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Proof of doping 374. |
The Prohibited List 415. |
Testing and investigations 486. |
Analysis of Samples 537. |
Results Management rules and responsibility 568. |
Results Management: hearing and notice of hearing decision 619. |
Automatic Disqualification of individual results 6310. |
Further sanctions for individuals 6311. |
Consequences to teams 8212. |
Sanctions against NF Members and other sporting bodies 8213. |
Results Management: appeals 8514. |
Confidentiality and reporting 9115. |
Implementation of decisions 9716. |
Statute of limitations 9917. |
Compliance reports 9918. |
Education 9919. |
Interpretation of the World Anti-Doping Code 9920. |
Definitions 100CHAPTER E PROCEDURES FOR THE INVESTIGATION AND PROSECUTION OF VIOLATIONS OF THE IBU INTEGRITY CODE1. |
Introduction 1142. |
Gathering and sharing intelligence 1143. |
Investigations 1154. |
Conduct of prosecutions by the BIU 1195. |
Notice of charge 1206. |
Provisional suspension 1207. |
Resolution of charges without a hearing 1228. |
Request for a hearing 1229. |
Sanctions 12310. |
Decisions 12511. |
Appeals 12512. |
Alternative procedure for minor violations 125INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 4VERSION 2021CHAPTER A INTRODUCTION1. |
Overview 1.1 Further to Articles 2.1.5 and 2.3 of th e Constitution, the IBU is comm itted to (inte r alia): 1.1.1 protecting the integrity of t he sport of Bia thlon by impleme nting the highes t standards of goo d governance and b y developing a nd enforcing a comprehensive a nd broadly app licable integrity code;... |
It is organ ised as foll ows:1.2.1 Chapte r B sets out a general Code of C onduct, incorpor ating (inter alia) gen eral obligatio ns of good conduct an d safeguarding rules.1.2.2 Chapter C sets out rules preventing t he manipulation of Bia thlon Compe titions.1.2.3 Chapter D sets out the IBU Anti-Doping Rules.1.2.... |
1.3 Subject to Article 1.4 of Cha pter C of this I ntegrity Code, thi s Integrity Cod e will come in to effect as from 19 October 2 019 (the Effective Date). |
It replace s and supersedes th e IBU Code of Eth ics and the anti-doping rul es and any other IBU rules in force prio r to the Effectiv e Date that cover the same sub-ject-matter as the IBU Integri ty Code (the Fo rmer Rules). |
It m ay be amende d by the Execut ive Board from time to time, on the recommendation of th e BIU Board, and subject to the ultim ate authority of Congress. |
Such amendments will come into effect on the date specified by the Executive Board.1.4 Transitiona l provisions:Subject to Art icle 1.4 of Cha pter C of this Integrity Code:1.4.1 This Int egrity Code wil l apply in ful l to all cases where the violation occurs aft er the Effect ive Date.1.4.2 Any ca se pending pri ... |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 5VERSION 20211.4.3 In any matter that concerns an a lleged violation of both t his Integrity Code and th e Former Rules arising out of the same incident o r set of facts, or wh ere there is a cl ear link betwee n separate incidents, the BIU will decide wheth er to p... |
E ither way, all such alleged viol ations will b e governed by the procedural rules of this Integ-rity Code, with any charges to be heard a nd decided by t he Disciplinary Tribunal as if such charges aro se solely and excl usively under t his Integrity Code.1.4.4 Violatio ns occurring prior to the Effective Date... |
Defined terms an d rules of inter pretation2.1 Unless othe rwise stated be low, this Integr ity Code is governed by and will be interpret ed in accord-ance with the laws of Austria and the rule s of interpr etation set o ut in Appendix 1 of the Consti tution. |
2.2 Unless othe rwise stated b elow, defined wo rds and terms used in this In tegrity Code (de noted by italics) have the meaning given to the m in the Constitution, and referenc es to Articles a re to Articles of the Chapter in whi ch the referenc e appears.3. |
Persons bound by this Integrity Code3.1 In accordance with Article 29.1 of the Cons titution, th is Integrity Co de applies automa tically to the following Persons (Participants): 3.1.1 persons w ho are, or are se eking to become ( whether by election or appoi ntment or otherwise), IBU Officials;3.1.2 IBU Memb ... |
3.2 If any part of this Integrity Cod e is stated to apply only to particul ar types or cat egories of Partici pant (e.g., only IBU Officials, or only Athletes ), then it w ill not appl y to other types or categories of Participant. |
If any part of this Integrity Co de is not stated to be limited in application in this way, th en it applies to all Participants.3.3 Office-holder s and staff of NF M embers are requi red to comply w ith this Integrit y Code whenever they are dealin g or interacting in any way with the IBU. |
Others Parti cipants are required to comp ly with this Integrity Code: (a) wheneve r they are acting in their capacity as such; and (b) at any other time where their conduct at such times refl ects upon the IBU and/or the sport of Biathlo n. 3.4 Participant s agree, by unde rtaking the a ctivity that ma kes them a Pa... |
Ignoran ce of the Integ rity Code w ill be no defence to procee dings for vi olation of the Integrity Code; 3.4.3 that the y will violate this Integrity Code:3.4.3.1 if the y fail to comply with any requi rement of this Integrity Code that is applic able to them; 3.4.3.2 if the y attempt, or ag ree with another ... |
Ho wever, there will be no violation if th e Participant renounces t he attempt or the (not yet per -formed) agreement prior to it being discovered by a thi rd party not involved in the attempt or agreement; or3.4.3.3 if they assist, encour age, aid, abet, conspir e, cover up or engage in any ot her type of intent... |
N othing in this In tegrity Code will limit or preju-dice in any wa y any right a rising under the Constitutio n or those other Rules to sa nction a Part icipant for breach of the obligations that the Participa nt owes to the I BU; 3.5.2 a criminal o ffence and/or a breach of oth er applicable laws or regulations. |
This Integrit y Code is in-tended not to replace but rat her to supple ment such laws and regulatio ns with further rules of c onduct for those involved in the sport of Biathlon. |
It s hould not be i nterpreted or applied to prejud ice or unde rmine in any way the appl ication of such laws o r regulations . |
Where it deems it appropriate, t he B IU may stay its own inves tigations or pro ceedings under t his Integrity Code pendin g the outcome o f investigatio ns or proceedings being conduc ted by other re levant authori ties or bodi es. |
However, the mere exi stence of another inve stigation or proce eding does not entitle the sub ject thereof to a stay of inv estigations or proceedings be ing carried out by the BIU under this Integrity Code;3.5.3 a breach by IBU Staff of the terms of the ir employment or engagement by the IBU. |
Where sub-stantive provisions of this I ntegrity Code are incorporated a s part of the employment c ontract or terms of engagement, t he IBU may enforc e them by enfo rcement of t he employment c ontract or t erms of en-gagement;3.5.4 a breach of the rules of an NF Memb er or other sporting organi sation. |
This Integrity Code is not intended to limit the responsibi lities of Parti cipants under suc h rules, but n othing in such rules will be effective to limit the application of this Integrity Code or to rem ove, supersed e or amend in any way the jurisdiction of the BIU, the Di sciplinary Tri bunal and the CA S arisin... |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 7VERSION 2021 4. |
Miscellaneous provisions4.1 The BIU will take appropriate measures to prevent and deter violations of this Integrity Code. |
In par -ticular, the BIU may introduce education programmes and monitoring mechanisms. |
4.2 If any part of this Integrity Code is ruled to be invalid, unenforceable, or illegal for any reason, that part will be deemed deleted, and the rest of this Integrity Code will remain in full force and effect. |
4.3 Save to the extent that disclosure and/or publication is provided for in this Integrity Code, or is oth-erwise in accordance with the law, all matters considered under this Integrity Code will, so far as practica-ble, be regarded as confidential and used only for the purposes of application and enforcement of this... |
It will be the responsibility of the NF Member to without delay (i) for -ward the notice to the Receiving Party, and (ii) inform the BIU of such notification. |
4.4.3 Any time-limits stated in this Integrity Code will begin on the working day after the day on which the Notifying Party sends the notification that triggers the time-limit. |
Official holidays and non-working days are included in the calculation of time-limits, save that if the last day of the time-limit falls on an official holiday or non-working day in the country where the party who is subject to the time-limit resides, then the last day of the time-limit will be deemed to be the next wo... |
A time-limit will be deemed to have been met if the notification is received before midnight Central European Standard Time on the last day of the specified time limit.4.5 In the event that any matter arises that is not provided for in this Integrity Code, the BIU may take such action as it considers appropriate in th... |
4.6 Minor technical irregularities will not invalidate the procedures or any decisions or findings made under this Integrity Code, so long as the principles of natural justice and procedural fairness are not infringed. |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 8VERSION 2021 CHAPTER B IBU CODE OF CONDUCT1. |
General obligations of good conduct, honesty and integrity1.1 In respect of all of their activities in the sport of Biathlon, Participants must: 1.1.1 comply with all applicable laws, rules and regulations;1.1.2 act in accordance with the highest standards of honesty and integrity;1.1.3 conduct themselves in a prof... |
Safeguarding the health and well-being of participants in the sport of Biathlon2.1 Participants must not at any time:2.1.1 commit any form of harassment or abuse of any person, whether of a physical, mental or sexual nature;2.1.2 do anything (by act or omission) that harms or risks harming the physical and/or mental... |
In consid-ering the ‘risk’ of harm, it is not necessary for conduct, or attempted or threatened conduct, to take place in the context of a Biathlon Competition. |
[Comment: For example, in the event that a Participant is arrested, cautioned, charged, or convicted in respect of an offence that concerns harm to another person outside the context of Biathlon, that may be deemed to give rise to a risk of harm to persons involved in the sport of Biathlon, and so to amount to a violat... |
For the avoidance of doubt, conduct that took place prior to the Effective Date may give rise to a risk of harm within the meaning of Article 2.1.2.] |
2.1.2.2 Abusive behaviour is always harmful, including:(a) physical abuse, which may involve hitting, shaking, throwing, poisoning, burning or scalding, biting, suffocating, or otherwise causing physical harm;(b) emotional abuse, i.e., persistent emotional ill-treatment such as to cause severe and persistent ad-ve... |
forcing or inappropriately enticing someone to become involved in sexual activities against their will. |
The BIU may issue guidance on what is and is not appropriate in this context.2.1.2.3 The Participant’s safeguarding duties are greater when dealing with children and young adults. |
Their status as children or young adults may make conduct inappropriate that might be appropriate if INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 9VERSION 2021 undertaken with mature adults. |
Their status as children or young adults is also likely to be treated as an aggravating factor when determining sanctions for any proven violation of these duties. |
The BIU may issue guidance on what is and is not appropriate in this context.3. |
Duty of loyalty 3.1 IBU Officials owe a duty of undivided loyalty to the IBU. |
They must make decisions (including as to how to vote on a specific motion) based solely on their independent and objective judgement, made in good faith, of what is in the best interests of the IBU and the IBU Members and the sport of Biathlon as a whole. |
They must not allow themselves to be influenced by and they must not seek to advance any conflicting interests.3.2 Where there is an actual, apparent, or potential conflict between the interests of the IBU and the personal interests of an IBU Official or of the relatives, friends or acquaintances of an IBU Official, t... |
3.2.1 Each IBU Official will file a biennial disclosure statement with the Head of the BIU in the form pre-scribed by the Head of the BIU, listing any actual, apparent or potential conflicts known to the IBU Official at that time. |
Each IBU Official will be under a continuing duty to update that statement in writing as and when changes or additions are required to ensure the disclosure remains accurate and complete. |
The Head of the BIU will maintain a register of such disclosures.3.2.2 If a conflict arises during a meeting, the IBU Official concerned must disclose the conflict to the Head of the BIU or the chair of the relevant meeting (even if it has already been declared in a disclosure statement). |
The Head of the BIU or the chair of the relevant meeting will: (a) advise the meeting of the conflict; and (b) cause the conflict to be recorded in the register maintained by the Head of the BIU (and, where applicable, in the minutes of the relevant meeting) if it has not been recorded there already.3.2.3 In every cas... |
Any waiver must be recorded in the register maintained by the Head of the BIU and, where applicable, in the minutes of the relevant meeting.3.3 IBU Officials must also disclose in the same manner any ‘institutional’ conflicts of interest, i.e. |
actual, apparent or potential conflicts between the interests of the IBU and the interests of an NF Member or other body with which the IBU Official is associated (whether by virtue of employment or otherwise). |
Such conflicts may not be waived. |
IBU Officials:3.3.1 may present the perspective of a particular stakeholder (such as an NF Member) or of any third party, where they consider it relevant to the matter at hand, but they must not pursue the interests of that stakeholder or third party in a manner that would conflict with their overriding duty to act in... |
by agreeing to vote in a particular manner in respect of a particular issue); and 3.3.3 must disclose to the Head of the BIU any matter that may reasonably be construed as impacting or potentially impacting upon their decision-making (e.g., side-agreements between NF Members, or financial support or loans given by one... |
The IBU Official will then comply with the decision of the Head of the BIU as to how to address the matter.3.4 Office-holders and staff of an NF Member, in their dealings with the IBU, including when representing the NF Member at Congress and/or otherwise deciding how to exercise the rights of the NF Member as an IBU ... |
They must not allow themselves to be influenced by and they must not seek to advance any conflicting interests, including the interests of any contractual partner of the IBU and/or of the NF Member.4. |
Protecting the integrity of the governance and administration of the sport of Biathlon4.1 IBU Officials (including, for these purposes, members of Competition Juries and members of Juries of Appeal) must: 4.1.1 not directly or indirectly solicit or accept from anyone, or offer to anyone, any form of undue re-munerati... |
Confidentiality5.1 IBU Officials must not disclose to any third party (whether for personal gain or otherwise) any infor -mation disclosed to them or otherwise learned by them in confidence in their capacity as IBU Officials or otherwise as a result of their IBU activities, unless (a) such disclosure is required by la... |
Candidacies6.1 This Article applies to any process by which Participants put themselves forward for election or ap-pointment to the Executive Board (including as President or Vice President), to the BIU Board, or to any Committee or other body. |
Each such process is referred to in this Integrity Code as a Candidacy, and each such person is referred to as a Candidate.6.2 Once they have decided to become a Candidate, whether or not they have officially declared their Candidacy, Candidates must abide by any rules issued or approved by Congress or the Executive B... |
Bidding7.1 This Article applies to any process by which Participants represent or otherwise support a bid for the INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 12VERSION 2021 grant by the IBU of hosting rights, commercial rights, and/or other rights in respect of a Congress or one or more International Events. |
Each such process is referred to herein as a Bid, and each such person is referred to herein as a Bidder.7.2 Bidders must abide by any bidding rules issued or approved by Congress or the Executive Board in respect of such Bid.7.3 IBU Officials who are not Bidders must:7.3.1 respect the integrity of the Bid process, ... |
Reporting and cooperation8.1 Participants must: 8.1.1 report to the BIU promptly, truthfully, completely and in good faith any information they possess that a reasonable person would consider might evidence or otherwise reflect:8.1.1.1 any approach or invitation received by any Participant (including themselves) to ... |
Save in exceptional circumstances, the BIU will not interfere with such resolution of the matter. |
][Comment 2 to Article 8.1.1.2: All reports should be made or confirmed in such form as may be decided by the BIU from time to time. |
Reports should be signed and dated by the person lodging the report and should include all available evidence.] |
8.1.2 cooperate promptly, truthfully, completely and in good faith with all investigations carried out by the BIU in relation to possible violations of this Integrity Code by the Participant and/or by others, includ-ing by answering any questions and providing access to any information, data and/or documentation reque... |
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