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Disciplinary Regulations

This document is provided courtesy of the
American Contract Bridge League
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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)

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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 by ACBL.

(d) The sponsoring organization having jurisdiction when

the infraction occurred.

6. Suspension Pending Hearing

6.1 When charge(s) have been made, a person so charged may play in

an ACBL sanctioned event pending hearing unless otherwise

directed by the chairperson of the committee which will be

hearing the charge(s) or by the Director-in-Charge of a

Sectional or higher-rated tournament when a charge is to be

heard by a tournament disciplinary committee. Such suspension

pending hearings should be rarely issued and only in extreme

cases or when a hearing is delayed due to the fault of the

person charged.

6.2 When suspension pending hearing is directed by:

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 Director-in-Charge of a Sectional or higher-rated

tournament, the hearing must commence within 24 hours or

immediately after the final session of the tournament

whichever is earlier unless the person charged causes a

delay. If the matter is not heard at the tournament, the

suspension is lifted and the matter is referred to the

appropriate Unit or District to be heard.

6.2.4 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 the person charged causes delay.

CDR.041 (PAGE 16)

_________________

7. Appeal Procedures

7.1 Appeals to the District:

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:

(a) A decision of TDC at a tournament held in that District.

(b) A decision of a Unit's Disciplinary Committee. Such Unit

must be located within the geographical area of the

District.

(d) A decision of an NABC tournament disciplinary committee

from an NABC held in that District's geographical

boundaries.

7.2 Appeals to Appeals and Charges Committee:

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:

(a) A decision of the Ethical Oversight Committee.

(b) A decision of the District Appellate Committee.

7.3.

7.2.2 The original hearing committee may file an appeal of the

decision of the District Appellate Committee.

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 Appeals to the ACBL Disciplinary Committee:

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 Charges 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.

(d) One (1) or more person(s)on the hearing panel having a

bias which effected 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.

CDR.041 (PAGE 17)

_________________

7.3.4 The decision of the District shall be in writing

7.4 Appeals will generally be considered on the record made in prior

hearings unless in the opinion of the reviewing body the record

is insufficient. A person's past disciplinary record, should

one exist, may not be considered in review of the merits of

decision being appealed, but may be considered as to the

severity of the sentence under review.

7.5 The disciplinary body is a party to any appeal taken from its

action. The appellate body may permit persons other than the

parties to the appeal to participate in the appeal. During the

deliberations of the appellate body no additional persons other

than League Counsel may be present.

7.6 An appellate body may: (i) affirm or reverse the decision; (ii)

modify, reduce or increase the discipline being appealed; and

(iii) remand the matter to any committee which previously heard

the matter.

7.7 A person bringing an appeal under this CDR 7 shall be entitled

to:

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 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.

7.8 In matters coming before the Appeals and Charges Committee,

League Counsel shall be present at all times 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.

8. Stays of Execution of Discipline Pending an Appeal

8.1 The mere filing of a notice of appeal does not stay execution of

a discipline.

8.2 A stay pending an appeal may be granted only on written request

which will include the reasons for the request. Once granted,

neither the appeal nor the request for the stay may be

withdrawn. The foregoing does not affect the power of the

grantor to modify or vacate the stay.

8.3 A stay may be granted only if the appellant makes a showing that

a reasonable likelihood exists that the verdict will be reversed

or that the discipline will be reduced.

8.4 A stay of execution pending the disposition of an appeal may be

granted by:

8.4.1 The Chairman of the District Appellate Committee.

8.4.2 The Chairman of the Appeals and Charges Committee.

8.4.3 The Chairman of the ACBL Disciplinary Committee.

CDR.041 (PAGE 18)

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9. Disciplines Involving Units or Districts

9.1 When it is alleged that a Unit has violated ACBL, District, or

its own bylaws or regulations, has acted in an illegal or

improper manner, or has improperly failed to act upon a

complaint, a member, or group of members, or Unit or District

may bring the matter directly to the District Disciplinary

Committee to request a hearing. The District Disciplinary

Committee may decide not to conduct a hearing if it finds that:

the case does not warrant any action; or the matter was dealt

with in a reasonable manner at the Unit level; or the matter

lacks significance to warrant a hearing.

9.2 When it is alleged that a District has violated ACBL or its own

bylaws or regulations, or has acted in an illegal or improper

manner, or has improperly failed to act upon a complaint, a

Unit, a member, or group of members may bring the matter

directly to the ACBL Board of Directors' Appeals and Charges

Committee to request a hearing. The Appeals and Charges

Committee may decide not to conduct a hearing if it finds that:

the case does not warrant any action; or the matter was dealt

with in a reasonable manner at the District level; or the matter

lacks significance to warrant a hearing.

9.3 When it is alleged that the Board of Directors, ACBL Management

or staff has violated ACBL bylaws or regulations, or has acted in

an illegal or improper manner or has improperly failed to act

upon a complaint, a Unit, a District, a member or group of

members may bring the matter directly to a Special ACBL Committee

("Special Committee") consisting of the ACBL President, the ACBL

Chief Executive Officer and League Counsel to request a hearing.

The Special Committee may decide not to conduct a hearing if it

finds that: the case does not warrant any action; the matter was

previously dealt with in a reasonable matter; or the matter lacks

significance to warrant a hearing.

CDR.041 (PAGE 19)

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APPENDIX A

GUIDELINES FOR DISCIPLINARY PROCEEDINGS

(Handbook for Disciplinary Committees)

Since disciplinary hearings differ both in purpose and process from

appeals committee hearings, this handbook, while useable as a

stand-alone document, serves best when used as a supplement to the

applicable parts and sections of the ACBL Handbook for Appeals

Committees.

Tournament disciplinary committees hear complaints of conduct and

ethics (C&E) arising at that tournament. Unit and district

disciplinary committees usually hear initial complaints of conduct and

ethics while district appellate committees hear appeals from C&E

decisions of lower jurisdictional bodies. Jurisdiction is outlined in

the ACBL Code of Disciplinary Regulations (CDR).

The purpose of these guidelines is to help the appropriate body

provide fair hearings for all ACBL members charged with wrongdoing

under the CDR. Disciplinary proceedings are not criminal trials and do

not involve personal liberty or property rights. Rather, they involve

the privilege of playing bridge at an ACBL-sanctioned event. These

guidelines are suggested procedures, except for those in which it is

specifically stated that they are mandatory, as required by the CDR.

I. COMMITTEE COMPOSITION

A. SELECTION

Serving on a disciplinary committee is a most difficult (and

important) responsibility. For most cases, committee members need not

be expert players. However, it is important that each member of the

committee have a reputation for integrity, honesty and unimpeachable

ethics to avoid any claim of a prejudiced decision. Generally, the

chairperson should have considerable experience in disciplinary

matters and be sensitive to the due process considerations affecting

the disciplinary process. An odd number (usually 5) is best to avoid

the possibility of deadlock on any single issue.

B. BIAS

Every committee member must be completely unbiased as to the

personalities and issues involved. Common sense should prevent most

incorrect appointments. No committee member should be a regular

partner, close friend, spouse, significant other or known enemy of any

party, or have a business or financial association. Any committee

member who has dealings with a party that might give even the

appearance of impropriety should excuse him or herself from further

service. Committee members should conduct themselves appropriately,

and avoid social contact with any party either before or immediately

after the hearing.

II. PERIOD OF LIMITATIONS

A complaint concerning a single incident must be filed within 60 days

of that incident. A complaint concerning a pattern of actions must be

filed within five years of the earliest action referenced in the

complaint. A complaint involving the conveying of information by

unauthorized means, pursuant to Law 73.B.2 is not subject to any

period of limitations.

CDR.041 (PAGE 20)

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III. THE DISCIPLINARY COMMITTEE

A. The Committee

Each unit and district should have a committee whose purpose is to

hear disciplinary matters. Where such a standing committee does not

exist, it must be formed on a case by case basis. All members of the

committee should be well-respected members of the bridge-playing

community. The committee as a whole should represent diverse.

If a Disciplinary Committee member feels unable to act impartially at

a hearing, he or she should ask to be excused. If there is an

appearance of possible partiality (See I.B), the committee should

either excuse the member from the hearing or discuss the matter with

the parties involved, to determine if they object to the presence of

that person on the committee. The committee as a whole is the sole

determiner of the eligibility of committee members.

B. Charger

The person delegated to bring charges must not be the Disciplinary

Committee Chair or other member of the disciplinary committee.

C. Presenter

An individual who makes or assists with an impartial presentation of

evidence to a disciplinary committee. A presenter may be the

recorder, tournament director or other party. The presenter may act as

an aide to the disciplinary committee to insure a fair and complete

presentation of the evidence for the committee to consider.

There are occasions when the person delegated to bring charges (or the

committee chair) will determine that, in the interests of a full and

fair hearing, it will be appropriate to have an impartial party help

organize and present evidence. In these instances, the committee

chair should request that a presenter be selected if the person

responsible for charging has not previously selected a presenter.

Except for simple, straightforward cases, it is suggested that

consideration be given to selection of a presenter.

D. Advocate

A person selected by the Unit, District or ACBL Management to

represent the organization by prosecuting the complaint. An advocate

is the representative of the complainant. As such, the advocate is not

neutral or unbiased. The advocate is free to aggressively prosecute a

complaint.

IV. PRE-HEARING PROCEDURES (DISCIPLINARY AND APPELLATE)

Subsequent to the scheduling of a disciplinary hearing or an appeal,

it is mandatory that the parties involved receive timely written

notice of the date, time and place of the hearing, are furnished with

written charges, and are advised of their right to be represented by

counsel (who need not be an attorney), to produce evidence on their

behalf and to be present during the entire hearing. Suggested forms

are available at the ACBL web page at www.acbl.org under Governance.

The chairperson of the committee must verify that appropriate notices

have been sent.

CDR.041 (PAGE 21)

_________________

Since discussions and considerations at hearings of appeals of

disciplinary sanctions are based primarily on the facts determined by

the committee imposing the sanction(s), it is extremely important that

detailed records be kept of all proceedings and testimony given at

disciplinary hearings.

While tape recording is not mandatory, it is most desirable. The

chairperson should attempt to provide for the best record keeping

permitted by circumstances. At the very least, one or more members of

the committee should be charged with the task of keeping good written

records. The Chairperson should ensure that any such records are sent

to ACBL Headquarters, along with the written report of the hearing,

for safekeeping in the event of future need.

The Disciplinary Committee may hold a pre-hearing conference to narrow

or frame procedural questions that relate to the matter before it. At

this conference the committee also may direct the disclosure of

evidence, and permit the presentation of affidavits for use at the

hearing. In cases in which numerous witnesses and affidavits are

involved, disciplinary committees are encouraged to require exchange

of witness lists and disclosure of affidavits prior to the hearing.

This disclosure or exchange does not require the party to present the

witnesses or affidavits at the hearing. In addition, when more than

one party is charged in the same situation, or when one party is

charged in several situations, the proceedings may be consolidated.

V. HEARING PROCEDURES

The complainants and the people charged and/or their counsels are

entitled to be present while all evidence is given. Other individuals

may remain at the hearing only at the discretion of the chairperson.

After calling the hearing to order, the chairperson should clarify to

all parties that the chair is in charge and that no one is to speak

unless recognized by the chair. After introducing all individuals

present to each other, the chairperson then explains how the hearing

will proceed.

The chairperson should begin the hearing by reading the complaint. At

tournament, a tournament director who might also be a witness in the

case, presents most cases to the committee. At a Unit or District

hearing, the case will usually have been referred to the committee

after review by the President or a designee, who may be the recorder.

In the absence of a person to officially present the case (such as the

recorder), the chair will provide an opportunity for each side to

present its case. The committee should hear the evidence, first in

support of the complaint and then on behalf of those charged, followed

by rebuttal by either side, as necessary. (See discussions on

evidence in the Appeals Committee Handbook.)

Next, witnesses may be questioned by the party (or counsel) who calls

them, by the other party (or counsel), the presenter, and by the

committee members. At his or her discretion, the chair may sequester

one or more witnesses; that is, allow them to attend the hearing only

while giving testimony and caution them against discussing the case

until the hearing is completed.

CDR.041 (PAGE 22)

_________________

After hearing all testimony the committee considers the case in a

closed session; these deliberations are privileged. The standard for

determining guilt is that the evidence must be clear and convincing

(See VII). A simple majority decision prevails, unless the unit or

district bylaws specify otherwise.

If the committee arrives at a decision of guilt, the next step is the

determination of what discipline to impose. The CDR should be

consulted, along with the list of ACBL Sanction Guidelines (See CDR

Appendix C). The committee should examine the previous record of the

guilty party before determining discipline. This information may be

obtained by having the guilty person fill out the provided form

listing previous disciplines and/or consulting with ACBL Headquarters

prior to or after the determination of guilt.

Before a disciplinary committee at a tournament can refer a matter to

a higher disciplinary body for further discipline (when it feels such

additional discipline is warranted), the referring committee must

impose a maximum discipline permitted by a tournament disciplinary

committee (90 days suspension or 90 days probation or both).

VI. POST-HEARING PROCEDURES

When the disciplinary body imposes sanctions, it is mandatory that

such disciplinary body furnish the person(s) against whom the

sanctions were imposed with written notice of the sanction, stating

its effective date. The disciplined party or parties and the

complainant if any are to be notified of the right to appeal the

ruling to the District Appellate Committee (providing the name and

address of the Chairman) if the disciplinary body is a unit, district

or tournament disciplinary committee. (Note: Other disciplinary

bodies should check the CDR to properly advise the disciplined party

or parties.)

It is also mandatory that the disciplinary body send a full report of

the hearing (See Hearing Report Form at www.acbl.org) along with a

copy of the letter sent to the disciplined party or parties to ACBL

Headquarters at the same time.

VII. EVIDENCE

To find a person guilty requires a simple majority of the committee.

Each committee member, in deciding which way to vote, uses as a

standard that the evidence be clear and convincing. It is not

necessary that the evidence be beyond a reasonable doubt. If a

reasonable person has a firm conviction that the evidence favoring

guilt is more likely to be true than the evidence favoring innocence,

then that committee member should find the charged person guilty as

this meets the standard of clear and convincing.

CDR.041 (PAGE 23)

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VIII. MEMBER IN GOOD STANDING

In assessing any of the following sanctions, the committee should

consider the definition of member in good standing which is: "an ACBL

member shall be deemed to be in good standing when such member is not

currently on suspension, indefinite probation or serving probation

that resulted from a suspension, the initial term of which was in

excess of ninety days".

CDR.041 (PAGE 24)

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APPENDIX B - HANDBOOK FOR APPEALS COMMITTEES

INTRODUCTION

APPEALS COMMITTEE COMPOSITION

- Two Types of Committees

- Appointment

- Skill as a Selection Criteria

- Geography as a Selection Criteria

- Committee Member Bias

- Tournament Directors Role

- Standing Committees and Lists

- Size

PROCEDURES

- Introductions

- Disabilities and Interpreters

- Control

- Documentation

- Evidence

- Challenges

- Standing

- Explaining the Burden of Proof

- Presentations

- Rebuttal and Closing Arguments

- Deliberations

- Announcing and Reporting the Decision

- Principles of Evidence

- Evidence That May Be Considered by a Committee

- Burden of Proof

- Types of Evidence

- Credibility and Weight

- Organization

INDEX

I. INTRODUCTION

This handbook is created to educate our members about Appeals

Committees. The process begins with the Tournament Director, who

enforces the Laws of Duplicate Contract Bridge. The Tournament

Director can adjust scores (Law 12) and give procedural penalties (Law

90). Each player then has a right to appeal a ruling made at his or

her table (Law 92). An Appeals Committee will usually hear that appeal

(Law 93).

The Laws of Duplicate Contract Bridge allow contestants to appeal any

ruling made at their table by the Director (Law 92). Even if an

Appeals Committee is available, the Chief Director still hears an

appeal if it is based solely on Law or Regulation. Other appeals go

directly to committee. In cases dealing solely with Law or Regulation,

the contestant may appeal the Chief Director's ruling. However, no

committee is permitted by law to overrule the Tournament Director on a

point of Law or Regulation. It can only recommend that the Tournament

Director reconsider his or her decision (Law 93).

CDR.041 (PAGE 25)

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The Appeals Committee deals mostly with bridge judgment and fact. If

the Committee believes discipline is warranted, it should decide the

bridge appeal and refer the remainder to the Tournament Director for

charging to the appropriate disciplinary committee. This committee is

not a court of law, but in some ways is similar. It uses principles of

equity so no player may gain an advantage by unethical conduct or

violation of bridge law. Committee members should hear the whole story

and make a fair and reasonable adjudication. They should not accept a

procedural argument that prevents either side from fully expressing

its views. The purpose of this Handbook is to help those who serve on

an Appeals Committee and those who appoint committee members. When a

Committee follows these guidelines, it will hold a fair hearing and

should reach a fair and reasonable decision. Every participant is

entitled to a fair and impartial hearing, no matter the final

decision.

Note: The Committee Chairperson must be particularly careful in

implementing part III. Procedures, A. Introductions below with respect

to advising committee members and parties to the appeal to air

concerns of possible bias.

II. APPEALS COMMITTEE COMPOSITION

A. Two Types of Committees

The Appeals Committee deals with questions of bridge judgment and

facts arising from bidding, play or defense. For example, its members

might have to decide whether a particular action could be based on

unauthorized information. Members may need to analyze a player's

bidding system and skill level plus whatever else the committee may

feel is relevant.

The other type of committee is the Disciplinary Committee. A

sponsoring organization appoints this committee as its disciplinary

body. It focuses on player conduct. Members decide whether to

discipline a player for conduct ranging from simple rudeness to

deliberate cheating. Bridge judgment is usually a side issue during

its hearings and deliberations.

The differences between these committees are important. An Appeals

Committee lets the actual result stand or adjusts it as permitted by

the Laws of Duplicate Contract Bridge. Sometimes it assesses a

procedural penalty against some or all of the parties (in IMPs,

matchpoints, or some other non-score sanction). A Disciplinary

Committee decides if it should discipline a player for his or her

conduct. Its options include anything from imposing a reprimand to

expulsion from ACBL. Regulations permit a scoring adjustment in the

interest of equity, but this is a secondary consideration. A

Tournament Disciplinary Committee has limited powers, as detailed in

the Code of Disciplinary Regulations (CDR).

B. Appointment

The Unit or District Board of Directors appoints an Appeals Committee

for its sectional or regional tournament. It may delegate this

authority to the tournament chairperson or another specified

individual.

CDR.041 (PAGE 26)

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C. Skill as a Selection Criteria

An Appeals Committee must often make bridge judgments about other

players of different skill levels. Consequently, every Unit or

District should make an effort to appoint knowledgeable players to

serve on their Appeals Committees.

Selecting committee chairpersons is an important duty. A good

chairperson can help ensure that the committee considers all of the

evidence and conducts an impartial hearing. Players who serve on

Committees at North American Bridge Championships are good choices for

this role.

D. Geography as a Selection Criteria

Committee members should come from different geographical areas when

possible. This will give the committee a broader base of experience,

making a fair and impartial hearing more likely. No party should leave

an Appeals Committee hearing feeling disadvantaged merely because they

live in a different locale. All parties should believe they had a fair

hearing with a full opportunity to express their views.

E. Committee Member Bias

Every committee member must be unbiased. Common sense should prevent

most incorrect appointments. Of course, no committee member should be

a regular partner, close friend, spouse, significant other or known

enemy of any party, or have a business or financial association. Any

committee member who has dealings with a party should reveal that fact

immediately and excuse himself or herself from service. Committee

members should conduct themselves appropriately, and avoid social

contact with any party either before or immediately after the hearing.

F. Tournament Director's Role

The Tournament Director performs different functions at an Appeals

Committee hearing. As the first witness, he or she presents a complete

statement of the facts, issues, applicable laws and available

sanctions.

A Tournament Director is no party's adversary. As a professional

arbiter, the Tournament Director is expected to make each ruling after

a careful effort to discover every relevant fact and understand the

bridge judgments involved.

The Appeals Committee should support the Tournament Director as a

neutral person. During the hearing, this means treating the Tournament

Director with respect. It also means announcing its decision without

reference to the Tournament Director. Avoid phrases such as "We uphold

the director's ruling" or "We overrule the director" because these

imply that a Tournament Director is not neutral.

In the interest of efficiency the Tournament Director normally

testifies first. He or she should give a summary of the facts and

issues, recite the pertinent law and regulations, and describe the

available sanctions. An Appeals Committee may not overrule a

Tournament Director on a point of law. In such a case, the Tournament

Director may be asked to reconsider his or her ruling.

CDR.041 (PAGE 27)

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The Tournament Director should inform the committee when bridge

judgment is not relevant by showing a copy of the applicable law or

regulation.

G. Standing Committees and Lists

Each tournament should have a list of qualified persons who agree to

serve on Appeals Committees. The person responsible for appointing the

committee should consult with his or her Board of Directors. The

opinions of some of the respected players in the area may also be

helpful.

The Tournament Committee can avoid having a less-than-qualified

Appeals Committee by enlisting available, qualified players in

advance.

H. Size

A committee should have an odd number of members, usually three or

five. This should prevent a committee from becoming deadlocked.

III. PROCEDURES

Bridge players are as argumentative as other high level competitors.

We need procedures that ensure an orderly and efficient hearing.

Committees should follow the procedures described beginning here.

A. Introductions

1. Introductions are the first order of business. The committee

chairperson should:

a. Give his or her full name and home city;

b. State that the chair will function as the presiding officer;

c. Request that all questions and comments be directed to the

chair;

d. Have the other committee members introduce themselves;

e. Have the parties, including their advocates, introduce

themselves.

2. The committee chairperson addresses the committee members as

follows:

"If there is any reason why you feel you should not serve on

this committee, please recuse yourselves now."

"If you believe you can serve and make an unbiased decision, but

you know of conditions or circumstances that may be perceived as

creating potential bias or perceived as such, please disclose

those issues now."

3. The committee chairperson addresses the parties to the appeal and

the committee as follows:

"If any member of this committee or party to the appeal has

cause to believe that a committee member should not serve, you

must raise the issue or issues now."

(If there is any objection, see section III.F. below.)

4. The committee chairperson introduces The Tournament Director and

gives his or her name and role (e.g., table or floor director,

chief director, appeals director);

CDR.041 (PAGE 28)

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5. The committee chairperson introduces any witness, stating if that

witness is associated with any party to the appeal.

B. Disabilities and Interpreters

The committee should consider whether any person is at a disadvantage

because he or she does not understand English. The chair should make a

good faith effort to ensure that this person fully understands what

others say and that everyone understands what this person says. If

there was no opportunity to arrange for an interpreter, then in

appropriate cases the committee should postpone the hearing to provide

that opportunity.

The committee should also undertake a good faith effort to ensure that

any disability will not be a disadvantage. In appropriate cases the

committee should postpone the hearing.

C. Control

The chairperson should inform those present of the following:

They will have enough time to present their side;

The committee will call upon each party at the appropriate time;

There should be no interactions between the parties involved;

All testimony is directed to the chairperson;

For team events, the committee should not hear anything about what

happened at the other table (NOTE: If the committee decides to award

an artificial adjusted score pursuant to Law 12C1, they should then

be told of the score at the other table.);

No interruptions will be tolerated;

When a witness is finished, opposing parties and committee members

will have an opportunity to ask questions (always directed to the

chair);

Each party will have an opportunity to present rebuttal testimony,

and make whatever final argument they feel is appropriate;

When everyone is finished testifying, the committee will deliberate

privately;

The parties will be called back to the committee room to hear the

committee's decision. Once the committee announces its decision

there is no further argument or discussion.

D. Documentation

The chairperson may ask a member to prepare the required report or

keep notes so that the chair can prepare the report.

No other record of the hearing is kept, except as directed by the

committee.

E. Evidence

The committee determines all rulings on the suitability of a question

and admissibility of evidence. The chairperson speaks for the

committee. If any member disagrees, the committee deliberates the

issue privately and decides the point by majority vote.

CDR.041 (PAGE 29)

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F. Challenges

Each committee's first duty is to ensure not only actual fairness but

also the appearance of fairness. Mere knowledge of a party's past

appearances before appeal or disciplinary committees is not a basis

for disqualification. Parties should have the chance to challenge a

committee member for cause. If a party challenges a member who will

not withdraw, the remaining committee members may consider evidence

pertaining to the challenge and vote on the issue. Before the

substantive phase of the hearing begins, the sponsoring organization

should fill any resulting vacancy to maintain an odd number of

committee members.

Standing

After the committee resolves any and all challenges, it decides if the

appealing party has standing to make the appeal. An individual may

appeal a ruling only if the Tournament Director made it at his or her

table. Both members of a partnership, and in a team game the captain,

must concur in the appeal. If the appealing party does not have

standing, the committee must dismiss the appeal. The hearing does not

end, as the committee may impose a procedural penalty upon the

appellant although the Committee should assume that the appealing

party's standing was determined by the Tournament Director, they may

make an independent decision on that issue.

H. Explaining the Burden of Proof

The chairperson should explain to those present that the standard of

proof to accept one version of the facts over another version is a

preponderance of the evidence. This means that the committee accepts

the version more likely to be true.

For example:

If the appeal involves a mistaken bid versus mistaken explanation

situation, the chairperson should say that this pair has a burden to

present clear and convincing evidence. To accept as true that there

was a mistaken bid, a majority of the committee members must possess a

firm belief or conviction that there was a mistaken bid rather than a

mistaken explanation. This is not so rigorous a standard as proof

beyond a reasonable doubt, as used in criminal cases. For a fuller

explanation, see Section IV B.

I. Presentations

The Tournament Director is first, summarizing the relevant facts and

issues along with the pertinent law. Next, he or she presents a list

of available rulings and sanctions and informs the Appeals Committee

of the full range of its authority. After responding to any questions

from committee members and parties, the Tournament Director may

withdraw. The chairperson may and should recall the Tournament

Director especially when more information regarding law or regulation

is needed.

CDR.041 (PAGE 30)

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Each appellant (the contestant lodging the appeal) or their advocate

(not both) gives his or her version of the facts plus their reasons

why the Appeals Committee should decide matters in their favor. After

each appellant is finished, the appellee (the opponent of the

appellant) and any committee members may ask any pertinent questions.

If an advocate represents the appellant, the appellant speaks only as

a witness.

Each appellee, or their advocate (not both), gives his or her version

of the facts plus their reasons why the Appeals Committee should

decide matters in their favor. After each appellee is finished, the

appellant and any committee members may ask any pertinent questions.

If an advocate represents the appellee, the appellee speaks only as a

witness.

J. Rebuttal and Closing Arguments

Each party, starting with the appellant, has a chance to address what

the opposing parties said. Rebuttal is not the time to say something a

party forgot to say at his or her first opportunity. After rebuttal is

finished, each party may make a final argument why the committee

should support his or her position. Following this, the chairperson

should emphasize that once the committee announces a decision there

can be no further testimony or argument.

K. Deliberations

After final arguments are finished, the committee deliberates

privately. All other persons must remain out of earshot. It keeps no

record of its deliberations. If the committee discovers facts not

known by the Tournament Director or believes he or she applied the

wrong law, it should recall the Tournament Director. After discussion

with him or her, the Appeals Committee decides the matter by majority

vote.

The Laws of Duplicate Contract Bridge (specifically Law 84E) state

that if an irregularity has occurred for which no penalty is provided

by law, the Tournament Director awards an adjusted score if there is

even a reasonable possibility that the non-offending side was damaged.

An Appeals Committee is subject to the same Laws. In gray areas both a

Tournament Director and an Appeals Committee should rule for the

non-offending side. Members are completely free to find facts and make

bridge judgements that are completely at odds with the facts and

bridge judgements found by the Tournament Director.

An Appeals Committee is bound by the Tournament Director's statement

of applicable law and regulation. If a committee finds the same facts

as the Tournament Director and makes the same bridge judgments, then

it must make the same ruling. A committee cannot overrule a Tournament

Director on a point of law or regulation. A Committee may decide that

a different Law applies and inform the Tournament Director of the

facts that led to this conclusion. The Committee may not apply a

different law if the Tournament Director disagrees.

CDR.041 (PAGE 31)

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When announcing a decision that is identical to the Tournament

Director's ruling, the Appeals Committee should emphasize that it

found the facts and applied its collective bridge judgment

independently. It should refrain from describing that decision as

"upholding the director's ruling." This will help preserve everyone's

image of the Tournament Director as a neutral person, rather than as

an advocate.

A committee should recognize the Tournament Director is impartial.

That alone may be enough to convince the committee of a particular set

of facts. A party disagreeing with the facts as set forth by the

Tournament Director is most likely speaking out of self-interest. An

appellant or appellee may truly believe what he or she is saying, but

remember each party had time to consider what they were going to say.

This is a matter of credibility, discussed more fully in section IV.

L. Announcing and Reporting the Decision

The committee should recall all parties and the Tournament Director to

hear its decision. The chairperson should try to ensure that both

sides are aware of why the decision was reached. All of the parties

are subject to a disciplinary penalty if objections to the committee's

decision are considered disrespectful of either the process or the

committee. The Committee delivers its report on the official ACBL form

to the Tournament Director.

IV. PRINCIPLES OF EVIDENCE

A. Evidence That May Be Considered by a Committee

ACBL is a membership organization whose governing body sets its own

rules. Committees are not courts of law, so the rules of evidence

applicable to courts of law and other legal tribunals do not apply to

committees.

Usually, a committee should permit hearsay evidence but not hearsay on

hearsay. We may roughly define hearsay evidence as a statement made by

another person offered for the truth of the statement. An example is

testimony by one person that another person said he or she heard South

bid 3 spades. This is hearsay evidence if offered for the proposition

that South bid 3 spades. A person who testifies that he or she heard a

rumor that another person said he or she heard South bid 3 spades

gives hearsay on hearsay, if offered for the same proposition.

While a committee should permit hearsay evidence, the weight given the

hearsay evidence should be less than the weight given direct

testimony. The reason is that it is not as reliable as direct

testimony and there is no effective way to question it. This often

means we have no way to be certain it is really true.

Hearsay on hearsay testimony is so unreliable that the possibility of

prejudice far outweighs its probative value. We are all familiar with

the elementary school game of story telling. The teacher whispers a

short story to the first child. The child repeats the story to the

next child, and so on until the last child tells the story to the

class. The end story is usually substantially different.

CDR.041 (PAGE 32)

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The committee should consider any evidence that bears on an issue

before it. If particular testimony makes any contested fact or factual

inference more or less likely, then that particular testimony is

relevant and the committee should hear it. A committee should not

allow testimony that fails this test because hearing it is a waste of

time.

What is relevant is primarily a matter of common sense and experience.

ACBL expects committees to use their collective discretion rather than

a rigid set of rules. The committee should be prepared to deal with

self-serving testimony. The testimony usually is relevant and should

be admitted, but in such cases the committee should not give it any

significant weight. The reason is the potential bias by players having

a direct interest in the committee deciding matters in a particular

way.

B. Burden of Proof

As to a particular issue, the party with the Burden of Proof has the

responsibility to prove that issue. A party satisfies the burden if he

or she introduces evidence that, if accepted, could be a basis for

deciding the matter in their favor. As an aside, the party still

satisfies the burden of proof if the committee does not believe the

evidence. In such a case the committee is simply resolving evidentiary

or credibility issues against that party.

Cases before a committee should be heard as if for the first time,

regardless of any previous determination by the Director. A committee

must review the evidence independently, and make its own determination

of fact or bridge judgment. Consequently, a Tournament Director has no

burden of proof in an Appeals Committee hearing. Remember, however,

that, if the committee finds the same facts and bridge judgment as the

Tournament Director, it must make the same ruling. NOTE: Committee

should discuss the point of how much, if any, weight be given to the

director's decision.

C. Types of Evidence

When used to prove a proposition, direct evidence means that we

require no inference to prove the proposition. Circumstantial evidence

requires an inference to prove the same proposition. The dealer opens

1 diamond and second chair overcalls 2NT. Fourth chair explains the

bid shows the "two lower unbid". This is direct evidence that the bid

shows the two lower unbid suits. However, if fourth chair later bids

clubs holding five hearts and only three clubs, that is circumstantial

evidence that the bid does not show the two lower unbid suits.

Neither type of evidence is necessarily more convincing. A committee

member can discount direct evidence about an automobile going through

the intersection while the light is green if the witness proves to

have an uncertain memory. Committee members should evaluate all direct

and circumstantial evidence to decide which evidence is more credible

and entitled to more weight under the circumstances of that particular

hearing.

CDR.041 (PAGE 33)

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Demonstrative evidence is an object or tangible item. Its probative

value depends on its connection to the other evidence produced in the

hearing. For example, a convention card and partnership notes are

demonstrative evidence. Their importance and effect in a mistaken bid

versus mistaken explanation case could depend on their completeness

and when the players filled in the relevant sections.

D. Credibility and Weight

Credibility is the extent to which a witness is believable. A witness

who testifies that the light was green when the automobile entered the

intersection, but who later admits being miles away should be found

not credible.

Witnesses usually testify to the truth, as they perceive it. If two

people testify to the opposite, such as whether a traffic light was

green or red, one must be wrong. However, both could firmly believe

they are correct and the other wrong. This sometimes happens when a

witness so strongly wants a particular fact to be true that he or she

becomes convinced of it. Committee members need not think a witness is

lying to disbelieve him or her.

Weight is the degree to which credible evidence controls the ultimate

decision of the committee. Weight is the importance assigned to the

particular evidence. If a witness testifies that the playing area was

very noisy, the testimony could be very credible. However, in a

mistaken explanation versus mistaken bid case the testimony would not

have much weight.

Sometimes evidence will be irrelevant due to legal constraints. In a

hesitation case, the subjective opinions and judgments of the partner

of the player who hesitated are irrelevant. The only relevant issues

in a hesitation case are whether the hesitation demonstrably suggested

the action taken and whether there was a logical alternative to the

action take.

A Tournament Director often bases his or her ruling on Management

guidelines and precedents that suggest a particular ruling. The

committee makes independent credibility decisions, and may depart from

established Management guidelines and precedent only when there is

overwhelming evidence to the contrary. Accordingly, the committee

should not consider itself bound by the facts or bridge judgments

found by the Tournament Director.

CDR.041 (PAGE 34)

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E. Organization

A committee's main task is to decide the facts, apply its collective

judgment to the effect the facts have on the matter before it, apply

the law as stated by the Tournament Director, to the facts, and make

its decision. Its members should work together to reach a consensus.

No member should stubbornly hold to a position without seriously

considering the contrary positions held by other members, or change

his or her position solely to avoid dissension.

A committee should not compromise on the facts. Only one set of facts

can exist. Determining the effect of the facts is necessarily a

subjective judgment. Compromise on the effect of those facts,

therefore, is often appropriate and always possible.

Committee members should avoid endless and futile deliberations. A

vote resolves an issue, but a committee may revisit that issue if a

member raises some new point. However, once the committee announces

its decision, the matter is at an end.

CDR.041 (PAGE 35)

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APPENDIX C

ACBL Disciplinary Sanction Guidelines

The following range of discipline for conduct and ethics violations is

provided as a guide to a disciplinary committee not a mandate. This

is not intended to be an exhaustive list of all possible infractions

but rather to set forth examples. The committee is free to impose on

a guilty defendant whatever punishment it deems is appropriate from

options described in the CDR. However, a disciplinary committee, which

imposes a sanction which is outside the range recommended by these

guidelines, must explain why it chose the sanction imposed.

Part A of these guidelines is intended to apply to the typical case

involving a single incident and a defendant who has no previous

disciplinary record. If this is not the case, the committee must read

Part B of these guidelines before deciding on an appropriate

discipline.

CDR.041 (PAGE 36)

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APPENDIX C - ACBL DISCIPLINARY SANCTION GUIDELINES

The following range of discipline for conduct and ethics violations is

provided as a guide to a disciplinary committee not a mandate. This is

not intended to be an exhaustive list of all possible infractions but

rather to set forth examples. The committee is free to impose on a

guilty defendant whatever punishment it deems is appropriate from

options described in the CDR. However, a disciplinary committee, which

imposes a sanction which is outside the range recommended by these

guidelines, must explain why it chose the sanction imposed. Part A of

these guidelines is intended to apply to the typical case involving a

single incident and a defendant who has no previous disciplinary

record. If this is not the case, the committee must read Part B of

these guidelines before deciding on an appropriate discipline.

PART A CONDUCT

C1 OFFENSE: Poor personal hygiene or dress (CDR 3.7)

RECOMMENDED DISCIPLINE: Reprimand to 30 days Probation

C2 OFFENSE: Rudeness in conversation, gesture, or general behavior

(CDR 3.7)

RECOMMENDED DISCIPLINE: Reprimand to 30 days Probation

C3 OFFENSE: Publicly belittle partner or opponent on bid or play

(CDR 3.7)

RECOMMENDED DISCIPLINE: Reprimand to 30 days Probation

C4 OFFENSE: Influence or attempt to influence an entrant to withdraw

from an event to improve one's likelihood of winning more

masterpoints (CDR 3.12)

RECOMMENDED DISCIPLINE: Reprimand to 90 days Probation

C5 OFFENSE: Harass a tournament director or tournament official

(CDR 3.11)

RECOMMENDED DISCIPLINE: Reprimand to 90 days Probation to 30 days

Suspension

C6 OFFENSE: Deliberately fail to follow instructions given by a

tournament director or official including leaving a session

without permission of the tournament director or game director

(CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE: 90 days Probation to 30 days Suspension

C7 OFFENSE: Fail to report a known incorrect score (CDR 3.2)

RECOMMENDED DISCIPLINE: 90 days Probation to 30 days Suspension

C8 OFFENSE: Publicly made obscene comments (CDR 3.7)

RECOMMENDED DISCIPLINE: Reprimand to 120 days Probation

C9 OFFENSE: Intimidate or harass another player or ACBL official

(CDR 3.11)

RECOMMENDED DISCIPLINE: 90 days Probation to 30 days Suspension

CDR.041 (PAGE 37)

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C10 OFFENSE: Publicly accuse another player of unethical behavior

(CDR 3.4)

RECOMMENDED DISCIPLINE: 90 days Probation to 180 days Suspension

C11 OFFENSE: Threat of abusive or violent contact with another person

(CDR 3.7)

RECOMMENDED DISCIPLINE: 90 days Probation to 180 days Suspension

C12 OFFENSE: Abusive or violent contact with another person (CDR 3.7)

RECOMMENDED DISCIPLINE: 90 days Suspension to 1 year Suspension

C13 OFFENSE: Knowingly submit false information or deliberately

distort facts to an ACBL official or committee (CDR 3.13)

RECOMMENDED DISCIPLINE: 90 days Probation to 1 year Suspension

C14 OFFENSE: Failure of Complainant to appear at hearing (CDR 3.14)

RECOMMENDED DISCIPLINE: 30 days Suspension

C15 OFFENSE: Appeal a decision from a disciplinary body with no

reasonable basis (CDR 3.15)

RECOMMENDED DISCIPLINE: Reprimand to 90 days Probation to 90 days

Suspension

C16 OFFENSE: Initiate disciplinary action against another player with

no reasonable basis (CDR 3.15)

RECOMMENDED DISCIPLINE: 30 days Suspension to 90 days Suspension

C17 OFFENSE: Initiate and maintain legal action against the ACBL

(including a District or Unit) without first exhausting

administrative remedies (CDR 3.10)

RECOMMENDED DISCIPLINE: 1 year Suspension

C18 OFFENSE: Misappropriate ACBL, Unit or District Funds (CDR 3.9)

RECOMMENDED DISCIPLINE: Indefinite Suspension pending return of

funds

ETHICS

E1 OFFENSE Deliberately ask for or give information about a board in

play after both parties played it (CDR 3.2)

RECOMMENDED DISCIPLINE: Reprimand

E2 OFFENSE Deliberately ask for or give information about a board in

play prior to one or both parties playing the board (CDR 3.2)

RECOMMENDED DISCIPLINE:30 days Suspension to 1 year Suspension*

E3 OFFENSE Unsportsmanlike and frivolous psyching (CDR 3.2)

RECOMMENDED DISCIPLINE: Reprimand to 30 days Suspension*

E4 OFFENSE Play a convention, system, or treatment knowing it is

illegal; Purposefully fail to disclose partnership agreements with

intent to deceive (CDR 3.2)

RECOMMENDED DISCIPLINE: Reprimand to 30 days Suspension*

CDR.041 (PAGE 38)

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E5 OFFENSE: Bid or play with the specific intent to achieve a poor

result on that hand (CDR 3.2)

RECOMMENDED DISCIPLINE:90 days Probation to 90 days Suspension*

E6 OFFENSE: Intentionally change a score or any information that

could result in awarding incorrect masterpoints (CDR 3.1)

RECOMMENDED DISCIPLINE:180 days Suspension to 1 year Suspension*

E7 OFFENSE: Accidentally gain access to information and then act on

it (CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE:90 days Probation to 180 days Suspension*

E8 OFFENSE: Hesitate with an intent to deceive; use intonations and

mannerisms that may deceive opponents or help partner

(CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE:1 year Probation to 180 days Suspension*

E9 OFFENSE: Deliberately try to see from where an opponent plays his

cards (CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE:90 days Probation to 90 days Suspension*

E10 OFFENSE: Actively and deliberately try to see an opponents' cards

(CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE:90 days Suspension to 1 year Suspension*

E11 OFFENSE: Actively seek advance information about a board in play

RECOMMENDED DISCIPLINE: 2-year Suspension to Expulsion*

E12 OFFENSE: Prearrange a deal or part thereof including one card

(CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE: 2-year Suspension to Expulsion*

E13 OFFENSE: Intentionally gain access to hand records

(CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE: 2-year Suspension to Expulsion*

E14 OFFENSE: Prearranged partnership collusion by means of signaling

to exchange information (CDR 3.1 & 3.2)

RECOMMENDED DISCIPLINE: Expulsion*

*If a committee imposes a suspension, then it should also disqualify

the pair or team from the event. This will mean the pair or team will

lose its place in the event, any masterpoints earned in the event and

any other benefits it may have earned from playing in the event.

Should this disqualification take place after the correction period

for the event has expired, other pairs and teams do not move up - the

place formerly held by the disqualified contestant (pair or team)

remains vacant.

CDR.041 (PAGE 39)

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PART B

There are three major reasons why the suggested guidelines in Part A

might not be appropriate. First, the single violation might be either

so slight or severe as to make the suggested sanction inappropriate.

Second, the defendant might be convicted for several violations (such

as a pattern of behavior). Third, the defendant might have a previous

record.

1. When the defendant's single violation is either extremely slight

or severe, the committee should apply its sound, unemotional

judgment. For example, either the experience or mental intentions

of the defendant might be a consideration. Please explain on the

Hearing Report Form why the violation was considered atypical.

2. When the defendant is convicted of several violations, such as a

pattern of behavior, the committee should impose a sanction as if

each violation was a separate offense. The Committee should note

the separate violations and/or explain the pattern.

3. When the defendant has a prior record, the nature of the previous

offense is not particularly important. The number of prior

convictions is important. The reason is that the defendant was

already sanctioned for the specific prior violation(s). The

committee should pay close attention to how the prior

conviction(s) reflects on the defendant's ability to behave

according to ACBL standards and explain on the Hearing Report Form

the reasons for its decision.

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