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ECB Anti-Doping Rules 2013 - Ecb - England and Wales Cricket ...

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13.2.1.2 the National <strong>Cricket</strong> Federation;<br />

13.2.1.3. the NADO;<br />

13.2.1.4 the National <strong>Anti</strong>-<strong>Doping</strong> Organisation(s) of the Person’s country of<br />

residence, country of nationality, <strong>and</strong> country where he/she is<br />

licensed to participate in sport (if different from the NADO);<br />

13.2.1.5 the ICC;<br />

13.2.1.6 any other <strong>Anti</strong>-<strong>Doping</strong> Organisation under whose rules a sanction<br />

could have been imposed for the anti-doping rule violation in<br />

question; <strong>and</strong><br />

13.2.1.7 WADA.<br />

In the absence of any such appeal, such decisions shall be final <strong>and</strong> binding<br />

on all of the above Persons.<br />

13.2.2 The only Person who may appeal a decision to impose a Provisional<br />

Suspension is the <strong>Cricket</strong>er or <strong>Cricket</strong>er Support Personnel affected by the<br />

Provisional Suspension.<br />

13.2.3 Subject to Article 13.6, an appeal pursuant to Articles 13.2.1 or 13.2.2 shall<br />

be made as follows:<br />

13.2.3.1 In a case arising from participation in an ICC Event or involving an<br />

International-Level <strong>Cricket</strong>er, the appeal shall be made to CAS,<br />

following the procedures set out in CAS’s Code of Sports-related<br />

Arbitration (as amended by Article 13.9 of the <strong>Rules</strong>), save that the<br />

st<strong>and</strong>ard of review shall be as follows:<br />

(a)<br />

(b)<br />

Where required in order to do justice (e.g., to cure<br />

procedural errors), the appeal shall take the form of a<br />

rehearing de novo, i.e., CAS shall hear the matter over<br />

again, from the beginning, without being bound in any<br />

way by the decision being appealed.<br />

In all other cases, the appeal shall not take the form of a<br />

de novo hearing. Instead the appellant shall be required<br />

to establish that the decision being appealed was made<br />

in error; <strong>and</strong><br />

13.2.3.2 In all other cases, the appeal shall be made to the Appeal Panel in<br />

accordance with Article 13.3, subject to the right of certain parties<br />

to make a further appeal to CAS, in accordance with Article 13.5.4.<br />

13.3 Filing an Appeal with the Appeal Panel<br />

13.3.1 A party who wishes to appeal a decision pursuant to Article 13.2.1 to an<br />

Appeal Panel must lodge notice of the appeal with the President of the <strong>Anti</strong>-<br />

<strong>Doping</strong> Panel (c/o the <strong>Anti</strong>-<strong>Doping</strong> Manager), specifying the grounds of the<br />

appeal, within fourteen (14) days of the date of receipt of the reasoned<br />

decision of the <strong>Anti</strong>-<strong>Doping</strong> Tribunal that is being challenged on appeal.<br />

13.3.2 An appellant who was not a party to the proceedings that led to the decision<br />

being appealed shall have the right to a copy of the record of the proceedings<br />

that led to the decision. If such request is made, then National <strong>Cricket</strong><br />

Federation shall supply the record to such party as soon as reasonably<br />

practicable.<br />

38<br />

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