1.) The affected individual submits a report to Swiss Sport Integrity about a suspected violation of the ethics provisions. Swiss Sport Integrity listens to the individual making the report, provides information on the options for how to proceed including investigation procedures. It may recommend an appropriate advice center which can provide more extensive assistance.
2.) Swiss Sport Integrity checks who is responsible for investigating the reported allegation. If the responsibility lies with another office or organization, the person making a report will be informed and guided to the correct jurisdiction.
3.) If the case presented is within the competence of Swiss Sport Integrity, an investigation procedure is launched to analyze the suspected ethics violation or abuse in question.
4. a) Swiss Sport Integrity may close the investigation proceedings or conclude them by means of ordered measures. A challenge is possible before the Swiss Sports Tribunal.
4. b) Swiss Sport Integrity then compiles a final report detailing the results of its investigation. Swiss Sport Integrity submits the investigation report to the Swiss Sports Tribunal for evaluation, together with any requests for sanctions to be imposed.
5. The Sports Tribunal examines the challenge or the final report and listens to the concerned parties.
6. The Sports Tribunal then decides on any disciplinary measures, as appropriate. Swiss Sport Integrity can publish the decisions of the Sports Tribunal as soon as they have come into force and where publication is in the public interest.
7. The concerned individual can lodge an appeal with the Swiss Federal Tribunal within 30 days of written notification of the decision.
The parties shall be granted legal deadlines for the exercise of their rights as parties and may extend them with written justification. Steps towards an amicable solution are possible at any stage of the proceedings.
Swiss Sports Tribunal
The Sports Tribunal initially assesses any ethics violations within the scope of applicability of the Statutes on Ethics. The Sports Tribunal consists of some 40 judges (lawyers and medical experts). They are selected by the Swiss Sports Tribunal Foundation Board. The arbitration tribunal shall consist of a sole arbitrator. If the director deems it necessary, he or she may appoint three arbitrators. Swiss Sport Integrity appears before the Sports Tribunal as the claimant. The case of the accused is heard as part of the legal proceedings. The individuals concerned can present their arguments and have legal representation. If a party does not have the necessary means, it is possible to apply for legal aid free of charge. The arbitration award is final on the merits; in the event of procedural errors, an appeal can be lodged with the Federal Supreme Court in accordance with Art. 389 of the Swiss Code of Civil Procedure.
Swiss Federal Tribunal
Only procedural errors can be challenged before the Swiss Federal Tribunal, for example the composition or jurisdiction of the arbitration tribunal or the violation of the principle of the right to be heard. All parties involved have the right to appeal to the Swiss Federal Tribunal. In principle, the Swiss Federal Tribunal rules as the court of last instance, but an appeal to the European Court of Human Rights (ECHR) is possible in the event of a violation of the ECHR.
Sanctions
Validity
If individuals are banned following a violation of the Statutes on Ethics, they are prohibited from undertaking any activity, e.g. including as an official. This applies universally to all sports.
Sentence
Any violation of the Statutes on Ethics may result in sanctions in the form of one or more disciplinary measures. These sanctions can range from a warning or monetary fine to a ban or expulsion. In serious cases or repeat offences, a lifetime ban suspension be imposed on an individual.
In addition to these consequences in private law, certain offenses may also have criminal law repercussions. This means that the law enforcement authorities investigate and sentences are passed by the State courts. The sentence can range from a fine to a custodial sentence.
