PROOF OF DOPING
Right To A Fair Hearing
Hearings Arising Out of BSF or another FINA Member Federationís Testing
STATUTE OF LIMITATIONS
FINA, the BSF or the BOA has the burden of establishing that a BSF Competitor has committed an anti-doping rule violation. The standard of proof in
anti-doping cases is whether FINA, the BSF or the BOA has established that a BSF Competitor committed an anti-doping rule violation to the comfortable
satisfaction of the hearing body, bearing in mind the seriousness of the allegation. This standard of proof is greater than a mere balance of probability
but less than proof beyond a reasonable doubt. Where the Anti-Doping Rules place the burden to rebut a presumption or establish specified facts or circumstances
on a Competitor or other Person alleged to have committed an anti-doping rule violation, the standard of proof is by a balance of probability.
FINA, the BSF or the BOA may establish facts related to anti-doping rules violations by any reliable means, including admissions. The following rules of proof apply
in doping cases:
- The International Standard for laboratory analysis presumes that WADA-accredited
laboratories have conducted Sample analysis and custodial procedures according to that International Standard. A BSF Competitor may
rebut this presumption by establishing that there was a departure from the International Standard. If the Competitor rebuts the preceding presumption by
showing that there was a departure from the International Standard, then FINA, the BSF or the BOA has the burden to establish that such departure did not
cause the Adverse Analytical Finding.
- Departures from the International Standard for Testing that did not cause an Adverse
Analytical Finding or other anti-doping rule violation will not invalidate such results. If the Competitor establishes that departures from the International
Standard occurred during Testing, then FINA, the BSF or the BOA has the burden to establish that such departures did not cause the Adverse
Analytical Finding or the factual basis for the anti-doping rule violation.
For Doping Controls conducted by FINA, or for the consideration of additional sanctions due to Doping Controls conducted by the IOC, or any other
organisation [see DC 5.2.5 or Paragraph 6.5.2 above], FINA must give a BSF Competitor or other Person the opportunity for a hearing before the FINA Doping
Panel consistent with the following principles of natural justice [see FINA Constitution Rule C 21]:
- a timely hearing;
- fair and impartial hearing body;
- the right of representation by legal counsel at the Personís own expense;
- the right to be fairly and timely informed of the alleged anti-doping rule violation;
- the right to respond to the alleged 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 Personís right to an interpreter at the hearing with the Doping Panel who will decide the identity, and responsibility for the cost, of the
- a timely, written, reasoned decision.
The Doping Panel may conduct expedited hearings concerning Competitions.
Following the Results Management process [see DC 7 or Paragraph 8 above], if it appears
from a BSF or FINA Member Federationís Test that an anti-doping rule violation occurred, the BSF Competitor or other Person involved
must appear before a BSF or other disciplinary panel for a hearing to adjudicate whether a violation of the FINA Anti-Doping Rules has occurred and, if so, what Consequences
they should impose.
The above hearing [see DC 8.2] must be completed expeditiously and in all cases within three (3) months of the completion of the results management process [see
DC 7 or Paragraph 8 above]. The BSF disciplinary panel may conduct expedited hearings concerning BSF Competitions. If the disciplinary panel is unable
to complete the hearing within three (3) months, FINA may elect to bring the case directly before the FINA Doping Panel at the expense and responsibility of
The BSF must keep FINA fully informed as to the status of pending cases and the results of all anti-doping disciplinary hearings.
FINA has the right to attend the hearing as an observer.
A BSF Competitor or other Person may forego a hearing by acknowledging the violation of the FINA Anti-Doping Rules and accepting Consequences
consistent with automatic Disqualification of individual results [see DC 9 or Paragraph 11 below] and sanctions on individuals [see DC 10 or Paragraph 12
below] as proposed by the BSF.
A BSF Competitor or other Person may appeal decisions by the BSF, whether as the result of a hearing or the acceptance of Consequences [see
Article 13 of the Code or Paragraph 15 below].
Hearing decisions by the BSF are not subject to further administrative review at the national level in The Bahamas except as provided in the Anti-Doping Rules [see
DC 13 or Paragraph 15 below] or as required by applicable Bahamian law.
Hearings by the BSF must respect the principles of natural justice [see DC 8.1 or Paragraph 10.1 above].
No Person may commence an action against a BSF Competitor or other Person
under the FINA Anti-Doping Rules for a violation of those Rules unless they commence such action within eight (8) years from the date the violation