What Do We Determine in the Initial Assessment?
When a disciplinary referral or a doping notification is received, the first need is to understand the allegation and the procedural calendar. The defense, the interim measure, access to evidence and the objection are handled separately. A doping finding and a final decision on a violation, and the establishment of a violation and the determination of the penalty, are not the same stage.
Disciplinary investigations and sports penalties
In sports disciplinary proceedings, the clear notification of the allegation, the right of defense, access to evidence, impartiality, reasons, proportionality and the time limit for application are of fundamental importance. A disciplinary file must be assessed not only on the incident report but on match reports, video footage, communication records, witness statements and the relevant provisions of the instruction.
The main processes followed:
- Procedures of the Professional Football Disciplinary Committee and the Amateur Football Disciplinary Committee
- Applications to the TFF Arbitration Committee
- Disciplinary and arbitration committees of sports federations
- Competition bans, deprivation of rights, playing without spectators, stadium closures and fines
- Suspension and cancellation of a license and eligibility decisions
- Allegations of ethics violations, unsporting conduct and breach of an instruction
- Objection to an interim measure and urgent application processes
- Disciplinary bodies of international federations and CAS appeal processes
Anti-doping and doping disputes
Although the strict liability principle is important in doping files, the procedure for sample collection and custody, laboratory documents, notification, the therapeutic use exemption, the degree of fault, proof of the source, results management and the proportionality of the sanction are separately reviewed.
Scope of services:
- Adverse analytical findings and results management processes
- Applications against provisional suspension decisions
- Reviewing the A and B samples, the sample collection record and laboratory documents
- Applications and disputes concerning the Therapeutic Use Exemption
- Athlete whereabouts information and failures in notification
- Assessing evidence on the source of a prohibited substance or method
- Dietary supplements, medication, contamination and the responsibility of support personnel
- Processes before the federation, the national anti-doping organization, the international federation and CAS
- Doping investigations conducted against athlete support personnel
Because the Prohibited List is updated every year, the classification of a substance or method must be checked against the list on the date of the incident and the doping regulation that applies.
Which Records Should Be Kept After a Doping Notification?
The notification and delivery record, the doping control form, information on the medication and supplements used and, if any, prescriptions and Therapeutic Use Exemption (TUE) documents should be kept. Packaging and batch information can contribute to the review of the source. A secure transfer method is determined so that health documents are not shared in the general application form.
In liability for the presence of a prohibited substance, intent is not in every case a condition of the violation; on the other hand, fault and other regulatory conditions can affect the sanction. Requests for the A/B sample and for laboratory review are conducted according to the procedure and time limit in the notification. Using a prescription medication does not by itself replace TUE approval. The Prohibited List on the date of the incident and the applicable anti-doping regulation are taken as the basis.
Do not focus only on the amount of the penalty in the defense
The basis of the allegation, access to the defense, the integrity of reports and footage, the applicable instruction, the reasons and proportionality are reviewed. Lifting an interim measure may require a separate request; it cannot be guaranteed that a decision will be made before the date of the competition.
Our Approach in This Area
We derive the defense calendar from the referral letter, the notification and the reports. In a doping file, we assess access to the sample, laboratory and treatment records; in a disciplinary file, the match evidence and the need for an interim measure.
As Güneş & Güneş Law Firm, from our Antalya office we plan files across Türkiye according to the conditions of jurisdiction and representation. Acceptance of the matter, fees and separate expenses, and the method of keeping you informed are determined in advance. For matters with a foreign element, communication is available in Turkish, English, German and Russian; the need for local representation in a foreign country is assessed separately.
Information Needed at the First Meeting
Prepare the sport, your capacity as a party, the contract and, if there is one, all pages of the decision. Mention the notification record and the date of the upcoming competition, transfer or defense in your first contact. File-specific documents, secure sharing and the method of representation are clarified at the meeting.