C 23 DOPING PANEL

Constitution 2013-2017

C 23.1 The FINA Doping Panel shall consist of six (6) persons. No two members of the Doping Panel shall be from the same country or Sport Country. Members of the Doping Panel shall serve for a period of four (4) years, or until their successors are appointed.

C 23.2 Members shall nominate persons for consideration for appointment to the FINA Doping Panel by providing notice of such nomination in writing, signed by the President of the Member, to the FINA Executive Director at least two (2) months prior to the commencement of the General Congress.

C 23.3 Members shall nominate persons for consideration for appointment to the FINA Doping Panel who are known for their ability, their impartiality and their knowledge about the FINA Rules as well as their experience of sport in general and the Aquatic sports in particular. They shall also have legal training, experience and knowledge of doping matters.

C 23.4 Members of the FINA Doping Panel shall be appointed by the FINA Bureau at its first meeting following its election. The appointment of the members of the FINA Doping Panel shall be made in accordance with applications received from individuals nominated by the Member to which they are affiliated.

C 23.5 Members of the FINA Doping Panel may be appointed for such number of successive terms as considered appropriate by the FINA Bureau.

C 23.6 On the proposal by the President, the FINA Bureau shall appoint one of the members of the FINA Doping Panel to be Chair.

C 23.7 A person may not serve on the FINA Doping Panel if he or she:

a) is a member of the Bureau or of a Technical or Specialised Committee of FINA, or
b) cannot speak English or French.

C 23.8 If a member of the FINA Doping Panel should die or retire, a replacement shall be decided in accordance with FINA Rule C 19.11

C 23.9 The FINA Doping Panel shall conduct hearings and impose sanctions pursuant to FINA DC Rules.

C 23.10 Whenever necessary the Chairman of the Doping Panel shall appoint three persons from the Doping Panel to adjudicate all matters before it. No member of the Doping Panel shall be appointed to hear a specific case when he or she is a citizen of the country of the individual or organisation suspected of violating FINA Rules; the Chair of the Doping Panel may also determine situations in which a Panel member should not be applied due to other potential conflicts.

C 23.11 Where testing has indicated the presence of a banned substance or there is suspicion or evidence of a violation of FINA Rules relating to doping control, and, contrary to DC 8, a Member federation refuses to allow a competitor a hearing, the competitor may demand a hearing on the issues raised before a FINA Doping Panel.