Disciplinary Proceedings

If there are substantiated suspicions that one of the eleven violations listed in the Doping Statute has been committed, Swiss Sport Integrity will conduct a result management proceeding or will submit an application to the Swiss Sports Tribunal for disciplinary proceedings to be opened.

Swiss Olympic Doping Statute

Results Management Proceedings Step by Step

Resultatmanagement
  1. The individual concerned is notified by Swiss Sport Integrity of a suspected violation of anti-doping rules. This notification is copied to their National Sports Federation, International Sports Federation and WADA. The individual should initially remain calm. In view of the complexity of the proceedings, it is nonetheless recommended that they seek legal counsel.
  2. If their sample has tested positive (Article 2.1 Doping Statute), the individual concerned has the right to demand that the B sample also be analyzed, to receive copies of the laboratory records, to voluntarily request a provisional suspension, to submit evidence and a statement. If the suspicions do not concern a positive sample, but a violation under Articles 2.2 to 2.11 of the Doping Statute, the individual concerned may voluntarily request a provisional suspension, submit evidence and a statement.
  3. If suspicions of doping cannot be disproved, Swiss Sport Integrity will – if the relevant requirements are met – issue a decision within the Results Management regarding the anti-doping rule violation.
  4. As soon as Swiss Sport Integrity has passed its decision, all parties will be informed. The parties will be notified of the date of publication. It is recommended that the individual concerned should confidentially inform the family, sponsors, and partner at this time.
  5. The individual has 21 days from the date the decision is issued by Swiss Sport Integrity in writing in which to appeal against it to the Swiss Sports Tribunal (from point 6 Disciplinary proceedings).

Regulatory Statutes for Results Management (German)

Disciplinary Proceedings Step by Step

Disziplinarverfahren
  1. The individual concerned is notified by Swiss Sport Integrity of a suspected violation of anti-doping rules. This notification is copied to their National Sports Federation. The individual should initially remain calm. In view of the complexity of the proceedings, it is nonetheless recommended that they seek legal counsel.
  2. If their sample has tested positive (Article 2.1 Doping Statute), the individual concerned has the right to demand that the B sample also be analyzed, to receive copies of the laboratory records, to voluntarily request a provisional suspension, to submit evidence and a statement.
    If the suspicions do not concern a positive sample, but a violation under Articles 2.2 to 2.11 of the Doping Statute, the individual concerned may voluntarily request a provisional suspension, submit evidence and a statement.
  3. If suspicions of doping cannot be disproved, Swiss Sport Integrity will submit an application for disciplinary proceedings. The individual will be notified by the Swiss Sports Tribunal of the opening of disciplinary proceedings, as well as of any provisional suspension. The individual concerned is given the opportunity to submit a further statement, in addition to evidence. The National Sports Federation is a party to the proceedings.
  4. The Swiss Sports Tribunal will give the individual concerned a date for an oral hearing, during which the individual will be questioned and given the opportunity to put their case.
  5. The decision by the Swiss Sports Tribunal will be reasoned in writing to the parties subsequently.
  6. As soon as the Swiss Sports Tribunal has passed its decision, it will be published. The parties will be notified of the date of publication. It is recommended that the individual concerned should confidentially inform the family, sponsors, and partner at this time.
  7. The individual has 21 days from the date the decision is issued in writing in which to appeal against it to the CAS.

The parties shall be granted legal deadlines for the exercise of their rights as parties and may extend them with written justification.

Swiss Sports Tribunal

The Swiss Sports Tribunal rules as an instance of appeal or first instance on doping cases which fall under the jurisdiction of the Doping Statute. The Swiss Sports Tribunal consists of about 20 judges, who are lawyers and medical experts. They are elected directly by the Swiss Sports Tribunal Foundation Board. The Swiss Sports Tribunal selects a three-person committee from the pool of its members to handle the case. Swiss Sport Integrity appears before the Swiss Sports Tribunal in the role of complainant. As part of the proceedings, respondents are given a hearing, are able to put forward their case, and may be represented by legal counsel. The National Sports Federations concerned are entitled to exercise party rights in these proceedings.

Court of Arbitration for Sport (CAS)

Appeals against the decisions of the Swiss Sports Tribunal may be lodged with the CAS in Lausanne. The convicted athletes themselves, Swiss Sport Integrity, the national and International Sports Federations concerned, and WADA, all have the right to appeal.

Sanctions

Validity

If an individual is suspended owing to anti-doping rule violations, they are prohibited from participating in sport in any capacity. This includes acting as a coach or officer. It applies universally to all types of sport and all countries which are subject to the Doping Statute or to the World Anti-Doping Code.

Level of Penalties

The standard penalty for a deliberate violation is a four-year suspension , although a standard two-year suspension applies in the case of specific substances and methods. In serious cases, as well as repeat offenses, the individual concerned may receive a lifetime suspension. The rules allow for less severe sanctions in individual cases (the minimum being a warning), if the accused athlete can prove “no significant fault”.

If a rule violation is committed with substances of abuse (such as cannabis or cocaine) where the use occurred out-of-competition and not for the purpose of improving performance, a milder sanction may be imposed. A milder sanction may also be imposed on vulnerable person (a minor or not capable of exercising judgement) or recreational athletes (amateurs).