The ASA Handbook - Swimming.Org

Governance Laws
GOVERNANCE LAWS
31. Judicial
31.1 The primary objective of the judicial system shall be to secure, as
expeditiously as possible, a just outcome following the submission of a
complaint, protest appeal or water polo appeal, by the system and
procedures set out in these Judicial Laws and the Judicial Regulations.
31.2 There shall be five levels of judicial authority:
31.2.1 the Water Polo Delegate(s) or the referee(s)
31.2.2 the Jury of Appeal
31.2.3 the Judicial Commissioner
31.2.4 the Independent Disciplinary and Dispute Resolution Panel, (the
“Disciplinary Panel”), and its agents;
31.2.5 the Independent Disciplinary and Dispute Resolution Appeals Panel,
(the “Appeals Panel), and its agents.
31.3 Any deviation from any provision of these Judicial Laws or Judicial
Regulations shall not invalidate any finding, procedure or decision unless
that deviation raises a material doubt as to the reliability of the finding,
procedure or decision.
31.4 A member of the Scottish ASA or of the Welsh ASA shall be governed by the
ASA Judicial Laws and Regulations whilst engaged in activities under the
jurisdiction of the ASA in England.
31.5 A complaint against a member of the ASA whilst under the jurisdiction of
British Swimming whether in England, Scotland, Wales or abroad shall be
dealt with by and under the disciplinary code of British Swimming.
31.6 Any case involving a prohibited substance under the Doping Control Rules
and Protocols of British Swimming shall be dealt with by British Swimming
according to those Doping Control Rules and Protocols.
32 FINA Rules
32.1 As a constituent association of British Swimming Limited the ASA accepts
FINA Rules for International Relations and unauthorised International
Relations, but these do not apply to its relations with other members of
British Swimming.
33 Interpretation of ASA Laws or Regulations
33.1 When interpretation of an ASA Law or a Regulation or a rule governing ASA
championships is required, or when any matter arises which is not covered
by the ASA Laws or Regulations, it shall be referred to the Board whose
decision shall be immediately effective.
33.2 If any question arises concerning a conflict between the ASA Laws or
Regulations and/or the Rules of a Regional Association and/or County
Association it shall be referred to the Board who shall refer it in accordance
with ASA Regulation 64.4.2 before making its decision, subject to the
approval of the ASA Council at its next meeting.
33.3 Nothing in the preceding sections shall prevent a referee or a water polo
delegate deciding a protest or a Jury of Appeal deciding a protest appeal or
a Disciplinary Committee, Arbitrator or Arbitration Committee deciding a
complaint or a protest appeal or an Appeal Committee deciding an appeal or
water polo appeal based on the interpretation of the relevant Laws,
Regulations or Technical Rules by that person or body.
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