2013 Manual of Motorcycle Sport - Motorcycling Australia

2013 MANUAL OF MOTORCYCLE SPORT11 ANTI-DOPING POLICY11.17.0.9 Decisions by CAS under this Article maybe appealed as provided in GCR 11.19.11.17.0.10 Decisions by CAS under this Article shallnot be subject to further administrativereview at the national level except asrequired by applicable national law.11.17.0.11 If, during a hearing, a party to the hearingprocess implicates a third party to an Anti-Doping Rule Violation, ASADA may useany information that arises as a result ofthe CAS process without having to firstseek the permission of the parties. Thisclause expressly ousts Rule 43 of theCAS Code of Sports-related Arbitration.11.18 ANTI-DOPING SANCTIONS11.18.0.1 Articles 9 and 10 of the Code apply.11.18.0.2 CAS or another relevant body mayrequire the Athlete or other Person torepay all funding and grants received bythe Athlete from that body subsequent tothe occurrence of the Anti-Doping RuleViolation. However, no financial sanctionmay be considered a basis for reducingthe period of Ineligibility or other sanctionwhich would otherwise be applicable underthis ADP. Repayment of funding and grantsmay be made a condition of reinstatement.11.18.0.3 CAS may also determine, in addition toapplying the sanctions under the Code,that a Person who has committed an Anti-Doping Rule Violation, is required to go tocounselling for a specified period.11.18.0.4 Where CAS determines that an employeeor contractor of MA has committed anAnti-Doping Rule Violation, MA will takedisciplinary action against the employeeor contractor.11.18.0.5 Once the period of a Person’s Ineligibilityhas expired and the Person has fulfilledthe conditions for reinstatement, thenprovided that the Person has paidall forfeiture penalties in full and hassatisfied in full any award of costs madeagainst the Person by CAS and anyother requirements determined by CAS,the Person will become automaticallyre-eligible and no application forreinstatement will be necessary. If,however, further forfeited amountsbecome due after the Person’s period ofIneligibility has expired then any failureby the Person to pay all outstandingamounts on or before their respectivedue dates shall entitle MA to deny thePerson’s access to further Competitionsand Events or any other MA activity untilthe amounts due are paid in full unlessotherwise agreed by both parties.11.19 DOPING-CONSEQUENCES TO TEAMS11.19.0.1 Article 11 of the Code applies11.20 ANTI-DOPING APPEALS11.20.0.1 Decisions made under GCR 11.16 ofthis ADP may be appealed to the CASAppeals Division in accordance with thisADP, Article 13 of the Code and the CASCode of Sports Related Arbitration. Suchdecisions shall remain in effect whileunder appeal unless the appellate bodyorders otherwise. Before an appeal iscommenced, any post-decision reviewauthorised in the NAD Scheme or GCR11.16.0.9 must be exhausted. Thefollowing persons shall have the right toappeal::a) the athlete or other Person who isthe subject of the decision beingappealed;b) the other party to the case in whichthe decision was rendered;c) ASADA;d) any other affected parties includingMA;e) FIM and any other Anti-DopingOrganisation under whose rules asanction could have been imposed;f) the International Olympic Committeeor International ParalympicCommittee, as applicable, wherethe decision may have an effectin relation to the Olympic Gamesor Paralympic Games, includingdecisions affecting eligibility forthe Olympic Games or ParalympicGames; andg) WADA.11.20.0.2 The outcome of all appeals must bereported to all parties, ASC, MA, FIM andWADA within 14 days of the conclusionof the appeal. ASADA may inform otherPersons or organisations as it considersappropriate.11.20.0.3 The time to file an appeal to CAS shall bewithin 21 days of the release of the writtendecision of the initial hearing.85