ARTICLE 6 - STANDARD OF PROOF AND EVIDENCE

6.1 Unless otherwise described herein, the standard of proof in all cases brought under the Anti-Racism Code shall be whether the Commissioner is comfortably satisfied, bearing in mind the seriousness of the allegation that is 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).

6.2 The Commissioner shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to any alleged offence under the Anti-Racism Code may be established by any reliable means, including admissions. However, all statements, submissions and/or evidence made, heard or disclosed during any part of any conciliation process pursuant to Article 4.3, shall be so made, heard or disclosed strictly (unless the relevant party agrees) on a ‘without prejudice’ basis and used for the purposes of the conciliation process only. Accordingly, no such statements, submissions and/or evidence shall be adduced, given or accepted during any disciplinary hearing before the Commissioner without the express consent of the relevant party.

6.3 The Commissioner may draw an inference adverse to the Player or Team Official who is asserted to have committed an offence under the Anti-Racism Code based on his/her refusal, without compelling justification, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the Commissioner) and/or to answer any relevant questions.  

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