Question Number: 17268

League Specific 10/12/2007

RE: College

jewel elwin of san juan, Trinidad and Tobago asks...

This question is a follow up to question 17238

Thanks alot for your feed back, [17238] it was most enlightening, however i was hoping to find out what are the possible disciplinary actions according to the FIFA disciplinary code that would be relevant in the stated situation.would a five year ban for the acussed be too harsh a sanction?
Thanks for your time,
best regards.

Answer provided by Referee Chuck Fleischer

Thank You for your kind remarks Jewel. Concerning possible league bans I would think that after the authorities have considered the case and determined guilt or innocence the league would accede to their findings. If there is no guilt there should be no bans other than those suffered by other acts of violent conduct. Should there be a finding of guilty and incarceration be deemed appropriate there's no need for a ban beyond prison time and/or that time spent on probation.

Regards,

Answer provided by Referee Richard Dawson

In my opinion the rule of criminal or civil law wil be added weight to anything FIFA might impose! As I recall you said"Where a weapon is used by one player to inflict bodily harm on another!" Was it a dirt clod thrown in frustration or a ball or waterbottle into the nose, a knife or a bench smashed over the head? In my opinion 5 years might be ok or if I knew the facts a lifetime ban and a criminal record even more appropriate!! Those tyat decided were aware and thus the decision rendered is a product of their ideal of moral integrity!

Below is a reprint of FIFA statutes perhaps it will help you understand the procees through the game side of it!

Article 55 Disciplinary measures
The disciplinary measures are primarily:
1 for natural and legal persons:
(a) a warning;
(b) a reprimand;
(c) a fine ;
(d) the return of awards.
2 for natural persons:
(a) a caution;
(b) an expulsion;
(c) a match suspension;
(d) a ban from the dressing rooms and/or the substitutes? bench;
(e) a ban from entering a stadium;
(f) a ban on taking part in any football-related activity.
3 for legal persons:
(a) a transfer ban;
(b) playing a match without spectators;
(c) playing a match on neutral territory;
(d) a ban on playing in a particular stadium;
(e) annulment of the result of a match;
(f) expulsion;
(g) a forfeit ;
(h) deduction of points;
(i) relegation to a lower division.
4 The Executive Committee shall draw up a FIFA Disciplinary Code.

Article 56 Judicial bodies
1 The judicial bodies of FIFA are:
(a) the Disciplinary Committee;
(b) the Appeal Committee;
(c) the Ethics Committee.
2 The responsibilities and function of these bodies shall be stipulated
in the FIFA Disciplinary Code and the FIFA Code of Ethics.
3 The decision-making powers of certain committees remain unaffected.

Article 57 Disciplinary Committee
1 The Disciplinary Committee shall consist of a chairman, deputy
chairman and the number of members deemed necessary. The chairman and the deputy chairman shall have legal qualifications.
2 The function of this body shall be governed by the FIFA Disciplinary Code. The committee shall pass decisions only when at least three members are present. In certain cases, the chairman may rule alone.
3 The committee may pronounce the sanctions described in these
Statutes and the FIFA Disciplinary Code on Members, clubs, Officials,
Players and match and players? agents.
4 These provisions are subject to the disciplinary powers of the Congress and Executive Committee with regard to the suspension and expulsion of Members.

Article 58 Appeal Committee
1 The Appeal Committee shall consist of a chairman, deputy chairman and the number of members deemed necessary. The chairman and deputy chairman shall have legal qualifications.
2 The function of this body shall be governed by the FIFA Disciplinary Code. The committee shall pass decisions only when at least three members are present. In certain cases, the chairman may rule alone.
3 The Appeal Committee is responsible for hearing appeals against
decisions from the Disciplinary Committee that are not declared
final by the relevant FIFA regulations as well as decisions passed by
the Players? Status Committee concerning the eligibility of Players
for Association teams.
4 Decisions pronounced by the Appeal Committee shall be irrevocable and binding on all the parties concerned. This provision is subject to appeals lodged with the Court of Arbitration for Sport (CAS).

Article 59 Ethics Committee
1 The Ethics Committee shall consist of a chairman, a deputy chairman and the number of members deemed necessary.
2 The function of this body shall be governed by the FIFA Code of
Ethics as established by the FIFA Executive Committee