Regulation 6 : ANTI-CORRUPTION AND BETTING
REGULATION 6. ANTI-CORRUPTION AND BETTING
6.1 Introduction and Scope
6.1.1 520ccc.com is committed to making all efforts within its power to preserve the fundamental character of sporting competition as an honest test of skill and ability and to prevent corrupt gambling practices from undermining the integrity of the Game. These Anti-Corruption Regulations establish a set of regulations and a scheme of enforcement and sanctions to apply across the Game at International and Contract Player level and provide guidance to Unions in respect of their domestic regulations.
6.1.2 520ccc.com recognises that education is a key element to the effective implementation of these Anti-Corruption Regulations. Further, 520ccc.com, all Unions and Rugby Bodies shall within their means and scope of responsibility and in co-operation with each other, plan, implement, evaluate and monitor information and education programmes for anti-corruption purposes within the Game.
6.1.3 520ccc.com has adopted these Anti-Corruption Regulations in recognition of the following fundamental imperatives in the Game:
(a) All Matches shall be contested on a level-playing field, with the outcome and all aspects of each Match to be determined solely by the merits of the competing Players and teams and their respective coaching, medical and other player support personnel.
(b) Public confidence in the authenticity and integrity of the sporting contest is of paramount importance. If that confidence were to be undermined the Game would be fundamentally affected.
(c) Technology, popularity, television, the number and form of Matches and the expansion of betting markets has led to a significant increase in the amount and different types of Bets being placed on the Game. Gamblers may place legal Bets from remote locations, including within Match venues, via internet, telephone and on-site bookmakers in various jurisdictions, including while a Match is in play. These developments raise the potential for persons not connected with the Game to attempt to corrupt persons within the Game and for persons in the Game to seek to gain from corrupt gambling.
(d) Inherently, any persons involved in this type of Misconduct may act across different competitions and will ordinarily go to great lengths to keep their activities secret from 520ccc.com, Unions, competent authorities and the public. In order to protect the integrity of the Game 520ccc.com requires the power to obtain information and records from persons involved in the Game at the elite level and to share information with Unions, police and other competent authorities and relevant third parties as appropriate.
(e) Persons who are or who seek to be involved in the Game shall be of suitable character reflecting the integrity, reputation and spirit of the Game. They shall be responsible for adhering to the letter and spirit of these Anti-Corruption Regulations.
(f) These Anti-Corruption Regulations shall be interpreted and applied by reference to the fundamental sporting imperatives set out in this Regulation 6.1.3 in preference of any strict legal and/or technical interpretation which may be proposed.
These Anti-Corruption Regulations reflect the Olympic Movement Code on the Prevention of the Manipulation of Competitions as appropriate in the context of the Game.
6.1.4 All Connected Persons are automatically bound by and required to comply with all of the provisions of these Anti-Corruption Regulations. Accordingly, by their involvement in the Game Connected Persons shall be deemed to have agreed:
(a) That it is their responsibility to read and ensure that they understand all of the provisions of these Anti-Corruption Regulations and to comply therewith. Further, that each of them has a duty to inform all of their associates (which may include family and non-family members) as appropriate of the scope and application of these Anti-Corruption Regulations to them.
(b) To submit to the authority of 520ccc.com and their Union to adopt, apply, monitor and enforce these Anti-Corruption Regulations.
(c) To submit to the exclusive jurisdiction of any Judicial Officer and/or Judicial Committee and/or Appeal Committee appointed to hear and determine charges brought by 520ccc.com and/or a Union and/or to address other issues pursuant to these Anti-Corruption Regulations.
(d) Not to bring any proceedings in any court or other forum which are inconsistent with the foregoing submission to the jurisdiction of a Judicial Officer and/or Judicial Committee and/or Appeal Committee appointed in accordance with 520ccc.com Regulations.
6.1.5 All Connected Persons shall where requested by a Union, Rugby Body or 520ccc.com (or their authorised representative(s)) for the purposes of applicable data protection and other laws and applicable purposes relating to or in connection with these Anti-Corruption Regulations be obliged to and shall consent in writing to the collection, processing, disclosure and use of information (including without limitation personal information) relating to themselves and their activities.
6.1.6 There shall be no statute of limitations applicable to these Anti-Corruption Regulations. Unions shall use their best endeavours to ensure that All Connected Persons including in particular Contract Players and Contract Player Support Personnel shall continue to be bound by and are required to comply with these Anti-Corruption Regulations for a period of six months following the cessation of their duties in relation to the Game.
6.1.7 Conduct prohibited under these Anti-Corruption Regulations may also be a criminal offence and/or a breach of other applicable laws and/or regulations in certain jurisdictions. These Anti-Corruption Regulations are intended to supplement such laws and regulations as further rules of conduct for those involved in the Game. They are not intended, and should not be interpreted, construed and/or applied, to prejudice and/or undermine in any way the application of such laws and/or regulations. Connected Persons must comply with all applicable laws and regulations at all times. 520ccc.com acknowledges that cooperation with public authorities by it and Unions and Associations, in particular law enforcement and sports betting entities, is crucial.
6.2 Definitions
The definitions set out below apply to these Anti-Corruption Regulations. In the event of any inconsistency between these definitions and those set out in Regulation 1, then these definitions shall prevail for the purposes of this Regulation.
Anti-Corruption Breach Any breach of these Anti-Corruption Regulations. For the avoidance of doubt an Anti-Corruption Breach shall also constitute Misconduct.
Anti-Corruption Officer The person, or his nominee, appointed from time to time as Anti-Corruption Officer of 520ccc.com.
Attempt An act(s) and/or omission(s) which is more than mere preparation and which constitutes a real and substantial step(s) (individually or cumulatively) towards the commission of an Anti-Corruption Breach (in circumstances where, save for the Attempt itself, the Anti-Corruption Breach was not committed and/or completed and notwithstanding whether the person(s) involved was aware that the act(s) and/or omission(s) may amount to an Anti-Corruption Breach). Where an Attempt is renounced by the perpetrator by way of making a report to the Anti-Corruption Officer prior to such Attempt being discovered by a third party this may be taken into account by the Judicial Officer, Judicial Committee and/or Appeal Committee to reduce the sanction which may otherwise have been applicable. Renunciation and/or withdrawal shall not be relevant save where the foregoing conditions are met nor shall prevention and/or impossibility and/or ineptitude be relevant in relation to an Attempt.
Benefit Any direct and/or indirect monetary and/or non-monetary bribe(s), gain(s), benefit(s), gift(s) and/or advantage(s), including, without limitation, winnings and/or potential winnings as a result of a Bet(s); and/or sporting gain/advantage which brings or has the potential to bring the Game into disrepute. The foregoing shall not include official prize money and/or legitimate contractual payments connected to rugby-related services, sponsorship or endorsements and/or similar payments.
Bet Placing, accepting, laying and/or otherwise entering into any form of wager, bet and/or financial speculation in the expectation of a prize of monetary value, subject to a future occurrence related to an Event (or any aspect thereof). The foregoing shall include, without limitation, a wager, bet and/or financial speculation on a number of events or occurrences (for example, a multi or accumulator bet). A Prohibited Bet shall be any conduct in contravention of Regulation 6.3.1.
Connected Person Any International Player, Contract Player, International Match Official, Contract Player Support Personnel, any coach, trainer, selector, health professional, analyst, team official, administrator, owner, shareholder, director, executive, staff member and/or any other person involved with and/or engaged in relation to the Game by a Union or its National Representative Team and shall include any Union/Association/520ccc.com panel of Match Officials at International Match and/or Contract Player level, Disciplinary Personnel, any Agent and/or representative of an International Player, Contract Player or Contract Player Support Personnel and/or family member and/or associate of any of the foregoing (to the extent that such family member/associate falls under the jurisdiction of a Union, Rugby Body and/or 520ccc.com) and/or any other individual or entity involved in the organisation, administration and/or promotion of the Game at International Match and/or Contract Player level and/or the training of persons participating in the Game at International Match and/or Contract Player level.
Connected Event An Event with which a Connected Person and/or the National Representative Team and/or Union/Association/520ccc.com Match Official panel (as applicable) is involved with, connected to or engaged with. For the avoidance of doubt where the Event is, for example, an International Match forming part of an International Tournament and/or Series of International Matches, every other International Match in that International Tournament and/or Series of International Matches shall also be a Connected Event.
Contract Player Support Personnel A Connected Person who is involved with and/or engaged by a Contract Player, a Club, Rugby Body, team and/or Event which includes Contract Players and shall include the teammates and opponents of Contract Players, the Match Officials and Disciplinary Personnel appointed to an Event which includes Contract Players, the support personnel of such Contract Players and Match Officials and the directors, officers and personnel of Unions, Clubs and Rugby Bodies which engage Contract Players (and including without limitation the owners of Clubs and Rugby Bodies, save where the owner is a Union).
Disciplinary Personnel A Judicial Officer, Citing Commissioner, Disciplinary Committee, Appeal Committee, Judicial Committee and/or Post-Hearing Review Body member, disciplinary officer, and/or anti-doping and/or other disciplinary personnel.
Event A Match, tournament, Series of Matches, league, and/or competition at any level of the Game including, for the avoidance of doubt, a Connected Event.
Fix Fixing, contriving in any way and/or otherwise influencing improperly the outcome of an Event and/or any aspect of an Event and/or being party to any effort to fix, contrive in any way and/or otherwise influence improperly the outcome or any aspect of an Event. The foregoing shall include, without limitation, improperly ensuring that a particular incident(s) takes place or does not take place during an Event(s) or at a particular time or juncture during an Event(s) and improperly manipulating the scoring or any other aspect of an Event(s).
Inside Information Any non-public information relating to any Event including any aspect thereof that a Connected Person possesses by virtue of his position within the Game. Such information includes, but is not limited to, relevant information regarding a Participant(s), conditions, tactic(s) and/or strategy(ies), selection, injury(ies), and/or any other information relating to the likely performance of a Participant(s) and/or outcome of an Event including any aspect thereof, and/or any other relevant information in relation to an Event which is known by a Connected Person(s) but which is not already published or a matter of public record, which is not readily acquired by an interested member of the public and/or disclosed according to the rules and regulations governing the Event.
International Player A Player who participates in an International Match(es).
Match Official A referee, assistant referee, touch judge, television match official, in-goal referee, fourth and fifth match official and any other person involved in the officiating of a Match. An International Match Official is a Match Official who officiates (or has officiated) in an International Match(es).
Mobile Communications Device Any device, electronic or otherwise, which may be used to communicate with another person remotely and without significant delay including, without limitation, telephones, computers, pagers, personal digital assistants, tablet computers, handheld transceivers and any similar device hereinafter invented.
Multi-Sport Games The Olympic Games (including the Youth Olympic Games), the Commonwealth Games (including the Youth Commonwealth Games), the Pan-Pacific Games, the Asian Games and all other similar events featuring the Game along with at least two other sports.
Participant A Player, Match Official, Union, National Representative Team and/or team involved in an Event(s).
Provisional Suspension has the meaning set out in Regulation 6.8.2.
Suspension A suspension of a Connected Person for a specified period of time as determined and imposed by a Judicial Officer or Judicial Committee or Appeal Committee from involvement with the Game as set out in Regulation 6.10.5(d).
Substantial Assistance To be entitled to any benefit pursuant to Regulation 6.10.4(g), a Connected Person must: (a) fully disclose in a signed witness statement all information that he possesses in relation to an Anti-Corruption Breach(es); and (b) cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by 520ccc.com and/or a Union. Further, the information provided must be credible and must comprise an important part of any case that is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.
Unsuitable Conduct Corruption and/or conduct involving dishonesty and/or fraud (including without limitation where the person is the subject of an investigation with respect to these Anti-Corruption Regulations) save where the person: (i) has been found in accordance with the process set out in Regulation 6.9 and 6.11 (as applicable) not to have committed an Anti-Corruption Breach; and/or (ii) has completed a sanction(s) (including without limitation a Provisional Suspension) pursuant to these Anti-Corruption Regulations, including all rehabilitation, education and other requirements, as applicable; and/or (iii) has completed an equivalent or higher sanction under other regulations and/or laws (including without limitation in relation to another sport) to that which would reasonably have been imposed had the matter been heard pursuant to these Anti-Corruption Regulations (taking into account, as appropriate, relevant jurisprudence); and (iv) has been sufficiently rehabilitated.
Unsuitable Person A person so deemed pursuant to Regulation 6.4.
6.3 Anti-Corruption Breaches
A Connected Person commits an Anti-Corruption Breach if he engages in and/or Attempts to engage in any of the conduct set out in Regulations 6.3.1 to 6.3.4 and/or commits any other breach of the requirements of these Anti-Corruption Regulations. Accordingly, it is not necessary that intent, fault, negligence and/or knowing commission of an Anti-Corruption Breach on the Connected Person’s part be demonstrated in order to establish that an Anti-Corruption Breach has been committed.
6.3.1 Prohibited Betting
All Connected Persons
(a) No Connected Person shall, directly or indirectly, Bet and/or Attempt to Bet on the outcome or any aspect of any Connected Event and/or receive and/or Attempt to receive part or all of the proceeds of any such Bet and/or any other Benefit in relation to a Bet.
(b) No Connected Person shall and/or shall Attempt, directly or indirectly, to solicit, offer, induce, entice, instruct, persuade, encourage, agree with and/or facilitate any other party to Bet and/or Attempt to Bet on the outcome or any aspect of any Connected Event.
Contract Player(s) and Contract Player Support Personnel
(c) No Contract Player or Contract Player Support Personnel shall, directly or indirectly, Bet and/or Attempt to Bet on the outcome and/or any aspect of any Event and/or receive and/or Attempt to receive part or all of the proceeds of any such Bet and/or any other Benefit in relation to a Bet.
(d) No Contract Player or Contract Player Support Personnel shall and/or shall Attempt, directly or indirectly, to solicit, induce, entice, instruct, persuade, encourage, agree with and/or facilitate any other person to Bet and/or Attempt to Bet on the outcome or any aspect of any Event.
Connected Persons involved[1] in Multi-Sport Games
(e) No Connected Person involved in a Multi-Sports Games shall, directly or indirectly, Bet and/or Attempt to Bet on the outcome or any aspect of that Multi-Sport Games (including for the avoidance of doubt other sports) and/or receive and/or Attempt to receive part or all of the proceeds of any such Bet and/or any other Benefit in relation to a Bet.
(f) No Connected Person involved in a Multi-Sports Games shall and/or shall Attempt, directly or indirectly, to solicit, offer, induce, entice, instruct, persuade, encourage, agree with and/or facilitate any other party to Bet and/or Attempt to Bet on the outcome or any aspect of that Multi-Sport Games (including for the avoidance of doubt other sports).
6.3.2 Corruption related to Fixing
No Connected Person shall:
(a) Fix and/or Attempt to Fix.
(b) Or shall Attempt, directly or indirectly, to solicit, offer, induce, entice, instruct, persuade, encourage, agree, give, pay for, receive and/or facilitate a Benefit to Fix and/or Benefit to Attempt to Fix.
(c) For Benefit fail to perform to the best of his abilities (including in the future) in relation to an Event(s) including any aspect thereof.
(d) Solicit, offer, induce, entice, instruct, persuade and/or encourage another Connected Person to fail to perform to the best of their abilities in relation to an Event(s).
6.3.3 Misuse of Inside Information
No Connected Person shall or shall Attempt directly or indirectly to:
(a) Use Inside Information for the purposes of Betting whether by themselves or by or via another person and/or entity;
(b) Disclose Inside Information to any person (with or without Benefit) before and/or during an Event where the Connected Person knows and/or may reasonably be expected to know that disclosure of the Inside Information could be used in relation to Betting.[2]
(c) Give and/or receive Benefit for the provision of Inside Information (notwithstanding whether any Inside Information is actually provided).
(d) Solicit, offer, induce, entice, instruct, persuade, encourage and/or facilitate the giving and/or receiving of Benefit for the provision of Inside Information (notwithstanding whether any Inside Information is actually provided).
(e) Solicit, offer, induce, entice, instruct, persuade, encourage, pay for and/or facilitate the breach of any of the foregoing provisions of this Regulation 6.3.3.
6.3.4 General corruption offences
No Connected Person shall and/or shall Attempt directly or indirectly to:
(a) Solicit, offer, induce, entice, instruct, persuade, encourage and/or facilitate the giving and/or receiving of Benefit in relation to an Event improperly and/or in circumstances which the Connected Person knows and/or may reasonably be expected to know could bring the Connected Person and/or the Game into disrepute and/or may pose a threat to the integrity of the Game.
(b) Obstruct and/or delay any investigation by the Anti-Corruption Officer and/or tamper with, obstruct, delay, and/or destroy any evidence, potential evidence, documentation and/or information which may be relevant to an Anti-Corruption Breach (actual or potential) and/or an investigation into anti-corruption or pursuant to these Anti-Corruption Regulations.
(c) associate in a professional or sport-related capacity with an Unsuitable Person.
6.3.5 Responsibilities of Connected Persons
(a) Connected Persons shall report to the Anti-Corruption Officer at the first available opportunity full details of any approach, invitation, offer, solicitation, inducement, enticement, instruction, persuasion, encouragement, payment and/or facilitation to them and/or to any other Connected Person of which they have knowledge with respect to Prohibited Betting and/or Attempted Prohibited Betting, Fixing, Attempted Fixing, the provision of Inside Information for such purposes and/or any other conduct, information and/or credible suspicion in relation to any conduct which may breach any provision of and/or be relevant with respect to these Anti-Corruption Regulations and/or which may otherwise pose a threat to the integrity of the Game. For the avoidance of doubt, Connected Persons shall be required to report any new information or suspicion pursuant to the foregoing including in circumstances where the Connected Person has already made a report to the Anti-Corruption Officer and/or is aware that a report has been made by another person and/or is otherwise aware that the matter has come to the attention of the Anti-Corruption Officer. 520ccc.com shall permit reports to be made anonymously.
(b) In the event that a Connected Person fails to comply with Regulation 6.3.5(a) the Connected Person shall be liable to receive the same sanction, as if s/he had committed the Anti-Corruption Breach himself.
(c) Upon request by the Anti-Corruption Officer, Connected Persons shall cooperate accurately, completely and without undue delay with, and shall provide all necessary assistance to, the Anti-Corruption Officer with respect to any matter pursuant to these Anti-Corruption Regulations (including answering the questions of and furnishing the Anti-Corruption Officer with, all relevant and/or requested documentation and information, including, without limitation, any Mobile Communications Devices, Mobile Communications Device records, bank account, credit card and transaction details, betting account records, internet and email records, computers and hard drives and other electronic information storage devices and documents and associated login/password details as applicable). Connected Persons shall ensure that any such items and/or documents are available and/or can be obtained.
(d) Connected Persons shall attend any hearings (either in person or by telephonic means as directed by the Judicial Officer, Judicial Committee and/or Appeal Committee) save where they have not been given reasonable notice and/or where they have other compelling justification to the satisfaction of the Judicial Officer, Judicial Committee and/or Appeal Committee.
(e) Connected Persons shall, and shall make all efforts within their power to ensure that their family members/associates shall, keep all matters related to a report pursuant to Regulation 6.3.5(a) and/or to a request pursuant to Regulation 6.3.5(c) and/or any other proceedings pursuant to these Anti-Corruption Regulations confidential save as otherwise required in accordance with these Anti-Corruption Regulations, applicable laws and/or regulations.
(f) 520ccc.com may issue a direction prohibiting and/or restricting the use of Mobile Communications Devices on the day of an International Match for certain Connected Persons involved with the conduct of the International Match (without prejudice to the ability of a Union or Tournament Organiser to issue such a direction in its own jurisdiction) and in such case all Connected Persons shall comply with the direction(s) of 520ccc.com. Before such direction is issued 520ccc.com shall advise and as appropriate, consult in advance with the Host Union or Tournament Organiser with regard to logistics and implementation of the directive(s).
(g) Connected Persons involved in a Multi-Sports Games shall not breach any rules and/or regulations with respect to betting and/or corruption of those Multi-Sports Games.
(h) For the avoidance of doubt a failure to comply with any aspect of this Regulation 6.3.5 shall constitute an Anti-Corruption Breach.
6.3.6 The following shall not be relevant to the determination as to whether an Anti-Corruption Breach has been committed (although they may be relevant to the issue of the appropriate sanction to be imposed pursuant to Regulation 6.10):
(a) Whether the Connected Person who is alleged to have committed an Anti-Corruption Breach was participating in the particular Event(s) in relation to which the conduct is alleged;
(b) The outcome of the Event (and/or any aspect thereof) in relation to which such Bet was made and whether it was intended;
(c) Whether or not any Benefit was actually given or received;
(d) The nature and/or outcome of any Bet(s) in issue;
(e) An absence of or unusual evidence with respect to a Connected Person’s lack of effort and/or poor performance in an Event and/or aspect thereof (however, any such evidence may be offered to support an allegation regarding a breach of these Anti-Corruption Regulations);
(f) Whether or not a Connected Person’s efforts or performance (if any) in relation to the Event(s) in issue were (or could be expected to be) affected by the acts or omissions in question;
(g) Whether or not any of the results and/or aspects of the Event(s) in issue were (or could be expected to be) affected by the acts or omissions in question.
(h) Whether or not the manipulation included a violation of a technical rule and/or regulation of 520ccc.com, a Union and/or the Tournament Organiser; and
(i) Whether or not the Event was attended by a representative of the Union, Association, Tournament Organiser, 520ccc.com or other competent authority.
6.3.7 Any act or omission that is proven to amount to aiding, abetting or an Attempt to commit an Anti-Corruption Breach shall be treated as if an Anti-Corruption Breach has been committed whether or not such act or omission resulted in an Anti-Corruption Breach.
6.3.8 It shall be a valid defence by a Connected Person to an allegation of an Anti-Corruption Breach that the Connected Person has: (i) promptly made a report in accordance with Regulation 6.3.5(a); and/or (ii) demonstrates that such conduct was the result of a significant threat to the life and/or safety of the Connected Person or another person.
6.4 Unsuitable Persons
6.4.1 The Anti-Corruption Officer may make an application to a Judicial Officer to deem any person who is and/or is seeking to become a Connected Person to be an Unsuitable Person where the Anti-Corruption Officer has reasonable grounds to believe that the person may be and/or may have been involved in any Unsuitable Conduct.
6.4.2 The Anti-Corruption Officer, or his nominee, may conduct an investigation(s) in relation to any person suspected of being an Unsuitable Person prior to making the application to the Judicial Officer pursuant to 6.4.1 above and/or for a Provisional Suspension to be applied pending final determination of the matter. The Anti-Corruption Officer shall consult with the relevant Union (as appropriate) and provide the person the subject of the investigation with the opportunity to be heard and represented. Any failure to cooperate fully with and/or to provide full, accurate and prompt assistance to the Anti-Corruption Officer, or his nominee, in relation to such investigation shall be grounds for a Judicial Officer to make a determination that the person is an Unsuitable Person.
6.4.3 The person the subject of the application pursuant to Regulation 6.4.1 (the ''Subject") shall be given notice of such application and shall have an opportunity to present his case. Save where this Regulation 6.4 requires otherwise, Regulation 6.9 shall apply to hearings regarding Unsuitable Persons.
6.4.4 Following consideration of the evidence presented to him, the Judicial Officer shall either (i) impose a Provisional Suspension (where sought by the Anti-Corruption Officer) or, (ii) deem a Subject to be an Unsuitable Person where he considers that there are reasonable grounds to believe that the Subject may be and/or may have been involved in any Unsuitable Conduct.
6.4.5 The Anti-Corruption Officer shall notify the Unsuitable Person and the Union(s) concerned in writing advising them of the decision of the Judicial Officer. Where a person has been deemed to be an Unsuitable Person he may not, following receipt of notification, be involved in the Game as a Connected Person; and no Connected Person shall associate with an Unsuitable Person in a professional or sport-related capacity. Unions shall acknowledge and enforce any such decision and its consequences forthwith.
6.4.6 A person who has been deemed an Unsuitable Person may issue a notice of appeal within fourteen (14) days of receipt of the notification of the decision to the Appeal Panel Chairman. The appeal shall be heard by an Appeal Committee pursuant to the procedure set out in Regulation 6.11.
6.4.7 Where the Appeal Committee confirms the decision that the person is an Unsuitable Person or where the Unsuitable Person does not appeal he may re-apply to a Judicial Officer after six (6) months of the date of the written decision of the Appeal Committee or Judicial Officer, as applicable, with evidence in relation to his rehabilitation from the Unsuitable Conduct which led to him being deemed to be an Unsuitable Person. The processes set out in Regulations 6.4.2 to 6.4.6 shall apply in relation to all subsequent applications.
6.4.8 Any breach by a Subject and/or an Unsuitable Person of a Provisional Suspension and/or Regulation 6.4.4 may result in a Judicial Officer (following an application by the Anti-Corruption Officer) increasing the period before which the Unsuitable Person may not re-apply pursuant to this clause by up to two (2) years.
6.4.9 Any person who is subject to a Suspension (including for these purposes a Provisional Suspension) for an Anti-Corruption Breach (including for these purposes pursuant to a decision under the anti-corruption regulations, or equivalent, of a Union or another sporting body recognised by 520ccc.com in accordance with Regulation 6.14) shall, automatically be deemed an Unsuitable Person for the duration of his Suspension or Provisional Suspension. Where a person violates a Suspension, a new Suspension equal in length to the original period of Suspension shall be added to the end of the original period of Ineligibility. The new period of Suspension may be adjusted based on the Player or other Person’s degree of fault and other circumstances of the case. The determination of whether such a person has violated a Suspension, and whether an adjustment is appropriate, shall be made by a Judicial Committee of 520ccc.com (or the Association, Union or Tournament Organiser handling the case as applicable). This decision may be appealed under Regulation 6.11.
6.4.10 Judicial Officers and Appeal Committees, as applicable, shall have full discretion in relation to a decision to deem a person to be an Unsuitable Person, maintain a person as an Unsuitable Person and/or impose any conditions in deeming a person to be a suitable person and neither he, they, 520ccc.com nor any Union shall be liable to any person and/or entity with respect to such decision(s).
6.5 Responsibilities of Unions
These Anti-Corruption Regulations shall apply to 520ccc.com and each Union and each of its and their constituents. Each Union is responsible for ensuring (and must ensure) that:
(a) It furnishes the Anti-Corruption Officer with full details of any matter which may relate to an Anti-Corruption Breach, a potential Anti-Corruption Breach, a person to whom Regulation 6.4 may apply and/or any other matter related to the subject of these Anti-Corruption Regulations as soon as practicable and that it assists the Anti-Corruption Officer with respect to any investigation, hearing and/or other matter pursuant to these Anti-Corruption Regulations.
(b) It has in place anti-corruption regulations which reflect the principles of these Anti-Corruption Regulations at national level in accordance with applicable laws. However, nothing in these Anti-Corruption Regulations shall prevent a Union from imposing more restrictive regulations than these Anti-Corruption Regulations within its jurisdiction including for reasons of compliance with local laws and regulations.
(c) It shall use all efforts in its power to obtain the written acknowledgement of all Connected Persons acknowledging that they are bound by and shall comply with these Anti-Corruption Regulations and the anti-corruption regulations of the Union.
(d) It shall establish rules and procedures such that all Connected Persons consent to the dissemination of their private data as required or authorised by these Anti-Corruption Regulations and/or the anti-corruption rules of the Union and/or Rugby Body and shall use its best endeavours to obtain the consent of Connected Persons in relation to the collection, processing, disclosure and use of data relating to Connected Persons and their activities.
(e) It takes appropriate action to inform each of its Contract Players, Contract Player Support Personnel and Connected Persons of these Anti-Corruption Regulations and its anti-corruption regulations and their obligations thereunder. To combat corrupt gambling practices and promote the integrity of sport, each Union shall co-operate with 520ccc.com and in particular with its educational initiatives and develop, plan, implement, evaluate and monitor information and education programmes to facilitate compliance in its jurisdiction with these Anti-Corruption Regulations and its own anti-corruption regulations.
(f) It keeps the Anti-Corruption Officer fully informed in relation to any intelligence it has in relation to a breach(es) and/or potential breach(es) of these Anti-Corruption Regulations (and/or the Union’s anti-corruption regulations) arising from or out of its jurisdiction; that it consults and cooperates with the Anti-Corruption Officer in advance with respect to the action it intends to take; and that it takes appropriate action with respect to breach(es) and/or potential breach(es) of these Anti-Corruption Regulations and its anti-corruption regulations. The Anti-Corruption Officer shall also share appropriate information with the Union(s) with respect to matters subject to these Anti-Corruption Regulations and/or involving the Unions’ members.
(g) It nominates an anti-corruption officer for the purposes of managing the Union’s obligations under these Anti-Corruption Regulations and its own anti-corruption regulations, including the reporting and information-sharing requirements set out herein.
(h) It establishes relationships with appropriate bodies in its jurisdiction with respect to anti-corruption, including any betting operators, police, any gambling authorities, its National Olympic Committee and other competent bodies and facilitates where appropriate, the extension of such relationships to 520ccc.com.
(i) It does not permit any Betting related to age-grade National Representative Teams (being ordinarily persons under the age of 18) or sponsorship by organisations promoting Betting in connection with such age grade teams or Match Officials of Matches involving such teams, under its jurisdiction.
6.6 Burden and standard of proof
6.6.1 The Anti-Corruption Officer (who may be represented by counsel) shall have the burden of establishing that an Anti-Corruption Breach has been committed and/or that a person is an Unsuitable Person, as applicable. The standard of proof in all matters under these Anti-Corruption Regulations shall be the balance of probabilities.
6.6.2 Where these Anti-Corruption Regulations place the burden of proof upon the Connected Person alleged to have committed an Anti-Corruption Breach and/or person subject to Unsuitable Person proceedings to rebut a presumption or establish facts or circumstances, the standard of proof shall also be the balance of probabilities.
6.7 Investigations
6.7.1 Any breach, allegation or suspicion of a breach of these Anti-Corruption Regulations shall be referred in the first instance to the Anti-Corruption Officer for investigation and possible charge in accordance with Regulation 6.7.5.
6.7.2 The Anti-Corruption Officer or his nominee may conduct investigations into the activities of any Connected Person that he reasonably suspects may have committed an Anti-Corruption Breach under these Anti-Corruption Regulations. Such investigations may be conducted in conjunction with, and/or information obtained in such investigations may be shared with, Unions, Tournament Organisers and/or other relevant authorities (including criminal, administrative, professional and/or judicial authorities) and all Connected Persons and Unions must cooperate fully with such investigations and failure to cooperate with any such investigation may itself constitute Misconduct under the Regulations. The Anti-Corruption Officer shall have discretion, where he deems it appropriate, to stay his own investigation pending the outcome of investigations being conducted by a Union and/or other relevant authorities.
6.7.3 In connection with any investigation, if the Anti-Corruption Officer reasonably suspects that a Connected Person (or a third party whose actions may be imputed to a Connected Person) has committed an Anti-Corruption Breach, he may make a written demand to the Connected Person (a ‘Demand’) to provide him with any information that is reasonably related to the alleged Anti-Corruption Breach, including, without limitation:
(a) Copies or access to all records relating to the alleged breach (such as without limitation Mobile Communications Device, Mobile Communication Device records, bank account, credit card and transaction details, internet and email records, betting account records, computer hard drives and other electronic information storage devices and documents and associated login/password details as applicable); and/or
(b) A written statement made by the Connected Person setting out in detail all of the facts and circumstances of which the Connected Person is aware with respect to the alleged Anti-Corruption Breach.
The Connected Person shall cooperate fully with any such Demand, including by furnishing such information within such reasonable period of time as may be determined by the Anti-Corruption Officer, which ordinarily, should be no earlier than fourteen (14) days of the Connected Person’s receipt of the Demand. Where appropriate, the Connected Person may seek a reasonable extension of time from the Anti-Corruption Officer by providing the Anti-Corruption Officer with clear and justifiable reasons to support such an extension.
6.7.4 Any information furnished to the Anti-Corruption Officer will not be used for any reason other than pursuant to these Anti-Corruption Regulations and/or the anti-corruption regulations of a Union and will be kept strictly confidential except when:
(a) It becomes necessary to disclose such information in support of a charge of breach of the Anti-Corruption Regulations;
(b) Such information is already published or within the public domain and readily acquired by an interested member of the public, or
(c) Disclosed according to the rules and regulations governing the relevant Event; and/or
(d) It becomes necessary to disclose such information where it may also amount to or evidence infringements (actual or potential) of applicable laws or regulations. In such circumstances the Anti-Corruption Officer and/or 520ccc.com may conduct investigations in relation to such matter in conjunction with and/or may share information relating to the matter with the competent authorities (including any applicable police, taxation, fraud, criminal intelligence or other authorities), whether pursuant to formal information-sharing information agreements with such authorities or otherwise.
Excluding where required by law pursuant to (d) above, the Anti-Corruption Officer shall not disclose any information which he considers likely to endanger the health and/or safety of any person and/or the interests of the Game.
6.7.5 Where, following an investigation, the Anti-Corruption Officer (in consultation with the CEO) determines that there is a case to answer under these Anti-Corruption Regulations then the matter shall be referred to a Judicial Committee or Judicial Officer for consideration. The Connected Person and his Union shall be notified in accordance with Regulation 6.7.6. The decision of the Anti-Corruption Officer to investigate and/or bring a charge(s) for an Anti-Corruption Breach(es) shall be final.
6.7.6 The Connected Person and their Union shall be sent the charge(s) relating to the Anti-Corruption Breach(es) which should include the following information (the ‘Notice of Charge’):
(a) That the Connected Person has a case to answer under Regulation 6.3;
(b) The specific Anti-Corruption Breach(es) which the Connected Person is alleged to have committed;
(c) Details of the alleged acts and/or omissions relied upon in support of the charge;
(d) The range of sanctions applicable under the Anti-Corruption Regulations;
(e) The matters relating to Provisional Suspension specified at Regulation 6.8 (as applicable); and
(f) The matters relating to responding to a Notice of Charge specified in Regulation 6.7.7.
6.7.7 The Notice of Charge shall specify that, if the Connected Person wishes to exercise his right to a hearing he shall respond to the Notice of Charge in writing within fourteen (14) days of his receipt of the Notice of Charge indicating whether he admits or denies the allegations against him and/or whether he admits the allegations against him but intends to make submissions with respect to sanction at a hearing and/or in writing. If the Connected Person does not respond to the Notice of Charge within fourteen (14) days of receipt denying or admitting the allegations against him but indicating his intention to make submissions with respect to sanctions at a hearing and/or in writing, the Connected Person shall be deemed:
(a) To have waived his entitlement to a hearing;
(b) To have admitted that he has committed the Anti-Corruption Breach(es) alleged in the Notice of Charge;
(c) To have acceded to the range of applicable sanctions specified in these Anti-Corruption Regulations.
In such circumstances the matter shall be referred to the Chairman of the Judicial Panel in accordance with Regulation 20.3.1 to appoint a Judicial Officer to proceed to determine the matter on the papers. The Connected Person shall be Provisionally Suspended forthwith pending the determination of the matter by the appointed Judicial Officer, (notwithstanding the procedure set out in Regulation 6.8), and the Anti-Corruption Officer shall notify the Connected Person accordingly. The Anti-Corruption Officer shall be entitled to make written submissions to the Judicial Officer and to adduce such evidence as he considers appropriate.
6.7.8 If the Connected Person responds to the Notice of Charge within fourteen (14) days of receipt denying the allegations against him, his response shall set out as a minimum a summary of the grounds upon which he denies those allegations. In any event, where the Connected Person denies the allegations or admits the allegations but indicates his intention to make submissions with respect to sanction at a hearing and/or in writing, the case shall be referred to the Chairman of the Judicial Panel in accordance with Regulation 20.3.1 to appoint a Judicial Committee or Judicial Officer and shall be proceeded with in accordance with Regulation 6.9 (notwithstanding the procedure with respect to Provisional Suspension set out in Regulation 6.8).
6.7.9 Notwithstanding Regulations 6.7.7, 6.7.8 and without prejudice to Regulation 6.12, the Anti-Corruption Officer where he considers it appropriate, and where the relevant Union agrees, may refer the conduct of an investigation(s) and/or a hearing(s) pursuant to these Anti-Corruption Regulations arising from its jurisdiction to the relevant Union. 520ccc.com shall be a notice party in any such proceedings and shall provide assistance, where required, to the Union. The Anti-Corruption Officer may only take such action prior to the commencement of the substantive hearing before a Judicial Committee or Judicial Officer. The Anti-Corruption Officer, in consultation with the relevant Union, may also assume the conduct of an investigation(s) and/or hearing(s) under the Union’s anti-corruption rules where the person(s) the subject of such investigation(s) and/or hearing(s) is also a Connected Person(s) the subject of an investigation(s) and/or hearing(s) pursuant to these Anti-Corruption Regulations. Unless 520ccc.com directs otherwise, the Union shall maintain any action taken pursuant to this Regulation 6.7.9 confidential.
6.8 Provisional Suspension
6.8.1 Where the Anti-Corruption Officer issues a Notice of Charge to a Connected Person he may apply to a Judicial Committee or Judicial Officer to impose a Provisional Suspension on such Connected Person pending determination of the case at a hearing. The Anti-Corruption Officer shall notify the Connected Person of his application who shall be informed of the time and date of the hearing in respect of the Provisional Suspension application. The hearing shall ordinarily not be conducted until the Connected Person has confirmed receipt of the notification of the Provisional Suspension hearing. The hearing shall be conducted in accordance with Regulation 6.9. The Judicial Committee or Judicial Officer shall impose a Provisional Suspension on the Connected Person where the Anti-Corruption Officer has demonstrated on the balance of probabilities that there is a prima facie case that the Connected Person has committed an Anti-Corruption Breach. Such Provisional Suspension shall remain in place pending the final determination of the matter by a Judicial Committee or Judicial Officer.
6.8.2 Provisional Suspension means the Connected Person or other person is barred temporarily from playing, training as part of any team or squad, officiating, coaching, selecting, administering and/or otherwise participating or being involved in any capacity in the Game or participating in any function, event or activity that is authorised, organised, sanctioned, recognised or supported in any way by 520ccc.com, an Association, a Union or Rugby Body prior to the final decision at a disciplinary hearing. Unions and Rugby Bodies shall take all reasonable steps within their powers to give effect to this Regulation 6.8.2 where they have the jurisdiction to do so.
6.8.3 (a) Where a Provisional Suspension is imposed and respected by the Connected Person he shall receive a credit for such period of Provisional Suspension against any period of suspension which may ultimately be imposed.
(b) If a Connected Person voluntarily accepts a Provisional Suspension in writing from the Anti-Corruption Officer and thereafter refrains from competing or participating in the Game in any way, the Connected Person shall receive a credit for such period of voluntary Provisional Suspension against any period of suspension which may ultimately be imposed.
(c) No credit against a period of suspension shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Connected Person elected not to compete or was suspended by his Union.
6.9 Disciplinary Procedures
6.9.1 The general procedures relating to hearings before Judicial Officers and Judicial Committees contained in Regulation 18 Appendix 1 shall apply to any matter arising under these Anti-Corruption Regulations subject to any provisions to the contrary herein.
6.9.2 The Judicial Officer, Judicial Committee and/or Appeal Committee as appropriate, shall not be bound by any jurisdiction’s judicial rules governing the admissibility of evidence. Instead, facts relating to an alleged Anti-Corruption Breach may be established by any reliable means, as determined in the sole discretion of the Judicial Officer, Judicial Committee and/or Appeal Committee, as appropriate.
6.9.3 Further, notwithstanding that such conduct may amount to a separate Anti-Corruption Breach, the, Judicial Committee, Judicial Officer and/or Appeal Committee, as appropriate, may draw an inference adverse to the Connected Person alleged to have committed an Anti-Corruption Breach based on his failure and/or refusal to cooperate fully, accurately and promptly with and/or to provide full, accurate and prompt assistance to the Anti-Corruption Officer and/or his failure and/or refusal to attend the hearing (in person or by telephonic means as directed by the Judicial Officer, Judicial Committee and/or Appeal Committee, as appropriate) of which he has been given reasonable notice and/or to give full and accurate evidence as directed.
6.9.4 Where two or more Connected Persons are alleged to have committed Anti-Corruption Breaches which arise from the same incident or set of facts or where there is a clear link between the two or more cases, such cases may be dealt with at the same hearing before the Judicial Officer or Judicial Committee (or in the case of an appeal, the Appeal Committee), provided there is no prejudice to any such Connected Person.
6.9.5 Save where the Judicial Officer or the Judicial Committee (or in the case of an appeal, an Appeal Committee) orders otherwise, the hearing and all submissions and documents shall be in English or translated or interpreted into English at the cost of the party presenting such evidence, submissions or documents. The hearing shall take place in such location and in such form as the Judicial Officer or Judicial Committee (or in the case of an appeal, the Appeal Committee) shall direct, taking into account any submissions from the parties.
6.9.6 The Judicial Officer or Judicial Committee (and in the case of an appeal, the Appeal Committee) shall issue its decision in writing, with reasons, through 520ccc.com to the Anti-Corruption Officer and the Connected Person and his Union as soon as practicable after the hearing. The written decision of the Judicial Officer or Judicial Committee shall set out and explain:
(a) Its findings with respect to whether any Anti-Corruption Breach(es) has/have been committed;
(b) Its findings as to what sanctions, if any, are to be imposed on the Connected Person and, in the case of a period of Suspension, the dates;
(c) The rights of appeal as set out in Regulation 6.11.
In the case of an appeal the written decision of the Appeal Committee shall set out its decision in relation to the appeal and shall indicate whether the sanctions, if any, imposed by the Judicial Officer or Judicial Committee are to be varied and, if so, shall set out what sanctions are to be imposed on the Connected Person and in the case of a Period of Suspension, the dates thereof.
6.9.7 Subject only to the appeal provisions set out in Regulation 6.11 the decision of a Judicial Officer or Judicial Committee under these Anti-Corruption Regulations shall be the full, final and complete disposition of the matter and shall be binding on all parties.
6.10 Sanctions
6.10.1 Where it is determined that an Anti-Corruption Breach has been committed, the Judicial Committee or Judicial Officer (and in the case of an appeal as applicable, the Appeal Committee) shall impose an appropriate sanction upon the Connected Person from the range of permissible sanctions described in Regulation 6.10.2. In order to determine the appropriate sanction applicable in each case, the Judicial Committee or Judicial Officer (and in the case of an appeal as applicable, the Appeal Committee) in determining the relative seriousness of the offence shall take the aggravating and mitigating features of offending set out in Regulation 6.10.3 and 6.10.4 into account and shall detail the effect of such factors on the final sanction in the written decision.
6.10.2 The range of sanctions applicable to an Anti-Corruption Breach is set out hereunder.
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Anti-Corruption Breach |
Range of Sanctions |
Additional Sanctions |
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Prohibited Betting
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Minimum: |
AND (in all cases) The Judicial Committee or Judicial Officer shall have the discretion to impose a fine on the Connected Person arising out of, or in connection with the Anti-Corruption Breach(es). AND (in all cases) Appropriate further options including without limitation the cancellation of sports results / events, demotion, points reduction, return of rewards, replay of fixtures (for example in cases of Match Official corruption) where risk of fraud has been established or identified, withdrawal of accreditation, exclusion from Match venues and/or official Player environs, as appropriate. |
|
Corruption Related |
Minimum: |
|
|
Misuse of Inside Information |
Minimum: |
|
|
General Corruption Offences |
Minimum: reprimand and/or warning Maximum: 5-year Suspension |
6.10.3 The aggravating features of the offending in connection with an Anti-Corruption Breach shall include the following:
(a) Whether the Connected Person has a high degree of fault [5] in relation to the Anti-Corruption Breach;
(b) Whether the Connected Person has previously been found guilty of any similar Anti-Corruption Breach under these Anti-Corruption Regulations or any Misconduct regulations, whether by 520ccc.com, a Union or a Tournament Organiser, or of a similar offence under any other laws and/or regulations;
(c) Where the amount of any Benefit, directly or indirectly received by the Connected Person as a result of the offence(s), is substantial and/or where the sums of money otherwise involved in the Anti-Corruption Breach(es) were substantial;
(d) Where the Anti-Corruption Breach substantially damaged (or had the potential to damage substantially) the commercial value and/or the public interest in the relevant Event(s);
(e) Where the Anti-Corruption Breach affected (or had the potential to affect) the result of the relevant Event(s);
(f) Where the welfare of a Connected Person or any other person has been endangered as a result of the Anti-Corruption Breach;
(g) Where the Anti-Corruption Breach involved more than one Connected Person;
(h) Where the Connected Person has not cooperated with any investigation and/or the process (notwithstanding that this may amount to a separate Anti-Corruption Breach); and/or
(i) Any other aggravating factor(s) that the Judicial Committee or Judicial Officer (or in the case of an appeal as applicable, the Appeal Committee) considers relevant and appropriate.
6.10.4 The mitigating features of the offending in connection with an Anti-Corruption Breach shall include the following:
(a) Whether the Connected Person has a low degree of fault[6] in relation to the Anti-Corruption Breach;
(b) The presence and timing of an acknowledgement of culpability/wrongdoing and/or remorse by the Connected Person;
(c) A good disciplinary record and/or good character of the Connected Person;
(d) The youth and level of experience of the Connected Person;
(e) Where the Anti-Corruption Breach did not substantially damage (or have the potential to substantially damage) the commercial value and/or the public interest in the relevant Event(s);
(f) Where the Anti-Corruption Breach did not affect (or have the potential to affect) the result of the relevant Event(s);
(g) Where the Connected Person provides Substantial Assistance to 520ccc.com and/or a Union, a criminal authority or professional disciplinary body that results in 520ccc.com or Union discovering or establishing a Anti-Corruption Breach by another Connected Person or that results in a criminal or disciplinary body discovering or establishing a criminal offence or the breach of professional rules by another Connected Person or other third party;
(h) Where the Connected Person has already suffered penalties under other laws and/or regulations for the same offence; and/or
(i) Any other mitigating factor(s) that the Judicial Committee or Judicial Officer considers relevant and appropriate.
6.10.5 For the avoidance of doubt:
(a) Where a Connected Person is found guilty of committing two Anti-Corruption Breaches under these Anti-Corruption Regulations in relation to the same incident or set of facts and sanctioned separately, then any sanctions imposed should run concurrently (and not cumulatively);
(b) Where a fine and/or costs award is imposed against a Connected Person, then such fine and/or costs award must be paid by the Connected Person (and not, unless 520ccc.com agrees, by any other third party, including a Union) within a reasonable time period specified by the Judicial Committee or Judicial Officer (or in the case of an appeal as applicable, by the Appeal Committee). Where the sanction imposed does not include a period of Suspension from the Game but does include a fine and/or costs award, pending the payment of such fine and/or costs the Connected Person may not participate in the Game on the same basis as if they were subject to Suspension;
(c) Any Suspension imposed on the Connected Person shall commence on the date that the decision imposing the Suspension is issued unless indicated otherwise in the written decision;
(d) Any Connected Person who has been Suspended may not, during the period of Suspension, fulfil any role set out within the definition of Connected Person in Regulation 6.2 including, for the avoidance of doubt, playing or training as part of any team or squad, participating or being involved in any capacity in the Game and/or participating in any function, event or activity (other than authorised anti-corruption education or rehabilitation programmes) that is authorised, organised, sanctioned, recognised or supported in any way by 520ccc.com, an Association, a Union or Rugby Body; and shall not associate in a professional or sport-related capacity with any Unsuitable Person. Unions shall take all reasonable steps within their powers to give effect to this Regulation 6.10.5(d) where they have the jurisdiction to do so;
(e) Connected Persons who are subject to a Suspension shall remain subject to the Anti-Corruption Regulations during that period in their former capacity (that is, Connected Person and, as applicable, Contract Player and/or Contract Player Support Personnel). If the Connected Person commits an Anti-Corruption Breach during a Suspension, this shall be treated as a separate Anti-Corruption Breach and separate proceedings will be brought pursuant to Regulation 6.7.5;
(f) Once any period of Suspension has expired, the Connected Person will automatically become re-eligible to return to the Game provided that he has first: (a) completed a 520ccc.com-approved anti-corruption education programme to the reasonable satisfaction of 520ccc.com and is rehabilitated; (b) satisfied, in full, any fine and/or award of costs made against him by any Judicial Committee or Judicial Officer (or in the case of an appeal as applicable, Appeal Committee); and (c) agreed to subject himself to such additional reasonable and proportionate monitoring procedures and requirements as the Anti-Corruption Officer may reasonably consider necessary given the nature and scope of the Anti-Corruption Breach committed.
6.10.6 Notwithstanding the discretion to impose a life Suspension in relation to an Anti-Corruption Breach of Regulation 6.3 and the right to appeal pursuant to Regulation 6.11, any Connected Person who has been held to have committed an Anti-Corruption Breach(es) in three (3) separate proceedings pursuant to these Anti-Corruption Regulations and/or those of a Union, Rugby Body or recognised sports body (per Regulation 6.14) shall automatically be Suspended for life.
6.11 Appeals
6.11.1 The decision of a Judicial Committee or Judicial Officer made under these Anti-Corruption Regulations may be challenged by 520ccc.com or a Connected Person or the Union of a Connected Person who is the subject of the decision (as applicable) to an Appeal Committee as set out in this Regulation 6.11.
6.11.2 Decisions being appealed shall remain in effect and binding pending resolution of the appeal.
6.11.3 The time limit for filing an appeal to 520ccc.com or Union (as applicable) shall be fourteen (14) days from the date of receipt of the written reasoned decision by the appealing party.
6.11.4 The general procedures relating to hearings before Appeal Committees contained in Regulation 18 Appendix 1 shall apply to any matter arising under these Anti-Corruption Regulations subject to any provisions to the contrary herein.
6.11.5 The notice of appeal shall be in writing signed by the Connected Person or party lodging the appeal and shall specify the following information (the ‘Notice of Appeal’):
(a) The name of the Appellant lodging the appeal;
(b) The written decision appealed against, and the date and a copy thereof;
(c) The date of receipt of the decision appealed against by the Appellant;
(d) The specific grounds of appeal;
(e) The appellant’s request for relief;
(f) Evidence of payment of any appeal deposit.
Except as provided, no specific form of a notice of appeal is required.
6.11.6 520ccc.com shall require each Notice of Appeal to be accompanied by a deposit of an amount not exceeding £5,000 (pounds sterling). In the event of the deposit not being paid the appeal shall be deemed to have been abandoned. The Appeal Committee in any case shall have the power to extend the time for payment of the deposit. In the event of an appeal by 520ccc.com or a Union, no appeal deposit shall be payable.
6.11.7 On the lodgement of the appeal 520ccc.com shall notify the applicable parties and make available the full record of the proceedings of the Judicial Committee or Judicial Officer to the Appeal Committee.
6.12 520ccc.com Assistance and Supervision
6.12.1 Notwithstanding Regulation 6.7.9, a Union may request 520ccc.com to assume the conduct of an investigation and/or hearing under these Anti-Corruption Regulations (following a referral pursuant to Regulation 6.7.9) and/or its anti-corruption regulations where there is or appears to be an international element, where the Union does not have sufficient resources and/or expertise to continue with the investigation and/or manage the hearing and/or otherwise where appropriate. Where 520ccc.com agrees to the request the Union shall provide all assistance to 520ccc.com with respect to the conduct of the investigation and/or hearing as 520ccc.com shall require.
6.12.2 Notwithstanding Regulation 6.7.9 and Regulation 6.12.1, where 520ccc.com reasonably determines that there has been an abject failure by a Union to proceed with an investigation and/or a hearing referred to it under these Anti-Corruption Regulations and/or otherwise under its anti-corruption regulations and/or where a sanction arising from a hearing and/or appeal conducted by the Union pursuant to these Anti-Corruption Regulations and/or its anti-corruption regulations is manifestly inappropriate and/or erroneous in all of the circumstances, 520ccc.com may in the interests of the image of the Game assume the conduct of such investigation and/or remit a decision from a Union to be re-heard before a Judicial Officer, Judicial Committee or Appeal Committee as appropriate.
6.13 Confidentiality
6.13.1 520ccc.com and the Union concerned shall take reasonable steps to maintain confidentiality with respect to any action pursuant to these Anti-Corruption Regulations, save as required with respect to compliance with applicable laws and regulations and/or competent authorities and consultation with advisers, until such time as the decision of the Judicial Committee or Judicial Officer, if any, has been reached and the Connected Person the subject of that decision and his Union have been informed.
6.14 Recognition of Decisions
6.14.1 Any decision of 520ccc.com or the decision of a Union and/or Tournament Organiser where such decision is recognised and accepted by 520ccc.com in connection with these Anti-Corruption Regulations and/or the anti-corruption regulations of a Union and/or Tournament Organiser, shall be recognised automatically (without the need for further formality) by all Unions and Tournament Organisers which shall take all necessary action to render such decision (including without limitation any sanctions and/or penalties) effective (in compliance with any applicable laws).
6.14.2 Subject to the right of appeal, 520ccc.com shall respect any decision (including without limitation any sanctions and/or penalties) issued in compliance with the Olympic Movement Code on the Prevention of Manipulation of Competitions. In addition, 520ccc.com may as appropriate recognise other decisions imposed by public authorities and/or other sports in respect of corruption and betting-related matters whether specifically defined hereunder or otherwise, and may recognise and/or impose appropriate sports-based sanctions, including without limitation the sanctions provided for in these Anti-Corruption Regulations. For the avoidance of doubt there shall be no form or time limit applicable to the recognition of any decision by 520ccc.com pursuant to this Regulation 6.14. Where 520ccc.com recognises such a decision, the decision shall thereafter be recognised automatically (without the need for further formality) by all Unions and Tournament Organisers which shall take all necessary action to render such decision (including without limitation any sanctions and/or penalties) effective in relation to involvement in the Game (in compliance with any applicable laws).
[1] Comment: Involved is intended to refer, for example, to participation in the Multi-Sport Games itself as a competitor or official and/or presence at the Multi-Sport Games for the purposes of preparation and/or selection of teams or officials for such Multi-Sport Games.
[2] Comment: This Regulation shall not prohibit a disclosure of Inside Information to the general public at large (for example without limitation, in a live media interview or in the news section of a Union’s website) such that the information thereby ceases to be Inside Information nor shall it prohibit a disclosure of Inside Information to a close personal associate provided that the Connected Person is aware of and complies with Regulation 6.1.4(a) and where in the circumstances it is reasonable for the Connected Person to expect that the Inside Information can be disclosed in confidence and that it will not be used in relation to Wagering. Subject to the foregoing, this Regulation shall prohibit a disclosure, for example, to journalists, members of the media, online social network contacts and/or other persons where the Connected Person knows and/or may reasonably be expected to know that disclosure of the Inside Information could be used in relation to Wagering.
[3] For the avoidance of doubt, where multiple bets are placed on non-Connected Events a period of suspension ought to be imposed, which ordinarily will be for at least 6 months taking into account the gravity of the breaches.
[4] As an exception, a reprimand and no period of suspension may be imposed where the Connected Person has not been provided any betting education. In relation to online education, this shall be considered to have been provided whether or not the Connected Person commenced and/or completed an online training course that they were given access to.
[5] Comment: For example, a high degree of fault may be an orchestrated Fix or passing of Inside Information for Benefit.
[6] Comment: For example, a low degree of fault may be inadvertent passing of Inside Information without Benefit.