text stringlengths 1 17.8k |
|---|
It has been determined that there is no basis for any such claim.] |
Signatories : Those entities accepting the Code and agreeing to implement the Code , as provided in Article 23. |
Specified Method : See Article 4.2.2. |
Specified Substance: See Article 4.2.2. |
Substance of Abuse : See Article 4.2.3. |
Substantial Assistance : For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or reco rded interview all information he or she possesses in relation to anti-doping rule violations or other proceeding ISRM – January 2023 Page 12 of 54 described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. |
Further, the information provided must be credible and must comprise an impo rtant part of any case or proceeding which is initiated or, if no case or proceeding is i nitiated, must have provided a sufficient basis on which a case or proceeding could have been brought. |
Tampering : Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods . |
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample , affecting or making impossible the analysis of a Sample , falsifying documents submitted to an Anti-Doping Organization o r TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control . |
[Comment to Tampering: For example, this Ar ticle would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of “B” Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process. |
Tampering includes misconduct which occurs during the Results Management and hearing process. |
See Article 10.9.3. |
3. |
However, actions taken as part of a Person's legitimate defense to an anti-doping rule violation charge shall not be considered Tampering. |
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise c onstitute Tampering shall be addressed in the disciplinary rules of sport organizations.] |
Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations. |
Technical Document : A document adopted and published by WADA f r o m t i m e t o t i m e containing mandatory technical requirements on specific anti-do ping topics as set forth in an International Standard . |
Testing : The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory. |
Therapeutic Use Exemption (TUE) : A Therapeutic Use Exemption allows an Athlete with a medical condition to use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met. |
Use: The utilization, application, ingestion, injection or consumpti on by any means whatsoever of any Prohibited Substance or Prohibited Method . |
WADA : The World Anti-Doping Agency. |
ISRM – January 2023 Page 13 of 54 3.2 Defined Terms from the International Standard for Testing and Investigations Doping Control Officer (or DCO): An official who has been trained and authorized by the Sample Collection Authority to carry out the responsibilities given t o DCOs in the International Standard for Testing and Investigations. |
Sample Collection Authority: The organization that is responsible for the collection of Samples in compliance with the requirements of the International Standard for Testing and Investigations, whether (1) the Testing Authority itself; or (2) a Delegated Third Party to whom the authority to conduct Testing has been granted or sub-contracted. |
The Testing Authority always remains ultimately responsible under the Code for compliance with the requirements of the International Standard for Testing and Investigations relating to collection of Samples . |
Sample Collection Session: All of the sequential activities that directly involve the Athlete from the point that initial contact is made until the Athlete leaves the Doping Control Station after having provided their Sample(s) . |
Testing Authority: The Anti-Doping Organization that authorizes Testing on Athletes it has authority over. |
It may authorize a Delegated Third Party to conduct Testing pursuant to the authority of and in accordance with the rules of the Anti-Doping Organization. |
Such authorization shall be documented. |
The Anti-Doping Organization authorizing Testing remains the Testing Authority and ultimately responsible under the Code to ensure the Delegated Third Party conducting the Testing does so in compliance with the requirements of the International Standard for Testing and Investigations. |
Unsuccessful Attempt Report: A detailed report of an unsuccessful attempt to collect a Sample from an Athlete in a Registered Testing Pool or Testing pool setting out the date of the attempt, the location visited, the exact arrival and departure times at the location, the steps taken at the location to try to find the Athlete (including details of any contact made with third parties), and any other relevant details about the attempt. |
Whereabouts Filing: Information provided by or on behalf of an Athlete in a Registered Testing Pool (or Testing pool if applicable) that sets out the Athlete’s whereabouts during the following quarter, in accordance with Article 4.8. |
3.3 Defined Terms from the International Standard for Laboratories Athlete Passport Management Unit (APMU): A unit composed of a Person or Persons that is responsible for the timely management of Athlete Biological Passports in ADAMS on behalf of the Passport Custodian. |
Confirmation Procedure (CP): An Analytical Testing Procedure that has the purpose of confirming the presence and/or, when applicable, confirming the concentration/ratio/score and/or establishing the origin (exogenous or endogenous) of one or more specific Prohibited Substances , Metabolite(s) of a Prohibited Substance , or Marker(s) of the Use of a Prohibited Substance or Prohibited Method in a Sample . |
Independent Witness: A Person , invited by the Testing Authority, the Laboratory or WADA to witness parts of the Analytical Testing process. |
The Independen t Witness shall be independent ISRM – January 2023 Page 14 of 54 of the Athlete and his/her representative(s), the Laboratory, the Sample Collection Authority, the Testing Authority / Results Management Authority or WADA , as applicable. |
The Independent Witness may be indemnified for his/her service. |
Laboratory(ies): (A) WADA -accredited laboratory(ies) applying Test Methods and processes to provide evidentiary data for the detection and/or identifica tion of Prohibited Substances or Prohibited Methods on the Prohibited List and, if applicable, quantification of a Threshold Substance in Samples of urine and other biological matrices in the context of Doping Control activities. |
Laboratory Documentation Package: The material produced by the Laboratory to support.an analytical result such as an Adverse Analytical Finding as set forth in the WADA Technical Document for Laboratory Documentation Packages (TD LDOC). |
Limit of Quantification (LOQ): Analytical parameter of assay technical performance. |
Lowest concentration of an Analyte in a Sample that can be quantitatively determined with acceptable precision and accuracy (i.e., acceptable Measurement Uncertaint y) under the stated test conditions Threshold Substance: An exogenous or endogenous Prohibited Substance , Metabolite or Marker of a Prohibited Substance for which the identification and quantitative determination (e.g., concentration, ratio, score) in excess of a pre-determined Decision Limit , or, when applicable, the establishment of an exogenous origin, constitut es an Adverse Analytical Finding . |
Threshold Substances are identified as such in the Technical Document on Decision Limits (TD DL). |
3.4 Defined Term from the International Standard for Therapeutic Use Exemptions Therapeutic: Of or relating to the treatment of a medical condition by reme dial agents or methods; or providing or assisting in a cure. |
3.5 Defined Term from the International Standard for Protection of Privacy and Personal Information Personal Information: Information, including without limitation Sensitive Personal Information, relating to an identified or identifiable Participant or relating to other Person whose information is Processed solely in the context of an Anti-Doping Organization’s Anti-Doping Activities. |
[Comment to Personal Information: It is understood that Personal Information includes, but is not limited to, information relating to an Athlete’s name, date of birth, contact details and sporting affiliations, whereabouts, designated TUEs (if any), anti-doping test results, and Results Management (including disciplinary hearings, appeals and sanctions). |
Personal Information also includes personal details and contact information relating to other Persons, such as medical professionals and other Persons working with, treating or assisting an Athlete in the context of Anti-Doping Activities. |
Such information remains Personal Information and is ISRM – January 2023 Page 15 of 54 regulated by this International Standard for the entire duration of its Processing, irrespective of whether the relevant individual remains involved in organized sport.] |
3.6 Defined Terms Specific to the International Standard for Results Management Adaptive Model: A mathematical model designed to identify unusual longitudinal results from Athlete s. The model calculates the probability of a longitudinal profi le of Marker values assuming that the Athlete has a normal physiological condition. |
Athlete Biological Passport Documentation Package: The material compiled by the Athlete Passport Management Unit to support an Adverse Passport Finding such as, but not limited to, analytical data, Expert Panel comments, evidence of confoun ding factors as well as other relevant supporting information. |
Athlete Passport Management Unit Report: A report maintained by the Athlete Passport Management Unit, available in the Athlete ’s Passport in ADAMS , that provides a comprehensive summary of the Expert(s) review(s) and recommenda tions for effective and appropriate follow-up Testing by the Passport Custodian. |
Expert: The Expert(s) and/or Expert Panel, with knowledge in the conc erned field, chosen by the Anti-Doping Organization and/or Athlete Passport Management Unit, are responsible for providing an evaluation of the Passport. |
The Expert must be ext ernal to the Anti-Doping Organization . |
Failure to Comply: A term used to describe anti-doping rule violations under Code Articles 2.3 and/or 2.5. |
Filing Failure: A failure by the Athlete (or by a third party to whom the Athlete has delegated the task) to make an accurate and complete Whereabouts Filing t hat enables the Athlete to be located for Testing at the times and locations set out in the Whereabouts Filing or to update that Whereabouts Filing where necessary to ensure that it remai ns accurate and complete, all in accordance with Article 4.8 of the International Standard for Testing and Investigations and Annex B.2 of the International Standard for Results Management . |
Hearing Process: The process encompassing the timeframe between the referral of a matter to a hearing panel or tribunal until the issuance and notificat ion of a decision by the hearing panel (whether at first instance or on appeal). |
Missed Test: A failure by the Athlete to be available for Testing at the location and time specified in the 60-minute time slot identified in their Wherea bouts Filing for the day in question, in accordance with Article 4.8 of the International Standard for Testing and Investigations and Annex B.2 of the International Standard for Results Management . |
Passport: A collation of all relevant data unique to an individual Athlete that may include longitudinal profiles of Markers , heterogeneous factors unique to that particular Athlete and other relevant information that may help in the evaluation of Markers. |
ISRM – January 2023 Page 16 of 54 Passport Custodian: The Anti-Doping Organization responsible for Result Management of the Athlete ’s Passport and for sharing any relevant information associated to that Athlete’s Passport with other Anti-Doping Organization(s) . |
Results Management Authority: The Anti-Doping Organization responsible for conducting Results Management in a given case. |
Whereabouts Failure: A Filing Failure or a Missed Test. |
3.7 Interpretation 3.7.1 The official text of the International Standard f o r Results Management shall be published in English and French. |
In the event of any conflict b etween the English and French versions, the English version shall prevail. |
3.7.2 Like the Code , the International Standard for Results Management has been drafted giving consideration to the principles of proportionality, huma n rights, and other applicable legal principles. |
It shall be interpreted and applie d in that light. |
3.7.3 The comments annotating various provisions of the International Standard for Results Management shall be used to guide its interpretation. |
3.7.4 Unless otherwise specified, references to Sections and Articles are references to Sections and Articles of the International Standard for Results Management . |
3.7.5 Where the term “days” is used in the International Standard for Results Management , it shall mean calendar days unless otherwise specified. |
3.7.6 The Annexes to the International Standard for Results Management have the same mandatory status as the rest of the International Standard . |
ISRM – January 2023 Page 17 of 54 PART TWO: RESULTS MANAGEMENT – GENERAL PRINCIPLES 4.0 General Principles 4.1 Confidentiality of Results Management Save for disclosures, including Public Disclosure , that are required or permitted under Code Article 14 or this International Standard , all processes and procedures related to Results Management are confidential. |
4.2 Timeliness In the interest of fair and effective sport justice, anti-dopin g rule violations should be prosecuted in a timely manner. |
Irrespective of the type of anti-doping rul e violation involved, and save for cases involving complex issues or delays not in the control of the Anti-Doping Organization (e.g., delays attributable to the Athlete or other Person ), Anti-Doping Organizations should be able to conclude Results Management (including the Hearing Process at first instance) within six (6) months from the notification as per Article 5 below. |
[Comment to Article 4.2: The six (6) months’ period is a guideline, which may lead to consequences in terms of compliance for the Res ults Management Authority only in case of severe and/or repeated failure(s).] |
ISRM – January 2023 Page 18 of 54 PART THREE: RESULTS MANAGEMENT – PRE-ADJUDICATION 5.0 First Results Management Phase This Article 5 sets out the procedures applicable for the first Results Management phase as follows: Adverse Analytical Findings (Article 5.1), Atypical Findings (Article 5.2) and other matters (Article 5.3), which include potential Failures to Comply (Article 5.3.1 .1), Whereabouts Failures (Article 5.3.1.2) and Athlete Biological Passport cases (Article 5.3.1.3). |
The notification requirements in respect of matters falling under the scope of Article 5.3 are d escribed under Article 5.3.2. |
[Comment to Article 5: Where the anti-doping rules of a Major Event Organization provide for an expedited resolution of the limited Results Managem ent, the anti-doping rules of the Major Event Organization may provide that there will be only one notification to the Athlete or other Person. |
The content of the notification letter should reflect the provisions of Article 5 mutatis mutandis.] |
5.1 Adverse Analytical Findings 5.1.1 Initial Review Upon receipt of an Adverse Analytical Finding , the Results Management Authority shall conduct a review to determ ine whether (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions (Article 5.1.1.1), (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding (Article 5.1.1.2) and/or (c) it is apparent that the Adverse Analytical Finding was caused by an ingestion of the relevant Prohibited Substance through a permitted route (Article 5.1.1.3). |
5.1.1.1 Therapeutic Use Exemption 5.1.1.1.1 The Results Management Authority shall consult the Athlete’s records in ADAMS and with other Anti-Doping Organizations that might have approved a TUE for the Athlete (e.g., the National Anti-Doping Organization or the International Federation) to determine whether a TUE exists. |
[Comment to Article 5.1.1.1.1: As per the Prohibited List and the Technical Document for Decision Limits for the Confirmatory Quantification of Threshold Substances, the detection in an Athlete’s Sample at all times or In-Competition, as applicable, of any quantity of certain Threshold Substances (identified in the Prohibited List), in conjunction with a diuretic or masking agent, will be considered as an Adverse Analytical Finding unless the Athlete has an approved TUE for that substance in addition to the one granted for the diuretic or masking agent. |
Therefore, in the event of such detection, the Results Management Authority shall also determine whether the Athlete has an approved TUE for the detected Threshold Substance.] |
ISRM – January 2023 Page 19 of 54 5.1.1.1.2 If the initial review reveals that the Athlete has an applicable TUE, then the Results Management Authority shall conduct such follow up review as necessary to determine if the specific requirement s of the TUE have been complied with. |
5.1.1.2 Apparent Departure from International Standard for Testing and Investigations and/or International Standard for Laboratories The Results Management Authority must review the Adverse Analytical Finding to determine if there has been any departure from the International Standard for Testing and Investigations and/or the International Standard for Laboratories. |
This may include a review of the Laboratory Docum entation Package produced by the Laboratory to support the Adverse Analytical Finding (if available at the time of the review) and relevant Doping Control form(s) and Testing documents. |
5.1.1.3 Apparent Ingestion through Permitted Route If the Adverse Analytical Finding involves a Prohibited Substance permitted through (a) specific route(s) as per the Prohibited List , the Results Management Authority shall consult any relevant available documentation (e.g. |
Doping Control form) to determine whether the Prohibited Substance appears to have been administered through a permitted route and , if so, shall consult an expert to determine whether the Adverse Analytical Finding is compatible with the apparent route of ingestion. |
[Comment to Article 5.1.1.3: For the sake of clarity, the outcome of the initial review shall not prevent an Athlete from arguing that his Use of the Prohibited Substance came from a permitted route at a later stage of Results Management.] |
5.1.2 Notification 5.1.2.1 If the review of the Adverse Analytical Finding does not reveal an applicable TUE or entitlement to the same as provided in the International Standard for Therapeutic Use Exemptions , a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding or that it is apparent that the Adverse Analytical Finding was caused by an ingestion of the relevant Prohibited Substance through an authorized route, the Results Management Authority shall promptly notify the Athlete of: a) The Adverse Analytical Finding ; [Comment to Article 5.1.2.1 a): In the event that the Adverse Analytical Finding relates to salbutamol, formoterol, human chorionic gonadotrophin or another Prohibited Substance subject to specific Results Management requirements in a Technical Document, the Results Management Authority shall in addition comply with Article 5.1.2.2. |
The Athlete shall be ISRM – January 2023 Page 20 of 54 provided with any relevant documentation, including a copy of the Doping Control form and the Laboratory results.] |
b) The fact that the Adverse Analytical Finding may result in an anti-doping rule violation of Code Article 2.1 and/or Article 2.2 and the applicable Consequences ; [Comment to Article 5.1.2.1 b): The Results Management Authority should always refer to both Code Articles 2.1 and 2.2 in the notification and charge letter (Article 7) to an Athlete if the matter relates to an Adverse Analytical Finding. |
The Results Management Authority shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule violation exists and take such information into account in determining the applicable Consequences.] |
c) The Athlete’s right to request the analysis of the “B” Sample or, failing such request, that the “B” Sample analysis may be deemed irrevocably waived; [Comment to Article 5.1.2.1 c): The Results Management Authority may still request the “B” Sample analysis even if the Athlete does not request the “B” Sample analysis or expressly or impliedly waives their right to analysis of the “B” Sample. |
The Results Management Authority may provide in its anti-doping rules that the costs of the “B” Sample analysis shall be covered by the Athlete.] |
d) The opportunity for the Athlete and/or the Athlete’s representative to attend the “B” Sample opening and analysis in accordance with the International Standard for Laboratories; e) The Athlete’s right to request copies of the “A” Sample Laboratory Documentation Package which includes information as required by the International Standard for Laboratories; [Comment to Article 5.1.2.1 e): This request shall be made to the Results Management Authority and not the Laboratory directly. |
The Results Management Authority may provide in its anti-doping rules that the costs relating to the issuance of the Laboratory Documentation Package(s) shall be covered by the Athlete.] |
f) The opportunity for the Athlete to provide an explanation within a short deadline; g) The opportunity for the Athlete to provide Substantial Assistance as set out under Code Article 10.7.1, to admit t he anti-doping rule violation and potentially benefit from a one-year reduction in the period of Ineligibility ISRM – January 2023 Page 21 of 54 under Code Article 10.8.1 (if applicable) or to seek to enter into a case resolution agreement under Code Article 10.8.2; and h) Any matters relating to Provisional Suspension (including the possibility for the Athlete to accept a voluntary Provisional Suspension ) as per Article 6 (if applicable). |
5.1.2.2 In addition, in the event that the Adverse Analytical Finding relates to the Prohibited Substances set out below, the Results Management Authority shall: a) Salbutamol or Formoterol: draw the attention of the Athlete in the notification letter that the Athlete can prove, through a controlled pharmacokinetic study, that the Adverse Analytical Finding was the consequence of a Therapeutic dose by inhalation up to the maxim um dose indicated under class S3 of the Prohibited List. |
The Athlete’s attention shall in addition be drawn to the key guiding princip les for a controlled pharmacokinetic study and they shall be provided wit h a list of Laboratories, which could perform the controlled pharmacokineti c study. |
The Athlete shall be granted a deadline of seven (7) days to indicate whether they intend to undertake a controlled pharmacokinetic s tudy, failing which the Results Management Authority may proceed with the Results Management ; b) Urinary human chorionic gonadotrophin: follow the procedures set out at Article 6 of the 2019 Technical Document for the Reporting & Management of Urinary Human Chorionic Gonadotrophin (hCG) and Luteinizing Hormone (LH) Findings in Male Athletes (TD2019CG/LH) or any subsequent version of the Technical Document ; c) Other Prohibited Substance subject to specific Results Management requirements in a Technical Document or other document issued by WADA : follow the procedures set out in the relevant Technical Document or other document issued by WADA . |
5.1.2.3 The Results Management Authority shall also indicate the scheduled date, time and place for the “B” Sample analysis for the eventuality that the Athlete or Results Management Authority chooses to request an analysis of the “B” Sample ; it shall do so either in the notification letter described in Article 5.1.2.1 or in a subsequent letter promptly after the Athlete (or the Results Management Authority) has requested the “B” Sample analysis. |
[Comment to Article 5.1.2.3: As per Article 5.3.6.2.3 of the International Standard for Laboratories, the “B” Sample confirmation should be performed as soon as possible following the reporting of the “A” Sample Adverse Analytical Finding. |
The timing of the “B” Sample confirmation analysis may be strictly fixed in the short term with no postponement possible, when circumstances so justify it. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.