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CRICKET ESPANA CODE OF CONDUCT OFFENCES, SANCTIONS, REPORTING OF OFFENCES, HEARINGS, APPEALS AND DISCIPLINARY PROCEDURES

Note: This Code of Conduct applies to all cricket matches played in Spain under the auspices of Cricket Espana (CE)

The conduct described in Articles 2.1.1 - 2.4.4, if committed by a Player or Player Support Personnel shall amount to an offence by such Player or Player Support Personnel under the Code of Conduct.

Comment:Where considered helpful, guidance notes have been provided beneath the description of a particular offence. Such notes are intended only to provide guidance as to the nature and examples of certain conduct that might be prohibited by a particular Article and should not be read as an exhaustive or limiting list of conduct prohibited by such Article. An individual raising a Disciplinary Report should make a judgement of the seriousness of the breach of the Code of Conduct to determine the level of the offence.

2.1 LEVEL 1 OFFENCES:

2.1.1 Abuse of cricket equipment or clothing, ground equipment or fixtures and fittings during a CE Match.

Note: Article 2.1.1 includes any action(s) outside the course of normal cricket actions, such as hitting or kicking the wickets and any action(s) which intentionally or negligently results in damage to the advertising boards, boundary fences, dressing room doors, mirrors, windows and other fixtures and fittings.

2.1.2 Showing dissent at an Umpire's decision during a CE Match.

Note: Article 2.1.2 includes:
(a) excessive, obvious disappointment with an Umpire's decision;
(b) an obvious delay in resuming play or leaving the wicket;
(c) shaking the head;
(d) pointing or looking at the inside edge when given out lbw;
(e) pointing to the pad or rubbing the shoulder when caught behind;
(f) snatching the cap from the Umpire;
(g) arguing or entering into a prolonged discussion with the Umpire about his decision.

It shall not be a defence to any charge brought under this Article to show that the Umpire might have, or in fact did, get any decision wrong.

2.1.3 Using language or a gesture that is obscene, offensive or insulting during a CE Match.

Note: Article 2.1.3 includes:
(a) excessively audible or repetitious swearing;
(b) obscene gestures which are not directed at another person, such as swearing in frustration at one's own poor play or fortune. In addition, this offence is not intended to penalise trivial behaviour. When assessing the seriousness of the breach, the Umpire shall be required to take into account the context of the particular situation and whether the words or gesture are likely to: (a) be regarded as obscene; (b) give offence; or (c) insult another person.

This offence is not intended to cover any use of language or gestures that are likely to offend another person on the basis of their race, religion, gender, colour, descent, national or ethnic origin. Such conduct is prohibited under the Cricket Espana Anti-Racism Code and must be dealt with according to the procedures set out therein.

2.1.4 Excessive appealing during a CE Match.

Note: For the purposes of Article 2.1.4, 'excessive' shall include:
(a) repeated appealing of the same decision/appeal;
(b) repeated appealing of different decisions/appeals when the bowler/fielder knows the batter is not out with the intention of placing the Umpire under pressure; or
(c) celebrating a dismissal before the decision has been given. It is not intended to prevent loud or enthusiastic appealing.

2.1.5 Pointing or gesturing towards the pavilion by a bowler or other member of the fielding side upon the dismissal of a batsman during a CE Match.

2.1.6 Public criticism of, or inappropriate comment in relation to an incident occurring in a CE Match or any Player, Player Support Personnel, Match official or team participating in any CE Match, irrespective of when such criticism or inappropriate comment is made.

This includes comments made in any media including all Social Media and their associated networks.

Note: Without limitation, Players and Player Support Personnel will breach Article 2.1.6 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 CE 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.

2.1.7 Where the facts of the alleged incident are not adequately or clearly covered by any of the above offences, conduct that either: (a) is contrary to the spirit of the game; or (b) brings the game into disrepute.

Note: Article 2.1.7 is intended to be a 'catch-all' provision to cover all types of conduct of a minor nature that is not (and, because of its nature, cannot be) adequately covered by the specific offences set out elsewhere in the Code of Conduct.

By way of example, Article 2.1.7(a) may (depending upon the seriousness and context of the breach) prohibit the following:
(a) the use of an illegal bat or illegal wicket-keeping gloves;
(b) deliberate time wasting;
(c) cheating during a CE Match, including deliberate attempts to mislead the Umpire;
(d) failure to comply with the provisions of the Playing Conditions; and
(e) any conduct which is considered 'unfair play' under Law 42 of the Laws of Cricket.

By way of example, Article 2.1.7(b) may (depending upon the seriousness and context of the breach) prohibit the following:
(a) public acts of misconduct;
(b) unruly public behaviour; and
(c) inappropriate comments which are detrimental to the interests of the game.

2.2 LEVEL 2 OFFENCES:

2.2.1 Showing serious dissent at an Umpire's decision during a CE Match.

Note: Dissent, including the examples given in Article 2.1.2 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 leaving the wicket or where there is persistent re-reference to the incident over time. It shall not be a defence to any charge brought under this Article to show that the Umpire might have, or in fact did, get any decision wrong.

2.2.2 Serious public criticism of, or inappropriate comment in relation to an incident occurring in a CE Match or any Player, Player Support Personnel, Match official or team participating in any CE Match, irrespective of when such criticism or inappropriate comment is made.

This includes comments made in any media including all Social Media and their associated networks.

Note: Without limitation, Players and Player Support Personnel 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 CE 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.

2.2.3 Inappropriate and deliberate physical contact between Players in the course of play during a CE Match.

Note: Without limitation, Players will breach this regulation if they deliberately walk or run into or shoulder another Player.

2.2.4 Charging or advancing towards the Umpire in an aggressive manner when appealing during a CE Match.

2.2.5 Deliberate and malicious distraction or obstruction on the field of play during a CE Match.

2.2.6 Throwing a ball (or any other item of cricket equipment such as a water bottle) at or near a Player, Player Support Personnel, Umpire, Match Referee or any other third person in an inappropriate and/or dangerous manner during a CE Match.

Note: This regulation will not prohibit a fielder or bowler from returning the ball to the stumps in the normal fashion.

2.2.7 Using language or gesture(s) that is seriously obscene, seriously offensive or of a seriously insulting nature to another Player, Player Support Personnel, Umpire, Match Referee or any other third person during a CE Match. Note: 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 be required to report such conduct that falls below an acceptable standard. This offence is not intended to penalise trivial behaviour. When assessing the seriousness of the breach, the Umpire shall be required to take into account the context of the particular situation and whether the words or gesture are likely to:

(a) be regarded as seriously obscene; or
(b) give serious offence; or
(c) seriously insult another person.

This offence is not intended to cover any use of language or gestures that are likely to offend another person on the basis of their race, religion, gender, colour, descent, national or ethnic origin. Such conduct is prohibited under the Cricket Espana Anti-Racism Code and must be dealt with according to the procedures set out therein.

2.2.8 Changing the condition of the ball in breach of Law 42.3 of the Laws of Cricket.

Note: Any action(s) likely to alter the condition of the ball which were not specifically permitted under Law 42.3(a) may be regarded as 'unfair'. The following actions shall not be permitted (this list of actions is not exhaustive but included for illustrative purposes):
(a) deliberately throwing the ball into the ground for the purpose of roughening it up;
(b) applying any artificial substance to the ball; and applying any non-artificial substance for any purpose other than to polish the ball;
(c) lifting or otherwise interfering with any of the seams of the ball;
(d) scratching the surface of the ball with finger or thumb nails or any implement.

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.

2.2.9 Any attempt to manipulate a CE Match for inappropriate strategic or tactical reasons.

Note: Article 2.2.9 is intended to prevent the manipulation of CE Matches for inappropriate strategic or tactical reasons (such as when a team deliberately loses a Match in a CE League in order to affect the standings of other teams in that League). It might also apply to the inappropriate manipulation of a net run rate or accumulation of bonus points or otherwise. The Team Captain of any team guilty of such conduct shall be held responsible (and subject to sanction) for any offence found to have been committed under this Article.

2.2.10 Where the facts of the alleged incident are not adequately or clearly covered by any of the above offences, conduct that either: (a) is contrary to the spirit of the game; or (b) brings the game into disrepute.

Note: Article 2.2.10 is intended to be a 'catch-all' provision to cover all types of conduct of a serious nature that is not (and, because of its nature, cannot be) adequately covered by the specific offences set out elsewhere in the Code of Conduct. See guidance notes to Article 2.1.7 for examples of conduct that may (depending upon the seriousness and context of the breach) be prohibited under Article 2.2.10.

2.3 LEVEL 3 OFFENCES:

2.3.1 Intimidation of an Umpire or Match Referee whether by language or conduct (including gestures) during a CE Match.

Note: Includes appealing in an aggressive or threatening manner.

2.3.2 Threat of assault on another Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during a CE Match.

2.3.3 Where the facts of the alleged incident are not adequately or clearly covered by any of the above offences, conduct that either: (a) is contrary to the spirit of the game; or (b) brings the game into disrepute.

Note: Article 2.3.3 is intended to be a 'catch-all' provision to cover all types of conduct of a very serious nature that is not (and, because of its nature, cannot be) adequately covered by the specific offences set out elsewhere in the Code of Conduct. See guidance notes to Article 2.1.7 for examples of conduct that may (depending upon the seriousness and context of the breach) be prohibited under Article 2.3.3.

2.4 LEVEL 4 OFFENCES:

2.4.1 Threat of assault on an Umpire or Match Referee during a CE Match.

2.4.2 Physical assault of another Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during a CE Match.

2.4.3 Any act of violence on the field of play during a CE Match.

2.4.4 Where the facts of the alleged incident are not adequately or clearly covered by any of the above offences, conduct that either: (a) is contrary to the spirit of the game; or (b) brings the game into disrepute.

Note: Article 2.4.4 is intended to be a 'catch-all' provision to cover all types of conduct of an overwhelmingly serious nature that is not (and, because of its nature, cannot be) adequately covered by the specific offences set out elsewhere in the Code of Conduct. See guidance notes to Article 2.1.7 for examples of conduct that may (depending upon the seriousness and context of the breach) be prohibited under Article 2.4.4.

2.5 RANGE OF PERMISSIBLE SANCTIONS

Level 1 (First Offence)

Warning/reprimand

Level 1 (Second Offence within 12 months)

Two (2) Match Suspension

Level 1 (Third Offence within 12 months)

The imposition of between a two (2) to eight (8) Match Suspension*

Level 1 (Four or more Offences within 12 months)

The imposition of eight (8) Match Suspension or a suspension for a fixed period of time ranging between the equivalent of eight (8) Matches and one (1) year.*

Level 2 (First Offence)

Two (2) Match Suspension

Level 2 (Second Offence within 12 months)

The imposition of between a two (2) to eight (8) Match Suspension*

Level 2 (Third Offence within 12 months)

The imposition of an eight (8) Match Suspension or a suspension for a fixed period of time ranging between the equivalent of eight (8) Matches and one (1) year.*

Level 2 (Four or more Offences within 12 months)

The imposition of a suspension of between one (1) and five (5) years.

Level 3 (First Offence)

The imposition of between a four (4) to eight (8) Match Suspension*

Level 3 (Second Offence within 12 months)

The imposition of an eight (8) Match Suspension or a suspension for a fixed period of time ranging between the equivalent of an eight (8) Match Suspension and one (1) year.*

Level 3 (Third Offence within 12 months)

The imposition of a suspension between one (1) year and a lifetime.

Level 4 (First Offence)

The imposition of eight (8) Match Suspension or a suspension for a fixed period of time ranging between, at a minimum, the lesser of the equivalent of an eight (8) Match Suspension and one (1) year, up to a maximum of a lifetime's suspension.

Level 4 (Second Offence within 12 months)

The imposition of a suspension of between one (1) year and a lifetime.

*Note: In all cases marked with a *, the maximum 'actual' period of suspension shall be no more than one (1) year, irrespective of the number and/or the practical application of any Match Suspension that might be imposed.

3. REPORTING AN ALLEGED OFFENCE UNDER THE CODE OF CONDUCT

Note: Where a Code of Conduct offence is alleged to have occurred during, or in relation to a Match that is played as part of a CE Event, the Code of Conduct shall apply in full, in order to ensure that any matters arising can be dealt with expediently.

3.1 Any one of the following individuals can report an alleged offence under the Code of Conduct .

3.1.1 an Umpire that officiated in the Match during which the alleged offence was committed;

3.1.2 the Team Manager or club official of either of the two teams whose representative teams participated in the Match during, or in relation to which, the alleged offence was committed;

3.2 All Reports must be completed on Form 'Disciplinary Report' (or such other form as may be made available for such purpose by CE from time to time). All Reports must be signed and dated by the person lodging the Report.

3.2.1 Where the Report is lodged in relation to:

3.2.1.1 a Level 1 Offence or a Level 2 Offence that is alleged to have been committed on the field of play during a Match, then the Report must be lodged with the Regional Chairman within 24 hours of the close of the day's play.

3.2.1.2 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 Report must be lodged with the Regional Chairman as soon as reasonably practicable, and in any event, no later than forty-eight (48) hours (where the Report is lodged by an Umpire) or ninety-six (96) hours (where the Report is lodged by the Team Manager or club official of either of the two participating teams after: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Report; or ICC CODE OF CONDUCT FOR PLAYERS

3.2.1.3 a Level 3 Offence or a Level 4 Offence that is alleged to have been committed, then the Report must be lodged with the Regional Chairman as soon as reasonably practicable, and in any event no later than seven (7) days after either: (a) the commission of the alleged offence; or (b) the alleged offence was brought to the attention of the person lodging the Report.

3.3 Where it is alleged that a Player or Player Support Personnel has committed more than one offence under the Code of Conduct 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 for each of the offences that are alleged to have been committed.

4. NOTIFICATION PROCEDURE

Note: The Regional Disciplinary Committee shall comprise the Regional Chairman plus two other members of the Regional Committee.

Level 1 Offences, Level 2 Offences

4.1 When the Regional Chairman receives a Report he/she must promptly provide a copy of the Report, together with a completed Form 'Notice of Charge', to the following individuals:

4.1.1 the Player or Player Support Personnel named in the Report and

4.1.2 the Captain of the Player or Player Support Personnel named in the Report

4.1.3 the Team Manager or club official of the relevant Player or Player Support Personnel named in the Report.

4.2 The Notice of Charge shall specify that the Player or Player Support Personnel shall have the following three options:

4.2.1 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 the Regional Chairman's discretion, but at all times within the appropriate range for the level of offence). In such circumstances, and provided that such admission has been received by the Regional Chairman prior to the commencement of the hearing at the time/place specified in the Notice of Charge, the hearing before the Regional Chairman shall not be required and no further action shall be taken, save that the Regional Committee shall promptly issue a public statement confirming: (a) the commission of an offence under the Code of Conduct; and (b) the imposition of the applicable sanction specified in the Notice of Charge; or

4.2.2 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 ; or

4.2.3 he/she may deny the offence charged, in which case the matter shall proceed to a hearing.

Level 3 Offences and Level 4 Offences:

4.3 When the Regional Chairman receives a Report, he/she must promptly convene the Regional Disciplinary Committee to conduct a review to determine whether the Player or Player Support Personnel named in the Report has a case to answer.

4.4 If the initial review of the Report reveals that there is no case to answer, then the Regional Chairman shall notify the person who filed the Report of that fact, and the matter shall not proceed any further.

4.5 If the initial review of the Report reveals that there is a case to answer, then the Regional Disciplinary Committee shall promptly provide a copy of the Report, together with a completed Form 'Notice of Charge' to the individuals named in Para 4.1.

4.6 The Notice of Charge shall specify that the Player or Player Support Personnel shall have the following options:

4.6.1 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 the Regional Chairman's discretion, but at all times within the appropriate range for the level of offence). In such circumstances, and provided that such admission has been received by the Regional Disciplinary Committee prior to the commencement of the hearing at the time/place specified in the Notice of Charge, the hearing before the Regional Committee shall not be required and no further action shall be taken, save that the Regional Committee shall promptly issue a public statement confirming: (a) the commission of an offence under the Code of Conduct; and (b) the imposition of the applicable sanction specified in the Notice of Charge; or

4.6.2 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 or

4.6.3 he/she may deny the offence charged, in which case the matter shall proceed to a hearing.

5. DISCIPLINARY PROCEDURE

Note: When the person or persons appointed to adjudicate any matter brought under this Code of Conduct is/was not physically present at the relevant Match (and therefore required to perform his/her duties remotely) then all hearings may be held by telephone conference or video conference (if available).

All Offences :

5.1 Where a matter proceeds to a hearing then the case shall be referred to the Regional Chairman for adjudication in accordance with the following procedure:

5.1.1 Subject to the discretion of the Regional Chairman to order otherwise for good cause shown by the Player or Player Support Personnel, the hearing will take place at the time specified in the Notice of Charge (which should, in the absence of exceptional circumstances, be no more than thirty-six (36) hours after the receipt by the Player or Player Support Personnel of the Notice of Charge) and, in the country in which the alleged offence was committed.

5.1.2 The procedure followed at the hearing shall be at the discretion of the Regional Chairman, provided that the hearing is conducted in a manner which offers the Player or Player Support Personnel 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 person raising the report and present his/her case.

5.1.3 The hearing before the Regional Chairman shall be in English, and certified English translations shall be submitted of any non-English documents put before the hearing. The cost of the translation shall be borne by the party offering the document(s).

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5.1.5 Unless exceptional circumstances apply, each of the following individuals must attend any hearing before the Regional Chairman: (a) the Player or Player Support Personnel who has been charged with the alleged offence; and (b) the person who lodged the Report. 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 Regional Chairman by telephone or video conference (if available).Without prejudice to the Player or Player Support Personnel'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 5.1.6, one of the Team Captain, Team Vice-Captain or Team Manager of the team that the Player or Player Support Personnel represents may also attend such a hearing to provide additional support and assistance to the Player or Player Support Personnel.

5.1.6 Each of the individuals described in Article 5.1.5(a) and (b) shall have the right (at his/her or its own expense) to be represented at the hearing before the Regional Chairman by legal counsel of his/her own choosing.

5.1.7 The non-attendance of any Player or Player Support Personnel or his/her representative at the hearing, shall not prevent the Regional Chairman from proceeding with the hearing in his/her absence and issuing a ruling in relation to the offence charged.

5.1.8 At the end of a hearing, where the Regional Chairman 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.

5.1.9 Alternatively, at the end of a hearing:

5.1.9.1 brought under Article 4.2.2: a)as soon as possible after the conclusion of the hearing (and, in any event, no later than forty-eight (48) hours thereafter), the Regional Chairman will confirm the Player or Player Support Personnel's admission that he/she had committed a Code of Conduct offence and announce his/ her decision in writing, with reasons, setting out: (a) what sanctions, if any, are to be imposed (including any period of suspension); (b) the date that any period of suspension shall come into force and effect; and (c) any rights of appeal that may exist pursuant to Article 8.

5.1.9.2 Where the Player or Player Support Personnel has failed to respond in a timely fashion to the Notice of Charge): a) the Regional Chairman shall adjourn the hearing (for a period of no less than ten (10) minutes and no more than twenty-four (24) hours), following which he/she will reconvene the hearing and verbally announce his/her finding as to whether a Code of Conduct offence has been committed; b) where the Regional Chairman determines that a Code of Conduct offence has been committed, the Player or Player Support Personnel 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 any event, no later than forty-eight (48) hours thereafter), the Regional Chairman will announce his/ her decision in writing, with reasons, setting out: (a) the finding as to whether a Code of Conduct 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 Article 8. A 'written decision in writing' may take the form of electronic mail.

5.1.10 The Regional Chairman 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 5.1.9.

5.1.11 A copy of the written reasoned decision will be provided to the Player or Player Support Personnel, the Player or Player Support Personnel's Captain or Club Official and the person who submitted the report.

5.1.12 Subject only to the rights of appeal under Article 8, the Regional Chairman's decision shall be the full, final and complete disposition of the matter and will be binding on all parties.

5.2 Intentionally left blank

General Principles of Procedure

5.3 Where a Report is filed by more than one of the individuals described in Article 3.2 in relation to the same alleged offence under the Code of Conduct, then the Player or Player Support Personnel 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 in relation to the alleged offence are required to attend the hearing before the Regional Chairman unless there is a compelling justification for his/ her non-attendance, in which case they shall be given the opportunity to participate in the hearing by telephone or video conference (if available).

5.4 Where two or more Players or Player Support Personnel are alleged to have committed offences under the Code of Conduct, they may both be dealt with at the same hearing where the proceedings arise out of the same incident or set of facts, or where there is a clear link between separate incidents, provided that the Code of Conduct permits the alleged offences to be determined by the same adjudicator. For the avoidance of doubt:

5.4.1 any number of Level 1 Offences and/or Level 2 Offences can all be determined by the Regional Chairman at the same hearing; and

5.4.2 any number of Level 3 Offences and/or Level 4 Offences can all be determined by the Regional Disciplinary Committee at the same hearing; but

5.4.3 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 (and vice versa), and separate proceedings should therefore be issued in relation to each alleged offence.

5.5 Where a Player or Player Support Personnel is alleged to have committed more than one breach of the Code of Conduct during, or in relation to the same Match, then all of the alleged offences may be dealt with at the same hearing, provided that the Code of Conduct permits the offences that are alleged to have been committed to be determined by the same adjudicator. For the avoidance of doubt:

5.5.1 any number of Level 1 Offences and/or Level 2 Offences can all be determined by the Regional Chairman at the same hearing; and

5.5.2 any number of Level 3 Offences and/or Level 4 Offences can all be determined by a Regional Disciplinary Committee at the same hearing; but

5.5.3 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, and separate proceedings should therefore be issued in relation to each alleged offence.

5.6 Any failure or refusal by any Player or Player Support Personnel to provide assistance to the Regional Chairman or Regional Disciplinary Committee in connection with any charge made pursuant to this Code of Conduct may constitute a separate offence.

5.7 Where the Regional Chairman or a member of the Regional Disciplinary Committee 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 CE Chairman shall have the discretion to appoint another adjudicator as he deems to be appropriate in all the circumstances.

5.8 CE will issue a public announcement regarding any decision of the Regional Chairman or Regional Disciplinary Committee made under the Code of Conduct, as soon as is reasonably practicable after the decision has been communicated to the parties. The public announcement of the decision may include details of the offences committed under the Code of Conduct and of the sanctions imposed, if any. Until such time as a public announcement is published, all parties and participants in the proceedings shall treat such proceedings as strictly confidential. For the avoidance of doubt, nothing in this Article shall prevent any party or club publicly confirming the date of the hearing, the offence that is alleged to have been committed and/or the name of the Player or Player Support Personnel charged.

6. Intentionally left blank

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8. APPEALS

8.1 Appeals from decisions in relation to a first Level 1 Offence

8.1.1 Decisions made under the Code of Conduct by the Regional Chairman 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.

8.2 Appeals from decisions in relation to: (a) a second, third or fourth Level 1 Offence; or (b) a Level 2 Offence;

8.2.1 Decisions made under the Code of Conduct by the Regional Chairman in relation to: (a) a second, third or fourth Level 1 Offence within the applicable twelve month period; or (b) a Level 2 Offence; may be challenged solely by appeal as set out in this Article 8.2. Such decision shall remain in effect while under appeal unless any Regional Disciplinary Committee properly convened to hear the appeal orders otherwise.

8.2.2 The only parties who may appeal a decision of this nature shall be: (a) the Player or Player Support Personnel found guilty of the offence or, where appropriate in the case of an offence under either Article 2.2.8 (changing the condition of the ball), or 2.2.9 (manipulation of a CE Match), or the relevant Team Captain.

8.2.3 Any notice to appeal under this Article must be lodged with the Regional Committee within 48 hours of receipt of the written decision of the Regional Chairman. In all cases, a copy of such notice will also be provided to the Club Chairman to which the Player or Player Support Personnel is affiliated. Thereafter, the following will apply:

8.2.3.1 Within 48 hours of receipt of a notice to appeal: (a) the Regional Chairman will appoint two members of the Regional Committee who are (unless otherwise agreed between the parties) from a club other than those participating in the Regional Match during, or in relation to which, the alleged offence was committed, to act as an Appeal Panel and hear the appeal sitting alone.

8.2.3.2 The provisions of Articles 5.1.2 to 5.1.11, applicable to proceedings before the Regional Chairman, 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.

8.2.3.3 The Appeal Panel shall hear and determine all issues arising from any matter which is appealed pursuant to this Article on a de novo basis, ie he/she 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, provided that any new sanction must be within the permitted range of sanctions set out in Article 2.5.

8.2.3.4 Appeal hearings pursuant to this Article 8.2 should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than seven (7) days after the appointment of the member of the Appeal Panel.

8.2.3.5 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 he/she considers that such party has acted spuriously, frivolously or otherwise in bad faith.

8.2.3.6 Any decision made by the Appeal Panel under this Article 8.2, shall be the full, final and complete disposition of the matter and will be binding on all parties.

8.3 Appeals from decisions in relation to a Level 3 Offence or Level 4 Offence 8.3.1 Decisions made under the Code of Conduct by the Regional Disciplinary Committee in relation to a Level 3 Offence or Level 4 Offence may be challenged solely by appeal as set out in this Article 8.3. Such decision shall remain in effect while under appeal unless any properly convened Appeal Panel orders otherwise.

8.3.2 The only parties who may appeal a decision made in relation to a Level 3 Offence or Level 4 Offence shall be the Player or Player Support Personnel found guilty of the offence.

8.3.3 Any notice to appeal under this Article must be lodged with the Regional Chairman within seven (7) days of receipt of the written decision of the Regional Disciplinary Committee. In all cases, a copy of such notice will also be provided to the Club Chairman to which the Player or Player Support Personnel is affiliated. Thereafter, the following will apply:

8.3.3.1 Within forty-eight (48) hours of receipt of a notice to appeal: (a) the Regional Chairman will appoint three members of the Regional Committee each of whom are (unless otherwise agreed between the parties) from a club other than those participating in the relevant Match to sit as the Appeal Panel to hear the appeal.

8.3.3.2 Intentionally left blank

8.3.3.3 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, provided that any new sanction must be within the permitted range of sanctions set out in Article 2.5.

8.3.3.4 Appeal hearings pursuant to this Article 8.3 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.

8.3.3.5 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.

8.3.3.6 Any decision made by the Appeal Panel under this Article 8.3, shall be the full, final and complete disposition of the matter and will be binding on all parties.

8.4 No appeal in relation to an accepted sanction

8.4.1 For the avoidance of doubt, where a Player or Player Support Personnel admits the offence charged and accedes to the proposed sanction specified in the Notice of Charge in accordance with the procedure described in Articles 4.2.1 or 4.6.1, the Player or Player Support Personnel waives his/her right to any appeal against the imposition of such a sanction.

9. RECOGNITION OF DECISIONS

9.1 Any hearing results or other final adjudications under the Code of Conduct shall be recognised and respected by CE and all member clubs automatically upon receipt of notice of the same, without the need for any further formality. CE and its member clubs shall take all necessary measures to enforce and give effect to such decisions.

9.2 It shall be a condition of membership of the CE that all member clubs shall comply with the Code of Conduct.

10. AMENDMENT AND INTERPRETATION OF THE CODE OF CONDUCT/p>

10.1 The Code of Conduct may be amended from time to time by the CE Directorate, with such amendments coming into effect on the date specified by CE.

10.2 The headings used for the various Articles of the Code of Conduct are for the purpose of guidance only and shall not be deemed to be part of the substance of the Code of Conduct or to inform or affect in any way the language of the provisions to which they refer.

10.3 The Code of Conduct shall come into full force and effect on 15 February 2014. It shall not apply retrospectively.

10.4 If any Article or provision of this Code of Conduct is held invalid, unenforceable or illegal for any reason, the Code of Conduct 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.

Annex:

A. CE Disciplinary Report

B. CE Notice of Charge