REGULATION 21 appeal unless the appellate body orders otherwise. Before an appeal is commenced, the post-decision review procedure provided in Regulation 21.13.8 must be exhausted, provided that such review respects the principles set forth in Regulation 21.13.2.2 below (except as provided in Regulation 21.13.1.3). 21.13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. 21.13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS need not give deference to the discretion exercised by the body whose decision is being appealed. See Comment 43 21.13.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under Regulation 21.13 and no other party has appealed a final decision within World Rugby’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in World Rugby’s process. See Comment 44 21.13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Recognition of Decisions and Jurisdiction A decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an antidoping rule violation, or a decision that no anti-doping 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 by WADA not to grant an exception to the six months notice requirement for a retired Player to return to Competition under Regulation 21.5.7.1; a decision by WADA assigning results management under Regulation 21.7.1 of the Code; a decision by World Rugby not to bring forward an Adverse Analytical Finding or an Atypical Finding as an antidoping rule violation, or a decision not to go forward with an anti-doping rule violation after an investigation under Regulation 21.7.7; a decision to impose a Provisional Suspension as a result of a Provisional Hearing; a failure by World Rugby, the Union, Association or Tournament Organiser to comply with Regulation 21.7.9; a decision that World Rugby, the Union, Association or Tournament Organiser lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under Regulation 21.10.6.1; a decision under Regulation 21.10.12.3; and a decision by World Rugby, the Union, Association or Tournament Organiser not to recognise another Anti-Doping Organisation’s decision under Regulation 21.15, may be appealed exclusively as provided in Regulations 21.13.2 to 21.13.7. Last update: 14 January, 2015 376
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