Can Armstrong appeal to CAS?

[Ninety5rpm]

Now that UCI has announced their decision to not appeal to CAS, isn't it still possible for Armstrong to appeal? I've seen varying opinions on this topic in numerous threads - so thought it should be addressed in one place.

Here are some relevant sections of the WADA Code.


Section 13.1:

13.1 Decisions Subject to Appeal Decisions made under the Code or rules adopted pursuant to the Code may be appealed as set forth
below in Articles 13.2 through 13.4 or as otherwise provided in the Code. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review provided in the Anti-Doping Organization's rules must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided in Article 13.1.1).

Note the underlined statement. Is Armstrong's decision to waive his right to a hearing mean he did not exhaust "any post-decision review provided in the Anti-Doping Organization's rules", and thus cannot commence appeal?

Note also 13.1.1, which exempts WADA from having "exhaust other remedies":

Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the Anti-Doping
Organization’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the Anti-Doping Organization process.

However, there is 13.2:

A decision that an anti-doping rule violation was committed, a decision imposing Consequences for an anti-doping rule violation, or a decision that no antidoping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision under Article 10.10.2 (Violation of the Prohibition of Participation during Ineligibility); a decision that an Anti-Doping Organization lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision by an Anti-Doping Organization not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision
not to go forward with an anti-doping rule violation after an investigation under Article 7.4; and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or in violation of Article 7.5, may be appealed exclusively as provided in this Article 13.2.

But 13.2.3 seems to make it clear that the Athlete has a right to appeal to CAS:

13.2.3 Persons Entitled to Appeal
In cases under Article 13.2.1 [Appeals Involving International-Level Athletes], the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) the National
Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the
International Olympic Committee or International Paralympic Committee, as
applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.

 

[ebandit]

even if he could

it does seem that lance's decision is made..............he is done

no appeal even if possible

 

[Bosco10]

no contest = no appeal

 

[TheEnoculator]

How the heck could Armstrong appeal when he didn't even fight the USADA charges to begin with? This thread is pointless.

 

[86TDFWinner]

How the heck could Armstrong appeal when he didn't even fight the USADA charges to begin with? This thread is pointless.

LOL, exactly! PLUS, he said he respected the UCI's opinion, so he cant appeal something, he wanted done anyways(for UCI to rule on him). Now that he doesn't like the outcome, he cant sue.

 

[webvan]

He could appeal...and CAS would dismiss ASAP because he declined to go to arbitration.

 

[Ninety5rpm]

He could appeal...and CAS would dismiss ASAP because he declined to go to arbitration.

So waiving your rights to an arbitration hearing is also waiving your rights to appealing the decision to CAS?

 

[D-Queued]

So waiving your rights to an arbitration hearing is also waiving your rights to appealing the decision to CAS?

How do you plead?

By not contesting the charge, he pleaded Nolo Contendre = Guilty, and accepted the verdict.

So, yes, he waived his rights to appeal to CAS.

Thus, the sections that you have outlined in your OP should arguably be reversed: Who can appeal, and under what conditions?

WADA has the right to appeal after everyone else is done.

Dave.

 

[86TDFWinner]

So waiving your rights to an arbitration hearing is also waiving your rights to appealing the decision to CAS?

Wonder****** DID say he didn't take USADA's decision to ban/strip serious anyways, and was waiting on UCI's decision, as he respected them(or some stupid BS he slung at it).

So no, he can't "appeal"(well he can) something he didn't have issues with beforehand. In other words, you cant "appeal" because you didn't like the outcome/decision, it doesn't work that way.

 

[skimazk]

the decision by USADA meant nothing until UCI accepted it. Now that the governing body has made a decision LA has a right to appeal just like any other athlete.

and why wouldn't he, he only stands to gain from a CAS appeal. The UCI decision gives him all the ammo he needs to blow a decent procedural hole or two into the USADA/UCI case against him.

If UCI's interpretation of the WADA code regarding the statutes of limitations is upheld by CAS he will either keep all his victories (and prizemoney) that are 8+ years old or worst case scenario the entire case gets tossed out by CAS and he walks clean.

just because he's LA doesn't mean he is not entitled to a CAS hearing.

 

[webvan]

This is completely wrong, the USADA decision stood on its own once he declined to contest it, regardless of the UCI's position (remember the whole jurisdiction question ?), his only chance for his case to go to CAS was if the UCI had appealed and they didn't, game over.

 

[TheEnoculator]

So waiving your rights to an arbitration hearing is also waiving your rights to appealing the decision to CAS?

You seem to have missed the point here. The common logic is you appeal when you don't agree with a decision. And you don't agree with it because you feel something different should be handed down to you. Well, what should have been different then? Something you would have presented in your case! Armstrong never presented anything because he never fought, so he can't disagree with the decision.

Armstrong would have to be stupider than Homer Simpson to appeal it.

 

[veganrob]

I think Lance will do nothing. He will say nothing and go about his life like nothing ever happened. He will just refuse to acknowledge anything. If asked he will say he doesn't know what we are talking about. Later, he will have us refer to him as Saint Lance.
I can see it now. Shrine of the Yellow Rose.

 

[Ninety5rpm]

I still don't get it.

Article 8 covers the right to a fair hearing. But 8.3 says hearings may be waived.

8.3 Waiver of Hearing
The right to a hearing may be waived either expressly
or by the Athlete’s or other Person’s failure to
challenge an Anti-Doping Organization’s assertion
that an anti-doping rule violation has occurred within
the specific time period provided in the Anti-Doping
Organization’s rules. Where no hearing occurs, the
Anti-Doping Organization with results management
responsibility shall submit to the Persons described
in Article 13.2.3 a reasoned decision explaining the
action taken.

Of course, that's what happened in this case, and "the Anti-Doping Organization with results management responsibility" (the USADA) submitted "to the Persons described in Article 13.2.3 [in this case: The Athlete Armstrong, and the UCI], a reasoned decision explaining the action taken."

What in WADA prohibits a 8.3 "reasoned decision" from being appealed to CAS by the Athlete, per 13.2.3 (quoted in the OP)?

 

[webvan]

It's been a said a few times before but by waiving his rights to a hearing -> he pleaded guilty, he can't appeal his decision to plead guilty to CAS can he?

On the other hand if there had been a hearing and he'd been found guilty that he could have appealed to CAS.

The underlying logic is that he had more to loose (think perjury and lawyers fees) by going ahead with a hearing and he knew what the decision would be and what CAS would think of it if he appealed it so he chose to plead guilty.

 

[Ninety5rpm]

It's been a said a few times before but by waiving his rights to a hearing -> he pleaded guilty, he can't appeal his decision to plead guilty to CAS can he?

On the other hand if there had been a hearing and he'd been found guilty that he could have appealed to CAS.

The underlying logic is that he had more to loose (think perjury and lawyers fees) by going ahead with a hearing and he knew what the decision would be and what CAS would think of it if he appealed it so he chose to plead guilty.

I don't see anything in the WADA Code that supports the notion that waiving one's right to a hearing is equivalent to pleading guilty. But I might have missed something, hence this thread.

Even when an Athlete waives that right, the ADA involved still needs to explain its decision in the so-called "reasoned decision". If the Athlete can't appeal that, why bother with it at all?

 

[reginagold]

"Before an appeal is commenced, any post-decision review provided in the Anti-Doping Organization's rules must be exhausted,"

Seems quite clear. No appeal if you didn't bother to try at the lower levels of the process. This is a very common procedural reality in legal codes around the globe.

 

[babastooey]

The better question for me is, why would he want to appeal to CAS?

 

[D-Queued]

The better question for me is, why would he want to appeal to CAS?

To grandstand some more.

He could show up, make another dumbass speech, claim it is another witch trial, and exit stage left before it gets started.

Yes, that is a really stupid idea.

But

He did it once already.

Dave.

 

[blackcat]

To grandstand some more.

He could show up, make another dumbass speech, claim it is another witch trial, and exit stage left before it gets started.

Yes, that is a really stupid idea.

But

He did it once already.

Dave.

on Sean Penn. This guy said he remembers taking off at Pipeline wave, when he was surfing, as either a 12 yo or 14yo. I cant remember. He said it was very scary looking at the reef below the wave.

See, with his age, and finding his birthdate on wikipedia, I reverse engineered when he would have riden Pipeline. At the time, the designer of the three finned surfboard, Anderson I think it was, had just brought it out. I find it nigh impossible that a 12 or 14yo Penn makes the drop at Pipeline circa 1980 or late 70's. The guy has a fluid handle on the truth.

Armstrongs friends. Give em time. Be rats on the titanic soon.

No more shirts off jogging homoerotic style bro frendz with Mconnaughey in Malibu.

 

[dadane]

WADA’s mandate under the Code is to now decide whether to exercise its independent right of appeal, which it will do after its 21-day appeal period commences on Oct. 31, the appeal expiry date for other parties in this case.

This comment was made in response to the UCI closing the door on them making any kind of appeal. So who are the other parties: Armstrong, Pelota and Gunderson? Why would Fahey have made this point if an appeal was impossible.

 

[babastooey]

To grandstand some more.

He could show up, make another dumbass speech, claim it is another witch trial, and exit stage left before it gets started.

Yes, that is a really stupid idea.

But

He did it once already.

Dave.

Lance's case is that USADA doesn't have jurisdiction, so he didn't participate in the process. Does he feel the same way about CAS? I guess you would have to ask him, but I assume that he feels the same way about that too. Participation for him would mean recognizing their authority, which I don't think he wants to do.

I'm not saying he is right, I'm just thinking it would be inconsistent.

 

[Love the Scenery]

In criminal law, people who have pleaded guilty can appeal in certain narrow cases:

If you were forced to plead guilty or you didn't know what you were doing;
If the court did not have jurisdiction over your case;
If the sentence was illegal or improper;
If your lawyer was incompetent or ineffective in representing you.

However people who have pleaded guilty waive right to contest convictions on evidentiary grounds.

I don't know to what extent this could apply to this case. The UCI seemed to hint that the jurisdiction issue was appealable, as was the sentence insofar as it stripped him of results past the normal SOL.

 

[skimazk]

We will see what happens regarding to CAS within 8 days according to the WADA.

From the WADA statement on the LA Case:

WADA’s mandate under the Code is to now decide whether to exercise its independent right of appeal, which it will do after its 21-day appeal period commences on Oct. 31, the appeal expiry date for other parties in this case.

So there are other parties than WADA that can appeal to cas (Armstrong etc), and they have until Oct. 31 to do so. After that WADA has an additional 21 days to appeal.
So either everything will be over in 30 days because noone appealed, or 1 of the parties goes to CAS which automaticly suspends the decision by USADA/UCI.

An appeal at CAS will automaticly have a big influence on cases like SCA as their case depends on armstrong being declared guilty. And he is not formally guilty until the CAS appeal is settled.

 

[webvan]

Ah so you've changed your tune, now, good, so you were just talking through your hat previously it seems? So now tell us who on earth could be appealing by October 31st ? Also give us a reason for WADA to appeal ? Again, it's game over and even Dopestrong knows it as he has removed the counterfeit "7 TDF winner" line on his twitter account.