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During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training.
]42 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES 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 Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , IWF 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 IWF and its Member Federations .10.15 Automatic Publication of SanctionA mandatory part of each sanction shall include automatic publication, as provided in Article 14.3.ARTICLE 11CONSEQUENCES TO TEAMSArticle 11 intentionally left blank.ARTICLE 12SANCTIONS BY IWF AGAINST OTHER SPORTING BODIES12.1 Delegation of Authority to an Independent PanelThe IWF shall appoint an Independent Member Federations Sanctioning Panel (the “Independent Panel”), composed of no less than 5 members from outside of the organisation of the IWF, to have jurisdiction in all matters arising out of this Article 12, save those expressly reserved to other bodies.6112.2 General Principles Applicable to Member Federations Sanctioning Member Federations shall take all measures within the scope of their powers to implement 61 [Comment to Article 12.1: rules governing inter alia the functioning, appointment and renewal of the Independent Panel may be issued by the IWF in (a) separate document(s).
]IWF 2021 ANTI-DOPING RULES / 43these Anti-Doping Rules and ensure that their affiliated Athletes and other Persons comply with them.
As a matter of principle, the Member Federations are liable for the conduct of their affiliated Athletes or other Persons .
However, the Independent Panel should take into account the degree of fault or negligence of the Member Federation when determining the Member Consequences to be imposed in each case of a violation of this Article 12.6212.3 Categories of Violations and Applicable Sanctions12.3.1 Breach of a Member Federation’ s Obligation In the event that a Member Federation is found to have breached an obligation under these Anti-Doping Rules, including, without limitation, under Article 18 (but excluding the other violations under this Article 12), or failed to comply with any directive or request on anti-doping matters issued by the IWF, the Independent Panel may:a) impose Member Consequences on the Member Federation for a period of up to one (1) year; and/orb) impose a fine on the Member Federation of up to $50,000 USD; and/orc) withhold some or all funding or other non-financial support to the Member Federation .12.3.2 Multiple Anti-Doping Rule Violations by Athletes or Other Persons affiliated to a Member Federation Should four (4) or more violations of these Anti-Doping Rules sanctioned by IWF or Anti-Doping Organizations other than the Member Federation or its National Anti-Doping Organization have been committed by Athletes or other Persons affiliated to the Member Federation within a 12-month period63, the Independent Panel may, after taking into account both the seriousness of the underlying anti-doping rule violations and the gravity of the circumstances surrounding the case:a) impose Member Consequences on the Member Federation of a period of up to (4) years64; and/orb) fine the Member Federation up to $300,000 USD to be paid within 6 months from the receipt of the Independent Panel’s decision.
If the Member Federation fails to pay the fine within such deadline, further Member Consequences for an additional period of up to two years, or, if earlier, until the fine is settled in 62 [Comment to Article 12.2: whilst this Article 12 is based on the principle of “strict liability” whereby it is not necessary that intent, fault, negligence or other culpable oversight of the Member Federation be demonstrated by IWF in order to establish a violation, the Member Federation may, as part of the proceedings before the Independent Panel, submit evidences to establish that the Member Federation’s degree of fault or negligence was not significant in relation to the circumstances surrounding the underlying anti-doping rule violations.
In such case, the Independent Panel should consider and appreciate any such attenuated degree of fault or negligence as a mitigating factor when determining the applicable Member Consequences.
For the avoidance of doubt, the Member Federation shall bear the burden of estab -lishing any attenuating circumstance in relation to the Member Federation’s degree of fault or negligence.
]63 [Comment to Article 12.3.2: for the purpose of determining whether four or more violations of these Anti-Doping Rules have occurred within a 12-month period, the date of the Adverse Analytical Finding or the date on which another an -ti-doping rule violation has occurred shall be considered.
]64 [Comment to Article 12.3.2: if the Independent Panel considers that a violation of this Article 12.3.2 is severe (due to the number of violations, the substances involved, the level of fault of the perpetrators, the fact that the violations were committed by Athlete Support Personnel, etc.
), then appropriate Member Consequences (including the exclusion of the Member Federation’s Athletes and Officials from participation in any IWF Events, or the possibility for the Athletes to participate exclusively in a neutral capacity) and/or a fine should be imposed, in order to promote behavioral change within the sanctioned Member Federation’s sphere of influence, and to maintain public confidence in the integrity of the sport and that of IWF’s Events.
]44 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESfull, may be imposed by the Independent Panel on the Member Federation concerned.
For the avoidance of doubt, the fine remains due to IWF after the further Member Consequences have been fully served.12.3.2.1 Where there is a violation of Article 12.3.2 and any of the relevant underlying anti-doping rule violations occurs on the occasion of, or in connection with, any edition of the Summer Olympic Games, the Independent Panel shall consider it as an aggravating factor in determining the sanction to be imposed on the Member Federation .12.3.2.2 If, after the imposition on a Member Federation of a sanction in respect of a violation of Article 12.3.2, a further anti-doping rule violation (under these Anti-Doping Rules) relevant for the purposes of that provision is found to have been committed within one calendar year, the Independent Panel shall have discretion to impose additional Member Consequences on the Member Federation .12.3.3 Automatic Sanction for Multiple Anti-Doping Rule Violations on the Occasion of the Olympic Games Should two or more Athletes or other Persons affiliated to a Member Federation be found to have committed a violation of these Anti-Doping Rules giving rise to a period of Ineligibility of four years or more on the occasion of an edition of the Summer Olympic Games (including following further analyses of Samples ), the Member Federation shall be automatically prevented from recommending, entering and/or proposing affiliated Athletes and other Persons for participation in the next ensuing Summer Olympic Games following the final decision imposing the (first two) relevant sanctions (and shall take all necessary measures to prevent such participation), without prejudice to any other sanction that may be imposed in accordance with these Anti-Doping Rules.12.4 Principles Applicable to Violations of Articles 12.3.1 and 12.3.212.4.1 The fact that a Member Federation has previously been sanctioned for a violation of Articles 12.3.1 and/or 12.3.2 may be considered as an aggravating factor in the assessment of the relevant sanction for a subsequent violation of any of these Articles.12.4.2 If Member Consequences are imposed on a Member Federation while the Member Federation is already serving prior Member Consequences , the application and effects of the ensuing Member Consequences imposed shall only start to run at the end of the ongoing Member Consequences .
For the avoidance of doubt, the new period of Member Consequences shall only start running once all of the periods of the sanctions related to the prior Member Consequences (where different periods have been imposed by the Independent Panel) have been duly served by the Member Federation .12.5 Additional Fines 12.5.1 Automatic Fines for Anti-Doping Rule Violations Without prejudice to the Financial Consequences imposable on an Athlete or IWF 2021 ANTI-DOPING RULES / 45other Person under Article 10.12, for each anti-doping rule violation found by IWF against an Athlete or other Person affiliated to a Member Federation , the Athlete’ s or other Person’ s Member Federation shall automatically pay a fine of $5,000 USD together with the analysis costs of the test and all other costs incurred in connection with the violation (provided, however, that the costs incurred in connection with such violation have not been already recovered under Article 10.12.1, lett.
(a)).
The Member Federation shall pay the fine and costs within thirty (30) days of the date on which IWF demands such payment.
If the Member Federation fails to pay within such deadline, it shall be prevented from entering any Athletes in IWF Events until it has paid the due amount in full.12.5.2 General Principles Applicable to Fines Imposed under Article 12.3.1 and 12.3.2 As a matter of principle, any fine imposed and collected under Articles 12.3.1 and 12.3.2 will be used by IWF towards the reinforcement of the IWF anti-doping programme, including, without limitation, to cover any costs or fees associated with investigations, anti-doping rules violations, Education initiatives and/or to conduct further Testing including, where feasible and appropriate, on Athletes affiliated to the sanctioned Member Federation .
In any event, IWF should keep detailed financial records on the use of the funds collected from fines imposed on Member Federations under these Anti-Doping Rules and in accordance with applicable laws.12.6 Conditional Suspension or Lifting of Member Consequences and Delegation to an Independent Monitoring Group12.6.1 At the discretion of the Independent Panel, an appropriate portion up to a maximum of fifty percent of the Member Consequences (including any fine) imposed upon the Member Federation may be conditionally lifted provided that the Member Federation undertakes to satisfy certain criteria aimed at assisting IWF in the fight against doping in sport defined at its discretion by the Independent Panel and meets them throughout the period of application of the Member Consequences imposed, or an appropriate period should a fine only have been imposed.
For the avoidance of doubt, any lifted period of Member Consequences or ban on team officials shall be applied to the end of the relevant period of Member Consequences or ban on team officials.
12.6.2 The IWF shall appoint an Independent Monitoring Group, composed of no less than 4 members from outside of the organization of the IWF, to monitor and rule on the compliance of a sanctioned Member Federation with the terms stipulated by the Independent Panel, where any decision thereof sets out conditions for suspending, lifting or eliminating a period of Member Consequences or other sanction based on the fulfilment of specific conditions by the sanctioned Member Federation .
12.6.3 The decisions of the Independent Monitoring Group as to the fulfilment of the eventual specific conditions determined by the Independent Panel may be appealed exclusively to CAS within twenty-one days from the date of receipt of the decision by the appealing party.46 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES12.7 Procedural Rules12.7.1 If the IWF is satisfied that a breach of Article 12 has occurred, it shall promptly notify the Member Federation .12.7.2 The notice shall include details of the alleged breach and shall give the Member Federation a reasonable deadline to respond.
The IWF will then transfer the file to the Independent Panel for adjudication.
The Independent Panel will render a decision on the basis of the written file, unless it considers in its entire discretion that exceptional circumstances require the holding of a hearing.6512.7.3 The Independent Panel may at any time and at its own discretion decide to impose provisional Member Consequences on the Member Federation pending a decision on the alleged breach, provided, however, that provisional Member Consequences may not be imposed unless the Member Federation is given an opportunity to provide written explanations either before the imposition of the provisional Member Consequences or on a timely basis after the imposition of the provisional Member Consequences .12.7.4 The decisions of the Independent Panel made in application of Article 12 may be appealed exclusively to CAS within twenty-one days from the date of receipt of the decision by the appealing party.12.7.5 For violations of Article 12.3.3 and for the automatic fines under Article 12.5.1, the procedure set out under this Article 12.7 shall not apply and the sanction shall be notified as soon as practicable to the Member Federation by the IWF.12.7.6 Any decision rendered by the Independent Panel against a Member Federation may be publicly disclosed by the IWF at its discretion.ARTICLE 13RESULTS MANAGEMENT: APPEALS6613.1 Decisions Subject to Appeal Decisions made under the Code or these Anti-Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the 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 65 [Comment to Article 12.7.2: further details on inter alia the functioning of, and procedure applicable to, the Independent Panel may be set out by IWF in (a) separate document(s).
]66 [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 Arti -cle 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 Article 13 does not include Athletes, or their federations, who might benefit from having another competitor Disqualified.
]IWF 2021 ANTI-DOPING RULES / 47expressly 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 raised 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.6713.1.2 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.6813.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under Article 13 and no other party has ap-pealed a final decision within IWF’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in IWF’s process.6913.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspension s, Recognition 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 violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule 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 competition under Article 5.6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by IWF 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 Provisional Suspension as a result of a Provisional Hearing ; IWF’s failure to comply with Article 7.4; a decision that IWF 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 IWF 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.
13.2.1 Appeals Involving International-Level Athletes or International Events In cases arising from participation in an International Event or in cases involving 67 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification.
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.
]68 [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.
]69 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of IWF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of IWF’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in IWF’s internal process and appeal directly to CAS.
]48 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESInternational-Level Athletes , the decision may be appealed exclusively to CAS.7013.2.2 Appeals Involving Other Athletes or Other Person s In cases where Article 13.2.1 is not applicable, the decision may be appealed to an 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 Person s Entitled to Appeal 13.2.3.1 Appeals Involving International-Level Athletes or International Events In cases under 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) IWF; (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 effect 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 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national-level appeal 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) IWF; (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 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 IWF shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body.
70 [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.
]IWF 2021 ANTI-DOPING RULES / 49 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 ensure 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 imposition 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 IWF pursuant to Article 12 may be appealed exclusively to CAS by the Member Federation or other party.7113.3 Failure to Render a Timely Decision Where, in a particular case, IWF 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 IWF had rendered a decision finding no anti-doping rule violation.
If the CAS Hearing Panel determines that an anti-doping rule violation was 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 IWF.
7213.4 Appeals Relating to TUE s TUE decisions may be appealed exclusively as provided in Article 4.4.
13.5 Notification of Appeal Decisions IWF 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 provided under Article 14.2.13.6 Time for Filing Appeals73 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty-one (21) days from the date 71 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to 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.
]72 [Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for IWF to render a decision before WADA may intervene by appealing directly to CAS.
Before taking such action, however, WADA will consult with IWF and give IWF an opportunity to explain why it has not yet rendered a decision.
]73 [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.
]50 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESof receipt of the decision by the appealing party.
The above notwithstanding, the following shall 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.n.
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 right to appeal could have appealed, or (b) Twenty-one (21) days after WADA ’s receipt of the complete file relating to the decision.13.7 Appeal Decisions pursuant to Article 12 Decisions by IWF pursuant to Article 12 may be appealed exclusively to CAS by the Member Federation or other party.ARTICLE 14CONFIDENTIALITY AND REPORTING14.1 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 Person s Notice to Athletes or other Persons of anti-doping rule violations asserted against them shall occur as provided under Articles 7 and 14.
IWF 2021 ANTI-DOPING RULES / 51 If at any point during Results Management up until the anti-doping rule violation charge, IWF decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ).
Notice shall be delivered or emailed to Athletes or other Persons .
In addition to the notification by IWF, it shall also be the responsibility of the Member Federation to notify the Athlete or other Person .
If the notification takes place via the Athlete or other Person’s Member Federation , the Member Federation shall confirm to IWF that they have delivered the notification to the Athlete or other Person .14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping Organization s 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 Articles 7 and 14, simultaneously with the notice to the Athlete or other Person .
If at any point during Results Management up until the anti-doping rule violation charge, IWF 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 under shall include: the Athlete 's or other Person’ 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 .
Notice of anti-doping rule violations other than under Article 2.1 shall include the rule violated and the basis of the asserted violation.14.1.4 Status Reports Except with respect to investigations which have not resulted in 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 findings 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 Person s with a need to know (which would include the appropriate personnel 52 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESat the applicable National Olympic Committee , Member Federation ,) until IWF has made Public Disclosure as permitted by Article 14.3.
14.1.6 Protection of Confidential Information by an Employee or Agent of the IWF IWF 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.
IWF shall ensure that its 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-Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request for Files14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 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 applicable, a justification for why the maximum potential sanction was not imposed.
Where the decision is not in English or French, IWF shall provide an English or French summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a copy of the full case file pertaining to the decision.
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a potential anti-doping rule violation, the Prohibited Substance or Prohibited Method and the nature of the violation involved, and whether the Athlete or other Person is subject to a Provisional Suspension may be Publicly Disclosed by IWF.
14.3.2 No later than twenty (20) days after it has been determined in a final appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility , or reprimand, has been imposed under Article 10.14.3, IWF must Publicly Disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed.
IWF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti-doping rule violations, including the information described above.74 74 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, IWF’s failure to make the Public Disclosure will not result in a determination of non-compliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.
]IWF 2021 ANTI-DOPING RULES / 5314.3.3 After an anti-doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, IWF may make public such determination or decision and may comment publicly on the matter.14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed .
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision.
IWF shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the IWF’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility .14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization , Member Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Athlete , other Person or their entourage or other representatives.14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor, Protected Person or Recreational Athlete .
Any optional Public Disclosure in a case involving a Minor, Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case.14.4 Statistical Reporting IWF shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA .
IWF may also publish reports showing the name of each Athlete tested and the date of each Testing .14.5 Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , IWF shall report to WADA through ADAMS Doping Control -related information, including, in particular:(a) Athlete Biological Passport data for International-Level Athletes and National-Level Athletes ,(b) Whereabouts information for Athletes including those in Registered Testing Pools ,(c) TUE decisions, and(d) Results Management decisions,as required under the applicable International Standard(s) .54 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biological Passport profiles are updated, IWF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations .
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs, IWF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for T herapeutic Use Exemptions .
14.5.3 To facilitate WADA’ s oversight and appeal rights for Results Management , IWF shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti-doping rule violations and related decisions for Adverse Analytical Findings ; (b) notifications and related decisions for other anti-doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension .
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete’s National Anti-Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Athlete .14.6 Data Privacy 14.6.1 IWF may collect, store, process or disclose personal information relating to Athletes and other Person s where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these Anti-Doping Rules, and in compliance with applicable law.14.6.2 Without limiting the foregoing, IWF shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti-Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Information, that their personal information may be processed by IWF and other Persons for the purpose of the implementation of these Anti-Doping Rules; (c) Ensure that any third-party agents (including any Delegated Third Party ) with whom IWF shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.
14.7 Means of NoticeAny notice given under these Anti-Doping Rules shall, in the absence of earlier or actual proof of receipt, be deemed to have been duly given as follows: (a) if delivered personally by hand against receipt, on the date of delivery; (b) if sent by post, seven calendar days after the date of posting; (c) if sent by email, immediately at the time at which it was sent.IWF 2021 ANTI-DOPING RULES / 55ARTICLE 15IMPLEMENTATION OF DECISIONS15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti-doping rule violation made by a Signatory Anti-Doping Organization , an appellate body (Article 13.2.2 of the Code) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon IWF and its Member Federations , as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decision by any of the above-described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hearing or expedited appeal offered in accordance with Article 7.4.3) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension .
15.1.1.2 A decision by any of the above-described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineligibility .
15.1.1.3 A decision by any of the above-described bodies accepting an anti-doping rule violation automatically binds all Signatories .15.1.1.4 A decision by any of the above-described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.15.1.2 IWF and its Member Federations shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date IWF receives actual notice of the decision or the date the decision is placed into ADAMS .
15.1.3 A decision by an Anti-Doping Organization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon IWF and its Member Federations without any further action required, on the earlier of the date IWF receives actual notice of the decision or the date the decision is placed into ADAMS .
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti-doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on IWF or its Member Federations unless the rules of the Major Event Organization provide the Athlete or other Person with an opportunity to an appeal under non-expedited procedures.7575 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Athlete or other Person chooses the expedited appeal option.
]56 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES15.2 Implementation of Other Decisions by Anti-Doping Organizations IWF and its Member Federations may decide to implement other anti-doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person .7615.3 Implementation of Decisions by Body that is not a Signatory An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by IWF and its Member Federations , if IWF finds that the decision purports to be within the authority of that body and the anti-doping rules of that body are otherwise consistent with the Code .77ARTICLE 16STATUTE OF LIMITATIONSNo anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.ARTICLE 17EDUCATIONIWF shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education .IWF may decide to request that Athletes complete Educational activities before and/or during their participation in select Events (e.g: Youth World Championships) as a condition of such participation.
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on IWF’s website.
Failure by an Athlete to complete Educational activities as requested by IWF may result in the imposition of sanctions under IWF's disciplinary rules and that Athlete may be declared 76 [Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 are implemented auto -matically by other Signatories without the requirement of any decision or further action on the Signatories’ part.
For example, when a National Anti- Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level.
To be clear, the “decision” is the one made by the National Anti-Doping Organization, there is not a separate decision to be made by the International Federation.
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti-Doping Organization.
Implementation of Anti-Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion.
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision.
The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.
]77 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, IWF, other Signatories and Member Federations should attempt to apply the decision in harmony with the principles of the Code.
For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Pro -hibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then IWF and all other Signatories should recognize the finding of an anti-doping rule violation and the Athlete’s National Anti-Doping Organization should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.
IWF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealable under Article 13.
]IWF 2021 ANTI-DOPING RULES / 57ineligible to compete in IWF Events by IWF, unless the Athlete provides to IWF a justification for such failure, which shall be assessed by IWF on a case by case basis.Upon request of IWF, the Member Federation hosting an IWF World Championship (Youth, Junior and Senior) shall be responsible for organising and/or supporting the organisation of at least one anti-doping Educational seminar in connection with the Event, under IWF's supervision and direction.
Any costs related to such educational activities shall be borne by the Member Federation .
Failure to do so may result in sanctions under Article 12 of these Anti-Doping Rules.ARTICLE 18ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER FEDERATIONS18.1 All Member Federations and their members shall comply with the Code, International Standards , and these Anti-Doping Rules.