C 24 DISCIPLINARY PANEL

Constitution 2013-2017

C 24.1 The FINA Disciplinary Panel shall consist of six (6) persons. No two members of Disciplinary Panel shall be from the same country or Sport Country. Members of the Disciplinary Panel shall serve for a period of four (4) years or until their successors are appointed.

C 24.2 At least three (3) members of the Disciplinary Panel shall also have legal training and experience. Members of the FINA Disciplinary Panel shall be appointed by the FINA Bureau at its first meeting following its election. On the proposal by the President, the FINA Bureau shall appoint one of the members of the FINA Disciplinary Panel to be Chair.

C 24.3 The Chairman of the Disciplinary Panel shall appoint three (3) persons from the Disciplinary Panel of whom at least one (1) shall have legal training to adjudicate all matters before it. In cases where the FINA Executive and the other party agree, a sole member of the Disciplinary Panel may hear and decide the matter. No member of the Disciplinary Panel shall be appointed to a specific case when he or she is a citizen of the country of the competition suspected of violating FINA Rules.

C 24.4 The FINA Disciplinary Panel shall conduct hearings and apply sanctions in all disciplinary cases of originating from violations from any FINA Rules (except matters regarding doping control FINA Rule C 12.5) referred to it by the FINA Executive.

C 24.5 The hearings of the FINA Disciplinary Panel shall respect the following principles:

a) A timely hearing;
b) A fair and impartial hearing body;
c) The right to be represented by counsel at the hearing, with no expense to FINA;
d) The right to be fairly and timely informed of the rule violation;
e) The right to respond to the rule violation and resulting consequences;
f) The right of each party to present evidence, including the right to call and question witnesses (subject to the hearing body’s discretion to accept testimony by telephone or written submission);
g) The right to an interpreter at the hearing, at no expense to FINA; and
h) The right to a timely, written, reasoned decision; specifically, including an explanation of the reason(s) for any period of suspension.