C 12 SANCTIONS

Constitution 2013-2017

C 12.1 Any Member, member of a Member, or individual member of a Member may be sanctioned:

C 12.1.1 if duties and financial obligations to FINA are not fulfilled, or

C 12.1.2 in case of violation of the FINA Rules and/or decisions of the Congress and/or decisions of the FINA Bureau, or

C 12.1.3 for bringing the sport into disrepute.

C 12.2 Sanctions are:

a) warning
b) fine
c) suspension
d) expulsion

C 12.3 Sanctions shall be imposed by the FINA Executive except in cases involving violation of FINA Doping Control (DC) Rules in accordance with FINA Rule C 12.5 and in cases referred to the Disciplinary Panel in accordance with FINA Rule C 12.6 and in cases involving violation of the FINA Ethics Code in accordance with FINA Rule C 12.7.

C 12.4 Any sanction imposed on a competitor or a person by FINA, a Member or by a FINA recognised body shall be recognised and enforced by all Members.

C 12.5 In cases involving violation of FINA DC Rules, sanctions shall be applied by the FINA Doping Panel (FINA Rule C 23).

C 12.6 In cases of a disciplinary nature referred by the FINA Executive, sanctions shall be applied by the FINA Disciplinary Panel (FINA Rule C 24).

C 12.7 In cases involving violation of the FINA Code of Ethics, sanctions shall be applied by the Ethics Panel (FINA Rule C 25).

C 12.8 Before any Member or individual is sanctioned by the FINA Executive in accordance with FINA Rule C 12.3, the individual or a representative of the Member must be given the right to appear before the Executive either in person or in writing. The Honorary Secretary shall inform the respective Member or individual about this right, in writing, in sufficient time to allow the Member or individual to exercise this right.

C 12.9 Sanctions shall be in force immediately upon the decision being made unless the deciding body rules otherwise.

C 12.10 Appeals

C 12.10.1 A Member, member of a Member or individual sanctioned by the Executive may appeal to the FINA Bureau.

C 12.10.2 A Member, member of a Member, or individual sanctioned by the Doping Panel, the Disciplinary Panel or the Ethics Panel may appeal the decision directly to CAS.

C 12.10.3 Except in accordance with FINA Rule C 12.9.4, an appeal shall be submitted by the appealing party to the FINA Executive Director within twenty-one (21) days from the date of receipt of the decision.

C 12.10.4 An appeal against a decision by the Bureau or the FINA Doping Panel, the Disciplinary Panel or the Ethics Panel shall be referred to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland, within the same term as in C 12.9.3. The only appeal from a decision of the Doping Panel, the Disciplinary Panel or the Ethics Panel shall be to the CAS. The CAS shall also have exclusive jurisdiction over interlocutory orders and no other court or tribunal shall have authority to issue interlocutory orders relating to matters before the CAS. Decisions by the CAS shall be final and binding, subject only to the provisions of the Swiss Private International Law Act, section 190.