The justice board disciplinary procedures are opened on the basis of:
- the game supervisor’s disciplinary report,
- a formal request from the EBEL presidency, EBEL president, EBEL commissioner, WADA, a participating club, or
- when initiated at the discretion of a justice commission member.
The justice board must receive the formal request within 30 days of the day the alleged incident took place.
The request for justice commission disciplinary proceedings must be submitted in writing to the disciplinary board members. A board member shall notify the accused party and corresponding participating club, in writing and in a timely manner that such a request has been received or, if applicable, proceedings have been initiated by the justice commission. The noticed or subsequent communication shall allege the violation/offense; include all relevant documents and/or correspondence; explain the accused party’s due process rights including the right to submit written evidence, have an oral hearing, call and question witnesses at such hearing; and explain the fact that if the accused party does not submit written comments within the indicated deadline, the justice commission will make a decision on the basis of the currently available evidence. All communication with the accused party, including notice, is addressed to the participating club (or League where applicable), who has the responsibility to inform the accused party. Communication is sent via email and shall be deemed received the same day. The accused party, as well as the respective participating club shall submit their written comments to the justice board no later than 14 days after having received the notice of disciplinary proceedings.
On request of the accused party or if the justice commission members so decides, a formal hearing shall be held. The justice commission shall set the date of the formal hearing and has ultimate authority over the formal hearing procedures, including deadlines for submitting additional evidence or naming witnesses. The accused party must attend the formal hearing at his own costs. The accused party has the right to be represented by a person/counsel of his choice at his own expense. The formal hearing is not public. Ten days prior to the formal hearing, the accused party must disclose all written evidence which he intends to present and specify any witnesses/experts which he intends to or may call at the formal hearing.
The justice commission shall reach its decision within a reasonable period of time. The disciplinary party, as well as the appellant initiating the proceedings and the EBEL must be notified, in writing, as soon as a decision has been reached. The notice shall include a written statement of the reasons for the decision.
The disciplined party must be informed about these appeal rights. The decision of the sport board remains in effect while under appeal unless the respective appeal body orders otherwise.