IPC Anti-Doping Code. Article 13 - Appeals

13.1 Decisions Subject to Appeal

Decisions made under this Code may be appealed as set forth below in Articles 13.2 through 13.5 or as otherwise provided in the Code. Such decisions shall remain in effect while under Appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorized in Article 7 (Results Management) must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided for in Article 13.2.1)

13.1.1 WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the IPC's process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the IPC process.

[Comment to Article 13.1.1: Where a decision has been rendered before the final stage of the IPC's process (for example, a first hearing)) and no party elects to appeal that decision to the next level of the IPC's (e.g., the Governing Board), then WADA may bypass the remaining steps in the IPC's process and appeal directly to CAS.]

13.2 Appeals   from   Decisions   Regarding   Anti-Doping   Rule   Violations, Consequences, and Provisional Suspensions

The following decisions may be appealed:

• a decision that an Anti-Doping Rule Violation was committed
• a decision imposing Consequences for an Anti-Doping Rule Violation
• 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 10.10.2 (Violation of the Prohibition of Participation during Ineligibility)
• a decision that the IPC lacks jurisdiction to rule on an alleged Anti-Doping Rule Violation or its Consequences
• a decision by the IPC not to bring forward an Adverse Analytical Finding or an Atypical Finding as an Anti-Doping Rule Violation
• ora decision not to go forward with an Anti-Doping Rule Violation after an investigation under Article 7.4 and
• a decision to impose a Provisional Suspension under Article 7.5, may be appealed exclusively as provided in this Article 13.2.

13.2.1  Appeals Involving Consequences Imposed by the IPC

In cases arising from consequences imposed by the IPC, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court.

[Comment to Article 13.2.1: CAS decisions are final and binding except for any review
required by law applicable to the annulment or enforcement of arbitral awards.]

13.2.2  Persons Entitled to Appeal

In cases under Article 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 relevant International Federation; (c) the NPC or National Anti-Doping Organization of the Person's country of residence or countries where the Person is a national or license holder; (d) the IPC, where it is the International Federation, or where the decision may have an impact in relation to the Paralympic Games and all Events and Competitions sanctioned by the IPC, including decisions affecting eligibility for the Paralympics Games and all Events and Competitions sanctioned by the IPC,  and (e)
WADA.

The filing deadline for an appeal or intervention filed by WADA shall be the later of twenty-one (21) days after the last day on which any other party in the case could have appealed, or twenty-one (21) days after WADA's receipt of the complete file relating to the decision.

Notwithstanding any other provision herein, the only Person who may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.

13.3 Failure to Render a Timely Decision by an Anti-Doping Organization

13.3.1 Where, in a particular case, an NPC, or National Federation or International Federation, or National Anti-Doping Organization fails to render a decision with respect to whether an Anti-Doping Rule Violation was committed within a reasonable deadline set by the IPC, the IPC may elect to appeal directly to CAS as if the NPC had rendered a decision finding no Anti-Doping Rule Violation. If the CAS hearing body determines that an Anti-Doping Rule Violation was committed and that the IPC acted reasonably in electing to appeal directly to CAS, then the IPC's costs and attorneys fees in prosecuting the appeal shall be reimbursed to the IPC by the NPC.

13.3.2 Where, in a particular case, the IPC fails 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 IPC had rendered a decision finding no Anti-Doping Rule Violation. If the CAS hearing body determines that an Anti-Doping Rule Violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA's costs and attorneys fees in prosecuting the appeal shall be reimbursed to WADA by the IPC.

[Comment to Article 13.3: Given the different circumstances of each Anti-Doping Rule Violation investigation and results management process, it is not feasible to establish a fixed time period for an Anti-Doping Organization to render a decision before the IPC or WADA may intervene by appealing directly to CAS. Before taking such action, however, the IPC or WADA will consult with the Anti-Doping Organization and give the Anti-Doping Organization an opportunity to explain why it has not yet rendered a decision. Nothing in this Article prohibits an International Federation from also having rules which authorize it to assume jurisdiction for matters in which the results management performed by one of its National Federations has been inappropriately delayed.]

13.4 Appeals from Decisions Granting or Denying a TUE

Decisions by WADA reversing the grant or denial of a TUE may be appealed exclusively to CAS by the Athlete, the IPC, or National Anti-Doping Organization or other body designated by an NPC whose decision was reversed. Decisions by the IPC other than WADA denying Therapeutic Use Exemptions, which are not reversed by WADA, may be appealed by International-Level Athletes to CAS.

When the IPC fails to take action on a properly submitted Therapeutic Use Exemption application within a reasonable time, the IPC's failure to decide may be considered a denial for purposes of the Appeal rights provided in this Article.

13.5 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:

13.5.1 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.

13.5.2 If such a request is made within the ten (10) 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.