4. PROCEDURE FOR DEALING WITH DISCIPLINARY MATTERS
4.1.1 Eligibility to lodge a Report
An alleged breach of this Code of Conduct by aMatch Officialmay be reported by:
(a) the Match Referee of the Match in relation to which such breach is alleged to have occurred; or
(b) the Team Manager (in his own right or on behalf of any of his players) of one of the Teams playing in the Match in relation to which such breach is alleged to have occurred; or
(c) the Franchisee of one of the Teams playing in the Match in relation to which such breach is alleged to have occurred; or
(d) the BCCI Chief Executive Officer.
4.1.2 If any person eligible to lodge a report under Article 4.1.1 becomes aware of any alleged breach of this Code of Conduct by aMatch Official, he shall report the alleged breach in writing to the BCCI Chief Executive Officeras soon as practicable and, as soon as practicable upon the receipt of such written report, the BCCI Chief Executive Officershall be responsible for informing BCCI of its contents.
4.2 Hearings by the Commission
4.2.1 If aMatch Officialis reported for an alleged breach of this Code of Conduct, the BCCI Chief Executive Officer shall be responsible for informing the Commission of the report’s contents and any investigation and proceedings in relation thereto shall be conducted in accordance with the procedure set out in the Operational Rules with BCCI acting as the Claimant and the Match Officialas Respondent with the same rights of appeal as set out in the Operational Rules.
4.2.2 The Commission shall always have the right to investigate any incident which, in its opinion, may give rise to a breach of this Code of Conduct irrespective of whether or not a report in relation thereto has been lodged with BCCI or the Commission by the BCCI Chief Executive Officerand, if it decides to hold a hearing in relation thereto, it shall, as soon as practicable, notify in writing the Match Officialin respect of whom an alleged breach of the Code has been made of the Commission’s decision and of the circumstances giving rise to the alleged breach and shall send a copy of the said notice to the BCCI Chief Executive Officer. Any such hearing shall be conducted in accordance with the procedure set out in the Operational Rules with BCCI as the Claimant and the Match Official as Respondent.
4.3.1 In the event that, after a hearing (and any appeal hearing)in respect of any alleged breach of this Code of Conduct, the Commission(or Appeal Commission if appropriate and references in this Article 4.3 to the Commission shall be deemed to include the Appeal Commission if appropriate) decides on a balance of probability that
a Match Officialis in breach of this Code of Conduct, the Commission may, in its absolute discretion impose any penalty by way of reprimand and/or fine and/or suspension in respect of the League, including the power to suspend a fine or a suspension in respect of the League.
4.3.2 In deciding what penalty to impose on aMatch Official for a breach of this Code of Conduct, the Commission shall have regard to:
• the character of that Match Official;• the nature of the action on the part of that Match Official giving rise to the breach of this Code of Conduct; and• any other circumstances of the case which may seem to the Commission relevant to the imposition of a penalty.
4.3.3 BCCI shall co-operate with the Commission in ensuring that a penalty imposed on any such Match Official by way of suspension is carried into full force and effect and BCCI is hereby authorised under this Code of Conduct to take all necessary steps to enforce such suspension.
4.3.4 In the event that the Commission shall decide to impose a fine on aMatch Official, the fine shall be paid to BCCIby the Match Officialon whom it is imposed within 14 days of the date on which he is notified of the Commission’s decision. In this respect, the BCCI Chief Executive Officer shall arrange with the Commission for the fine to be paid by the Match Official concerned to BCCI. Any Match Official failing to pay such fine to BCCI within the said period shall not, until such time as the fine has been paid, be eligible for appointment as an Match Official by BCCI.
4.3.5 In the event that the Commission exercises its power to suspend any fine or suspension on aMatch Official who is subsequently found to be in further breach of this Code of Conduct during the period of suspension, the original penalty will automatically be imposed. The Commissionresponsible for the hearing of the subsequent breach may impose a penalty in respect of such further breach and any period of suspension imposed as a penalty for such subsequent breach shall run cumulatively to and not concurrently with any period of suspension originally imposed and suspended but which was activated and automatically imposed as a result of such further breach of this Code of Conduct.