Aquatic Sports

Literature

Brühlmann Jessica/Schnydrig Hanjo, Antidoping (materiellrechtlich), in: Schneuwly Anne Mirjam/Strub Yael Nadja/Koller Trunz Mirjam (Hrsg.), Sportverbandskommentar; Cortada Emanuel, Court of Arbitration for Sport (CAS), in: Schneuwly Anne Mirjam/Strub Yael Nadja/Koller Trunz Mirjam (Hrsg.), Sportverbandskommentar; Haas Ulrich, Sportverbandsstruktur, in: Schneuwly Anne Mirjam/Strub Yael Nadja/Koller Trunz Mirjam (Hrsg.), Sportverbandskommentar; Hügi Thomas, Sportrecht, Bern 2015; Humber Claude/Schneuwly Anne Mirjam, Gesellschaftsformen im Sportorganisationsrecht, in: Schneuwly Anne Mirjam/Strub Yael Nadja/Koller Trunz Mirjam (Hrsg.), Sportverbandskommentar; Jakob Dominique, in: Büchler Andrea/Jakob Dominique (Hrsg.), KUKO Kurzkommentar ZGB, Schweizerisches Zivilgesetzbuch, 2. Aufl., Basel 2018; Riemer Hans Michael, in: BK – Berner Kommentar Band/Nr. I/3/2, Die Vereine, Systematischer Teil und Kommentar zu Art. 60–79 , 3. Aufl., Bern 1990; Scherrer Urs/Brägger Rafael, in: Geiser Thomas/Fountoulakis Christiana (Hrsg.), Basler Kommentar Zivilgesetzbuch I, 7. Aufl., Basel 2022.

I. General Information on Aquatic Sports

Aquatic Sports are not only Olympic disciplines. Aquatic Sports are part of the society of the youngest age. Aquatic Sports is more than one sport and consists of the following disciplines:

1. Swimming: Swimming involves using various strokes (freestyle, backstroke, breaststroke or butterfly) to cover a specific distance in the shortest time possible. Swimmers compete in various events ranging from short sprints to longer distances.
2. Open Water Swimming: Open water swimming takes place in natural bodies of water such as lakes, rivers, and oceans. Competitions can range from relatively short distances to marathon distances of 10 kilometres or more. Swimmers face challenges like changing currents, water temperature variations, and weather conditions.
3. Diving: Diving involves performing acrobatic movements while jumping into a pool from a platform or springboard. Divers are judged on the execution, degree of difficulty, and artistic presentation of their dives. Events can include both individual and synchronized diving.
4. High Diving: High diving involves athletes leaping from elevated platforms or structures, such as cliffs, towers, or specially constructed platforms, at varying heights. These heights can vary depending on the competition and location. Athletes execute intricate aerial movements and manoeuvres.
5. Water Polo: Water polo is a team sport played in a pool, combining elements of soccer and basketball. Teams of six players (plus a goalkeeper) compete to score goals by throwing a ball into the opposing team's net. Players must swim and tread water while passing and shooting the ball.
6. Artistic Swimming: Artistic swimming combines dance, gymnastics, and swimming. Athletes perform choreographed routines in the water, often accompanied by music. Teams or individuals execute precise movements, including lifts, spins, and formations, while maintaining synchronization and artistry.

Scuba diving and apnea diving, i.e. free diving, are not part of Aquatic Sports, even though there are clubs and competitions. These competitions are organised by the World Underwater Federation.

II. World Aquatics

A. History and objective

World Aquatics – formerly known as the Fédération Internationale de Natation (FINA) – was founded in London on 19 July 1908. It is the sole and exclusive world governing body for all Aquatic sports.

Art. 3 World Aquatics Constitution features a «Commitment Statement», according to which World Aquatics shall ensure that all Aquatics sports are governed, organised, developed and managed in accordance with the principles of democracy, right to equality, and no discrimination between any race, skin colour, gender, religion, sexual orientation, language, political or other opinion, national or social origin, property, birth, disability or any other reason, neutrality, transparency, accountability, fair play, inclusion, sportsmanship and clean sport. This Commitment Statement highlights World Aquatics’ intention to create the best environment for the development of aquatics sports and introduces its zero tolerance policy against any act of discrimination.

The more precise list of statutory objectives of World Aquatics is stipulated at art. 4 World Aquatics Constitution. The regulatory framework of World Aquatics comprises the following rules and regulations:

• Constitution
• By-Laws
• Competitions Regulations
• Integrity Code

B. Organisation under World Aquatics

1. Requirement for membership

The so-called «Ein-Platz-Prinzip» (see also Haas) is enshrined at art. 5.2 World Aquatics Constitution, which stipulates that «[o]nly one National Body shall be recognised as a Member in each Country ». World Aquatics comprises 209 National Member Federations, distributed on the five continents. They all govern the sports of Swimming, Open Water Swimming, Diving, High Diving, Water Polo, Artistic Swimming. These disciplines are governed by World Aquatics (art. 5.1 World Aquatics Constitution).

The rights of the Member Federations are stipulated at art. 6 World Aquatics Constitution. As per its art. 6.3, any of the membership rights are subject to «applicable limitations or disciplinary decisions». This has been confirmed by the Court of Arbitration for Sports («CAS»).

The obligations of World Aquatics members are listed at art. 7 World Aquatics Constitution. Among others, they must fully comply at all times with the World Aquatics Constitution and the World Aquatics Rules, the decisions and directives of the World Aquatics Bodies, as well as the decisions of CAS (art. 7 lit. b and Art. 2.3 World Aquatics Competition Regulations). They are solely responsible for knowing what their obligations are under the World Aquatics Rules (art. 2.7 World Aquatics Competition Regulations).

The World Aquatics Constitution specifically provides that recourse to ordinary state courts against World Aquatics decisions is prohibited (art. 31.5 World Aquatics Constitution).

Aquatics stakeholders have the right to be duly informed of any changes to the World Aquatics rules (art. 1.7 World Aquatics Competition Regulations). Moreover, the Member Federations have a right to vote on any changes to the World Aquatics Constitution (art. 6.1 World Aquatics Constitution). The World Aquatics Bureau is competent to approve changes to all other rules (art. 17.1 and 35 World Aquatics Constitution).

When involved in internal disputes, athletes, Member Federations and other Aquatics stakeholders have the right to due process, including the right to a fair hearing within a reasonable time by an independent and impartial panel with a right to appeal to the Court of Arbitration for Sport (art. 1.5 World Aquatics Competition Regulations).

2. The World Aquatics Bureau

Since 1986, World Aquatics has its headquarters in Lausanne, Switzerland, (art. 2.2 World Aquatics Constitution) and alike many other international sport federations, it is a Swiss-based association governed by art. 60 et seq. Swiss Civil Code. The headquarters may be changed by decision of the Congress at the proposal of the Bureau. On 25 May 2023, during the World Aquatics General Congress 2023, a decision was made to relocate the headquarters to Budapest. This move aims to achieve substantial cost savings and strategically position the headquarters at the heart of the athlete community. Budapest has hosted 25 World Aquatics events since 2013 and established the «Stipendium Hungaricum Scholarship Programme». The program supports up to 20 top international student-athletes, providing them with access to university education alongside world-class training support.

The World Aquatics Bureau consists of the President and thirty-nine Bureau Members, all elected by the Congress, at the exception of the Chair of the Athlete Committee, who is elected by athletes committee (art. 14.1 World Aquatics Constitution). Twenty-two Bureau Members are elected by the Congress as continental representatives. They shall be distributed geographically and per gender (art. 14.3 World Aquatics Constitution). Sixteen additional Bureau Members are elected by the Congress as World-at-Large Bureau Members (art. 14.4 World Aquatics Constitution).

The World Aquatics Bureau holds jurisdictional powers to sanction World Aquatics Members. As per art. 8.3 World Aquatics Constitution, the Bureau can suspend or expel a member for various reasons, including non-compliance with obligations, significant violations of the Constitution or Rules, loss of national body status, inability to maintain independence due to external interference, actions contrary to World Aquatics' objectives, or other justifiable reasons determined by the Bureau.

3. The Aquatics Integrity Unit

a. Creation

The Aquatics Integrity Unit (AQIU) is an operationally independent unit of World Aquatics. It was created to ensure that all ethical issues in the sport would be addressed independently by bodies specialised in integrity matters. World Aquatics Constitution guarantees that the AQIU is provided with «all the necessary organisational and budget resources to be able to operate efficiently and independently» (art. 24.4 of World Aquatics Constitution).

The current (2023) World Aquatics President, Husain Al-Musallam, said: «With the committed individuals that the Congress will vote on for the Aquatics Integrity Unit, we are helping to further ensure a level playing field, safeguarding athletes’ health and removing any and all forms of misconduct within sports» (President Statement).

The AQIU handles all integrity-related matters in Aquatics, including ethical breaches, harassment and abuse, betting-related issues, result manipulation and anti-doping (in collaboration with the International Testing Agency (ITA). It protects the integrity of the sport by investigating and adjudicating violations; strengthening the capacity to prevent potential future wrongdoing; and ensuring World Aquatics complies with its obligations under the World Anti-Doping Code and the World Aquatics Rules.

The objectives and responsibilities of the AQIU are stipulated at art. 24.1 and 24.2 World Aquatics Constitution. In particular, the AQIU shall handle all anti-doping responsibilities of World Aquatics, which have not been delegated to a third-party such as ITA; all integrity matters related with World Aquatics, including disciplinary, ethics, various forms of harassment, competition manipulation, fraud, illicit betting and other event interference offenses, in accordance with the applicable World Aquatics Rules. In addition, the AQIU pursues other objectives such as education, prevention, monitoring as well as reporting to the Bureau and to the Congress.

Art. 24.5 World Aquatics Constitution outlines the dynamic framework of the AQIU, comprising vital entities such as the Supervisory Council, the Chief Ethics and Compliance Officer, the Adjudicatory Body, the Investigatory Body, and the Anti-Doping Advisory Body, all synergistically working to uphold integrity and fairness within aquatic sports.

b. Supervisory Council of the AQIU

The Supervisory Council governs the AQIU and ensures it carries out its role and responsibilities in accordance with the Constitution, the Integrity Code and the World Aquatics Rules.

Art. 24.7 World Aquatics Constitution requires the Supervisory Council to shoulder key responsibilities, encompassing the formulation of strategic initiatives, policies, and plans for the AQIU, the vigilant monitoring of its performance, meticulous oversight of its budget, and the execution of any additional tasks ascribed to it by the Constitution, decisions of the Bureau or the Executive, or the World Aquatics Rules.

c. Chief Ethics and Compliance Officer of the AQIU

The main responsibility of the Chief Ethics and Compliance Officer is to oversee the general operations of the AQIU and deal with any claim and complaint addressed to the AQIU. He/she is supported in his/her activities and tasks by the AQIU staff and a Deputy (art. 24.8 World Aquatics Constitution).

d. Investigatory Body of the AQIU

The responsibilities of the Investigatory Body in art. 24.12 World Aquatics Constitution include:

1. to investigate potential violations of this Constitution and/or the World Aquatics Rules;
2. to provide any investigation reports when required to the Chief Ethics and Compliance Officer or the Adjudicatory Body;
3. to perform the appropriate eligibility and background check on candidates for positions for which such a check is required under the Constitution or the World Aquatics Rules; and
4. any other tasks attributed to the Investigatory Body by this Constitution, a decision of the Bureau or the Executive or the World Aquatics Rules.

Against this background, the Investigatory Body plays an important role in, among others, assisting the Chief Ethics and Compliance Officer in its endeavours. Indeed, the latter is entitled to delegate an investigation to said Body, in particular, but not limited to, when a case requires urgent action or when the investigation may require additional resources. In general, the investigation would be undertaken by the Chairperson or one member appointed by him. Upon completion of its investigation, a report is prepared and remitted to the Chief Ethics and Compliance Officer for his review and assessment of next steps. That said, it is unlikely that investigations would be handled in parallel or simultaneously by both the Chief Ethics and Compliance Officer and the Investigatory Body.

e. Adjudicatory Body of the AQIU

The responsibilities of the Adjudicatory Body in art. 24.10 World Aquatics Constitution include:

1. to receive complaints and claims from the Chief Ethics and Compliance Officer;
2. to review any investigation reports of the Investigatory Body, when necessary;
3. to take the appropriate decisions, including imposing the appropriate sanctions, in accordance with this Constitution and the World Aquatics Rules; and
4. any other tasks attributed to the Adjudicatory Body by this Constitution, a decision of the Bureau or the Executive or the World Aquatics Rules.

The Adjudicatory Body receives complaints and claims from the Chief Ethics and Compliance Officer, reviews investigation reports, makes decisions including imposing sanctions, and fulfils other duties as outlined in the Constitution or by relevant authorities.

In addition, the Adjudicatory Body is also competent to recognise decisions passed by World Aquatics Members. This is another important pilar for any international federation to ensure that the base (the Members) is capable of handling proceedings pursuant to the principle of separation of powers, respecting the principles of independence and impartiality and due process rights.

f. Anti-Doping Advisory Body of the AQIU

The responsibilities of the Anti-Doping Advisory Body in art. 24.14 World Aquatics Constitution include:

1. to review and make recommendations to the Supervisory Council regarding World Aquatics' doping control programme;
2. to provide strategic advice to the Supervisory Council on anti-doping related matters;
3. to make proposals and suggestions to the Bureau for additions or amendments to World Aquatics Rules relating to anti-doping matters;
4. to be called upon by the Investigatory Body to assist in any doping-related investigation;
5. to provide Aquatics-specific knowledge to the International Testing Agency;
6. any other tasks attributed to the Anti-Doping Advisory Body by the Constitution, a decision of the Bureau or the Executive or the World Aquatics Rules.

g. Decisions of the AQIU

AQIU has recently started publishing media releases together with its decisions on its website. During its relatively short existence, AQIU has already rendered several decisions. For example, in one case, the Chief Ethics and Compliance Officer has suspended a swimming coach for 45 days for violating art. 5 World Aquatics Integrity Code, which requires acting with the highest ethical standards of integrity and prohibits disrespectful behaviours towards athletes and acts that give the appearance of impropriety. In addition to the 45-day period of ineligibility, the coach in question had to send a letter of apology to the offended person, which was published on the AQIU website, and complete an online course on harassment and abuse on the IOC’s Athlete 365 platform. These sanctions have been implemented following a Notice of Charge issued by the Chief Ethics and Compliance Officer, whose sanctions have been accepted by the party. In a nutshell, as it can be seen from his letter of apology, the coach sent an inappropriate message to an athlete on Instagram.

In a different case, the Adjudicatory Body has suspended a masters swimmer for six months due to a violation of art. 5 World Aquatics Integrity Code running from the date of the violation. Additionally, if the masters swimmer commits another violation within six months of the decision, he would face a further six-month ineligibility period automatically, in addition to any other consequences for the violation. This case featured a swimmer, who withdrew from a race due to the participation of athletes of Israeli nationality. As such, the Adjudicatory Body considered that the swimmer did not act in accordance with the highest ethical standards of integrity and transparency.

As a final example. a former president of a national federation has been suspended for 20 years by the Adjudicatory Body. This suspension follows violations of art. 2 (a) and (b) FINA Code of Conduct and art. C.4 FINA Code of Ethics. The suspension began on the date on which the former president had been provisionally suspended. During the time of suspension, he is prohibited from participating in any Aquatic-related activities on behalf of World Aquatics, Continental Organizations, World Aquatics Members, or recognized bodies. Additionally, the former president has been fined USD 50,000, which is equivalent to the amount misappropriated from World Aquatics. This decision features, as stated in the published decision, the submission of tampered invoice and the provisional of false information to Word Aquatics in order to obtain a double reimbursement.

C. Sanctions by World Aquatics

Unless there are reasons of urgency, the right to be heard (in writing or orally) shall be granted before any decision is passed by the member. Any such decision of the Bureau is appealable to CAS (cf. for more information about the subject Cortada) within 21 days. In light of these considerations, such sanctioning decision of the Bureau does not need to be ratified by the Congress (Art. 8.4 World Aquatics Constitution).

A decision of suspension by the Bureau can be imposed against a member for an indefinite period of time and the lifting of the suspension may be made subject to the fulfilment of certain requirements to be defined from time-to-time by the Bureau. A suspension may also be imposed for a fixed period of time, to be determined by the Bureau in accordance with the circumstances of the case. The Bureau may revoke a suspension at any time (art. 8.5 World Aquatics Constitution).

In place of, or in addition to any suspension of a member, the Bureau has the right to impose, upon having heard the member orally or in writing, any or more of the sanctions stipulated at art. 8.7 World Aquatics Constitution.

Moreover, in cases of acts of terrorism, riots, civil unrest, strike, nuclear or chemical contamination, epidemic and other similar circumstances as well as in the event of involvement of a member’s government in a war or other similar situations, the Bureau shall have the power to take appropriate measures, aiming at preserving the safe, peaceful and regular conduct of World Aquatics competitions and events. The measures may include the suspension or expulsion of a member, other sanctions as well as appropriate protective measures (art. 8.8 World Aquatics Constitution).

III. Swiss Swimming Federation

A. History and objectives

Swiss Swimming Federation (SSF) was founded in 1918 (Art. 11 Statutes). It is a member of Swiss Olympic, European Aquatics (LEN) and World Aquatics. The association therefore follows the classic pyramid structure alike many other sports (see also Haas).

Its headquarters are in Switzerland, at the seat of the SSF General Secretariat, which is in Ittingen (Bern). It is constituted under the form of an association as per art. 60 et seq. Swiss Civil Code (more on Swiss association law see Humbel/ Schneuwly, n. 24 et seq.; KUKO ZGB-Jakob, Vor Art. 60–79 N 1 et seq.; BSK ZGB I-Scherrer/Brägger, Vor Art. 60–79 N 1 et seq.).

SSF’s objectives are defined at art. 12 Statutes and encompass inter alia the promotion via its member clubs and other stakeholders of the aquatic sports under all its forms or the commitment around activities in or around the water related to health, fitness or leisure. The aquatic sports are all the sports defined in World Aquatic Constitution (art. 12 Statutes).

The SSF Statutes confirm the principle of neutrality (art. 15.1 Statutes) and its commitment to ethical principles (art. 15.2 Statutes). In this latter respect, the SSF Statutes stipulate that the Code of Ethics of World Aquatics is binding for SFF, its officials, members of its organs, members, regional or cantonal federations, clubs etc. The reference to the Code of Ethics, which was replaced by the World Aquatics Integrity Code as of 1 January 2023 can be explained by the fact that the Statutes were last amended in April 2022, i.e. before the entry into force of said Integrity Code.

B. Organisation

The legal framework governing SSF is outlined in art. 91 Statutes, under the heading «legal subordination», affirming that any entity adhering to the Statutes and regulations of the SSF is liable to the legal jurisdiction of the SSF. Nevertheless, certain disputes are explicitly exempted from these jurisdictional proceedings. Disputes between the SSF, its members or members of member clubs, and World Aquatics, LEN or members of World Aquatics. In these cases, the decision belongs to the CAS in Lausanne. Disputes between the SSF, its members or members of member clubs, and Swiss Olympic. In these cases, the decisions shall be passed in accordance with the Statutes of Swiss Olympic. Anti-doping rule violations. In these cases, the decisions shall be passed by the disciplinary body of Swiss Sport Integrity as per art. 15.4 Statutes. Disputes deriving from mandatory provisions governing other disputes, such as infringements punishable by criminal or civil law.

The Statutes outline the judicial bodies of the SSF (art. 92.1 Statutes), which include the President(s), the Presiding Board, the Sports Director(s), and other official and organizational units, as well as officials responsible for making decisions during SSF-organized events. Two significant bodies highlighted are the Disciplinary Commission and the CAS. The Disciplinary Commission handles disciplinary matters within the SSF, while the CAS serves as an arbitration tribunal for sports-related disputes. The respective tasks of these two bodies are defined under art. 93 and 94 Statutes. These bodies play crucial roles in ensuring the proper governance and resolution of issues within the SSF framework.

The Disciplinary Committee investigates violations of the rules as well as disputes on behalf of a person or an organisational unit of SSF, which would be otherwise competent, but which does not want or cannot instruct the matter itself.

The Disciplinary Committee is allowed to proceed with interviews and verifications. It reports to the claimant party about the results of the investigations. It assesses said results. Lastly, it proposes disciplinary measures to be imposed. In turn, the CAS is competent to hear appeals as defined under art. 94 lit. a) and b) of SSF Statutes. The procedure and the disciplinary measures (among others) are stipulated in the Procedural Code..

C. Membership

SSF’s members are clubs as well as active members of clubs and affiliates (SSF members). More precisely, the SSF Statutes divide the members between members with voting and elective rights, namely the clubs of categories A and B, member federations and Honorary members, and members without any voting or elective rights, namely individual members and clubs’ members (art. 22.1 Statutes; art. 22.2 et seq. Statutes define the various members of SSF).

According to art. 22.7 Statutes, SSF members are persons who belong to a member club of the SSF. Members of the member club become members of the SSF when they are admitted to the member club or when their member club is admitted to the SSF (more on the relationship between on association and the (in-)direct members see Humbel/Schneuwly, n. 40 et seq.; BK ZGB-Riemer, Syst. Teil N 491 et seq.; Hügi, p. 71; BSK ZGB I-Scherrer/Brägger, Art. 64 N 8 et seq.). Personal data is managed by the member club, which reports its membership figures to the SSF each year by the end of January at the latest and sends in a list of members containing the surname, first name, date of birth and gender of its club members.

The rights of the members are stipulated at art. 25.1 Statutes: members of all categories have the right to participate in the competitions, courses or events. Members with voting and elective rights have rights linked to the Congress (participation, right to vote or to elect). The members shall abide to certain obligations, such as the compliance with all obligations deriving from the statutes, regulations or decisions of SSF (art. 25.2 Statutes).

Similar to the procedures of international federations, members of the SSF may face suspension or expulsion under specific conditions outlined in art. 25.4 Statutes. These conditions include repeated failure to comply with obligations deriving from statutes, regulations, or decisions of the SSF, failure to meet financial obligations, actions bringing disrepute to the SSF and violation of independence, ethical principles, and anti-doping rules as stipulated in art. 15.1 to 15.3 Statutes. Violations of the rules stipulated in art. 15 Statutes are investigated by the Swiss Integrity Unit. Additionally, lodging a complaint before a civil court is grounds for potential suspension or expulsion. These measures are in place to uphold the integrity and standards of the SSF, ensuring adherence to ethical and regulatory frameworks within the organization.

Expulsion of a member from the SSF may occur if one or more of the aforementioned points are grossly violated. The authority to suspend or expel a member is distributed among different bodies as outlined in art. 25 Statutes, along with references to art. 51.4 lit. o. and art. 52.2. lit. b Statutes. Specifically, the Central Committee holds jurisdiction over member clubs, member associations, and honorary members, while the Presiding Board handles individual members, and member clubs have authority over their own members. Additionally, an internal appeal process is established within the same provision to ensure procedural fairness. These mechanisms allow for the proper enforcement of disciplinary actions while providing avenues for appeal and due process within the SSF structure.

IV. Hobby sports

A. Swimming

Swimming as a recreational sport in Switzerland is well-structured and accessible to people of all ages and skill levels. Local swimming clubs play a crucial role by offering swimming lessons for both children and adults, as well as organizing training sessions and local competitions. The SSF oversees the sport's organization, supporting talent development and hosting national championships.

In addition to competitive swimming, Switzerland provides numerous opportunities for recreational and fitness-oriented swimmers. Public swimming pools offer open swim times and courses for all levels. Open water training is popular as well. Swimming is also a fundamental part of physical education in Swiss schools, ensuring that children acquire essential water safety and swimming skills.

Many swimmers in Switzerland pursue the sport in an unstructured manner, swimming independently or participating in unique events such as open water crossings. Open water swimming is particularly popular due to Switzerland's picturesque lakes and rivers. Swimmers often embark on personal challenges like crossing Lake Geneva or Lake Lucerne.

For adults interested in maintaining their swimming fitness and even participating in competitions, Masters Swimming programs are available. Masters Swimming is a popular choice for those looking to maintain fitness, improve technique, and even compete in a friendly environment. Masters swimmers typically fall into the amateur category. There are no age restrictions, meaning individuals of all ages can participate.

One of the unique aspects of Masters Swimming is the opportunity to compete in various events, both at the national and international levels. Swiss Masters swimmers have the chance to participate in national championships organized by SSF.

Internationally, there are prestigious events like the FINA Masters World Championships. These championships gather Masters swimmers from around the world to compete in various age groups and swimming disciplines. It's a chance for Masters swimmers to test their abilities against a diverse group of athletes and experience the thrill of international competition.

B. Diving

In Switzerland, amateur diving enthusiasts typically join local diving clubs or teams. These clubs provide training facilities and coaching for divers of various skill levels, including beginners and intermediate divers. Amateur divers often focus on improving their diving techniques and participating in regional and national competitions. The sport remains accessible to those who wish to pursue it as a recreational activity or even with aspirations for competitive diving on a smaller scale.

C. Water Polo

Water polo at the amateur level in Switzerland thrives within local clubs and schools. Amateur water polo teams compete in domestic leagues and tournaments, offering a platform for players of all ages and skill levels to enjoy the sport. While Switzerland may not have the same level of international prominence in water polo as some other countries, the amateur scene remains an essential part of the country's aquatic sports landscape.

D. Artistic Swimming

Artistic swimming in Switzerland caters to both competitive and recreational swimmers. Local clubs and teams offer synchronized swimming programs for enthusiasts of all ages, from children to adults. Athletes can choose to participate in local competitions or pursue synchronized swimming as a recreational activity to improve their swimming skills, flexibility, and artistic expression. The sport continues to provide opportunities for artistic and aquatic expression at the amateur level.

V. World Aquatics Integrity and Anti-Doping rules

A. Integrity Code violations

Pursuant to art. 1 Integrity Code, World Aquatics adopted an Integrity Code to establish clear integrity standards for persons involved in the activities of World Aquatics, to protect the health, safety and well-being of Athletes, to prohibit conduct that might undermine public confidence in the integrity of Aquatics and/or in the uncertainty of outcome of Events, and to establish effective mechanisms for enforcement of the Integrity Code and sanctions for any violation.

Sanctions for these violations range from a reprimand to a lifetime ban (art. 33.1 World Aquatics Integrity Code). Any person may address a report of an alleged Integrity Code Violation to the AQIU (art. 19.1 World Aquatics Integrity Code). The Chief Ethics and Compliance Officer shall first assess whether the report relates to an alleged Integrity Code violation. In carrying out a preliminary analysis, the Chief Ethics and Compliance Officer will assess whether the AQIU has prima facie jurisdiction to investigate the report and whether the report has any reasonable prospect of establishing one or more Integrity Code violations. Where the Chief Ethics and Compliance Officer considers that the AQIU does not have jurisdiction or that the report has no reasonable prospect of establishing one or more Integrity Code Violation, the Chief Ethics and Compliance Officer may decide, in his/her full discretion, to take no further action. Such decision is not subject to appeal (art. 20.1 World Aquatics Integrity Code).

If the evidence submitted with, or subsequent to, any report is considered by the Chief Ethics and Compliance Officer to establish a prima facie case of an Integrity Code violation, the Chief Ethics and Compliance Officer will cause an investigation to be commenced, unless in the view of the Chief Ethics and Compliance Officer, there is a good reason not to cause an investigation to be commenced either immediately or at all (art. 20.4 World Aquatics Integrity Code).

The Chief Ethics and Compliance Officer may write to any person against whom a prima facie case has been found to exist, to ask whether or not that person wishes to admit any Integrity Code violation(s) and enter an agreed-upon sanction. In this case, the Chief Ethics and Compliance Officer may submit the matter directly to the Adjudicatory Body for ratification of a settlement agreement (art. 20.7 World Aquatics Integrity Code).

In each case following completion of the investigation, the Chief Ethics and Compliance Officer shall decide whether to pursue an Integrity Code violation and, if so, whether provisional measures should be imposed on the person, pending resolution of the case (art. 22.5 World Aquatics Integrity Code). Where it is determined that no procedure shall be opened, the matter shall not proceed and any provisional measures previously imposed shall be lifted. A decision that a matter shall not proceed is not subject to appeal (art. 22.6 World Aquatics Integrity Code). When the Chief Ethics and Compliance Officer decides to pursue an Integrity Code violation, a notice of charge is sent to the accused person (art. 23.1 World Aquatics Integrity Code).

The person may respond to the notice of charge in one of the following ways (art. 23.3 World Aquatics Integrity Code):

• admit the charge and accept the potential consequences and sanctions specified in the notice of charge;
• admit the charge, but dispute and/or seek to mitigate all or any of the potential consequences and sanctions specified in the notice of charge and have the Adjudicatory Body determine the consequences and sanctions; or
• deny the charge, and have the Adjudicatory Body determine the charge and any consequences and sanctions.

In the event the accused person admits the charge and accepts the consequences, the consequences specified in the notice of charge will apply. The sanction shall be notified and published. Such decision is not subject to appeal (art. 23.5 World Aquatics Integrity Code).

In the event that an accused person denies the charge and/or disputes and/or seeks to mitigate all or any of the potential consequences and sanctions specified in the notice of charge, the Chief Ethics and Compliance Officer will file a written petition to the Adjudicatory Body (art. 23.6 World Aquatics Integrity Code). Upon receipt of a filing, the Chair of the Adjudicatory Body will nominate a Panel to adjudicate the case (art. 25.1 Aquatics Integrity Code).

The Adjudicatory Body panel will offer an opportunity to provide a defence to the accused person and a hearing will be held thereafter (art. 27.1 World Aquatics Integrity Code). Following the hearing, the panel will promptly render a decision on whether a violation was committed, and, if so, on the consequences to be imposed (art. 32.1 of the World Aquatics Integrity Code). All sanctions of suspension are then published on the website of the AQIU (AQIU sanctions). The decision of the panel can be appealed to the CAS within 21 days of receipt of the decision (art. 35.2 World Aquatics Integrity Code).

B. Anti-doping

1. World Aquatics

World Aquatics has adopted Doping (for definition see Brühlmann/Schnydrig) Control Rules, which apply to all Aquatics stakeholders (art. 2 World Aquatics Doping Control Rules). World Aquatics have delegated the initial part of the results management of potential Doping Control Rule violations to the International Testing Agency (ITA), which manages anti-doping programs, independent from sporting or political powers, for International Federations. When a potential violation is first reported, either by a WADA-accredited laboratory or through the ITA’s tipline Reveal, the ITA follows the proceedings set out in the World Aquatics Doping Control Rules and, in the WADA, International Standards for Results Management.

Following this process, if the ITA is of the view that an anti-doping rule violation (ADRV) was committed, the person is charged with an ADRV and receives an offer of acceptance of consequences. If the person refuses the offer of acceptance of consequences, the case is transferred to the Chief Ethics and Compliance Officer of the AQIU who will file a request for arbitration to the CAS Anti-Doping Division (CAS ADD) (art. 13 Arbitration Rules - CAS Anti-Doping Division). The case will then be adjudicated by the arbitrator(s) appointed, pursuant to the Arbitration Rules of the CAS ADD (art. 15 and 16 Arbitration Rules - CAS Anti-Doping Division).

All sanctions are then published on the website of the AQIU (AQIU sanctions). The decision of the panel can be appealed to the CAS appeals division within 21 days of receipt of the decision by World Aquatics, the accused person, the relevant National Anti-Doping Organization and WADA (art. 21 Arbitration Rules - CAS Anti-Doping Division).

2. SSF

In what concerns anti-doping matters, the SSF Statutes stipulate that the SSF and its members are subject to the anti-doping code (and other regulations) of Swiss Olympic as well as to the WADA Anti-Doping Code. As already mentioned, any anti-doping violation would fall under the jurisdiction of the disciplinary body of Swiss Sport Integrity (art. 91 lit. c. Statutes). Art. 15.4 confirms that Swiss Sport Integrity is the one in charge to investigate, judge and sanction anti-doping violations.

VI. Specific issue

SSF presents a complete set of regulations, albeit different from the international federation, which has, as described in the previous chapter, implemented an independent integrity unit. This does not seem to be the case of the SSF, which features judicial bodies with non-independent members. This however does not mean that the judicial bodies cannot act independently and with impartiality.

SSF abides to principles of transparency and presents a website, where information and regulations are easily accessible. As a last remark, SSF does not seem to recognise the CAS as an appeal instance except in limited circumstances, such as in doping matters. This can be considered as rather unusual considering that the CAS is recognised by the very vast majority of international and national sports federations.