ARTICLE 7 RESULTS MANAGEMENT

7.1 Responsibility for Results Management TheBCCI 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 theAdverse Analytical Finding is consistent with an applicable TUEthat has been granted or may be granted as provided in the International Standard for TUEs; and/or

7.2.1.2 there is any apparent departure from the InternationalStandard for Testing and Investigations or InternationalStandard for Laboratories that caused the Adverse Analytical Finding.

7.2.1(A) In the course of its consideration of the matter under Article 7.2.1, the Review Board may conduct such enquiries and take such further steps as it considers necessary, including (without limitation) seeking further information from the Cricketer and/or suggesting that he applies to the TUE Committee for a retroactive TUE that would be consistent with the Adverse Analytical Finding. If such application is made, the Review Board will await its outcome before proceeding further.

7.2.2 If the Review Board determines that either: (a) the Adverse Analytical Finding is consistent with an applicable TUEthat has been granted or may be granted as provided in the International Standard for TUEs; and/or (b) there has been an apparent departure from either the InternationalStandard for Testing and Investigations or the InternationalStandard for Laboratories that caused the Adverse Analytical Finding, then the BCCI shall notify the Cricketer, the ICC andWADAof 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 review of an Adverse Analytical Finding does not reveal that: (a) the Adverse Analytical Finding is consistent with an applicable TUE; and/or (b) there has been an apparent departure from the InternationalStandard for Testing and Investigations or the InternationalStandard for Laboratories that caused the Adverse Analytical Finding, then the Anti-Doping Manager shall promptly send the Cricketer written notice(the “Notice of Charge”):, copied to WADA and the ICCof the following

7.2.3.1 that the Cricketer(specifying his/her name, country and competitive level)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(including whether it related to an In-Competition or Out-of-Competition Test and the date of Sample Collection) 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 theConsequences 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 7.7; and

7.2.3.6 the matters specified at Article 7.8.

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 ICCshall 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 and the matter shall proceed to a hearing in accordance with Article 8.

7.3 Results Management for Atypical Findings

7.3.1 As provided in the InternationalStandardsfor Laboratories, in certain circumstances where a Prohibited Substance that is detected in a Sample may also be produced endogenously, 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 TUEwhich has been granted or which may be granted as provided in the International Standard for TUEs; or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding.

7.3.2(A) In the course of its consideration of the matter under Article 7.3.2, the Review Board may conduct such enquiries and take such further steps as it considers necessary, including (without limitation) seeking further information from the Cricketer and/or suggesting that he applies to the TUE Committee for a retroactive TUE that would be consistent with the Atypical Finding. If such application is made, the Review Board will await its outcome before proceeding further.

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 and Investigation 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 InternationalStandard for Testing and Investigations 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, WADAand the ICCand (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 The BCCI shall have results management authority in relation to potential Whereabouts Failures by any Cricketer who files his/her whereabouts information with the BCCI.

7.4.2 Results management in relation to potential Whereabouts Failures shall be conducted by the BCCI in accordance with BCCI’s “whereabouts” regulations.

7.4.3 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).

7.4.4 Where the Review Board determines that a Cricketer in the NationalRegistered 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, in any 12-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:

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

7.4.4.2 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;

7.4.4.3 (where applicable) of the matters relating to Provisional Suspension specified at Article 7.7; and

7.4.4.4 of the matters specified at Article 7.8.

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 Person 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 Person knows or suspects that any other Cricketer or Cricketer Support Person 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 Person 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 Person’s prior knowledge or suspicion has already been reported.

7.5.3 Cricketers andCricketer Support Person 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 Person may have committed an anti-doping rule violation, the Anti-Doping Manager may make a written demand to such Cricketer or Cricketer Support Person(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. The Cricketer or Cricketer Support Person shall furnish such information within seven (7) 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 Person 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 Person 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 Person 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 Personas 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 Person has a case to answer under Article 2, the Anti-Doping Manager shall promptly send the Cricketer or Cricketer Support Persona written Notice of Charge (copied to WADA and the ICC), advising the Cricketer:

7.5.6.1 thattheCricketer or Cricketer Support Person 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 7.7; and

7.5.6.4 of the matters specified at Article 7.8.
7.6 Identification of Prior Anti-Doping Rule Violations

Before giving a Cricketer or other Person notice of an asserted anti-doping rule violation as provided above, the BCCI shall refer to WADA Database or other system approved by WADA and contact WADA and the ICC, to determine whether the Cricketer or other Person has any prior anti-doping rule violations.

7.7 Provisional Suspension

7.7.1 If analysis of an A Sample results in an Adverse Analytical Finding for a Prohibited Substance or Prohibited Method 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 InternationalStandard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, then the BCCIshallProvisionally 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.

7.7.2 In the case of any Notice of Charges not covered by Article 7.7.1 (for example, if the charge is based on an Adverse Analytical Finding for a Prohibited Substance that is a Specified Substance or a Contaminated Product), the BCCI mayProvisionally Suspend the Cricketer or Cricketer Support Person 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.

7.7.3 Where a Provisional Suspension is imposed, whether pursuant to Article 7.7.1 or Article 7.7.2, the Cricketer or Cricketer Support Person 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 Person(a)applies for an order that the Provisional Suspension not be imposed before the Provisional Suspension comes into effect under Article 7.7.1 or 7.7.2, 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 7.7.1 or 7.7.2, 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 Person 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:

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

7.7.3.2 theCricketer 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 10.4; or

7.7.3.3 the Cricketer is able to demonstrate to the Provisional Hearing that the anti-doping rule violation is likely to have involved a Contaminated Product; or

7.7.3.4 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 Person. 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. 

7.7.4 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.

7.7.5 During the period of any Provisional Suspension, a Cricketer or Cricketer SupportPersonmay 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 Person 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.

7.8 Responding to the Notice of Charge

7.8.1 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 Person in accordance with Article 7.5.6 shall also specify that, if the Cricketer or Cricketer Support Person 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 fourteen (14)days of the receipt by the Cricketer or Cricketer Support Person of the Notice of Charge. The request must also state how the Cricketer or Cricketer Support Person responds to the charge(s) and must explain (in summary form) the basis for such response.,

7.8.2 If the Cricketer or Cricketer Support Person fails to file a written request for a hearing before the Anti-Doping Tribunal in accordance with Article 7.8.1 by the deadline specified in that Article, then the Cricketer or Cricketer Support Person shall be deemed:

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

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

7.8.2.3 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. 

7.8.3 Where the Cricketer or Cricketer Support Person does request a hearing in accordance with Article 7.8.1, the matter shall proceed to a hearing in accordance with Article 8.