If a sanction decision is made at the end of a results management process, the sanction can be accepted or the disciplinary process can be requested. If the sanction is accepted, NADA Germany itself issues a decision in accordance with Article 7 SfED (International Standard for Results Management). If the athlete applies for the disciplinary proceedings to be carried out, NADA Germany submits an arbitration claim to the German Sports Arbitration Court.
The disciplinary body notifies the accused athlete about the initiation of proceedings. The athlete can be defended by a representative, in particular a lawyer, and can provide evidence to exonerate him or her.
The disciplinary proceedings are either carried out as a written procedure or there is an additional oral hearing. Legal aid can be applied for under certain circumstances in proceedings that are conducted before the German Court of Arbitration for Sport at the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit).
The German Court of Arbitration for Sport
The German Court of Arbitration for Sport is a private and independent dispute resolution institution of central importance for organized sport in Germany. Since January 1, 2008, it has been located at the German Institution of Arbitration e.V. (DIS) and is the result of a joint initiative of NADA Germany and DIS. The German Court of Arbitration for Sport acts independently of sports federations and clubs, athletes, NADA or other sports organizations and players.
The DIS Sports Arbitration Rules
The DIS Sports Arbitration Rules (DIS-SportSchO) are rules of procedure specifically drawn up for the settlement of disputes relating to sports. It forms the procedural basis of sports arbitration proceedings before the German Court of Arbitration for Sport.