Basketball England Terms and Definitions

Abuse: Any form of harm or maltreatment of a Child. There are four main types of Abuse: Emotional Abuse, Physical Abuse, Sexual Abuse and Neglect. Other forms of Abuse may include Discriminatory Abuse or Psychological Abuse.

Adult: A person over the age of 18 years old.

Adult at Risk: Any person aged 18 or over who has needs for care and support (whether or not the local authority is meeting any of those needs) and is experiencing, or at risk of, abuse or neglect, and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect. This may include people with learning disabilities, sensory impairments, mental health needs, older people and people with a physical and/or mental or impairment. It may also include people who are affected by the circumstances that they are living in, for example, experiencing domestic violence. An individual’s level of vulnerability to harm may vary over time depending on the circumstances they are in and their needs at that time.

Affiliated Club or League Member (Affiliated Member): A Club or League affiliated with BE which has undergone the affiliation process and is sanctioned by and/or falling under the jurisdiction of BE.

Affiliation Criteria: The eligibility criteria (including but not limited to the Basketball England New Club Affiliation Policy) as in place from time to time, which must be satisfied by all applicant clubs and leagues prior to affiliation being granted.

Affiliation Period: The duration of the affiliation.

Affiliation: The term used to describe a club or league which has undergone the application process and have been approved by BE as an affiliated member.

Aggravated Breach: Misconduct including a reference, whether express or implied, to any one or more of the following: ethnic origin, colour, race, age, nationality, religion or belief, gender, gender reassignment, sexual orientation or disability.

Anti-Corruption Regulations: The association’s anti-corruption and integrity regulations as in place from time to time.

Anti-Doping Regulations: Any and all WADA (including the WADA World Anti-Doping Code) and/or UKAD anti-doping and any social drug regulations, rules, codes of practice and/or policies of any kind whatsoever in place from time to time.

AOC: The Association of Colleges

Appeal: An appeal submitted in accordance with BE’s Appeals Policy.

Appeal Panel: An independent panel convened by BE in accordance with its rules and regulations including but not limited to its Disciplinary Code and Eligibility and Participation Exemption Policy to act as the decision-making body to adjudicate the Appeal process in accordance with this Appeals Policy.

Appeals Policy: BE’s Appeals Policy as in place from time to time.

Appellant: The Participant bringing an appeal.

Applicable Laws: All laws, statutes, regulations, decisions, rulings, directives, codes of practice, government policies, enactments, or instruments (including national, regional, local, or principal laws, regulations, or by-laws of any kind whatsoever) relevant to BE Policies.

Articles of Association: BE’s Articles of Association as in place from time to time.

Associates: Organisations with connection to BE including but not limited to educational establishments running basketball programmes, the BBF, FIBA, Basketball Wales, Basketball Scotland, Basketball Ireland, the Association of Colleges and the British Universities & Colleges Sport (BUCS).

Basketball England Integrity Team: The Basketball England staff team responsible for integrity matters, including Discipline, Safeguarding and Equality, Diversity and Inclusion (EDI) and Appeals. 

Basketball Laws/Rules: The rules and regulations from time to time in force of any confederation, Governing Body, national association or league under the auspices of FIBA and/or the BBF to the extent that they relate or apply to Basketball England and/or participants.

BBF: The British Basketball Federation; the governing body responsible for basketball within Great Britain and for teams representing Great Britain which compete internationally. The BBF is a Member Federation of FIBA. Basketball England is a Home Country Association member of the BBF.

BE: Basketball England.

Betting Regulations: Basketball England's betting regulations as in place from time to time.

BI: Basketball Ireland.

Board Director: A director of Basketball England’s board.

British Basketball: The British Basketball Federation (BBF), the NGB responsible for basketball within Great Britain and for teams representing Great Britain which compete internationally.

British Basketball Federation: As above.

BS: Basketball Scotland.

Bullying: Any form of harm or maltreatment of a child or adult. There are four main types of Abuse: Emotional Abuse, Physical Abuse, Sexual Abuse and Neglect. Other forms of Abuse may include Discriminatory Abuse or Psychological Abuse.

BW: Basketball Wales.

Case Management Group: A group convened by Basketball England to support the Safeguarding Team in considering and determining how a safeguarding case arising from a concern shall be dealt with.

Chair: The person appointed from time to time to be an independent chairperson of a the Basketball England board of Director, a Disciplinary Committee or other committee or panel.

Child Sexual Exploitation: A form of Child Sexual Abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a Child into sexual activity usually in exchange for something the victim needs or wants.

Child/children: A person under the age of 18.

Club: A basketball club affiliated with and an affiliated member of BE, competing in England under the auspices of BE.

Club Welfare Officer: The welfare officer (also known as CWO or the Safeguarding Officer) appointed by a club to lead its safeguarding provision.

Code of Ethics and Conduct: A code as amended from time to time, providing guidance as to the standards of behaviour, conduct, transparency, accountability and integrity required from every participant, entity or person under the jurisdiction of BE.

Competition Rules and Regulations: The rules and regulations of a league or competition.

Competitions Manager: The Basketball England staff member with responsibility for the management of competitions.

Competitions Review Panel: Three members of Basketball England staff, with responsibility for the management of competitions.

Complainant: The person or body raising a misconduct or general complaint.

Complaints Policy: Basketball England's complaints policy as in place from time to time.

Concern: Fear, worry or concern that a Child or Adult at Risk may be at risk of abuse.

Cyber bullying: A form of online Emotional Abuse whereby a Child or Adult at Risk is discriminated against.

Data Protection Legislation: All applicable laws relating to data protection,  the processing of personal data and privacy, including: the Data Protection Act 2018, UK General Protection Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other data protection and/or privacy legislation applicable in the UK from time to time, (each as amended, updated, replaced or re-enacted from time to time and including all subordinate legislation made from time to time under or giving effect to the same) and references to “Controller”, “Personal Data”, “process”, “Processing”, “Special Category Personal Information”, “criminal convictions” have the meaning set out in, and will be interpreted in accordance with, such applicable laws.

Decision: The written decision of the Disciplinary Commission or Appeal Board as applicable

Disciplinary Code: Basketball England’s disciplinary code as in place from time to time.

Disciplinary Team: Basketball England’s disciplinary team convened to determine disciplinary matters (including safeguarding matters – where appropriate).

Discipline Commission: A panel established by BE or a delegated association to adjudicate on a misconduct case.

Discipline Officer: Any person appointed by BE to carry out their discipline process.

Discipline Rules: Rules detailed within the Disciplinary Code.

Discriminatory Abuse: A form of Emotional Abuse whereby a child or adult  is discriminated against, including racist, sexist, that based on a child’s or adult  disability, or other protected personal characteristic as defined in the Equality Act 2010, as well as other forms of harassment, slurs or similar unfair treatment.

Eligibility and Participation Exemption Policy: BE’s exemption and participation exemption policy as in place from time to time.

Elite Athletes: An athlete that competes on BE’s talent pathway at national level.

Emotional Abuse: The persistent emotional maltreatment of a child or adult at risk such as to cause severe and persistent adverse effects.

Employee: An individual holding a contract of employment with BE.

Extremism: Vocal or active opposition to fundamental values, including the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs.

FIBA: The international federation (Fédération Internationale de Basketball Amateur) recognised by the International Olympic Committee for administering international competitions for basketball 

FIBA Competition(s): Events, tournaments and other international competition events under the jurisdiction of FIBA.

FIBA Regulations: The general statutes, internal regulations, other rules and regulations and decisions of FIBA in force from time to time.

Full Disciplinary Procedure: The procedures outlined in the Disciplinary Code for dealing with a misconduct charge that is not dealt with as a Summary Offence.

General Provisions: The provisions stated within the Disciplinary Code relating to discipline procedures, including provisions for Disciplinary Commissions and Safeguarding Panels.

Governing Body: BE in England, other national associations, the BBF, FIBA and any other recognised and properly constituted basketball governing body.

High Profile Individual: Basketball England athletes, former athletes,  Basketball England 'legends', Board Directors, senior leadership team, senior executives, and those with associated and/or engaged by BE who are well known in the public domain and may have 'celebrity' status.

Independent Chair: A person, not employed by BE, to hear a disciplinary matter.

Independent Panel Member: An independent member of the Appeal Panel. For the purposes of being selected to the Appeal Panel, “Independent” shall mean a person who at the time of their appointment (or at any time up to three years prior thereto) shall not be or have been a member of the Basketball England Board; shall not be or have been an employee, director or officer of, or affiliated with, nor have or have had a material relationship (business related or otherwise) with, Basketball England, the Appellant or the Respondent.

Inside Information: Any information passed on to a third party without authority which may be used inappropriately.

Institution: A school or higher education establishment whom BE has an affiliation.

Integrity Team: The BE staff team responsible for integrity matters.

Interested Party: Any person or member, who in the Investigations Officer’s opinion, is likely to be affected by the outcome of any Complaint.

Interim Suspension: A suspension imposed by an authorised body prior to either a charge or the final hearing of a charge.

Investigations Officer(s): The Investigations Officer(s) of BE appointed from time to time either on a case-by-case basis or generally and includes any deputy appointed by him/her.

Key Stakeholders: An individual or organisation that has an interest in business activity and outcomes. Examples include, but are not limited to, suppliers, contractors, funders, customers.

LADO/Local Authority Designated Officer: The LADO works within Children’s Services and will be involved in coordinating information sharing in cases in which it is alleged that a person who works with children (including as a volunteer) has: 

• Behaved in a way that has harmed or may have harmed a child

• Possibly committed a criminal offence against children or related to a child

• Behaved towards a child or children in a way that indicates s/he is unsuitable to work with children

League: A basketball league affiliated with and an Affiliated Member of BE including local leagues, schools, colleges, university leagues and the National Basketball League.

Licence Fee: The fee incorporated into a membership fee paid by all licenced members to BE for a licence.

Licence Period: The duration of the licence.

Licence: A licence granted by BE to licenced members in order for them to undertake and/or participate in licenced activity.

Licenced Activity: Basketball related activity sanctioned by and/or falling under the jurisdiction of BE which requires a licence.

Licenced Member: A person (including but not limited to a player, coach, referee, table official, team follower, bench personnel and/or statistician) and Member of BE (in accordance with the Membership Terms and Conditions as in place from time to time) who requires a Licence in order to carry out Licenced Activity.

Licencing Criteria: The eligibility criteria which must be satisfied by all applicants prior to a licence being granted.

Member: A member of BE (including but not limited to a Participant Member and a Performance Member and/or Affiliated Member who from time to time participates in any activity sanctioned by and/or falling under the jurisdiction of BE).

Member Federation: A national governing body for basketball which is a member of FIBA.

Membership: Membership of BE in accordance with BEs Membership Terms and Conditions as in place from time to time.

Membership Department: The membership governance department of BE, whose office is at Etihad Campus Rowsley Street, Gate 13, Manchester, England, M11 3FF.

Membership Disciplinary Procedures: The disciplinary procedures outlined within this document.

Membership Fee: The fee paid by all affiliated members to BE for affiliation.

Membership Period: The duration of membership.

Membership Terms and Conditions: BE’s terms and conditions of membership as in place from time to time.

Minor: A young person under the age of 18.

Misconduct: Any action or behaviour considered by BE to be a breach of the Discipline Rules or any other regulation in place from time to time.

Misconduct Complaint: A report or communication of any type that indicates a breach of the Discipline Rules or any other relevant regulation in place from time to time.

National Association: Basketball Ireland, Basketball Scotland and Basketball Walks or such other successor bodies recognised by Basketball England from time to time.

National Discipline Commission: A panel appointed to hear a Serious Case.

NBL: The National Basketball League.

NBL Player Licence: A licence granted as part of BE membership to players to compete in the NBL.

Neglect: The persistent failure to meet a Child’s or Adult at Risk’s basic physical and/or psychological needs, likely to result in the serious impairment of the Child’s or Adult at Risk’s health or development.

Officers: Any employee or volunteer connected to any organisation sanctioned by or under the under the jurisdiction of BE.

Official(s): Referees, table officials, commissioners, observers, referee coaches and/or statisticians.

Online Safety (also known as internet safety, e-safety or cyber safety): Refers to the act of staying safe online and the safe and responsible use of technology. This includes the use of the internet and also other means of communication using electronic media, for example social media, text or other messaging applications, gaming devices, email, etc.

Participant: Any Member, Official, Player, Support Personnel, member of a Club, League or Regional Association sanctioned by and/or falling under the jurisdiction of BE.

Participant Member: A member with a licence to participate in a local league, a central venue league and other structured competitions deemed outside of Performance Membership tier.

Performance Member:  A member with a licence to participate in competitions deemed of a national level, including the National Basketball League, and other elite level competitions.

Personal Hearing: A hearing attended in person (including online) by the Respondent and any witnesses, and the Disciplinary Commission.

Physical Abuse: A form of Abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a Child or Adult at Risk. Physical harm may also be caused when a parent, or other person with parental responsibility fabricates the symptoms of, or deliberately induces, illness in a Child or Adult at Risk.

Player(s): All basketball players who are members of an Affiliated Member or who participate in any basketball activity organised or authorised by BE or by its Affiliated Members or Regional Associations, including those who are selected to play for England.

Position of Trust: Roles where the post holder has power and authority and may have key influence in the life of others (including Children and Adults at Risk).

Preliminary Matter: Any matter needing consideration by a Chair prior to the commencement of a Discipline Commission.

Protected Characteristic: Any characteristic protected under the Equality Act 2010 which are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Psychological Abuse: Including Emotional Abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, Verbal Abuse, isolation or withdrawal from services or supportive networks.

Radicalisation: The process by which a person comes to support or engage with terrorism and forms of extremism leading to terrorism.

Regional Association: A local association with responsibility for regional Basketball activity sanctioned by and/or falling under the jurisdiction of BE including North East, North West, Yorkshire, London, East, East Midlands, West Midlands, South, South East and South West Regions.

Registered Testing Pool: As defined in Anti-Doping Regulations.

Respondent: Any Participant who has had a Misconduct charge raised against them or the party or parties against whom the Appeal is brought.

Safeguarding and Integrity Senior Manager (“SISM”): Any person appointed by BE to carry out their safeguarding process.

Safeguarding Case Management Group: A group appointed by Basketball England with responsibility for ensuring that Safeguarding matters are dealt with fairly and appropriately. 

Safeguarding Panel: A body appointed to hear a safeguarding case also known as the Case Management Group.

Safeguarding Partner (SP): Following ‘Working Together to safeguarding children guidance’ Local Safeguarding Children Boards (LSCBs) have been replaced by “safeguarding partners.” Under new legislation, three safeguarding partners (local authorities, chief officers of police, and clinical commissioning groups) must make arrangements to work together with relevant agencies (as they consider appropriate) to safeguard and protect the welfare of children in the area. 

Safeguarding Policy: BE’s Safeguarding Policy as in place from time to time.

Safeguarding Regulations: The safeguarding regulations reflect the safeguarding ethos of Basketball England.  They provide detailed definition and rules of interpretation along with obligations and prohibited behaviour.  

Safeguarding Team: BE’s Safeguarding Team responsible for Safeguarding matters under BE’s jurisdiction. The Safeguarding Team is responsible for safeguarding policy and procedure, managing cases of poor practice/abuse with the sport, DBS process, supporting club welfare officers, and liaising with external partners.  

Sanction: The penalty imposed upon the determination of a Misconduct Complaint.

Serious Case: Any Misconduct to be referred to a National Discipline Commission for an offence listed by The Association as a Serious Case from time to time.

Sexual Abuse: Forcing or enticing a Child or Adult at Risk to take part in sexual activities, not necessarily involving a high level of violence, whether or not the Child or Adult at Risk is aware of what is happening. The activities may involve physical contact as well as non-contact activities, such as grooming. Child Sexual Exploitation is a form of Sexual Abuse.

Staff: Any person acting for or on behalf of Basketball England in an official role whether as an employee, volunteer, casual workers or staff, consultant or otherwise.

Statutory agencies: Children’s Social Care (previously known as the Social Services) have a duty to ensure the welfare of children and a legal responsibility to make enquiries where a child in their area is considered to be at risk of, or actually suffering from, significant harm. Where an allegation relates to a crime against a child, the Police and Children’s Social Care will work together to investigate. When there is a concern surrounding a person in a position of trust the LADO is involved throughout to ensure information is shared with those who need to know. 

Summary Offence: A breach that can be proceeded against summarily, without the need for a full disciplinary hearing.

Summary Procedure: The procedure to be adopted to deal with a Summary Offence.

Support Personnel: Any coach, trainer, manager, agent, team staff, nutritonalist, medical, paramedical personnel, parent or any other person working with, treating or assisting a Club, League, Player, Regional Association or Team.

Team(s): A team of Players playing basketball and representing a Club or BE.

Terrorism: An action that endangers or causes serious violence to a person/ people; causes serious damage to property; or seriously interferes or disrupts an electronic system. The use or threat must be designed to influence the government or to intimidate the public and is made for the purpose of advancing a political, religious or ideological cause.

The Association: Basketball England.

UK GDPR: Has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the DPA 2018.

UKAD: The UK’s national anti-doping organisation, which carries out the functions ascribed to such organisations in the WADA World Anti-Doping Code through implementation and management of the UK’s national anti-doping policy.

Unacceptable Behaviour: Behaviour  (which  may  involve  actions,  omissions, words, or communications - this includes threatening emails, telephone calls, meetings, and comments on social media or elsewhere) which cause or may cause distress or discomfort to another person. This may include, (without limitation), behaviour which is abusive, aggressive, degrading, derogatory, humiliating, insulting, or threatening as well as inappropriate humour, innuendos or malicious allegations.

Verbal Abuse: Verbal maltreatment of a Child or Adult at Risk.

Vexatious Complainant: Individuals who directly or indirectly raise a complaint without grounds and with little merit or substance and with the intention or effect of causing annoyance or disruption; or directly or indirectly is pursuing a complaint to an unreasonable degree or after appropriate procedures have been followed and exhausted.

Volunteer: An individual undertaking work for BE on a voluntary basis.

Vulnerability: Being susceptible to additional risks of harm or Abuse including but not limited to racism, radicalisation and in need of special care, support, or protection.

WADA: The World Anti-Doping Agency.

Website: The official website of BE.

Young Person/People: An individual under the age of 18.