Schedule 4
Disciplinary System General Regulations
Article 1. Scope.
 

1.1   These General Regulations constitute the base of the disciplinary system to apply in the area of the labour relations between the ACB member clubs or SAD and the players registered in the professional basketball competitions - including even those excepted from the personal application area of the Agreement; therefore it is of mandatory observance for all of them in all the issues directly regulated.

 1.2   Cases of failure to comply with issues of punctuality or other aspects related to training sessions, bases, journeys or matches, or to particular incidents of the game - technical fouls, etc.- shall be subject to the prevailing policies in every club or SAD, which have been usually - expressly or tacitly - accepted by players, unless otherwise expressly agreed.

 If there exists no specific regulating system, that decided by the parties shall be applied. If no agreement is reached, and subject to the application of either party, the Paritary committee of the Agreement shall make the proper decisions in such cases, and

 1.3   Infringements of the game or competition rules and of the general sports rules shall be governed by the provisions set forth in articles 73 and following ones of the Law 10/1990, of 15th October, on Sports, and by provisions consistent therewith or developing it.

 Article 2. General principles.

2.1   The labour disciplinary authority falls to the club or SAD and shall be exercised by the person or persons appointed by its managing bodies.

2.2   Those actions or omissions that are not officially classified at the time they take place shall not be penalised disciplinarily.

On the other hand, the principle of retroactive effect of disciplinary measures shall prevail when the offender can benefit from it.

2.3   Generally speaking, offences shall be all the infringements that may damage the work to be done, either by the player or by his partners or by the Managing, Training, Medical or Auxiliary Teams of the club or SAD; those that mean alteration or detriment to the discipline or disturb the working normality or life at work; those that are offences against ethics or decency; those that involve disloyalty to the club or SAD and, in general terms, those that constitute infringement of any obligation players may be bound to.

2.4   If some specific facts involve two or more offences, these shall be penalised jointly, subject, in any case, to the general principle non bis in idem.

2.5   The same respect shall be granted to the presumption of innocence guaranteed in our Constitution, to the rights of locus standi and defence of the defendant and to the principle of imputability, which requires the existence of mens rea or guilt with the author of the infringement concerned.

2.6   Offences shall be classified as minor, serious or very serious offences in accordance with the provisions of the articles below, and

2.7   The following shall be considered circumstances affecting the responsibility of the charged person:

2.7.1  Exonerating circumstances:

2.7.1.1  An act of nature.

2.7.1.2  A force majeure, and

2.7.2.1  Spontaneous remorse, which shall be accepted as such when it appears before the player is informed by the club or SAD of the opening of the applicable disciplinary measures, and shall consist of a reparation or reduction - by the author - of the consequences of his conduct; or of redressing the offended party; or of formally and expressly acknowledging the fact or facts involved and volunteering, when applicable, to remedy in public.

 2.7.2.2  The existence - immediately before the offence - of enough provocation.

 2.7.2.3  Incomplete self-defence, and

 2.7.2.4  Preterintentionality.

 2.7.3    Aggravating circumstances:

 2.7.3.1  Recurrence, which shall exist when the author of an offence has been previously penalised for a fact of a nature similar or identical to the one that is to be penalised, which still appears in his record as effective - subject to the provisions of article 10 -, and

 2.7.3.2  Reiteration, which shall exist when the accused person has been previously penalised either for another fact with the same or higher disciplinary measure, or for other facts with lower disciplinary measures than the one involved, which still appear as effective in his records, and

 2.7.4    If there exist no mitigating or aggravating circumstances, the club or SAD shall impose the applicable disciplinary measure in its medium degree. If there are mitigating circumstances only, the disciplinary measure shall be applied in its lowest degree, and if there are aggravating circumstances only, in its highest degree. If both are present, they shall compensate each other in a rational way according to the number and quality of the same.

 The offence may be increased by one degree only when there exists multiple recurrence.

Article 3. Minor offences.

The following shall be considered minor offences:

3.1   Failure to inform the club or SAD beforehand of the reasons for being absent from work, unless it is proven that it was impossible and without prejudice to its ulterior justification, as appropriate in each case.

3.2   To leave the job without a justified cause, for a period of time shorter than ten minutes, provided that a match is not affected.

3.3   Clear and unjustified impoliteness with third parties while rendering service.

3.4   Not to inform the club or SAD beforehand of address or telephone changes, even in temporary cases.

3.5   Not to have the national identity document or passport, when applicable, during journeys, and

3.6   In general, a player's shear negligence in his fulfilment of any obligation he is bound to.

Article 4. Serious offences.

The following shall be considered serious offences:

4.1   The first and second absence from work within a month period, without a justified cause, provided that there isn't a match involved.

This paragraph includes one or two absences when a player has been expressly selected by the coach or the person in charge in the club or SAD - even in case of an injury not preventing attendance.

4.2   To leave the job without a justified cause, for a period of time longer than ten minutes, provided that a match is not affected.

4.3   Continual and usual lack of personal hygiene and cleaning, in such a way that it gives rise to justified complaints from colleagues, subject to the team's captain ratification.

 4.4   Not to use the (regulation) equipment provided by the club or SAD in matches or official events, which must be attended under the club or SAD's discipline.

 4.5   Clear and serious negligence or idleness at work, which affects the latter.

 4.6   Serious and obvious disobedience of the orders or instructions given by the managers or trainers of the club or SAD, which can be required because they act within their competence.

 4.7   Not to keep - for unjustified causes - the reasonably exigible weight and the appropriate physical condition during the season, including habitual consumption of tobacco and alcoholic drinks in such a way as to harm the player's health, and a player's participation in activities that may objectively endanger it, including repeated outrageous nights out and going to bed after one o'clock a.m. the day before a match, as well as clearly manifesting scandalous public behaviour.

 4.8   Repeated consumption of any narcotic or occasional consumption of hard drugs.

 4.9   Not to tell the coach, or the person in charge of the club or SAD, of the existence of illnesses or injuries, as well as failure to comply with the treatment prescribed for recovery from them.

 4.10 Unjustified refusal to attend official events as required by the club or SAD, when such events are directly related to rendering professional service for the club or SAD or when - being of a collective nature - they are also endangered by such refusal, provided that there has been a twenty-four hour notice - in the first case - and a forty-eight hour notice in the second instance.

4.11 Non-profit making participation in organised events related to basketball requiring relevant physical effort by the player, which have not been promoted by the club or SAD, and without an authorisation by the latter.

 4.12 To make unjustified, seriously false, insulting or malicious statements against ACB the club or SAD, or against their sponsors, managers, trainers or players, without detriment in any case to the right of freedom of speech enshrined in the Spanish Constitution.

 4.13 To use the name or logos of the club or SAD without authorisation to his own advantage, with serious consequences, or even without serious consequences, when a player has been asked not to do it, and

 4.14 Mistreatment or minor aggressions to any person, committed during a player's professional activities.

 Article 5. Very serious offences.

The following shall be considered very serious offences:

5.1   The third and following absences from work within a month period, without a justified cause, or one single absence from an official match.

This paragraph shall include three or more absences when a player has been expressly selected by the coach or the person in charge in the club or SAD - even in case of an injury not preventing attendance.

 In any case, four unjustified absences from work during a season shall constitute a very serious offence.

 5.2   To leave the job without a justified cause during an official match, as long as the player could have gone on playing in the match, otherwise it would be a serious offence, as would be the case during a match that is not official in its nature.

 5.3   Unjustified, serious and repeated oral mistreatment or serious aggression against any person committed during the performance of the professional activity.

 5.4   Disobedience that involves a clear breach of discipline or that causes serious damage to the club or SAD, including failure to comply with punishment.

 5.5   Clear, voluntary and continual decrease in the normal or agreed work performance. In case of non-continual decrease the offence shall be considered serious.

 5.6   Non occasional consumption of hard drugs as well as habitual drunkenness.

 5.7   Feigned illness or accidents, considering as such the instances where a player carries out work or activities incompatible with his situation while he is on sick leave for one of such causes. This paragraph shall also include any manipulation done with the intention of artificially extending the sick leave involved. On the other hand, it shall not include the explicit differences of medical opinion about a specific illness or accident.

 5.8   Fraud - in any case - or breach of trust by a player while performing his professional activity - when such behaviour gives rise to serious damage to his club or SAD-, and

 5.9   Acts intended to predetermine, by means of price, intimidation or mere agreements, the results of a test or competition.

 Article 6. Disciplinary measures.

According to the offences committed, the following punishments may be imposed:

6.1   In case of minor offences:

6.1.1  Verbal warning.

6.1.2    Written warning.

6.1.3    Suspension without pay up to one day, and

6.1.4   A fine up to 300 euros, in several degrees:

6.1.4.1      Minimum: From 6 to 60 euros.

 6.1.4.2      Medium: From 60 to 150 euros.

 6.1.4.3      Maximum: From 150  to 300 euros.

 6.2   In case of serious offences:

 6.2.1    Suspension without pay from two to ten days, and

 6.2.2    A fine up to 1500 euros, in several degrees, with the limitation of a twentieth part of the agreed annual pay:

 6.2.2.1      Minimum: From 300 to 450 euros.

 6.2.2.2      Medium: From 450 to 900 euros.

 6.2.2.3      Maximum: From 900 to 1500 euros.

 6.3   In case of very serious offences:

 6.3.1    Suspension without pay from eleven up to sixty days.

 6.3.2    A fine up to 7800 euros, in several degrees, with the limitation of a tenth of the agreed annual pay:

 6.3.2.1      Minimum: From 1500 to 1800 euros.

 6.3.2.2      Medium: From 1800 to 4500 euros.

 6.3.2.3      Maximum: From 4500 to 7800 euros.

 6.3.3    Dismissal.

 Article 7. Lapsing of offences.

7.1   Minor offences shall lapse after five days, serious offences after ten days and very serious offences after twenty days - all of them shall be calendar days - as from the date when the club or SAD is informed of its commission and, in any case, after six months as from the aforesaid date, unless in case of dishonest concealment, and

7.2   The lapse shall be interrupted by the advice of the punishment imposed - in case of minor offences - or by the advice of the opening of disciplinary proceedings in case of serious or very serious offences.

Article 8. Penalising procedure.

8.1   In case of punishment because of serious or very serious offences a player might have committed, a previous contradictory file must be opened, subject to the paragraphs below.

8.2   The procedure shall start with notification to the charged person of the decision to open a disciplinary file by the club or SAD.

8.3   Within five working days, a list of charges shall be drawn up, of which the person under the disciplinary actions shall be informed so that, within ten working days, he may submit - if he wishes to - his defence plea, pleading what he deems convenient in his defence and produce the evidence he intends to use.

8.4   Once the defence plea has been submitted, or the period of time granted to do so has expired without being drawn up, the club or SAD shall order, when applicable, the beginning of a trial period between two and five working days.

8.5   Within another five working days, the club or SAD shall inform the person charged of the ruling of the contradictory file in writing, a copy being sent to ABP through ACB.

8.6   Against the punishment imposed, the person under disciplinary proceedings may file the appropriate actions subject to the prevailing laws, and

8.7   Pursuant to special circumstances, and in case of very serious offences, the club or SAD may decide, at any moment, to open a disciplinary file, cautionary suspension of the person charged while the former is being conducted and up to the maximum time provided for such proceedings in this article.

Article 9. Fulfilment and lapsing of punishment.

9.1   Punishment imposed to players because of minor, serious or very serious offences shall be fulfilled, in principle, when they are satisfactorily considered executable.

For such purposes, the punishment shall be considered executable as soon as the club or SAD has the player's express written acceptance.

9.2   Such punishments shall lapse, within five, ten or twenty calendar days, respectively, as from the date when they have become executable, if their fulfilment has not started during those periods of time, except for the cases of sufficient suspension.

In case of express compliance with the punishment by the player, the fulfilment thereof shall start, or be carried out, within forty-eight hours as from the notification to the club or SAD of such compliance.

If the punishment is a fine, such compliance shall be accompanied with the payment for such compliance to be effective.

9.3   Suspension without pay shall never be imposed during - nor coinciding, in part or totally with - periods of remunerated annual holidays, nor leaves because of illness or accidents. For such purposes the club or SAD shall take the appropriate measures, when applicable, and

9.4   Fines shall be paid in the method determined by the managing bodies of the club or SAD.

Article 10. Entries and deletions in the records.

Clubs or SAD shall register in the personal records of their players the punishments the players have been imposed, which shall be considered deleted, on the first 30th June after the date when they became executable, in case of minor offences, provided that the player has not committed another offence.

In case of serious or very serious offences, the deletion period shall be one year as from the aforesaid 30th June, under the aforementioned conditions.