Investigation Procedure

Where there is a strong suspicion of a violation of one of the four offences of the Ethics Statute of Swiss Sport, Swiss Sport Integrity launches an investigation procedure and compiles an investigation report for the Disciplinary Chamber for Swiss Sport (DC).

Investigation Procedure, Step-by-Step

Untersuchungsverfahren

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 and forwards the report to a responsible center or organization, if required.

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. Swiss Sport Integrity then compiles a final report detailing the results of its investigation. Swiss Sport Integrity submits the investigation report to the Disciplinary Chamber for evaluation, together with any requests for sanctions to be imposed or proceedings to be terminated.

5. The Disciplinary Chamber checks the final report and listens to the concerned parties.

6. The Disciplinary Chamber then decides on any disciplinary measures, as appropriate. It also checks any request from Swiss Sport Integrity for proceedings to be terminated. Swiss Sport Integrity can publish the decisions of the Disciplinary Chamber 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 Court of Arbitration for Sport (CAS) within 21 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.

Disciplinary Chamber for Swiss Sport (DC)

The DC initially assesses any ethics violations within the scope of applicability of the Ethics Statute. The Disciplinary Chamber consists of some 20 judges (lawyers and medical experts). They are selected by the Sports Parliament. The Disciplinary Chamber assembles a committee of three from its pool of members who handle the case. Swiss Sport Integrity appears before the Disciplinary Chamber 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.

International Court of Arbitration for Sport (CAS)

Appeals against the decisions of the DC may be lodged with the CAS in Lausanne. The right to appeal is retained by the sanctioned individuals, victims of established mistreatment, Swiss Sport Integrity, Swiss Olympic and the national sports federation responsible for the sport in question.

Sanctions

Validity

If individuals are banned following a violation of the Ethics Statute, they are prohibited from undertaking any activity, e.g. including as an official. This applies universally to all sports.

Sentence

Any violation of the Ethics Statute 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.