Review of FEI Legal System 1 Introduction What t is th the FEI L - - PowerPoint PPT Presentation

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Review of FEI Legal System

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Introduction

• What

t is th the FEI L Legal gal S System?

– Chapter VIII, FEI General Regulations

• The legal pow
• wers and

nd responsib sibili ilitie ies of

• f Offic

icials als and other appointed bodies;

• A scale of penalties;
• A procedure for lodging Pr

Prot

• tests,

& Appea eals

• General Principles

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Introduction

• Why r

y review t w the he FE FEI L I Legal System?

– “If it is not broken, don’t fix it!”

• Current system – detailed & comprehensive but….

– can be complex & confusing for stakeholders

• Two Types o

s of Ch Changes p pla lanned:

– 1. Changes in Layout

• ut/F

/For

• rma

mat

• More logical order, grouping topics

– 2. Subs Substant ntive C e Cha hanges nges

• New concepts, revision/removal
• f current rules

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Review of Legal System: Objectives

• User

r fr frien endly s system em

• Cle

Clear

• Co

Cost st E Effective

• Effi

fficien ent

• Have deci

cisions

• ns t

taken b n by y th the appr appropr priate bo body dy

On-site Legal Processes

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Proposal: On-site v Off-site Legal Processes

On On Site te matters

Ground und J Jur ury

• All protests, challenges

Off ff Site te matte ters

FEI EI HQ, F FEI EI Tribuna bunal, C CAS S

• Disciplinary Cases, Appeals

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On-site Legal Processes

• All Protests filed on site with Ground Jury only.
• Final Decision – Ground Jury

√- Prot

• tes

est X – No No Prot

• tes

est

Eligibility of Horse/Athlete, Conditions

• f Arena (pre-Competition)

Field of Play: Factual Observations (marks for performance, obstacle knocked) Obstacle, plan/length of course (pre- Competition) ELM/DSQ Horse– Veterinary Irregularity, Incident during Competition, Results ELM/DSQ Athlete - Medical Procedures in application or implementation of a rule Yellow Warning Card

Future of Appeal Committee

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Future of the Appeal Committee

• 1 – 3 Members
• Current Duties/Jurisdiction

– Passport Irregularities – Matters beyond Ground Jury competence – Appeals against Ground Jury Decisions – But……no appeal against:

• Field of Play decisions
• Elimination/Disqualification - Veterinary/Medical grounds
• Yellow Warning Card
• Elimination/Disqualification

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Current: Mandatory Appeal Committee

Ju Jump mping Olympic Games, Continental Championships, World Championships Dressa sage ge Olympic Games, FEI World Cup Finals, FEI World Cup League Finals, FEI Championships, Regional Championships Even enti ting Championships and Games Dr Drivin iving FEI Championships Rein inin ing CRIO4* and Championships (World & Continental) End ndur uranc nce World Championships, CEIO’s Regional Games, Continental Championships, CEI 4* Par ara Dr a Dressag age CPEDI 4* upwards Vau ault ltin ing FEI Championships

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Appeal Committee @ Major FEI Events

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• Passport Irregularity function – transferred to Ground

Jury

• Ground Jury - authority to deal with all on site issues
• No change to what decisions can be challenged
• Possibility to appeal after the Event to the FEI Tribunal
• In practice, decisions of the Appeal Committee are often

appealed to the FEI Tribunal anyway.

Proposal: Removal of Appeal Committee

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PRO PROs

• Clarifies processes

– All onsite matters dealt with by Ground Jury – Clarity on jurisdiction – No question of “Should I file a protest or an appeal?”

• Cost saving for OCs:

– No accommodation, travel, per diem costs for AC members

CO CONs

• Tradition
• No onsite appeal of

Ground Jury decisions arising from a Protest

– (Note: appeal to FEI Tribunal, CAS still possible. Olympic Games – FEI Tribunal are on-site)

Proposal: Removal of Appeal Committee

Panel Discussion: Protests & Future of Appeal Committee

Disciplinary Offences by Athlete Entourage

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• Parents, Coaches, Entourage can be disruptive at FEI

Events, incorrect behaviour towards FEI Officials

– Usually not FEI registered – How can the FEI impose sanctions to punish and deter?

Yellow Warning Card – Athlete Entourgage

Use of Video Evidence

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• Offic

icia ial v l vid ideo-re record rdings (recording made by a broadcast network or a video company hired by the OC) are permit rmitted to assist FEI Officials in carrying out their responsibilities under FEI rules.

• To change the outcome of any

Competition – video must contain irr irrefutable le e evid idence that original ruling/decision was wrong

• Pr

Prot

• tests: Official video only

Video Evidence: Current Rule

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• Discipline specific rules:
• Jumping:

– A video recording may never be used to establish the time

• f an Athlete’s round

– With reference to the water jump the decision of the water jump judge is final

• Dressage

– Use of Video by JSP

Video Evidence

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• Current Video Evidence rule in place since 2012

– A lot has changed since then…… – Do w

• we need

e need to upda

• update the rules on video evidence to

reflect modern technology? – Allow use of footage recorded on sma mart phones phones?

Video Evidence

V

Panel Discussion: Use of Video, Yellow Warning Card – Athlete Entourage

Sanctions

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• Current sanctioning system lists offence and then gives a

wide range of sanctions

• Difficult for FEI Officials, FEI Tribunal to know what is the

appropriate sanction for the offence in question

• Acts defined as criminal

by the relevant national law, fraud of any kind, and violence a fine of CHF 1 CHF 1,000.- to 1 15,0 ,000. 0.- and/or a Suspension of a minimum

• f one (1

(1) ) month u up to l life

Sanctions

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• Ca

Catalo logue (list) of Offences and Guid idance for San r Sanctio ions s based on

• n s

seriou

• usness of off
• f offence
• In practice, when opening a disciplinary case, FEI would

inform accused person if FEI considers the particular

• ffence to be “low
• w-end” or “mid

mid-ra range” or “to top-end” or “ma max” and why

• Accused person/their lawyer can make their own

submission on how serious the offence is

• Aim:

im: more con

• nsistent and pred

edict ctable sanctions for all parties involved. Create reliable precedent d decision

• ns

Sanctions: Proposal

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• Abuse

se of Ho Horse rses s in any form (rapping, abnormal sensitisation or desensitisation of limbs, banned schooling methods etc.) may entail a fin ine of u up t to CHF 1 CHF 15, 5,000.- and/or a Su Susp spensio sion of a min minimu imum m of t three ( (3) mo months s up t to lif life”

Draft Extract: Table of Sanctions

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• In

Incorrect ct beha havio iour ur towards (a) Event Officials or any other party connected with the Event (other Athlete, journalist, public etc.) and/or (b) Doping Control Officers, Testing Veterinarian, Chaperones and/or any

• ther person involved in the collection of a doping control sample may

entail a fine ine of C CHF 2 F 200.- to 1 10,000 000.- and/or a Sus uspens nsio ion n of a a mi minimu mum m of th three ( (3) mo month ths s up p to a a ma maximu mum m of tw twelve ( (12 12) mo month ths

Draft Extract: Table of Sanctions

Administrative Disciplinary Process

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• Confirm in FEI General Regulations – FE

FEI HQ HQ can impose sa sanctio ions d s dir irectly ly for le less s se serio rious o s offences

• Why?

– FEI Tribunal proceedings can take a number of months before a final decision is issued

• Exchange of long written submissions even in minor cases

– Sometimes an immediate decision is necessary – Allows the FEI to be more responsive when a rule breach

• ccurs

– FEI Tribunal focuses on more serious cases

Administrative Disciplinary Process

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• FE

FEI HQ HQ t to h have rig right t to imp impose follo llowin ing san sanctio ions: s:

– Formal Warni nings ngs – Fines nes up to CH CHF2,000 – Sus Suspens pensions

• ns up to 3

3 mont months hs – Provis isio ional Sus Suspens pensions

• ns

– Demot emotion

• n of Of

Offic icia ials ls (in consultation with Director of Officials & relevant Discipline Director)

• Full Right to be Heard
• Full Right of Appeal to FEI Tribunal (and ultimately CAS)
• Publication of all suspensions imposed by HQ

Administrative Disciplinary Process

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Administrative Disciplinary Process

1.

• 1. A

Alleged eged Offenc ence e Repor eported t ed to

• FEI HQ

HQ

• 2. F
• 2. FEI H

HQ Ass ssess ss Serio ious usne ness Serious Minor FEI Tribunal Disciplinary Case

• 3. FE

FEI HQ HQ Adminis inistrativ ive Dis iscip iplina linary Cas ase e 4.

• 4. N

Noti tifica cati tion

• 5. Rig

Right ht to be Hear eard

Writ itten &/or O Oral al Subm bmis issio ion

• 6. FEI

EI H HQ Q Decis isio ion

• 7. Right to

Appeal

Start Date of Suspensions

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• General Prin

rincip iple le: A suspension sta tarts ts on the date of

• f

notif ific icatio ion of the suspension

– Some exceptions: EADCMRS, ADRHA – suspension can be backdated to sample collection

• Reasons for imposing a suspension
• However, some disciplines have an “off
• ff-season
• n”

depending on regional, seasonal factors –Eventing, Endurance

Start Date of Suspensions

Punis unish w h wrong ngdoing ing Det eterr erren ent Effe fect

&

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• If most/all of suspension runs into the “off season”, then

limited/no impact on the Athlete – no real punishment

– Eventing: 2 month suspension issued to European Athlete at end of November. Suspended for Dec, Jan. Will not miss any part of the “real” Eventing season.

– FEI wants sanctions to have a real e eff ffect

Start Date of Suspensions

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• General prin

incip iple le un uncha hang nged: Suspension starts on date

• f

notification, but, where appropriate, to ensure suspension has a real effect:

• FEI

I Trib ribunal Ca al Case ses: s:

– FEI HQ can reques equest FEI Tribunal to start art the s he sus uspens pension

• n on
• n

a a late ter date te

• FEI

I HQ HQ A Admin minis istrativ ive Case Cases & s & 2 2 x Y x Yello llow W Warn arnin ing Ca Card Ca Case ses: s:

– FEI EI can des designa gnate a later er s start da date e for the suspension

Proposal: Postpone Start Date of Suspensions

Panel Discussion: Table of Sanctions, Administrative Disciplinary Process, Start Date of Suspensions

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• FEI Legal to review feedback from Sports Forum &

prepare draft of revised Chapter VIII, FEI General Regulations

• First Draft of proposed changes:

– Monda

• nday, 8 July

ly 2019

• Deadline for NFs, Stakeholder feedback:

– Friday, y, 30 30 Augus ugust 2019

Next Steps

Questions?

Thank You!