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10.13.2.4 In Team Sports , where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearin g decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension 57 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organization to discover and develop facts sufficient to establish an anti -doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirmative action to avoid detection. |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
58 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.] |
ISA 2021 Anti -Doping Rules Page 41 of 67 No Athlete or other Person who has been declared Ineligible or is subj ect to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension, participate in any capacity in a Competition or activity (other than authorized anti -doping Education or rehabilitation programs) authorized or organized by any Signatory , Signator y's member organization, or a club or other member organization of a Signatory’s member organization, or in Competitions authorized or organized by any professional league or any international - or national -level Event organization or any elite or national -level sporting activity funded by a governmental agency. |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indi rectly to compete in (or accumulate points toward) a national championship or International Event , and does not involve the Athlete or other Person working in any capacity with Protected Persons . |
An Athlete or other Person subject to a period of Ineligib ility shall remain subject to Testing and any requirement by ISA to provide whereabouts information.59 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member organization of ISA ’s or other Signatory’s member organization during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility , or (2) the last one- quarter of the period of Ineligibility imposed.60 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the original period of Ineligibility . |
The new period of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
59 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligi ble Athletes cannot participate in a training camp, exhibition or practice organized by their National Federation or a club which is a member of that National Federation o r which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non- Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non- Signatory International Event organization or a non- Signatory national -level Event organization without tr iggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization described in this Article. |
Inel igibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a perio d of Ineligibility is prohibited from coaching or serving as an Athlete Support Per son in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance s tandard accomplished during a period of Ineligibility shall not be recognized by ISA or its National Federations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activ ity described in Article 10.14.1 other than training.] |
ISA 2021 Anti -Doping Rules Page 42 of 67 An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where an Athlete Supp ort Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension, ISA shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduced sanction as described in Article 10.5 or 10. |
6, some or all sport -related financial support or other sport -related benefits received by such Person will be withheld by ISA and its National Federations . |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports ) has been notified of an anti -doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate Target Testing of all members of the team during the Ev ent Period. |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition, with a ll resulting Consequences for the team and its members, including forfeiture of any medals, points and prizes. |
11.2.2 An anti -doping rule violation committed by a member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the t eam in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except as provided in Article 11.2.3. |
11.2.3 Where an Athlete who is a member of a team committed an anti -doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the team in any ot her Competition(s) in that Even t shall not be Disqualified unless the results of the team in the Competition(s) 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 violation. |
ARTICLE 12 SANCTIONS BY ISA AGAINST OTHER SPORTING BODIES When ISA becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rul es within that organization’s ISA 2021 Anti -Doping Rules Page 43 of 67 or body’s area of competence, ISA has the authority and may take the following additional disciplinary actions: 12.1 Exclude all, or some group of, members of that organization or body from specified future Events or all Events conducted within a specified period of time. |
12.2 Take additional disciplinary action s with respect to that organization’s or body’s recognition, the eligibility of their members to participate in ISA ’s activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. |
In such event: (a) all or some group of members of that organization or body may be banned fr om participation in any ISA activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to 20’000 U.S. |
Dollars . |
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12. |
2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. |
In such event , that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an a nti-doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount up to 10’000 U.S. |
Dollars . |
12.2.4 That organization or body has failed to make diligent efforts to keep ISA informed about an Athlete's whereabouts after r eceiving a request for that information from ISA. |
In such event , that organization or body may be fined in an amount up to 1’000 U.S. |
Dollars per Athlete , in addition to reimbursement of all of the ISA costs incurred in Testing that organization’s or body’ s Athletes . |
12.3 Withhold some or all funding or other financial and non- financial support to that organization or body . |
12.4 Oblige that organization or body to reimburse ISA for all costs (including but not limited to laboratory fees, hearing expens es and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organization or body . |
ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the 61 [Comment to Article 13: The object of the Code is to have anti -doping matters resolved through fair and transparent internal processes with a final appeal. |
Anti -doping decisions by Anti -Doping Organizations are made transparent in Article 14. |
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to appeal under Articl e 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
ISA 2021 Anti -Doping Rules Page 44 of 67 International Standards . |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not rai sed in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.62 13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.63 13.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within ISA’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in ISA ’s process.64 13.2 Appeals from Decisions Regarding Anti -Doping Rule Violations, Consequences, Provisional Suspensions, Implementation of Decisions and Authority A decision that an anti -doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti -doping rule viola tion, or a decision that no anti -doping rule violation was committed; a decision that an anti -doping rul e violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) months notice requirement for a retired Athlete to return to c ompetition under Article 5. |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code; a decision by ISA not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordance with the International Standard for Results Management ; a decision to impose, or lift, a Provisio nal Suspension as a result of a Provisional Hearing; ISA’s failure to comply with Article 7.4; a decision that ISA lacks authority to rule on an alleged anti -doping rule violation or its Consequences ; a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate, Consequences under Article 10.7.1; failure to comply with Articles 7.1.4 and 7.1.5 of the Code; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by ISA not to implement another Anti-Doping Organization’s decision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2. |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather fo r clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tamperi ng but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete i n the appeal.] |
63 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of ISA’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of ISA’s process (e.g., the Managing Board), then WADA may b ypass the remaining steps in ISA’s internal process and appeal directly to CAS.] |
ISA 2021 Anti -Doping Rules Page 45 of 67 13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from p articipation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In cases where Article 13.2.1 is not applicable, the decision may be appealed to a n appellate body, in accordance with rules adopted by the National Anti -Doping Organization having authority over the Athlete or other Person. |
The rules for such appeal shall respect the following principles: a timely hearing; a fair , impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person's own expense; and a timely, written, reasoned decision . |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases und er Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) ISA; (d) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effec t in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA. |
13.2.3.2 Appea ls Involving Other Athletes or Other Persons In cases under Article 13.2.2, the part ies having the right to appeal to the appel late body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) ISA; (d) the National Anti-Doping Orga nization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA. |
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and ISA shall also have the right to appeal to CAS with respect to the decision of the appe llate body. |
65 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.] |
ISA 2021 Anti -Doping Rules Page 46 of 67 Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti -Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ens ure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3. |
4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposi tion of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions by ISA pursuant to Article 12 may be appealed exclusively to CAS by the National Fe deration or other body . |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.66 13.3 Failure to Render a Timely Decision by ISA Where, in a particular case, ISA fails to render a decision with respect to whether an anti -doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if ISA had rendered a decision finding no anti -doping rule violation. |
If t he CAS hearing panel determines that an anti -doping rule violation w as committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by ISA.67 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions ISA shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti -Doping Organizations that would have been entitled to appeal under Article 13.2.3 as pr ovided under Article 14.2. |
66 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right t o cross appeal when an Anti -Doping Organization appeals a decision after the Athlete’s time for appeal has expired. |
This provision permits a full hearing for all parties.] |
67 [Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation and Results Management process, it is not f easible to establish a fixed time period for ISA to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with ISA and give ISA an opportunity to explain why it has not yet rendered a decision.] |
ISA 2021 Anti -Doping Rules Page 47 of 67 13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following s hall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the Anti-Doping Organization that had Results Management authority ; (b) If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty -one (21) days from receipt of the file to file an appeal to CAS. |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization. |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a r ight to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violations asserted against them shall occ ur as provided under Articles 7 and 14. |
If at any point during Results Management up until the anti -doping rule violation charge, ISA decides not to move forward with a matter, it must notify the Athlete or other Person, 68 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
ISA 2021 Anti -Doping Rules Page 48 of 67 (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Any notice under these Anti -Doping Rules shall be delivered or emailed by ISA to Athletes or other Persons . |
In addition to the notification by ISA , it shall also be the responsibility of the National Federation to notify the Athlete or other Person. |
If the notification takes place via National Federations , the National Federations shall confirm to ISA that they have delivered the notification to the At hlete or other Person. |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articl es 7 and 14, simultaneously with the notice to the Athlete or other Person. |
If at an y point during Results Management up until the anti -doping rule violation charge, ISA decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Pers on’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In -Competition or Out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory, and other information as required by the International Standard for Testing and Investigations and International Standard for Results Management . |
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the as serted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and f indings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter. |
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee, National Federation , and team in a Team Sport ) until ISA has made Public Disclosure as permitted by Article 14.3. |
14.1.6 Protection of Confidential Information by an Employee or Agent of the ISA ISA shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3. |
ISA shall ensure that its ISA 2021 Anti -Doping Rules Page 49 of 67 employees (whether permanent or otherwise), contractors, agents , consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosure of such confidential information. |
14.2 Notice of Anti -Dopin g Rule Violation or V iolations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Artic le 7.6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if appli cable, a justification for why the maximum potential sanction was not imposed. |
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