Datasets:
timotheeplanes
/
doping

Dataset card Data Studio Files
xet
 Community
1
text
stringlengths
1
17.8k
Decisions and proceedings Sanctions and Decisions under the Code Longer of 10 yrs or duration of sanction* Necessary because of multiple violations and possible duration of sanctions.
* Decisions (e.g.
CAS decisions) can be important legal precedents and part of the public record; in such cases, ADOs may decide to retain a decision beyond the applicable retention period.
Necessity Proportionality/Necessity Relevant documentation/files (incl.
AAF or wher eabouts failure record, case files, laboratory and ABP documentation packages, etc.)
Longer of 10 yrs or duration of sanction Necessary because of multiple violations and possible duration of sanctions.
Necessity 7 – Athlete Biological Passport Results Biological variables, ATPF, APF, APMU reports, expert reviews , ABP documentation packages and associated laboratory documentation.
10 yrs as of date of match between results and Doping Control Form / date of creation of relevant documents Necessary because of multiple violations and to analyze or review biological v ariables, APMU reports , expert reviews , etc., over time.
If ADRV, will also be kept as part of results management file (see section 6).
Necessity Whereabouts Whereabouts (only city, country and In-Competition whereabouts) 10 yrs as of end of the whereabouts quarter for which the data was submitted Needed to support atypical/abnormal results, or to refute Athletes' claims.
Proportionality/Necessity
ISRM – January 2023 Page 1 of 54 ISRM – January 2023 Page 2 of 54 International Standard for Results Management The World Anti-Doping Code International Standard for Results Management is a mandatory International Standard developed as part of the World Anti-Doping Program.
It was developed in consultation with Signatories, public authorities, and other relevant stakeholders.
The International Standard f o r Results Management was first adopted and approved by the WADA Executive Committee at the World Conference on Doping in Sport in Katowice on 7 November 2019 and came into effect Ja nuary 2021.
This version of the International Standard for Results Management incorporates minor revisions to align the International Standard for Results Management with a number of other WADA regulatory documents.
It was approved by the WADA Executive Committee on 20 May 2021 and has been effective since this date.
Published by: World Anti-Doping Agency Stock Exchange Tower 800 Place Victoria (Suite 1700) PO Box 120 Montreal, Quebec Canada H4Z 1B7 www.wada-ama.org Tel: +1 514 904 9232 Fax: +1 514 904 8650 E-mail: code@wada-ama.org ISRM – January 2023 Page 3 of 54 TABLE OF CONTENTS PART ONE: INTRODUCTION, CODE PROVISIONS, INTERNATIONAL STANDARD PROVISIONS AND DEFINITIONS ............................................... ............................................................... .................... 5 1.0 INTRODUCTION AND SCOPE .................................... ............................................................... .... 5 2.0 CODE PROVISIONS ................................................... ............................................................... ..... 5 3.0 DEFINITIONS AND INTERPRETATION ............................ ............................................................. 6 3.1 Defined Terms from the 2021 Code that are Used in the International Standard for Results Management .............................................................. ............................................................. 6 3.2 Defined Terms from the International Standard for Testing and Investigations .................... 13 3.3 Defined Terms from the International Standard for Laboratories .......................................... 13 3.4 Defined Term from the International Standard for Therapeutic Use Exemptions .................. 14 3.5 Defined Term from the International Standard for Protection of Privacy and Personal Information .............................................................. .............................................................. 14 3.6 Defined Terms Specific to the International Standard for Results Management ................... 15 3.7 Interpretation ............................................ ............................................................... .............. 16 PART TWO: RESULTS MANAGEMENT – GENERAL PRINCIPLES ......................................... ........ 17 4.0 GENERAL PRINCIPLES ........................................ ............................................................... ........ 17 4.1 Confidentiality of Results Management .............................................................. ................... 17 4.2 Timeliness ................................................ ............................................................... .............. 17 PART THREE: RESULTS MANAGEMENT – PRE-ADJUDICATION ........................................... ....... 18 5.0 FIRST RESULTS MANAGEMENT PHASE ........................................................ .......................... 18 5.1 Adverse Analytical Findings .............................................................. .................................... 18 5.2 Atypical Findings .............................................................. ..................................................... 23 5.3 Matters Not Involving an Adverse Analytical Finding or Atypical Finding .............................. 24 5.4 Decision Not to Move Forward .............................. ............................................................... .
25 6.0 PROVISIONAL SUSPENSIONS .............................................................. ..................................... 25 6.1 Scope ..................................................... ............................................................... ................ 25 6.2 Imposition of a Provisional Suspension ............................................................... .................. 26 6.3 Voluntary Provisional Suspension .............................................................. ........................... 27 6.4 Notification............................................... ............................................................... ............... 28 7.0 CHARGE..................................................... ............................................................... .................... 28 PART FOUR: RESULTS MANAGEMENT – ADJUDICATION ............................................... .............. 32 8.0 HEARING PROCESS ........................................... ............................................................... .......... 32 9.0 DECISIONS ................................................. ............................................................... ................... 35 ISRM – January 2023 Page 4 of 54 9.1 Content ................................................... ............................................................... ................ 35 9.2 Notification............................................... ............................................................... ............... 36 10.0 APPEALS .................................................. ............................................................... ..................... 37 10.1 The Rules Governing Appeal Rights and Avenues are Set Out at Code Article 13.
............. 37 10.2 With Respect to National Appellate Instances Within the Me aning of Code Article 13.2.2: .. 37 10.3 With Respect to Appeals Before CAS: ............................................................. ..................... 38 11.0 VIOLATION OF THE PROHIBITION AGAINST PARTICIPATION DURING INELIGIBILITY .... 38 ANNEX A – REVIEW OF A POSSIBLE FAILURE TO COMPLY .............. ............................................ 39 A.1 Responsibility ............................................ ............................................................... ............. 39 A.2 Requirements .............................................. ............................................................... ........... 39 ANNEX B – RESULTS MANAGEMENT FOR WHEREABOUTS FAILURES ..................................... .. 40 B.1 Determining a Potential Whereabouts Failure ............................................................... ........ 40 B.2 Requirements for a Potential Filing Failure or Missed Test ................................................... 40 B.3 Results Management for a Potential Whereabouts Failure .......................... ......................... 43 ANNEX C - RESULTS MANAGEMENT REQUIREMENTS AND PROCEDURES FOR THE ATHLETE BIOLOGICAL PASSPORT .............................................................. ..................................... 47 C.1 Administrative Management ................................. ............................................................... .. 47 C.2 Initial Review Phase ...................................... ............................................................... ......... 48 C.3 Review by Three (3) Experts ............................... ............................................................... ... 51 C.4 Conference Call, Compilation of the Athlete Biological Passport Documentation Package and Joint Expert Report ............................................................... .......................................... 52 C.5 Issuing an Adverse Passport Finding .............................................................. ...................... 53 C.6 Review of Explanation from Athlete and Disciplinary Proceedings ................................. ...... 53 C.7 Passport Re-setting ....................................... ............................................................... ......... 54 ISRM – January 2023 Page 5 of 54 PART ONE: INTRODUCTION, CODE PROVISIONS, INTERNATIONAL STANDARD PROVISIONS AND DEFINITIONS 1.0 Introduction and Scope The International Standard f o r Results Management is a mandatory International Standard developed as part of the World Anti-Doping Program.
The purpose of the International Standard f o r Results Management is to set out the core responsibilities of Anti-Doping Organizations with respect to Results Management .
In addition to describing certain general principles of Results Management (section 4), this International Standard also sets out the core obligations applicable to the various ph ases of Results Management from the initial review and notification of potential anti-doping rule v iolations (section 5), through Provisional Suspensions (section 6), the assertion of anti-doping rule violations and proposal of Consequences (section 7), the Hearing Process (section 8) until the issuance and notification of the decision (section 9) and appeal (section 10).
Notwithstanding the mandatory nature of this International Standard and the possibility that departures by Anti-Doping Organizations may give rise to compliance consequences under the International Standard f o r Code Compliance by Signatories , departures from this International Standard shall not invalidate analytical results or other evidence of an anti-doping rule violation and shall not constitute a defense to an anti-doping rule violation , except as expressly provided for under Code Article 3.2.3.
Terms used in this International Standard that are defined terms from the Code are italicized.
Terms that are defined in this or another International Standard are underlined.
2.0 Code Provisions The following articles in the Code are directly relevant to the International Standard for Results Management ; they can be obtained by referring to the Code itself: • Code Article 2 Anti-Doping Rule Violations • Code Article 3 Proof of Doping • Code Article 5 Testing and Investigations • Code Article 7 Results Management : Responsibility, Initial Review, Notice and Provisional Suspensions • Code Article 8 Results Management : Right to a Fair Hearing and Notice of Hearing Decision • Code Article 9 Automatic Disqualification of Individual Results • Code Article 10 Sanctions on Individuals • Code Article 11 Consequences to Teams ISRM – January 2023 Page 6 of 54 • Code Article 13 Results Management : Appeals • Code Article 14 Confidentiality and Reporting • Code Article 15 Implementation of Decisions • Code Article 20 Additional Roles and Responsibilities of Signatories and WADA 3.0 Definitions and Interpretation 3.1 Defined Terms from the Code that are used in the International Standard for Results Management ADAMS : The Anti-Doping Administration and Management System is a Web- based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti-doping operations in conjunction with data prote ction legislation.
Administration : Providing, supplying, supervising, facilitating, or otherwise p articipating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performan ce.
Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Marker s or evidence of the Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Anti-Doping Organization : WADA o r a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizations that conduct Testing at their Event s, International Federations, and National Anti-Doping Organizations .
Athlete : A n y Person who competes in sport at the international level (as defined b y each International Federation) or the national level (as defined by each National Anti-Doping Organization ).
An Anti-Doping Organization has discretion to apply anti-doping rules to an Athlete who is neither an International-Level Athlete nor a National-Level Athlete , and thus to bring them within the definition of “ Athlete ”.
In relation to Athletes who are neither International-Level nor National-Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .
However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violati on is committed by any Athlete over ISRM – January 2023 Page 7 of 54 whom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 a nd for purposes of anti-doping information and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .
[Comment to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International-Level Athlete, 2) National-Level Athlete, 3) individuals who are not International or National-Level Athletes but over whom the International Federation or National Anti-Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federation or National Anti-Doping Organization has, or has chosen to, exercise authority.
All International and National-Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping Organizations.]
Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard f o r Testing and Investigations and International Standard for Laboratories.
Attempt : Purposely engaging in conduct that constitutes a substantial s tep in a course of conduct planned to culminate in the commission of an anti-dopin g rule violation.
Provided, however, there shall be no anti-doping rule violation based sol ely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .
Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding .
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards .
CAS : The Court of Arbitration for Sport.
Code : The World Anti-Doping Code .
Competition : A single race, match, game or singular sport contest.
For exam ple, a basketball game or the finals of the Olympic 100-meter race in athletics.
For stage races and other sport contests where prizes are awarded on a daily or other interim b asis the distinction between a Competition and an Event will be as provided in the rules of the applicable Internation al Federation.
Consequences of Anti-Doping Rule Violations (“Consequences ”): An Athlete’s or other Person’s violation of an anti-doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti-doping rule ISRM – January 2023 Page 8 of 54 violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14.1; (c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recove r costs associated with an anti-doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14.
Teams in Team Sport s may also be subject to Consequences as provided in Article 11.
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonabl e Internet search.
Delegated Third Parties : Any Person to which an Anti-Doping Organization delegates any aspect of Doping Control or anti-doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti-doping educational programs for the Anti-Doping Organization , or individuals serving as independent contractors who perform Doping Control services for the Anti-Doping Organization (e.g., non-employee Doping Control Officers or chaperones).
This definition does not include CAS.
Disqualification : See Consequences of Anti-Doping Rule Violations above.
Doping Control : All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to, Testing , investigations, whereabouts, TUEs , Sample collection and handling, laboratory analysis, Results Management and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension ).
Event : A series of individual Competition s conducted together under one ruling body (e.g., the Olympic Games, World Championships of an International Federati on, or Pan American Games).
Financial Consequences : See Consequences of Anti-Doping Rule Violations above.
In-Competition : The period commencing at 11:59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .
Provided, however, WADA m a y approve, for a particular sport, an alternative definition if a n International Federation provides a compelling justification that a different definition is neces sary for its sport; upon such approval by WADA , the alternative definition shall be followed by all Major Event Organizations for that particular sport.
[Comment to In-Competition: Having a universally accepted definition for In-Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In-Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists ISRM – January 2023 Page 9 of 54 in preventing any potential performance enhance ment benefits from substances prohibited Out-of-Competition being carried over to the Competition period.]
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully Independent Institutionally from the Anti-Doping Organization responsible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation , a Major Event Organization, or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event .
International-Level Athlete : Athlete s who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
[Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc.
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes.
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.]
International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued pursuant to the International Standard .
Major Event Organizations : The continental associations of National Olympic Committee s and other international multi-sport organizations that function as the ruling body for any continental, regional or other International Event .
Marker : A compound, group of compounds or biological variable(s) that i ndicates the Use of a Prohibited Substance or Prohibited Method.
Minor : A natural Person who has not reached the age of eighteen years.
National Anti-Doping Organization : The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt an d implement anti-doping rules, direct the collection of Samples , manage test results and conduct Results Management at the national level.
If this designation has not been made by the co mpetent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
ISRM – January 2023 Page 10 of 54 National-Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization , consistent with the International Standard for Testing and Investigations.
Operational Independence : This means that (1) board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matt er cannot be appointed as members and/or clerks (to the extent that such clerk is involve d in the deliberation process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization w i t h responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision-making process without interference fr om the Anti-Doping Organization or any third party.
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearin g panel, are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition : Any period which is not In-Competition .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti-dop ing rule violation based solely on Possession if, prior to receiv ing notification of a ny kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.
[Comment to Possession: Under this definit ion, anabolic steroids found in an Athlete’s car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, the Anti-Doping Organization must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them.
Similarly, in t he example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping Organization must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control over them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third-party address.]
Prohibited List : The list identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
ISRM – January 2023 Page 11 of 54 Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List.
Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearin g occurring prior to a hearing under Article 10 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.
[Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing,” as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.]
Provisional Suspension : See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti-Doping Rule Violations above.
Registered Testing Pool : The pool of highest-priority Athletes established separately at the international level by International Federations and at the nat ional level by National Anti-Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation’s or National Anti-Doping Organization’s test distribution plan and therefore are required to provide whereabouts informat ion as provided in Article 5.5 and the International Standard for Testing and Investigations.
Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard f o r Results Management , or in certain cases (e.g., Atypical Finding , Athlete Biological Passport , Whereabouts Failure), such pre-notification steps expressly provided for in Article 5 of the International Standard f o r Results Management , through the charge until the final resolution of the matter, in cluding the end of the hearing process at first instance or on appeal (if an appeal was lodged ).
Sample or Specimen : Any biological material collected for the purposes of Doping Control .
[Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.