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28 6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means. |
Th is would include, f or example, reliable laboratory or other forensic testing conducted outside of WADA- accredited or approved laboratories. |
6.2 Purpose of Analysis of Samples and Data Samples and related analytical data or Doping Control information sha ll be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the m onitoring program described in Article 4.5 of the Code, or to assist ISA in profiling r elevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate anti -doping purpose.29 6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purposes , although no Sample may be used for research without the Athlete's written consent. |
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical 28 [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA. |
Violat ions of other Articles may be established using analytical results from other laboratories so long as the results are reliable.] |
29 [Comment to Article 6.2: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.] |
ISA 2021 Anti -Doping Rules Page 23 of 67 data or Doping Control information being traced back to a particular Athlete. |
Any r esearch involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code.30 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code, ISA shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations. |
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by ISA. |
Result s from any such analysis shall be reported to ISA and have the same validity and Consequences as any other analytical result.31 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time ISA notifies an Athlete that the Sample is the basis for an Article 2.1 anti-doping rule violation charge. |
If after such notification ISA wishes to conduct additional analysis on that Sample, it may do so with the consent of the Athlete or approval from a hearing body . |
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in a n Anti -Doping Rule Violation Charge After a laborat ory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and direct ed Sample collection or WADA. |
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti -Doping Organization that initiated and directed Sample collection or WADA, and shall be responsible for any follow -up Results Management . |
Any Sample storage or further analysis initiated by WADA or another Anti -Doping Organization shall be at WADA ’s or that organization's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
6.7 Split of A or B Sample Where WADA, an Anti-Doping Organization with Results Management authority , and/or a WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority ) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of t he split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed. |
30 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non- research purposes m ust also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Informati on.] |
31 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.] |
ISA 2021 Anti -Doping Rules Page 24 of 67 6.8 WADA’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without pri or notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization. |
Upon request by WADA, the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. |
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti -Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. |
After analysis and any investigation of a seized Sample or data, WADA may direct another Anti -Doping Or ganization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.32 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONA L SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner. |
7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti -Doping Organization that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti -Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti -doping rule violation). |
7.1.2 In circumstances where the rul es of a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of that country, or the National Anti -Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable Internat ional Federation. |
7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organization, or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results 32 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non- compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories. |
Where necessary, the laboratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non- compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences. ] |
ISA 2021 Anti -Doping Rules Page 25 of 67 Management . |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by ISA or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If ISA determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organizations . |
7.1.5 Other circumstances in which ISA shall take responsibility for conducting R esults Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code. |
7.1.6 WADA may direct ISA to conduct Results Management in particular circumst ances . |
If ISA refuses to conduct Results Management within a reasonable deadline set by WADA, such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person, that is willing to do so, to take Results Management responsibility in place of ISA or, if there is no such Anti-Doping Organization, any other Anti-Doping Organization that is willing to do so. |
In such case, ISA shall reimburse the costs and attorney's fee s of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non-compliance. |
7.2 Review and Notification Regarding Potential Anti -Doping Ru le Violations ISA shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management . |
7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, ISA shall refer to ADAMS and contact WADA and other relevant Anti -Doping Organizations to determine whether any prior anti -doping rule violation ex ists. |
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If ISA receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport F inding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method , ISA shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Articl e 7.2. |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the CAS Anti-Doping Division (CAS ADD ) that the violation is 33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by ISA, the internal review spec ified in these Anti-Doping Rules and the International Standard for Results Management must first be completed.] |
ISA 2021 Anti -Doping Rules Page 26 of 67 likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
The CAS ADD ’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete ’s assertion regarding a Contaminated Product shall not be appealable. |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti-Doping Rule Violations ISA may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8. |
An optional Provisional Suspension may be lifted at the discretion of ISA at any time prior to the CAS ADD ’s decision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after the imposition of the Provisional Suspension. |
The imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, may be appealed in an expedited process in accordance with Article 13.2. |
7.4.4 Voluntary Acceptance of Provis ional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample) or ten (10) days from the notice of any other anti -doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice. |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten ( 10) days from th e notice of the anti -doping rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4. |
2; provided, however, at any time after voluntarily accepting a Provisional Suspension, the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any credit for time previously served during the Provisional S uspension. |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the ISA 2021 Anti -Doping Rules Page 27 of 67 Athlete or ISA) does not confirm the A Sample analysis, then the Athlete shall not be subject t o any further Provisional Suspension on account of a violation of Article 2.1. |
In circumstances where the Athlete (or the Athlete's team ) has been removed from an Event based on a violation of Article 2.1 a nd the subsequent B Sample analysis does not conf irm the A Sample finding, then, if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Event , the Athlete or team may continue to take part in the Event . |
7.5 Results Management Decisions Results Management decisions or adjudications by ISA must not purport to be limited to a particular geographic area or the ISA’s sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti -doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of m edals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .34 7.6 Notification of Results Management Decisions ISA shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14 and in the International Standard for Results Management . |
7.7 Retirement from Sport35 If an Athlete or other Person retires while the ISA’s Results Management process is underway , ISA retains author ity to complete its R esults Management process. |
If an Athlete or other Person retires before any Result s Management process has begun, and ISA would have had R esults Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, ISA has authority to conduct R esults Management . |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, ISA shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Resul ts Management . |
34 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by ISA should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body f or an Event). |
Pursuant to Article 15, such decision and i ts imposition of Consequences shall have automatic effect in every sport in every country. |
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample tak en In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also D isqualified under Article 10.1. ] |
35 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying th e Athlete or other Person membership in a sports organization.] |
ISA 2021 Anti -Doping Rules Page 28 of 67 8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel ISA has delegated its Article 8 responsibilities (first instance hearings and decisions) to the CAS A nti-Doping Division (CAS ADD) . |
The procedural rules of the CAS ADD pertaining to the hearing of first instanc e shall apply and are deemed to be incorporated by reference to this clause. |
The CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1.2 Hearing Process 8.1.2.1 When ISA sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to the CAS ADD for hearing and adjudication, which shall be conducted in accordance with its procedural rules and the principles descri bed in Articl es 8 and 9 of the International Standard for Results Management . |
8.1.2.2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by CAS ADD .36 8.1.2.3 WADA, the National Federation and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing as observers. |
In any event, ISA shall keep them fully apprised as to the status of pending cas es and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the CAS ADD shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.2.2 ISA shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 36 [Comment to Article 8.1.2. |
2: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violat ion is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete's results or continued participation in the Event. |
]37 [Comment to Article 8.4: Nothing set out in Article 8.4 precludes the Athlete or other Person and ISA (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement and not any other ent ity with a right of appeal under the Code. |
]38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation. ] |
ISA 2021 Anti -Doping Rules Page 29 of 67 8.3.1 An Athlete or other Person against whom an anti -doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by ISA. |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty (20) days or the deadline otherw ise specified in the notice sent by the ISA asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation, and to have accept ed the proposed Consequences . |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the CAS ADD shall not be required. |
Instead ISA shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.3.4 ISA shall notify that decis ion to the Athlete or other Person and to other Anti -Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
ISA shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person, ISA (where it has Results Management responsibility in accordance with Article 7) and WADA, be heard in a single hearing directly at CAS.37 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In -Competition test au tomatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences , including forfeiture of any medals, points and prizes.38 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual resul ts obtained in that Event with all Consequences , 37 [Comment to Article 8.4: Nothing set out in Article 8.4 precludes the Athlete or other Person and ISA (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement a nd not any other entity with a right of appeal under the Code. |
]38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation. ] |
38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualifica tion of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation. ] |
ISA 2021 Anti -Doping Rules Page 30 of 67 including forfeiture of all medals, points and prizes, except as provided in Article 10.1.2. |
Factors to be included in considering whether to Disqualify other results in an Event might include, for example , the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .39 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competitions other than the Competition in which the anti -doping rule violation occurred were likely to have been affected by the Athlete's anti-doping rule violatio n. 10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1 The period of Ineligibility , subject to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti -doping rule violation does not involve a Specified Substance or a Specified Method , unless the Athlete or other Person can establish that the anti -doping rule violation was not intentional.40 10.2.1.2 The anti -doping rule violation involves a Specified Substance or a Specified Method and ISA can establish that the anti -doping rule violation was intentional. |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and manifestly disregarded that risk. |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In -Competition shall be rebuttably presumed to be not “ intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition. |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “ intentional ” if the substance is not a Specified Substance and 39 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships).] |
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