The ITIA has a team of highly trained intelligence professionals who investigate potential corruption in the sport all over the world, based on information received and intelligence gathered. This can include reports from within tennis, alerts from the betting industry, relationships with Law Enforcement Agencies (LEAs) and analysing available data.
Where there is an indication of corrupt activity, a detailed process will take place where ITIA investigators have the authority to perform interviews and request further information from individuals within tennis, who under the Tennis Anti-Corruption Programme (TACP), have an obligation to comply.
The evidence gathered from this process and any subsequent analysis will form the basis of a report for the ITIA’s Senior Director, Legal to consider whether there is a realistic prospect that a Corruption Offense has been committed.
Match fixing is recognised as a criminal offense in an increasing number of countries and the ITIA has strong links with LEAs around the world who will share intelligence and notices of criminal convictions relating to the integrity of our sport.
Where a covered person is facing criminal charges or investigation relating to tennis corruption, this will generally take priority. Where permitted by law, the ITIA may be granted access to LEA intelligence, court documents and evidence. Following the receipt of any information of this nature or a criminal conviction, the ITIA will also investigate and apply sporting sanctions where it is appropriate and lawful to do so.
On receipt of the file from Investigators, the ITIA Senior Director, Legal, will consider the evidence and determine whether there is a realistic prospect of proving that a Corruption Offense has been committed.
If the answer is yes, the ITIA will send a notice charging the individual(s) involved with a Corruption Offense and/or proposing a sanction to finalise the matter if accepted.
If the answer is no, the case will be reviewed with the Senior Investigating Officer, which could result in further investigation or the case being closed. Associated information and data may be retained and managed by the ITIA in accordance with our legal obligations.
Corruption Offenses are categorised as Offenses (breaches where the applicable sanction would be no more than a three-year suspension and/or a fine of $40,000) or Major Offenses (breaches where the applicable sanction would be more than a three-year suspension and/or a fine of $40,000), determined by reference to the sanctioning guidelines. The ITIA will determine which category of offense has been committed and notice of this charge will be issued to the covered person who must respond within the time period specified in the notice. More detail on the offenses and this process can be found here.
A Provisional Suspension may be imposed on a covered person either while an investigation is ongoing, or with or after a notice of charge, pending final determination of the matter. They are then temporary ineligible from participating in or attending any tennis event covered by the TACP as well as any competition or event sanctioned by any Governing Body or National Association.
Provisional Suspensions are often imposed where a covered person may have committed serious Corruption Offenses and their immediate exclusion from tennis is necessary to protect the integrity of the sport, which must outweigh the hardship on the covered person. There are other circumstances in which a covered person may be provisionally suspended such as where there are related criminal matters, or the covered person fails to co-operate with an investigation or engages in courtsiding.
The ITIA is obliged under the rules to publish that a player has been provisionally suspended, unless it is removed on appeal.
How a case progresses will depend on the category of the offense and the covered person’s response to the charge.
Offenses
The covered person may accept (or not contest) the sanction set out in the Notice of Offense which will be the end of the process, and the sanction will come into force. If the covered person disputes that they have committed the offense and/or contests the sanction this will be considered by an independent Anti-Corruption Hearing Officer (AHO). AHOs are leading sports lawyers from around the world independent of the ITIA and tennis.
Major Offenses
If a covered person does not respond to a Notice of Major Offense in the specified time, the sanction set out in the Notice calculated in accordance with the sanctioning guidelines will come into force.
If a covered person is charged with a Major Offense and accepts the charge, then the sanction set out in the Notice calculated in accordance with the sanctioning guidelines will be reduced by 25% and come into force.
Where a covered person has been charged with a Major Offense and disputes that they have committed the offense and/or contests the sanction set out in the Notice, this will be considered by an AHO. During this process evidence will be presented by both the covered person and ITIA, witnesses may be called and testimony given before the AHO makes their decision. Should the individual be found to have committed the Major Offense(s) (or where they admit the offense but dispute the proposed sanction), the AHO will determine the appropriate sanction. If the AHO finds the covered person did not commit the offense(s), there will be no sanction.
Agreed Sanctions and Expedited Agreed Sanctions
A process exists under the TACP which allows the ITIA to agree a sanction with a covered person which provides a quicker resolution to the case with an in-built discount to recognise the covered person’s acknowledgement of breach and avoidance of a hearing. Once agreed, these sanctions are not appealable. Covered persons are not obliged to enter these agreements and can always have their case resolved by an AHO if they prefer.
All sanctions imposed by the ITIA and Decisions from AHOs are required to be published on the ITIA website (with a limited number of exceptions).
The maximum sanction for a Major Offense is a lifetime ban and a $250,000 fine, while the maximum penalty for an Offense is a three-year ban and $40,000 fine.
Covered persons banned from tennis are prohibited from participating in or attending any tennis event covered by the TACP as well as any competition or event sanctioned by any ITIA member body or National Association.
A covered person is only entitled to appeal the following sanctions to an AHO – and may only do so within the specified period of time (set out in the TACP):
- A Deemed Sanction following non-response to a Notice of Major Offense (within 10 business days of coming into force).
- A Provisional Suspension (within 10 business days of being notified).
An AHO’s determination of Major Offense charges may be appealed by the covered person or ITIA to the Court of Arbitration for Sport (CAS) within 20 business days of being notified of the AHO decision.
