Anti Corruption Policy
INVESTIGATIONS AND NOTICE OF CHARGE
4.2 The Designated Anti-Corruption Official (or his/her designee) may conduct investigations into the activities of any Participant who he/she believes may have committed an offence under this Anti-Corruption Code. Such investigations may be conducted in conjunction with, and information obtained in such investigations may be shared with, the ICC and/or other National Cricket Federations and/or other relevant authorities (including criminal justice, administrative, professional and/or judicial authorities) and all Participants must cooperate fully with such investigations. The Designated Anti-Corruption Official (or his/her designee) shall have discretion, where he/she deems appropriate, to stay his/her own investigation pending the outcome of investigations being conducted by the ICC and/or other National Cricket Federations and/or other relevant authorities.
4.3 As part of any such investigation, if the Designated Anti-Corruption Official (or his/her designee) reasonably suspects that a Participant (or a third party whose actions may be imputed to the Participant) has committed an offence under this Anti-Corruption Code, he/she may make a written demand to such Participant (a “Demand”) to furnish to him/her with any information that is reasonably related to the alleged offence, including, without limitation: (a) copies or access to all records relating to the alleged offence (such as telephone records, Internet services records and/or other records stored on computer hard drives or other information storage equipment); and/or (b) a written statement made by the Participant setting out in detail all of the facts and circumstances of which the Participant is aware with respect to the alleged offence. Provided that any such Demand has been issued in accordance with this Article 4.3, the Participant shall cooperate fully with such Demand, including by furnishing such information within such reasonable period of time as may be determined by the Designated Anti-Corruption Official (or his/her designee), which in any event, should be no earlier than seven days after the Player’s or Player Support Personnel’s receipt of the Demand. Where appropriate, the Participant may seek an extension of such deadline by providing the Designated Anti-Corruption Official (or his/her designee) with cogent reasons to support an extension, provided that the decision to grant or deny such extension shall be at the ultimate discretion of the Designated Anti-Corruption Official (or his/her designee), acting reasonably at all times.
4.4 Any information furnished to the Designated Anti-Corruption Official (or his/her designee) (whether as part of an investigation or pursuant to a specific Demand) will not be used for any reason other than pursuant to this Anti-Corruption Code and will be kept strictly confidential except when:
4.4.1 it becomes necessary to disclose such information in support of a charge of an offence under this Anti-Corruption Code;
4.4.2 such information is required to be disclosed by any applicable law;
4.4.3 such information is already published or a matter of public record, readily acquired by an interested member of the public, or disclosed according to the rules and regulations governing the relevant Match or Event; and/or
4.4.4 such information may also amount to evidence of infringements of other applicable laws or regulations (in which case the Designated Anti-Corruption Official (or his/her designee) may share such information with the competent authorities -- including the ICC, other National Cricket Federations and/or any applicable police, taxation, fraud, criminal intelligence or other authorities -- whether pursuant to formal information-sharing agreements with such authorities or otherwise).
4.5 Where, following an investigation, the Designated Anti-Corruption Official (or his/her designee) determines that there is a case to answer under Article 2, then the Participant shall be sent written notice of the following (the “Notice of Charge”), :
4.5.1 that the Participant has a case to answer under Article 2;
4.5.2 the specific offence(s) that the Participant is alleged to have committed;
4.5.3 details of the alleged acts and/or omissions relied upon in support of the charge;
4.5.4 the range of sanctions applicable under this Anti-Corruption Code if it is established that the Participant has committed the offence(s) charged;
4.5.5 (where applicable) the matters relating to Suspension specified at Article 4.6; and
4.5.6 the matters relating to responding to a Notice of Charge specified at Article 4.7.
4.6.1 Where the Director ACU (or his/her designee) decides (a) that there is a strong, arguable case against the Participant on the allegations that are made against him/her, and (b) that, in such circumstances, the integrity of the sport could otherwise be seriously undermined, to Suspend the Participant pending the Anti-Corruption Disciplinary Committee's determination of whether he/she has committed an offence. The Director ACU (or his/her designee) will notify the Participant of the Suspension.
4.6.2 Where a full hearing under Article 5 has not been convened within three (3) months of the imposition of a Suspension, the Participant shall be entitled to apply to the Chairman of the BCCI Disciplinary Committee (sitting alone) to lift the Suspension. If such an application is made, it shall be the burden of the Designated Anti-Corruption Official (or his/her designee) to establish that there is/remains (a) a strong, arguable case against the Player or the Player Support Personnel on the allegation(s) that have been made against him/her; and (b) a risk that the integrity of the sport could be seriously undermined if the Suspension was lifted. The Chairman of the BCCI Disciplinary Committee shall have discretion to determine the procedure for considering such application as he considers appropriate provided that the Participant is afforded a fair and reasonable opportunity to present evidence, address the Chairman of the BCCI Disciplinary Committee and present his/her case.
4.6.3 No Participant who is the subject of any Suspension may, during the period of any Suspension, play, coach or otherwise participate or be involved in any capacity in any Match or any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by the BCCI, the ICC, another National Cricket Federation or any member of a National Cricket Federation. The ICC and other National Cricket Federations will be entitled to give effect to and enforce this Article 4.6.3 in their respective geographical jurisdictions.
4.7 Responding to a Notice of Charge
4.7.1 The Notice of Charge shall specify that, if the Participant wishes to exercise his/her right to a hearing before the BCCI Disciplinary Committee, he/she must submit a written request for such a hearing so that it is received by the Designated Anti-Corruption Official (or his/her designee) as soon as possible, but in any event within fourteen (14) days of the receipt by the Participant of the Notice of Charge. The request must also state how the Participant responds to the charge(s) and must explain (in summary form) the basis for such response.
4.7.2 If the Participant fails or refuses to file a written request for a hearing before the BCCI Disciplinary Committee by the deadline specified in Article 4.7.1 (or by any extended deadline that the Designated Anti-Corruption Official (or his/her designee) deems appropriate), then he/she shall be deemed to have:
18.104.22.168 waived his/her entitlement to a hearing;
22.214.171.124 admitted that he/she has committed the offence(s) under this Anti-Corruption Code specified in the Notice of Charge; and
126.96.36.199 acceded to the range of applicable sanctions specified in the Notice of Charge.
In such circumstances, a hearing before the BCCI Disciplinary Committee shall not be required. Instead, the BCCI Disciplinary Committee shall promptly consider the evidence (as well as any submissions made by the Designated Anti-Corruption Official), make a determination and issue a public decision confirming the offence(s) under this Anti-Corruption Code specified in the Notice of Charge and the imposition of an applicable sanction within the range specified in the Notice of Charge.
4.7.3 Where the Participant does request a hearing in accordance with Article 4.7.1, the matter shall proceed to a hearing in accordance with Article 5.