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The initial hearing body, appellate body or CAS, on its own initiative, may also inform WADA of any such challenge. |
Within ten (10) days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provide evidence in such proceeding. |
In cases before CAS, at WADA ’s request, the CAS panel shal l appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge.13 3.2.2 WADA -accredited laboratories, and other laboratories approved by WADA , are presumed to have conducted Sample analysis and custodial procedures in ac cordance with the International Standard for Laboratories. |
The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding . |
11 [Comment to Article 3.1: This standard of proof required to be met by IWWF is comparable to the standard which is applied in most countries to cases involving professional misconduct.] |
12 [Comment to Article 3.2: For example, IWWF may establish an anti -doping rule violation under Article 2.2 based on the Athlete’s admissions, the credible testim ony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete’s blood or urine Samples, such as data f rom the Athlete Biological Passport.] |
13 [Comment to Article 3.2.1: For certain Prohibited Substances, WADA may instruct WADA -accredited laboratories not to report Samples as an Adverse Analytical Finding if the estimated concentration of the Prohibited S ubstance or its Metabolites or Markers is below a Minimum Reporting Level. |
WADA’s decision in determining that Minimum Reporting Level or in determining which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to chall enge. |
Further, the laboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. |
In no event shall the possibility that the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitute a defense to an anti -doping rule violation based on the presence of that Prohibited Substance in the Sample. ] |
IWWF Anti -Doping Rules 2021 Page 13 of 88 Pages If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding .14 3.2.3 Departures from any other International Standard or other anti-doping rule or policy set forth in the Code or these Anti -Doping Rules shall no t invalidate analytical results or other evidence of an anti -doping rule violation, and shall not constitute a defense to an anti -doping rule violation;15 provided, however, if the Athlete or other Person establishes that a departure from one of the specifi c International Standard provisions listed below could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding or whereabouts failure, then IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the whereabouts failure: (i) a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an anti -doping rule violation based on an Adverse Anal ytical Finding , in which case IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ; (ii) a departure from the International Standard for Results Management or International Standard for Testing and Inve stigations related to an Adverse Passport Finding which could reasonably have caused an anti -doping rule violation, in which case IWWF shall have the burden to establish that such departure did not cause the anti -doping rule violation; (iii) a departure from the International Standard for Results Management related to the requirement to 14 [Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from th e International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. |
Thus, once the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is t he somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to IWWF to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adv erse Analytical Finding.] |
15 [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling, Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample openi ng – e.g., the International Standards for Education, Data Privacy or TUEs – may result in compliance proceedings by WADA but are not a defense in an anti-doping rule violation proceeding and are not relevant on the issue of whether the Athl ete committed an anti -doping rule violation. |
Similarly, IWWF ’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violation.] |
IWWF Anti -Doping Rules 2021 Page 14 of 88 Pages provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Findi ng, in which case IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ;16 (iv) a departure from the International Standard for Results Management related to Athlete notification which could reasonably hav e caused an anti -doping rule violation based on a whereabouts failure, in which case IWWF shall have the burden to establish that such departure did not cause the whereabouts failure. |
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice. |
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation bas ed on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing pane l or IWWF. |
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti- Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code . |
Unless provided otherwise in the Prohibited Li st or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA, without requiring any further action by IWWF or its National Federations. |
All Athletes and other Persons shal l be bound by the Prohibited List, and 16 [Comment to Article 3.2.3 (iii): IWWF would meet its bur den to establis h that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.] |
IWWF Anti -Doping Rules 2021 Page 15 of 88 Pages any revisions thereto, from the date they go into effect, without further formality. |
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up -to-date version of the Prohibi ted List and all revisions thereto. |
4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Me thods which are prohibited as doping at all times (both In-Competition and Out-of-Competition) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only. |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular subs tance or method.17 4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List . |
No Prohibited Method shall be a Specifie d Method unless it is specifically identified as a Specified Method on the Prohibited List .18 4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifical ly identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport. |
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Substances and Prohibited Methods that wi ll be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance , 17 [Comment to Article 4.2.1: Out -of-Competition Use of a substance which is only prohibited In- Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Sample collected In- Competition.] |
18 [Comment to Artic le 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods . |
Rather, they are simply substances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance. ] |
IWWF Anti -Doping Rules 2021 Page 16 of 88 Pages Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a maski ng agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport. |
4.4 Therapeutic Use Exemptions (“ TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions . |
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes as defined by IWWF in the scope of these Anti -Doping Rules shall apply to their National Anti -Doping Organization for a TUE. |
If the National Anti -Doping Organization denies the application, the Athlete may appeal exclusively to the national -level appeal body described in Article 13.2.2. |
4.4.2.2 Athletes who are International -Level Athletes shall apply to IWWF. |
4.4.3 TUE Recognition19 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization for the substance or method in question, and if that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions , then IWWF mu st recognize it for purposes of international -level Competition. |
If IWWF considers that the TUE does not meet those criteria and so refuses to recognize it, IWWF must notify the Athlete and the Athlete ’s National Anti -Doping Organization promptly, with reasons. |
The Athlete or the National Anti -Doping Organization shall have 19 [Comment to Article 4.4.3: If IWWF refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical r ecords or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. |
Instead, the file should be completed and re- subm itted to IWWF .] |
[Comment to Article 4.4.3: IWWF may agree with a National Anti -Doping Organization that the National Anti -Doping Organization will consider TUE applications on behalf of IWWF .] |
IWWF Anti -Doping Rules 2021 Page 17 of 88 Pages twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7. |
If the matter is referred to WADA for review, the TU E granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ) pending WADA’s decision. |
If the matter is not referred to WADA for review within the twenty -one (21) day deadline, the Athlete ’s National Anti -Doping Organization must determine whether the original TUE granted by that National Anti -Doping Organization should nevertheless remain valid for national -level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International -Level Athlete and does not participate in international -level Competition). |
Pending the National Anti -Doping Organization’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition).20 4.4.3.2 If IWWF chooses to test an Athlete who is not an International -Level Athlete , IWWF must recognize a TUE granted to that Athlete by their National Anti -Doping Organizat ion unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions . |
4.4.4 TUE Application Process 21 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti -Doping Organization for the substance or method in question, the Athlete must apply directly to IWWF. |
20 [Comment to Article 4.4.3.1: Further to Articles 5.7 and 7. |
1 of the International Standard for Therapeutic Use Exemptions, IWWF must publish and keep updated a notice on its website that sets out clearly (1) which Athletes under its authority are required to apply to it for a TUE, (2) which TUE decisions of other Anti-Doping Organizations it will automatically recognize in lieu of such application and (3) which TUE decisions of other Anti -Doping Organizations will have to be submitted to it for recognition . |
If an Athlete's TUE falls into a category of automatically recognized TUE s, then the Athlete does not need to apply to IWWF for recognition of that TUE. ] |
21 [Comment to Article 4.4.6: The submission of falsified documents to a TUEC or IWWF , offering or accepting a bribe to a Person to perform or fail to perform an act, procuri ng false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or Attempted Tamperi ng under Articl e 2.5. |
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.] |
IWWF Anti -Doping Rules 2021 Page 18 of 88 Pages 4.4.4.2 An application to IWWF for grant or recognition of a TUE must be made as soon as possible, save whe re Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply. |
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on IWWF’s website. |
4.4.4.3 IWWF e stablishes a Therapeutic Use Exemption Committee (“TUEC”) to consider applications for the grant or recognition of TUEs (a) The TUEC shall consist of a Chair and two (2) other members with experience in the care and treatment of Athletes and sound knowledge of clinical, sp orts and exercise medicine. |
Each appointed member shall serve a term of four (4) years. |
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration. |
The appointed members shall not be employees of IWWF. |
(c) Before considering a TUE application, each member shall disclose to the Chair any circumstances likely to affect their impartiality with respect to the Athlete making the application. |
If a member appointed by the Chair to consider an application is unwilling or unable to assess the Athlete ’s TUE application, for any reason, the Chair may appoint a replacement or appoint a new TUEC. |
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiali ty of the TUE decision.] |
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one (21) days of receipt of a complete application. |
Where the application is made in a reasonable time prior to an Event , the TUEC must use its best endeavors to issue its decision before the start of the Eve nt. |
4.4.4.5 The TUEC decision shall be the final decision of IWWF and may be appealed in accordance with Article 4.4.7. |
IWWF TUEC decision shall be notified in writing to the IWWF Anti -Doping Rules 2021 Page 19 of 88 Pages Athlete , and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions . |
It shall also promptly be reported into ADAMS . |
4.4.4.6 If IWWF (or the National Anti -Doping Organization, where it has agreed to consider the application on behalf of IWWF) denies the Athlete’s application, it must notify the Athlete promptly, with reasons. |
If IWWF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization. |
If the National Anti -Doping Organization considers that the TUE granted by IW WF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7. |
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by IWWF remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition) pending WADA’s decision. |
If the National Anti -Doping Organization does not refer the matter to WADA for review, the TUE granted by IWWF becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires. |
4.4.5 Retroactive TUE Applications If IWWF chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete , and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, IWWF must permit that Athlete to apply for a retroactive TUE . |
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn i f the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE ; (c) may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal. |
IWWF Anti -Doping Rules 2021 Page 20 of 88 Pages 4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accord ance with the TUE prior to the effective date of expiry, withdrawal, or reversal of the TUE . |
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortly after the TUE expiry , withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shall be asserted. |
4.4.7 Reviews and App eals of TUE Decisions 4.4.7.1 WADA must review IWWF ’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organization. |
In addition, WADA must revi ew IWWF ’s decis ion to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization. |
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. |
If the TUE decision being reviewed meets t he criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it. |
If the TUE decision does not meet those criteria, WADA will reverse it.22 4.4.7.2 Any TUE decision by IWWF (or by a National Anti-Doping Organization where it has agreed to consider the application on behalf of IWWF ) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti -Doping Organization, exclusively to CAS .23 22 [Comment to Article 4.4. |
7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 4.4. |
7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.] |
23 [Comment to Article 4.4. |
7.2: In such cases, the decision being appealed is the IWWF ’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. |
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. |
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal s o that it may p articipate if it sees fit.] |
IWWF Anti -Doping Rules 2021 Page 21 of 88 Pages 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organization and/or IWWF , exclusively to CAS . |
4.4.7.4 A failure to render a decision within a reasonable time on a properl y submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal. |
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations24 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose. |
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations. |
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 ( Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohi bited Method). |
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, IWWF shall have In -Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”). |
5.2.2 IWWF may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.25 24 [Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organization’s rules. |
See, e.g., Comment to Articl e 23.2.2 of the Code .] |
25 [Comment to Article 5.2.2: IWWF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories. |
Unless the Athlete has identified a sixty ( 60) minute Test ing window betw een the hours of 11:00 p.m. and 6 :00 a.m., or has otherwise consented to Testing during that period, IWWF will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping. |
A challenge to w hether IWWF had sufficient suspicion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.] |
IWWF Anti -Doping Rules 2021 Page 22 of 88 Pages 5.2.3 WADA shall hav e In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code . |
5.2.4 If IWWF delegates or contracts any part of Testing to a National Anti -Doping Organization directly or through a National Federation , that National Anti-Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organization’s expense. |
If additional Samples are collected or additional types of analysis are performed, IWWF shall be notified. |
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period . |
At International Events , IWWF (or other international organization which is the ruling body for an Event ) shall have authority to conduct Testing . |
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