13.1    Decisions Subject to Appeal

Article 13    Results Management: Appeals⁹¹ 

13.1    Decisions Subject to Appeal

Decisions made under the Code or the Rules may be appealed as set forth below in Articles 13.2 through 13.4 or as otherwise provided in the Rules, the Code or the International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.

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. Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.⁹² 

13.1.2     CAS Shall Not Defer to the Findings Being Appealed

Subject to Article 13.1.4, in making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.⁹³ 

All anti-doping proceedings before CAS involving WADA, an International Federation and/or a Major Event Organisation as a party shall be conducted in French or English. Such proceedings may only be conducted in a language other than French or English if WADA, the International Federation and/or the Major Event Organisation (all) agree with such request at their entire discretion.

13.1.3     WADA Not Required to Exhaust Internal Remedies⁹⁴ 

Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the Commission’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the Commission’s process.

13.1.4    Appeals from Decisions Made by WADA

Where the Code or International Standards provide a right of appeal against a decision made by WADA, such appeal shall be made exclusively to CAS. Notwithstanding any other provision of Article 13.1, the appellate standard of review for such appealable decisions made by WADA under the Code or International Standards, or made with WADA’s approval under Articles 5.3.2, 5.6.1, 7.1.1, 10.7 and 14.1.1, shall be whether WADA’s decision was arbitrary.

13.2    Appeals from Decisions Regarding Anti-Doping Rule Violations, Violations of Article 10.14.1, Consequences, Provisional Suspensions, Implementation of Decisions and Authority

13.2    Appeals from Decisions Regarding Anti-Doping Rule Violations, Violations of Article 10.14.1, Consequences, Provisional Suspensions, Implementation of Decisions and Authority

The following decisions may be appealed exclusively as provided in this Article 13.2: 

• a decision that an anti-doping rule violation or violation of Article 10.14.1 was committed;
• a decision imposing Consequences or not imposing Consequences for an anti-doping rule violation or violation of Article 10.14.1, or a decision that no anti-doping rule violation or violation of Article 10.14.1 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 exemption to the six-month notice requirement for a retired Athlete to return to competition under Article 5.6.1; 
• a decision by the Sports Tribunal to disqualify, or to not disqualify results under Article 5.6.1;
• a decision by WADA assigning Results Management under Article 7.1 of the Code; 
• a decision by the Commission not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, an Adverse Passport Finding or an Atypical Passport Finding after review, or a decision not to go forward with an anti-doping rule violation or violation of Article 10.14.1 or whereabouts failure after an investigation in accordance with the International Standard for Results Management or International Standard for Intelligence and Investigations; 
• a decision not to impose, or a decision to lift or not to lift, a Provisional Suspension (with all such appeals made exclusively to CAS as provided in Article 7.4.3); 
• a decision that the Sports Tribunal lacks authority to rule on an alleged anti-doping rule violation or violation of Article 10.14.1 or its Consequences; 
• a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate, Consequences under Articles 10.7.2, 10.7.3 and 10.7.4; 
• failure to comply with Articles 7.1.4 of the Code and 7.1.5; 
• failure to comply with Article 10.8; 
• a decision under Article 10.14.3; 
• a decision by the Commission that the requirements for recording a whereabouts failure are not met; 
• a decision by the Commission not to implement another Anti-Doping Organisation’s decision under Article 15;
• a decision under Article 23.4.4.

13.2.1     Appeals Involving International-Level Athletes or International Events

In cases arising from participation in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS.⁹⁵  

13.2.2     Appeals Involving Other Athletes or Other Persons

In cases where Article 13.2.1 is not applicable, the decision of the Sports Tribunal may be appealed exclusively to CAS in accordance with the applicable procedural rules.

In cases under Article 7.4.3, decisions may also be appealed exclusively to CAS in accordance with the applicable procedural rules. 

13.2.3    Persons Entitled to Appeal

13.2.3.1     Appeals Involving International-Level Athletes or International Events

In cases under Article 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) the relevant International Federation; (d) the Commission and (if different) 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 or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.

13.2.3.2    Appeals Involving Other Athletes or Other Persons

In cases under Article 13.2.2, the following parties shall have the right to appeal: (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) the relevant International Federation; (d) the Commission  and (if different) 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 or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.

13.2.3.3     Duty to Notify as a Condition to Admissibility of Appeal

As a condition to the admissibility of an appeal to CAS authorized in this Article 13, an appealing party shall have provided notice of the appeal to WADA and all other parties with a right to appeal. For other appeals authorized in this Article 13, all parties to an appeal shall ensure that WADA and all other parties with a right to appeal have been given notice of the appeal.

13.2.3.4     Appeal from Imposition of Provisional Suspension

Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.

13.2.4     Cross Appeals and other Subsequent Appeals Allowed⁹⁶ 

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 Article 13 shall file a cross appeal or subsequent appeal at the latest with the party’s answer.

13.2.5       In any case where WADA is provided a right to appeal in this Article 13.2 (subject to the further provisions of Article 7.4.3), WADA may elect, at its sole discretion and within its deadline for filing an appeal, or within ten (10) days of being notified of the appeal if later, to join in the appeal as a party in support or opposition to the appeal or cross-appeal. In such event, WADA shall have the right, but not the obligation, to file pleadings, examine witnesses and present argument.⁹⁷ 

13.3    Failure to Render a Timely Decision by Sports Tribunal

13.3    Failure to Render a Timely Decision by Sports Tribunal⁹⁸ 

Where, in a particular case, the Sports Tribunal fails to render an appealable decision under its authority with respect to whether an anti-doping rule violation or violation of Article 10.14.1 was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS (subject to CAS Appeal Division Rules by analogy) as if the Sports Tribunal had rendered a decision finding no anti-doping rule violation or violation of Article 10.14.1. If the CAS hearing panel determines that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by the Sports Tribunal.

13.4    Appeals Relating to Therapeutic Use Exemptions

13.4    Appeals Relating to Therapeutic Use Exemptions

Therapeutic Use Exemption decisions may be appealed exclusively as provided in Article 4.4 and the International Standard for Therapeutic Use Exemptions.

13.5    Notification of Appeal Decisions

13.5    Notification of Appeal Decisions 

The Commission shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organisations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14. 

13.6    Time for Filing Appeals

13.6    Time for Filing Appeals

13.6.1     Appeal Deadline for Parties other than WADA

The deadline to file an appeal for parties other than WADA shall be the later of:

(a)    Twenty-one (21) days after receipt of the decision;⁹⁹  or

(b)    Where the appealing party makes a timely request for the complete file under Article 14.2.2, twenty-one (21) days after receipt of the complete file relating to the decision.¹⁰⁰

13.6.2     Appeal Deadline for WADA

The filing deadline for an appeal filed by WADA shall be the later of:

(a)     Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or

(b)     Where WADA makes a timely request for the complete file under Article 14.2.2, twenty-one (21) days after WADA’s receipt of the complete file relating to the decision. 

Footnotes

⁹¹     [Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. Anti-doping decisions by Anti-Doping Organizations are made transparent in Article 14. Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.]

⁹²      [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.]

⁹³      [Comment to Article 13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]

⁹⁴       [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of the Commission’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the Commission’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in the Commission’s internal process and appeal directly to CAS.]

⁹⁵      [Comment to Article 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.]

⁹⁶     [Comment to Article 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.]

⁹⁷       [Comment to Article 13.2.5: For the avoidance of doubt, this provision is not intended to limit any other available right of intervention for any Anti-Doping Organization such as, for example, under the CAS Code.]

⁹⁸        [Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for the Sports Tribunal to render a decision before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA will consult with the Sports Tribunal and give the Sports Tribunal an opportunity to explain why it has not yet rendered a decision.]

⁹⁹     [Comment to Article 13.6.1(a): Where a reasoned decision is required, the twenty-one (21) day deadline shall begin to run from receipt of the reasoned decision; where a reasoned decision is not required (e.g., imposition of a mandatory Provisional Suspension), the deadline shall run from the receipt of the operative decision.

Whether governed by CAS rules or Article 13.6.1, a party’s deadline to appeal does not begin running until receipt of the decision. For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.]

¹⁰⁰       [Comment to Article 13.6.2: For purposes of determining whether the complete file has been received, see also Article 14.2.3.]