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]91 [Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. |
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hear -ing on the merits of the case. |
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule. |
]92 [Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories. |
]72 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESResults Management: The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).Sample or Specimen: Any biological material collected for the purposes of Doping Control .93Signatories: Those entities accepting the Code and agreeing to implement the Code , as provided in Article 23 of the Code .Specified Method: See Article 4.2.2.Specified Substance: See Article 4.2.2.Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault , Negligence , or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti-doping rule violation.Substance of Abuse: See Article 4.2.3Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statementor recorded interview all information he or she possesses in relation to anti-doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. |
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.Tampering: Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods . |
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample , affecting or making impossible the analysis of a Sample , falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control .94Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations .93 [Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups. |
It has been determined that there is no basis for any such claim. |
]94 [Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a for -eign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process. |
Tampering includes misconduct which occurs during the Results Manage -ment process. |
See Article 10.9.3.3. |
However, actions taken as part of a Person's legitimate defense to an anti-doping rule violation charge shall not be considered Tampering. |
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations. |
]IWF 2021 ANTI-DOPING RULES / 73Team Sport: A sport in which the substitution of players is permitted during a Competition .Technical Document: A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti-doping topics as set forth in an International Standard .Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in order to locate and Test the Athlete Out-of-Competition .Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to Use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete , Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.UNESCO Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October, 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method .WADA: The World Anti-Doping Agency.Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time-limited setting with the understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results Management proceeding under the Code, and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code. |
Such an agreement shall not preclude the Anti-Doping Organization, Athlete or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement. |
IWWF Anti Doping Rules 2021 Page 1 of 88 Pages International Waterski & Wakeboard Federation Anti-Doping Rules (Based upon the 2021 World Anti Doping Code) Accepted by the World Anti -Doping Agency September 2020 Approved by the IWWF Executive Board 21 September 2020 To be r atified by the IWWF C ongress of USA October 2021 These rules are in force from 1 January 2021 until further notice. |
IWWF Anti Doping Rules 2021 Page 2 of 88 Pages TABLE OF CONTENTS INTRODUCTION ..................................................................................................................................................... 3 PREFACE .......................................................................................................................................................... 3 FUNDAMENTAL RATIONALE FOR THE CODE AND IWWF' S ANTI-DOPING RULES .............................. 4 SCOPE OF THESE ANTI-DOPING RULES ..................................................................................................... 5 ARTICLE 1 DEFINITION OF DOPING .................................................................................................................. 6 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ..................................................................................................... 6 ARTICLE 3 PROOF OF DOPING ........................................................................................................................ 11 ARTICLE 4 THE PROHIBITED LIST .................................................................................................................... 14 ARTICLE 5 TESTING AND INVESTIGATIONS ..................................................................................................... 21 ARTICLE 6 ANALYSIS OF SAMPLES .................................................................................................................. 25 ARTICLE 7 RESULTS MANAGEMENT ............................................................................................................... 28 ARTICLE 8 RIGHT TO A FAIR HEARING ............................................................................................................ 33 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ............................................................ 36 ARTICLE 10 SANCTIONS ON INDIVIDUALS ........................................................................................................ 36 ARTICLE 11 CONSEQUENCES TO TEAMS ........................................................................................................... 54 ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST SPORTING BODIES ................................................... 55 ARTI CLE 13 RESULTS MANAGEMENT: APPEALS .............................................................................................. 57 ARTICLE 14 CONFIDENTIALITY AND REPORTING .............................................................................................. 62 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................................................................................. 68 ARTICLE 16 STATUTE OF LIMITATIONS ............................................................................................................. 70 ARTICLE 17 EDUCATION ................................................................................................................................... 70 ARTICLE 18 ADDIT IONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ..................................... 70 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF IWWF .................................................................. 71 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ............................................................. 72 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ........................... 73 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 73 ARTICLE 23 INTERPRETATION OF THE CODE .................................................................................................... 74 ARTICLE 24 FINAL PROVISIONS ........................................................................................................................ 75 APPENDIX 1 DEFINITIONS ............................................................................................................................. 78 IWWF Anti -Doping Rules 2021 Page 3 of 88 Pages INTERNATIONAL WATERSKI & WAKEBOARD FEDERATION ANTI -DOPING RULES INTRODUCTION Prefac e At the (then) International Water Ski Federation Congress held on September 18, 2003 in Howey on the Hills, Florida, USA, the International Waterski Federation (now International Waterski & Wakeboard Federation or “IWWF”) accepted to implement the World Anti-Doping Code (the 2004 Code). |
The revised 2009 and 2015 World Anti -Doping Code s (the “Code”) were accepted by the IWWF Executive Board and ratified at the IWWF Congress held in Calgary, Canada on 6th August 2009 and accepted by the IWWF Executive Board and ratified at the IWWF Congress in Milan in September 2015 respectiv ely. |
The World Anti -Doping Code 2021 (the “Code”) was accepted by the IWWF Executive Board in September 2020 and will be ratified at the IWWF Congress in Florida, USA October 20 21. |
These Anti -Doping R ules are adopted and implemented in accordance with IWWF’s responsibilities under the Code , and in furtherance of IWWF's continuing efforts to eradicate doping in towed watersports . |
These Anti- Doping Rules are sport rules governing the cond itions under which sport is played. |
Aimed at enforcing anti -doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws. |
They are not intended to be subject to or limited by any national requirements and legal s tandards applic able to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights. |
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules, which implement the Code, and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport. |
As provided in the Code , IWWF shall be responsible for conducting all aspects of Doping Control . |
Any aspect of Doping Control or anti -doping Education may be delegated by IWWF to a Delegated Third Party , howe ver, IWWF shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards , and these Anti -Doping Rules. |
IWWF shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code . |
Italicized terms used in these Anti -Doping Rules are defined in Appendix 1 Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Rules. |
IWWF Anti -Doping Rules 2021 Page 4 of 88 Pages Fundamental Rationale for the Code and IWWF 's Anti -Doping Rules Anti-doping programs are founded on the intrinsic value of sport. |
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents. |
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods . |
Anti-doping programs seek to maintain the integrity of sport in terms of re spect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world. |
The spirit of sport is the celebration of the human spirit, body and mind. |
It is the essence of Olympism and is reflecte d in the values we find in and through sport, including: • Health • Ethics, fair play and honesty • Athletes’ rights as set forth in the Code • Excellence in performance • Character and Education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect f or self and other Participants • Courage • Community and solidarity The spirit of sport is expressed in how we play true. |
Doping is fundamentally contrary to the spirit of sport. |
The International Waterski & Wakeboard Federation has long bee n committed to the sport of water skiing being carried out with the highest standards of excellence, ethics and the spirit of fair play. |
The Anti -Doping Program has included T esting at both World and Regional Championships under the auspices of the IWWF ov er the past sev eral years. |
Many World Cup and Professional E vents have also included Doping Controls as part of the competition. |
Many member National Federations also have conducted extensive Anti -Doping Programs. |
IWWF Anti -Doping Rules 2021 Page 5 of 88 Pages Scope of these Anti -Doping Rules These A nti-Doping Rule s shall apply to: (a) IWWF , including its board members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of its National Federations , including their board me mbers, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (c) the following Athletes , Athlete Support Personnel and other Persons : (i) all Athletes and Athlete Support Personnel who are members of IWWF or of any National Federation, or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues) ; (ii) all Athletes and Athlete Support Personnel who parti cipate in such capacity in Events , Competitions and other activities organized, convened, authorized or recognized by IWWF , or any National Federation , or by any member or affiliate organization of any National Federation (including any clubs, teams, assoc iations, or leagues) , wherever held; (iii) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of IWWF , or of any National Federation, or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues), for purposes of anti -doping; and (iv) Athletes who are not regular members of IWWF or of one of its National Federations but who want to be eli gible to compete in a particular International Event. |
Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti-Doping Rules, and to have submitted t o the authority of IWWF to enforce these Anti-Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these A nti-Doping Rules.1 1 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti -doping rule violation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method. |
Rather, such Person would only be subject to discipline for a vio lation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation). |
Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3 . |
Also, the obligation to require an employee to be bound by the Code is subject to applicable law. |
IWWF shall ensure that, as per Article 19 of these Anti -Doping Rules, any arrangements with their board members, directors, officers, and specified employees and volunteers, as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply with these Anti-Doping Rules, and agree on the IWWF ’s authority to solve the anti -doping cases.] |
IWWF Anti -Doping Rules 2021 Page 6 of 88 Pages Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti -Doping Rules, the following Athletes shall be considered to be International -Level Athletes for the purposes of the se Anti -Doping Rules, and, therefore, the specific provisions in these Anti -Doping Rules applicable to International -Level Athletes (e.g., Testing , TUEs, whereabouts, and Results Management ) shall apply to such Athletes : (a) Athletes who were eligible to participate as indi vidual Athletes in, or who finished in the top 10 places at, the most recently held bi ennial IWWF World Championship in the following sports divisions and Events : World Waterski Open Championships; World Disabled Championships; World Bare foot Open Champ ionships; World Cableski Open Championships; World Wakeboard (Boat) Open Championships; World Cable Wakeboard & Wakeskate Open Championships; World Waterski Racing Championships – Open Category; World Wakesurfing Championships – Open Category (b) Athletes who are qualified to participate in IWWF World Cup E vents ; and (c) Athletes who are part of the IWWF Registered Testing Pool . |
ARTICLE 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.1 1 of these Anti -Doping Rules. |
ARTICLE 2 ANTI -DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti -doping rule violations. |
Hearings in doping cases will proceed bas ed on the assertion that one or more of these specific rules have been violated. |
Athletes or other Persons shall be responsible for knowing what constitutes an anti -doping rule violation and the substances and methods which have been includ ed on the Prohibited List. |
IWWF Anti -Doping Rules 2021 Page 7 of 88 Pages The following constitute anti -doping rule violations: 2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample 2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bo dies. |
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples . |
Accordingly, it is not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation under Article 2.1. |
2 2.1.2 Sufficient proof of an anti -doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample ; or where the Athlete’s A or B Sample is split into two (2) parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample .3 2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document , the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti -doping rule violation. |
2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List, International Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances . |
2 [Comment to Article 2.1.1: An anti -doping rule violation is committed under this Article without regard to an Athlete’s Fault. |
This rule has been referred to in various CAS decisions as “Strict Liability”. |
An Athlete’s Fault is taken into consideration in determining the Consequences of this anti -doping rule violation under Article 10. |
This principle has consistently been upheld by CAS.] |
3 [Comment to Article 2.1.2: The Anti -Doping Organization with Results Management responsibility may, at its discretion, choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.] |
IWWF Anti -Doping Rules 2021 Page 8 of 88 Pages 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method 4 2.2.1 It is the A thletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used. |
Accordingly, it is not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s part be demonstrated in order to establ ish an anti -doping rule violation for Use of a Prohibited Substance or a Prohibited Method . |
2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. |
It is sufficient that the Prohibited Sub stance or Prohibited Method was Used or Attempted to be Used for an anti -doping rule violation to be committed.5 2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete Evading Sample collection; or refusing or failing to submit to Sample collecti on without compelling justification after notification by a duly authorized Person .6 2.4 Whereabouts Failures by an Athlete Any combination of three (3) missed tests and/or filing failures, as defined in the International Standard for Results Management , within a twelve (12) month period by an Athlete in a Registered Testing Pool. |
2.5 Tampering or Attempted Tampering with any part of Doping Control by an Athlete or Other Person 4 [Comment to Article 2.2: It has always been the case that Use or Attem pted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. |
As noted in the Comment to Article 3.2, unlike the proof required to establish an anti -doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirements to establish “Presence” of a Prohibited Substance under Article 2.1. |
For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (wi thout confirmat ion from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti -Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.] |
5 [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part. |
The fact that intent may be required to prove this particular anti -doping rule violation does not undermine the Strict Liability principl e established f or violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method. |
An Athlete’s Use of a Prohibited Substance constitutes an anti -doping rule violation unless such substance is not prohibited Out -of-Competition and the Athlete’s Use takes place Out -of-Competition. |
(However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In- Competition is a violation of Article 2.1 regardless of when that substance might have been administered. )] |
6 [Comment to Article 2.3: Error! |
Main Document Only. |
For example, it would be an anti -doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a D oping Control official to evade notification or Testing. |
A violation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of t he Athlete, while “evading” or “refusing” Sample collection contempl ates intentional conduct by the Athlete.] |
IWWF Anti -Doping Rules 2021 Page 9 of 88 Pages 2.6 Possession of a Prohibited Substance or a Prohibited Me thod by an Athlete or Athlete Support Person 2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Out- of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with Article 4.4 or other acceptable justification. |
2.6.2 Possession by an Athlete Support Perso n In-Competitio n of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete , Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 or other acceptable justification. |
7 2.7 Trafficking or Attempted Trafficking in any Prohibited Subs tance or Prohibited Method by an Athlete or Other Person 2.8 Administration or Attempt ed Administration by an Athlete or Other Person to any Athlete In -Competition of any Prohibited Substance or Prohibited Method , or Administration or Attempted Administr ation to any Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method that is Prohibited Out-of-Competition 2.9 Complicity or Attempted Complicity by an Athlete or Other Person Assisting, encouraging, aiding, abetti ng, conspiring, covering up or any other type of intentional complicity or Attempted complicity involving an anti -doping rule violation, Attempted anti-doping rule violation or violation of Article 10.14.1 by another Person .8 7 [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or Possessing a Prohibi ted Substance for purposes of giving it to a friend or relative, except under justifi able medical ci rcumstances where that Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.] |
[Comment to Article 2.6.1 and 2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor carrying Prohi bited Substance s or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine auto-injector), or (b) an Athlete Possessing a Prohibited Substance or Prohibited Method for therapeutic reasons shortly prior to applying for and receiving a det ermination on a TUE.] |
8 [Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.] |
IWWF Anti -Doping Rules 2021 Page 10 of 88 Pages 2.10 Prohibited Association by an Athlete or Other Person 2.10.1 Association by an Athlete or other Person subject to the authority of an Anti -Doping Organization in a professional or sport-related capacity with any Athlete Support Person who: 2.10.1.1 If subject to the authority of an Anti-Doping Organization , is serving a period of Ineligibility ; or 2.10.1.2 If not subject to the authority of an Anti -Doping Organization and where Ineligibility has not been addressed in a Results Management process pursuant to the Code, has be en convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person. |
The disqualifying status of such Person shall be in force for the longer of six (6) years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or 2.10.1.3 Is serving as a front or intermediary for an individual described in Article 2.10.1.1 or 2.10.1.2. |
2.10.2 To establish a violation of Article 2.10, an Anti-Doping Organization must establish that the Athlete or other Person knew of the Athlete Support Person’ s disqualifying status. |
The burden shal l be on the Ath lete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 or 2.10.1.2 is not in a professional or sport -related capacity and/or that such association could not have been reasonably av oided. |
Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3 shall submit that information to WADA .9 9 [Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, phy sicians or other Athlete Support Personnel who are Ineligible on account of an anti -doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping. |
This also prohibits association with any other Athlete who is acting as a coach or Athlete Support Person while serving a period of Ineligibility. |
Some examples of the types of association which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescript ions; providing any bodily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative. |
Prohibited association need not involve any form of compensation. |
While Article 2.10 does not require the Anti -Doping Organization to notify the Athlete or other Person about the Athlete Support Person’s disqualifying status, such notice , if provided, would be important evidence to establish that the Athlete or other Person knew about the disqualifying status of the Athlete Support Person.] |
IWWF Anti -Doping Rules 2021 Page 11 of 88 Pages 2.11 Acts by an Athlete or Other Person to Discourage or Ret aliate Against Reporting to Authorities Where such conduct does not otherwise constitute a violation of Article 2.5: 2.11.1 Any act which threatens or seeks to intimidate another Person with the intent of discouraging the Person from the good -faith reporting of information that relates to an alleged anti -doping rule violation or alleged non- compliance with the Code to WADA , an Anti-Doping Organization, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an inve stigation for W ADA or an Anti -Doping Organization. |
2.11.2 Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged anti -doping rule violation or alleged non- compliance with the Code to WADA , an Anti-Doping Organization, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti -Doping Organization. |
For purposes of Article 2.11, retaliation, threatening and intimidation incl ude an act take n against such Person either because the act lacks a good faith basis or is a disproportionate response.10 ARTICLE 3 PROOF OF DOPING 3.1 Burdens and Standards of Proof IWWF shall have the burden of establishing that an anti -doping rule violation has occ urred. |
The standard of proof shall be whether IWWF has established an anti -doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. |
This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. |
Where these Anti -Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified 10 [Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect Persons who knowingly make false reports.] |
[Comment to Article 2.11.2: Retaliation would include, for example, actions that threaten the physical or mental well -being or economic interests of the reporting Persons, their families or associates. |
Retaliation would not include an Anti -Doping Organization asserting in good faith an anti -doping rule violation against the reporting Person. |
For purposes of Article 2.11, a report is not made in good faith where the Person making the report knows the report to be false.] |
IWWF Anti -Doping Rules 2021 Page 12 of 88 Pages facts or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.11 3.2 Methods of Establishing Facts and Presumptions Facts related to anti -doping rule violations m ay be established by any reliable means, including admissions.12 The following rules of proof shall be applicable in doping cases: 3.2.1 Analytical methods or Decision Limits approved by WADA after consultation within the relevant scientifi c community or which have been the subject of peer review are presumed to be scientifically valid. |
Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met or to rebut this presumption of scientific validity shall, as a c ondition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. |
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