The provisional suspension may be lifted or limited if the Participant demonstrates to the satisfaction of the Disciplinary Tribunal that:6.4.1  the facts alleged in support of the charge(s) do not give rise to a prima facie case;6.4.2  the case against the Participant has no reasonable prospect of success, e.g., because of a material defect in the evidence on which the case is based; or6.4.3  other facts exist that make it clearly unfair, in all of the circumstances of the case, to make the Partic-ipant serve a provisional suspension prior to determination of the charge(s) against the Participant.