Anti Racism Policy
ARTICLE 5 - THE DISCIPLINARY PROCEDURE
Where a matter proceeds to a hearing under Article 4.5.2 or 4.5.3, then the case shall be referred to the Commissioner for adjudication in accordance with the following procedure:
5.1.1 As soon as reasonably possible, BCCI shall appoint one person from the Commission to sit as the Commissioner to hear the case sitting alone prior to which it shall constitute the Commission if this has not occurred. The person appointed as the Commissioner shall have had no prior involvement with the case.
5.1.2 Subject to the discretion of the Commissioner to order otherwise for good cause shown by the Player or Team Official, the hearing will take place at the time specified in the Notice of Charge (which should, in the absence of exceptional circumstances, be no more than forty-eight (48) hours after receipt by the Player or Team Official of the Notice of Charge) in Mumbai unless the Commissioner decides otherwise. For the avoidance of doubt, nothing in this Article 5.1.2 prevents a hearing from being convened at a time during which the Match during which the alleged offence took place, remains in progress.
5.1.3 The procedure followed at the hearing shall be at the discretion of the Commissioner, provided that the hearing is conducted in a manner which offers the Player or Team Official with a fair and reasonable opportunity to present evidence (including the right to call and to question witnesses by telephone or video-conference where necessary), address the Commissioner and present his/her case. For the avoidance of any doubt, in accordance with Article 6.2, unless the relevant party agrees otherwise, no evidence shall be adduced, given or accepted during any hearing before the Commissioner in relation to anything that may have been said or disclosed during any part of any ‘without prejudice’ conciliation process carried out pursuant to Article 4.3.
5.1.4 The hearing before the Commissioner shall be in English, and certified English translations shall be submitted of any non-English documents put before the Commissioner. The cost of the translation shall be borne by the party offering the document(s). If required by the Commissioner (at his/her discretion), BCCI shall make arrangements to have the hearing recorded or transcribed. If requested by the Player or Team Official, BCCI shall also arrange for an interpreter to attend the hearing. Such costs of transcription and interpretation shall be paid by BCCI.
5.1.5 Where video evidence of the alleged offence is available at the hearing before the Commissioner, then it may be relied upon by any party, provided that all other parties shall have the right to make such representations in relation to it that they may see fit.
5.1.6 Unless exceptional circumstances apply, each of the following individuals must attend any hearing before the Commissioner: (a) the Player or Team Official who has been charged with the alleged offence; (b) the person who lodged the Report (or, in the case of the BCCI Honorary Secretary (at his/her discretion), his/her representative/nominee); and (c) a representative of the BCCI’s Legal Department (or another lawyer duly authorised to attend by the IPL Chief Operating Officer). Where any such individual has a compelling justification for his/her non-attendance, then they shall be given the opportunity to participate in the hearing before the Commissioner by telephone or video conference (if available). Without prejudice to the Player or Team Official’s ability to call and to question such witnesses as may be necessary and/or to be represented by such other person of his/her own choosing pursuant to Article 5.1.7, one of the Captain, Vice-Captain or Team Manager of the Team that the Player or Team Official represents may also attend a hearing before the Commissioner to provide additional support and assistance to the Player or Team Official.
5.1.7 Each of the individuals described in Article 5.1.6(a) and (b) shall have the right (at his/her or its own expense) to be represented at the hearing before the Commissioner by such representative (including legal counsel) of his/her or its own choosing. Where the person lodging the Report is an Umpire or Match Referee that officiated in the Match in question or the BCCI Honorary Secretary, then such person shall be entitled to be represented prior to, and during, the hearing (if he/she considers necessary) by a representative of the BCCI’s Legal Department (or another lawyer duly authorised to attend by the IPL Chief Operating Officer).
5.1.8 The non-attendance of the Player or Team Official or his/her representative at the hearing, after proper notice of the hearing has been provided, shall not prevent the Commissioner from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
5.1.9 At the end of a hearing, where the Commissioner considers that further evidence is necessary or further time is required to consider the evidence that has been presented, he/she shall adjourn the hearing for an appropriate period of time and make such directions as may be necessary.
5.1.10 Alternatively, at the end of a hearing:
184.108.40.206 brought under Article 4.5.2:
(a) as soon as possible after the conclusion of the hearing (and, in the absence of unforeseen circumstances no later than twenty-four (24) hours thereafter), the Commissioner will confirm the Player or Team Official’s admission that he/she had committed an offence under the Anti-Racism Code and announce his/her decision in writing, with reasons, setting out: (a) what sanctions, if any, are to be imposed; (b) that any period of suspension shall come into force with immediate effect; and (c) any rights of appeal that may exist pursuant to Article 8;
220.127.116.11 brought under Article 4.5.3 (or where the Player or Team Official has failed to respond in a timely fashion to the Notice of Charge):
(a) the Commissioner shall adjourn the hearing (for a period of no less than ten (10) minutes and no more than two (2) hours), following which he/she will reconvene the hearing and verbally announce his/her finding as to whether an offence under the Anti-Racism Code has been committed;
(b) where the Commissioner determines that an offence under the Anti-Racism Code has been committed, the Player or Team Official may request a short adjournment (of no more than thirty (30) minutes) to prepare any submissions that he/she might wish to make in relation to the appropriate sanction that ought to be applied; and
(c) as soon as possible after the conclusion of the hearing (and, in the absence of unforeseen circumstances, no later than twenty-four (24) hours thereafter), the Commissioner will announce his/her decision in writing, with reasons, setting out: (a) the finding as to whether an offence under the Anti-Racism Code had been committed; (b) what sanctions, if any, are to be imposed; (c) that any period of suspension shall come into force with immediate effect; and (d) any rights of appeal that may exist pursuant to Article 8.
5.1.11 The Commissioner shall have the discretion to announce the substance of his/her decision prior to the issue of the written reasoned decision referred to in Article 5.1.10.
5.1.12 A copy of the written reasoned decision will, as soon as practicable be provided to the Player or Team Official, the Team Manager of the relevant Team and the BCCI Honorary Secretary.
5.1.13 Subject only to the rights of appeal under Article 8, the Commissioner’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties.
5.2 Where a Report is filed by more than one of the individuals described in Article 3.1 in relation to the same alleged offence under the Anti-Racism Code, then the Player or Team Official alleged to have committed the offence will only be served with one Notice of Charge in accordance with the procedures set out in Article 4. However, all persons who filed a Report (or, in the case of the BCCI Honorary Secretary and (at his/her discretion) his/her representative nominee) in relation to the alleged offence are required to attend the hearing before the Commissioner unless there is a compelling justification for his/her non-attendance, in which case they shall be given the opportunity to participate in the hearing by telephone or video conference (if available).
5.3 Where two or more Players or Team Officials are alleged to have committed offences under the Anti-Racism Code, they may both be dealt with at the same hearing where the proceedings arise out of the same incident or set of facts, or where there is a clear link between separate incidents.
5.4 Where a Player or Team Official is alleged to have committed more than one breach of the Anti-Racism Code during, or in relation to, the same Match, then all of the alleged offences may be dealt with at the same hearing.
5.5 Any failure or refusal by any Player or Team Official to provide assistance to a Commissioner in connection with any charge made pursuant to this Anti-Racism Code may constitute a separate offence (depending upon the seriousness and context of such failure or refusal) under Articles 2.1.8, 2.2.11, 2.3.3 or 2.4.4 of the Code of Conduct.
5.6 Where a Commissioner is, or becomes unwilling or unable to hear a case (for example, where he/she finds him/herself in a position of conflict), then the BCCI Honorary Secretary shall have the discretion to appoint another member of the Commission (who shall have had no prior involvement with the case) as a replacement to the Commissioner and all of the remaining procedure will apply accordingly.
5.7 BCCI will issue a public announcement regarding any decision of the Commissioner made under the Anti-Racism Code, as soon as is reasonably practicable after the decision has been communicated to the parties. The public announcement of the decision may include details of the offences committed under the Anti-Racism Code and of the sanctions imposed, if any. Until such time as a public announcement is published by BCCI, all parties and participants in the proceedings shall treat such proceedings as strictly confidential. For the avoidance of doubt, nothing in this Article shall prevent the Commissioner or the party referred to in Article 4.4.1 or the party referred to in Article 3.1 (or BCCI) publicly confirming the date of the hearing, the offence that is alleged to have been committed and/or the name of the Player or Team Official charged.