Article 6 PLAYER CONDUCT
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 (a) 1/145th of the player’s Base Com pensation for each missed Exhibition, Regular Season or Playoff game for any suspension of less than twenty (20) games and (b) 1/110th of the player’s Base Compensation for each missed Exhibition, Regular Season or Playoff game for any suspension of twenty (20) games or more (including any indefinite suspension that persists for twenty (20) games or more or consecutive suspensions for continuing acts or conduct that persist for twenty (20) games or more).
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.
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.
6.3 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.
6.7 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.
6.8 Counseling for Violent Misconduct.
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, unless the player has engaged in acts covered by the Joint NBA/NBPA Policy on Domestic Violence, Sexual Assault, and Child Abuse, in which case the terms of that Policy shall apply. For purposes of this paragraph, “violent conduct” shall include, but not be limited to, any conduct involving the use or threat of physical violence or the use of, or threat to use, a deadly weapon, any conduct which could be categorized as a “hate crime,” and any conduct involving dog fighting or animal cruelty.
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) or 8(b) 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.
6.12 On-Court Conduct.
The parties have agreed to all of the rules governing the conduct of players on the playing court (as that term is defined in Article XXXI, Section 9(c) below) that are contained in the 2016-17 Player Conduct, NBA Uniform Requirements, Dress Code and Other Player-Related Matters Memo distributed by the NBA and dated September 30, 2016. Beginning with the 2017-18 Season, the NBA and the Players Association will bargain over any new rules governing the conduct of players on the playing court (including disciplinary penalties associated therewith) or any change to the agreed-upon rules governing the conduct of players on the playing court (including disciplinary penalties associated therewith); provided, however, that this obligation to bargain does not apply to the official playing rules of the NBA (or any change or modification thereof) or any rule affecting the integrity of the game or game play (or any change or modification thereof), except with respect to any change or modification to the disciplinary penalties associated with a player’s violation of such rules.
Nothing in Section 12(a) above shall be construed to modify or alter (i) the NBA’s existing disciplinary authority in this Agreement or Article 35 of the NBA Constitution governing the conduct of players on the playing court (as that term is defined in Article XXXI, Section 9(c) below), including, but not limited to, the NBA’s ability to provide notice to players that it regards a type of on-court conduct to be violative of its disciplinary standards, (ii) the NBA’s existing disciplinary authority in this Agreement and/or Article 35 of the NBA Constitution governing off-court conduct, or (iii) Article XXXVII, Section 2 of this Agreement governing player uniforms.
Prior to the imposition of a suspension on a player for conduct on the playing court (as defined in Article XXXI, Section 9(c)), the player will have the opportunity to request a telephonic meeting with the President, League Operations, the Executive Vice President, Basketball Operations or their designee to discuss the incident and be heard as to why a suspension is unwarranted; provided, however, that the player must promptly notify the NBA of his desire for such a meeting, which will be scheduled to take place within a reasonable time period that will not interfere with the NBA’s investigatory process and will not preclude the NBA from issuing a suspension prior to the player’s next game. Notice to the player of a possible suspension may be given by the NBA to the Players Association by telephone at a telephone number or by email at an email address to be designated in writing by the Players Association. Notice by the player of his request for a meeting pursuant to this Section 12(c) may be provided through the Players Association on the player’s behalf, and a representative of the Players Association may participate in any such telephone call. The NBA will consider any information provided during the meeting before under Article XXXI to appeal that decision.