STANDARD OF PROOF AND EVIDENCE

3.1 Unless otherwise described herein, the burden of proof shall be on the Designated Anti-Corruption Official (or his/her designee) and the standard of proof in all cases brought under this Anti-Corruption Code shall be whether the BCCI Disciplinary Committee is comfortably satisfied, bearing in mind the seriousness of the allegation that is being made, that the alleged offence has been committed. This standard of proof in all cases shall be determined on a sliding scale from, at a minimum, a mere balance of probability (for the least serious offences) up to proof beyond a reasonable doubt (for the most serious offences).

3.2 The BCCI Disciplinary Committee shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to an offence under this Anti-Corruption Code may be established by any reliable means, including admissions. The following rules of proof shall be applicable at hearings and in the proceedings generally:

3.2.1 The BCCI Disciplinary Committee shall have discretion to accept any decision of a court or professional disciplinary tribunal of competent jurisdiction that is not the subject of a pending appeal and in which certain facts are established as irrebuttable evidence against the Participant to whom the decision pertained of those facts, unless the Participant establishes that the decision violated principles of natural justice.

3.2.2 The BCCI Disciplinary Committee may draw an inference adverse to the Participant who is asserted to have committed an offence under this Anti-Corruption Code based on his/her failure or refusal, without compelling justification, after a request made in a reasonable time in advance of any hearing, to appear at the hearing (either in person or telephonically as directed by the BCCI Disciplinary Committee) and to answer any relevant questions.  

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