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5. THE DISCIPLINARY PROCEDURE

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 5 THE DISCIPLINARY PROCEDURE

NOTE: Where a Match Referee appointed to adjudicate any matter brought under the Code of Conduct is not physically present at the relevant Match (and therefore required to perform his/her duties remotely) then all relevant hearings arising under Article 5.1 may be held by telephone conference or video conference (if available) and the provisions of Article 5.1 are to be interpreted accordingly.

5.1 Where a matter proceeds to a hearing:5.1.1 under Article 4.2.2 or 4.2.3, then the case shall be referred to the Match Referee for adjudication in accordance with the procedure described in Article 5.2.  5.1.2 under Article 4.6.2 or 4.6.3, then BCCI shall appoint one member of the Commission (who has had no prior involvement with the case) to sit alone as the Commission Chairman and the case shall be referred to him/her for adjudication in accordance with the procedure described in Article 5.2.  5.2 Disciplinary Procedure 

5.2.1 Subject to the discretion of the Match Referee or Commission to order otherwise for good cause shown by the Player or Team Official, the hearing will take place at the time specified in the Notice of Charge (which should, wherever practicable, be no more than twenty-four (24) hours after the receipt by the Player or Team Official of the Notice of Charge) and in such location as the Match Referee or Commission considers appropriate. For the avoidance of doubt, nothing in this Article 5.2.1 prevents a hearing from being convened at a time during which the Match or IPL Event in relation to which the alleged offence took place, remains in progress.5.2.2 The procedure followed at the hearing shall be at the discretion of the Match Referee or Commission, provided that the hearing is conducted in a manner which offers the Player or Team Officiala fair and reasonable opportunity to present evidence (including the right to call and to question witnesses by telephone or video-conference where necessary), address the Match Referee or Commissionand present his/her case.5.2.3 The hearing before the Match Referee or Commission shall be in English, and certified English translations shall be submitted of any non-English documents put before the Match Referee or Commission.  The cost of the translation shall be borne by the party offering the document(s).  In the case of a Level 3 Offence or Level 4 Offence only: (a) if required by the Commission (at his/her discretion), BCCI shall make arrangements to have the hearing recorded or transcribed; and (b) if requested by the Player or Team Official, BCCI shall also arrange for an interpreter to attend the hearing.  Such costs of transcription and interpretation shall be paid by BCCI. 5.2.4 Where video evidence of the alleged offence is available at the hearing before the Match Referee or Commission, then it may be relied upon by any party, provided that all other parties shall have the right to make such representations in relation to it that they may see fit.5.2.5 Unless exceptional circumstances apply, each of the following individuals must attend any hearing before the Match Referee or Commission: (a) the Player or Team Official who has been charged with the alleged offence; and (b) the person who lodged the Report (or, in the case of the BCCI CEO (at his/her discretion), his/her representative/nominee). Where any such individual has a compelling justification for his/her non-attendance, then they shall be given the opportunity to participate in the hearing before the Match Referee or Commissionby telephone or video conference (if available). Without prejudice to the Player or Team Official’s ability to call and to question such witnesses as may be necessary and/or to be represented by such other person of his/her own choosing pursuant to Article 5.2.6, one of the Team Captain, Team Vice-Captain or Team Manager of the Team that the Player or Team Official represents may also attend such hearing before the Match Referee or Commissionto provide additional support and assistance to the Player or Team Official.If requested to do so by the Match Referee or Commission the Player or Team Official who has been charged with the alleged offence must remain at the ground where the alleged offence took place for a period of up to 90 minutes following the later to occur of (a) the end of the Match taking place at the ground on the day of the alleged offence, and (b) the time such request is made to enable a hearing in respect of the alleged offence to take place as expeditiously as possible.5.2.6 Each of the individuals described in Article 5.2.5(a) and (b) shall have the right (at his/her or its own expense) to be represented at the hearing before the Match Referee or Commissionby such representative (including legal counsel) of his/her or its own choosing. Where the person lodging the Report is an Umpire or Match Referee that officiated in the Match in question or the BCCI CEO, then such person shall be entitled to be represented prior to, and during, the hearing (if he/she considers necessary) by a representative of the BCCI’s Legal Department (or another lawyer duly authorised to attend by the BCCI Chief Executive Officer).5.2.7 The non-attendance of any Player or Team Official or his/her representative at the hearing, shall not prevent the Match Referee or Commissionfrom proceeding with the hearing in his/her absence and issuing a ruling in relation to the offence charged.

5.2.8 At the end of a hearing, where the Match Referee or Commission considers that further evidence is necessary or further time is required to consider the evidence that has been presented, he/she shall adjourn the hearing for an appropriate period of time and make such directions as may be necessary.5.2.9 Alternatively, at the end of a hearing:

5.2.9.1 brought under Article 4.2.2 or Article 4.6.2:as soon as possible after the conclusion of the hearing (and, in the absence of unforeseen circumstances, no later than twenty-four (24) hours thereafter), the Match Referee or Commission will confirm the Player or Team Official’s admission that he/she had committed a Code of Conduct offence and announce his/her decision in writing, with reasons, setting out: (a) what sanctions, if any, are to be imposed (including any fine and/or period of suspension); (b) that any period of suspension shall come into force with immediate effect; and (c) any rights of appeal that may exist pursuant to Article 8.5.2.9.2 brought under Article 4.2.3 or Article 4.6.3 (or where the Player or Team Official has failed to respond in a timely fashion to the Notice of Charge):

(a) the Match Referee or Commission shall adjourn the hearing (for a period of no less than ten (10) minutes and no more than two (2) hours), following which he/she will reconvene the hearing and verbally announce his/her finding as to whether a Code of Conduct offence has been committed;(b) where the Match Referee or Commission determines that a Code of Conduct offence has been committed, the Player or Team Official may request a short adjournment (of no more than thirty (30) minutes) to prepare any submissions that he/she might wish to make in relation to the appropriate sanction that ought to be applied; and(c) as soon as possible after the conclusion of the hearing (and, in the absence of unforeseen circumstances, no later than twenty-four (24) hours thereafter), the Match Referee or Commission will announce his/her decision in writing, with reasons, setting out: (a) the finding as to whether a Code of Conduct offence has been committed; (b) what sanctions, if any, are to be imposed (including any fine and/or period of suspension); (c) that any period of suspension shall come into force with immediate effect; and (d) any rights of appeal that may exist pursuant to Article 8.5.2.10 The Match Referee or Commission shall have the discretion to announce the substance of his/her decision prior to the issue of the written reasoned decision referred to in Article 5.2.9.

5.2.11 A copy of the written reasoned decision will be provided to the Player or Team Official, the Team Manager of the Player or Team Official’s Franchisee and the BCCI CEO.5.2.12 Subject only to the rights of appeal under Article 8, the Match Referee’s or Commission’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties.General Principles of Procedure 5.3 Where a Report is filed by more than one of the individuals described in Article 3.1 in relation to the same alleged offence under the Code of Conduct, then the Player or Team Official alleged to have committed the offence will only be served with one Notice of Charge in accordance with the procedures set out in Article 4.  However, all persons who filed a Report (or, in the case of the BCCI CEO (at his/her discretion), his/her representative/nominee) in relation to the alleged offence are required to attend the hearing before the Match Referee or Commission unless there is a compelling justification for his/her non-attendance, in which case they shall be given the opportunity to participate in the hearing by telephone or video conference (if available).

5.4 Where two or more Players or Team Officials are alleged to have committed offences under the Code of Conduct, they may both be dealt with at the same hearing where the proceedings arise out of the same incident or set of facts, or where there is a clear link between separate incidents, as follows:
5.4.1 any number of Level 1 Offences and/or Level 2 Offences can all be determined by a Match Referee at the same hearing; and 5.4.2 any number of Level 3 Offences and/or Level 4 Offences can all be determined by a Commission at the same hearing;and 5.4.3 a Level 1 Offence and/or Level 2 Offence can be determined by a Commission at the same hearing as a Level 3 Offence and/or a Level 4 Offence; but 5.4.4 a Level 3 Offence or Level 4 Offence cannot be determined by a Match Referee at the same hearing as a Level 1 Offence or a Level 2 Offence, and separate proceedings should therefore be issued in relation to each alleged offence. 

5.5 Where a Player or Team Officialis alleged to have committed more than one breach of the Code of Conduct during or in relation to the same Match then all of the alleged offences may be dealt with at the same hearing, as follows: 
5.5.1 any number of Level 1 Offences and/or Level 2 Offences can all be determined by a Match Referee at the same hearing; and5.5.2 any number of Level 3 Offences and/or Level 4 Offences can all be determined by a Commission at the same hearing; and5.5.3 a Level 1 Offence and/or Level 2 Offence can be determined by a Commission at the same hearing as a Level 3 Offence and/or a Level 4 Offence; but5.5.4 a Level 3Offence or Level 4Offence cannot be determined by a Match Referee at the same hearing as a Level 1Offence or a Level 2Offence, and separate proceedings should therefore be issued in relation to each alleged offence. 

5.6 Any failure or refusal by any Player or Team Official to provide assistance to a Match Referee or Commission in connection with any charge made pursuant to this Code of Conduct may constitute a separate offence (depending upon the seriousness and context of such failure or refusal) under Articles 2.1.8, 2.2.12, 2.3.3 or 2.4.3of the Code of Conduct.5.7 Where a Match Referee is, or becomes unwilling or unable to hear a case (for example, where he/she finds him/herself in a position of conflict), then the BCCI CEO shall have the discretion to appoint another referee from the IPL panel of referees for the Season or such other person as BCCI deems to be appropriate in all the circumstances or a member of the Commission (who shall have had no prior involvement with the case) as a replacement for the Match Referee and all of the remaining procedure will apply accordingly.5.8 Where a Commission is, or becomes unwilling or unable to hear a case (for example, where he/she finds him/herself in a position of conflict), then the BCCI CEO shall have the discretion to appoint another member of the Commission (who shall have had no prior involvement with the case) as a replacement for the Commission and all of the remaining procedure will apply accordingly.5.9 BCCI will issue a public announcement regarding any decision of the Match Referee orCommission 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 as a 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 Match Referee or the Commission or the relevant party mentioned in Article 3.1 or the relevant party mentioned in either Article 4.1.1 or Article 4.5.1 (or BCCI) publicly confirming the date of the hearing, the offence that is alleged to have been committed and/or the name of the Player or Team Official charged.