Review of FEI Legal System 1
Introduction • What t is th the FEI L Legal gal S System ? – Chapter VIII, FEI General Regulations • The legal pow owers and nd responsib sibili ilitie ies of of Offic icials als and other appointed bodies ; • A scale of penalties; • A procedure for lodging Pr Prot otests, & Appea eals • General Principles 2
Introduction • Why r y review t w the he FE FEI L I Legal System? – “If it is not broken, don’t fix it!” • Current system – detailed & comprehensive but…. – can be complex & confusing for stakeholders • Two Types o s of Ch Changes p pla lanned: – 1. Changes in Layout out/F /For orma mat More logical order, grouping topics • – 2. Subs Substant ntive C e Cha hanges nges • New concepts, revision/removal of current rules 3
Review of Legal System: Objectives • User r fr frien endly s system em • Cle Clear • Co Cost st E Effective • Effi fficien ent • Have deci cisions ons t taken b n by y th the appr appropr priate bo body dy 4
On-site Legal Processes
Proposal: On-site v Off-site Legal Processes On On Site te matters Off ff Site te matte ters Ground und J Jur ury FEI EI HQ, F FEI EI Tribuna bunal, C CAS S - All protests, challenges - Disciplinary Cases, Appeals 6
On-site Legal Processes • All Protests filed on site with Ground Jury only. • Final Decision – Ground Jury √ - Prot otes est X – No No Prot otes est Eligibility of Horse/Athlete, Conditions Field of Play: Factual of Arena (pre-Competition ) Observations (marks for performance, obstacle knocked) ELM/DSQ Horse– Veterinary Obstacle, plan/length of course (pre- Competition) Irregularity, Incident during ELM/DSQ Athlete - Medical Competition, Results Yellow Warning Card Procedures in application or implementation of a rule 7
Future of Appeal Committee
Future of the Appeal Committee • 1 – 3 Members • Current Duties/Jurisdiction – Passport Irregularities – Matters beyond Ground Jury competence – Appeals against Ground Jury Decisions – But……no appeal against: • Field of Play decisions • Elimination/Disqualification - Veterinary/Medical grounds • Yellow Warning Card • Elimination/Disqualification 9
Current: Mandatory Appeal Committee Olympic Games, Continental Championships, World Ju Jump mping Championships Olympic Games, FEI World Cup Finals, FEI World Cup League Dressa sage ge Finals, FEI Championships, Regional Championships Championships and Games Even enti ting FEI Championships Dr Drivin iving CRIO4* and Championships (World & Continental) Rein inin ing World Championships, CEIO’s Regional Games, End ndur uranc nce Continental Championships, CEI 4* CPEDI 4* upwards Par ara Dr a Dressag age FEI Championships Vau ault ltin ing 10
Appeal Committee @ Major FEI Events 11
Proposal: Removal of Appeal Committee • Passport Irregularity function – transferred to Ground Jury • Ground Jury - authority to deal with all on site issues • No change to what decisions can be challenged • Possibility to appeal after the Event to the FEI Tribunal • In practice, decisions of the Appeal Committee are often appealed to the FEI Tribunal anyway. 12
Proposal: Removal of Appeal Committee PRO PROs CONs CO Clarifies processes • Tradition • – All onsite matters dealt with • No onsite appeal of by Ground Jury Ground Jury decisions – Clarity on jurisdiction arising from a Protest – No question of “Should I file – (Note: appeal to FEI Tribunal, a protest or an appeal?” CAS still possible. Olympic Games – FEI Tribunal are on-site) Cost saving for OCs: • – No accommodation, travel, per diem costs for AC members 13
Panel Discussion: Protests & Future of Appeal Committee
Disciplinary Offences by Athlete Entourage
Yellow Warning Card – Athlete Entourgage • Parents, Coaches, Entourage can be disruptive at FEI Events, incorrect behaviour towards FEI Officials – Usually not FEI registered – How can the FEI impose sanctions to punish and deter? 16
Use of Video Evidence
Video Evidence: Current Rule • Offic icia ial v l vid ideo-re record rdings (recording made by a broadcast network or a video company hired by the OC) are permit rmitted to assist FEI Officials in carrying out their responsibilities under FEI rules. • To change the outcome of any Competition – video must contain irr irrefutable le e evid idence that original ruling/decision was wrong • Pr Prot otests: Official video only 18
Video Evidence • Discipline specific rules: • Jumping: – A video recording may never be used to establish the time of an Athlete’s round – With reference to the water jump the decision of the water jump judge is final • Dressage – Use of Video by JSP 19
Video Evidence • Current Video Evidence rule in place since 2012 – A lot has changed since then…… V – Do w o we need e need to upda o update the rules on video evidence to reflect modern technology? – Allow use of footage recorded on sma mart phones phones? 20
Panel Discussion: Use of Video, Yellow Warning Card – Athlete Entourage
Sanctions
Sanctions • Current sanctioning system lists offence and then gives a wide range of sanctions • Difficult for FEI Officials, FEI Tribunal to know what is the appropriate sanction for the offence in question • Acts defined as criminal by the relevant national law, fraud of any kind, and violence a fine of CHF 1 CHF 1,000.- to 1 15,0 ,000. 0.- and/or a Suspension of a minimum of one (1 (1) ) month u up to l life 23
Sanctions: Proposal • Ca Catalo logue (list) of Offences and Guid idance for San r Sanctio ions s based on on s seriou ousness of off of offence • In practice, when opening a disciplinary case, FEI would inform accused person if FEI considers the particular offence to be “ low ow-end ” or “ mid mid-ra range ” or “ to top-end ” or “ ma max ” and why • Accused person/their lawyer can make their own submission on how serious the offence is • Aim: im: more con onsistent and pred edict ctable sanctions for all parties involved. Create reliable precedent d decision ons 24
Draft Extract: Table of Sanctions • Abuse se of Ho Horse rses s in any form (rapping, abnormal sensitisation or desensitisation of limbs, banned schooling methods etc.) may entail a fin ine of u up t to CHF 1 CHF 15, 5,000.- and/or a Su Susp spensio sion of a min minimu imum m of t three ( (3) mo months s up t to lif life” 25
Draft Extract: Table of Sanctions • In Incorrect ct beha havio iour ur towards (a) Event Officials or any other party connected with the Event (other Athlete, journalist, public etc.) and/or (b) Doping Control Officers, Testing Veterinarian, Chaperones and/or any other person involved in the collection of a doping control sample may entail a fine ine of C CHF 2 F 200.- to 1 10,000 000.- and/or a Sus uspens nsio ion n of a a mi minimu mum m of th three ( (3) mo month ths s up p to a a ma maximu mum m of tw twelve ( (12 12) mo month ths 26
Administrative Disciplinary Process
Administrative Disciplinary Process • Confirm in FEI General Regulations – FE FEI HQ HQ can impose sa sanctio ions d s dir irectly ly for le less s se serio rious o s offences • Why? – FEI Tribunal proceedings can take a number of months before a final decision is issued • Exchange of long written submissions even in minor cases – Sometimes an immediate decision is necessary – Allows the FEI to be more responsive when a rule breach occurs – FEI Tribunal focuses on more serious cases 28
Administrative Disciplinary Process • FE FEI HQ HQ t to h have rig right t to imp impose follo llowin ing san sanctio ions: s: – Formal Warni nings ngs – Fines nes up to CH CHF2,000 – Sus Suspens pensions ons up to 3 3 mont months hs – Provis isio ional Sus Suspens pensions ons – Demot emotion on of Of Offic icia ials ls (in consultation with Director of Officials & relevant Discipline Director) • Full Right to be Heard • Full Right of Appeal to FEI Tribunal (and ultimately CAS) • Publication of all suspensions imposed by HQ 29
Administrative Disciplinary Process FEI Tribunal Disciplinary 1. 1. A Alleged eged Case Serious Offenc ence e 2. FEI H 2. F HQ Ass ssess ss Repor eported t ed to o Serio ious usne ness Minor FEI HQ HQ 3. FE FEI HQ HQ Adminis inistrativ ive Dis iscip iplina linary 6. FEI EI H HQ Q Cas ase e Decis isio ion 5. Rig Right ht to be Hear eard Writ itten &/or O Oral al 7. Right to 4. N 4. Noti tifica cati tion Subm bmis issio ion Appeal 30
Start Date of Suspensions
Start Date of Suspensions • General Prin rincip iple le: A suspension sta tarts ts on the date of of notif ific icatio ion of the suspension – Some exceptions: EADCMRS, ADRHA – suspension can be backdated to sample collection Punis unish w h wrong ngdoing ing • Reasons for imposing a suspension & Det eterr erren ent Effe fect • However, some disciplines have an “off off-season on” depending on regional, seasonal factors – Eventing, Endurance 32
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