Anti Doping Policy
ARTICLE 13 APPEALS
Decisions made under the Rules may be challenged solely by appeal as set out in this Article 13 (or as otherwise provided in the Rules). Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.
13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, and Provisional Suspensions
13.2.1 The following decisions -- a decision that an anti-doping rule violation was (or was not) committed, a decision imposing Consequences (or not imposing Consequences) for an anti-doping rule violation; a decision that a charge cannot go forward for procedural reasons (including, for example, because too much time has passed); a decision that the BCCI or a hearing panel lacks jurisdiction to deal with an alleged anti-doping rule violation; a decision not to pursue an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation under Article 7.2 or 7.3; a decision not to bring a charge after an investigation under Article 7.5; a decision to suspend a period of Ineligibility in accordance with Article 10.5.3; a decision to reinstate a suspended period of Ineligibility in accordance with Article 10.5.3; a decision under Article 10.10.2 in relation to participation whilst Ineligible; and a decision to reduce a period of Ineligibility imposed under a predecessor version of the Rules in accordance with Article 18.5.3 -- may be appealed by any of the following parties exclusively as provided in this Article 13:
126.96.36.199 the Cricketer or Cricketer Support Personnel who is the subject of the decision being appealed;
188.8.131.52 the BCCI;
184.108.40.206 the ICC; and
In the absence of any such appeal, such decisions shall be final and binding on all of the above Persons.
13.2.2 The only Person who may appeal a decision to impose a Provisional Suspension is the Cricketer or Cricketer Support Personnel who is the subject of the Provisional Suspension.
13.2.3 Subject to Article 13.6, an appeal pursuant to Articles 13.2.1 or 13.2.2 shall be made as follows:
220.127.116.11 In a case arising from participation in an ICC Event or involving an International-Level Cricketer, the appeal shall be made to CAS in accordance with Article 13.9.
18.104.22.168 In all other cases, the appeal shall be made to the Appeal Panel in accordance with Article 13.3, subject to the right of certain parties to make a further appeal to CAS, in accordance with Article 13.5.4.
13.3 Filing an Appeal with the Appeal Panel
13.3.1 Where an appeal lies under these Rules to an Appeal Panel, the appellant must lodge notice of the appeal with the President of the Anti-Doping Panel (c/o the Anti-Doping Manager), specifying the grounds of the appeal, within fourteen (14) days of the date of receipt of the reasoned decision of the Anti-Doping Tribunal that is being challenged on appeal.
13.3.2 An appellant who was not a party to the proceedings that led to the decision being appealed shall have the right to a copy of the record of the proceedings that led to the decision. If such request is made, then BCCI shall supply the record to such party as soon as reasonably practicable.
13.4 Convening an Appeal Panel
13.4.1 Where a notice of appeal is filed in accordance with Article 13.3.1, the President of the Anti-Doping Panel, in conjunction with the Anti-Doping Manager, shall appoint three (3) members from the Anti-Doping Panel (which may include the President) to sit as the Appeal Panel to hear and determine the appeal. Each Anti-Doping Panel member appointed to the Appeal Panel shall be independent of BCCI and shall not have sat as part of the first instance Anti-Doping Tribunal. At least one appointed member of the Appeal Panel shall be a lawyer, and shall sit as Chairman of the Appeal Panel.
13.4.2 The parties to the appeal shall be advised of the identities of the appointed members of the Appeal Panel and asked if they have any legitimate objection to any of those members hearing and determining the appeal. Any unjustified delay in raising any such objection shall constitute a waiver of the objection. If such objection is made, the Chairman of the Appeal Panel shall rule on its legitimacy (or, if the objection relates to the Chairman, the President of the Anti-Doping Panel shall rule).
13.4.3 If, because of a legitimate objection or for any other reason, a member of the Appeal Panel appointed to hear a particular appeal is, or becomes, unwilling or unable to hear the appeal, then the Chairman of the Appeal Panel may, at his/her absolute discretion: (a) rule that a replacement member of the Appeal Panel should be appointed (in which case the President of the Anti-Doping Panel shall appoint the replacement); or (b) authorise the remaining members of the Appeal Panel to hear (or to continue to hear) the appeal on their own.
13.5 Proceedings before the Appeal Panel
13.5.1 The provisions of Articles 8.1 and 8.2, applicable to proceedings before the Anti-Doping Tribunal, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to proceedings before the Appeal Panel.
13.5.2 Appeal hearings pursuant to this Article 13 should be completed expeditiously. Save where all parties agree or fairness requires, the appeal hearing shall be commenced no later than forty (40) days after the date of the reasoned decision being appealed.
13.5.3 Each of the ICC and WADA, if not party to the appeal, shall have the right to be kept apprised by BCCI of the status of the appeal, as well as the right to attend hearings of the Appeal Panel as an observer.
13.5.4 The Appeal Panel shall hear and determine the appeal in accordance with the following standard of review:
22.214.171.124 Where required in order to do justice (e.g., to cure procedural errors), the appeal shall take the form of a rehearing de novo, i.e., the Appeal Panel shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed.
126.96.36.199 In all other cases, the appeal shall not take the form of a de novo hearing. Instead the appellant shall be required to establish that the decision being appealed was made in error.
13.5.5 Decisions of the Appeal Panel may only be challenged by WADA or the ICC, by appeal to CAS in accordance with the provisions of Article 13.9. Subject thereto, such decisions shall be the full, final and complete disposition of the appeal and will be binding on all of the parties identified in Article 13.2.1.
13.6.1 Appeals by WADA or the ICC
13.6.1 Notwithstanding any other provision of the Rules, where WADA or the ICC has a right of appeal under the Rules against a decision, and no other party has appealed against that decision, WADA or the ICC may appeal such decision directly to CAS without having first to exhaust any other remedy, including (without limitation) without having to appeal to an Appeal Panel.
13.6.2 Where WADA or the ICC considers that the BCCI has failed within a reasonable deadline to make a decision with respect to whether an anti-doping rule violation was committed, both WADA and the ICC shall have a right of appeal to CAS as if the BCCI had rendered a decision finding no anti-doping rule violation. If CAS determines that an anti-doping rule violation was committed and that WADA or the ICC acted reasonably in electing to appeal directly to CAS, then the reasonable costs of WADA or the ICC incurred in pursuing the appeal shall be reimbursed to WADA or the ICC by the BCCI.
13.7 Appeals from Decisions Granting or Denying a Therapeutic Use Exemption
13.7.1 The Cricketer and/or the BCCI may appeal a decision by the TUE Committee on the Cricketer’s TUE application, in whole or in part, to the TUE Appeal Panel, on the ground that the decision does not comply with the International Standard for Therapeutic Use Exemptions. Alternatively, an International-Level Cricketer may appeal any such decision to CAS in accordance with Article 13.9.
13.7.2 If the TUE Appeal Panel upholds a Cricketer’s appeal in whole or in part, the BCCI and/or WADA may appeal that decision to CAS in accordance with Article 13.9.
13.7.3 Decisions by WADA reversing the grant or denial of a TUE further to Article 4.4.4may be appealed exclusively to CAS by the Cricketer or the BCCI, in accordance with Article 13.9, or by the ICC in accordance with the ICC Code.
13.8 Time for Filing Appeals/Appeals Procedure
13.8.1 The time to file an appeal to the Appeal Panel or to CAS (as applicable) shall be twenty-one (21) days from the date of receipt of the written decision by the appealing party.
13.8.2 Article 13.8.1 notwithstanding, the following shall apply in connection with appeals filed by a party that was not a party to the proceedings that led to the decision subject to appeal:
188.8.131.52 Within ten (10) days from receipt of the written, reasoned decision, such party/ies shall have the right to request from the body that issued the decision a copy of the file on which such body relied.
184.108.40.206 If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal.
13.8.3 Articles 13.8.1 and 13.6.2 notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:
220.127.116.11 Twenty-one (21) days after the last day on which any other party in the case could have appealed; and
18.104.22.168 Twenty-one (21) days after WADA’s receipt of a copy of the file on which the body that issued the decision relied.
13.8.4 All parties with a right to appeal pursuant to this Article 13, if not joined as a party to the appeal, shall have the right to be kept apprised of the status and outcome (with reasons) of the appeal, as well as the right to attend appeal hearings as an observer.
13.8.5 If the decision by the Appeal Panel is that an anti-doping rule violation has been committed, then: (a) the decision shall be publicly reported in full as soon as possible, and in any event no more than twenty (20) days of its issue; and (b) after the decision is publicly reported, the BCCI may also publish such other parts of the proceedings before the Appeal Panel as the BCCI thinks fit.
13.8.6 If the decision by the Appeal Panel is that an anti-doping rule violation has not been committed, then the decision shall not be published (save as set out in Article 14.2) and its confidentiality shall be strictly maintained by all parties.
13.9 Appeals to CAS
In all appeals to CAS pursuant to this Article 13:
13.9.1 CAS’s Code of Sports-related Arbitration shall apply, save as amended by this Article 13.9.
13.9.2 Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the parties to the decision being appealed, and the information shall be provided if CAS so directs.
13.9.3 Where required in order to do justice (for example to cure procedural errors at the first instance hearing), the appeals shall take the form of a re-hearing de novo of the issues raised by the case. In all other cases, however, such appeals shall not take the form of a de novo hearing but instead shall be limited to a consideration of whether the decision being appealed was erroneous.
13.9.4 Subject to Article 18.2, the governing law shall be Indian law and the appeal shall be conducted in English, unless the parties agree otherwise.
13.9.5 The decision of CAS shall be final and binding on all parties, and no right of appeal shall lie from the CAS decision.