Very long post of my teams request for appeal with APA board
We will see how this goes, I will post the board's decision when it is handed down.
Request for appeal of sanctions against Brian Lipes player#13201450
Masters finals tournament assault in Fulton, NY on 6/26/11
My team wins to the finals match over the winner of the 3rd and 4th place team playoffs. My teammate Tom wins his first set 7 games to 6. The second set is an opposing team member JJ and myself. Here is my account of the harassment and physical assault that I was subjected to during the event. Three members of the opposing team were visably intoxicated after drinking for several hours, and were highly aggressive towards me during the event.
The match started off with a break speed lag into the end rail where my opponent JJ sent the cue ball five feet into the air, as a means of disrespecting me. I calmly said “9 ball, your break”. After a nice break and run by JJ I had a shot at the 8 to setup a win, easy.**He runs about half of the next rack and I am now running out with an easy 8 ball to a simple 9 ball. He's behind my shot, talking to his team in the doorway and burps as loud as he can on my backstroke. I miss the 8 ball and he finishes the rack. At this point I ask him to stop and just sit down and play pool.* Members of his team and their supporters harass me verbally. Comments are made about me being a female sexual reproductive organ about the effect their distractions had on me.
JJ breaks the third rack and doesn't make a ball. The harassment continues as I go to shoot and I say that I am going to take my first break and walk past his supporters into the other room. At this point JJ threatens me, Chad threatens me and a third member of the opposing team*threatens me bodily harm over a period of 15 minutes, where I do not respond in kind. This is witnessed by my teammates and the pool room owner Brian.*
Things calm down, Brian the room owner comes in to watch us play and referee a few calls.* Nothing more is said at all between JJ and I for the 30 minutes it takes me to win 7 games straight by a score of 7-2.* I go to shake his hand, he takes it then punches me in my rightt ear with his left hand as hard as he could.* I hold onto his right hand in our handshake, grab 3 of his left hand fingers with my left and ask him "Now what?".* Lou, my team captain separates him from me ashe attempts to knee me in the groin. At this point the other two aggressive players on the opposing team and a few supporters are also coming at me in a very hostile manner looking to physically assault me. My team captain Lou gets in between the mob and I ad says for everyone to stop. He has known the individuals for years and I do not know of them outside of this sessions play.*
JJ is taken aside by his wife and supporters and the remaing two aggressive opponents continue to threaten me serious bodily harm and eve death for another 15 minute period. Again I do not respond in kind. In fact when they cme within a foot of my face and say they will hit me I say, “ Just do it then.” Eventually, I say that I will call the police if this continues.* It continues and I then call the police.
*The third set starts and Lou Diaz wins the game that brings our team to 15 games, so the tournament is over.
The police arrive and diffuse the situation and I leave.
Please consider their motivations in this scenario.* Ask the room owner Brian to confirm that nothing was said between JJ and myself during the 30 minutes it took for me to win 7 games straight.* He certainly has no reason to lie.
Events following the Sunday harassment and assault
After my leaving the league operator Brad Rees came and spoke to members of the opposing team, the room owner and my teammates Tom and Lou. Immediately Mr. Rees rules that there will be a rematch of the 2nd and 3rd sets. My team objects. I contact him the following afternoon and he states that the rematches will be held at 6pm. We have always started play at 7pm the entire 14 weeks of the session. I tell him this and that I cannot get out of work until 6 pm and he tells me that I can play 2nd then.
Monday afternoon I send him copies of the APA policies regarding zero-tolerance for physical violence offense where the other team is forfeited. I then call him to explain that I did nothing to distract JJ and he lost 7 games straight , while getting two kick shots following my safeties. Obviously he could not have been sharked if he never had another makeable shot.
We learn Wednesday morning that no rematch will be held and the events of the evening will be under review. By now I learn that Brad is under the belief that I “must have done something to cause” the harassment ant physical abuse I was subjected to. This line of thought is akin to a classic rape defense where the victim is blamed for causing the assault. This logic is in direct contradiction to the following APA policies that state that there is no action that can warrant harassment or physical violence as being justified. Certainly no testimony was provided thus far that shows that Brian Lipes did anything to provoke the opposing team.
MATCH FORFEITURE
IMMEDIATE ACTION - If hostile physical contact occurs, THE
MATCH IS OVER! There are only two possibilities to consider: only one
team was guilty of hostile physical contact or both teams were guilty of hostile
physical contact. LEAGUE MANAGEMENT MUST EXERCISE ONE
OF THE FOLLOWING TWO OPTIONS:
a. Only one side was involved. In this case, the offending team loses all
points if it is a regular night of play on the weekly schedule, or loses the
team match if it is a Session Playoff or any kind of a tournament match.
The nonoffending team receives five points (75 points in 9-Ball) in the
case of a regular night of play, or advances to the next level in the event
of Session Playoffs or some sort of tournament play.
*
League Management has no alternative other than to enforce one of the above two
options. When considering the above options, League Management cannot
consider who started it, nor can League Management consider that the retaliation, if
it occurred, was justified. The only way both teams can avoid the same penalty is
for one of the teams to refuse to retaliate no matter what provocation they may have
to endure.
SUSPENSION
League Management must take action against any members involved
in physical contact violations, no matter how remotely League related
they are. It is not acceptable for a couple of members to take their fight
outside, or to agree to meet and fight it out at a later date. If, indeed,
they do fight at a later date and League Management determines it was
as a result of League play, then League Management must take action.
This action would be in the form of follow-up action. A fight that occurs
outside, but during League time, will be considered to be the same as one
that occurred inside. If a player threatens to wait outside until the match is
over, League Management should rule that the entire team match is
forfeited. How can a player and his teammates possibly concentrate on
finishing a match if they feel they will be facing a brawl later on? In other
words, a threat could be treated as physical contact in terms of immediate
action. There is certainly room for a lot of judgment in this area.
Follow-up action by League Management results in penalties such as probation,
suspension and permanent termination of League and APA membership. The
latitude of these penalties is left mainly up to League Management, but the
following guidelines should be observed:
a. To any person who starts a fight or brawl—permanent termination
of League and APA membership.
By Friday evening our team learns that the local board has decided to not allow me to play in the Masters Championhip. This is without my having ever been acccused of any infraction and not been given any opportunity to rebut any of the allegations brought upon by the opposing team who has obvious motivations for retribution because of the severe mandatory penalties that were placed upon them.
Appeal to dismiss the decision to bar Brian Lipes from playing in the Masters Championship in Las Vegas
The grounds of our appeal are as follows:
1) League operator did not allow our team the opportunity to hear the accusations brought against me at the board
2) I was not allowed to rebut any of the charges brought against me by my accusers, the same individuals who threatened me bodily harm, even threatened to kill me for upwards of 40 minutes in total
3) League operator immediately sided with his friends and business associate who helps him run half of his franchise and*is a member of the other team. First by ruling that we must have a rematch, which was completely incongruent with APA mandatory sanctions. Then by targeting me for sanctioning without cause
4) Mr. Rees denied me anything that would resemble a fair hearing by
*a) his refusing to allow me to present relevant testimony and supporting statements from impartial witnesses or members of my team who were present during the event
b)failing to communicate with me regarding my concerns, while all the while conversing with the offending team
c) never once asking if I were okay, injured ect.
d)*all the while talking with members of the opposing team and their wives, friends and whoever else could be found to bear false witness against me
5) Foremost, that Brian Lipes never did anything to cause or justify the harassment and physical aggression he endured and therby should not be sanctioned in any way
*
Closing arguments
When Mr. Rees made me aware of his ruling Friday evening he explained that " I must have done something" to make JJ hit me.*He still did not provide me with any description of any infraction that I accused of. The three individuals on the opposing team who harassed and physically assaulted me were all visibly intoxicated. This was attested to by the room owner who served them and all members of my team. Their motivations for seeking retribution against me were obvious, but Mr. Rees seemed to be completely unaware of them.
It is absurd that your league operator and his board of supporters from the county where these individuals reside could find a way to further victimize me, but they have.* Not only have I been wronged, but the 2 members of my team are now left to decide, to either not go to the Masters Championship or go without me. We essentially have a 3 player team because our 4th member is out of town for business the past 11 weeks and likely will not attend the Vegas event. If they play with just 2 players they will be crippled and have no chance of winning, forfeiting the 3rd set as needed. They were told they could pick a substitute. We have no readily available member and they feel their best chance to win is with the team as it was, with me on the roster.*
*
I am disgusted with the manner in which the APA league operator has handled this situation than the 3 drunken individuals who at least were honest in their intention to harm me.* First in his initial decision to hold a rematch which was completely incongruent with APA zero-violence policy.* He made this decision for the obvious benefit of giving the opposing team another opportunity because he is aligned with them. What kind of logic is it to punish me solely on the words of my aggressive drunken accusers, without permitting my team's rebuttal and make the conclusion that I "must have done something to make*my opponent hit me".
*
Meanwhile Mr. Rees tells me that no decision was made regarding how the 2 individuals who threatened me for over 30 minutes in total will be sanctioned.* I suppose since they are affiliated with Mr. Rees nothing will come of it.* Is there a continuation board meeting to decide this? What more do you need to make a ruling?* Is my saying they did this and my witnesses saying this not good enough to make a decision? It is readily apparent that*their lies and exaggerations about*were*sufficient enough to sanction me.**Clearly he is unwilling to punish his friends for far worse offenses than I was ever*accused of.*Mr. Rees could not make the right and just decision here because he would lose face with his friends on the opposing team and jeopardize financial gains he may lose with his*business associate on that team or players within that county.**
*
I am hopeful that my appeal will be given fair consideration.* Please expedite this decision as the final date to submit our team roster is July 14th. Please contact me as needed to discuss this appeal.
Thank you in advance for your consideration
