Impact of New Hearing Standards on the Conduct of Proceedings - - PowerPoint PPT Presentation

Impact of New Hearing Standards on the Conduct

• f Proceedings

Janie Soublière

Arbitrator, SDRCC and CAS

Ulrich Haas

Arbitrator, CAS

Montreal January 30, 2020

2020-02-04 2

1.

• 1. Terminology

Code 2015 …

• Results Management (Art. 7)
• Initial Review
• Notice
• Provisional Suspension
• Hearing (Art. 8)
• Hearing strictu sensu
• Decision
• Notice

… Code 2021 …

• Results Management (Art. 7, 8, 13)
• Initial Review
• Notice
• Provisional Suspension
• Charge
• Hearing strictu sensu
• Decision
• Notice
• Appeals

…

Part 3: RM – pre-adjudication Part 4: RM – adjudication

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Code 2021 …

• Results Management (Art. 7, 8, 13)
• Initial Review
• Notice
• Provisional Suspension
• Charge
• Hearing strictu sensu
• Decision
• Appeals

…

Responsibility of Results Management Authority (the ADO responsible for conducting RM in a given case) ISRM 8.1: May be

delegated to a Delegated Third Party (eg ITA)

2.

• 2. “Cour

urt O Organi nisation”

ISRM 8.1: May be

delegated to a Delegated Third Party (eg ITA, ADD, SDRCC)

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4

Code 2021 …

• Results Management (Art. 7, 8, 13)
• Initial Review
• Notice
• Provisional Suspension
• Charge
• Hearing strictu sensu
• Decision
• Appeals

…

Responsibility of Results Management Authority (the ADO responsible for conducting RM in a given case)

2.

• 2. “Cour

urt O Organi nisation”

• Art. 20 WADC: Each Anti-Doping Organization

may delegate aspects of Doping Control or anti- doping Education for which it is responsible but remains fully responsible for ensuring that any aspect it delegates is performed in compliance with the Code. To the extent such delegation is made to a Delegated Third Party that is not a Signatory, the agreement with the Delegated Third Party shall require its compliance with the Code and International Standards.

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Code 2021 …

• Results Management (Art. 7, 8, 13)
• Initial Review
• Notice
• Provisional Suspension
• Charge
• Hearing strictu sensu
• Decision
• Appeals

…

2.

• 2. “Cour

urt O Organi nisation”

Art 8.1 WADC / ISRM 8.6: The rules governing the activities of the Results Management Authority shall guarantee the Operational Independence of hearing panel members

(1) incompatibility: board members, staff members, commission members, consultants and officials of the RMA … cannot be members and/or clerks of hearing panels of that Results Management Authority and (2) no interference: hearing panels shall be in a position to conduct the hearing & decision-making process without interference from RMA or any third party

• 3. “

“Ju Judges”

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wider pool selection ISRM 8.2 panel specific case qualification ISRM 8.2

anti-doping experience [legal, sports, medical and/or scientific]

number ISRM 8.2

The number of potential hearing panel members appointed to the wider pool depends on the number of affiliates and the anti-doping history (including the number of anti-doping rule violations committed in the past years) of the Anti- Doping Organization. At the very least, the number of potential hearing panel members shall be sufficient to ensure that Hearing Processes are timely conducted and provide for replacement possibilities in the event of a conflict of interest

• 3. “Judges”

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wider pool panel specific case appointment ISRM 8.3

The applicable rules shall provide for an independent person

• r body to determine in their discretion the size and

composition of a particular hearing panel to adjudicate an individual case. At least one appointed hearing panel member must have a legal background eg chairperson of the pool may vary depending on the nature of the charge and the evidence put forward. The hearing panel may be composed of a single adjudicator.

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4.

• 4. Proc
• ced

edure

Charge ISRM 7

Single Hearing before CAS (Art. 8.5 / ISRM 7.6) Normal Hearing Process (Art. 8 / ISRM 8) RM-authority / DTP

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4.

• 4. Proc
• ced

edure

appointment

ISRM 8.4 declaration

• f independence

ISRM 8.5: notification of constitution of panel / right to challenge ISRM 8.5 possibility of challenge (within 7 days) Hearing: (ISRM 8.1) not necessarily in person, use of modern technology or

• n paper only

charge

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4.

• 4. Proc
• ced

edure

appointment ISRM 8.4 declaration of independence ISRM 8.5 ISRM 8.5 possibility of challenge (within 7 days) Hearing

charge ISRM 9.1: Decision Contents: jurisdictional basis, detailed factual background, ADRV committed, applicable consequences, appeal rules (national/international) and deadlines

2 months

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4.

• 4. Proc
• ced

edure

appointment ISRM 8.4 declaration of independence ISRM 8.5 ISRM 8.5 possibility of challenge (within 7 days) Hearing

charge

ISRM 9.1: Decision

ISRM 9.2: Notification

• adressee: all ADO with right to appeal +

WADA

• report in ADAMS
• translate English / French summary
• Inform of status and enforcement
• provide full case file upon request
• notify relevant Laboratory

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4.

• 4. Proc
• ced

edure

appointment ISRM 8.4 declaration of independence ISRM 8.5 ISRM 8.5 possibility of challenge (within 7 days) Hearing

charge

ISRM 9.1: Decision ISRM 9.2: Notification

ISRM 4.1: Save for disclosures, including Public Disclosure, that are required or permitted under Code Article 14 or this International Standard, all processes and procedures related to Results Management are confidential. ISRM 4.2: Anti-Doping Organizations should be able to conclude Results Management (including the Hearing Process at first instance) within six (6) months ISRM 8.8: respect prodecural guarantees: fair, impartial, accessible, affordable, reasonable time (not exceed 2 months), be informed timely and fairly of asserted ADRV, right to be represented by counsel, right submit evidence, right to an interpreter (at own expense), right to request a public hearing subject to certain conditions