Chennai Super KingsAnti Corruption Policy
THE DISCIPLINARY PROCEDURE
5.1 Hearings under this Anti-Corruption Code
5.1.1 Where the Designated Anti-Corruption Official (or his/her designee) alleges that a Participant has committed an offence under this Anti-Corruption Code, and the Participant denies the allegation, and/or disputes the sanctions to be imposed for such offence under this Anti-Corruption Code, then the matter shall be referred to the Chairman of the BCCI Disciplinary Committee
5.1.2 The Chairman of the BCCI Disciplinary Committee shall:
5.1.2.1 determine the date(s) upon which the full hearing shall be held. Save in exceptional circumstances or where the parties otherwise agree, the full hearing should take place no longer than sixty (60) days after the receipt by the Participant of the Notice of Charge;
5.1.2.2 make such order as the Chairman of the BCCI Disciplinary Committee shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties.
5.1.3 If, because of a legitimate objection or for any other reason, a member of the BCCI Disciplinary Committee is, or becomes, unwilling or unable to hear the case, then the Chairman of the BCCI Disciplinary Committee may, at his/her absolute discretion: (a) appoint a replacement member of the BCCI Disciplinary Committee; or (b) authorise the remaining members of the BCCI Disciplinary Committee to hear the case on their own.
5.1.4 Subject to Article 7 and the discretion of the Chairman of the BCCI Disciplinary Committee to order otherwise for good cause shown by either party and unless otherwise agreed between the parties, hearings before the BCCI Disciplinary Committee shall be conducted on a confidential basis.
5.1.5 Each of the Designated Anti-Corruption Official (or his/her designee),the Participant has the right to be present and to be heard at the hearing and (at his/her or its own expense). Where there is compelling justification for the non-attendance by any party at the hearing, then such party shall be given the opportunity to participate in the hearing by telephone or video conference (if available).
5.1.6 Without prejudice to Article 3.2.2, the Participant may choose not to appear in person at the hearing, but instead provide a written submission for consideration by the BCCI Disciplinary Committee, in which case the BCCI Disciplinary Committee shall consider the submission in its deliberations. However, the non-attendance of the Participant at the hearing, after proper notice of the hearing has been provided, without compelling justification, shall not prevent the BCCI Disciplinary Committee from proceeding with the hearing in his/her absence, whether or not any written submissions are made on his/her behalf.
5.1.7 The procedure to be followed at the hearing shall be at the discretion of the Chairman of the BCCI Disciplinary Committee, provided that the hearing is conducted in a manner that offers the Participant a fair and reasonable opportunity to present evidence , address the BCCI Disciplinary Committee and present his/her case.
5.1.8 For the avoidance of any doubt, where two or more Players or Player Support Personnel are alleged to have committed offences under this Anti-Corruption 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.
5.2 Decisions of the BCCI Disciplinary Committee
5.2.1 The BCCI Disciplinary Committee shall announce its decision in writing, with reasons, as soon as reasonably practicable after the conclusion of the hearing. That written decision will set out and explain:
5.2.1.1 with reasons, the BCCI Disciplinary Committee's findings as to whether any offence(s) under this Anti-Corruption Code has/have been committed;
5.2.1.2 with reasons, the BCCI Disciplinary Committee's findings as to what sanctions, if any, are to be imposed (including any fine and/or period of Ineligibility);
5.2.1.3 with reasons, the date that such period of Ineligibility shall commence pursuant to Article 6.4; and
Any such written decision (with reasons) will be provided to the Participant, the Designated Anti-Corruption Official (or his/her designee).
5.2.2 The BCCI Disciplinary Committee shall have discretion to announce the substance of its decision to the parties prior to the issue of the written reasoned decision referred to in Article 5.2.1 in cases where a Suspension has been imposed or where it otherwise deems appropriate. For the avoidance of doubt, however the BCCI Disciplinary Committee shall still be required to issue a written, reasoned decision in accordance with Article 5.2.1.
5.2.3 The BCCI Disciplinary Committee's decision shall be the full, final and complete disposition of the matter and will be binding on all parties.