees during an incident.

Individual vs Team Incidents

10.1 La Trobe Sport reserves the right to determine if an incident falls under an individual incident, or a team incident.

10.2 An individual incident consists of when one, or multiple players in the team commit an offense. It is of the view that for an individual incident to occur, the incident occurs through the decision making of one player, or multiple players, without the influence of other team members. For an individual incident to be determined, less than half of the team needs to be involved.

10.3 A team incident consists of when multiple players in the same team commit an offense. It is of the view that for a team incident to occur, the incident either occurs through the decision making and actions of half, or more than half of the team.

10.4 For clarity, the number of players in a team consists of those on the court, and those that are on the bench. Players must be signed into the match, registered, and are taking an active part in the game.

Example of team vs individual incident used in practice:

Team A has seven players on the court. A fight occurs, with four of Team A’s members involved. It is determined that a majority of the team are involved, so any charges determined will have an impact on all team members.

10.5 If an incident is determined as an individual incident, La Trobe Sport still reserves the right to take action on other team members, including the removal of the team if it is to the benefit of the competition.

10.6 If a team incident is determined, La Trobe Sport reserves the right to act on all team members, which includes suspensions and removal from competitions.

Suspension Guidelines

11.1 All reviews conducted are aided by the La Trobe League Suspension Guidelines. Please see Suspension Guidelines for more information.