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ARTICLE 8 RIGHT TO A FAIR HEARING

8.1 Hearings arising out of IFS Testing or Tests at International Events

8.1.1 The IFS Executive shall appoint a standing panel consisting of a Chair and six other experts with experience in anti-doping ("IFS Doping Hearing Panel"). The Chair shall be a lawyer. Each panel member shall be otherwise independent of IFS. Each panel member shall serve a term of four years.

8.1.2 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Rules have been violated in connection with IFS Testing or Testing at an International Event then the case shall be assigned to the IFS Doping Hearing Panel for adjudication.

8.1.3 The Chair of the IFS Doping Hearing Panel shall appoint three members from the panel (which may include the Chair) to hear each case. At least one appointed member shall be a lawyer. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Athlete or other Person alleged to have violated these Anti-Doping Rules.

8.1.4 Hearings pursuant to this Article shall be completed expeditiously following the completion of the results management process described in Article 7. Hearings held in connection with Events may be conducted on an expedited basis.

8.1.5 The National Sumo Federation of the Athlete or other Person alleged to have violated these Anti-Doping Rules may attend the hearing as an observer.

8.1.6 IFS shall keep WADA fully apprised as to the status of pending cases and the result of all hearings.

8.1.7 An Athlete or other Person may forego a hearing by acknowledging the Anti-Doping Rule violation and accepting Consequences consistent with Articles 9 and 10 as proposed by IFS. The right to a hearing may be waived either expressly or by the Athlete’s or other Person’s failure to challenge IFS’s assertion that an anti-doping rule violation has occurred within three months. Where no hearing occurs, IFS shall submit to the persons described in Article 13.2.3 a reasoned decision explaining the action taken.

8.1.8 Decisions of the IFS Doping Hearing Panel may be appealed to Court of Arbitration for Sport as provided in Article 13.

8.2 Hearings Arising Out of National Testing

8.2.1 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Rules have been violated in connection with Testing other than in connection with IFS Testing or Testing at an International Event, the Athlete or other Person involved shall be brought before a disciplinary panel of the Athlete or other Person's National Sumo Federation for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed.

8.2.2 Hearings pursuant to this Article 8.2 shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Article 7. Hearings held in connection with Events may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, IFS may elect to bring the case directly before the IFS Doping Hearing Panel at the responsibility and at the expense of the National Sumo Federation.

8.2.3 National Sumo Federations shall keep IFS and WADA fully apprised as to the status of pending cases and the results of all hearings.

8.2.4 IFS and WADA shall have the right to attend hearings as an observer.

8.2.5 The Athlete or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and accepting Consequences consistent with Articles 9 and 10 as proposed by the National Sumo Federation. The right to a hearing may be waived either expressly or by the Athlete’s or other Person’s failure to challenge the National Sumo Federation’s assertion that an anti-doping rule violation has occurred within three months. Where no hearing occurs, the National Sumo Federation shall submit to the persons described in Article 13.2.3 a reasoned decision explaining the action taken.

8.2.6 Decisions by National Sumo Federations, whether as the result of a hearing or the Athlete or other Person's acceptance of Consequences, may be appealed as provided in Article 13.

8.2.7 Hearing decisions by the National Sumo Federation shall not be subject to further administrative review at the national level except as provided in Article 13 or required by applicable national law.

8.3 Principles for a Fair Hearing All hearings pursuant to either Article 8.1 or 8.2 shall respect the following principles:

• a timely hearing;

• fair and impartial hearing panel;

• the right to be represented by counsel at the Person's own expense;

• the right to be informed in a fair and timely manner of the asserted anti-doping rule violation;

• the right to respond to the asserted anti-doping rule violation and resulting Consequences;

• the right of each party to present evidence, including the right to call and question witnesses (subject to the hearing panel's discretion to accept testimony by telephone or written submission);

• the Person's right to an interpreter at the hearing, with the hearing panel to determine the identity, and responsibility for the cost of the interpreter; and

• a timely, written, reasoned decision, specifically including an explanation of the reason(s) for any period of Ineligibility.


ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

A violation of these Anti-Doping Rules in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting consequences, including forfeiture of any medals, points and prizes.

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