ARTICLE 8 APPEALS
8.1 Decisions made under the Anti-Racism Code by a Commissioner may be challenged solely by appeal as set out in Article 8. Such decisions shall remain in effect while under appeal unless any Appeal Commission properly convened to hear the appeal orders otherwise.
8.2 The only parties who may appeal a decision made under the Anti-Racism Code shall be: (a) the Player or Team Official found guilty of the offence; and (b) the BCCI Chief Executive Officer.
8.3 Any notice to appeal under this Article must be lodged with the BCCI Chief Executive Officer within forty-eight (48) hours of receipt of the written decision of the Commissioner. In all cases, a copy of such notice will also be provided to the Team Manager of the Franchisee to which the Player or Team Official is affiliated. Thereafter, the following will apply:
8.3.1 In the absence of circumstances rendering it impractical, within twenty-four (24) hours of receipt of a notice to appeal: (a) the BCCI Chief Executive Officer will appoint three members of the Commission (not including the Commissioner who made the decision which is being appealed) to hear the appeal; and (b) the Commissioner will provide a written statement to the BCCI Chief Executive Officer setting our any relevant facts (to be copied to the Player or Team Official).
8.3.2 The provisions of Articles 5.1.2 to 5.1.12, applicable to proceedings before the Commissioner, shall apply mutatis mutandis (i.e. with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Commission.
8.3.3 The Appeal Commission shall hear and determine all issues arising from any matter which is appealed to it pursuant to this Article on a de novo basis, (i.e. it shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed). For the avoidance of doubt, the Appeal Commission shall have the power to increase or decrease, amend the sanction imposed at first instance or substitute a new decision (or otherwise) provided that any new sanction must be within the permitted range of sanctions set out in the table in Article 7.3.
8.3.4 Appeal hearings pursuant to this Article 8 should be completed expeditiously. Save where all parties agree or fairness requires otherwise or in the absence of unforeseen circumstances, the appeal hearing shall be commenced no later than seventy-two (72) hours after the appointment of the Appeal Commission.
8.3.5 The Appeal Commission shall have the power to order some or all of the costs of the appeal proceedings (including the costs of holding the hearing, any interpretation costs, the legal and/or travel/accommodation costs of the Appeal Commission and/or any other relevant parties) to be paid by the appealing party if it considers that such party has acted, spuriously, frivolously or otherwise in bad faith.
8.3.6 Any decision made by the Appeal Commission under this Article 8, shall be the full, final and complete disposition of the matter and will be binding on all parties.