The Disciplinary Panel shall consist of six 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 years or until their successors are appointed.
At least three members of the Disciplinary Panel shall also have legal training and experience. Members of the Disciplinary Panel shall be appointed by the Bureau at its first meeting following its election. On the proposal by the President, the Bureau shall appoint one of the members of the Disciplinary Panel to be Chair.
The Chair 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 Chair of the Disciplinary Panel and the other party respectively the other parties agree, a sole member of the Disciplinary Panel may hear and decide the matter, such member must have legal training. 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.
POWERS AND DUTIES
The FINA Disciplinary Panel shall conduct hearings and impose 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. The sanctions determined by the Disciplinary Panel are limited to those described in Clause C 12.2 of the FINA Constitution.
The hearings of the Disciplinary Panel shall respect the following principles:
- A timely hearing;
- A fair and impartial hearing body;
- The right to be represented by counsel at the hearing, with no expense to FINA;
- The right to be fairly and timely informed of the rule violation;
- The right to respond to the 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 right to an interpreter at the hearing, at no expense to FINA; and
- The right to a timely, written, reasoned decision; specifically, including an explanation of the reason(s) for any period of suspension.
Rodolfo Antonio FALCÓN CABRERAMember
Jane Njeri ONYANGOMember