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2021 IFA Anti -Doping Rules ( October 2020) Page 21 of 65 5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in IFA’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete ... |
WADA , in consultation with IFA and the Athlete's National Anti -Doping Organization , may grant an exemption to the six-month written notice rule where the strict application of that rule would be unfair to the Athlete . |
This decision may be appealed under Article 13. |
Any competitive results obtained in violation of this Article 5.6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Ev ent. |
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organization that imposed the period of Ineligibility in writing of such retirement. |
If the Athlete then wishes to return to active c ompetition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six -months prior written notice (or notice equivalent to the period of Ineligibility remaining as... |
5.7 Independent Observer Program IFA and the organizing committees for IFA’s Events , as well as the National Federations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events . |
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Ac credited, Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA -... |
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by IFA. |
26 6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means. |
This would i nclude, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories. |
26 [Comment to Article 6.1.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results f rom other laboratories so long as the results are reliable.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 22 of 65 6.2 Purpose of Analysis of Samples and Data Samples and related a nalytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directe... |
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete . |
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code .28 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , IFA shall ask laboratories to analyze Samples in conformity wit... |
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analy sis menu, or as requested by IFA. |
Results from any such analysis shall be reported to IFA and have the same validity and Consequences as any other analytical result.29 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional anal... |
If after such notification IFA wish es to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body. |
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti -Doping Rule Violat ion Charge After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violation charge, it may be stored and subjected to fur... |
28 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for qu ality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non -research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the Interna... |
29 Comment to Article 6.4: The objective of this Article is to ex tend the principle of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping are limit ed and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 23 of 65 that initiated and directed Sample collection or WADA . |
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a store d Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Management . |
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization shall be at WADA ’s or that organization's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
6.7 Split of A or B Sample Where WADA , an Anti-Doping Organization with Results Management authority, and/or a WADA - accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the spl... |
6.8 WADA ’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti- Doping Organization . |
Upon request by WADA , the laboratory or Anti-Doping Organi zation in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. |
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. |
After analysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.30 ARTICLE 7 RESULTS MANAGEMENT : R... |
7.1 Responsibility for Conducti ng Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated and directed Sam ple collection (or, if... |
30 [Comment to Articl e 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International St... |
Where necessary, the laboratory and/or the Anti -Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country.] |
[Comment to Arti cle 6.8: WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti -doping rule violation, non -compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti-doping rule violation or its Consequences.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 24 of 65 7.1.2 In circumstances where the rules of a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of... |
7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organization , or an anti-doping rule violation occurring during such Event , the case shall be referred by the Major Event Organiz... |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by IFA or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If IFA deter mines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti- Doping Organizations . |
7.1.5 Other circumstances in which IFA shall take responsibility for conducting Result s Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code . |
7.1.6 WADA may direct IFA to conduct Results Management in particul ar circumstances. |
If IFA refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non -compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or othe r Person , that is willing to do so, to take Results Management responsibil... |
In such case, IFA shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non -compliance. |
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations IFA shall carry out the review and notification with respect to any potential anti-doping rule violation in accordance with the International Standard for Results Management . |
7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti-doping rule violation as provided above, IFA shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule v... |
2021 IFA Anti -Doping Rules ( October 2020) Page 25 of 65 7.4 Provisional Suspensions 31 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If IFA receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse P... |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to IFA D oping Control Panel that the violation is likely to have involved a Contaminated Product, or (ii) the violation involves a Substance of Abuse and the Athlet e establishes entitlement to a reduced period of Ineligibili... |
IFA D oping Control Panel’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable. |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti -Doping Rule Violations IFA may impose a Provisional Suspension for anti -doping rule v iolations not covered by Article 7.4.1 prior to the analysis of the... |
An optional Provisional Suspension may be lifted at the discretion of IFA at any time prior to IFA D oping Control Panel’s de cision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension ; or ... |
The imposition of a Provisional Suspension , or the decision not to impose a Provisional Suspension, may be appealed in an expedited process in accordance with Article 13.2. |
7.4.4 Voluntary Acceptance of Provisional Suspens ion Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample ) or ten (10) days from the notice of 31 [Comment ... |
2021 IFA Anti -Doping Rules ( October 2020) Page 26 of 65 any other anti -doping ru le violation, or (ii) the date on which the Athlete first competes after such report or notice. |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) days from the notice of the anti-doping rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntar ily accepting a Provisional Suspension , the Athlete or other Person ... |
7.4.5 If a Provisional Suspen sion is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if requested by the Athlete or IFA) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of A... |
In circumstances where the Athlete or the Athlete's team has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Ev... |
7.5 Results Management Decisions Results Management decisions or adjudications by IFA must not purport to be limited to a particular geographic area or the IFA’s sport and shall address and determine without limitation the following issues: (i) whether an anti-doping rule violation was committed ... |
32 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by IFA should address whether an anti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. |
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In-Competition, the Athlete’s results obtained in the Compe tition would be Disqualified under Article 9 and all other competitive results obtained by the A... |
2021 IFA Anti -Doping Rules ( October 2020) Page 27 of 65 7.7 Retirem ent from Sport33 If an Athlete or other Person retires while the IFA’s Results Management process is underway, IFA retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Results Management process ha s begun, and IFA would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, IFA has authority to conduct Results Management . |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, IFA shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing pane l in compliance with the C... |
8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 8.1.1.1 IFA shall establish a Hearing Panel (IFA Doping Control Panel ) which has jurisdiction to hear and determine whether an Athlete or other Person , subject to these Anti -Doping Rules, has committed an anti -doping rule vio... |
8.1.1.2 IFA shall ensure that IFA D oping Control Panel is free of conflict of interest and that its composition, term of office, professional experience, Operational Independence and adequate financing comply with the requirements of the International Standard for Results Management . |
8.1.1.3 Board members, staff members, commission members, consultants and officials of IFA or its affiliates (e.g. |
National Federations or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter, cannot be appointed as members and/or clerks (to the extent that such c lerk is involved in the deliberation process and/or drafting of any decision) of IFA Doping Control Panel . |
In particular, no member shall have previously considered any TUE application, Results Management decision, or appeals in the same given case. |
8.1.1.4 The I FA Doping Control Panel shall consist of an independent Chair and up to four (4) other independent members. |
8.1.1.5 Each member shall be appointed by taking into consideration their requisite anti -doping experience including their legal, sports, medical 33 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti-Doping Organization w... |
2021 IFA Anti -Doping Rules ( October 2020) Page 26 of 65 and/or scientific expertise. |
Each member shall be appointed for a once renewable term of three (3) years. |
8.1.1.6 IFA Doping Control Panel shall be in a position to conduct the hearing and decision -making process without interference from IFA or any third party. |
8.1.2 Hearing Process 8.1.2.1 When IFA sends a notice to an Athlete or other Person notifying them of a potential anti-doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to the IFA Doping Co... |
8.1.2.2 The Chair shall appoint three (3) members (which may include the Chair) to hear that case. |
When hearing a case, one (1) panel member shall be a qualified lawyer, with no less than three (3) years of relevant legal experience, and one (1) panel member shall be a qualified medical practitioner, with no less than three (3) years of relevant medical experience. |
8.1.2.3 Upon appointment as a member of IFA Doping Control Panel , each member must also sign a declaration that there are no fact s or circumstances known to him or her which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the declaration. |
8.1.2.4 Hearings held in connection with Events in respect to Athletes and oth er Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by the IFA Doping Control Panel .34 8.1.2.5 WADA, the National Federation and the National Anti -Doping Organization of the A... |
In any event, IFA shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the IFA Doping Control Panel shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, th... |
34 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the... |
2021 IFA Anti -Doping Rules ( October 2020) Page 27 of 65 8.2.2 IFA shall notify that decision to t he Athlete or other Person and to other Anti- Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by IFA. |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that asse rtion within fifteen (15) days or the deadline otherwise specified in the notice sent by the IFA asserting the violation, then they shall be deemed to have waived a hearing, to have ad... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before IFA Doping Control Panel shall not be required. |
Instead IFA shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which i ncludes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification fo... |
8.3.4 IFA shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
IFA shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing B efore CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , IFA (where it has Results Management responsibility in accordance with Arti cle 7) and WADA , be heard in ... |
Where all of the parties identified in this Articl e are satisfied that their interests will be adequately protected in a single hearing, there is no need fo r the Athlete or Anti -Doping Organizations to incur the extra expense of two (2) hearings. |
An Anti -Doping Organization may participate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or other Person and IFA (where it has Results Management responsibility) to waive their right to appeal by agreement. |
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