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8. APPEALS

1. SCOPE AND APPLICATION

2. OFFENCE

3. REPORTING AN ALLEGED OFFENCE UNDER THE ANTI-RACISM CODE

4. NOTIFICATION AND CONCILIATION PROCEDURE

5. THE DISCIPLINARY PROCEDURE

6. STANDARD OF PROOF AND EVIDENCE

7. SANCTIONS

8. APPEALS

9. RECOGNITION OF DECISIONS

10. AMENDMENT AND INTERPRETATION OF THE ANTI-RACISM CODE

11. DEFINITIONS

 

ARTICLE 8 APPEALS

NOTE: For the avoidance of doubt, any right of appeal will be determined by reference to the Level of offence which the decision of the Match Referee or Commission (as applicable) relates to, and not necessarily the Level of offence originally reported.Example:ACommissionhas been asked to determine a Level 3 offence, but in coming to his/her decision, he/she has exercised the right afforded to him/her in Article 7.4.5 and found the Player or Team Official concerned not guilty of the Level 3 Offence, but guilty of a Level 2 Offence.  In such circumstances, the right of appeal shall be determined on the basis of the Level 2 offence and thus in accordance with Article 8.2.In circumstances where the application of this note would lead to the same level of adjudicator hearing the appeal as heard the first instance case, then the relevant adjudicatory body shall be the higher body.  In the example listed above, the Appeal Commission would have the jurisdiction to hear the appeal against the Level 2 Offence even though technically under the Code of Conduct a Commission would hear the appeal, as the first instance hearing was held before a Commission. The terms of this Article 8 should therefore be construed accordingly.  8.1 Appeals from decisions in relation to a first Level 1 Offence

8.1.1 Decisions made under the Code of Conduct by a Match Referee in relation to a first Level 1 Offence shall be non-appealable and shall remain the full and final decision in relation to the matter.  NOTE:For the avoidance of doubt, a Level 1 Offence will not be considered to be a first Level 1 Offence where the Player of Team Official concerned has committed a Previous Offence.

8.2 Appeals from decisions in relation to: (a) a Level 1 Offence with at least one other Offence in the Previous Sanction Period; (b) a Level 2 Offence; or (c) a Minimum Over Rate Offence 8.2.1 Decisions made under the Code of Conduct by a Match Referee in relation to: (a)cases where there were Previous Level 1 Offence(s); or (b) a Level 2 Offence; or (c) a Minimum Over Rate Offence, may be challenged solely by appeal as set out in this Article 8.2.  Such decisions shall remain in effect while under appeal unless any Commission properly convened to hear the appeal orders otherwise.  8.2.2 The only parties who may appeal a decision of this nature shall be: (a) the Player or Team Official found guilty of the offence or, where appropriate in the case of an offence under either Article 2.2.9(changing the condition of the ball), 2.2.11(manipulation of a Match), or 2.5 (failure to meet the Minimum Over Rate), the relevant Team Captain; and (b) the BCCI CEO (or his/her designee).8.2.3 Any notice to appeal under this Article must be lodged with the BCCI Chief Executive Officer within 24 hours of receipt of the written decision of the Match Referee.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:8.2.3.1 Within 24 hours of receipt of a notice to appeal: (a) the BCCI CEO will appoint a member of the Commission to act as Commission and hear the appeal sitting alone; and (b) the Match Referee will provide a written statement to the BCCI Chief Executive Officer setting out any relevant facts (to be copied to the Player or Team Official).8.2.3.2 The provisions of Article 5.2 applicable to proceedings before the Match Referee, 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 Commission. 

8.2.3.3 The Commission shall hear and determine all issues arising from any matter which is appealed pursuant to this Article on a de novo basis, i.e. he/she 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 Commission shall have the power to overturn the original decision completely or, in all cases other than those under Article 2.5, increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance, provided that any new sanction must be within the permitted range of sanctions set out in the table in Article 7.3.8.2.3.4 Appeal hearings pursuant to this Article 8.2should be completed expeditiously.  Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than forty-eight (48) hours after the appointment of the Commission. 8.2.3.5 The 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 Commission and/or any other relevant parties) to be paid by the appealing party if he/she considers that such party has acted spuriously, frivolously or otherwise in bad faith.8.2.3.6 Any decision made by the Commission under this Article 8.2, shall be the full, final and complete disposition of the matter and will be binding on all parties.8.3 Appeals from decisions in relation to a Level 3 Offence or Level 4 Offence 

8.3.1 Decisions made under the Code of Conduct by a Commission in relation to a Level 3 Offence or Level 4 Offence may be challenged solely by appeal as set out in this Article 8.3.  Such decision shall remain in effect while under appeal unless any properly convened Appeal Commission orders otherwise.   8.3.2 The only parties who may appeal a decision made in relation to a Level 3 Offence or Level 4 Offence shall be: (a) the Player or Team Officialfound guilty of the offence; and (b) the BCCI CEO.  

8.3.3 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 Commission.  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:8.3.3.1 Within forty-eight (48) hours of receipt of a notice to appeal: (a) the BCCI will appoint three members of the Commission (excluding the Commission whose decision is being appealed) to sit as the Appeal Commission to hear the appeal; and (b) the Commissionwill provide a written statement to the BCCI Chief Executive Officer setting out any relevant facts (to be copied to the Player or Team Official).8.3.3.2 The provisions of Article and 5.2 applicable to proceedings before the Commission, 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. 8.3.3.3 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 or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance, provided that any new sanction must be within the permitted range of sanctions set out in the table in Article 7.3.8.3.3.4 Appeal hearings pursuant to this Article 8.3should be completed expeditiously.  Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than seventy-two (72) hours after the appointment of the Appeal Commission. For Level 3 and Level 4 offences it shall be open to the Appeal Panel, in its discretion, to determine that the matter (or any part thereof) be dealt withby way of written submissions only.8.3.3.5 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.8.3.3.6 Any decision made by the Appeal Commission under this Article 8.3, shall be the full, final and complete disposition of the matter and will be binding on all parties.
8.4 No appeal in relation to an accepted sanction

8.4.1 For the avoidance of doubt, where a Player or Team Official admits the offence charged and accedes to the proposed sanction specified in the Notice of Charge in accordance with the procedure specified in Article 4.2.1 or 4.6.1, the Player or Team Official waives his/her right to any appeal against the imposition of such sanction.
8.5 BCCI will issue a public announcement regarding any decision regarding an Appeal by the Commission or the Appeal Commission made under the Code of Conduct 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 Code of Conduct and of the sanctions imposed, if any.  Until such time asthis public announcement is published, 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 Commission, the Appeal Commission or the relevant partymentioned in either Article 4.1.1 or Article4.5.1 (or BCCI) publicly confirming the date of the Appeal hearing.