EXCERPT FROM NBA CONSTITUTION
(MISCONDUCT)
35. The provisions of this Article 35 shall
govern all Players in the Association, hereinafter
referred to as “Players.”
(a) Each Member shall provide and require in every
contract with any of its Players that they shall
be bound and governed by the provisions of this
Article. Each Member, at the direction of the
Board of Governors or the Commissioner, as the
case may be, shall take such action as the Board
or the Commissioner may direct in order to effectuate
the purposes of this Article.
(b) The Commissioner shall direct the dismissal
and perpetual disqualification from any further
association with the Association or any of its
Members, of any Player found by the Commissioner
after a hearing to have been guilty of offering,
agreeing, conspiring, aiding or attempting to
cause any game of basketball to result otherwise
than on its merits.
(c) If in the opinion of the Commissioner any
act or conduct of a Player at or during an Exhibition,
Regular Season, or Playoff game has been prejudicial
to or against the best interests of the Association
or the game of basketball, the Commissioner shall
impose upon such Player a fine not exceeding $50,000,
or may order for a time the suspension of any
such Player from any connection or duties with
Exhibition, Regular Season, or Playoff games,
or he may order both such fine and suspension.
(d) The Commissioner shall have the power to suspend
for a definite or indefinite period, or to impose
a fine not exceeding $50,000, or inflict both
such suspension and fine upon any Player who,
in his opinion, (i) shall have made or caused
to be made any statement having, or that was designed
to have, an effect prejudicial or detrimental
to the best interests of basketball or of the
Association or of a Member, or (ii) shall have
been guilty of conduct that does not conform to
standards of morality or fair play, that does
not comply at all times with all federal, state,
and local laws, or that is prejudicial or detrimental
to the Association.
(e) Any Player who, directly or indirectly, entices,
induces, persuades or attempts to entice, induce,
or persuade any Player, Coach, Trainer, General
Manager or any other person who is under contract
to any other Member of the Association to enter
into negotiations for or relating to his services
or negotiates or contracts for such services shall,
on being charged with such tampering, be given
an opportunity to answer such charges after due
notice and the Commissioner shall have the power
to decide whether or not the charges have been
sustained; in the event his decision is that the
charges have been sustained, then the Commissioner
shall have the power to suspend such Player for
a definite or indefinite period, or to impose
a fine not exceeding $50,000, or inflict both
such suspension and fine upon any such Player.
(f) Any Player who, directly or indirectly, wagers
money or anything of value on the outcome of any
game played by a Team in the league operated by
the Association shall, on being charged with such
wagering, be given an opportunity to answer such
charges after due notice, and the decision of
the Commissioner shall be final, binding and conclusive
and unappealable. The penalty for such offense
shall be within the absolute and sole discretion
of the Commissioner and may include a fine, suspension,
expulsion and/or perpetual disqualification from
further association with the Association or any
of its Members.
(g) Except for a penalty imposed under Paragraph
(f) of this Article 35: (i) any challenge by a
Team to the decisions and acts of the Commissioner
pursuant to Article 35 shall be appealable to
the Board of Governors, who shall determine such
appeals in accordance with such rules and regulations
as may be adopted by the Board in its absolute
and sole discretion, and (ii) any challenge by
a Player to the decisions or acts of the Commissioner
pursuant to Article 35 shall be governed by the
provisions of Article XXXI of the NBA/NBPA Collective
Bargaining Agreement then in effect.
EXCERPT FROM NBA BY-LAWS (WAIVERS)
5.01. Waiver Right. Except for sales
and trading between Members in accordance with
these By-Laws, no Member shall sell, option, or
otherwise assign the contract with, right to the
services of, or right to negotiate with, a Player
without complying with the waiver procedure prescribed
by this Constitution and By-Laws.
5.02. Waiver Price. The waiver price
shall be $1,000 per Player.
5.03. Waiver Procedure. A Member desiring
to secure waivers on a Player shall notify the
Commissioner or the Commissioner’s designee,
who shall, on behalf of such Member, immediately
notify all other Members of the waiver request.
Such Player shall be assumed to have been waived
unless a Member shall notify the Commissioner
or the Commissioner’s designee in accordance
with Section 5.04 of a claim to the rights to
such Player. Once a Member has notified the Commissioner
or the Commissioner’s designee of its desire
to secure waivers on a Player, such notice may
not be withdrawn. A Player remains the financial
responsibility of the Member placing him on waivers
until the waiver period set by the Commissioner
or the Commissioner’s designee has expired.
5.04. Waiver Period. If the Commissioner
or the Commissioner’s designee distributes
notice of request for waiver at any time between
August 15 and the end of the next Season, any
Members wishing to claim rights to the Player
shall do so by giving notice by telephone and
in a Writing of such claim to the Commissioner
or the Commissioner’s designee within forty-eight
(48) hours after the time of such notice. If the
Commissioner or the Commissioner’s designee
distributes notice of request for waiver at any
other time, any Member wishing to claim rights
to the Player shall do so by providing Written
Notice of such claim to the Commissioner or the
Commissioner’s designee within seven (7)
days after the date of such notice. A Team may
not withdraw a claim to the rights to a Player
on waivers.
5.05. Waiver Preferences.
(a) In the event that more than one (1) Member
shall have claimed the rights to a Player placed
on waivers, the claiming Member with the lowest
team standing at the time the waiver was requested
shall be entitled to acquire the rights to such
Player. If the request for waiver shall occur
after the last day of the Season and before 11:59
p.m. eastern time on the following November 30,
the standings at the close of the previous Season
shall govern.
(b) If the winning percentage of two (2) claiming
Teams are the same, then the tie shall be determined,
if possible, on the basis of the Regular Season
Games between the two (2) Teams during the Season
or during the preceding Season, as the case may
be. If still tied, a toss of a coin shall determine
priority. For the purpose of determining standings,
both Conferences of the Association shall be deemed
merged and a consolidated standing shall control.
5.06. Players Acquired Through Waivers.
A Member who has acquired the rights and title
to the contract of a Player through the waiver
procedure may not sell or trade such rights for
a period of thirty (30) days after the acquisition
thereof; provided, however, that if the rights
to such Player were acquired between Seasons,
the 30-day period described herein shall begin
on the first day of the next succeeding Season.
5.07. Additional Waiver Rules. The Commissioner
or the Board of Governors may from time to time
adopt additional rules (supplementary to those
set forth in this Section 5) with respect to the
operation of the waiver procedure. Such rules
shall not be inconsistent with the provisions
of this Section 5 and shall apply to but shall
not be limited to the mechanics of notice, inadvertent
omission of notification to a Member, and rules
of construction as to time.
AGENT CERTIFICATION
(To be completed only if Player was represented
by an agent who negotiated the terms of this Contract.)
I, the undersigned, having negotiated this Contract
on behalf of _______________, do hereby swear
and certify, under penalties of perjury, that
the terms of Paragraph 20 of this Contract (“Entire
Agreement”) are true and correct to the
best of my knowledge and belief.
Player Representative |
