ARTICLE 10 SANCTIONS ON INDIVIDUALS


10.1 (Deliberately left blank)

10.2 Imposition of a Period of Ineligibility for the Presence, Use or Attempted Use, or Possession of Prohibited Substances and Prohibited Methods
The period of Ineligibility imposed for a violation of Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers in a Sample), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) or Article 2.6 (Possession of Prohibited Substances and Methods) that is the Cricketer or Cricketer Support Personnel’s first offence shall be two years, unless the conditions for eliminating or reducing the period of Ineligibility (as provided in Articles 10.4 and 10.5) or the conditions for increasing the period of Ineligibility (as provided in Article 10.6) are met.

10.3 Imposition of a Period of Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility imposed for anti-doping rule violations other than under Article 10.2:

10.3.1 For a violation of Article 2.3 (refusing or failing to submit to or otherwise evading Sample collection) or Article 2.5 (Tampering or Attempted Tampering with Doping Control) that is the Cricketer or Cricketer Support Personnel’s first offence, the period of Ineligibility imposed shall be two years, unless the conditions specified in Article 10.5 or in Article 10.6 are met.

10.3.2 For a violation of Article 2.4 (Filing Failures and/or Missed Tests) that is the Cricketer’s first offence, the period of Ineligibility imposed shall be at a minimum one year and at a maximum two years, depending upon the Cricketer’s degree of fault.

10.3.3 For a violation of Article 2.7 (Trafficking or Attempted Trafficking) or Article 2.8 (administration or Attempted administration of Prohibited Substance or Prohibited Method) that is the Cricketer or Cricketer Support Personnel’s first offence, the period of Ineligibility imposed shall be a minimum of four years up to lifetime Ineligibility unless the conditions provided in Article 10.5 are met; provided that:

10.3.3.1 an anti-doping rule violation involving a Minor shall be considered a particularly serious violation and, if committed by a Cricketer Support Personnel in relation to violations other than those involving Specified Substances, shall result in lifetime Ineligibility for such Cricketer Support Personnel; and

10.3.3.2 significant violations of Article 2.7 or 2.8 which also violate non-sporting laws or regulations shall be reported to the competent administrative, professional or judicial authorities.

10.4 Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances

10.4.1 Where a Cricketer can establish how a Specified Substance entered his/her body or came into his/her Possession or a Cricketer Support Personnel can establish how a Specified Substance came into his/her Possession and, in each case, that such Specified Substance was not intended to enhance the Cricketer’s sport performance or to mask the Use of a performance-enhancing substance, the period of Ineligibility established in Article 10.2 shall be replaced (assuming it is a first offence) with, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, a period of Ineligibility of two years.

10.4.2 To qualify for any elimination or reduction under this Article, the Cricketer or Cricketer Support Personnel must produce corroborating evidence in addition to his/her word that establishes, to the comfortable satisfaction of the Anti-Doping Tribunal, the absence of an intent to enhance sport performance or to mask the Use of a performance-enhancing substance.

10.5 Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances

10.5.1 No Fault or Negligence

If a Cricketer or Cricketer Support Personnel establishes in an individual case that he/she bears No Fault or Negligence in respect of the anti-doping rule violation in question, the otherwise applicable period of Ineligibility shall be eliminated. When the anti-doping rule violation is under Article 2.1 (presence of a Prohibited Substance or its Metabolites or Markers), the Cricketer must also establish how the Prohibited Substance entered his/her system in order to have the period of Ineligibility eliminated. In the event this Article is applied and the period of Ineligibility otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a violation for the limited purpose of determining the period of Ineligibility for multiple violations under Article 10.7.
10.5.2 No Significant Fault or Negligence

If a Cricketer or Cricketer Support Personnel establishes in an individual case that he/she bears No Significant Fault or Negligence in respect of the anti-doping rule violation in question, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than eight years. When the anti-doping rule violation is under Article 2.1 (presence of a Prohibited Substance or its Metabolites or Markers), the Cricketer must also establish how the Prohibited Substance entered his/her system in order to have the period of Ineligibility reduced.
10.5.3 Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations

10.5.3.1 In any individual case where a period of Ineligibility has been imposed, the BCCI or Anti-Doping Tribunal may suspend a part of that period of Ineligibility where the Cricketer or Cricketer Support Personnel has provided Substantial Assistance to the BCCI or the ICC or other anti-doping organisations, a criminal authority or a professional disciplinary body that results in the BCCI, the ICC or other anti-doping organisations discovering or establishing an anti-doping rule violation by another Person or that results in a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Person; provided that if the decision to suspend a part of the period of Ineligibility is made after a final appellate decision under Article 13 or the expiration of time to appeal, then the approval of WADA and the ICC is required for such suspension.

10.5.3.2 The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Cricketer or Cricketer Support Personnel and the significance of the Substantial Assistance provided by the Cricketer or Cricketer Support Personnel to the effort to eliminate doping in sport.

10.5.3.3 No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended under this Article 10.5.3. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than 8 years.

10.5.3.4 If the BCCI or Anti-Doping Tribunal suspends any part of the otherwise applicable period of Ineligibility under this Article, it shall promptly provide a written justification for its decision to WADA and to the ICC.

10.5.3.5 If the BCCI subsequently reinstates any part of the suspended period of Ineligibility because the Cricketer or other Person has failed to provide the Substantial Assistance that was anticipated, the Cricketer or Cricketer Support Personnel may appeal the reinstatement pursuant to Article 13.2.

10.5.4 Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence

Where a Cricketer or Cricketer Support Personnel voluntarily admits the commission of an anti-doping rule violation before having received either: (a) notification of a Sample collection that could establish an anti-doping rule violation (in the case of an anti-doping rule violation under Article 2.1), or (b) notification of the anti-doping rule violation (in the case of any other anti-doping rule violation), and that admission is the only reliable evidence of the violation at the time of admission, then the otherwise applicable period of Ineligibility may be reduced, but not by more than half.

10.5.5 Where a Cricketer or Other Person Establishes Entitlement to Reduction of Suspension in Sanction under More than One Provision of Article 10.5

Before applying any reduction or suspension under Articles 10.5.2, 10.5.3 or 10.5.4, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4 and 10.6. If the Cricketer or Cricketer Support Personnel establishes entitlement to a reduction or suspension of the period of Ineligibility under two or more of Articles 10.5.2, 10.5.3 or 10.5.4, then the period of Ineligibility may be reduced or suspended, but not below one-quarter of the otherwise applicable period of Ineligibility.

10.6 Aggravating Circumstances which May Increase the Period of Ineligibility

10.6.1 If the BCCIestablishes in an individual case involving an anti-doping rule violation other than violations under Article 2.7 (Trafficking or Attempted Trafficking) and 2.8 (Administration or Attempted Administration) that aggravating circumstances are present that justify the imposition of a period of Ineligibility greater than the standard period, then the period of Ineligibility otherwise applicable shall be increased up to a maximum of four years, unless the Cricketer or Cricketer Support Personnel can prove to the comfortable satisfaction of the Anti-Doping Tribunal that he/she did not knowingly commit the anti-doping rule violation.

10.6.2 A Cricketer or Cricketer Support Personnel can avoid the application of this Article by admitting the anti-doping rule violation promptly after being confronted with it by the BCCI.

10.7 Multiple Violations

In determining whether an anti-doping rule violation under these Rules is a first offence, not only previous anti-doping rule violations under these Rules but also previous anti-doping rule violations under other relevant rules (such as the ICC Code) will be counted.

10.7.1 Second Anti-Doping Rule Violation

For a second anti-doping rule violation, the period of Ineligibility shall be within the range set forth in the table below.

Second Violation

 

 

First Violation

RS

FFMT

NSF

St

AS

TRA

RS

1-4

2-4

2-4

4-6

8-10

10-life

FFMT

1-4

4-8

4-8

6-8

10-life

life

NSF

1-4

4-8

4-8

6-8

10-life

life

St

2-4

6-8

6-8

8-life

life

life

AS

4-5

10-life

10-life

life

life

life

TRA

8-life

life

life

life

life

life



Definitions for purposes of the second anti-doping rule violation table:

RS (Reduced sanction for Specified Substance under Article 10.4): The anti-doping rule violation was or should be sanctioned by a reduced sanction under Article 10.4 because it involved a Specified Substance and the other conditions under Article 10.4 were met.

FFMT (Filing Failures and/or Missed Tests): The anti-doping rule violation was or should be sanctioned under Article 10.3.2 (Filing Failures and/or Missed Tests).

NSF (Reduced sanction for No Significant Fault or Negligence): The anti-doping rule violation was or should be sanctioned by a reduced sanction under Article 10.5.2 because No Significant Fault or Negligence under Article 10.5.2 was established by the Cricketer or Cricketer Support Personnel.

St (Standard sanction under Articles 10.2 or 10.3.1): The anti-doping rule violation was or should be sanctioned by the standard sanction of two years under Article 10.2 or 10.3.1.

AS (Aggravated sanction): The anti-doping rule violation was or should be sanctioned by an aggravated sanction under Article 10.6 because the conditions set out in Article 10.6 were established.

TRA (Trafficking or Attempted Trafficking and administration or Attempted administration): The anti-doping rule violation was or should be sanctioned by a sanction under Article 10.3.3.
10.7.2 Application of Articles 10.5.3 and 10.5.4 to Second Anti-Doping Rule Violation

Where a Cricketer or Cricketer Support Personnel who has committed a second anti-doping rule violation establishes an entitlement to suspension or reduction of a portion of the period of Ineligibility under Article 10.5.3 or Article 10.5.4, the Anti-Doping Tribunal shall first determine the otherwise applicable period of Ineligibility within the range established in the table in Article 10.7.1, and then shall apply the appropriate reduction or suspension, provided that the remaining period of Ineligibility after such reduction or suspension must be at least one-quarter of the otherwise applicable period of Ineligibility.

10.7.3 Third Anti-Doping Rule Violation

A third anti-doping rule violation will always result in a lifetime period of Ineligibility, unless the third violation fulfills the conditions for elimination or reduction of the period of Ineligibility under Article 10.4 or involves a violation of Article 2.4 (Filing Failures and/or Missed Tests), in which case the period of Ineligibility imposed shall be from eight years to life.

10.7.4 Additional Rules for Certain Potential Multiple Violations

10.7.4.1 For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if the BCCI can establish that the Cricketer or Cricketer Support Personnel committed the second anti-doping rule violation after he/she received notice pursuant to Article 7, or after the BCCI made reasonable efforts to give such notice, of the first anti-doping rule violation. If the BCCI cannot establish this, the violations shall be considered together as one single first violation for sanctioning purposes, and the sanction imposed shall be based on the violation that carries the more severe sanction. However, the occurrence of multiple violations may be considered as a factor in determining aggravating circumstances under Article 10.6.

10.7.4.2 If, after the resolution of a first anti-doping rule violation, the BCCI discovers a second anti-doping rule violation by the Cricketer or Cricketer Support Personnel that occurred prior to notification of the first violation, then an additional sanction shall be imposed based on the sanction that could have been imposed if the two violations would have been adjudicated at the same time. Results in all Matches dating back to the earlier anti-doping rule violation will be Disqualified in accordance with Article 10.8. To avoid the possibility of a finding of aggravating circumstances under Article 10.6 on account of the earlier-in-time but later-discovered violation, the Cricketer or Cricketer Support Personnel must voluntarily admit the earlier anti-doping rule violation on a timely basis after notice of the violation for which he/she is first charged. The same rule shall also apply when the BCCI discovers facts involving another prior violation after the resolution of a second anti-doping rule violation.

10.7.5 Multiple Anti-Doping Rule Violations during an Eight-Year Period

Any prior anti-doping rule violation shall only be taken into account for purposes of Article 10.7 if it took place within a period of eight years prior to the anti-doping rule violation under consideration.

10.8 Disqualification of Individual Results Obtained in Matches Subsequent to Sample Collection or Commission of an Anti-Doping Rule Violation

In addition to the automatic Disqualification, pursuant to Article 9, of the Cricketer’s individual results obtained by the Cricketer’s individual p

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