ARTICLE 7 RESULTS MANAGEMENT

7.1 Responsibility for Results Management The BCCI shall be responsible for results management and the investigation of potential anti-doping rule violations pursuant to the Rules.

7.2 Results Management for Adverse Analytical Findings

7.2.1 Upon receipt of an Adverse Analytical Finding in respect of an A Sample, the BCCI shall refer the matter to the Review Board, which shall conduct a review to determine whether:

7.2.1.1 the Adverse Analytical Finding is consistent with an applicable TUE; or

7.2.1.2 there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.

7.2.2 If the initial review of the Adverse Analytical Finding reveals that either: (a) the Adverse Analytical Finding is consistent with an applicable TUE; or (b) there has been an apparent departure from either the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the BCCI shall notify the Cricketer, the ICC and WADA of that fact, and (subject to the rights of appeal set out in Article 13) the matter shall not proceed any further,

7.2.3 If the initial review of an Adverse Analytical Finding does not reveal that: (a) the Adverse Analytical Finding is consistent with an applicable TUE; or (b) there has been an apparent departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the Anti-Doping Manager shall promptly send the Cricketer written notice, copied to WADA and the ICC the SCA and/or IPL franchise, of the following (the “Notice of Charge”):

7.2.3.1 that the Cricketer has a case to answer under Article 2;

7.2.3.2 details of the anti-doping rule violation(s) that the Cricketer is alleged to have committed, including details of the Adverse Analytical Finding and a copy of the laboratory documentation package supporting such Adverse Analytical Finding;

7.2.3.3 of the Cricketer’s rights in respect of the analysis of the B Sample:

(a) The Cricketer shall have the right: (i) to have the laboratory analyse the B Sample to confirm the Adverse Analytical Finding in respect of the A Sample; and (ii) to attend at the laboratory (personally and/or through a representative, but at his/her own cost) to witness the opening and analysis of the B Sample. The BCCI and the ICC may also be represented at the B Sample analysis.

(b) The Notice of Charge may specify that the analysis of the B Sample will go ahead in any event, or it may require the Cricketer to advise the BCCI by a specified deadline if he/she wants the B Sample analysis to go ahead. In the latter case, the Notice of Charge shall warn the Cricketer that, failing such request, the Cricketer will be deemed to have waived his/her right to analysis of the B Sample analysis, and to have accepted the accuracy of the Adverse Analytical Finding in respect of the A Sample.

(c) The Notice of Charge shall specify the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories), if it is to go ahead. There shall be no right to an adjournment of the date scheduled for analysis of the B Sample. Instead, any such adjournment shall be at the absolute discretion of the BCCI.

In the event that neither the Cricketer nor any representative of the Cricketer attends the B Sample analysis, the laboratory shall appoint an independent witness, in accordance with the International Standard for Laboratories, to verify that the B Sample container shows no signs of tampering and that the identifying numbers correspond to those on the collection documentation.

7.2.3.4 the Consequences applicable under the Rules if it is established that the Cricketer has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the Rules);

7.2.3.5 (where applicable) the matters relating to Provisional Suspension specified at Article 7.6; and

7.2.3.6 the matters specified at Article 7.7.

7.2.4 If the B Sample is analysed and the Adverse Analytical Finding in respect of the A Sample is not confirmed, then (unless the BCCI charges the Cricketer with an anti-doping rule violation under Article 2.2) the entire test shall be considered negative and the Cricketer, WADA and the ICC shall be so informed. In such circumstances, the proceedings instituted against the Cricketer shall be discontinued, and any Provisional Suspension previously imposed shall be deemed vacated with immediate effect.

7.2.5 If the analysis of the B Sample confirms the Adverse Analytical Finding in respect of the A Sample to the satisfaction of the BCCI, the findings shall be reported to the Cricketer, WADA and the ICC, SCA and/or IPL franchise and the matter shall subject to Article 7.7 proceed to a hearing in accordance with Article 8.

7.3 Results Management for Atypical Findings

7.3.1 As provided in the International Standards, in certain circumstances where a Prohibited Substance that may be produced endogenously is detected in a Sample, laboratories are directed to report the presence of such substance as an Atypical Finding that should be investigated further.

7.3.2 If a laboratory reports an Atypical Finding in respect of a Sample collected pursuant to the Rules, the BCCI shall refer that finding to the Review Board, which shall conduct a review to determine whether: (a) the Atypical Finding is consistent with an applicable TUE; or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Finding.

7.3.3 If the initial review of an Atypical Finding under Article 7.3.2 reveals either: (a) that the Atypical Finding is consistent with an applicable TUE; or (b) that there is an apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Finding, the BCCI shall notify the Cricketer, WADA and the ICC and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.

7.3.4 If the initial review of an Atypical Finding under Article 7.3.2 does not reveal that the Atypical Finding is consistent with an applicable TUE or a departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the BCCI shall conduct any follow-up investigation that may be required by the International Standards. Once that investigation is completed, the results will be referred to the Review Board. If the Review Board concludes that the Atypical Finding should be considered an Adverse Analytical Finding, the BCCI shall pursue the matter in accordance with Article 7.2.3. If not, the BCCI shall so inform the Cricketer, WADA and the ICC and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.

7.3.5 Pending the outcome of the investigation, the BCCI will keep the Atypical Finding confidential, unless one of the following circumstances exists:

7.3.5.1 If the BCCI determines the B Sample should be analysed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Cricketer, with such notice to include a description of the Atypical Finding and the information described in Article 7.2.3.3.
7.3.5.2 If the BCCI receives a request from the ICC to identify the Cricketer in respect of which an Atypical Finding has been made, the BCCI shall identify the Cricketer to the ICC after first providing notice of the Atypical Finding to the Cricketer.

7.4 Results Management for Whereabouts Violations

7.4.1 Where a Cricketer in the National Registered Testing Pool fails to file the whereabouts information required by the “whereabouts” regulations issued by the BCCI pursuant to Article 5.3.2.1, or fails to make him/herself available for Testing at such whereabouts at the instance of the BCCI, the file will be referred to the Review Board to determine whether, according to the criteria set out in those regulations, the Cricketer has committed a Filing Failure or a Missed Test (as applicable).

7.4.2 Where the Review Board determines that a Cricketer in the National Registered Testing Pool has committed three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, an 18-month period, the Anti-Doping Manager shall promptly send the Cricketer a written Notice of Charge (copied to WADA and the ICC), advising the Cricketer:

7.4.2.1 that the Cricketer has a case to answer under Article 2.4;

7.4.2.2 of the alleged facts on which the charge is based, i.e., detailing the Filing Failures and/or Missed Tests alleged, and providing copies of any relevant documentation;

7.4.2.3 (where applicable) of the matters relating to Provisional Suspension specified at Article 7.6; and

7.4.2.4 of the matters specified at Article 7.7.

7.5 Investigations

7.5.1 The BCCI may conduct investigations in whatever manner it thinks fit into the activities of any Cricketer or Cricketer Support Personnel that the BCCI believes may have committed an anti-doping rule violation. Such investigations may be conducted in conjunction with, and/or information obtained in such investigations may be shared with, other relevant authorities. The BCCI shall have discretion, where it deems appropriate, to stay its own investigation pending the outcome of investigations being conducted by other relevant authorities.

7.5.2 In the event a Cricketer or Cricketer Support Personnel knows or suspects that any other Cricketer or Cricketer Support Personnel has committed an anti-doping rule violation, the Cricketer must report such knowledge or suspicion to the Anti-Doping Manager as soon as possible. A Cricketer or Cricketer Support Personnel shall have a continuing obligation to report any new knowledge or suspicion regarding any anti-doping rule violation to the Anti-Doping Manager, even if the Cricketer’s or Cricketer Support Personnel’s prior knowledge or suspicion has already been reported.

7.5.3 Cricketers and Cricketer Support Personnel must cooperate fully with investigations conducted pursuant to this Article 7.5.

7.5.3.1 If the Anti-Doping Manager believes that a Cricketer or Cricketer Support Personnel may have committed an anti-doping rule violation, the Anti-Doping Manager may make a written demand to such Cricketer or Cricketer Support Personnel (a “Demand”) to furnish to the Anti-Doping Manager any information regarding the alleged anti-doping rule violation, including, without limitation, a written statement setting forth the facts and circumstances with respect to the alleged anti-doping rule violation; provided that the Review Board has agreed with the Anti-Doping Manager that there is a good faith basis for the Demand. The Cricketer or Cricketer Support Personnel shall furnish such information within seven business days of the making of such Demand, or within such other time as may be set by the Anti-Doping Manager. Any information furnished to the Anti-Doping Manager shall be kept confidential except when it becomes necessary to disclose such information in furtherance of the prosecution of an anti-doping rule violation, or when such information is reported to administrative, professional, or judicial authorities pursuant to an investigation or prosecution of non-sporting laws or regulations.

7.5.3.2 Each Cricketer or Cricketer Support Personnel waives and forfeits any rights, defences and privileges provided by any law in any jurisdiction to withhold information requested by the Anti-Doping Manager pursuant to a Demand. If a Cricketer or Cricketer Support Personnel fails to produce such information, his/her eligibility to participate (or to assist in a Cricketer’s participation) in Matches may be withdrawn, and he/she may be denied accreditation and access to Matches, pending compliance with the Demand.

7.5.4 Where any Cricketer or Cricketer Support Personnel fails to comply with any of the obligations set out in Articles 7.5.2 or 7.5.3, without prejudice to any other Consequences that may be imposed against him/her under the Rules in relation to any alleged anti-doping rule violation(s), the BCCI may impose such sanction on the Cricketer or Cricketer Support Personnel as it considers appropriate, having due regard to the circumstances of such failure.

7.5.5 Where, as the result of an investigation under this Article 7.5, the BCCI forms the view that an anti-doping rule violation may have been committed, the BCCI shall refer the matter to the Review Board, to determine whether there is a case to answer.

7.5.6 If the Review Board determines that the Cricketer or Cricketer Support Personnel has a case to answer under Article 2, the Anti-Doping Manager shall promptly send the Cricketer or Cricketer Support Personnel a written Notice of Charge (copied to WADA and the ICC), advising the Cricketer:

7.5.6.1 that the Cricketer or Cricketer Support Personnel has a case to answer under Article 2 (specifying which particular anti-doping rule violation is alleged to have been committed);

7.5.6.2 of the facts upon which the case to answer is based, including providing copies of any relevant documentation;

7.5.6.3 (where applicable) of the matters relating to Provisional Suspension specified at Article 7.6; and

7.5.6.4 of the matters specified at Article 7.7.

7.6 Provisional Suspension

7.6.1 If analysis of an A Sample results in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 7.2.1 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the BCCI shall Provisionally Suspend the Cricketer pending the Anti-Doping Tribunal’s determination of whether he/she has committed an anti-doping rule violation. Such Provisional Suspension will come into effect automatically on the date specified by the BCCI in the Notice of Charge.

7.6.2 In the case of any Notice of Charge not covered by Article 7.6.1 (for example, if the charge is based on an Adverse Analytical Finding for a Prohibited Substance that is a Specified Substance), the BCCI may Provisionally Suspend the Cricketer or Cricketer Support Personnel pending the Anti-Doping Tribunal’s determination of whether he/she has committed an anti-doping rule violation. Any Provisional Suspension imposed will come into effect automatically on the date specified by the BCCI in the Notice of Charge.

7.6.3 Where a Provisional Suspension is imposed, whether pursuant to Article 7.6.1 or Article 7.6.2, the Cricketer or Cricketer Support Personnel shall be given the right to apply, either immediately (i.e. before the Provisional Suspension comes into force) or at any time prior to a full hearing convened in accordance with Article 8, showing cause why the Provisional Suspension should not be imposed (or, where it has been imposed, why it should be lifted). The application shall be heard at a Provisional Hearing; provided that if the Cricketer or Cricketer Support Personnel (a) applies for an order that the Provisional Suspension not be imposed before the Provisional Suspension comes into effect under Article 7.6.1 or 7.6.2, then the Provisional Suspension shall not come into effect pending the decision on the application; or (b) does not apply for an order before the Provisional Suspension comes into effect under Article 7.6.1 or 7.6.2, but makes an application after that date for the Provisional Suspension to be lifted, the Provisional Suspension shall remain in place pending the decision on the application. Where the Cricketer or Cricketer Support Personnel challenges the imposition of a Provisional Suspension at a Provisional Hearing, the only grounds of challenge (which it shall be his/her burden to establish) shall be the following:

7.6.3.1 the charge(s) has/have no reasonable prospect of being upheld, e.g., because of a patent flaw in the case against him/her; or

7.6.3.2 the Cricketer or Cricketer Support Personnel has a strong arguable case that he/she bears No Fault or Negligence for the anti-doping rule violation(s) charged, so that any period of Ineligibility that might otherwise be imposed for such a violation is likely to be completely eliminated by application of Article 10.5.1; or

7.6.3.3 some other facts exist that make it clearly unfair, in all of the circumstances, to impose a Provisional Suspension prior to a full hearing on the merits of the charge(s) against the Cricketer or Cricketer Support Personnel. This ground is to be construed narrowly, and applied only in truly exceptional circumstances. For example, the fact that the Provisional Suspension would prevent the Cricketer participating in a particular Match shall not qualify as exceptional circumstances for these purposes.

7.6.4 If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and subsequent analysis of the B Sample analysis does not confirm that Adverse Analytical Finding, then the Provisional Suspension shall be lifted and the Notice of Charge shall be withdrawn.

7.6.5 During the period of any Provisional Suspension, a Cricketer or Cricketer Support Personnel may not play, coach or otherwise participate or be involved in any capacity in any Match or any other function, event or activity that is authorised, organised, sanctioned, recognised or supported in any way by the BCCI or by any organisation that is a member of, or affiliated to, or licensed by the BCCI. Without prejudice to the generality of the foregoing, the Cricketer or Cricketer Support Personnel may not be given accreditation for, or otherwise granted access to, any Match or any other function, event or activity to which access is controlled by the BCCI or by any organisation that is a member of, or affiliated to, or licensed by the BCCI, and any accreditation previously issued to that Cricketer or Cricketer Support Personnel shall be withdrawn.

7.7 Responding to the Notice of Charge

7.7.1 A Notice of Charge sent to a Cricketer in accordance with Article 7.2.3 or Article 7.4.5 or to a Cricketer or Cricketer Support Personnel in accordance with Article 7.5.6 shall also specify that, if the Cricketer or Cricketer Support Personnel wishes to exercise his/her right to a hearing before the Anti-Doping Tribunal (whether on the merits of the charge or on Consequences or both), he/she must submit a written request for such a hearing so that it is received by the Anti-Doping Manager as soon as possible, but in any event within twenty one (21) days of the receipt by the Cricketer or Cricketer Support Personnel of the Notice of Charge. The request must also state how the Cricketer or Cricketer Support Personnel responds to the charge(s) and must explain (in summary form) the basis for such response.,

7.7.2 If the Cricketer or Cricketer Support Personnel fails to file a written request for a hearing before the Anti-Doping Tribunal in accordance with Article 7.7.1 by the deadline specified in that Article, then the Cricketer or Cricketer Support Personnel shall be deemed:

7.7.2.1 to have waived his/her entitlement to a hearing;

7.7.2.2 to have admitted that he/she has committed the anti-doping rule violation(s) specified in the Notice of Charge; and

7.7.2.3 to have acceded to the Consequences specified in the Notice of Charge.
In such circumstances, a hearing before the Anti-Doping Tribunal shall not be required. Instead, the BCCI shall promptly issue a public decision confirming the commission of the anti-doping rule violation(s) specified in the Notice of Charge and the imposition of the Consequences specified in the Notice of Charge.

7.7.3 Where the Cricketer or Cricketer Support Personnel does request a hearing in accordance with Article 7.7.1, the matter shall proceed to a hearing in accordance with Article 8. 

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