ARTICLE 4 NOTIFICATION AND CONCILIATION PROCEDURE
4.1 Where the BCCI Chief Executive Officer receives a Report lodged under Article 3, he/she must promptly carry out an investigation into the circumstances detailed in the Report (which may include speaking with relevant parties and reviewing relevant documents and other supporting materials) in order to determine as soon as practicable and, in the absence of circumstances rendering this impractical, within forty-eight (48) hours of receipt of the Report whether the Player or Team Official named in the Report has a case to answer.
4.2 If the initial review of the Report reveals that there is no case to answer, then BCCI shall notify the person who filed the Report of that fact, and the matter shall not proceed any further.
4.3 If the initial review of the Report reveals that there is a case to answer, then, provided that BCCI consents to the matter being resolved by a process of conciliation (such consent not to be withheld unless it determines, acting reasonably, that the circumstances of the matter do not merit resolution by conciliation or there is a genuine and reasonable concern that a just and appropriate resolution of the matter will not be reached through a process of conciliation), BCCI shall comply with the following procedure:
4.3.1 The BCCI Chief Executive Officer shall notify the following individuals of their entitlement to have the matter referred at the first instance to a process of conciliation and seek express written consent from each of them to proceed on that basis:
220.127.116.11 the Player or Team Official named in the Report; and
18.104.22.168 the individual(s) who has/have been the subject of the alleged offence.
4.3.2 Where BCCI does not consent to the matter being resolved by a process of conciliation or where the BCCI Chief Executive Officer is unable to obtain the express written consent from both of the individuals described in Articles 22.214.171.124 and 126.96.36.199 within a period of forty-eight (48) hours after receipt by those individuals of such notice, then the matter shall not be referred to a process of conciliation, instead it shall proceed in accordance with Article 4.4.
4.3.3 Where a matter proceeds to conciliation under Article 4.3.1, then the case shall be referred to a Conciliator who shall be responsible for overseeing a process of conciliation to take place as soon as possible and, in the absence of circumstances rendering it impractical, no later than three (3) days after the receipt by the BCCI Chief Executive Officer of the consents described in Article 4.3.1, in accordance with the following procedure:
188.8.131.52 BCCI shall appoint one Conciliator who will oversee the conciliation sitting alone and who shall be independent of the relevant parties and BCCI at all times.
184.108.40.206 Unless exceptional circumstances apply, each of the parties identified in Articles 220.127.116.11 and 18.104.22.168, together with: (a) the person who lodged the Report (or, in the case of the BCCI Chief Executive Officer (at his/her discretion), his/her nominee); and (b) a representative of the BCCI’s Legal Department (or another lawyer duly authorised to attend by the BCCI Chief Executive Officer), must attend any conciliation meeting that is scheduled by the Conciliator. Each individual shall have the right (at his/her or its own expense) to be represented at such conciliation meeting by such representative (including legal counsel) of his/her or its own choosing. Where any such individual has a compelling justification for his/her non-attendance, then they shall be given the opportunity to participate in the conciliation by telephone or video conference (if available). In addition, any one of the Team Captain, Team Vice Captain or Team Manager of the Team that any Player or Team Official attending such conciliation meeting represents, may also attend such conciliation meeting to provide additional support and assistance to that Player or Team Official.
22.214.171.124 Conciliation meetings shall take place in Mumbai unless the Conciliator decides otherwise.
126.96.36.199 All of the parties involved in the conciliation procedure must fully engage with the Conciliator and the conciliation procedure with an open mind and must act, at all times, honestly and in good faith.
188.8.131.52 The procedure which is to be followed prior to, and during the conciliation meeting shall be entirely at the discretion of the Conciliator, provided that any such meeting is conducted in an open, inquisitive, non-adversarial and fair manner which enables all of the attending parties a reasonable opportunity to present any evidence that is deemed by the Conciliator to be appropriate and to address the Conciliator on any matter relevant to the alleged offence. In accordance with Article 6.2, all statements, submissions and evidence made, heard or disclosed during any part of the conciliation process shall be so made, heard or disclosed strictly (unless the relevant party agrees otherwise) on a ‘without prejudice’ basis and may only be used by any party for the purposes of the conciliation process only.
184.108.40.206 During the conciliation meeting, the Conciliator will discuss the circumstances of the alleged offence with the relevant parties and explore the possibility of reaching a consensual solution for how to resolve the matter without invoking the disciplinary procedure set out in Article 5. Such a solution may incorporate, without limitation, any of the following (or any combination of the following) outcomes: (a) the voluntary imposition of a period of suspension of the Player or Team Official alleged to have committed the offence (which period must be determined having due regard to the range of permissible sanctions in Article 7.3); and/or (b) a public apology and/or explanation as to the parties’ conduct and circumstances surrounding the alleged offence; and/or (c) a private apology and/or explanation as to the parties’ conduct and circumstances surrounding the alleged offence; and/or (d) a joint press statement being issued about the parties’ conduct and circumstances surrounding the alleged offence and/or its resolution by conciliation; and/or (e) an agreement by the Player or Team Official alleged to have committed the offence, to undergo a specified programme of education and/or counselling designed to promote the understanding and awareness of issues directly relevant to the offence that is alleged to have been committed.
220.127.116.11 At the end of the conciliation meeting, if the Conciliator is satisfied that all of the parties have reached a consensual resolution of the matter, then he/she shall document such resolution and arrange for the signature of all relevant parties to be attested to such document. Any consensual resolution reached by all parties during such conciliation meeting shall be the full, final and complete disposition of the matter and will be binding on all parties.
18.104.22.168 At the end of the conciliation meeting, if the Conciliator is not satisfied that all of the parties have reached a consensual resolution of the matter, then the conciliation process shall be terminated immediately and the matter shall proceed in accordance with Article 4.4.
22.214.171.124 All parties involved in the conciliation procedure shall treat such procedure as strictly confidential, save that nothing in this Article shall prevent either of the parties referred to in Article 4.3.1 (or BCCI) publicly confirming the date of any conciliation meeting, the offence that is alleged to have been committed and/or the name of the Player or Team Official charged.
4.4 If the initial review of the Report reveals that there is a case to answer and either: (a) BCCI did not consider it to be an appropriate matter for resolution through conciliation (Article 4.3); or (b) the relevant parties did not consent to the matter being resolved through a conciliation process (Article 4.3.2); or (c) following a conciliation meeting the Conciliator was not satisfied that the parties were able to reach a consensual resolution (Article 126.96.36.199), then BCCI shall promptly provide a copy of the Report, together with an explanation of the reason for the matter now proceeding under this Article 4 (such documents comprising the ‘Notice of Charge’) to the following individuals:
4.4.1 the Player or Team Official named in the Report; and
4.4.2 the Team Manager and a duly authorised senior representative of the Franchisee of the relevant Player or Team Official named in the Report.
4.5 The Notice of Charge shall specify that the Player or Team Official shall have the following options:
4.5.1 he/she may admit the offence charged and accede to the proposed sanction specified in the Notice of Charge (which sanction shall be strictly at BCCI’s discretion, but at all times within the appropriate range for the offence). In such circumstances, and provided that such admission has been received by the BCCI Chief Executive Officer prior to the commencement of the hearing at the time/place specified in the Notice of Charge, the hearing before the Commissioner shall not be required and no further action shall be taken (and he/she will be taken to have waived his/her right to bring any appeal under the Anti-Racism Code), save that BCCI shall promptly issue a public statement confirming: (a) the commission of an offence under the Anti-Racism Code; and (b) the imposition of the applicable sanction specified in the Notice of Charge; or
4.5.2 he/she may admit the offence charged but dispute the proposed sanction specified in the Notice of Charge, in which case the matter shall proceed to a hearing in accordance with Article 5.1; or
4.5.3 he/she may deny the offence charged, in which case the matter shall proceed to a hearing in accordance with Article 5.1.