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ITTF
Handbook 2009
/ 2010 |
| Index |
Description |
| 5.13 |
APPEALS |
| 5.13.01 |
Decisions Subject to Appeal
Decisions made under these Anti-Doping Rules may be appealed as set forth below in Article 5.13.2 through 5.13.4 or as otherwise provided in these Anti-Doping Rules. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorised in these rules must be exhausted (except as provided in Article 5.13.1.1). |
| 5.13.01.01 |
WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 5.13 and no other party has appealed a final decision within the ITTF or its National Associationfs process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the ITTF or its National Associationfs process.
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| 5.13.02 |
Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, and Provisional Suspensions /b>
A decision that an anti-doping rule violation was committed, a decision imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision under Article 5.10.10.2 (prohibition of participation during Ineligibility); a decision that the ITTF or its National Association lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision by any National Association not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision not to go forward with an anti-doping rule violation after an investigation under Article 5.7.4; and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Article 5.7.4 may be appealed exclusively as provided in this Article 5.13.2. Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.
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| 5.13.02.01 |
Appeals Involving International-Level Athletes
In cases arising from competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court.
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| 5.13.02.02 |
Appeals Involving National-Level Athletes
In cases involving Athletes who do not have a right to appeal under Article 5.13.2.1, each National Association shall have in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing panel; the right to be represented by a counsel at the personfs expense; and a timely, written, reasoned decision. The ITTFfs rights of appeal with respect to these cases are set forth in Article 5.13.2.3 below.
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| 5.13.02.03 |
Persons Entitled to Appeal
In cases under Article 5.13.2.1, 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 ITTF and any other Anti-Doping Organization under whose rules a sanction could have been imposed; (d) 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 (e) WADA. In cases under Article 5.13.2.2, the parties having the right to appeal to the national-level reviewing body shall be as provided in the National Association's rules but, at a minimum, shall include the following parties: (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 ITTF; and (d) WADA. For cases under Article 5.13.2.2, WADA and the ITTF shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body.
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| 5.13.03 |
Failure to Render a Timely Decision by the ITTF and its National Associations
Where, in a particular case, the ITTF or its National Associations fail to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if the ITTF or its National Associations had rendered a decision finding no anti-doping rule violation. If the CAS panel determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADAfs costs and attorneys fees in prosecuting the appeal shall be reimbursed to WADA by the ITTF or its National Associations.
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| 5.13.04 |
Appeals from Decisions Granting or Denying a Therapeutic Use Exemption
Decisions by WADA reversing the grant or denial of a TUE may be appealed exclusively to CAS by the Athlete, the ITTF, or National Anti-Doping Organization or other body designated by a National Association which granted or denied the exemption. Decisions to deny TUEfs, and which are not reversed by WADA, may be appealed by International-Level Athletes to CAS and by other Athletes to the national level reviewing body described in Article 5.13.2.2. If the national level reviewing body reverses the decision to deny a TUE, that decision may be appealed to CAS by WADA.
When the ITTF, National Anti-Doping Organizations or other bodies designated by National Associations fail to take action on a properly submitted TUE application within a reasonable time, their failure to decide may be considered a denial for purposes of the appeal rights provided in this Article.
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| 5.13.05 |
Appeal from Decisions Pursuant to Article 5.12
Decisions by the ITTF pursuant to Article 5.12 may be appealed exclusively to CAS by the National Association.
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| 5.13.06 |
Time for Filing Appeals
The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal:
a) Within ten (10) days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied;
b) If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.
The above notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of:
(a) Twenty-one (21) days after the last day on which any other party in the case could have appealed, or
(b) Twenty-one (21) days after WADAfs receipt of the complete file relating to the decision.
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