The Jamaica Anti-Doping Commission (JADCO) takes this opportunity to state that JADCO, the Jamaica Anti-Doping Disciplinary Panel (JADDP) and the Jamaica Anti-Doping Appeals Tribunal (JADAT) are independent entities and the Commission does not have any legal authority to vary any penalty imposed, by the Disciplinary Panel or the Appeals Tribunal.
The Jamaica Anti-Doping Disciplinary Panel is responsible for determining sanctions handed down to athletes, or other persons, for committing Anti-Doping Rule Violations. The two major bodies with the power to overrule sanctions imposed by the Disciplinary Panel are the Jamaica Anti-Doping Appeals Tribunal (JADAT) and the Court of Arbitration for Sport (CAS).
Section 8.2.4 of the JADCO Anti-Doping Rules states:
“No final decision of, or Consequences of Anti-Doping Rule Violations imposed by the Jamaica Anti-Doping Disciplinary Panel shall be quashed, varied, or held invalid by any court, arbitrator, tribunal or other hearing body other than the Jamaica Anti-Doping Appeals Tribunal or CAS for any reason, including for reason of any defect, irregularity, omission or departure from the procedures set out in these Anti-Doping Rules, provided there has been no miscarriage of justice.”
Section 13.2.1 of the JADCO Anti-Doping Rules states:
“In cases arising from Competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to the CAS in accordance with the provisions applicable before such court.”
Section 13.2.2 of the JADCO Anti-Doping Rules states:
“In cases involving national-level Athletes, as defined by JADCO, that do not have a right to appeal under Article 13.2.1, the decision may be appealed to the Jamaica Anti-Doping Appeals Tribunal.”
Section 21 (1) of The Anti-Doping in Sport Act states:
“Subject to section 23, where any athlete or other person who is the subject of the decision being appealed, the Commission, the relevant international sporting federation, relevant national sporting organisation, the Jamaica Olympic Association or the World Anti-Doping Agency (WADA), is aggrieved by a decision of the Disciplinary Panel, that person or body may within fourteen days of the decision of the Disciplinary Panel and in the prescribed manner, lodge an appeal with the Appeals Tribunal established under section 22 against any decision of the Disciplinary Panel.”
Section 21 (2) of The Anti-Doping in Sport Act states:
“Every decision of the Disciplinary Panel in respect of an Anti-Doping Rule Violation shall remain in effect during the appeal process unless the Appeals Tribunal otherwise orders.”
Section 23 of The Anti-Doping in Sport Act states:
“Where an appeal is in respect of an international event or case involving an international-level athlete, the decision of the Disciplinary Panel may be appealed directly to the Court of Arbitration.”
JADCO is governed by the Anti-Doping in Sport Act of 2008, the JADCO Anti-Doping Rules and the World Anti-Doping Code, which is the fundamental and universal document upon which the World Anti-Doping Programme in sport is based.
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