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Rules and Regulation

DC 13.2 Appeals from decisions regarding Anti-Doping Rule violations, Consequences, Provisional Suspensions, recognition of decisions and jurisdiction

A decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six months’ notice requirement for a retired Athlete to return to Competition under DC 5.5.2; a decision by WADA assigning results management under Article 7.1 of the Code; a decision by FINA or any Member Federation not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision not to go forward with an anti-doping rule violation after an investigation under DC 7.5; a decision to impose a Provisional Suspension as a result of a Provisional Hearing or for FINA or a Member Federation’s failure to comply with DC 7.9; a decision that FINA or a Member Federation lack jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under DC 10.6.1; a decision under DC 10.12.3; and a decision by FINA or Member Federation not to recognize another Anti-Doping Organization’s decision under DC 15, may be appealed exclusively as provided in this DC 13.2 – 13.7.

DC 13.2.1 Appeals involving International-Level Athletes or International Competitions
In cases arising from participation in an International Competition or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court.
[Comment to DC 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]

DC 13.2.2 Appeals involving other Athletes or other Persons
In cases where DC 13.2.1 is not applicable, each Member Federation shall have in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing body; the right to be represented by a counsel at the Person’s own expense; and a timely, written, reasoned decision. FINA’s rights to appeal from hearing decisions by Member Federations are set forth in DC 13.2.3 and DC 13.7 below.

DC 13.2.3 Persons entitled to appeal
In cases under DC 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FINA; (d) the National Anti-Doping Organisation of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.
In cases under DC 13.2.2, and without prejudice to WADA’s and FINA’s right to appeal directly to the CAS in accordance with DC 13.1.3 and DC 13.1.4, the parties having the right to appeal to the national-level appeal body shall be as provided in the Member Federation’s or other national rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FINA; (d) the National Anti-Doping Organization of the Person’s country of residence; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA. For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and FINA shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body. Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organisation whose decision is being appealed and the information shall be provided if CAS so directs.
Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.

DC 13.2.4 Cross Appeals and other Subsequent Appeals Allowed
Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this DC 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.

[Comment to DC 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. This provision permits a full hearing for all parties.]