Common use of Investigations and Discovery Clause in Contracts

Investigations and Discovery. Upon receiving notice from the Office of the Commissioner that it is conducting an investigation of a Player (or Players) that may result in discipline, the Player and the Association shall provide reasonable cooperation with the investigation, including but not limited to produc- ing documents and information. However, the Player and the Associa- tion reserve all of their rights to assert that any investigatory request from the Office of the Commissioner does not require cooperation because the request is unreasonable, irrelevant, overbroad, or ambigu- ous, or the requested information is covered by a recognized privilege. Disputes regarding whether a Player or the Association has provided reasonable cooperation in a particular context shall be resolved by the Arbitration Panel on an expedited basis. The Office of the Commissioner may conduct investigatory interviews of Players. Except where circumstances require expeditious handling, the Player and the Association shall receive reasonable advance notice of any investigatory interview with a Player. Where circumstances requiring expeditious handling are present, the Player and the Associ- ation shall receive as much advance notice as is possible, but in no event shall the Association receive less notice than the Player. All par- ties recognize the right of the Player to be represented at such inter- view by the Association and counsel of his choice. At the conclusion of the Office of the Commissioner’s investigation, but prior to the imposition of any discipline, the Parties shall conduct a pre-discipline conference. The Parties’ discussion at this conference shall be considered confidential and inadmissible in any Grievance challenging the discipline that may be imposed on the Player. At or before this pre-discipline conference, the Office of the Commissioner shall describe the results of its investigation and the evidence support- ing discipline. A Player who is disciplined shall have the right to discover, in timely fashion, all documents and evidence adduced during any investigation of the charges involved, including but not limited to any documents or evidence in the possession of the Office of the Commissioner that tend to negate a Player’s guilt, to mitigate punishment, or to impeach any witness who will appear at any hearing challenging discipline. Notwithstanding the foregoing, this Section D is not intended to super- sede or alter in any way the Parties’ respective rights and positions with respect to the meaning and application of Article XII(A) and (B) or Panel Decision No. 41 (Xxxxxxxx Xxxxxxx).