Sanctions to Philippines, Australia to be based on FIBA’s internal regulations

ADELAIDE, Australia (The Filipino Connection) — Internal regulations of the Fédération Internationale de Basketball (FIBA) approved last July 5, 2017 spell out offenses, fines, penalties and the parties who may face repercussions when unsportsmanlike behavior happens in a game.

Basketball federations of Australia and the Philippines are awaiting with bated breath the outcomes of disciplinary proceedings that the Mies, Switzerland-headquartered FIBA initiated, reportedly yesterday. Proceedings started in the aftermath of an unfortunate brawl between players from the two countries during a FIBA World Cup Qualifiers match in Bulacan province, Philippines Monday night.

Decisions during the proceedings, FIBA said in a July 3 Tweet, “will be communicated in the coming days.” A FIBA Disciplinary Panel, part of the “judicial and other bodies” of the federation, will assess the situation.

Book 1 (“General Provisions”) of FIBA’s Internal Regulations dedicated chapter 6 to “Sanctions,” with 27 articles under it to include unsportsmanlike behavior. (These “General Provisions” were “in force” as of Dec. 9, 2017.)

Both legal entities and individuals may be issued sanctions, Article 1-128 of the Internal Regulations writes.

The former covers national member- federations (NFs); the latter covers FIBA and NF officials; players; coaches; referees; commissioners; other game officials; players’ agents; other persons affiliate to or licensed by an NF and/or FIBA; and persons “having used or in possession of a ticket or accreditation or invitation to or otherwise in attendance at a game of an Official Basketball Competition.”

Article 1-132 stipulates the sanctions that can be imposed on individuals. Fines can include an “administrative fine” of up to 1,000 Swiss francs (CHF) (AU$1,365.27; P53,745.20), and a “disciplinary fine” whose range is from CHF1,001 to CHF100,000 (AU$136,527; P5.374 million).

The said article also includes suspensions “for a specified number of Official Games or for a specified period of time;” as well as suspensions “from carrying out a function for a specified number of Official Games (OGs) or for a specified period of time.”

Article 1-132 also includes the sanction “ban on all FIBA and FIBA-related activities.” There are also other sanctions stipulated for individuals: warning, reprimand, withdrawal of a title or award, service to the benefit of the basketball community, and “a combination of the above measures.”

Article  1-131 lists down sanctions for legal entities. Similar to section 1-132, 1-131 has fines but are heftier for the legal entity: “administrative fine” of up to CHF1,000 (AU$2,730.54; PhP107,490), and a “disciplinary fine” ranging from CHF2,001 to CHF300,000 (AU$409,580; PhP16.123 million).

Similar to the sanctions on individuals, Article 1-131 also has warnings, reprimands, withdrawal of a title or award, service to the benefit of the basketball community, and a combination of sanctions.

However, the legal entity has other sanctions: ban from selling tickets to supporters for away games; annulment of the result of an OG; order that an OG be replayed; deduction of points (for the current and/or a future competition); order that an OG be forfeited; playing an OG behind closed doors; full or partial venue closure; playing an OG in a third city or country; withholding financial benefits; prohibition on registering new players; disqualification from a competition in progress and/or exclusion from future competition(s); withdrawal of a title or award; withdrawal of a license or registration; and reimbursement of expenses incurred by FIBA or opposing NF as a direct result of the violation.

In the case of the Australia-Philippines incident last Monday, Basketball Australia and the Samahang Basketbol ng Pilipinas are the primary legal entities involved.

Article 1-131 provides for 19 types of sanctions versus Article 1-132’s nine.

Chapter 6 under Book 1 of FIBA’s Internal Regulations also has articles on disciplinary measures. Article 1-133 stipulates that disciplinary measures may be:

• “Limited to a geographical area or to one or more competitions or parts thereof (e.g. Qualification Round, etc.); and
• Suspended for a probationary period of no less than one year and no longer than five years.”

On the suspension for a probationary period, Article 1-133 adds: “If the same or similar offence is committed during the probationary period, the (FIBA) Secretary General may order that the original disciplinary measure be enforced. This may be added to the disciplinary measure imposed for the new offence.”

Pending also a resolution of a disciplinary matter, FIBA’s secretary general “may impose a provisional suspension or other provisional disciplinary measure,” Article 1-135 of Book 1 provides.

If fines are ordered, legal and individual parties concerned have to deposit the payment within 30 days to either the Swiss Francs, US dollar or Euro the bank accounts of FIBA with United Bank of Switzerland (UBS).

On the same chapter is a sub-item on disciplinary offenses. Section 1-148 has a sub-clause called “insufficient organisation of an OG” by a hosting NF. Six items are under this insufficient organization clause, including “lack of adequate security measures in or around the venue” and “circumstances threatening or violating the safety of NF officials, FIBA officials or spectators in or around the venue during or immediately before/after the Official Game.”

Article 1-149 spelled out a “non-exhaustive list of offences. Item C under Article 1-149 is about “unsportsmanlike behaviour of the public towards NF officials, FIBA officials or third parties.” These fits of behavior cover:

• “Inciting violence towards NF officials or supporters, or FIBA officials;
• Throwing of objects which may or may not cause injury;
• Lighting of fireworks or any other objects;
• Actions otherwise endangering and/or threatening NF or FIBA officials, such as threatening chants, or usage of laser pens;
• Entrance or intrusion of unauthorized persons into the playing court before, during or after an official game;
• Aggression or attempted aggression on or off the playing court against NF officials or supporters, or against FIBA officials; and
• Inciting, aiding or abetting unsportsmanlike behaviour, regardless if such behaviour eventually took place.”

NF officials doing unsportsmanlike behaviour are not to be spared from sanctions. Article 1-150 also has a “non-exhaustive list of offenses” for NF officials:

• “Any type of unsportsmanlike behaviour or behaviour that tarnishes the image or reputation of FIBA and/or basketball, including without limitation threatening, intimidating, insult, verbal or physical abuse, by NF officials towards another NF’s officials or supporters, FIBA officials, the public or third parties (e.g. media representatives, specific social or other groups, etc.);
• Use of gestures, words, objects or any other means to transmit any message that is not fit for a sports event, particularly messages that are of a political, ideological, religious, offensive or provocative nature;
• Abuse or tampering with equipment in the venue or other competition-related facility )on-court equipment, dressing rooms, hotel, etc.);
• Derogatory remarks against NF officials or supporters, FIBA officials, the public or third parties;
• Inciting, aiding or abetting unsportsmanlike behaviour, regardless if such behaviour eventually took place;
• Violation of the substantive provisions of the FIBA Code of Ethics [see related story]; and
• Violations of the substantive provisions of the FIBA Code of Conduct and Fair Play” [found in Book 2 of FIBA’s Internal Regulations, titled “Competitions”];

Book 1 also spelled out hefty fines for breaches to FIBA’s Code of Ethics: up to CHF50,000 (AU$68,263.40; PhP2.687 million) for individuals, and up to CHF500,000 (AU$682,634; P 26.8) for an “organisation.”

FIBA had given hefty fines and suspensions in previous incidents similar to the Australia-Philippine game last July 2.

A week before the 2010 FIBA World Championships in Turkey, Serbia and Greece’s national teams had a scuffle —with 2:40 left in regulation— in their Aug. 19, 2010 game at the latter’s Acropolis Basketball Tournament in Athens.

Trouble began when Greek forward Antonis Fotsis got fouled on a three-point attempt by Serbian guard Milos Teodosic. And when an initial elbow was waved, the scuffle began and former NBA center Nenad Krstic threw a chair at Greek center Sofoklis Schortsanitis. Injured Greek center Yannis Bouroussis, pacifying the situation, was hit by a chair thown by Krstic and had blood on his neck. Krstic was even apprehended by local police

FIBA, in a decision on Aug. 26, 2010, fined Krstic CHF45,000 and suspended him also for three games. Compatriot Serbian Teodosic and Greek players Fotsis and Schortsanitis were banned for two games.

The four players’ suspensions applied during the 2010 FIBA World Championships. Meanwhile, the Serbian and Greek NFs were fined CHF20,000 apiece. FIBA also thumbed down the Greek NF’s appeal.

Two months after the Athens incident, the Chinese and Brazilian basketball teams had two “general brawls” during a friendly in Sichuan province on Oct. 12, 2011. Tensions were filled owing to alleged missed calls and two technical fouls assessed on former Chinese national team coach Robert Donewald Jr. And on an ensuring play, the players scuffled.

Donewald was fined CHF40,000, suspended for three official games, and served a two-year probationaty period “during which an exemplary and sportsmanlike behaviour shall be expected.”

Game suspensions were meted on Chinese national players Zhu Fangyu (two games), Sun Yue and Zhang Bo (a game apiece). The Chinese Basketball Association was also assessed a CHF20,000 fine, FIBA’s appeal committee decided.

Chinese referees for that China-Brazil friendly – Jiang Tongbiao, Jan Jun and He Luwei – were banned from nomination for official international competition for a period of one year “after failing to officiate according to the letter and the spirit of the Official Rules of Basketball,” FIBA announced on December 14, 2010 or two months after the game.

The Chinese had two other separate punch-up incidents in international matches: Lebanon in 2001 and Puerto Rico in 2005. After the friendly with Brazil, CBA suspended the national team’s training for a month.

FIBA normally tells affected parties they “have the right to appeal the decisions taken” by the federation.

The FIBA Central Board approved the federation’s Internal Regulations last July 5, 2017 in line with the new calendar of international competitions that all lead to the 2019 FIBA World Cup in China.

There were two previous editions of FIBA’s internal regulations: 2008 and 2004.

The Filipino Connection is a regional partner of Philstar.com.