ארגון שחקני הכדורסל בישראל, צרו קשר: niral@histadrut.org.il   03-6921185

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Disciplinary Code

Unified disciplinary code between the team and the player

Made on the 2nd of June 2004: 

 
This code regulates the disciplinary rules between the player and his team. The directives of this code alone apply to the disciplinary relationships between the player and the team, and any other disciplinary code which may have been in place between the team and the player is hereby annulled and canceled.  

A team will not be entitled to punish or take any disciplinary action against a player, but only as per the directives of this code. 
 
1. Definitions 

"League Administration" – the entity in charge of the operation, management and organization of the men basketball premiere league, and its supervision 

"Association" – Israel basketball Association 

"Team", "Teams" – the basketball teams that part in any league during any given season, and which registered with the association.  

"Player" – any basketball player, including coaches, who is entitled for a salary from his team.  

"Complaint" – a complaint concerning a disciplinary offence that was submitted to the judiciary by a licensed entity as per this code  

"Respondent" – any person against whom a disciplinary complaint was submitted to the judiciary 

"Players union" – The Israeli Basketball Players union 

"The Disciplinary Committee" – a committee of three composed of two representatives of the team and the team's captain 

"The Appeal Committee" – a committee of two composed of a representative of the association and a representative of the players union  

"Determining arbitrator" – an arbitrator from a predetermined list of arbitrators attached as an annex to this code, or an arbitrator agreed upon by the members of the appeal committee, who decides in any possible disagreements between the members of the appeal committee.  

All masculine references in this code equally apply to females 

 

2. Application 

2.1 The directives of this code apply to all players and teams in the leagues managed by the basketball association. A team may not have a player sign on any code different in its contents and/or phrasing than this code, and if a team does act in such a way – the other code will be deemed annulled and cancelled and inappropriate to act upon.  

2.2 The quality of the player's play for the team will not form any ground for any complaint as per this code, unless there's  reasonable ground to suppose that the decline in quality is purposed. 

 

3. Bonuses 

3.1 A player may receive bonuses for winnings, qualifications in local or European tournaments and for any other sporting achievement of the team, and all as specified in the agreement signed between the player and the team (Hereinafter: Achievement Bonus) and as per the directives of this code.  

The disciplinary committee may order to deny the player from a bonus due to disciplinary offences made by the player as per this code, according to rates mutually agreed by the team and the player in the contract between the parties, which in no case will exceed the following sums and rates (Hereinafter: "Maximal denial rate"): 

1. Due to continuous tardiness in arriving to practices after a warning had been issued – 5% provided this sum does not exceed the sum of 2,500 NIS in the case of men premier league teams; the sum of 500 NIS in the case of women premiere league teams; the sum of 375 NIS in the case of men national league teams and the sum of 200 NIS in the case of any other league teams.

2. Due to unjustified absence from practices – 10% provided this sum does not exceed the sum of 5,000 NIS in the case of men premier league teams; the sum of 1,000 NIS in the case of women premiere league teams; the sum of 750 NIS in the case of men national league teams and the sum of 400 NIS in the case of any other league teams.  

3. Due to unjustified tardiness in arriving to a game – 15% provided this sum does not exceed the sum of 7,500 NIS in the case of men premier league teams; the sum of 1,500 NIS in the case of women premiere league teams; the sum of 1,125 NIS in the case of men national league teams and the sum of 600 NIS in the case of any other league teams.  

4. Due to unjustified absence from a game – 25% provided this sum does not exceed the sum of 12,500 NIS in the case of men premier league teams; the sum of 2,500 NIS in the case of women premiere league teams; the sum of 1,875 NIS in the case of men national league teams and the sum of 1,000 NIS in the case of any other league teams.  

5. Due to inappropriate attire during practice or during a game – 2% provided this sum does not exceed the sum of 1,000 NIS in the case of men premier league teams; the sum of 200 NIS in the case of women premiere league teams; the sum of 150 NIS in the case of men national league teams and the sum of 80 NIS in the case of any other league teams.  

6. Due to mal handling of the team's equipment or gear – 5% provided this sum does not exceed the sum of 2,500 NIS in the case of men premier league teams; the sum of 500 NIS in the case of women premiere league teams; the sum of 375 NIS in the case of men national league teams and the sum of 200 NIS in the case of any other league teams.  

7. Due to inappropriate behavior during media interviews towards the team and/or any other team and/or the professional staff, the team's sponsors, the players and the audience – 30% provided this sum does not exceed the sum of 15,000 NIS in the case of men premier league teams; the sum of 3,000 NIS in the case of women premiere league teams; the sum of 2,250 NIS in the case of men national league teams and the sum of 1,200 NIS in the case of any other league teams.  

8. Due to participation of the player in a sporting event of any sort and/or in a promotional event, without an approval from the team – 30% provided this sum does not exceed the sum of 15,000 NIS in the case of men premier league teams; the sum of 3,000 NIS in the case of women premiere league teams; the sum of 2,250 NIS in the case of men national league teams and the sum of 1,200 NIS in the case of any other league teams.  

9. Due to failing to prevent from drinking alcoholic beverages (excluding small drinks during a social or a family event) – 15% provided this sum does not exceed the sum of 7,500 NIS in the case of men premier league teams; the sum of 1,500 NIS in the case of women premiere league teams; the sum of 1,125 NIS in the case of men national league teams and the sum of 600 NIS in the case of any other league teams.  

10. Due to failing to act upon the directives of The Committee Against Narcotic Abuse in Sports- 75% provided this sum does not exceed the sum of 37,500 NIS in the case of men premier league teams; the sum of 7,500 NIS in the case of women premiere league teams; the sum of 5,625 NIS in the case of men national league teams and the sum of 3,000 NIS in the case of any other league teams.  

11. Due to failing to prevent from extreme sport activities without the approval of the team – 25% provided this sum does not exceed the sum of 12,500 NIS in the case of men premier league teams; the sum of 2,500 NIS in the case of women premiere league teams; the sum of 1,875 NIS in the case of men national league teams and the sum of 1,000 NIS in the case of any other league teams.  

12. Due to causing injury to a rival player and/or the team's player and/or the coach and/or any functionary – 65% provided this sum does not exceed the sum of 32,500 NIS in the case of men premier league teams; the sum of 6,500 NIS in the case of women premiere league teams; the sum of 4,875 NIS in the case of men national league teams and the sum of 2,600 NIS in the case of any other league teams.  

13. Due to causing injury to the game referee – 75% provided this sum does not exceed the sum of 37,500 NIS in the case of men premier league teams; the sum of 7,500 NIS in the case of women premiere league teams; the sum of 5,625 NIS in the case of men national league teams and the sum of 3,000 NIS in the case of any other league teams.  

14. Due to getting sent off the court – 40% provided this sum does not exceed the sum of 20,000 NIS in the case of men premier league teams; the sum of 4,000 NIS in the case of women premiere league teams; the sum of 3,000 NIS in the case of men national league teams and the sum of 800 NIS in the case of any other league teams.  

15. Due to taking any action or non-action inappropriate for a basketball player – 40% provided this sum does not exceed the sum of 20,000 NIS in the case of men premier league teams; the sum of 4,000 NIS in the case of women premiere league teams; the sum of 3,000 NIS in the case of men national league teams and the sum of 800 NIS in the case of any other league teams.  

All the aforesaid sums as specified in the code are gross sums. The sums were set as per an exchange rate of 4.5 NIS per one USD, and are to be linked to any exchange rate modifications, accordingly.  

2. To remove all doubt it is hereby asserted that a bonus may only be denied from a player who is paid by his team.  

 The maximal bonus denial is permissible only in the case of a repeating offence during the same season.  

 

3. Despite the directives specified in Section 3.1 above, the teams and players  may reach a mutual agreement concerning any other total rate of achievement bonus, provided the bonus denial sums are reduced in a way that leaves the player with a sum constituting no less than 75% of the total salary for that season, while preserving the grading of the denial rate due to various transfers, as per this code.

 

4. Disciplinary offence  

4.1 A disciplinary offence is a violation of one of the following rules: 

4.1.1 Being late for practice or for a game.   

4.1.2 Failing to appear to practice or to a game.  

3. Inappropriate attire.   

4. Deliberate damage to the team's equipment or gear.  

5. Insulting the team and/or any other team and/or the staff and/or the team's sponsors, its player or its supporters in the course of a media interview.  

6. The participation of any player in any sporting and/or promotional event without the team's consent.  

7. Drinking alcoholic beverages (excluding a small drink during a social or a family event). 

8. Aviolation of the directives of The Committee Against Narcotic Abuse in Sports

9. Doing extreme sport without the team's consent given in advance

10. Indecent behavior on the field of the game or practice, or around it, prior to the game and/or practice, during or after the game or practice, on the way to or from the game or practice.  

11. Dangerous play which results in a player being sent off the game.  

12. Deliberate attack against a player from the same team, a rival player, the referee, a functionary in the team and/or in a rival team, a supporter, journalist, during practice or during a game, before they begin or after they end, on the way to the court or from the court.

13. Aviolation of the basketball association's code.

14. Any action or non-action inappropriate to be taken by a basketball player.  

4.2 For a disciplinary offence the player will be trialed by the judiciary as specified in this code.  

4.3 Any player violating any of the directives specified in this code will be subject to penalty as determined by the judiciary. 

 

5. The judiciary  

5.1 The judiciary authorized to trial cases of disciplinary offence are:

1. The disciplinary committee – as the first instance

2. The appeal committee – as the appeal instance

 

6. The judiciary panel   

6.1 The disciplinary committee of every team will be composed of a representative of the players (the team captain – or in his absence or when he is the one to put to trial, the most veteran Israeli player in the team), and two representatives of the team, all as specified in the registration form submitted by the team to the association or in the corrective form in case of any changes in the panel of the disciplinary committee.  

6.2 The chairman of the disciplinary committee will be one of the representatives of the team. If one of the team's representatives is a jurisprudent then he will serve as the chairman of the committee.  

6.3 The committee panel will include three members. The committee may not act without a full panel, unless one of its representatives refuses to appear although he was summoned.  

6.4 The resolution of the disciplinary committee will be determined with a majority of votes.   

6.5 In case disagreement appears between the members of the disciplinary committee, the resolution will be determined with a majority of votes; in case no such majority exists, the most lenient opinion will prevail.   

6.6 The appeal committee will be composed of a representative of the players union and a representative of the association. The committee's panel will include two members. The committee may not act without its full panel.  

6.7 In case disagreement appears between the members of the appeal committee, the dispute will be put before a determining arbitrator and his decision will be final and binding.

 
7. Complaint against a disciplinary offence    

7.1 Any player and/or specialist and/or functionary in the team may issue a complaint against another player or against another specialist or functionary, as per this code.  

7.2 The complaint will be submitted to the chairman of the team, who will pass it to the chairman of the disciplinary committee, a complaint against the chairman of the team will be submitted directly to the chairman of the disciplinary committee.  

7.3 All complaints must be submitted in writing, and must specify the actions or non-actions referred to the respondent, and it must be attached with any supporting document, if such are present. The complaint will be signed by the person filing the complaint.  

7.4 A copy of the complaint will be sent to the respondent within 7-day time. The respondent may present his response in writing to the complaint within 7 days from its reception. 

 

8. Determining the type of procedures in relation with the complaint 

8.1 If the complaint is submitted to the chairman of the team, he will be the one to determine its relevant procedures, after the respondent's response time have passed, as per the following options: 

1. The chairman of the team may rule that the person filing the complaint is not sufficiently related with the subject of the complaint to recognize him as a complainer. In such a case the complaint will be cancelled. Yet, the chairman of the team may order to process the complaint if he feels public interest is at stake.

2. The chairman of the team may reject the complaint if he feels that it does not present a case of disciplinary offence or that it is quarrelsome or bothersome, or just that it does not justify, to his opinion, taking any steps due to it, or that no public interest is at stake.  

3. If the chairman of the team chooses to reject a compliant, then he should notify that to the respondent and the complainer in writing.  

4. If the chairman of the team decides not to reject the complaint, he may determine that the complaint will be resolved via arbitration and reconcilement procedures, and that such procedures will be launched as specified in Section 9 of this code.  

5. If the chairman of the team decides not to launch arbitration and reconcilement procedures or if such procedures were found to be ineffective – the complaint will be transferred to the chairman of the disciplinary committee.

8.2 The resolution of the chairman of the team will be issued, in any case, within 30 days from the date on which the complaint was submitted to the chairman of the team, and in any case after the date by which the respondent can submit his response to the complaint had passed. The resolution of the chairman of the team is indisputable. 

 

9. Arbitration and reconciliation procedures 

9.1 If the chairman of the team decides that the complaint is worthy of examination through a process of arbitration and conciliation, he may set the procedures as he may find fit, provided the respondent is granted the right to submit his response to the complaint.  

9.2 A hearing may be held before the chairman of the team or before ay other entity in the team as set by the chairman of the team.  

9.3 A hearing may be concluded in one of the following ways:  

1. Rejection of the complaint  

2. Settling the dispute specified in the complaint through mutual agreement between the complainer and the respondent.  

3. Transferring the complaint to be trialed by the judiciary system  

9.4 The resolutions of the hearing are subject to the approval of the chairman of the team. If the chairman of the team approves the resolutions of the hearing, these resolutions and their arguments will be presented before the complainer and respondent. 

 

10. Judicial hearings 

10.1 If the chairman of the team decides to put the complaint before a disciplinary hearing, a written invitation for such a disciplinary hearing will be sent by the chairman of the disciplinary committee. A copy of the invitation will be sent to the respondent.  

10.2 The respondent's invitation will be in writing and will include the following details: 

1. The names of the members of the disciplinary committee's panel.

2. The name and address of the player.

3. The place or date on which he must appear for the hearing.

4. The essence of the violation the player is accused of.

5. A list of documents, evidenced and witnesses the prosecution aims to present during the hearing.

 

10.3 The respondent may review every document or evidence the prosecution may present prior to the hearing.  

10.4 The summon for the hearing will be delivered at least 7 days prior to the date of the hearing.

 

11. Running the discussion 

11.1 The chairman of the disciplinary committee will run the discussion during the meetings of the disciplinary committee and he may instruct anything he may find to be needed for assuring order in the place of discussion. The chairman of the team will explain to the parties how to run the discussion before it is initiated.  

11.2 The prosecution will bear the burden of proving the offence the respondent allegedly committed.  

11.3 Both parties will be given a reasonable and fair chance to present their arguments and supporting evidences, while maintaining the rules of natural justice and acceptable disciplinary procedures, including the right for cross examination of the witnesses.  

11.4 To remove all doubt it is hereby asserted that the respondent may be represented by an attorney during the disciplinary proceedings. In addition, a representative of the player union may serve as an observer in the proceeding. 

 

12. Hearing in the absence of one party 

12.1 The hearing may be held in the absence of one party if this party fail to appear for the hearing on its designated date although he was properly invited to do so, without indicating any special reason to delay the hearing. In such a hearing in the absence of one party the resolution could be issued in the absence of that party.  

12.2 If a resolution was issued in the absence of one party the absent party may submit an appeal for its annulment within 14 days from the date on which a notice of the resolution was sent to the absent party. The appeal will be reviewed by the panel and may be modified or annulled, or remained unchanged.   

12.3 If the persecutor fails to appear to the hearing, the panel may reject the complaint.  
 

13. Protocol 

13.1 The chairman of the disciplinary committee will write a protocol of the hearing, yet he may instruct the protocol to be written by another person, or by other means. The protocol will be signed by all members of the panel as evidence to the authenticity of its contents.  

13.2 If one of the parties asked for the hearing to be recorded and transcribed, the panel may order and set who will bear the burden of recoding and transcription. 

 

14. Complaint rejection 

The panel may at any stage decide to reject the complaint if it believes that the actions or non action it refers to do not constitute a disciplinary offence or that the complaint is apparently bothersome or quarrelsome.  

 

15. Disciplinary committee resolution 

15.1 As close as possible to the conclusion of hearing the parties' evidence and arguments, the panel will issue its resolution. The resolution will be as argued as possible.  

15.2 The panel may acquit the respondent, or find him guilty of the offences he is accused in, or some of them.  

15.3 A copy of the verdict will be sent to the chairman of the team, the complainer and the respondent, the budget control, and upon the request of the legal adviser of the association, a copy will be sent to him also.  

15.4 A panel may convict a respondent in a disciplinary offence the respondent is found to be guilty in as per the evidences put before him, if these evidenced were not included in the complaint, provided the respondent was granted the right to defend himself against the accusations as per this code.  

15.5 The panel may convict the respondent but verdict no punishment.  

15.6 The disciplinary committee has the authority to order not to publish the resolution as per the request of any of the parties, when such a request is justified.  

15.7 If the respondent was not convicted, the panel may, if the respondent was represented by an attorney, to order the team to pay the legal costs payable to the respondent's attorney, in whole or in part, at the sum as set by the panel. 

 

16. The penalty 

16.1 At the end of the disciplinary hearing and prior to the issuing of the resolution, the panel will be presented with arguments for the penalty. The respondent or his representative will have the right to present arguments in this respect.  

16.2 No penalty in the form of removal or annulment of contract will be set but only unanimously.  

16.3 If an agreement is not reached in respect with the type or severity of the penalty – the lenient penalty will prevail. 

 

17. An appeal 

17.1 The right of appeal is limited to cases where the penalty is permanent removal of the player or the annulment of his contract.  

17.1 The respondent and prosecution may issue an appeal as aforesaid before the appeal committee.  

17.2 An appeal will be submitted no later than 30 days from the penalty date.  

17.3 The appeal will be submitted in writing and it will present all the argumentation in favor of the appeal. Intermediate resolutions are not subject to an appeal. 

 

18. The appeal procedure 

18.1 An invitation for the appeal hearing will be sent to the parties no less than 7 days prior to the appeal date.  

18.2 On the date scheduled for the hearing the appealing party will present his arguments first. No witnesses or evidenced will be heard, unless decided otherwise by the appeal committee, due to specific recorded arguments.  

18.3 The appeal committee may reject or accept the appeal, in whole or in some, and present any verdict as it may find fit. The committee may verdict any penalty that the disciplinary committee is authorized to verdict, to mitigate the penalty, annul it or worsen it.  

18.4 The resolution of the appeal committee will be reached unanimously. If the committee does not reach unanimous resolution, the appeal will be resolved by a determining arbitrator from the predetermined list of arbitrators attached herewith as Annex A to this code, or a determining arbitrator acceptable by both the committee members.  

18.5 It is hereby asserted that all the directives applicable to any hearing before the disciplinary committee apply also to the appeal committee and any hearing before the determining arbitrator, unless specifically specified otherwise in this section. 

 

19. Types of penalties 

19.1 These are the types of penalties the disciplinary committee may verdict to a player: 

1. Warning;

2. Reprimand;

3. Denial of the entitlement for a bonus as specified in Section 3 of this code, in whole or in part.

4. Educational punishment – a punishment assigned to a player for a period not exceeding 6 months, during which the player will be assigned with various educational tasks, including coaching young basketball players and/or as set by the disciplinary committee from time to time;

5. Suspension for a given period not exceeding three months;

6. Permanent removal;

7. Annulment of the agreement with the player.

 

19.2 The disciplinary committee may rule that every penalty set in respect of a player will be a conditional penalty, and the conditions for its activation. If the disciplinary committee decides to activate the penalty, and the penalty is such in respect with an appeal could be issued, the parties may issue an appeal as per this code.  

19.3 Repeated offence will entail worsened penalty.  

19.4 Any penalty set in respect with a player due to the action or non action constituting a disciplinary offence is a parallel proceeding, will be considered favorably upon setting the penalty by the disciplinary committee. 

 

20. Pardon 

A player that was found guilty and assigned with a final verdict may address the chairman of the team in writing, asking to annul, mitigate or replace his verdict with another verdict, and the chairman may provide him with an argued response to his request. 

 

 21. Obsolescence 

The obsolescence period in respect with disciplinary offences committed by a player is 12 months from the date of offence. 

 

 22. Status Quo 

In case disciplinary proceedings were launched as per this code, the status quo will be retained upon the date of initiating these proceedings, unless decided otherwise by the disciplinary committee, in an intermediate resolution published by the committee, due to specific and recorded arguments.

 
23. Hearing in chambers and publication prohibition  

The hearing as per this code in any instance whatsoever will be held in chambers. The representatives of the parties may, subject to the approval of the disciplinary committee, be present in the hearing as observers. An open doors hearing will be held only in response to a request of the respondent, approved by the panel.

 

24. Corresponding proceedings  

 If a criminal indictment or any other significant indictment as per the disciplinary code of the basketball association or FIBA was filed against the respondent, based on the same action or non action for which the player was put to disciplinary trial as per this code – the panel may, yet not necessarily, delay the proceedings until the conclusion of the corresponding proceedings.  

Resolutions in corresponding proceedings, excluding a resolution in a criminal proceeding – do not bind the panel. Resolution and findings in a criminal proceeding will be acceptable in a proceeding against the respondent as per this code, as apparent evidence to their contents. 

 

25. Penalty only by the disciplinary entities 

The team will take no disciplinary action against the player due to disciplinary offence but only as per a resolution or verdict of the relevant judiciary as per this code, or as per the disciplinary code of the basketball association or FIBA. 

 

26. Entitlement for minimal wage 

26.1 In case a player is denied of a bonus, in whole or in part, as per this code, the monthly salary of the player will not be any lesser than the legal minimal wage rate.  

26.2 It is agreed that the bonus deprived of the player may be setoff the payments owed to him and/or to be owed to him by the team.

 

27. Expiration

27.1 This code will become into force after his approval by the authorized entities of the league administration, the basketball association and the players union, and will be valid starting from 2003-2004 game season, inclusively.  

27.2 Any change or modification introduced to this code is subject to the agreement of the parties to the code.