INNOCENT ‘TIL PROVEN GUILTY
VIEW FROM THE TOP BY NPL CHIEF
By Mark Harris, chairman –
The Pitching In Northern Premier League ROM time to time, clubs make administrative errors that lead to a variety of sanctions ranging from suspensions to points deductions to fines. Sometimes these cases pass unnoticed, especially when the offending club hold their hands up and admit they got it wrong. But not always.
When errors involve clubs battling it out at either end of the table, fans are more likely to scrutinise each case, which can (and does) lead to accusations of double standards and favouritism. Sometimes it can take far too long for a decision to be reached, which is manna from heaven for the conspiracy theorists.
In this article, written from my hollowed-out volcano where I plot world domination, I outline how the disciplinary process works at Steps 1-4 and address some of the misconceptions that exist.
FPROCESS
At this level, discipline falls under the remit of the FA. When a potential breach is picked up, FA Judicial Services asks the club for observations before deciding whether an offence has occurred. Only when any charge is heard by the FA, and the League advised that the club is in breach, does it become the League’s responsibility to determine the sanction imposed.
All good so far? Bear in mind that there are several sets of rules with which clubs must comply. The Laws of the Game, FA Regulations, NLS system standardised rules and League Rules. Most off-field misdemeanours tend to be breached of the rules governing the NLS system.
Some would say this is a nightmare for volunteer club secretaries. They’d be right, but rules exist to prevent naughty clubs from gaining an unfair advantage over their rivals. If there’s nothing on the telly you can download the FA Handbook at https://www.thefa.com/ football-rules-governance/ lawsandrules
Unfortunately, Leagues have no control over the time it takes for the FA to charge and confirm its decisions. Consequently, the timescales in which individual cases are dealt with can be frustratingly drawnout. Time must be allowed for clubs to submit formal responses to charges, to convene panels and for any appeals before any public statements are made.
NOT ALWAYS GUILTY
In some cases, the FA will determine that the club is not in breach of the applicable rule, in which case the League will not issue any charges.
Earlier this season, an NPL club promoted from Step 5 technically fielded an ineligible player (the lad served his two-match suspension in the wrong games) due to an error in the new FA discipline system introduced at the start of the season. The FA admitted the error and the League determined that no charge was applicable. Had we charged them, the club would rightly have appealed – and won.
Precedent is no longer the determining factor in disciplinary matters. The FA Legal Department has instructed all leagues to treat every case on its own merits, with precedent being of secondary importance. Written reasons are only published at the request of the participant. It’s not for me to say whether this is right or wrong, but that’s the way it is.
This week, the Northern Premier League three under Rule 6.9, playing an ineligible player. Supporters often ask why the sanction for fielding an ineligible player varies from case to case. The explanation is that Rule 6.9 states that clubs found guilty ‘shall have any point gained from that match or matches deducted from its record, up to a maximum of 12 points, and have levied upon it a fine’.
The other point here is that there are only three circumstances in which the League can vary its decision to deduct points. One is where a failure to obtain an International Transfer Certificate is involved. Second is where the ineligibility is related to a change in the Player’s status (i.e. non-contract to contract or vice versa) and third is where exceptional circumstances exist.
Contrary to what some conspiracy theorists believe, panels do not contain any representative(s) of a member club in the same division in which the charged club participates, for obvious reasons.
So, that’s the way the system works. Is it fit for purpose? In the absence of a better alternative, it probably is – just. As in the criminal justice system, a club (or player) charged with an offence does not automatically mean guilt. Life’s more complicated than that – and so is football.