in the unfavorable personnel action alleged in the complaint. (B) Criteria for determination by the arbitration The arbitration may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that the retaliation was a contributing factor in the unfavorable personnel action alleged in the complaint. (C) Prohibition Relief may not be ordered under paragraph (4) if the corporation, national governing body, or paralympic sports organization, as applicable, demonstrates by clear and convincing evidence that the corporation, national governing body, or paralympic sports organization would have taken the same unfavorable personnel action in the absence of that behavior. (8) Review Any person adversely affected or aggrieved by an order issued under paragraph (4) or (5) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review shall be filed not later than 60 days after the date of the issuance of the arbitration decision of the corporation. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this paragraph shall not, unless ordered by the court, operate as a stay of the order. (9) Rights retained Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee or other individual under any Federal or State law, or under any collective bargaining agreement. (10) Nonenforceability of certain provisions waiving rights and remedies The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment or association with the corporation, a national governing body, or a paralympic sports organization. (11) Rule of construction Nothing in this subsection shall be construed to mean that the funds transferred by the national