DC 8 RIGHT TO A FAIR HEARING

Doping Control Rules 2009-2013

DC 8.1 For Doping Controls conducted by FINA or for the consideration of additional sanctions on account of Doping Controls conducted by the IOC, or an organization described in DC 5.2.5, FINA shall give the Competitor or other Person the opportunity for a hearing before the FINA Doping Panel as provided in Rule C 21 which respects the following principles:

• a timely hearing;
• a fair and impartial hearing body;
• the right to be represented by counsel at the Person’s own expense;
• the right to be fairly and timely informed of the asserted anti-doping rule violation;
• the right to respond to the asserted anti-doping rule violation and resulting Consequences;
• 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);
• the Person’s right to an interpreter at the hearing with the Doping Panel to determine the identity, and responsibility for the cost of the interpreter; and
• a timely, written, reasoned decision; specifically including an explanation of the reason(s) for any period of Ineligibility.

Hearings held in connection with Competitions may be conducted by an expedited process.

DC 8.2 Hearings Arising Out of Member Federation Testing.

DC 8.2.1 When it appears, following a Member Federation’s results management process described in DC 7, that an anti-doping rule violation has occurred, the Competitor or other Person involved shall be brought before a disciplinary panel of the Competitor or other Person’s Member Federation for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed.

DC 8.2.2 Hearings pursuant to this DC 8.2 shall be completed expeditiously and in all cases within three (3) months of the completion of the results management process described in DC 7. Hearings held in connection with Competitions may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, FINA may elect to bring the case directly before the FINA Doping Panel at the responsibility and at the expense of the Member Federation. FINA may request a Member Federation with results management responsibility to expedite a hearing in order to allow a final decision before the commencement of an International Competition.

DC 8.2.3 Member Federations shall keep FINA fully apprised as to the status of pending cases and the results of all hearings. Where FINA assumes responsibility for results management under DC 7.2 or the hearing under DC 8.2.2, the Member Federation shall provide all requested documentation and shall be responsible for FINA’s costs relating to the results management process or hearing. If the documentation exists in any language other than English or French, the Member Federation shall have such documentation translated to English.

DC 8.2.4 FINA shall have the right to attend hearings as an observer.

DC 8.2.5 The Competitor or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and accepting Consequences consistent with DC 9 and 10 as proposed by the Member Federation Where no hearing occurs, the Member Federation shall submit to the Persons described in DC 13.2.3 a reasoned decision explaining the action taken.

DC 8.2.6 Decisions by Member Federations, whether as the result of a hearing or the Competitor or other Person’s acceptance of Consequences, may be appealed as provided in DC 13.

DC 8.2.7 Hearing decisions by the Member Federation shall not be subject to further administrative review at the national level except as provided in DC 13 or required by applicable national law.

DC 8.2.8 Hearings by Member Federations shall respect the principles described in DC 8.1 above.