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If the Athlete then wishes to return to active competition 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 (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to JJIF and to their National Anti -Doping Organization . |
5.7 Independent Observ er Program JJIF and the organizing committees for JJIF’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 . |
JJIF Anti -Doping Rules 25 | P a g e ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited, 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 -accredited laboratories or laboratories otherwise approved by WADA . |
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by JJIF. |
[Comment to Article 6.1: 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 from other laboratories so long as the results are reliable.] |
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 include, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories. |
6.2 Purpose of Analysis of Samples and Data Samples and related analytical 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 directed by WADA pursuant to the monitoring program described in Article 4.5 of the Code , or to assist JJIF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profilin g, or for any other legitimate anti -doping purpose. |
[Comment to Article 6.2: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.] |
6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purposes, although no Sample may be used for research without the Athlete's written consent. |
Samples and related analytic al 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 JJIF Anti -Doping Rules 26 | P a g e or Doping Control information shall adhere to the principles set out in Article 19 of the Code . |
[Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered re search. |
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 International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.] |
6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 o f the Code , JJIF shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations. |
Laboratories at their own initiative and expense may an alyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by JJIF. |
Results from any such analysis shall be reported to JJIF and have the same validity and Consequences as any other analytical result. |
[Comment to Article 6.4: The objective of this Article is to extend 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 limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.] |
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 analysis on a Sample prior to the time JJIF notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge. |
If after such notification JJIF wishes 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 Violation Charge After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charg e, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization 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 stored 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 JJIF Anti -Doping Rules 27 | P a g e 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 split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Labo ratories shall be followed. |
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 po ssession of a laboratory or Anti-Doping Organization . |
Upon request by WADA , the laboratory or Anti-Doping Organization 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. |
[Comment to Article 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 Standard for Laboratories. |
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. |
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 Signat ory 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.] |
ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti-doping rule violation matters in a fair, expeditious and efficient manner. |
JJIF Anti -Doping Rules 28 | P a g e 7.1 Responsibility for Conducting 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 Sample collection (or, if no Sample collection is involved, the Anti-Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti -doping rule violation). |
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 that country, or the National Anti -Doping Organization declines t o exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation. |
7.1.3 In th e 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 Organization to the applicable International Federation for completion of Results Management . |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be adm inistered by JJIF 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 JJIF determines a filing failure or a missed test, it shall sub mit 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 JJIF shall take responsibility for conducting Results 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 JJIF to conduct Results Management in particular circumstances. |
If JJIF 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 other Person , that is JJIF Anti -Doping Rules 29 | P a g e willing to do so, to take Results Management responsibility in place of JJIF or, if there is no such Anti-Doping Organization , any other Anti-Doping Organization that is willing to do so. |
In such case, JJIF shall reimburse the costs and att orney'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 Ant i-Doping Rule Violations JJIF 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 Violati ons Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, JJIF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule violation exists. |
7.4 Provisional Suspensions [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by JJIF, the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.] |
7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If JJIF receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method , it shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2. |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to either JJIF’s Hearing Panel or, to the Delegated Third Party in case JJIF has delegated its first instance hearing responsibilities to the latter , that the violation is likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
JJIF Anti -Doping Rules 30 | P a g e The decision of JJIF’s Hearing Panel or that of the Delegated Third Party, as the case may be, not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Conta minated 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 JJIF may impose a Provisional Suspension for anti -doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8. |
An optional Provisional Suspension may be lifted at the discretion of JJIF at any time prior to JJIF’s Hearing Panel ’s decision or the Delegated Third Party’s decision , as the case may be, 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 Susp ension ; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after the imposition of the Provisional Suspension. |
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 Suspension 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 any other anti -doping rule 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. |
JJIF Anti -Doping Rules 31 | P a g e Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and b e 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 voluntarily accepting a Provisional Suspension , the Athlete or other Person may withdraw such acceptance, in w hich event the Athlete or other Person shall not receive any credit for time previously served during the Provisional Suspension . |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athlete or JJIF) 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 Article 2.1. |
In circumstances where the Athlete has been remove d 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 to be reinserted, without otherwise affecting the Event , the Athlete may continue to take part in the Event . |
7.5 Results Management Decisions Results Management decisions or adjudications by JJIF must not purport to be limited to a particular geographic area or the JJIF’s sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti-doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences . |
[Comment to Article 7.5: Res ults Management decisions include Provisional Suspensions. |
Each decision by JJIF 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 Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ine ligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1. ] |
JJIF Anti -Doping Rules 32 | P a g e 7.6 Notification of Results Management Decisions JJIF shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management . |
7.7 Retirement from Sport If an Athlete or other Person retires while the JJIF’s Results Management process is underway, JJIF retains authority to complete its Results Management process. |
If an Athlete or othe r Person retires before any Results Management process has begun, and JJIF 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, JJIF has authority to conduct Results Management . |
[Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authority of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organization.] |
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, JJIF shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
JJIF may, at its sole discretion, delegate its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to a Delegated Third Party or to the CAS Anti -Doping Division (CAS ADD). |
If the procedural rules of the Delegated Third Pa rty or CAS ADD pertaining to the hearing of first instances differ from or supplement the below mentioned rules, the procedural rules of the Delegated Third Party or CAS ADD shall take precedence. |
However, the Delegated Third Party or CAS ADD shall always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
[Comment to Article 8: For example, if JJIF delegates first instance hearings to the CAS Anti -Doping Division (CAS ADD) for adjudication, the CAS ADD procedural rules shall take precedence wherever they differ or supplement the procedural rules contained in Article 8 of these Anti -Doping Rules.] |
JJIF Anti -Doping Rules 33 | P a g e 8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 8.1.1.1 JJIF shall establish a Hearing 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 violation and, if applicable, to impose relevant Consequences . |
8.1.1.2 JJIF shall ensure that the Hearing Panel is free of conflict of interest and that its composition, term of offi ce, 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 JJIF 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 clerk is involved in the delibera tion process and/or drafting of any decision) of the Hearing 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 Hearing Panel shall consist of a minimum of one (1) to a maximum of three (3) independent members , depending on the nature of the charge and the evidence put forward. |
The appointed member designated as chairperson shall determin e in his/her discretion the size and composition of a parti cular hearing panel to adjudicate an individual case. |
If a single adjudicator is appointed, he/she shall have a legal background. |
8.1.1.5 Each member shall be appointed by taking into consideration their requisite anti -doping experience including their l egal, sports, medical and/or scientific expertise. |
The member s of the Hearing Panel shall be appointed for a minimum of 2 years. |
One of the members shall be appointed as Chairman. |
8.1.1. |
6 The Hearing Panel shall be in a position to conduct the hearing and decision -making process without interference from JJIF or any third party. |
JJIF Anti -Doping Rules 34 | P a g e 8.1.2 Hearing Process 8.1.2.1 When JJIF 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 Hearing Panel for hearing and adjudication, which s hall be conducted in accordance with the principles described in Articles 8 and 9 of the International Standard for Results Management . |
8.1.2.2 The Chair man shall appoint one (1) or more members (which may include the Chair man) to hear that case. |
If a sin gle adjudicator is appointed he shall have a legal background . |
If more than 1 adjudicator is appointed, the presiding adjudicator shall have a legal background . |
8.1.2.3 Upon appointment by the Chair as a member of the Hearing Panel , each member must also sign a declaration that there are no facts 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 con nection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by the Hearing Panel . |
[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 validity of the Athlete's results or continued participation in the Event.] |
8.1.2.5 WADA, the National Federation and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing as observers. |
In any event, JJIF 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 Hearing Panel shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes JJIF Anti -Doping Rules 35 | P a g e the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.2.2 JJIF 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 . |
The decision may be appealed as provided in Article 13. |
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