ARTICLE VI: PLAYER
CONDUCT
INDEX
Section 1. General
Section 2. Practices
Section 3. Promotional Appearances
Section 4. Mandatory Programs
Section 5. Media Training and
Business of Basketball
Section 6. Charitable Contributions
Section 7. Unlawful Violence
Section 8. Counseling for Violent
Misconduct
Section 9. Firearms
Section 10. One Penalty
Section 11. League Investigations
Section 12. On-Court Conduct
Section 13. Motor Vehicles
Section
1. General
In addition to any other rights a Team or the NBA may
have by contract (including but not limited to the rights
set forth in paragraphs 9 and 16 of the Uniform Player
Contract) or by law, when a player fails or refuses,
without proper and reasonable cause or excuse, to render
the services required by a Player Contract or this Agreement,
or when a player is, for proper cause, suspended by
his Team or the NBA in accordance with the terms of
such Contract or this Agreement, the Current Base Compensation
payable to the player for the year of the Contract during
which such refusal or failure and/or suspension occurs
may be reduced (or, in the case of a suspension, shall
be reduced) by 1/110th of the player’s Base Compensation
for each missed Exhibition, Regular Season or Playoff
game.
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Section 2. Practices.
(a) When a player, without proper and reasonable excuse,
fails to attend a practice session scheduled by his
Team, he shall be subject to the following discipline:
(i) for the first missed practice during a Season --
$2,500; (ii) for the second missed practice during such
Season -- $5,000; (iii) for the third missed practice
during such Season -- $7,500; and (iv) for the fourth
(or any additional) missed practice during such Season
-- such discipline as is reasonable under the circumstances.
(b) Notwithstanding Section 2(a) above, when a player,
without proper and reasonable excuse, refuses or intentionally
fails to attend any practice session scheduled by his
Team, he shall be subject to such discipline as is reasonable
under the circumstances.
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Section 3. Promotional
Appearances.
When a player, without proper and reasonable excuse,
fails or refuses to attend a promotional appearance
required by and in accordance with Article II, Section
8 and Paragraph 13(d) of the Uniform Player Contract,
he shall be fined $20,000.
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Section 4. Mandatory
Programs.
(a) NBA players shall be required to attend and participate
in educational and life skills programs designated as
“mandatory programs” by the NBA and the
Players Association. Such “mandatory programs,”
which shall be jointly administered by the NBA and the
Players Association, shall include a Rookie Transition
Program (for rookies only), Team Awareness Meetings
(which shall cover, among other things, substance abuse
awareness, HIV awareness, and gambling awareness), and
such other programs as the NBA and the Players Association
shall jointly designate as mandatory.
(b) When a player, without proper and reasonable excuse,
fails or refuses to attend a “mandatory program,”
he shall be fined $20,000 by the NBA; provided, however,
that if the player misses the Rookie Transition Program,
he shall be suspended for five (5) games.
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Section 5. Media
Training and Business of Basketball.
(a) All players shall be required each Season to attend
and participate in one media training session conducted
by their Teams and/or the NBA. If a player, without
proper and reasonable excuse, fails or refuses to attend
a media training session, he shall be fined $20,000.
(b) All players shall be required to attend and participate
each Season in one “business of basketball”
program conducted by their Teams and/or the NBA. If
a player, without proper and reasonable excuse, fails
or refuses to attend such program, he shall be fined
$5,000.
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Section 6. Charitable
Contributions.
(a) In the event that (i) a fine or suspension is imposed
on a player, (ii) such fine or suspension-related Compensation
amount is collected by the League, and (iii) the fine
or suspension is not grieved pursuant to Article XXXI,
then the NBA shall remit fifty percent (50%) of the
amount collected to the National Basketball Players
Association Foundation (the “NBPA Foundation”)
or such other charitable organization selected by the
Players Association that qualifies for treatment under
Section 501(c)(3) of the Internal Revenue Code of 1986,
as now in effect or as it may hereafter be amended (a
“Section 501(c)(3) Organization”), and that
is approved by the NBA (which approval shall not be
unreasonably withheld) (both hereinafter, the “NBPA-Selected
Charitable Organization”). The NBA shall remit
the remaining fifty percent (50%) of the amount collected
to a Section 501(c)(3) organization selected by the
NBA and approved by the Players Association, which approval
shall not be unreasonably withheld. For purposes of
this Section 6(a), and with respect to any suspension
imposed on a player by the NBA of five (5) games or
more, the NBA shall be required to collect a suspension-related
Compensation amount equal to at least five (5) games
of such suspension.
(b) The remittances made by the NBA pursuant to this
Section 6 shall be made annually, thirty (30) days following
the Accountants’ (as defined in Article VII, Section
10(a)) submission to the NBA and the Players Association
of a final Audit Report or an Interim Escrow Audit Report
(as defined in Article VII, Section 10(a)) for the Salary
Cap Year covering the Season during which the fines
and suspension-related Compensation amounts are collected
by the NBA. For purposes of this Article and all other
provisions of this Agreement, any money remitted or
paid to the National Basketball Players Association
Foundation by the NBA shall be used for charitable purposes
only, and not, for example, for any salaries of Foundation
employees or administrative expenses.
(c) If a timely Grievance is filed under Article XXXI
challenging a fine or suspension of the kind designated
in Section 6(a) above, and, following the disposition
of the Grievance, the Grievance Arbitrator determines
that all or part of the fine or suspension-related amount
(plus any accrued interest thereon) is payable by the
player to the League, then the League shall remit the
amount collected by the League (plus any interest) in
accordance with the provisions of Sections 6(a) and
(b) above.
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Section 7. Unlawful
Violence.
When a player is convicted of (including a plea of guilty,
no contest, or nolo contendere to) a violent felony,
he shall immediately be suspended by the NBA for a minimum
of ten (10) games.
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Section 8. Counseling
for Violent Misconduct.
(a) In addition to any other rights a Team or the NBA
may have by contract or law, when the NBA and the Players
Association agree that there is reasonable cause to
believe that a player has engaged in any type of off-court
violent conduct, the player will (if the NBA and the
Players Association so agree) be required to undergo
a clinical evaluation by a neutral expert and, if deemed
necessary by such expert, appropriate counseling, with
such evaluation and counseling program to be developed
and supervised by the NBA and the Players Association.
For purposes of this paragraph, “violent conduct”
shall include, but not be limited to, sexual assault
and acts of domestic violence.
(b) Any player who, after being notified in writing
by the NBA that he is required to undergo the clinical
evaluation and/or counseling program authorized by Section
8(a) above, refuses or fails, without a reasonable explanation,
to attend or participate in such evaluation and counseling
program within seventy-two (72) hours following such
notice, shall be fined by the NBA in the amount of $10,000
for each day following such seventy-two (72) hours that
the player refuses or fails to participate in such program.
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Section 9. Firearms.
(a) Whenever a player is physically present at a facility
or venue owned, operated, or being used by a Team, the
NBA, or any League-related entity, and whenever a player
is traveling on any NBA-related business, whether on
behalf of the player’s Team, the NBA, or any League-related
entity, such player shall not possess a firearm of any
kind. For purposes of the foregoing, “a facility
or venue” includes, but is not limited to: an
arena; a practice facility; a Team or League office
or facility; an All-Star or NBA Playoff venue; and the
site of a promotional or charitable appearance.
(b) Any violation of Section 9(a) above shall be considered
conduct prejudicial to the NBA under Article 35(d) of
the NBA Constitution and By-Laws, and shall therefore
subject the player to discipline by the NBA in accordance
with such Article.
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Section 10. One
Penalty.
(a) The NBA and a Team shall not discipline a player
for the same act or conduct. The NBA’s disciplinary
action will preclude or supersede disciplinary action
by any Team for the same act or conduct.
(b) Notwithstanding anything to the contrary contained
in Section 10(a), (i) the same act or conduct by a player
may result in both a termination of the player’s
Uniform Player Contract by his Team and the suspension
of the player by the NBA if the egregious nature of
the act or conduct is so lacking in justification as
to warrant such double penalty, and (ii) both the NBA
and the Team to which a player is traded may impose
discipline for a player’s failure to report for
a trade in accordance with paragraph 10(d) of the Uniform
Player Contract.
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Section 11. League
Investigations.
(a) Players are required to cooperate with investigations
of alleged player misconduct conducted by the NBA. Failure
to so cooperate, in the absence of a reasonable apprehension
of criminal prosecution, will subject the player to
reasonable fines and/or suspensions imposed by the NBA.
(b) Except as set forth in Section 11(c) below, the
NBA shall provide the Players Association with such
advance notice as is reasonable in the circumstances
of any interview or meeting to be held (in person or
by telephone) between an NBA representative and a player
under investigation by the NBA for alleged misconduct,
and shall invite a representative of the Players Association
to participate or attend. The failure or inability of
a Players Association representative to participate
in or attend the interview or meeting, however, shall
not prevent the interview or meeting from proceeding
as scheduled. A willful disregard by the NBA of its
obligation to notify the Players Association as provided
for by this Section 11(b) shall bar the NBA from using
as evidence against the player in a proceeding involving
such alleged misconduct any statements made by the player
in the interview or meeting conducted by the NBA representative.
(c) The provisions of Section 11(b) above shall not
apply to interviews or meetings: (i) held by the NBA
as part of an investigation with respect to alleged
player misconduct that occurred at the site of a game;
and (ii) which take place during the course of, or immediately
preceding or following, such game. With respect to any
such interview or meeting, the NBA’s only obligation
shall be to provide notice to the Players Association
that the NBA will be conducting an investigation and
holding an interview or meeting in connection therewith.
Such notice may be given by telephone at a telephone
number, pager number or message-recording number to
be designated in writing by the Players Association.
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Section 12. On-Court
Conduct.
In addition to its authority under paragraph 5 of the
Uniform Player Contract, the NBA is entitled to promulgate
and enforce reasonable rules governing the conduct of
players on the playing court (as that term is defined
in Article XXXI, Section 8(c)) that do not violate the
provisions of this Agreement. Prior to the date on which
any new rule promulgated by the NBA becomes effective,
the NBA shall provide notice of such new rule to the
Players Association and consult with the Players Association
with respect thereto.
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Section 13. Motor
Vehicles.
At the commencement of each Season, and if the player
owns or operates any motor vehicle, the player will
provide the Team with proof that the player possesses
a valid driver’s license, registration documents,
and insurance for any such vehicle.
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