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Rules and Regulation

DC 13.1 Decisions subject to appeal

Decisions made under these Anti-Doping Rules may be appealed as set forth below in DC 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review provided in the Anti-Doping Organization’s rules must be exhausted, provided that such review respects the principles set forth in DC 13.2.2 below (except as provided in DC 13.1.3 and DC 13.1.4).

DC 13.1.1 Scope of review not limited
The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker.

DC 13.1.2 CAS shall not defer to the finding being appealed
In making its decision, CAS need not give deference to the discretion exercised by the body whose decision is being appealed.
[Comment to DC 13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]

DC 13.1.3 WADA not required to exhaust internal remedies
Where WADA has a right to appeal under DC 13 and no other party has appealed a final decision within FINA’s or its Member Federation’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in FINA’s or its Member Federation’s process.

[Comment to DC 13.1.3: Where a decision has been rendered before the final stage of an Anti-Doping Organization’s process (for example, after a first hearing) and no party elects to appeal that decision to the next level of the Anti-Doping Organization’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in the Anti-Doping Organization’s internal process and appeal directly to CAS.]

DC 13.1.4 FINA not required to exhaust internal remedies
Where FINA has a right to appeal under DC 13 and no other party has appealed a final decision within the Member Federation’s process, FINA may appeal such decision directly to CAS without having to exhaust other remedies in the Member Federation’s process.