DEFINITIONS AND INTERPRETATION
1. In this Code:
Appeal Panel means a panel of three persons appointed by CLT20 from the members of the CLT20 Code of Behaviour Commission to perform the functions assigned to the Appeal Panel under the Code of Behaviour.
Brand Guidelines means any brand guidelines approved by CLT20 from time to time.
Executive Officer of CLT20 means the person holding that position from time to time (including any person acting in that position).
CLT20 means the international Twenty20 cricket competition known as the Champions League 2020.
CLT20 Code means the CLT20 Code of Behaviour for Players and Officials, CLT20 Qualification Rules and CLT20 Clothing and Equipment Regulations, each as amended from time to time and including all rules and regulations annexed to the same, referred to therein or made in accordance with the same.
CLT20Playing Conditions means the Twenty20 Match playing conditions approved by CLT20 for the Event (as amended from time to time).
Commission means the Code of Behaviour Commission established by Section II of this Code.
Commissioner means a Code of Behaviour Commissioner appointed under Section II of this Code.
Director of Cricketof CLT20 means the person holding that position from time to time (including any person acting in that position).
Director of Legal and Business Affairs of CLT20 means the person holding that position from time to time (including any person acting in that position) or his/her designee.
Event means CLT20 along with all Matches, Functions, awards and ceremonies to be held in connection with that tournament.
Event Format means the programme of Matches and Functions to comprise the Event including the draw of the Teams, Stadia and dates of each Match, as set by CLT20.
Function means any event or function taking place in relation to the Event which is designated by CLT20 as an official event or function including, without limitation, any opening ceremonies, closing ceremonies, opening dinners, closing dinners, press conferences, interviews, press launches, receptions, award dinners or ceremonies, promotional events, training sessions and development clinics
Match means a cricket match forming part of the Event (including warm-up matches forming part of the Event Format for the Event) which shall be played in accordance with the CLT20 Playing Conditions, CLT20 Code and the terms of the Team Participation Agreement.
Match Referee means the independent person appointed by CLT20 as the official match referee for a designated Match.
National Cricket Board means a national or regional entity which is a member of or is recognised by CLT20 as the entity governing the sport of cricket in a country (or collective group of countries associated for cricket purposes).
Official means:
(a) any person, not being Player, who is employed by, is an agent of, represents or is affiliated to a Team or the Event, including, without limitation, Team owners, Team managers, Team coaches, Team doctors, Team physiotherapists and Team selectors, as well as venue and ground officials and staff (including curators) and any non-Player that is a member of the Squad;
(b) an Umpire of a Match; or
(c) the Match Referee of a Match.
Player means any player in a Squad.
Stadium means the whole of the premises of any stadium, ground or place at which any Match is scheduled to be played (as named in the Event Format) and/or, as the context may require, any other stadium or ground (including any training ground) that may be selected or approved by CLT20 for any Match; and "Stadia" shall be construed accordingly.
Squad means the Team's squad of fifteen (15) Players (or such other lesser number as may be notified to Team by CLT20 in relation to the Event) selected in accordance with the criteria set out in this Agreement together with non-playing members of the squad, being the three (3) Team Officials and five (5) Support Staff (if any).
Team means the team of Players selected by the Team for any Match and any associated Officials.
Team Captain means the official captain of any Team participating in a Match.
Team Manager means the official manager of any Team participating in a Match
Team Official means any of the people identified in paragraph (a) of the definition of "Official", who act as a Team Official (including, without limitation), the manager, member of the coaching, fitness or medical staff of a Team.
Team Participation Agreement means the Team Participation Agreement entered into between the Board of Control for Cricket in India and a Team relating to the CLT20.
Umpire means any Umpire (including any third or other Umpires) appointed to official a Match.
2. In the interpretation of this Code:
1. a construction that would promote the purpose or object underlying the Code must be preferred to a construction that would not promote that purpose or object;
2. consideration may be given to any matter or document that is relevant; and
3. words in the singular include the plural and vice versa.
3. This Code applies to conduct on the field of play (in respect of any Match) and off the field of play (in respect of the Event, including (without limitation) Functions) and shall apply to:
(a) Players; and
(b) Officials.
SECTIONI
A - Rules of Conduct - Offences and Penalties
1. Players and/or Officials shall at all times conduct play within the spirit of the game as well as within the Laws of Cricket and the Captains are responsible at all times for ensuring that this is adhered to (Section V deals with the application of and penalties for breach of this Rule).
2. Players and/or Officials shall at no time engage in conduct unbecoming to their status which could bring them or the game of cricket into disrepute (Section V deals with the application of and penalties for breach of this Rule).
3. Players and/or Officials shall be required to report to their Captain and/or Team Manager or to a senior CLT20 official or to the CLT20 Anti Corruption and Security Unit any approach made to them by a bookmaker or any other corrupt approach or knowledge of such approach made to any other Player or Official.
4. Players and/or Officials shall not bet on cricket matches nor otherwise engage in any conduct of the nature described in the paragraphs below and, for conduct in breach of this Rule, the penalties to be considered are set out after the description of such conduct in each such paragraph.
1. Bet on any Match or on any event (including (without limitation) the Event) connected with any Match or series of Matches (each a "Cricket Event"), in which such Player or Official took part or in which the cricketing team of any such individual was represented
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum period of 5 years for any such individual. In addition a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
2. Induced or encouraged any other person to bet on any Cricket Event or to offer the facility for such bets to be placed
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum period of 5 years for any such individual if the Commission is satisfied that the bet was placed directly or indirectly for the benefit of the individual against whom the charge was found. Otherwise, a ban for a minimum period of 12 months from participating in the Event. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
3. Gambled or entered into any other form of financial speculation on any Cricket Event
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum period of 5 years for any such individual. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
4. Induced or encouraged any other person to gamble or enter into any other form of financial speculation on any Cricket Event
Penalty:
Ban from participating in the Event for a minimum period of 2 and a maximum period of 5 years for any such individual if the Commission is satisfied that the bet was placed directly or indirectly for the benefit of the individual against whom the charge was found. Otherwise, a ban for a minimum period of 12 months from participating in the Event. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
5. Was a party to contriving or attempting to contrive the result of any match or the occurrence of any Cricket Event
Penalty:
Ban from participating in the Event for life*.
6. Failed to perform on his merits in any match owing to an arrangement relating to betting on the outcome of any match or on the occurrence of any Cricket Event
Penalty:
Ban from participating in the Event for life*.
7. Induced or encouraged any other Player not to perform on his merits in any match owing to any such arrangement
Penalty:
Ban from participating in the Event for life*.
8. Received from another person any money, benefit or other reward (whether financial or otherwise) for the provision of any information concerning the weather, the teams, the state of the ground, the status of, or the outcome of, any match or the occurrence of any Cricket Event unless such information has been provided to a newspaper or other form of media in accordance with an obligation entered into in the normal course and disclosed in advance to CLT20
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum period of 5 years for any such individual if the Commission is satisfied that the information was given for a bet to be placed directly or indirectly for the benefit of the individual against whom the charge was found. Otherwise, a ban for a minimum period of 12 months from participating in the Event. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
9. Received any money, benefit or other reward (whether financial or otherwise) which could bring him or the game of cricket into disrepute
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum ban for life*. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
10.Provided any money, benefit or other reward (whether financial or otherwise) which could bring the game of cricket into disrepute
Penalty:
Ban from participating in the Event for a minimum period of 2 years and a maximum ban for life*. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
11. Received any approaches from another person to engage in conduct such as that described in any of the above paragraphs (i) to (x) and has failed to disclose the same to his Captain or to his Team Manager, or to CLT20 or to the CLT20 Anti Corruption and Security Unit
Penalty:
Ban from participating in the Event for a minimum period of one year and a maximum period of 5 years for any such individual. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
12. Is aware that any other Player or individual has engaged in conduct, or received approaches, such as described in (i) to (xi) above, and has failed to disclose the same to his Captain or to his Team Manager, or to CLT20 or to the CLT20 Anti Corruption and Security Unit
Penalty:
Ban from participating in the Event for a minimum period of one year and a maximum period of 5 years for any such individual. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
13. Has received, or is aware that any person has received, threats of any nature which might induce him to engage in conduct, or acquiesce in any proposal made by an approach, such as described in paragraphs (i) to (xii) above, and has failed to disclose the same to his Captain or to his Team Manager, or to CLT20 or to the CLT20 Anti Corruption and Security Unit
Penalty:
Ban from participating in the Event for a minimum period of one year and a maximum period of 5 years for any such individual. In addition a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstances.
14. Has engaged in any conduct which, in the opinion of CLT20, relates directly or indirectly to any of the above paragraphs (i) to (xiii) and is prejudicial to the interests of the game of cricket
Penalty:
Ban from participating in the Event for a minimum period of one year and a maximum period of 5 years for any such individual. In addition, a fine may be imposed, the amount of which shall be unlimited and left to be assessed in the light of the actual circumstance.
* The penalty of a ban for life shall mean a ban for a minimum period of 20 years and the use of the expression "ban for life" in the regulations on penalties for match fixing, betting, gambling etc. shall be read and construed accordingly.
5. A valid defence may be made to a charge in respect of any prohibited conduct set out in paragraphs (xi) to (xiii) of Rule A4 above (as applicable to the person in question) if that person proves that this conduct was the result of an honest and reasonable belief that there was a serious threat to the life or safety of himself or any member of his family.
6. Players and/or Officials shall not use or in any way be concerned in the use or distribution of illegal drugs. For the avoidance of doubt illegal drugs shall mean those drugs which are classified as unlawful in the Player's or Official's home country or in the country in which he is touring. Any such conduct prohibited by this clause shall constitute behaviour prohibited under Rule A2 above and shall be dealt with as such. Players and Officials shall also be subject to any doping policy which is applied by their National Cricket Federation and such policies which are introduced for CLT20 from time to time. Any breach of such doping policy shall be dealt with under the terms of such policy itself and not under this Code.
B. Rules of Conduct - Offences and Penalties - (supplemental)
Level 1
The Offences set out at 1.1 to 1.7 below are Level 1 Offences. The penalty for a Level 1 Offence shall be an official reprimand and/or a fine up to a maximum of US$2000.
1.1 Breach of the CLT20 Clothing and Equipment Regulations and/or any Brand Guidelines sanctioned by CLT20 for the Event.
Guidelines:
Self explanatory.
1.2 Abuse of cricket equipment or clothing, ground equipment or fixtures and fittings.
Guidelines:
Includes actions outside the course of normal cricket actions such as hitting or kicking the wickets and actions which intentionally or negligently result in damage to the advertising boards, boundary fences, dressing room doors, mirrors, windows and other fixtures and fittings.
1.3 Showing dissent at an umpire's decision.
Guidelines:
Includes excessive, obvious disappointment with an umpire's decision, an obvious delay in resuming play or leaving the wicket, shaking the head, pointing or looking at the inside edge when given out lbw, pointing to the pad or rubbing the shoulder when caught behind, snatching the cap from the umpire, requesting a referral to the TV umpire, a bowler or fielder arguing or entering into a prolonged discussion with the umpire about his decision.
1.4 Using language that is obscene, offensive or insulting and/or the making of an obscene gesture.
Guidelines:
This includes swearing and obscene gestures which are not directed at anotherperson such as swearing in frustration at one's own poor play or fortune. This offence is not intended to penalise trivial behaviour. The extent to which such behaviour is likely to give offence shall be taken into account when assessing the seriousness of the breach.
1.5 Excessive appealing.
Guidelines:
Excessive shall mean repeated appealing when the bowler/fielder knows the batsman is not out with the intention of placing the umpire under pressure. It is not intended to prevent loud or enthusiastic appealing. However, the practice of celebrating a dismissal before the decision has been given may also constitute excessive appealing.
1.6 Pointing or gesturing towards the pavilion in an aggressive manner by a bowler or other member of the fielding side upon the dismissal of a batsman.
Guidelines:
Self explanatory.
1.7 Public criticism of, or inappropriate comment on a Match related incident, Match official, the Event, CLT20 or a Function.
Guidelines:
Without limitation, Players and Officials will breach this rule if they publicly criticise the Match Officials or denigrate a Player or Team against which they have played in relation to incidents which occurred in a Match. When assessing the seriousness of the breach, the context within which the comments have been made and the gravity of the offending comments must be taken into account.
Note: In accordance with Rule 4(a) of Section V any repeat of the same Level 1 offence in the same year's Event will for the purposes of penalty only be regarded as a Level 2 offence.
Level 2
The Offences set out at 2.1 to 2.11 below are Level 2 Offences. The Penalty for a Level 2 Offence (other than the Offence set out in 2.11 below, in respect of which the penalties specified in Rule C of Section I below shall apply) shall be a ban for the Player or Official concerned of 1 or 2 Matches.
2.1 Showing serious dissent at an umpire's decision.
Guidelines:
Dissent, including the examples given in 1.3 above will be classified as serious when the conduct contains an element of anger or abuse which is directed at the umpire or the umpire's decision or where there is excessive delay in resuming play or leavingthe wicket.
2.2 Serious breach of the CLT20 Clothing and Equipment Regulations and/or any Brand Guidelines sanctioned by CLT20 for the Event.
Guidelines:
Without limitation, a breach will be considered serious if it is done in bad faith or where it has serious commercial consequences (e.g. the display of a logo of a competitor of a CLT20 partner).
2.3 Serious public criticism of, or inappropriate comment on a Match related incident, a Match official, the Event, CLT20 or a Function.
Guidelines:
Without limitation, Players and Officials will breach this rule if they publicly criticise the Match Officials or denigrate a Player or Team against which they have played in relation to incidents which occurred in a Match. When assessing the seriousness of the breach, the context within which the comments have been made and the gravity of the offending comments must be taken into account.
2.4 Inappropriate and deliberate physical contact between Players and/or Officials in the course of a Match.
Guidelines:
Without limitation, Players and/or Officials will breach this regulation if they deliberately collide with or shoulder another Player.
2.5 Charging or advancing towards the umpire in an aggressive manner when appealing.
Guidelines:
Self explanatory.
2.6 Deliberate and malicious distraction or obstruction on the field of play.
Guidelines:
Self explanatory.
2.7 Throwing the ball at or near a Player, umpire or Official in an inappropriate and/or dangerous manner.
Guidelines:
This regulation will not prohibit a fielder or bowler from returning the ball to the stumps in the normal fashion.
2.8 Using language that is obscene, offensive or of a seriously insulting nature to another Player, umpire, referee, Team Official or spectator. (It is acknowledged that there will be verbal exchanges between Players in the course of play. Rather than seeking to eliminate these exchanges entirely, umpires will look to lay charges when this falls below an acceptable standard. In this instance, language will be interpreted to include gestures).
Guidelines:
This is any language or gesture which is directed at another person or persons. In exercising his judgment as to whether the behaviour has fallen below an acceptable standard, the umpire seeking to lay a charge shall be required to take into account the context of the particular situation and whether the words or gesture are likely to:
This offence is not intended to penalise trivial behaviour. The extent to which such behaviour is likely to give offence shall be taken into account when assessing the seriousness of the breach.
2.9 Changing the condition of the ball in breach of Law 42.3 as read with Standard Twenty20 International Match Playing Conditions clause 42.1 (this supplements and does not replace the provisions of the Laws of Cricket and Standard Twenty20 International Match Playing Conditions).
Guidelines:
Prohibited behaviour includes (without limitation) picking the seam, deliberately throwing the ball onto the ground for the purpose of roughening it up, applying any artificial substance to the ball, scratching the surface of the ball with finger or thumb nails or any implement and the application of moisture to the ball, save for perspiration and saliva to polish the ball.
The umpires shall use their judgment to apply the principle that actions taken to maintain or enhance the condition of the ball, provided no artificial substances are used, shall be permitted. Any actions taken with the purpose of damaging the condition of the ball or accelerating the deterioration of the condition of the ball shall not be permitted.
2.10 Without limiting Rule A4 of Section I, any attempt to manipulate a match in regard to the result, net run rate, bonus points or otherwise. The Captain of any Team guilty of such conduct shall be held responsible.
Guidelines:
Self explanatory.
2.11 Failure by a Captain to ensure that his team meets the minimum over rate requirements as contained in Rule C of Section I below to the extent as set out in paragraph 5(b)(iii) thereof.
Guidelines:
Subjective intent on behalf of the Captain to waste time is not required. It is sufficient to establish that the required over rate was not met. To avoid liability under this offence the Captain would need to establish that the shortfall was due to factors beyond his control and that the time allowances permitted by the match officials in calculating the required over rate were not sufficient. The presence or absence of subjective intent and the extent of the shortfall shall be relevant in relation to the issue of penalty.
Note: In accordance with Rule 4(a) of Section V any repeat of the same Level 2 offence (other than the Offence set out in 2.11 above) in the same year's Event will for the purposes of penalty only be regarded as a Level 3 offence
Level 3
The Offences set out at 3.1 to 3.3 below are Level 3 Offences. The penalty for a Level 3 Offence shall be a ban for the Player or Official concerned of between 4 and 8 Matches.
3.1 Intimidation of an umpire or Referee whether by language or conduct.
Guidelines:
Includes appealing in an aggressive or threatening manner.
3.2 Threat of assault on another Player, Official or spectator.
Guidelines:
Self explanatory.
3.3 Using language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, gender, colour, descent or national or ethnic origin.
Guidelines:
In assessing the seriousness of a breach the degree to which the behaviour was likely to give offence (to the ordinary person) and whether it was directed specifically towards any person or persons shall be taken into account.
Note: In accordance with Rule 4(a) of Section V any repeat of the same Level 3 offence in the same year's Event will for the purposes of penalty only be regarded as a Level 4 offence
Level 4
The Offences set out at 4.1 to 4.4 below are Level 4 Offences. The Penalty for a Level 4 Offence shall be a ban of 10 Matches up to a life ban for the Player or Official concerned.
4.1 Threat of assault on an umpire or referee.
Guidelines:
Self explanatory.
4.2 Physical assault of another Player, Official or spectator.
Guidelines:
Self explanatory.
4.3 Any act of violence on the field of play.
Guidelines:
Self explanatory.
4.4 Using language or gestures that seriously offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, gender, colour, descent or national or ethnic origin.
Guidelines:
Self explanatory.
Note:
5.1 Nothing in this Code of Conduct alters the onus on the Captain to ensure that the Spirit of the Game is adhered to as stated and defined in the preamble to the Laws of Cricket.
C. MINIMUM OVERS RATE
1. The minimum over rate to be achieved by the fielding Team in Matches shall be as prescribed in the CLT20 Playing Conditions in force from time to time.
2. In calculating the minimum over rate for a Match, as determined by the CLT20 Playing Conditions in force from time to time, the following time allowances shall be made:
2.1. the actual time taken where treatment is given by authorised medical personnel to a Player on the field of play; and
2.2. the actual time taken for a Player to leave the field of play in the event of a serious injury;
2.3 the actual time taken for third umpire referrals;
2.4 the actual time lost due to any other circumstances beyond the control of the Players.
3. The over-rate will be calculated at the end of the Match by the umpires. If the overrate is calculated as being under the minimum over rate required by CLT20 Playing Regulations the following shall apply:
3.1 as soon as reasonably practicable the umpires shall inform the Match Referee that the CLT20 Playing Conditions may have been breached;
3.2 if, after consultation with the umpires, the Match Referee is of the opinion that the minimum over rate was not achieved by the fielding Team by reason of events beyond its control, including (but not limited to) time wasting by the batting Team, the Match Referee shall be entitled to amend the over rate calculation as he deems appropriate;
3.3 the Match Referee shall as soon as reasonably practicable inform the Captain and/or Team Manager that the CLT20 Playing Conditions have been breached and that the prescribed sanctions in accordance with Rule C4(b) of Section I below shall be applied; and
3.4 in the event of the Match Referee being of the opinion that the conduct of the batting Team has prevented the fielding Team from bowling the minimum over rate, the Match Referee is entitled to impose a fine on the batting Team, the maximum fine that can be imposed being one in accordance with Rule C4 of Section I below.
4. Sanction
1. No sanction may be imposed in respect of minimum over rates in a Match in the event of the batting Team being bowled out within the time determined for that innings under the CLT20 Playing Conditions.
2. Having determined, at the end of a Match, the over rates applicable, in the event of the over rate being below that required by CLT20 Playing Conditions in force from time to time the Match Referee shall (subject to Rule C3(b) immediately above) impose the following sanctions at the end of the Match:
2.1 for each of the first 5 overs short of the minimum overs required a fine of US$750 per Player in the fielding side (excluding the 12th Man) other than the Captain, in respect of whom the fine shall be US$1500 for each over;
2.2 for the sixth and any subsequent over short of the minimum overs required a fine which shall be the greater of US$1500 per Player in the fielding side (excluding the 12th Man) other than the Captain, in respect of whom the fine shall be US$3000 for each over; and
2.3 if the over rate is more than 2 overs short of the minimum overs required in a Match, the Captain will be charged under Rule B2.11 of Section I above. In the event of the Captain being found guilty of a charge under this Rule, in addition to the fine imposed under paragraphs (b)(i) and (ii) of Rule C4 immediately above, the Captain shall receive a ban of 1 Match for the second such offence in the same year's Event, a ban of 2 Matches for the third such offence in the same year's Event, and a ban of 3 Matches for the fourth and each subsequent such offence in the same year's Event.
3. If at the hearing held under paragraph 2.3 immediately above, the Match Referee should find that the over rate calculation for the match should be amended, the fines imposed under paragraphs 2.1 and 2.2 immediately above should be adjusted accordingly.
SECTION II: THE CLT20 CODE OF BEHAVIOUR COMMISSION AND MATCH REFEREES
Establishment
1. A CLT20 Code of Behaviour Commission (the Commission) is established.
Powers
2. The Commission is empowered to:
1. hear and decide certain reports and appeals brought under this Code and penalise any breaches; and
2. deal with any other matter referred to it by CLT20.
Membership
3. The Commission will consist of 5 Commissioners.
4. CLT20 will appoint the Commissioners.
5(a) Subject to paragraphs (b), (c) and (d) below, any report of a Level 1 or Level 2 Offence including breaches of Rules A1 and A2 of Section I that are designated as Level 1 or Level 2 will be heard and determined by the relevant Match Referee.
5(b) Subject to paragraphs (c) and (d) below, any report alleging the occurrence of a Level 3 or Level 4 Offence including breaches of Rules A1 or A2 of Section I that are designated as Level 3 or Level 4, and any report of a breach of Level A4 of Section I will be heard and determined by any one (1) Commissioner nominated by the Director of Legal and Business Affairs of CLT20.
5(c) Any appeal from:
(i) a decision of a Match Referee with regards to a Level 2 Offence;
(ii) a decision of a single Commissioner with regards to a Level 3 or Level 4 Offence; or
(iii) a decision of a single Commissioner with regards to a breach of Rule A4 of Section 1,
will in all instances be heard and determined by an Appeal Panel nominated by the Director of Legal and Business Affairs of CLT20. A Commissioner whose decision is the subject of appeal may not participate in hearing the appeal.
5(d) Subject to the provisions of this Code, the Director of Legal and Business Affairs of CLT20 will be responsible for determining which Commissioner(s) will hear a particular report or complaint or, in the event of any report alleging the occurrence of a Level 1 or Level 2 Offence by a Match Referee, for determining which other Match Referee or Commissioner will hear that report.
Register
6. The Director of Legal and Business Affairs of CLT20 must maintain a register of all reports of alleged breaches of this Code. The register must record the outcome of any hearings and appeals including any penalty imposed. The register is to be available to Match Referees and the Commission (including the Appeal Panel) for the purpose of assisting it in fixing any penalty for a breach of this Code. No reference may be made to the register prior to the making of a finding of guilt or innocence.
Address of Commission
7. The address of the Commission for the purposes of the lodging of documents pursuant to this Code shall be the address for the time being of CLT20, which is currently Cricket Centre, Wankhede Stadium, Mumbai 400 20, marked to the attention of the Director of Legal and Business Affairs of CLT20.
SECTION III: REPORTS
1. Subject to Rule 2 below, an alleged breach of the Code may be reported by any:
1.1 Player participating; or
1.2 Team manager participating; or
1.3 Umpire officiating; or
1.4 Match Referee officiating (provided it is a Level 3 Offence or Level 4 Offence (including a breach of Rule A1 or A2 of Section I designated as such) that he is alleging has been committed),
in each case in the Match in connection with which the alleged breach occurs; or
1.5 the Team manager or CEO of either of the two Teams whose representative teams participated in the Match during, or in relation to which the alleged offence was committed; or
1.6 the Chief Executive Officer or the Director of Cricket of CLT20.
2. An alleged breach of Rule A4 of Section I may only be reported by the Chief Executive Officer or the Director of Cricket of CLT20.
3. Any report of an alleged breach of the Code must be made in writing on a form approved by CLT20 (the Form). The Form must be signed and dated by the person lodging the report and must specify the offence and the level of the offence that is alleged to have been committed. Prior to the start of each Match, CLT20 will ensure that all officiating umpires (including the Match referee) are provided with at least five (5) copies of the Form. CLT20 will also ensure that an electronic copy of the Form is posted on its official website (currently www.clt20.com) for use, if necessary, by any person designated under Rule 1 or Rule 2 immediately above.
4. Where the Form is lodged by any of the individuals described in Section III, Rule 1(a)(i), (ii) or (iii) or Rule 1 (b) in relation to:
(a) a Level 1 Offence or a Level 2 Offence that is alleged to have been committed on the field of play during an a Match, then the Form must be lodged with the Match Referee within eighteen (18) hours of the close of the day's play in the relevant Match or prior to the start of the next match in which the reported person's Team is participating, whichever is the sooner; or
(b) a Level 1 Offence or a Level 2 Offence that is alleged to have been committed at any time or place other than on the field of play then the Form must be lodged with the Match Referee (or the Director of Legal and Business Affairs of CLT20 in the event it is the Match Referee who is alleged to have committed the offence) as soon as reasonably practicable, and in any event, no later than forty-eight (48) hours (where the Form is lodged by an Umpire) or eighteen (18) hours (where the Form is lodged by the Team Manager or CEO of either of the two Teams after either: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Form; or
(c) a Level 3 Offence or a Level 4 Offence that is alleged to have been committed, then the Form must be lodged with the Director of Legal and Business Affairs of CLT20 as soon as reasonably practicable (and in any event no later than thirty-six (36) hours) after either: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Form.
5. Where the Form is lodged by the individual described in Schedule III, Rule 1(c) or Rule 2 in relation to:
(a) a Level 1 Offence or a Level 2 Offence that is alleged to have been committed at any time or place (whether on the field of play or otherwise), then the Form must be lodged with the Match Referee (or the Director of Legal and Business Affairs of CLT20 in the event it is the Match Referee who is alleged to have committed the offence) within twenty-four (24) hours of either (a) the commission of the alleged offence or (b) the time at which the alleged offence was brought to the attention of the person lodging the Form; or
(b) a Level 3 Offence or a Level 4 Offence or any alleged breach of Rule A4 of Section I, that is alleged to have been committed at any time or place (whether on the field of play or otherwise), then the Form must be lodged with the Director of Legal and Business Affairs of CLT20 as soon as reasonably practicable (and in any event no later than thirty-six (36) hours) after: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Form.
6. Where the Form is lodged by the individual described in Section III, Rule 1(a)(iv) in relation to a Level 3 Offence or a Level 4 Offence that is alleged to have been committed, then the Form must be lodged with the Director of Legal and Business Affairs of CLT20 as soon as reasonably practicable (and in any event no later than thirty-six (36) hours) after: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Form.
7. Where it is alleged that a Player or Official has committed more than one offence under the Code during, or in relation to a (whether arising out of the same set of facts or otherwise), then a separate report on a Form should be filed in accordance with this Section III for each of the offences that are alleged to have been committed.
8. Level 1 Offences and Level 2 Offences - Notification Procedures
(a) Where a Match Referee receives a Form lodged under Rule 4(a) or (b) or 5(a) of Section III, he/she must promptly provide a copy of the Form together with the information described in paragraph (b) below (together with the Form, the "Notice of Change"), to the following individuals:
(i) the Player or Official named in the Form or, where appropriate in the case of an offence under either Level 2.9 (changing the condition of the ball), Level 2.10 (manipulating a Match), or 2.11 (failure to meet minimum over rates), the relevant Team Captain; and
(ii) the Team Manager of the relevant Player or Official named in the Form; and
(iii) the CEO of the Team to which the relevant Player or Official is affiliated; and
(iv) the Director of Legal and Business Affairs of CLT20.
(b) The Notice of Charge shall specify that the Player or Official shall have the following options:
(i) 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 the Match Referee's discretion, but at all times within the appropriate range for the level of offence as specified by this Code), in which case a hearing before the Match Referee shall not be required and no further action shall be taken, save that the CLT20 shall promptly issue a public statement confirming: (a) the commission of an offence under the Code; and (b) the imposition of the applicable sanction specified in the Notice of Charge; or
(ii) 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 Section IV below; or
(iii) he/she may deny the offence charged, in which case the matter shall proceed to a hearing in accordance with Section IV below.
(c) Notwithstanding anything in paragraphs (a) and (b) above, in the event the Level 1 or Level 2 Offence is alleged to have been committed by the Match Referee, then the reference in paragraph (a) above to "Match Referee" shall be substituted with the words "the Director of Legal and Business Affairs of CLT20" and the reference in paragraph (b) above to "Match Referee's" shall be substituted with the words "such Match Referee's or Commissioner's - as nominated by the Director of Legal and Business Affairs of CLT20 in his absolute discretion -" and the reference in paragraph (b) above to "Match Referee" shall be substituted with the words "such Match Referee or Commissioner - as nominated by the Director of Legal and Business Affairs of CLT20 in his absolute discretion -".
9. Level 3 Offences, Level 4 Offences - Notification Procedures
(a) Where the Director of Legal and Business Affairs of CLT20 receives a Form lodged under Rules 4(c), 5(b) or 6 of Schedule III, he/she must promptly conduct a review to determine whether the Player or Official named in the Form has a case to answer.
(b) If the initial review of the Form reveals that there is no case to answer, then the CLT20 shall notify the Player or Official (and his/her Team) of that fact, and the matter shall not proceed any further.
(c) If the initial review of the Form reveals that there is a case to answer, then CLT20 shall promptly provide a copy of the Form, together with the information in paragraph (c) below (such documents comprising the "Higher Level Notice of Charge") to the following individuals:
(i) the Player or Official named in the Form, or, where appropriate in the case of an offence under either Level 2.9 (changing the condition of the ball), Level 2.10 (manipulating an International Match), or Level 2.11 (failure to meet minimum over rates), the relevant Team Captain; and
(ii) the Team Manager of the relevant Player or Official named in the Form; and
(iii) the CEO of the Team to which the relevant Player or Official is affiliated.
(d) The Higher Level Notice of Charge shall specify that the Player or Official shall have the following options:
(i) he/she may admit the offence charged and accede to the proposed sanction specified in the Higher Level Notice of Charge (which sanction shall be strictly at CLT20's discretion, but at all times within the appropriate range for the level of offence), in which case a hearing before the Commission shall not be required and no further action shall be taken, save that CLT20 shall promptly issue a public statement confirming: (a) the commission of an offence under this Code; and (b) the imposition of the applicable sanction specified in the Higher Level Notice of Charge; or
(ii) he/she may admit the offence charged but dispute the proposed sanction specified in the Higher Level Notice of Charge, in which case the matter shall proceed to a hearing in accordance with Section IV below; or
(iii) he/she may deny the offence charged, in which case the matter shall proceed to a hearing in accordance with Section IV below.
10. A report (i.e., via the Form) may be withdrawn at any time.
SECTION IV: THE DISCIPLINARY PROCEDURE
1. Where a matter proceeds to a hearing:
(a) subject to paragraph (b) below, under Rule 8(b)(ii) or (iii) of Section III, then the case shall be referred to the Match Referee for adjudication in accordance with the procedure described in Rule 2 below; or
(b) under Rule 8(b)(ii) or (iii) of Section III, but the hearing relates to an alleged offence committed by a Match Referee, then the case shall be referred to another Match Referee or a Commissioner as determined by the Director of Legal and Business Affairs of CLT20 in his or her absolute discretion, for adjudication in accordance with the procedure described in Rule 2 below; or
(c) under Rule 9(d)(ii) or (iii) of Section III, then the Director of Legal and Business Affairs of CLT20 shall appoint one member of the Code of Behaviour Commission (who shall have had no prior involvement with the case) to sit as the Commissioner and the case shall be referred to him/her for adjudication in accordance with the procedure described in Rule 2 below.
2. Disciplinary Procedure during the Event
(a) Subject to the discretion of the Match Referee or Commissioner to order otherwise for good cause shown by the Player or Official, the hearing will take place at the time specified in the Notice of Charge or Higher Level Notice of Charge (as the case may be), other than for an alleged breach of Rule A4 of Section I, in which case the hearing should take place as soon as reasonably practicable, (which should, in the absence of exceptional circumstances, be no more than twenty-four (24) hours after the receipt by the Player or Official), other than for an alleged breach of Rule A4 of Section I, in which case the hearing should take place as soon as reasonably practicable of the Notice of Charge or Higher Level Notice of Charge (as the case may be), other than for an alleged breach of Rule A4 of Section I, in which case the hearing should take place as soon as reasonably practicable. For the avoidance of doubt, nothing in this Rule 2(a) prevents a hearing from being convened at a time when the Match during, or in relation to which, the alleged offence took place, remains in progress.
(b) The procedure followed at the hearing shall be at the discretion of the Match Referee or Commissioner, provided that the hearing is conducted in a fair manner and in accordance with the rules of natural justice. The Player or Official will be provided 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 Match Referee or Commissioner and present his/her case.
(c) The hearing before the Match Referee or Commissioner shall be in English, and certified English translations shall be submitted of any non-English documents put before the Match Referee or Commissioner. 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 or alleged breach of Rule A4 of Section I only, if required by the Commissioner (at his/her discretion), CLT20 shall make arrangements to have the hearing recorded or transcribed. If requested by the Player or Official, CLT20 shall also arrange for an interpreter to attend the hearing.
(d) Where video evidence of the alleged offence is available at the hearing before the Match Referee or 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.
(e) Unless exceptional circumstances apply, each of the following individuals must attend any hearing before the Match Referee or Commissioner: (a) the Player or Official who has been charged with the alleged offence; and (b) the person who lodged the Form (or, in the case of the CLT20 Chief Executive, 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 Commissioner by telephone or video conference (if available). Without prejudice to the Player or Official's ability to call and to question such witnesses as may be necessary, one of the Captain, Vice-Captain or Team Manager of the team that the Player or Official represents may also attend a hearing before the Match Referee or Commissioner to provide support and assistance to the Player or Official.
(f) Each of the individuals described paragraph (e) above shall have the right (at his/her or its own expense) to be represented at the hearing before the Match Referee or Commissioner by such representative (including legal counsel) of his/her or its own choosing. In addition, where the person lodging the Form is an Umpire or Match Referee that officiated in the Match in question, then the Umpire or Match Referee shall be entitled to be represented prior to, and during, the hearing (if he/she considers necessary) by a representative of the CLT20 Legal Department as nominated by the Director of Legal and Business Affairs of CLT20.
(g) The non-attendance of any Player or Official or his/her representative at the hearing, shall not prevent the Match Referee or Commissioner from proceeding with the hearing in his/her absence and issuing a ruling in relation to the offence charged.
(h) At the end of a hearing, where the Match Referee or 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.
(i) Alternatively, at the end of the hearing:
(i) the Match Referee or 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 a Code of Behaviour offence has been committed;
(ii) where the Match Referee or Commissioner determines that a Code of Behaviour offence has been committed, the Player or 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;
(iii) as soon as possible after the conclusion of the hearing (and, in any event, no later than twelve (12) hours thereafter (or 7 days thereafter with respect to a breach of Rule A4 of Section I)), the Match Referee or Commissioner will provide his/her decision in writing, with reasons, setting out: (a) the finding as to whether a Code of Behaviour offence had been committed; (b) what sanctions, if any, are to be imposed (including any fine and/or period of suspension); (c) the date that any period of suspension shall come into force and effect; and (d) any rights of appeal that may exist pursuant to Section VI
(iv) The Match Referee or 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 paragraph (iii) above.
(j) A copy of the written decision will be provided to the Player or Official, the CEO of the Player or Official's Team, and the Director of Legal and Business Affairs of CLT20.
(k) Subject only to the rights of appeal under Section VI, the decision of a Match Referee or Commissioner shall be the full, final and complete disposition of the matter and will be binding on all parties.
3. Where a Form is filed by more than one of the individuals described in Rules 4 and 5 of Section III in relation to the same alleged offence under the Code of Behaviour, then the Player or Official alleged to have committed the offence will only be served with only one Notice of Charge or Higher Level Notice of Charge (as the case may be) in accordance with the procedures set out in Section III. However, all persons who filed a Form (or, in the case of the CLT20 Chief Executive, his/her representative/nominee) in relation to the alleged offence are required to attend the hearing before the Match Referee or 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).
4. Where two or more Players or Officials are alleged to have committed offences under the Code of Behaviour, 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, provided that the Code of Behaviour permits the alleged offences to be determined by the same adjudicator. For the avoidance of doubt:
(a) any number of Level 1 Offences and/or Level 2 Offences can all be determined by a Match Referee at the same hearing; and
(b) any number of Level 3 Offences and/or Level 4 Offences and/or breach of Rule A4 of Section I can all be determined by a Commissioner at the same hearing; but
(c) a Level 1 Offence or Level 2 Offence cannot be determined at the same hearing as a Level 3 Offence or a Level 4 Offence or a Rule A1 Offence or a Section 1, Rule A4 Offence (and vice versa), and separate proceedings should therefore be issued in relation to each alleged offence.
5. Where a Player or Official is alleged to have committed more than one breach of the Code of Behaviour during, or in relation to the same Match, then all of the alleged offences may be dealt with at the same hearing, provided that the Code of Behaviour permits the offences that are alleged to have been committed to be determined by the same adjudicator. For the avoidance of doubt:
(a) any number of Level 1 Offences and/or Level 2 Offences can all be determined by a Match Referee at the same hearing; and
(b) any number of Level 3 Offences and/or Level 4 Offences and/or a Section I, Rule A4 Offence can all be determined by a Judicial Commissioner at the same hearing; but
(c) a Level 1 Offence or Level 2 Offence cannot be determined at the same hearing as a Level 3 Offence or a Level 4 Offence or a Section I, Rule A4 Offence, and separate proceedings should therefore be issued in relation to each alleged offence.
If the Match Referee or Commission finds a Player or Official charged to be guilty of more than one offence, the Match Referee or Commission should impose separate penalties in respect of each offence. Penalties in such cases are cumulative and not concurrent.
6. Where a Match Referee is unable to hear a case (for example, where he/she finds him/herself in a position of conflict), then the Director of Legal and Business Affairs of CLT20 shall have the discretion to appoint a Commissioner who had no prior involvement with the case in relation to which the alleged offence was committed as a replacement to the Match Referee and all of the remaining procedure will apply accordingly.
7. Where a Commissioner is unable to hear a case (for example, where he/she finds him/herself in a position of conflict), then the Director of Legal and Business Affairs of CLT20 shall have the discretion to appoint another member of the Code of Behaviour Commission as a replacement to the Commissioner and all of the remaining procedure will apply accordingly.
8. CLT20 will issue a public announcement regarding any decision of the Match Referee or Commissioner made under the Code of Behaviour, 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 Behaviour 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 either of the parties (or any relevant Team or its National Cricket Federation) publicly confirming the date of the hearing, the offence that is alleged to have been committed and the name of the Player or Official charged.
9. Unless otherwise described herein, the standard of proof in all cases brought under the Code of Behaviour shall be whether the Match Referee or 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).
10. The Match Referee or Commissioner shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to an offence committed under the Code of Behaviour may be established by any reliable means, including admissions.
11. The Match Referee or Commissioner may draw an inference adverse to the Player or Official who is asserted to have committed an offence under the Code of Behaviour based on his 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 Match Referee or Commissioner) and/or to answer any relevant questions.
SECTION V: PENALTIES
1. Where the facts of or the gravity or seriousness of the alleged incident are not adequately or clearly covered by any of the offences listed in Section I B, the person laying the report by way of a Form may allege one of the following offences:
1. breach of Rule AI of Section I - conduct contrary to the spirit of the game; or
2. breach of Rule A2 of Section I - conduct that brings the game into disrepute.
The person laying such a report must specify the level of breach to accompany the charge: for example, "conduct contrary to the spirit of the game” Level 2" or "conduct that brings the game into disrepute” Level 1"
2. Plea bargaining is not permitted. It is open to the Match Referee or Commission to find a Player or Official guilty of an offence in a level lower than that in which he is charged where the constituent elements of the lesser offence are the same. For example, if a Player is charged with serious dissent under Section I, Rule B2.1, it is open to the Match Referee to find the Player guilty under Section I, Rule B1.3 of dissent rather than serious dissent.
3. Where a Match Referee or Commissioner determines that an offence under the Code of Behaviour has been committed, he/she will be required to impose an appropriate sanction on the Player or Official in accordance with the range of penalties prescribed in Section I.
4. The following rules of interpretation apply to any penalty imposed under this Code. If a Player or Official repeats an offence within a particular Level (excluding Level 4) within the same year's Event, the Match Referee or Commission will impose a penalty in line with the next highest Level. For example, if a Player is found to have committed a Level 2.3 offence and one week later in the same year's Event is found to have committed a Level 2.6 offence, the Player will be penalised as if he had committed a Level 3 offence.
5. When imposing any penalty upon a person who has breached this Code of Behaviour, the Match Referee or Commission may take into account any circumstance he or it considers relevant, including (without limitation) the following:
1. the seriousness of the breach;
2. the harm caused by the breach to the interests of cricket;
3. the person's seniority and standing in the game;
4. remorse shown by the person and the prospect of further breaches;
5. the prior record of the person in abiding by this Code; and
6. the impact of the penalty on the person, including the person's capacity to pay a fine as evidenced by any match fees received for the Event, and by the proportion of the person's annual income from his Team and his relevant cricketing authority that the proposed fine represents.
6. Any Player or Official required to pay a fine or to make reparation must do so within fifteen (15) days. Should any fine and/or repatriation not be paid within such deadline, the Player or Official may not play, coach or otherwise participate or be involved in any capacity in any Match until such payment has been satisfied in full and CLT20 shall be entitled to deduct such fine amount owing by a Player from any prize money otherwise payable by CLT20 to that Player. All fines must be paid by the person found to be guilty of a breach of this Code directly to CLT20.
7. The Match Referee or Commission, in providing its decision shall:
(a) clearly identify when any ban commences; and
(b) clearly identify any fine ordered to be paid; and
(c) clearly identify the name of the person to whom the sanction applies or, in the case of a fine being imposed for breach of this Code applicable to an entire team, the identity of all persons fined or by reference to whom a cumulative fine has been calculated.
8. Where a Player or Official has received a ban under this Code, he/she may not play, coach or otherwise participate or be involved in any capacity in the Match(es) which are covered by his/her ban.
9. Once any period of a ban has expired, the Player or Official will automatically become re-eligible to participate or assist in Matches provided that he/she has paid, in full, all amounts forfeited under the Code of Behaviour, including any fines, compensatory awards or award of costs that may have been imposed against him/her.
SECTION VI: APPEALS
1. Appeals from decisions in relation to a Level 1 Offence
(a) Decisions made under the Code of Behaviour by a Match Referee in relation to a first Level 1 Offence shall be non-appealable and shall remain the full and final decision in relation to the matter.
(b) Decisions made under the Code of Behaviour by a Match Referee in relation to a second, third, fourth or further Level 1 Offence within the applicable twelve month period set out in Section V, Rule 4(a) may be challenged solely by appeal as set out in this Section VI, Rule 1. Such decision shall remain in effect while under appeal unless any properly convened Appeal Panel orders otherwise.
(i) The only parties who may appeal a decision made in relation to a second, third, fourth or further Level 1 Offence shall be: (a) the Player or Official found guilty of the offence; and (b) the CLT20 Chief Executive Officer (or his/her designee).
(ii) Any notice to appeal under this Rule 1 must be lodged with the Director of Legal and Business Affairs of CLT20 within twenty-four (24) hours of receipt of the written decision of the Match Referee. In all cases, a copy of such notice will also be provided to the CEO of the Team to which the Player or Official is affiliated. Thereafter, the following will apply:
(a) Within twenty-four (24) hours of receipt of a notice to appeal the Director of Legal and Business Affairs of CLT20 will appoint three members of the Code of Behaviour Commission to act as the Appeal Panel to hear the appeal; and (b) the Match Referee will provide a written statement to the Director of Legal and Business Affairs of CLT20 setting our any relevant facts (to be copied to the Player or Official).
(b) The provisions of Section IV, Rules 1 and 2 inclusive, applicable to proceedings before the Match Referee, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Panel.
(c) The Appeal Panel shall hear and determine all issues arising from any matter which is appealed pursuant to this Rule 1 on a de novo basis, ie 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 Panel shall have the power to increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance solely in accordance with Section I.
(d) Appeal hearings pursuant to this Section VI, Rule 1 should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than forty-eight (48) hours after the appointment of the Appeal Panel.
(e) The Appeal Panel 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 Panel and/or any other relevant parties) to be paid by the appealing party if it consider that such party has acted spuriously, frivolously or otherwise in bad faith.
(f) Any decision made by the Appeal Panel under this Section VI, Rule 1, shall be the full, final and complete disposition of the matter and will be binding on all parties.
2. Appeals from decisions in relation to a Level 2 Offence
(a) Decisions made under the Code of Behaviour by a Match Referee in relation to a Level 2 Offence may be challenged solely by appeal as set out in paragraph (c) below. Such decision shall remain in effect while under appeal unless any properly convened Appeal Panel orders otherwise.
(b) The only parties who may appeal a decision made in relation to a Level 2 Offence shall be: (a) the Player or Official found guilty of the offence; and (b) the CLT20 Chief Executive Officer (or his/her designee).
(c) Any notice to appeal under this Rule 2 must be lodged with the Director of Legal and Business Affairs of CLT20 within twenty-four (24) hours of receipt of the written decision of the Match Referee. In all cases, a copy of such notice will also be provided to the CEO of the Team to which the Player or Official is affiliated. Thereafter, the following will apply:
(i) Within twenty-four (24) hours of receipt of a notice to appeal: (a) the Director of Legal and Business Affairs CLT20 will appoint three members of the Code of Behaviour Commission to sit as the Appeal Panel to hear the appeal; and (b) the Match Referee will provide a written statement to the Director of Legal and Business Affairs CLT20 setting out any relevant facts (to be copied to the Player or Player Support Personnel).
(ii) The provisions of Section IV, Rule 1 and 2 inclusive, applicable to proceedings before the Match Referee, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Panel.
(iii) The Appeal Panel shall hear and determine all issues arising from any matter which is appealed pursuant to this Rule 2 on a de novo basis, ie 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 Panel shall have the power to increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance solely in accordance with Section I.
(iv) Appeal hearings pursuant to this Section VI, Rule 2, should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than forty-eight (48) hours after the appointment of the Appeal Panel.
(v) The Appeal Panel 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 Panel 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.
(vi) Any decision made by the Appeal Panel under this Rule 2, shall be the full, final and complete disposition of the matter and will be binding on all parties.
3. Appeals from decisions in relation to a Level 3 Offence or Level 4 Offence or Breach of Rule A4 of Section I.
(a) Decisions made under the Code of Behaviour by a Commissioner in relation to a Level 3 Offence or Level 4 Offence or a breach of Rule A4 of Section I may be challenged solely by appeal as set out in paragraph (c) below. Such decision shall remain in effect while under appeal unless any properly convened Appeal Panel orders otherwise.
(b) The only parties who may appeal a decision made in relation to a Level 3 Offence or Level 4 Offence or a breach of Rule A4 of Section I shall be: (a) the Player or Official found guilty of the offence; and (b) the CLT20 Chief Executive Officer (or his/her designee).
(c) Any notice to appeal under this Article must be lodged with the Director of Legal and Business Affairs of CLT20 within forty-eight (48) days of receipt of the written decision of the Commissioner. In all cases, a copy of such notice will also be provided to the CEO of the Team to which the Player or Official is affiliated. Thereafter, the following will apply:
(i) Within forty-eight (48) hours of receipt of a notice to appeal: (a) the Director of Legal and Business Affairs of CLT20 will appoint three members of the Code of Behaviour Commission to sit as the Appeal Panel to hear the appeal; and (b) the Commissioner will provide a written statement to the Director of Legal and Business Affairs of CLT20 setting our any relevant facts (to be copied to the Player or Official).
(ii) The provisions of Section IV, Rule 1 and 2 inclusive, applicable to proceedings before the Commissioner, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Panel.
(iii) The Appeal Panel shall hear and determine all issues arising from any matter which is appealed to it pursuant to this Article on a de novo basis, ie 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 Panel shall have the power to increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance, solely in accordance with Section I.
(iv) Appeal hearings pursuant to this Section VI, Rule 3 should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than thirty (30) days after the appointment of the Appeal Panel.
(v) The Appeal Panel 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 Panel 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.
(vi) Any decision made by the Appeal Panel under this Section VI, Rule 3, shall be the full, final and complete disposition of the matter and will be binding on all parties.
4. Any hearing results or other final adjudications under the Code of Behaviour shall be recognised and respected by the Teams and their National Cricket Federations automatically upon receipt of notice of the same, without the need for any further formality. Each of the Teams and their National Cricket Federations shall take all steps legally available to it to enforce and give effect to such decisions.
5. It shall be a condition of Invitation to Teams and their National Cricket Federations to participate in the CLT20 that all Teams and National Cricket Federations shall comply with the Code of Behaviour.
SECTION VII: BREACH OF CONTRACT OR CONDITION OF INVITATION
Where it is alleged that a Player or Official has breached an undertaking given in accepting an invitation to represent a cricket team or to officiate, or that a Player or Official has breached a contract (including Squad Terms) with, or letter of invitation from, CLT20, proceedings under this Code will not preclude or limit CLT20, or any other party to such contract, letter of invitation or agreement, from taking legal action against any player or official who may have committed a breach thereof.
SECTION VIII: INTERNAL TEAM DISCIPLINE
This Code does not prevent individual Teams from establishing their own internal rules for behaviour, and for imposing penalties for breach of those rules. Such rules are in addition to the provisions of this Code, however, and will not restrict in any way the right to take any action under this Code.
SECTION IX: AMENDMENT AND INTERPRETATION OF THE CODE OF BEHAVIOUR
1. The Code of Behaviour may be amended from time to time by CLT20. Such amendments shall come into effect on the date specified by CLT20.
2. The Code of Behaviour shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes of any Team, National Cricket Federation or government.
3. The headings used for the various Sections and Rules of the Code of Behaviour are for the purpose of guidance only and shall not be deemed to be part of the substance of the Code of Behaviour or to inform or affect in any way the language of the provisions to which they refer.
4. The Code of Behaviour shall come into full force and effect on 19 August 2009.
5. If any Section or Rule or provision of this Code of Behaviour is held invalid, unenforceable or illegal for any reason, the Code of Behaviour shall remain otherwise in full force apart from such Section or Rule or provision which shall be deemed deleted insofar as it is invalid, unenforceable or illegal.
6. The Code of Behaviour is governed by and shall be construed in accordance with Indian law. Strictly without prejudice to the arbitration provisions of the Code of Behaviour, disputes relating to the Code ofBehaviour shall be subject to the exclusive jurisdiction of the Indian courts.
