ITF

49 APPENDIX APPENDIX APPENDIX APPENDIX D DD D GUIDELINES FOR APPEALS GUIDELINES FOR APPEALS GUIDELINES FOR APPEALS GUIDELINES FOR APPEALS The information below is intended to provide guidelines for appeals in respect to ITF competitions and decisions of ITF Committees. 1. 1. 1. 1. What can be appealed and to whom? What can be appealed and to whom? What can be appealed and to whom? What can be appealed and to whom? a) Appeals against decisions by executives acting in connection with the regulations governing all ITF competitions will initially be heard by the committee responsible for the competition. b) Appeals by Member Nations against the decision, appeal ruling or interpretation of a committee responsible for competitions, including the Davis Cup or Fed Cup Committees, shall be referred to the Board of Directors, whose decision shall be final and binding on all parties. 2. 2. 2. 2. Who hears appeals? Who hears appeals? Who hears appeals? Who hears appeals? a) Appeals will be heard by eligible members of the Committee responsible for that competition. Appeals to the Board of Directors will be heard by eligible members of the Board. b) Eligible members are those who are completely independent of the party or parties involved in the appeal. Members cannot participate if they have, or could be perceived as having, a direct or indirect interest in the outcome. They also cannot participate if they are nationals of any of the countries involved, or come from or represent the same country as the Appellant or Appellants, or if they are commercially involved with the Appellant. c) Ineligible members shall not participate in the appeal proceedings. Furthermore, ineligible members will not be permitted to be present or take part in the deliberations involving the issues for which they have been declared ineligible. However, ineligible members may be permitted to make representations on appeals, provided that opposing parties are also permitted to make representations in accordance with Section 3 below. 3. 3. 3. 3. Conduct of appeals. Conduct of appeals. Conduct of appeals. Conduct of appeals. a) All appeals at the Committee level shall only be in writing. Appeals to the Board of Directors shall be in writing unless the Appellant wishes to be heard in person. b) All appeals must be made in writing within one month of receipt by the Appellant of the decision from which they are appealing, in accordance with the notice provisions in Article 29 of this Constitution. The appeal papers shall comprise a statement of the reasons (with supporting evidence) and arguments why the decision was incorrect. If necessary, a written response from the original decision maker, and a further written response from the Appellant will be permitted. Any party directly affected by the appeal shall also be permitted to make submissions. Eligible members deciding the appeal will discuss the appeal and issue a decision which shall be final and binding on all parties subject to a final appeal, in appropriate circumstances to the Board of Directors.

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