The ICC is the international federation responsible for the global governance of the sport of cricket and the Anti-Racism Code for Players and Player Support Personnel (the 'Anti-Racism Code') is adopted and implemented as part of the ICC's continuing efforts to maintain the public image, popularity and integrity of cricket by providing: (a) an effective means to deter any participant from conducting themselves in a manner that may be construed as racially and/or religiously offensive; and (b) a robust disciplinary procedure pursuant to which all matters of improper conduct of this nature can be dealt with fairly, with certainty and in an expeditious manner.
Unless otherwise indicated, references to Articles and Appendices are to articles and appendices of the Anti-Racism Code. Words in italicised text in the Anti-Racism Code are defined terms and their definitions are set out in Appendix 1.
1.1 All Players and Player Support Personnel are automatically bound by and required to comply with all of the provisions of the Anti-Racism Code. Accordingly, by their participation (in the case of a Player) or assistance in participation (in the case of a Player Support Personnel) in an International Match, such Players or Player Support Personnel shall be deemed to have agreed:
1.1.1 that it is their personal responsibility to familiarise themselves with all of the requirements of the Anti-Racism Code, including what conduct constitutes an offence under the Anti-Racism Code;
1.1.2 to submit to the exclusive jurisdiction of any Judicial Commissioner or Appeal Panel convened under the Anti-Racism Code to hear and determine charges brought (and any appeals in relation thereto) pursuant to the Anti-Racism Code; and
1.1.3 not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission to the jurisdiction of the Judicial Commissioner or Appeal Panel.
1.2 All Players and Player Support Personnel shall continue to be bound by and required to comply with the Anti-Racism Code until he/she has not participated (in the case of a Player), or assisted a Player's participation (in the case of a Player Support Personnel) in an International Match for a period of three (3) months and the ICC shall continue to have jurisdiction over him/her under the Anti-Racism Code thereafter in respect of matters taking place prior to that point.
1.3 Without prejudice to Articles 1.1 and 1.2, the ICC and the National Cricket Federations shall be responsible for promoting Anti-Racism Code awareness and education amongst all Players and Player Support Personnel.
1.4 It is acknowledged that certain Players and Player Support Personnel may also be subject to other rules of National Cricket Federations that govern discipline and/or conduct, and that the same conduct of such Players and/or Player Support Personnel may implicate not only the Anti-Racism Code but also such other rules that may apply. For the avoidance of any doubt, Players and Player Support Personnel acknowledge and agree that: (a) the Anti-Racism Code is not intended to limit the responsibilities of any Player or Player Support Personnel under such other rules; and (b) nothing in such other rules shall be capable of removing, superseding or amending in any way the jurisdiction of the Judicial Commissioner or Appeal Panel to determine matters properly arising pursuant to the Anti-Racism Code.
1.5 The conduct prohibited under the Anti-Racism Code may also constitute a breach of other applicable laws or regulations (e.g. governing equal opportunities and/or anti-discrimination). The Anti-Racism Code is intended to supplement such laws and regulations with further rules of professional conduct for those involved in the sport of cricket. It is not intended, and may not be interpreted, construed or applied, to prejudice or undermine in any way the application of such laws and regulations. Players and Player Support Personnel must comply with all applicable laws and regulations at all times.
1.6 For the avoidance of any doubt:
1.6.1 the Anti-Racism Code is not intended in any way to replace the ICC Anti-Racism Policy for Members (as amended from time to time) which shall remain in full force and effect and to which the ICC and all National Cricket Federations agree to be bound at all times;
1.6.2 all Umpires and Match Referees officiating in any International Matches are automatically bound by and required to comply with all of the provisions of the ICC Code of Conduct for Umpires and Referees; and
1.6.3 where a representative side of a National Cricket Federation participates in an International Tour Match against a domestic or invitational team, for the purposes of their participation in such International Tour Match:
1.6.3.1 all Players and Player Support Personnel representing the National Cricket Federation's representative side are automatically bound by, required to comply with, and shall submit themselves to the jurisdiction of this Anti-Racism Code; and
1.6.3.2 all players or player support personnel representing the domestic or invitational team shall not be bound by this Anti-Racism Code. Instead, such individuals will be bound by, required to comply with, and shall submit themselves to the jurisdiction of the relevant National Cricket Federation's own applicable rules of conduct.
2.1 The following conduct, if committed by a Player or Team Official at any time during, or in relation to, a Match shall amount to an offence under the Anti-Racism Code:
2.1.1 Engaging in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any reasonable person in the position of a Player, Team Official, Umpire, Match Referee or any other person (including a spectator) on the basis of their race, religion, culture, colour, descent, national or ethnic origin.
3.1 Any one of the following individuals can report an alleged offence under the Anti-Racism Code by lodging a report in the manner described in Article 3.2, below (a “Report”):
3.1.1 an Umpire that officiated in the Match during, or in relation to which, the alleged offence was committed;
3.1.2 the Match Referee that was appointed to officiate in the Match during, or in relation to which, the alleged offence was committed;
3.1.3 the Team Manager or duly authorized senior representative of either of the two Franchisees whose representative Teams participated in the Match during, or in relation to which, the alleged offence was committed; or
3.1.4 the BCCI Honorary Secretary
3.1.5 the BCCI Chief Executive Officer
it being acknowledged that the individual lodging any such Report need not have witnessed the alleged offence.
3.2 Save in the case of circumstances rendering it impractical, all Reports must be completed, signed and dated by the person lodging the Report and must be lodged with the BCCI Chief Executive Officer as soon as reasonably practicable, and in any event no later than thirty-six (36) hours after the later of: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Report. Any such Report shall contain as much information in relation to the alleged offence under the Anti-Racism Code as is practicable.
3.3 Where it is alleged that a Player or Team Official has committed more than one offence under the Anti-Racism Code during, or in relation to, a Match (whether arising out of the same set of facts or otherwise), then a separate Report should be filed in accordance with this Article 3 for each of the offences alleged to have been committed.
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:
4.3.1.1 the Player or Team Official named in the Report; and
4.3.1.2 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 4.3.1.1 and 4.3.1.2 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:
4.3.3.1 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.
4.3.3.2 Unless exceptional circumstances apply, each of the parties identified in Articles 4.3.1.1 and 4.3.1.2, 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.
4.3.3.3 Conciliation meetings shall take place in Mumbai unless the Conciliator decides otherwise.
4.3.3.4 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.
4.3.3.5 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.
4.3.3.6 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.
4.3.3.7 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.
4.3.3.8 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.
4.3.3.9 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 4.3.3.8), 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.
5.1 Disciplinary Procedure
Where a matter proceeds to a hearing under Article 4.5.2 or 4.5.3, then the case shall be referred to the Commissioner for adjudication in accordance with the following procedure:
5.1.1 As soon as reasonably possible, BCCI shall appoint one person from the Commission to sit as the Commissioner to hear the case sitting alone prior to which it shall constitute the Commission if this has not occurred. The person appointed as the Commissioner shall have had no prior involvement with the case.
5.1.2 Subject to the discretion of the Commissioner 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, in the absence of circumstances rendering this impractical, be no more than forty-eight (48) hours after receipt by the Player or Team Official of the Notice of Charge) in Mumbai unless the Commissioner decides otherwise. For the avoidance of doubt, nothing in this Article 5.1.2 prevents a hearing from being convened at a time during which the Match during which the alleged offence took place, remains in progress.
5.1.3 The procedure followed at the hearing shall be at the discretion of the Commissioner, provided that the hearing is conducted in a manner which offers the Player or Team Official with a 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 Commissioner and present his/her case. For the avoidance of any doubt, in accordance with Article 6.2, unless the relevant party agrees otherwise, no evidence shall be adduced, given or accepted during any hearing before the Commissioner in relation to anything that may have been said or disclosed during any part of any ‘without prejudice’ conciliation process carried out pursuant to Article 4.3.
5.1.4 The hearing before the Commissioner shall be in English, and certified English translations shall be submitted of any non-English documents put before the Commissioner. The cost of the translation shall be borne by the party offering the document(s). If required by the Commissioner (at his/her discretion), BCCI shall make arrangements to have the hearing recorded or transcribed. 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.
5.1.5 Where video evidence of the alleged offence is available at the hearing before the Commissioner, 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.
5.1.6 Unless exceptional circumstances apply, each of the following individuals must attend any hearing before the Commissioner: (a) the Player or Team Official who has been charged with the alleged offence; (b) the person who lodged the Report (or, in the case of the BCCI Chief Executive Officer (at his/her discretion), his/her representative/nominee); and (c) a representative of the BCCI’s Legal Department (or another lawyer duly authorised to attend by the BCCI Chief Executive Officer). 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 Commissioner by 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 5.1.7, one of the Captain, Vice-Captain or Team Manager of the Team that the Player or Team Official represents may also attend a hearing before the Commissioner to provide additional support and assistance to the Player or Team Official.
5.1.7 Each of the individuals described in Article 5.1.6(a) and (b) shall have the right (at his/her or its own expense) to be represented at the hearing before the Commissioner by 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 Chief Executive Officer, 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).
5.1.8 The non-attendance of the Player or Team Official or his/her representative at the hearing, after proper notice of the hearing has been provided, shall not prevent the Commissioner from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
5.1.9 At the end of a hearing, where the Commissioner 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.
5.1.10 Alternatively, at the end of a hearing:
5.1.10.1 brought under Article 4.5.2:
(a) 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 Commissioner will confirm the Player or Team Official’s admission that he/she had committed an offence under the Anti-Racism Code and announce his/her decision in writing, with reasons, setting out: (a) what sanctions, if any, are to be imposed; (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;
5.1.10.2 brought under Article 4.5.3 (or where the Player or Team Official has failed to respond in a timely fashion to the Notice of Charge):
(a) the Commissioner 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 an offence under the Anti-Racism Code has been committed;
(b) where the Commissioner determines that an offence under the Anti-Racism Code 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 Commissioner will announce his/her decision in writing, with reasons, setting out: (a) the finding as to whether an offence under the Anti-Racism Code had been committed; (b) what sanctions, if any, are to be imposed; (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.
5.1.11 The Commissioner 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 5.1.10.
5.1.12 A copy of the written reasoned decision will, as soon as practicable be provided to the Player or Team Official, the Team Manager of the relevant Team and the BCCI Chief Executive Officer.
5.1.13 Subject only to the rights of appeal under Article 8, the Commissioner’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties.
5.2 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 Anti-Racism Code, 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 Chief Executive Officer and (at his/her discretion) his/her representative nominee) in relation to the alleged offence are required to attend the hearing before the Commissioner 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).
5.3 Where two or more Players or Team Officials are alleged to have committed offences under the Anti-Racism Code, 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.
5.4 Where a Player or Team Official is alleged to have committed more than one breach of the Anti-Racism Code during, or in relation to, the same Match, then all of the alleged offences may be dealt with at the same hearing.
5.5 Any failure or refusal by any Player or Team Official to provide assistance to a Commissioner in connection with any charge made pursuant to this Anti-Racism Code may constitute a separate offence (depending upon the seriousness and context of such failure or refusal) under Articles 2.1.8, 2.2.11, 2.3.3 or 2.4.4 of the Code of Conduct.
5.6 Where a Commissioner 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 Chief Executive Officer shall have the discretion to appoint another member of the Commission (who shall have had no prior involvement with the case) as a replacement to the Commissioner and all of the remaining procedure will apply accordingly.
5.7 BCCI will issue a public announcement regarding any decision of the Commissioner made under the Anti-Racism Code, 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 Anti-Racism Code and of the sanctions imposed, if any. Until such time as a public announcement is published by BCCI, 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 Commissioner or the party referred to in Article 4.4.1 or the party referred to in Article 3.1 (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.
6.1 Unless otherwise described herein, the standard of proof in all cases brought under the Anti-Racism Code shall be whether the Commissioner is comfortably satisfied, bearing in mind the seriousness of the allegation that is made, that the alleged offence has been committed. This standard of proof in all cases shall be determined on a sliding scale from, at a minimum, a mere balance of probability (for the least serious offences) up to proof beyond a reasonable doubt (for the most serious offences).
6.2 The Commissioner shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to any alleged offence under the Anti-Racism Code may be established by any reliable means, including admissions. However, all statements, submissions and/or evidence made, heard or disclosed during any part of any conciliation process pursuant to Article 4.3, shall be so made, heard or disclosed strictly (unless the relevant party agrees) on a ‘without prejudice’ basis and used for the purposes of the conciliation process only.
Accordingly, no such statements, submissions and/or evidence shall be adduced, given or accepted during any disciplinary hearing before the Commissioner without the express consent of the relevant party.
6.3 The Commissioner may draw an inference adverse to the Player or Team Official who is asserted to have committed an offence under the Anti-Racism Code based on his/her refusal, without compelling justification, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the Commissioner) and/or to answer any relevant questions.
7.1 Where a Commissioner determines that an offence under the Anti-Racism Code has been committed, he/she will be required to impose an appropriate sanction on the Player or Team Official.
7.2 In order to determine the appropriate sanction that is to be imposed in each case, the Commissioner must first consider whether the Player or Team Official has previously been found guilty of the same offence under the Anti-Racism Code or any predecessor regulations that may have applied in relation to the League (including the Code of Conduct).
7.3 Once the Commissioner has established whether this is a repeat offence, then he/she shall go on to take into account any other factors that he/she deems relevant and appropriate to the mitigation or aggravation of the nature of the offence (including, without limitation, the nature and frequency of any previous offences under the Anti-Racism Code or any predecessor regulations) before determining, in accordance with the following table, what the appropriate sanction(s) should be:
RANGE OF PERMISSIBLE SANCTIONS(FIRST OFFENCE) |
RANGE OF PERMISSIBLE SANCTIONS(SECOND OFFENCE) |
RANGE OF PERMISSIBLE SANCTIONS(THIRD (OR MORE) OFFENCE) |
The imposition of a suspension of between 4 and 8 Matches. |
The imposition of a suspension of between 8 Matches and a lifetime in respect of the League. |
The imposition of a suspension of between one (1) year and a lifetime in respect of the League. |
AND (in all cases)The mandatory requirement to undergo a programme of education/counselling designed to promote the understanding and awareness of issues directly relevant to the offence that the Player or Team Official has been determined to have committed. |
||
ARTICLE 7 SANCTIONS
7.1 Where a Commissioner determines that an offence under the Anti-Racism Code has been committed, he/she will be required to impose an appropriate sanction on the Player or Team Official.
7.2 In order to determine the appropriate sanction that is to be imposed in each case, the Commissioner must first consider whether the Player or Team Official has previously been found guilty of the same offence under the Anti-Racism Code or any predecessor regulations that may have applied in relation to the League (including the Code of Conduct).
7.3 Once the Commissioner has established whether this is a repeat offence, then he/she shall go on to take into account any other factors that he/she deems relevant and appropriate to the mitigation or aggravation of the nature of the offence (including, without limitation, the nature and frequency of any previous offences under the Anti-Racism Code or any predecessor regulations) before determining, in accordance with the following table, what the appropriate sanction(s) should be:
RANGE OF PERMISSIBLE SANCTIONS(FIRST OFFENCE) |
RANGE OF PERMISSIBLE SANCTIONS(SECOND OFFENCE) |
RANGE OF PERMISSIBLE SANCTIONS(THIRD (OR MORE) OFFENCE) |
The imposition of a suspension of between 4 and 8 Matches. |
The imposition of a suspension of between 8 Matches and a lifetime in respect of the League. |
The imposition of a suspension of between one (1) year and a lifetime in respect of the League. |
AND (in all cases)The mandatory requirement to undergo a programme of education/counselling designed to promote the understanding and awareness of issues directly relevant to the offence that the Player or Team Official has been determined to have committed. |
||
7.4 For the avoidance of any doubt:
7.4.1 the Commissioner will have no jurisdiction to adjust, reverse or amend the results of any Match;
7.4.2 where a Player or Team Official is found guilty of committing two separate Anti-Racism Code offences that do not relate to the same incident or set of circumstances arising during a Match and is sanctioned separately for each offence, then any sanctions should run cumulatively (and not concurrently);
7.4.3 where a Player or Team Official is found guilty of committing two Anti-Racism Code offences in relation to the same incident or set of circumstances during a Match and is sanctioned separately, then any sanctions imposed should run concurrently (and not cumulatively); and
7.4.4 nothing in this Anti-Racism Code shall permit plea bargaining in relation to any alleged offence committed under this Anti-Racism Code.
7.5 Where a Player or Team Official has been suspended for a fixed period of time, he/she may not play, coach or otherwise participate or be involved in any capacity in any Match(es) for any Team or in any matches representing the Franchisee (such as friendly matches or warm-up matches) or IPL Events which take place during the fixed period of his suspension. Subject to the foregoing he/she may play, coach or otherwise participate or be involved in another capacity in cricket other than (a) Matches or (b) any matches representing the Franchisee.
7.6 Where a Player or Team Official has been suspended for a number of Matches, he/she may not play, coach or otherwise participate or be involved in any capacity in any matches representing the Franchisee (such as friendly matches or warm-up matches) or IPL Events which take place during the period of his/her suspension (from the Suspension Date until the end of the day of the last Match of the suspension). Subject to the foregoing he/she may, subject to any sanction imposed by any other body, play, coach or otherwise participate or be involved in another capacity in cricket other than (a) Matches or (b) any matches representing the Franchisee.
7.7 Once any period of suspension has expired, the Player or Team Official will automatically become re-eligible to participate (in the case of a Player) or assist a Player’s participation or otherwise be involved (in the case of a Team Official) in Matches and any matches representing the Franchisee (such as friendly matches or warm-up matches) and in IPL Events provided that he/she has first; (a) completed the official programme of education/counselling to the reasonable satisfaction of the relevant programme organiser or demonstrated that he/she continues to fully participate in such programme; and (b) satisfied, in full, any award of costs made against him by any Appeal Commission pursuant to Article 8.3.5.
7.8 In imposing any suspension of any number of Matches on a Player the Commissioner or Appeal Commission shall select the Matches which are the most proximate (i.e. nearest in time) to the Suspension Date. However, where selecting the most proximate Match would result in the suspension being applied in relation to a Match in which the Player would not participate or would, at the Suspension Date, not be likely to participate in each case as a result of the Player being involved in International Duty, then the Commissioner or Appeal Commission shall in imposing the suspension choose the next most proximate Match(es).
7.9 If a Match for which a Player or Team Official has been suspended is cancelled, postponed or otherwise abandoned prior to the commencement of such Match (being the bowling of the first ball) then the Match shall not be deemed to have formed part of the suspension and the most proximate next Match shall (subject in the case of the Player to the same exception as in Article 7.8 for any Match in which the Player is unable or is not likely to be able to participate as a result of International Duty ) be deemed to be a Match to which the suspension applies. If a Match for which a Player or Team Official is suspended commences (i.e. the first ball is bowled) then that Match shall count as one of the number of Matches which is the subject of the suspension whether such Match is completed or not.
7.10 Any suspension of a fixed period of time or for a number of Matches shall commence on the Suspension Date.
7.11 The following examples (included for illustrative purposes only) have been included to seek to assist the Commissioner or Appeal Commission in applying suspensions under the Anti-Racism Code but shall not bind the Commissioner or Appeal Commission.
Example 1
Situation: Player A is suspended for 4 Matches. The Team for which the Player has played in the relevant Season has two further Matches in the Season and has not qualified for the Play-Off Matches. The Player is expected to be unavailable for the first six Matches of the Team in the following Season by reason of International Duty.
Suspension: Player A is suspended from playing in the two remaining Matches in the current Season and the seventh and eighth Matches of the Team in the next Season. If Player A moves to another Team for the next Season, he would be suspended for the seventh and eighth Matches of his new Team in the next Season.
Example 2
Situation: Player B is suspended for 5 Matches. The Team for which the Player has played in the relevant calendar year (a) has one Match remaining in the League, (b) qualifies for the Play-Off Matches as a result of its performance in that one remaining Match in the League, and (c) is eliminated after one Play-Off Match. The Player is not affected by International Duty in relation to either the remaining matches in that Season or the following Season.
Suspension: Player B is suspended for his Team’s one remaining Match in the League, the one Play-Off Match featuring his Team and the first three Matches of the following Season featuring his Team.
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.
9.1 Any hearing results or other final adjudications under the Anti-Racism Code shall be recognised and respected by BCCI and the Franchisees automatically upon receipt of notice of the same, without the need for any further formality. Each of BCCI and the Franchisees shall take all steps legally available to it to enforce and give effect to such decisions.
9.2 It shall be a condition of participation in the League that all Franchisees shall comply with the Anti-Racism Code.
10.1 The Anti-Racism Code may be amended from time to time by the BCCI, with such amendments coming into effect on the date specified by BCCI but no such change shall have retrospective effect.
10.2 The Anti-Racism Code shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes of any government or other body.
10.3 The headings used for the various Articles of the Anti-Racism Code are for the purpose of guidance only and shall not be deemed to be part of the substance of the Anti-Racism Code or to inform or affect in any way the language of the provisions to which they refer.
10.4 The Anti-Racism Code shall come into full force and effect on the date referred to at the start of this document (the “Effective Date”). It shall not apply retrospectively to matters pending before the Effective Date; provided, however, that any case pending prior to the Effective Date, or brought after the Effective Date but based on an offence that is alleged to have occurred before the Effective Date, shall be governed by the predecessor version of the Anti-Racism Code in force at the time of the alleged offence, subject to any application of the principle of lex mitior by the hearing panel determining the case.
10.5 If any Article or provision of the Anti-Racism Code is held invalid, unenforceable or illegal for any reason, the Anti-Racism Code shall remain otherwise in full force apart from such Article or provision which shall be deemed deleted insofar as it is invalid, unenforceable or illegal.
10.6 The Anti-Racism Code is governed by and shall be construed in accordance with Indian law. Strictly without prejudice to the provisions of Articles 5 and 8 of the Anti-Racism Code, disputes relating to the Anti-Racism Code shall be submitted to arbitration and conclusively resolved by a single arbitrator appointed by mutual consent or failing which by such process as is laid down in The Arbitration and Conciliation Act 1996. The parties shall share equally the costs, fees and other expenses of the single arbitrator appointed by them in accordance with The Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment then in effect.
10.7 The venue for arbitration shall be Mumbai and the arbitration shall be conducted in the English language.
10.8 The decision of the arbitrator shall be in writing and shall be final and binding upon the parties. Each party shall bear its own lawyers’ fees and charges and shall pay an equal share of the costs and expenses of such arbitration, subject always to the final award of the arbitrator as to costs.
10.9 Each of the parties hereby acknowledges and agrees that its failure to participate in arbitration proceedings in any respect or to comply with any request, order or direction of the arbitrator, shall not preclude the arbitrator proceeding with such arbitration and/or making a valid final award.
Appeal Commission. A panel of three persons appointed by BCCI from the members of the Commission, to perform the functions assigned to the Appeal Commission under the Anti-Racism Code.
BCCI. The Board of Control for Cricket in India.
BCCI Chief Executive Officer. The person appointed by BCCI from time to time to act as Chief Executive Officer (or his/her designee).
BCCI Honorary Secretary. The person appointed by BCCI from time to time to act as BCCI Honorary Secretary (or his/her designee).
Code of Conduct. The IPL’s Code of Conduct for Players and Team Officials, as amended from time to time.
Commission. The Code of Behaviour Committee of the BCCI established, amongst other things, to provide enquiries, investigations and rulings in relation to matters brought to its attention pursuant to the Anti-Racism Code.
Commissioner. The person appointed by BCCI from the Commission, to perform the functions assigned to the Commissioner under the Anti-Racism Code.
Conciliator. An expert, trained in mediation and, where possible, with specialist expertise in the area of race relations (or such other expertise as may be relevant to the nature of any alleged offence), who is appointed by the BCCI to perform the functions assigned to the Conciliator under the Anti-Racism Code.
Effective Date. As defined in Article 10.4.
Franchisee. An entity which owns and operates a Team and which has entered into a Franchise Agreement with BCCI.
Franchise Agreement. An agreement between BCCI and a third party (a Franchisee) under which such Franchisee has agreed to field a Team in the League.
ICC. The International Cricket Council.
International Duty. The participation by the Player in (i) any officially recognised International Test Match, One Day International or International Twenty20 match involving the senior national men’s cricket team representing the Player’s home country; or (ii) any tour or ICC tournament involving such cricket team which includes such international matches; or (iii) any short training camp which the Player is required to attend by his country’s national cricket board which occurs shortly before and by way of preparation for any such officially recognised international cricket match or any such tour or ICC Tournament or (iv) any other matches or commitments for the Player’s home domestic cricket team in or with which the Player is obliged to comply under the terms of the No Objection Certificate granted to the Player in relation to the relevant Season.
IPL Central Accreditation. The accreditation provided by BCCI to persons by which such persons become entitled inter alia to access to all Match venues of the IPL.
IPL Code of Conduct for Umpires. IPL’s Code of Conduct for Umpires, in force from time to time.
IPL Event. Any event or function taking place in relation to the League which is designated by BCCI as an official event or function including, without limitation, any opening ceremonies/concerts, closing ceremonies, opening dinners, closing dinners, press conferences, interviews, press launches, receptions, award dinners or ceremonies, promotional events and development clinics.
League. The Twenty20 cricket league (known at the date of adoption of this Anti-Racism Code as the VIVO Indian Premier League) which has been established by BCCI and which shall take place in March/April/May of each year (or such other time as may be determined by BCCI).
Match. Any cricket match (including any part or aspect thereof) in the League including for the avoidance of doubt the Play-Offs.
Match Referee. The person appointed by BCCI (or any other relevant party) as the official match referee for a designated Match, whether such Match Referee carries out his/her functions remotely or otherwise. Where a Match Referee is not physically present at a particular Match, he/she may be assisted in the administrative performance of his/her duties under this Anti-Racism Code by any official ‘Match Manager’ who may be appointed to officiate at such Match.
National Cricket Federation. A national or regional entity which is a member of or is recognised by the ICC as the entity governing the sport of cricket in a country (or collective group of countries associated for cricket purposes).
Notice of Charge. As defined in Article 4.4.
Player. Any cricketer who is selected to represent a Franchisee in any Match or who forms part of such Franchisee’s squad of players.
Play-Off Match.The matches which take place at the end of the Season to determine the winner, runner-up and third and fourth placed team in the League.
Report. As defined in Article 3.1.
Season. In each year the period of time during which the League shall take place.
Suspension Date. The date on which a decision is made to suspend a Player or Team Official under the Anti-Racism Code.
Team. Any team participating in the League from time to time which shall include those persons named as fielding substitutes.
Team Captain or Vice Captain.The official captain or vice-captain of any Team participating in a Match.
Click HERE for the Anti-Corruption Code as effective from March 18th, 2019.
Any information provided to the ACU is always held in strict confidence and the identity of the player/official is always protected.
ACU Hotline: +91 7506003000 (Call/SMS/WhatsApp)
Email: integrity@bcci.tv
The Board of Control for Cricket in India (BCCI) is committed to upholding the highest standards of fair play, integrity, and sportsmanship. To protect the sanctity of the game, we have zero tolerance for doping. This harmful practice not only jeopardizes the health and well-being of athletes but also undermines the fundamental principles of competition.
In line with World Anti-Doping Agency (WADA) guidelines, the BCCI has established a comprehensive anti-doping program. This initiative encompasses rigorous testing, education, and awareness campaigns to foster a doping-free environment. Our goal is to ensure a level playing field for all cricketers, allowing them to showcase their exceptional skills and dedication to the game.
Together, let us promote a culture of clean and honest cricket, inspiring future generations of athletes and fans alike. By upholding the spirit of fair competition, we can safeguard the integrity of the game and preserve the values that make cricket a beloved sport worldwide.
BCCI Anti-Doping Helpline: +91 9890090318
Click HERE to download.
Click HERE to download
Click HERE to download
Click HERE to download
The BCCI is committed to upholding the integrity of cricket, guided by the MCC Laws of Cricket. These laws embody the principles of fair play, sportsmanship, and competitiveness, ensuring a level playing field for all.
We urge players, officials, and stakeholders to familiarize themselves with these laws, which are essential to maintaining the spirit of the game.
By embracing the MCC Laws, we preserve cricket's rich heritage, timeless values, and the trust of our fans, inspiring generations to come.
