Section XI

MISCONDUCT POLICY    (approved 1/13/04)

I.   COACHES, PLAYERS, OFFICIALS, SCHOOL PERSONNEL, AND MEMBER SCHOOLS MISCONDUCT POLICY

     A. The display of physical or verbal abuse or improper behavior is to be considered misconduct.

     B. Misconduct
         Misconduct occurring before, during, or after a contest is to be reported by the assigned official(s) or a school administrator to the Executive Director of Section XI.

II.   Reporting Procedures

      A. Procedures for officials to report a player, coach, school personnel or member school for misconduct.

      When a player, coach, school personnel or member school displays misconduct, the official will report such by phone to the Section XI Office on the following weekday; a written report is then to be forwarded to the Section XI Office by the official; the Section XI Office is to copy the Athletic Director of the offending school with the written report.

      B. Procedure for coaches and school administrators to report a player, coach, official, spectator or a member school for misconduct:

          1. Any incident of misconduct is to be reported to the Section XI office by the Athletic Director of the reporting school following his/her independent finding of misconduct.

          2. A written report signed by the Athletic Director is to be forwarded to the Section XI Office detailing the incident of misconduct.

      C. Penalties

          1. Member Schools, Players, Officials, Coaches or spectator

               Member schools, school personnel, players, officials, coaches or spectator displaying misconduct may be subject to penalties deemed appropriate by Section XI. These penalties may include: a one or two game suspension (which may be meted-out by the Section XI Office), censure, reprimand or other appropriate sanctions and penalties imposed for serious or continued actions of misconduct. Section XI will employ the procedure set forth within III (infra) to assist in determining a penalty when that penalty may exceed a two game suspension (which may be meted-out by the Section XI Office).

          2. Players and Coaches

               Those players and coaches who engage in founded misconduct shall be subject to the following penalties:

              a.   Removal From the Contest - Game officials and coaches will enforce all rules as they pertain to player conduct.

An official's judgment finding misconduct will necessitate the suspension of a player, coach or spectator from a contest or removal of school personnel from the site should the misconduct occur prior to a contest; the ejection of a player, spectator or coach from the contest should the misconduct occur during the contest; or the suspension of the coach, spectator or player from the next subsequent contest should the misconduct occur following the contest.

A coach suspended from a contest or spectator removed from the site is not to be present or remain present at the game site during the subject contest from which he or she has been ejected or he or she has been removed.

Disqualification of a coach, spectator or a player is to carry over from one season to the next.

               (1) It is the responsibility of the coach to ascertain from the official that the incident leading to the suspension or ejection is considered misconduct and, if so, it is the coach's responsibility to suspend the player from the team's next contest.

                (2) Failure of the official to report to the Section XI Office or failure of the Section XI Office to forward the report to the Athletic Director, or failure of the Athletic Director to notify the coach does not relieve a coach of the responsibility to suspend the player.

             b. Removal From a Subsequent Contest - A player, spectator or coach suspended from a contest due to misconduct exhibited prior to a contest, or ejected from a contest for misconduct occurring during the contest, or a player, spectator or coach guilty of misconduct following a contest is not to participate in his/her team's next regularly scheduled contest (including post season contests). If a suspended player or coach participates in a contest, he/she is deemed ineligible and that contest is considered forfeited.
            c. Any athlete that engages in a fight and/or leaves the bench area during an on-field altercation will be required to sit out of the next 2 scheduled contests. (As with our current policy, should this suspension overlap the end of the season, it will carry over to the post season and/or the next season the athlete participates in). Should the situation repeat itself in the same season, the athlete will be ineligible for the remainder of that specific sport regular and post season.

* Additionally the player(s) or coaches who have been suspended from the next contest may not be present at the site of the contest. (EFFECTIVE 5/2/22)

          In the event of a suspension of a player at the final contest of the season, the suspended player will serve the suspension at the next scheduled contest determined by the schedule in place at the start of that season in which the player participates. (Approved 3/30/2004)

             d. Further Suspension (Revised 5/22/07)

                 (1) Ejection of a player or coach (including the suspension of a player or coach for misconduct exhibited prior to or following a contest) from a second contest in a season by officials will result in suspension from two additional contests.

                (2)    Any player or coach ejected from a third contest in the same sport in the same season will not be allowed to participate for the rest of the season. (Adopted by NYSPHSAA May, 2007)

                (3)    If the third ejection takes place in the last contest of the season (regular or post schedule play), the Section will assess the penalty carrying over into the next season of participation.
(Adopted by NYSPHSAA May, 2007)

                 (4) Continued infractions causing ejection or suspension of the same player, spectator or coach from additional contests shall prompt a communication by the Executive Director to the Superintendent and Athletic Director of the school involved. It is the responsibility of the Athletic Director to respond to this communication and indicate the action taken by the member school.

                 (5) If a satisfactory response is not received by the Executive Director, the matter will be referred to the Executive Board of Section XI.

            e. All determinations by officials in the ejection or suspension of athletes/coaches and spectators are to be deemed conclusive.

III.   COACH/PLAYER/OFFICIAL/SCHOOL PERSONNEL/MEMBER SCHOOL BEHAVIOR

Written charges against an official, coach, player, school personnel or spectator for alleged misconduct may be filed by a Superintendent of Schools or member of the Presidents' Council with the Executive Director of Section XI within five calendar days of the date of the alleged misconduct.

Upon a review of the charge(s) by at least a quorum of the Executive Board of Section XI within ten days of receipt of charges, it will be determined by a majority of the quorum of the Executive Board whether "probable cause" exists. If such a determination is made, a written statement specifying the charges in detail shall be immediately forwarded to the accused coach, official, player, school personnel or spectator by certified mail.

Within five days of the receipt of the statement of charges, the coach, official, player, school administrator or spectator will notify the Executive Director of Section XI whether a hearing is desired on the charges. The inexcusable failure to notify the Executive Director of Section XI of such desire for a hearing within five days of the receipt of the charges will be deemed a waiver of the right to a hearing. If the coach, official, player, spectator or member school waives his/her/its right to a hearing, the Executive Board shall proceed within five days, by vote of the majority present (a quorum being required) to determine the case and fix the penalty or punishment, if any, to be imposed. The Executive Board will avail itself of all necessary testimonies and proofs concerning the charges prior to its determination.

The coach, official, player, school personnel or spectator shall be informed that if a hearing is requested he/she/it shall have the right of representation by counsel; the right to question witnesses against him/her/it and the right to present witnesses and other evidence on his/her/its behalf.

The hearing will be held before the Section XI Ethics Committee, and the hearing officer shall be the Chairperson of the Ethics Committee; the hearing officer shall be authorized to administer oaths and issue subpoenas in conjunction with the proceeding before him/her. A record of the hearing shall be maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record.

The Hearing Panel shall make "Findings of Fact and Recommendations" as to the appropriate, if any, measure of discipline to be imposed upon the coach, official, player, school administrator or member school.

The penalties to be assessed against the coach, player, official, or school personnel may include a reprimand to be filed with the Superintendent of the member school employing the coach, school personnel or educating the player; a suspension from all Section XI contests of the coach, player, official or school personnel for a fixed time; permanent expulsion from participation as a player, coach or official; such sanctions as may be deemed appropriate against a school administrator or member school; a penalty to be assessed against an official may include a reprimand to be filed with the Presidents' Council of Officials and Section XI or a suspension for a fixed time or permanent expulsion from all officiating duties within Section XI.

The Hearing Panel's determination may be appealed to the Section XI Executive Board within five days of receipt of the decision by way of the filing of a written appeal request with the Executive Director of Section XI.

The Executive Board, will, within twenty days of receipt of the appeal request, review the transcript or tape recording of testimony and other evidence submitted before the Hearing Panel and will render a determination affirming, reversing, or modifying the decision of the Hearing Panel; the respondent party or parties shall be entitled to oral argument before the Executive Board through a representative or pro se.

The Executive Board's determination shall be deemed final for the purpose of determining the measure of discipline, if any, to be imposed upon the coach, official, player, school personnel or member school.

Approved 1/13/04