Independent Review of Integrity in Tennis Terms of Reference and Protocols
1. The Governing Bodies of International Tennis (the ATP, the WTA, the Grand Slam Board and the ITF, together referred to as the “International Governing Bodies”), as joint partners in the Tennis Anti-Corruption Programme (“TACP”), the Tennis Integrity Unit (“TIU”) and the Tennis Integrity Protection Programme (“TIPP”), have resolved to establish an Independent Review of Integrity in tennis, including allegations of corruption in international professional tennis.
2. An Independent Review Panel (“IRP”) is now established to review the effectiveness and appropriateness of the TACP, TIU and TIPP and to recommend any suggested changes. The purpose of the TACP is to maintain the integrity of tennis; protect against any improper efforts to impact improperly the results of any match; and establish uniform rules and a consistent scheme of enforcement and sanctions applicable to all participants, professional tennis events and governing bodies. The TIU’s role is to adopt preventative protocols, to educate participants, and to investigate potential breaches of the TACP. The TIPP is an education programme.
3. In conducting its review, the IRP will take into account, among other things, public commentary regarding the processes, procedures, performance and resources of the TIU and the actions of the International Governing Bodies.
Composition of the IRP
4. The IRP is comprised of three members.
5. The members of the IRP must be, and remain, impartial and independent of the International Governing Bodies.
6. Adam Lewis QC will chair the IRP and shall be responsible for appointing the other two members of the IRP.
Scope of the Independent Review
7. The issues to be addressed by the IRP shall be:
a. The rules governing and protecting the integrity of the actions of participants in tennis, including the rules of the TACP.
b. The mechanisms for investigation and the enforcement of those rules, including through the TIU.
c. Whether investigation and the enforcement of the rules through those
mechanisms has been carried out appropriately.
d. The relationships with law enforcement agencies, betting operators and other relevant bodies.
e. The level of independence of the TIU.
f. The level of resources allocated to the TIU.
g. The level of transparency in investigation and the enforcement of the rules.
h. The approach to the education of participants in tennis, including through the TIPP.
8. The IRP shall be entitled to review and report on relevant matters that occurred before the adoption of the TACP and creation of the TIU.
9. The IRP shall be entitled to review and report on the significance of the roles of the bodies outside of tennis, including international and state bodies and law enforcement agencies, betting operators and other relevant bodies.
10. The IRP shall be entitled to review and report on any other matter that it considers to be relevant arising out of its review.
11. Adam Lewis QC, as Chair of the IRP, shall direct the work of the Independent Review.
12. The IRP shall organise its activities as it sees fit. In this regard, and without limitation, the IRP shall be entitled to:
a. Require the production of such documents as it considers appropriate.
b. Direct that individuals and/or companies provide such information as it considers appropriate.
c. Carry out interviews with individuals, whether in person, via video-link or telephone conference.
d. Appoint such experts as it considers appropriate.
e. Enter into confidentiality agreements as it considers appropriate.
13. The minutes of the IRP, its working papers and all communications entered into by the IRP shall be proprietary to the IRP. It is for the IRP to determine what information is to be shared with the International Governing Bodies.
14. Charles Russell Speechlys LLP shall act as Solicitors to the IRP and shall provide assistance to the IRP as required. Communications to the IRP should be addressed to Jonathan Ellis of Charles Russell Speechlys, the Solicitor and Secretary to the IRP, at TennisIRP@crsblaw.com.
15. The IRP shall make such recommendations as it considers appropriate.
16. The International Governing Bodies commit to make the outcomes and recommendations of the IRP publicly available and to implement and fund all the actions recommended by the IRP.
Funding and indemnification
17. The funding of the Independent Review and indemnification of the IRP will be dealt with in a separate agreement.
18. The International Governing Bodies and the TIU will provide full co-operation to the IRP. In particular the International Governing Bodies shall attend interviews, and shall provide documents and records, as required by the IRP.
19. In the event that the IRP wishes to carry out interviews with, or obtain documents or records from, participants in tennis, it will notify the relevant International Governing Body of the individuals or organisations whom it wishes to interview or from whom it wishes to obtain documents or records.
20. The International Governing Bodies shall use all reasonable efforts to secure the attendance at interview of, and the provision of documents and records by, all such individuals and organisations.
Opportunity to respond
21. Insofar as the IRP intends in its report to make criticism of individuals or organisations, the IRP will notify those individuals or organisations, who will be given a reasonable opportunity to make representations in relation to such proposed criticisms. The IRP will consider any responses received prior to producing its report.
Reporting / Transparency
22. The IRP will report to the International Governing Bodies.
23. The IRP shall provide updates to the International Governing Bodies as to the timetable for the completion of the Independent Review. The International Governing Bodies shall be responsible for communicating such updates to the public.
24. Whilst the IRP shall endeavour to carry out its Independent Review as soon as is reasonably practicable, there is no fixed deadline for the IRP to complete the Independent Review. The IRP shall be entitled to take such time as it considers necessary to undertake a full and comprehensive review.
25. The IRP’s term shall be considered complete when its report is provided to the Governing Bodies, subject to the International Governing Bodies deciding to extend the mandate of the IRP.
Amendments to the Terms of Reference
26. Any amendments to these Terms of Reference must be approved in writing by both the International Governing Bodies and the Chair of the IRP.
12 February 2016