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ITTF
Handbook 2009
/ 2010 |
| Index |
Description |
| 5.08 |
RIGHT TO A FAIR HEARING |
| 5.08.01 |
Hearings arising out of the ITTF Testing or Tests at International Events |
| 5.08.01.01 |
The ITTF Executive Committee shall appoint a standing panel consisting of a Chair and four other experts with experience in anti-doping ("ITTF Doping Hearing Panel"). The Chair shall be a lawyer. Each panel member shall be otherwise independent of the ITTF. Each panel member shall serve a term of four years. |
| 5.08.01.02 |
When it appears, following the Results Management process described in Article 5.7, that these Anti-Doping Rules have been violated in connection with the ITTF Testing or Testing at an International Event then the case shall be assigned to the ITTF Doping Hearing Panel for adjudication. |
| 5.08.01.03 |
The Chair of the ITTF Doping Hearing Panel shall appoint three members from the panel (which may include the Chair) to hear each case. At least one appointed member shall be a lawyer. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Athlete or other Person alleged to have violated these Anti-Doping Rules. |
| 5.08.01.04 |
Hearings pursuant to this Article shall be completed expeditiously following the completion of the results management process described in Article 5.7. Hearings held in connection with Events may be conducted on an expedited basis. |
| 5.08.01.05 |
The National Association of the Athlete or other Person alleged to have violated these Anti-Doping Rules may attend the hearing as an observer. |
| 5.08.01.06 |
ITTF shall keep WADA fully apprised as to the status of pending cases and the result of all hearings. |
| 5.08.01.07 |
An Athlete or other Person may forego a hearing by acknowledging the Anti-Doping Rule violation and accepting Consequences consistent with Articles 5.9 and 5.10 as proposed by the ITTF. The right to a hearing may be waived either expressly or by the Athletefs or other Personfs failure to challenge the ITTFfs assertion that an anti-doping rule violation has occurred within three (3) weeks. Where no hearing occurs, the ITTF shall submit to the persons described in Article 5.13.2.3 a reasoned decision explaining the action taken. |
| 5.08.01.08 |
Decisions of the ITTF Doping Hearing Panel may be appealed to Court of Arbitration for Sport as provided in Article 5.13. |
| 5.08.02 |
Hearings Arising Out of National Testing |
| 5.08.02.01 |
When it appears, following the Results Management process described in Article 5.7, that these Anti-Doping Rules have been violated in connection with Testing other than in connection with ITTF Testing or Testing at an International Event, the Athlete or other Person involved shall be brought before a disciplinary panel of the Athlete or other Person's National Association for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed. |
| 5.08.02.02 |
Hearings pursuant to this Article 5.8.2 shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Article 5.7. Hearings held in connection with Events may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, ITTF may elect to bring the case directly before the ITTF Doping Hearing Panel at the responsibility and at the expense of the National Association. |
| 5.08.02.03 |
National Associations shall keep ITTF and WADA fully apprised as to the status of pending cases and the results of all hearings. |
| 5.08.02.04 |
ITTF and WADA shall have the right to attend hearings as an observer. |
| 5.08.02.05 |
The Athlete or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and accepting Consequences consistent with Articles 5.9 and 5.10 as proposed by the National Association. The right to a hearing may be waived either expressly or by the Athletefs or other Personfs failure to challenge the National Associationfs assertion that an anti-doping rule violation has occurred within three (3) weeks. Where no hearing occurs, the National Association shall submit to the persons described in Article 5.13.2.3 a reasoned decision explaining the action taken. |
| 5.08.02.06 |
Decisions by National Associations, whether as the result of a hearing or the Athlete or other Person's acceptance of Consequences, may be appealed as provided in Article 5.13. |
| 5.08.02.07 |
Hearing decisions by the National Association shall not be subject to further administrative review at the national level except as provided in Article 5.13 or required by applicable national law. |
| 5.08.03 |
Principles for a Fair Hearing All hearings pursuant to either Article 5.8.1 or 5.8.2 shall respect the following principles:
- a timely hearing;
- fair and impartial hearing body;
- the right to be represented by counsel at the Person's own expense;
- the right to be fairly and timely informed of the asserted anti-doping rule violation;
- the right to respond to the asserted 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 Person's right to an interpreter at the hearing, with the hearing panel to determine the identity, and responsibility for the cost of the interpreter; and
- a timely, written, reasoned decision, specifically including an explanation of the reason(s) for any period of Ineligibility.
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