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[Comment to Fault: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
Financial Consequences : See Consequen ces of Anti -Doping Rule Violations above.
In-Competition : The period commencing at 11:59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .
[Comment to In -Competition: Having a universally accepted definition for In -Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In -Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any potential performance enhancement benefits from Substances prohibited Out -of-Competition being carried over to the Competition period.]
Independent Observer Program : A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
JJIF Anti -Doping Rules 80 | P a g e Individual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization , or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event.
International -Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
For the sport of Ju -Jitsu, International -Level Athletes are defined as set out in the Scope section of the Introduction to these Anti -Doping Rules.
International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued pursuant to the International Standa rd.
Major Event Organizations : The continental associations of National Olympic Committees and other international multi -sport organizations that function as the ruling body for any continental, regional or other International Event .
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method .
Metabolite : Any substance produced by a biotransformation process.
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding .
Minor : A natural Person who has not reached the age of eighteen (18) years.
Nation al Anti -Doping Organization : The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti -doping rules, direct the collection of Samples , manage test results, and conduct Results Management at the national level.
If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
National Event : A sport Event or Competition involving International - or National -Level Athletes that is not an International Event .
JJIF Anti -Doping Rules 81 | P a g e National Federation : A national or regional entity which is a member of or is recognized by JJIF as the entity governing JJIF's sport in that nation or region.
National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti -Doping Organization , consistent with the International Standard for Testing and Investigations.
National Olympic Committee : The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -doping area.
No Fault or Negligence : The Athlete or other Person's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti -doping rule .
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system .
No Significant Fault or Negligence : The Athlete or other Person's establishing that any Fault or Negligence , when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence , was not significant in relationsh ip to the anti -doping rule violation.
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
Operational Independence : This means that (1) board members, staff members, commission members, consultants and officials of the Anti -Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person i nvolved 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 deliberation process and/or drafting of any decision) of hearing panels of that Anti -Doping Organ ization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti -Doping Organization or any third party.
The objective is to ensure that m embers of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition : Any period which is not In-Competition .
Participant : Any Athlete or Athlete Support Person .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance JJIF Anti -Doping Rules 82 | P a g e or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohib ited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti -doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti -doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in t his definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.
[Comment to Possession : Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, JJIF must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic s teroids and intended to have control over them.
Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, JJIF must establish that the Athlete knew the anabolic steroids were in the ca binet and that the Athlete intended to exercise control over them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third -party add ress.]
Prohibited List : The list identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List.
Protected Person : An Athlete or other natural Person who at the time of the anti -doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testi ng Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.
[Comment to Protected Person: The Code treats Protected Pe rsons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may not possess the mental capacity to understand and appreciate the prohibi tions against conduct contained in the Code.
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The term “open category” is meant to exclude competition that is limited to junio r or age group categories.]
Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.
[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 Hearin g, the Athlete remains entitled to a subsequent full hearing 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.]
JJIF Anti -Doping Rules 83 | P a g e Provisional Suspen sion: See Consequences of Anti -Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti -Doping Rule Violations above.
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organization ; provided, ho wever, the term shall not include any Person who, within the five (5) years prior to committing any anti -doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti -Doping Organization .
[Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
Regional Anti -Doping Organization : A regional entity designated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which may include the adoption and implementation of anti -doping rules, the planning and collection of Samples , the management of results, the review of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level.
Registered Testin g Pool : The pool of highest -priority Athletes established separately at the international level by International Federations and at the national level by National Anti -Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.5 and the International Standard for Testing and Investig ations.
Results 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 ins tance or on appeal (if an appeal was lodged).
Sample or Specimen : Any biological material collected for the purposes of Doping Control .
[Comment to Sample or Specimen : It has sometimes been claimed that the collection of blood Samples violates the tenets o f certain religious or cultural groups.
It has been determined that there is no basis for any such claim.]
Signatories : 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.
JJIF Anti -Doping Rules 84 | P a g e 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 4.2.3.
Substantial Assistance : For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed wri tten statement or 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 rel ated 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 .
[Comment to Tampering: For example, this Article would prohibit alter ing 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 foreign substance, or intimidating or attempting to intimidate a potential witness or a witne ss who has provided testimony or information in the Doping Control process.
Tampering includes misconduct which occurs during the Results Management 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 spor t organizations.]
Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Team 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.
JJIF Anti -Doping Rules 85 | P a g e Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in ord er 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 Sub stance 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 a ctions 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 s etting 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.
TUG OF WAR INTERNATIONAL FEDERATION (TWIF) ANTI -DOPING RULES Adopted on 18th December 2020 Come into force on 1 January 2021 TWIF 2021 Anti -Doping Rules v1 Page 2 of 67 TABLE OF CONTENTS INTRODUCTION ................................ ................................ ................................ ................................ ................. 3 ARTICLE 1 DEFINITION OF DOPING ................................ ................................ ................................ ....... 5 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ................................ ................................ ...................... 5 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ............... 9 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ ................................ ........ 11 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ ...................... 16 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ................................ .... 21 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ................................ ................................ .......................... 23 ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ................................ ................................ ................................ ............................... 26 ARTICLE 9 AUTO MATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ................................ ..... 29 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ ........................... 29 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ............................ 42 ARTICLE 12 SANCTIONS BY TWIF AGAINST OTHER SPORTING BODIES ................................ ..... 43 ARTICLE 13 RESULTS MANAGEMENT : APPEALS ................................ ................................ ............. 44 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ .............. 48 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ ................... 52 ARTICLE 16 STATUTE OF LIMITATIONS ................................ ................................ ................................ 53 ARTICLE 17 EDUCATION ................................ ................................ ................................ .......................... 54 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ....... 54 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF TWIF ................................ ............. 55 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ................................ ... 55 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ................................ ................................ ................................ ......................... 56 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES ................................ ................................ ............................ 56 ARTICLE 23 INTERPRETATION OF THE CODE ................................ ................................ ..................... 57 ARTICLE 24 FINAL PROVISIONS ................................ ................................ ................................ ............. 57 APPENDIX 1 DEFINITIONS ................................ ................................ ................................ ......................... 60 TWIF 2021 Anti -Doping Rules v1 Page 3 of 67 TWIF ANTI -DOPING RULES INTRODUCTION Preface These Anti -Doping Rules are adopted and implemented in accordance with TWIF 's responsibilities under the Code , and in furtherance of TWIF 's continuing efforts to eradicate doping in sport.
These Anti -Doping Rules are sport rules gove rning the conditions under which sport is played.
Aimed at enforcing anti -doping rules in a global and harmoni sed manner, they are distinct in nature from criminal and civil laws.
They are not intended to be subject to or limited by any national requiremen ts and legal standards applicable 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, ar bitral 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 , TWIF shall be responsible for conducting all aspects of Doping C ontrol .
Any aspect of Doping Control or anti -doping Education may be delegated by TWIF to a Delegated Third Party ), however, TWIF shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and thes e Anti -Doping Rules.
When TWIF has delegated its responsibilities to implement part or all of Doping Control to a Delegated Third Part y, any reference to TWIF in these Rules should be inte nded as a reference to the other Delegated Third Party , where applicable and within the context of the aforementioned delegation .
TWIF shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code .
Italici sed terms in these Anti -Doping Rules are defined terms in Appendix 1 .