BAFA Regulations

Issue 4.1 -- In effect from 1st April 2016. Incorporating what was previously called the BAFA Disciplinary Code and the BAFA Rules on Member Organisations.

Prologue -- The Spirit of American Football

The BAFA Regulations set out BAFA's expectations for the conduct of its members (both individuals and organisations).

They are deliberately couched as a set of principles rather than specific fixed procedures. The expectation is that regulatory committees that implement them will apply common sense and good judgement, and that above all else the spirit of the sport will be upheld at all times.

All participants in the sport, but especially coaches, players and officials, should expect to show appropriate levels of respect towards each other. Those participating in a situation that is physically confrontational by the nature of the sport should play hard and fair while the ball is live, but show restraint and care for their opponents at other times.

For brevity, male pronouns are used extensively in these Regulations, but the Regulations are equally applicable to female and male participants.

1. Basic principles

1.1. Scope and definitions

  • The BAFA Regulations shall be governed by the Arbitration Act 1996 (the Act) and amount to a binding arbitration agreement for the purposes of Section 6 of the Act.
  • The BAFA Regulations apply to and bind:
    1. BAFA participants, i.e.:
      1. players
      2. coaches
      3. officials
      4. directors, officers or employees of BAFA organisations
      5. anyone affiliated with a BAFA organisation at a BAFA event, including persons subject to the rules (Rule 1-1-6) and other game persons
      6. any other person participating in any activity sanctioned directly or indirectly by BAFA, whether or not they have explicitly registered with BAFA
    2. BAFA organisations, i.e.:
      1. the organisations that are members of BAFA
      2. affiliated leagues or competitions
      3. clubs and their team(s)
      4. any other organisation that is involved in arranging any activity sanctioned directly or indirectly by BAFA, whether or not they are directly or indirectly affiliated to BAFA
  • A BAFA game is defined to be:
    1. a regular season or playoff game played by teams in affiliated leagues or competitions
    2. any other game played in Great Britain where at least one of the teams represents a BAFA organisation
    3. any "all-star" or exhibition game played in Great Britain involving BAFA participants
  • A BAFA event is defined to be:
    1. a BAFA game
    2. a controlled scrimmage
    3. a training session organised by a BAFA organisation
    4. any national programme or other representative team event, including those held overseas
    5. any activity overseas where the organisation or participant is representing Great Britain, BAFA or a BAFA organisation
    6. any other activity, including meetings, which is clearly related to American football or associated with BAFA
  • For the purposes of these Regulations:
    1. an employee is someone who carries out work for a BAFA organisation, whether paid or voluntary
    2. an officer is someone who has a formal or informal role acting on behalf of a BAFA organisation, including directors, members of a management committee, or equivalents
    3. an accused is a participant or organisation against whom/which a disciplinary charge has been made
    4. an appellant is a participant or organisation who wishes to appeal against disciplinary action taken against them
    5. a match official is a person appointed to supervise a game according to Rule 1-1-4
    6. a sideline person is anyone who is permitted in the team area during a game, including coaches, trainers and other individuals directly involved in the game, but not including officials' assistants or medical personnel not associated with a team
    7. a game person is anyone affiliated with a team during a game, including game management personnel of any type, officials' assistants and anyone else who is involved in assisting the team or event organisation
  • By its very nature, these Regulations must relate to football-related matters and cannot and will not be available for private civil, criminal or personal disputes which have as their substance matters unconnected with or only marginally connected with the sport, or where the substance of the dispute exists outside the participation within the sport. However, BAFA reserves the right to widen the remit of disciplinary matters in two types of case:
    1. where a participant's conduct may reasonably be regarded as bringing the game (i.e. the sport itself) into disrepute, taking account of any undue negative impact or publicity
    2. where a participant's conduct may reasonably be regarded as leading to an increased risk to the safety of any participant, or loss of or damage to property

    1.2. Jurisdiction

  • Clubs may be responsible for the discipline of their own members, but must notify BAFA if they take disciplinary action against a member that:
    1. incurs a fine of more than £25
    2. imposes a suspension of more than one game
    3. is a second or subsequent offence within a 12 month period
    4. the member wishes to appeal against
  • Regardless of whether a club takes disciplinary action or not, BAFA may also instigate proceedings independently or in co-operation with the club. If BAFA instigates proceedings, it may decide to instead accept the finding and (if appropriate) sanction imposed by a club, or it may decide to consider the case afresh. BAFA may also order a club to cease disciplinary action against a member, in the interests of justice.
  • Where the jurisdiction in a case may reasonably be within the purview of more than one BAFA organisation, the BAFA Disciplinary Officer shall decide which organisation or a BAFA Disciplinary Committee shall have jurisdiction taking into account the primary role of the accused participant or organisation in connection with the breach and the seriousness of the offence.
  • Where a case falls into the jurisdiction of another American football organisation (e.g. IFAF), it will not normally be reconsidered by a BAFA Regulatory Committee.
  • For the avoidance of doubt, BAFA regulatory proceedings may progress in parallel with criminal and/or civil court action.
    1. Where BAFA is notified of an incident involving a participant which may amount to a breach of its regulations, it will commence an investigation immediately with a view to bringing disciplinary proceedings in a timely fashion. In light of the mutual dependency of participants within the game, it is essential that sporting justice and the imposition of any sporting sanction take place as soon as possible.
    2. BAFA will co-operate with the police and other legal and regulatory authorities and may suspend its investigation on request.
    3. BAFA acknowledges the principles set out in the memorandum of understanding between the Crown Prosecution Service, Association of Chief Police Officers, the Football Association and the Football Association of Wales on the appropriate handling of incidents falling under both criminal and football regulatory jurisdiction.

    1.3. Principles of natural justice

  • BAFA, as the national governing body of American Football in Britain, will be the final arbiter of discipline within the sport played in Britain.
  • All proceedings undertaken by BAFA against a BAFA participant or a BAFA organisation may be conducted at the BAFA Disciplinary Officer's discretion either by hearing or correspondence, and shall conform to the following principles of natural justice:
    1. the accused should be given reasonable notice about the proceedings including details of the accusation
    2. all persons involved in making a decision should declare any personal interest they may have in the proceedings
    3. all decision-makers should be unbiased, non-discriminatory and act in good faith
    4. proceedings should be conducted so they are fair to all the parties
    5. each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party
    6. any decision-maker should take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations
    7. justice should be seen to be done
    8. the accused will be found guilty only if the disciplinary authority finds that, in the balance of probabilities, the evidence proves the offence
    9. the balance of probabilities is a sliding scale: the more serious the allegation, the less likely it is that the event occurred and hence the stronger the evidence needed that it did occur
    10. where matters are dealt with by personal hearing, the accused is given a reasonable opportunity to attend the hearing and participate in it, accompanied by a friend (who is not legally qualified) if they so wish
    11. where matters are dealt with by correspondence, the accused or a friend (who is not legally qualified) is given reasonable opportunity to view the evidence and respond to the allegations, except in safeguarding cases, where the evidence may be redacted or summarised to protect the confidentiality of informants
    12. where the accused is a child, the accused must have an appropriate adult copied into all correspondence and attend any hearing
    13. where the accused refuses to answer questions or provide reasonable explanation for their actions, that refusal may be used against them
    14. penalties taken against a guilty party shall be proportionate to the offence
    15. where the accused admits to the offence at the first available opportunity, a more lenient penalty is imposed
    16. where any breach is proven to be motivated by or aggravated by one or more aggravating factors, a more serious penalty is imposed
    17. penalties for repeat offenders should be more serious than for a first offence
  • Where a case is dealt with by a BAFA organisation, the accused has the right of appeal to a BAFA Appeal Committee on the grounds that:
    1. significant evidence was not available to the disciplinary authority (although the appellant would have to show why any new evidence was significant to the case and why it was not submitted originally)
    2. the penalties imposed are unreasonably severe
    3. the procedure undertaken for disciplinary or appeal matters was unfair or discriminatory to a significant extent
  • Proceedings dealt with by a BAFA organisation that do not conform to the principles of Regulations 1.3.2 or 1.3.3 may be appealed to a BAFA Appeal Committee. However, a technical breach of these principles that in the balance of probabilities did not affect a decision or the outcome of a process shall be disregarded.
  • BAFA shall have the power to require of any participant upon reasonable notice:
    1. his or her attendance to answer questions and provide information; and/or
    2. the production of documents, information or other material in whatever form held
  • The BAFA Disciplinary Officer or anyone authorised by him shall have the power to enter the site of any BAFA event in order to make an investigation or to collect evidence.
  • Proceedings will not normally be commenced more than 6 months after any event to which it relates. Where the accused has taken steps to conceal the breach, the 6 months will be counted from when the breach came to light.
  • All BAFA organisations shall recognise penalties imposed by BAFA and other BAFA organisations.
  • BAFA may recognise the disciplinary rules and sanctions of any other sporting body (and institution which may be involved in the management of a team) and any person suspended or banned by any other sporting or relevant professional body may be suspended or banned concurrently by BAFA. Before imposing any such concurrent suspension or ban, however, a BAFA Disciplinary Committee must grant the person the opportunity to offer an explanation.
  • The BAFA Disciplinary Officer may provide an opinion on the interpretation of this Code. Such an opinion shall be binding unless subsequently overridden by a decision of the BAFA Board.
  • The BAFA Disciplinary Officer may from time to time determine procedures to be followed where not otherwise specified in these Regulations. Such procedures shall be binding on all participants.

    2. Registration

    2.1. Registrable categories

  • All persons in the following registrable categories shall be registered and pay the appropriate fee before participating in a BAFA event:
    1. players
    2. coaches
    3. officials
    4. officers of a BAFA organisation
    5. sideline person

    2.2. Fit and proper person

  • BAFA reserves the right to prohibit someone who is not a fit and proper person from carrying out any or all of the following restricted roles:
    1. BAFA director
    2. BAFA employee or volunteer
    3. Officer of a BAFA organisation (including leagues and clubs)
    4. Coach
    5. Official
  • Persons may be prohibited for one or more of the following reasons:
    1. criminal record, particularly for crimes of violence, crimes of dishonesty, or crimes against children or vulnerable people
    2. safeguarding reasons
    3. they have been prohibited by law from being a director
    4. they are subject to a bankruptcy order, individual voluntary arrangement or other insolvency order
    5. they have been director of an organisation (BAFA or non-BAFA) while it has suffered two or more unconnected events of insolvency
    6. they have been a director of two or more organisations (BAFA or non-BAFA) that, while they have been director, has suffered an event of insolvency
  • The fit and proper person test will apply to persons applying for or holding any of the following positions:
    1. BAFA director
    2. Director of BAFRA or BAFCA
    3. the BAFA Disciplinary Officer and other members of the BAFA disciplinary team and BAFA regulatory panel
  • In addition, the fit and proper person test will apply to persons applying for or holding any other restricted role if the BAFA Disciplinary Officer is in possession of information that leads him to believe that a person may reasonably fail the test.
  • If the test is applied to a person, they must make a self-declaration. If they fail to make a declaration they will be prohibited.
  • The contents of a self-declaration, in addition to any other relevant information known to BAFA, will be considered by a Registration Committee.
  • In making a decision, the Panel will consider the following factors:
    1. Any BAFA policy on the registration of ex-offenders
    2. The seriousness of any offence and its potential relevance to the role
    3. The length of time since any offence occurred
    4. Any relevant information offered by the applicant about the circumstances which led to the offence being committed
    5. Whether the offence was a one-off, or part of a history of offending
    6. The degree of remorse, or otherwise, expressed by the applicant and their motivation to change
  • If a person fails the test and is prohibited, they may appeal against the decision. See Regulation 8 Appeal Procedure.

    2.3. Safeguarding

  • BAFA may bar an individual by imposing restrictions on their involvement in American football on such terms as may be determined by BAFA in accordance with these regulations.
  • Child means a person under the age of eighteen years as defined by the Children Act 1989. Children means more than one child.
  • Regulated Activity means the statutory definition of the term as set out in the Protection of Freedoms Act 2012 which in summary is teaching, training, instruction, care or supervision of children, carried out by the same person frequently (once a week or more often), or on four or more days in a 30 day period, or overnight.
  • The Barring Officer is the person appointed by BAFA to implement this Regulation. In the absence of the Barring Officer, the Disciplinary Officer is deputed to act in his place.
  • An adult who works in regulated activity with children in American football must:
    1. apply for a Disclosure and Barring Service (DBS) or Disclosure Scotland (DS) disclosure processed through BAFA within four weeks of their employment or appointment
    2. provide any further detail, explanation or clarification of that disclosure as may be required by BAFA
    3. provide, on request from BAFA, references that attest to their suitability to be involved in working in regulated activity in American football
  • While awaiting their disclosure, a person may temporarily work on a paid or voluntary basis with children provided that they are supervised at all times during any activity with children by a person who is DBS/DS cleared.
  • Any person who fails to comply with BAFA's disclosure process or is not DBS/DS cleared may be prohibited from participating in American football by being barred under this regulation.
  • An individual may be barred from any BAFA event or activity on such terms and conditions as the Barring Officer considers appropriate on a case by case basis.
  • A bar may be imposed when the Barring Officer receives:
    1. notification that an individual has been charged with an offence;
    2. notification that an individual is the subject of an investigation by the police, social services or any other authority relating to an offence;
    3. notification that an individual has been convicted of, or made the subject of a caution in respect of, an offence;
    4. notification of the outcome of an investigation by the police, social services or any other authority relating to an offence; and/or
    5. any other information which causes the Barring Officer to believe that a person poses or may be a risk of harm to another person.
  • In determining whether a bar should be imposed the Barring Officer shall give consideration to, but not limited to, the following factors:
    1. whether a person may be at risk of harm;
    2. whether the matters or offences alleged are of a serious nature; and/or
    3. whether a bar is necessary or desirable to protect a person or persons from harm.
  • If the Barring Officer bars an individual they will be promptly notified by BAFA. The notification shall be copied to those who need to know on a confidential basis including any relevant authorities. The notification shall:
    1. set out the reasons why the bar has been imposed;
    2. advise that the individual has 14 days from the date of the notification in which to appeal the decision under Regulation 8; and
    3. that BAFA will notify the relevant statutory authorities once the appeal period has passed or if any appeal is unsuccessful.
  • A bar may be imposed for:
    1. an interim period (before, during and pending the outcome of an investigation); or
    2. a specified period (if, after further investigation, the conduct is such that it merits a sanction and/or criminal proceedings or investigations are underway); or
    3. indefinite period (if it is considered that the conduct and potential ongoing risk to a person or persons is such that it is considered necessary, reasonable and proportionate).
  • The Barring Officer may review a bar at any time if he chooses to do so. When imposing a bar, the Barring Officer may specify that the bar will be reviewed after a certain period of time determined by the Barring Officer, or upon a certain event (such as the completion of an investigation by another agency, or a criminal prosecution).
  • An individual who has been barred for an indefinite period may also request that a bar be reviewed at the stated review point stipulated in the bar notification, and BAFA will review the bar if it is satisfied that there is new evidence not previously considered by BAFA which shows that the risk posed to a person or persons by the individual has reduced.
  • The Barring Officer can decide to end a bar at any time if he decides that the circumstances justify this. Such ending of a bar is effective upon the Barring Officer confirming this in writing. If a bar is for a fixed term, the bar will lift at the expiry of that term (unless ended earlier by BAFA under these regulations).

    3. Code of conduct

    3.1. Bring the game into disrepute

  • A BAFA participant shall at all times act in the best interests of the game and shall not act in any manner which is improper or brings the game into disrepute, including but not limited to:
    1. participating in a game in a registrable category without being registered with BAFA (Exception: participants representing a team from outside Great Britain) or participating while suspended
    2. being disqualified from a game
    3. being removed from the playing enclosure during a game under the provisions of Rule 9-2-7
    4. misconduct before, during or after a BAFA event, including violent conduct, serious foul play, threatening, abusive, indecent or insulting words or behaviour or any breach of playing rules where the penalty imposed by rule is judged to be insufficient
    5. committing a criminal offence
    6. involvement in betting on any game or competition in which the participant has any involvement, or providing information to any other person that is not publicly available in relation to betting
    7. selling, offering or exposing for sale, either directly or indirectly, a ticket for a game in excess of the face value of the ticket
    8. incurring financial or other costs to the sport as a result of their disregard for BAFA policies and procedures
    9. making or accepting payments to participants that are not explicitly permitted, or causing or encouraging others to do so
    10. discriminating by reason of ethnic origin, colour, race, nationality, religion, age, gender, sexual orientation, disability, parental or marital status, pregnancy, class or social background, trade union membership or political belief
    11. persistent criticism, disputing or questioning by a participant of calls made by a match official
    12. conduct by a coach that is contrary to the BAFCA Code of Ethics
    13. conduct by an official that is contrary to the BAFRA Code of Ethics
    14. breaching the BAFA safeguarding policy, including failing to report a safeguarding concern
    15. breaching the WADA World Anti-Doping Code
    16. 0m 1mmaking inappropriate and unauthorised public statements (including on social0m 1mmedia) about matters relating to British American football0m 1m0m 1m
    17. 0m 1mattempting to breach these Regulations0m 1m0m 1m
    18. 0m 1minciting or abetting anyone to breach these Regulations0m 1m0m 1m
    19. 0m 1mobstructing or showing disrespect for any proceedings held under these0m 1mRegulations0m 1m0m 1m
    20. 0m 1man officer or employee of a BAFA organisation permitting their organisation to0m 1mbreach any provision of Regulation 3.1.2 below0m 1m
    0m 1m0m 1m
  • 0m 1m0m 1mA BAFA organisation shall at all times act in the best interests of the0m 1mgame and shall not act in any manner which is improper or brings the0m 1mgame into disrepute, including but not limited to:0m 1m
      0m 1m0m 1m
    1. 0m 1ma breach of any provision of Regulation 3.1.1 by a director, officer or employee0m 1mof the organisation while acting on behalf of the organisation0m 1m0m 1m
    2. 0m 1mmaking a verbal or written agreement in the reasonable knowledge that it0m 1mcannot or will not be kept0m 1m0m 1m
    3. 0m 1mfailing unreasonably to provide game management facilities for a BAFA game0m 1mthat meet the minimum requirements of Rules 1 and 130m 1m0m 1m
    4. 0m 1mfailing to keep proper financial, membership or other relevant records as0m 1mrequired by law or BAFA policy0m 1m0m 1m
    5. 0m 1mfailing to ensure that a participant associated with the organisation complies0m 1mwith a penalty or order imposed pursuant to these Regulations0m 1m0m 1m
    6. 0m 1ma breach of Regulation 4.0m 1m0m 1m
    7. 0m 1ma breach of any provision of Regulation 3.1.1 by a supporter0m 1mof a club or similar organisation, where that breach was reasonably0m 1mpreventable by the BAFA organisation0m 1m0m 1m
    8. 0m 1mhaving a director or officer (or equivalent) who is not registered with BAFA0m 1m0m 1m
    9. 0m 1mpermitting an individual to participate in a game in a registrable category0m 1mwithout being registered with BAFA and/or without appearing on the team's0m 1mroster form0m 1m
    0m 1m0m 1m
  • 0m 1mAn aggravating factor in any breach is any reference to any one or a0m 1mcombination of:0m 1m
      0m 1m0m 1m
    1. 0m 1methnic origin0m 1m0m 1m
    2. 0m 1mcolour0m 1m0m 1m
    3. 0m 1mrace0m 1m0m 1m
    4. 0m 1mnationality0m 1m0m 1m
    5. 0m 1mreligion0m 1m0m 1m
    6. 0m 1mage0m 1m0m 1m
    7. 0m 1mgender0m 1m0m 1m
    8. 0m 1msexual orientation0m 1m0m 1m
    9. 0m 1mdisability0m 1m0m 1m
    10. 0m 1mparental or marital status0m 1m0m 1m
    11. 0m 1mpregnancy0m 1m0m 1m
    12. 0m 1mclass or social background0m 1m0m 1m
    13. 0m 1mtrade union membership0m 1m0m 1m
    14. 0m 1mpolitical belief0m 1m
    0m 1m0m 1m0m 1m3.2. Penalties
      0m 1m0m 1m
    1. 0m 1mAll fines specified in these Regulations are reduced in youth, junior0m 1mand student leagues but with no reduction applicable to appeal and any0m 1mother administrative fees.0m 1m0m 1m
    2. 0m 1mAll fines and fees shall be paid to BAFA.0m 1m0m 1m
    3. 0m 1mA club is responsible for the payment of any fine or fee incurred by0m 1ma participant registered with it. It is then up to the club whether or0m 1mnot to reclaim the money from the individual, but that process is not0m 1mpart of the BAFA Regulations. (A club0m 1mmay regard an unpaid amount by a participant as a club debt and prevent that0m 1mperson registering for another club.)0m 1m0m 1m
    4. 0m 1mA club must pay all fines and fees within 28 days of becoming due0m 1m(and regardless of whether an invoice is issued or not). A fine for a0m 1mdisqualification or a person removed from the playing enclosure becomes0m 1mdue on the day of the offence. Other fines/fees become due when notified0m 1mto the club.0m 1m0m 1m
    5. 0m 1mA 50% discount is automatically applicable for a fine resulting from a0m 1mfixed penalty provided BAFA receives full payment within 14 days of the0m 1moffence. The full fine is due after 14 days.0m 1m0m 1m
    6. 0m 1mWhere a fine or fee relates to a suspended participant or organisation, that0m 1mperson or organisation's suspension will automatically continue until the fine or0m 1mfee is paid. If not paid within 28 days, the fine or fee will be automatically doubled0m 1mand the person or organisation suspended for a further one game. A further one0m 1mgame suspension will be added for each further 28 days the fine or fee remains0m 1munpaid.0m 1m
    0m 1m0m 1m3.3. Fixed penalty offences
      0m 1m0m 1m
    1. 0m 1mThe following breaches of the Code of Conduct may be regarded as fixed penalty0m 1moffences:0m 1m
        0m 1m0m 1m
      1. 0m 1mparticipating in a game without being registered with BAFA0m 1m0m 1m
      2. 0m 1mpermitting an individual to participate in a game without appearing on a team's0m 1mroster form0m 1m0m 1m
      3. 0m 1mbeing disqualified from a game0m 1m0m 1m
      4. 0m 1mbeing removed from the playing enclosure during a game under the provisions0m 1mof Rule 9-2-70m 1m0m 1m
      5. 0m 1mmisconduct before, during or after a BAFA event, including violent conduct,0m 1mserious foul play, threatening, abusive, indecent or insulting words or0m 1mbehaviour0m 1m
      0m 1m0m 1m
    2. 0m 1mIn the event of any of the above, the BAFA Disciplinary Officer may determine0m 1mthat the breach was so severe that the case should be dealt with under full0m 1mdisciplinary proceedings.0m 1m0m 1m
    3. 0m 1mThe fixed penalty offences involve suspensions and fines as follows:0m 1m
      0m
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Editor: Jim Briggs, BAFA/BAFRA Rules Committee

      
rules@bafra.org