ARTICLE 8 RIGHT TO A FAIR HEARING
8.1 Hearings under the Rules
8.1.1 The BCCI shall appoint a standing panel consisting of a President (who shall be a lawyer) and other persons with experience and expertise in anti-doping (the "Anti-DopingPanel"). Each panel member shall be independent of the BCCI.
8.1.2 Where the BCCI alleges that a Cricketer or Cricketer Support Person has committed an anti-doping rule violation, and the Cricketer or Cricketer Support Person denies the allegation, and/or disputes the Consequences to be imposed for such violation under the Rules, then the case shall be referred to an Anti-Doping Tribunal for adjudication.
8.1.3 In conjunction with the Anti-Doping Manager, the President of the Anti-Doping Panel shall appoint three members from the panel (which may include the President) to sit as the Anti-Doping Tribunal to hear each case. At least one appointed member of the Anti-Doping Tribunal shall be a lawyer, and shall sit as the Chairman of the Anti-Doping Tribunal.
8.1.4 The Chairman of the Anti-Doping Tribunal shall convene a preliminary hearing with the BCCIand its legal representatives, and with the Cricketer or Cricketer Support Person and his/her legal representatives (if any). The preliminary hearing should take place as soon as possible by telephone conference call unless the Chairman determines otherwise. The non-participation of the Cricketer or Cricketer Support Person or his/her representatives at the preliminary hearing, after proper notice of the preliminary hearing has been provided, shall not prevent the Chairman of the Anti-Doping Tribunal from proceeding with the preliminary hearing, whether or not any written submissions are made on behalf of the Cricketer or Cricketer Support Person.
8.1.5 The purpose of the preliminary hearing shall be to allow the Chairman to address any preliminary issues. In particular (but without limitation), the Chairman shall:
22.214.171.124 determine the date(s) upon which the full hearing shall be held;
126.96.36.199 establish dates reasonably in advance of the date of the full hearing at which:
(a) the BCCIshall file with the Anti-Doping Tribunal and serve on the Cricketer or Cricketer Support Person(i) an opening brief setting out submissions on all issues that the BCCIwishes to raise at the hearing, (ii) copies of written witness statements setting out the evidence of the witnesses that the BCCIintends to call at the hearing, and (iii) copies of any documentary evidence that the BCCIintends to introduce at the hearing;
(b) the Cricketer or Cricketer Support Person shall file with the Anti-Doping Tribunal and serve on the BCCI (i) an answering brief addressing the BCCI’s submissions and setting out submissions on the issues that he/she wishes to raise at the hearing, (ii) copies of written witness statements setting out the evidence of the witnesses that he/she intends to call at the hearing, and (iii) copies of the documentary evidence that he/she intends to introduce at the hearing; and
(c) the BCCI may (at its discretion) file with the Anti-Doping Tribunal and serve on the Cricketer or Cricketer Support Persona reply brief, responding to the answer brief of the Cricketer or Cricketer Support Person and serving any rebuttal witness statements and/or documentary evidence; and
188.8.131.52 make such order as the Chairman shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties; provided that (save for good cause shown) no documents and/or other materials shall be ordered to be produced in relation to any Adverse Analytical Finding beyond the documents that the International Standard for Laboratories requires to be included in the laboratory documentation pack.
8.1.6 The Cricketer or Cricketer Support Person shall be required to raise at the preliminary hearing any legitimate objection that he/she may have to any of the members of the Anti-Doping Tribunal convened to hear his/her case. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If any objection is made, the Chairman of the Anti-Doping Tribunal shall rule on its legitimacy (or, if the objection relates to the Chairman, the President of the Anti-Doping Panel shall rule).
8.1.7 If, because of a legitimate objection or for any other reason, a member of the Anti-Doping Tribunal is, or becomes, unwilling or unable to hear the case, then the Chairman of the Anti-Doping Tribunal may, at his/her absolute discretion:
184.108.40.206 rule that a replacement member of the Anti-Doping Tribunal should be appointed (in which case the President of the Anti-Doping Panel shall appoint the replacement); or
220.127.116.11 authorise the remaining members to hear the case on their own.
8.1.8 Subject to the discretion of the Chairman of the Anti-Doping Tribunal to order otherwise for good cause shown by either party, or if otherwise agreed between the parties, hearings before the Anti-Doping Tribunal shall: (a) take place at a venue specified by the BCCI; and (b) be conducted on a confidential basis.
8.1.9 Each of the BCCI and the Cricketer or Cricketer Support Person has the right to be present and to be heard at the hearing. Each of the BCCI and the Cricketer or Cricketer Support Person also has the right (at his/her or its own expense) to be represented at the hearing by legal counsel of his/her or its own choosing.
8.1.10 Subject to Article 3.2.5, the Cricketer or Cricketer Support Person may choose not to appear in person at the hearing, but rather to provide a written submission for consideration by the Anti-Doping Tribunal, in which case the Anti-Doping Tribunal shall consider the submission in its deliberations. However, the non-attendance of the Cricketer or Cricketer Support Person or his/her representative at the hearing, after proper notice of the hearing has been provided, shall not prevent the Anti-Doping Tribunal from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
8.1.11 The procedure followed at the hearing shall be at the discretion of the Chairman of the Anti-Doping Tribunal, provided that the hearing is conducted in a fair manner with a reasonable opportunity for each party to present evidence (including the right to call and to question witnesses, including by telephone or video-conference where necessary), address the Anti-Doping Tribunal and present its/his/her case.
8.1.12 Save where the Chairman orders otherwise for good cause shown by either party, the hearing shall be in English, and certified English translations shall be submitted of any non-English documents put before the Anti-Doping Tribunal. The cost of the translation shall be borne by the party offering the document(s).
8.1.13 If required by the Chairman, the BCCI shall make arrangements to have the hearing recorded or transcribed (save for the private deliberations of the Anti-Doping Tribunal). If the Cricketer or Cricketer Support Person needs an interpreter, the BCCI shall also arrange for an interpreter to attend the hearing. Such costs of transcription and interpretation shall be paid by the BCCI, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
8.1.14 Each of the ICC and WADA shall have the right to be kept apprised by BCCI of the status of the proceedings before the Anti-Doping Tribunal, as well as the right to attend hearings of the Anti-Doping Tribunal as an observer.
8.2 Decisions of the Anti-Doping Tribunal
8.2.1 The Anti-Doping Tribunal shall announce its decision in writing, with reasons, as soon as possible after the conclusion of the hearing. That written decision will be sent without delay to the parties, the ICC and WADA. The decision shall set out and explain:
18.104.22.168 with reasons, the Anti-Doping Tribunal’s findings as to whether any anti-doping rule violation(s) has/have been committed;
22.214.171.124 withreasons, the Anti-Doping Tribunal’s findings as to what Consequences, if any, are to be imposed including, if applicable, findings as to why the maximum potential sanction was not imposed;;
126.96.36.199 with reasons, the date that such Consequences shall come into force and effect pursuant to Article 10.10; and
188.8.131.52 the rights of appeal that apply pursuant to Article 13.
8.2.2 The Anti-Doping Tribunal shall have discretion to announce the substance of its decision to the parties prior to the issue of the written reasoned decision referred to in Article 8.2.1, in cases where a Provisional Suspension has been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however: (a) the Anti-Doping Tribunal shall still be required to issue a written, reasoned decision in accordance with Article 8.2.1; and (b) the time to appeal pursuant to Article 13 shall not run until receipt of that written, reasoned decision.
8.2.3 The BCCI shall pay the costs of convening the Anti-Doping Tribunal and of staging the hearing, subject to any costs-shifting order that the Anti-Doping Tribunal may make further to Article 8.2.4.
8.2.4 The Anti-Doping Tribunal has the power to make a costs order against any party. Subject thereto, each party shall bear its own costs, legal, expert, hearing, and otherwise. No recovery of costs may be considered a basis for reducing the period of Ineligibility or other sanction that would otherwise be applicable.
8.2.5 Subject only to the rights of appeal under Article 13, the Anti-Doping Tribunal’s decision shall be the full, final and complete disposition of the case and will be binding on all parties.
8.2.6 If the decision is that an anti-doping rule violation has been committed, then: (a) the decision shall be Publicly Reported in full as soon as possible, and in any event within no more than twenty (20) days of its issue; and (b) after the decision is Publicly Reported, the BCCI may also publish such other parts of the proceedings before the Anti-Doping Tribunal as the BCCI thinks fit.
8.2.7 If the Cricketer or Cricketer Support Person is exonerated, then the decision shall not be published (save as set out in Article 14.2) and its confidentiality shall be strictly maintained by all parties.
8.3 Agreed Sanctions
Notwithstanding any of the provisions of these Rules, it shall be open to a Cricketer or Cricketer Support Person charged with any anti-doping rule violation(s) to admit the violation(s) charged at any time, whether or not as part of an agreement with the BCCI on the sanction to be imposed for his/her violation(s), based on the range of sanctions set out in Article 10 for the violation(s) in question (including, in particular, Article 10.6.3). Any such discussions between theBCCI and the Cricketer or Cricketer Support Person on this point shall take place on a “without prejudice” basis and in such a manner that they shall not delay or in any way interfere with the proceedings. Any resulting agreement shall be evidenced in writing, signed by both the BCCI’s Anti-Doping Manager and the Cricketer or Cricketer Support Person, shall set out the sanction imposed on the Cricketer or Cricketer Support Person for his/her anti-doping rule violation(s), and shall include a waiver by the Cricketer or Cricketer Support Person of his/her right of appeal against the decision and the sanction (the “Agreed Sanction”). The Agreed Sanction will provide for the discontinuance of the proceedings on the terms thereof without the need for any further hearing. Instead, the BCCI shall promptly issue a public decision confirming the Cricketer’s or Cricketer Support Person’s admission of the anti-doping rule violation(s) charged and the imposition of the Agreed Sanction, including an explanation (if applicable) of any mitigating factors applied. Before publishing that decision, the BCCI’s Anti-Doping Manager will provide notice of it to the ICC and WADA.