8. Notification And Referral To The Sports Tribunal

8. Notification And Referral To The Sports Tribunal

8.1 Notice to Participant or Person

Where:

8.1.1 there has been an Adverse Analytical Finding and, after the Commission has carried out the steps under Rule 7.2 which are applicable, the Commission considers that an anti- doping rule violation has been committed under Rule 2.1; or

8.1.2 after considering and assessing documentation or information obtained or provided during any investigation under Rule 7.9 and any further matters which it considers relevant, the Commission considers that an anti-doping rule violation under Rules 2.2 to 2.11 has occurred and decides that it will bring Violation Proceedings against any Participant or other Person,

The Commission will notify the Participant or Person in writing who is alleged to have committed the anti- doping rule violation setting out the anti-doping rule violation which the Commission alleges has been committed. The notice will give particulars of the alleged violation, the possible Consequences which may apply if the anti-doping rule violation is established, matters related to Provisional Suspension (if applicable), and other information required under the International Standard for Results Management. The Commission will also notify the other parties who will be notified of the allegation under Rule 8.2. The notice will also provide that the Participant or Person who is the subject of the Anti-Doping Rule Violation Proceeding may be able to obtain a suspension of Consequences if they provide Substantial Assistance under Rule 10.7.1, may admit the anti- doping rule violation in writing and potentially benefit from a one-year reduction in the period of Ineligibility under Rule 10.8.1 (if applicable) and/or seek to enter into a case resolution agreement by admitting the anti-doping rule violation(s) under Rule 10.8.2.

8.2 Notice to Organisations

When the Commission has determined as a result of any investigation that it will bring anti-doping rule Violation Proceedings, in addition to giving the notice under Rule 8.1, the Commission will simultaneously notify the Participant’s or Person’s National Anti-Doping Organisation (where applicable), the relevant National Sporting Organisation(s), the relevant International Federation(s), any other relevant Signatory to the Code and WADA, of the alleged Violation, identifying the Participant or Person who it alleges has committed the anti-doping rule violation and providing the details which are given to the Participant or Person under Rule 8.1. The Commission will also promptly report this information into ADAMS.

8.3 Waiver of Hearing

The right to a hearing may be waived either expressly or by the Athlete’s or other Person’s failure to challenge the Commission’s assertion that an anti-doping rule violation has occurred within such time as the Rules of the Sports Tribunal allow.

8.4 Notice to Sports Tribunal or NSO Anti-Doping Tribunal

Where the Commission has determined that it will bring anti-doping rule Violation Proceedings against any Participant or Person, it will notify the Sports Tribunal or the relevant NSO Anti-Doping Tribunal of the alleged violation and bring anti-doping rule Violation Proceedings before the Sports Tribunal or relevant NSO Anti-Doping Tribunal. Where the Commission is not aware of the position in relation to the existence of any relevant NSO Anti-Doping Tribunal it will notify the Sports Tribunal. The Commission will file and serve the documents required to commence anti-doping rule Violation Proceedings under the Rules of the Sports Tribunal or NSO Anti-Doping Tribunal.

8.5 Single Hearing before CAS

Anti-doping rule violations asserted against International-Level Athletes, National-Level Athletes or other Persons may, with the consent of the Athlete or other Person, the Commission and WADA, be heard in a single hearing directly at CAS.⁴³ 

8.6 Role of Sports Tribunal

8.6.1 Subject to Rule 8.6.2, the Sports Tribunal continued by the Sports Tribunal Act 2006 is the body responsible for hearing and determining anti-doping rule violations referred to it by the Commission under the Rules. In particular, the Sports Tribunal will determine whether an anti-doping rule violation has been committed and if so, the Consequences of the Violation for the Athlete or any other Person who has committed the Violation. The Sports Tribunal will regulate its own procedures and will provide a hearing which respects the principles in Article 8 of the Code.

8.6.2 A National Sporting Organisation may establish and nominate an NSO Anti- Doping Tribunal to hear anti-doping rule violations brought by the Commission provided that the NSO Anti-Doping Tribunal complies with all the requirements of the Rules (including all the requirements relating to the Sports Tribunal) and the Code and the International Standards, in particular the International Standard for Results Management, in all aspects of its consideration of an alleged violation. Any NSO Anti-Doping Tribunal established shall, by its Rules, accept the authority of the Commission to notify and bring Violation Proceedings and to appear before it to present the evidence in support of such Violation Proceedings. Where a National Sporting Organisation establishes an NSO Anti-Doping Tribunal it will immediately notify the Commission and provide the Commission with all relevant Rules relating to the operation of the NSO Anti-Doping Tribunal.

8.6.3 Where the Rules refer to the Sports Tribunal, the reference shall be read as also referring to any NSO Anti-Doping Tribunal established by a National Sporting Organisation under Rule 8.6.2.

8.7 Hearing Procedure

8.7.1 Proceedings under the Rules must be completed in a timely manner, and should normally be completed within three months of the date of notification of the anti- doping rule Violation Proceedings to the Sports Tribunal by the Commission.

8.7.2 Proceedings in connection with Events may be conducted on an expedited basis. Decisions may be given orally in the first instance but, in every case, written reasons for the decision will be given.

8.8 Confidentiality of Hearings and Reporting of Decisions

8.8.1 All hearings and deliberations before the Sports Tribunal in relation to anti- doping rule violations will be held in private and be confidential save where the parties otherwise agree.

8.8.2 Any decisions of the Sports Tribunal that an anti-doping rule violation has been committed, must be notified to the Commission promptly and no later than 7 working days from the date the decision has been made.

8.9 Appeals

Appeals from the decisions of the Sports Tribunal are exclusively to CAS as set out in Rule 13 of the Rules.

8.10 Other Matters

Subject to the application of Rule 3.2.3 in relation to departures from the International Standard for Testing and Investigations, no failure to follow, or departure from, the procedures provided for by the Rules by the Commission or any National Sporting Organisation will provide a ground to exclude evidence which is relevant to the determination whether an anti-doping rule violation has been committed from being considered by the Sports Tribunal or otherwise provide a ground for the Sports Tribunal to find that an anti-doping rule violation has not been committed. Nor will any such failure or departure provide a ground to invalidate a decision by the Sports Tribunal on an appeal to CAS, save where CAS, in the exercise of its jurisdiction on appeal, considers that there has been a miscarriage of justice as a direct consequence of the failure or departure.

8.11 Subject to the provisions of sections 46(1) and 49 to 53 of the Privacy Act 2020, and subject to any other good reason to withhold information under statute, any Person who is notified by the Commission under these Rules that they may be the subject of Violation Proceedings, will be entitled to copies of the documentation relevant to the allegation that there has been an anti-doping rule violation, and the Commission shall provide this to the Person or their representative upon request.

Footnotes

^{43 [Comment to Rule 8.5: In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial. Where all of the parties identified in this Rule are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti-Doping Organisations to incur the extra expense of two hearings. An Anti-Doping Organisation may participate in the CAS hearing as an observer. Nothing set out in Rule 8.5 precludes the Athlete or other Person and the Commission (where it has Results Management responsibility) to waive their right to appeal by agreement. Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.]}