APPEALS

Parties may appeal against decisions made under FINA’s Anti-Doping Rules [see DC 13.2 through 13.4 or Paragraphs 15.2 through 15.4 below]. Such decisions will remain in effect while under appeal, unless the appellate body orders otherwise. Before commencing an appeal, the parties involved must first exhaust any post-decision review provided for in the Anti-Doping Rules.

Parties can appeal the following decisions:

a decision that an anti-doping rule violation was committed;

a decision imposing Consequences for an anti-doping rule violation;

a decision that no anti-doping rule violation was committed;

a decision that FINA lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; and

a decision to impose a Provisional Suspension because of a Provisional Hearing or otherwise contrary to Paragraph 8.1.12 above [see DC 7.1.12].

Parties may appeal the decision in cases arising from an Event in an International Competition or in cases involving BSF International-Level Competitors exclusively to the CAS according to the provisions applicable before such court.

FINA requires the BSF to have an appeal procedure for cases involving National-level or other BSF Competitors who do not have an exclusive right to appeal to the CAS [see DC 13.2.1 or Paragraph 15.2.1 above] that adopts the following principles of natural justice:

a timely hearing;
a fair and impartial hearing body;
the right of representation by a legal counsel at the person’s expense; and
a timely, written, reasoned decision.

[See DC 13.2.3 or Paragraph 15.2.3 below for FINA’s right to appeal from hearing decisions by the BSF].

In cases arising from an Event in an International Competition or involving BSF International-Level Competitors [see DC 13.2.1 or Paragraph 15.2.1 above], the following parties have the right to appeal to CAS:

the Competitor or other Person who is the subject of the decision under appeal;

any other party to the case affected by or involved in the decision rendered;

FINA, and the BOA [if its rules permit the imposition of a sanction];

the International Olympic Committee, if applicable, where the decision may affect in the Olympic Games, including decisions affecting eligibility for the Olympic Games; and

WADA.

In cases involving National-Level or other BSF Competitors, the BSF’s Rules must stipulate the parties who have a right to appeal to the reviewing body in The Bahamas [see DC 13.2.2 or Paragraph 15.2.2 above] but, at a minimum, must include:

the Competitor or other Person who is the subject of the decision being appealed;

any other party to the case affected by or involved in the decision rendered;

FINA; and

WADA.

WADA and FINA also have the right to appeal to CAS against decisions of the reviewing body of The Bahamas [see DC 13.2.2 and see Paragraph 15.2.2 above].

Appeals from Decisions Granting or Denying a Therapeutic Use Exemption:

A BSF Competitor, FINA, or the BOA or other designated body that granted or denied the TUE may appeal exclusively to CAS against decisions by WADA reversing the grant or denial of a TUE. BSF International-Level Competitors may appeal to CAS against decisions to deny them a Therapeutic Use Exemption that WADA does not reverse, and other BSF Competitors may appeal such decisions to the reviewing body of The Bahamas [see DC 13.2.2 or Paragraph 15.2.2 above]. If the reviewing body of The Bahamas reverses the decision to deny a Therapeutic Use Exemption, FINA and WADA may appeal that decision to CAS.

Appeals of Decisions to Assess Sanctions and Costs against the BSF:

The BSF may appeal exclusively to CAS against decisions by FINA to assess sanctions and costs under Paragraph 14 above [see DC 12].

Appeal Deadlines:

The deadline for filing appeals to CAS is twenty-one (21) days from the date the appealing party and FINA receive the decision. Despite this stipulation, the following deadlines apply regarding an appeal filed by a party entitled to appeal who was not an original party to the proceedings or the decision the subject of the appeal:

Within a ten (10) day deadline of receiving the decision, such party or parties are entitled to request a copy of the file relied on by the decision-making body.
If the party concerned raises the request within the 10-day deadline, then that party has a 21-day appeal deadline from the day they receive the copy of the file.
If a party files an appeal before the CAS, all other concerned parties affected by the decision in the case have a right to join in the appeal proceedings.