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5.5.7 Whereabouts information provided by an Athlete while in the Registered Testing Pool or Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organi sations having authority to test that Athlete as provided in Article 5.2. |
Whereabouts information shall be maintained in strict confidence at all times ; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control , providing information relevant to the Athlete Biological Passport or other anal ytical results, to support an investigation into a potential anti -doping rule violation, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information. |
5.5.8 TWIF may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool . |
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by TWIF or the Athlete’s failure to provide accurate whereabouts information may result in consequences defined in Article 5.5.12 below . |
5.5.9 In accordance with the International Standard for Testing and Investigations, TWIF may establish a Testing Pool and/or other Pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in TWIF ’s Registered Testing Pool . |
The collecting of whereabouts and the inclusion of Athletes in the Testing Pool or Other Pool might be coordinated with the National Federations and/or the National Anti -Doping Organisation s and the TWIF may allocate the responsibility to collect Testing P ool or Other Pool Athletes whereabouts information to its National Federations . |
5.5.10 TWIF shall notify Athletes before they are included in the Testing Pool and when they are removed. |
Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicated in Articles 5.5.1 1 and 5.5.1 2. |
5.5.11 Athletes included in the Testing Pool shall provide TWIF at least with the following whereabouts information so that they may be located and subjected to Testing : (a) An overnight address; (b) Competition / Event schedule; and (c) Regular training activities. |
TWIF 2021 Anti -Doping Rules v1 Page 20 of 67 Such whereabouts information sh ould be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organi sations . |
5.5.1 2 An Athlete ’s failure to provide whereabouts information on or before the date required by TWIF or the Athlete ’s failure to provide accurate whereabouts information will result in the following sanctions: - First Offence: A written warning ; - Second Offence: A fine of £100 for the Athlete which will be recovered through the National Federation if unpaid, and a fine for the National Federation (in accordance with Article 12.2.4) (this would include recovering ALL costs from any missed tests) - Third Offence: Elevat ion of the Athlete to TWIF ’s Registered Testing Pool . |
Note: The additional testing costs associated with the RTP shall be borne by the Athlete or National Federation . |
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in TWIF ’s Registered Testing Pool or Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to TWIF and their National Anti-Doping Organi sation . |
WADA , in consultation with TWIF and the Athlete's National Anti -Doping Organi sation , may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Athlete . |
This decision may be appealed under Article 13.27 Any competitive results obtained in violation of this Artic le 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 Event . |
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organi sation that imposed the period of Ineligibility in writing of such retirement . |
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 equ ivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to TWIF and to their National Anti -Doping Organi sation . |
5.7 Independent Observer Program TWIF and the organi sing committees for TWIF ’s Events , as well as the National Federations and the organi sing committees for National Events, shall authori se and facilitate the Independent Observer Program at such Events . |
27 [Comment to Article 5.6.1: WADA has developed a protocol and exemption application form that Athletes must use to make such requests, and a decision template that the International Federations must use. |
Both documents are available on WADA’s website at https://www.wada -ama.org .] |
TWIF 2021 Anti -Doping Rules v1 Page 21 of 67 ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analy sed 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 analy sed 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 TWIF . |
28 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 analy sed 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 TWIF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling , or for any other legitimate anti -doping purpose.29 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 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 .30 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , TWIF shall ask laboratories to analy se Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations. |
28 [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 f rom other laboratories so long as the results are reliable.] |
29 [Comment to Article 6.2: For example, relevant Dop ing 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.] |
30 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples an d related information for quality 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 f irst 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 In ternational Standard for the Protection of Privacy and Personal Information.] |
TWIF 2021 Anti -Doping Rules v1 Page 22 of 67 Laboratories at their own initiative and expense may analy se Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by TWIF . |
Results from any such analysis shall be reported to TWIF and have the same validity and Consequences as any other analytical result.31 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 TWIF notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge. |
If after such n otification TWIF 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 charge, 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 Organi sation that initiated and directed Sample collection or WADA . |
Any other Anti-Doping Organi sation 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 Organi sation 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 Organi sation shall be at WADA ’s or that organi sation'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 Organi sation with Results Management authority , and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organi sation 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 t he split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories 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 possession of a laboratory or Anti-Doping Organi sation . |
Upon request by WADA , the laboratory or Anti-Doping Organi sation 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 Organi sation before taking possession of a Sample or data , it shall provide such notice to the laboratory and each Anti-Doping Organi sation 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 Organi sation with 31 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample anal ysis menu so as to most effectively and efficiently detect doping. |
It is recognised 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 analysed.] |
TWIF 2021 Anti -Doping Rules v1 Page 23 of 67 authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.32 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. |
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 Organi sation that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organi sation 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 Organi sation do not give the National Anti -Doping Organi sation authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organi sation of that c ountry, or the National Anti -Doping Organi sation declines to 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 ru les of the applicable International Federation. |
7.1.3 In the event the Major Event Organi sation assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organi sation , or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organi sation 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 , applicable only to athletes within the Registered Testing Pool ) shall be administered by TWIF or the National Anti -Doping Organi sation with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If TWIF determines 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 Organi sations . |
32 [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 v iolation of the International Standard for Laboratories. |
Where necessary, the laboratory and/or the Anti-Doping Organisation 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 Signatory or doping activities by another Person. |
However, the decision as to whether good cause e xists 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 defence against an anti -doping rule violation or its Consequences.] |
TWIF 2021 Anti -Doping Rules v1 Page 24 of 67 7.1.5 Other circumstances in which TWIF 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 TWIF to conduct Results Management in particular circumstances . |
If TWIF 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 Organi sation with authority over the Athlete or other Person , that is willing to do so, to take Results Management responsibility in place of TWIF or, if there is no such Anti-Doping Organi sation , any other Anti-Doping Organi sation that is willing to do so. |
In such case, TWIF shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organi sation 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 TWIF 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, TWIF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organi sations to determine whether any prior anti -doping rule violation e xists. |
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If TWIF 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 , TWIF 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 the TWIF Doping Hearing Panel34 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. |
The TWIF Doping Hearing 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. |
33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by TWIF, the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.] |
34 The TWIF Doping Hearing Panel can be outsourced and operated by a Delegated Third Party TWIF 2021 Anti -Doping Rules v1 Page 25 of 67 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 TWIF 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 TWIF at any time prior to the TWIF Doping Hearing Panel ’s decision 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 (b) an opportunity for an expedited hearing in accordan ce 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 initi ative 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 mann er 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 which 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 TWIF ) 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 (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 Event , the Athlete or team may continue to take part in the Event . |
TWIF 2021 Anti -Doping Rules v1 Page 26 of 67 7.5 Results Management Decisions Results Management decisions or adjudications by TWIF must not purport to be limited to a particular geographic area or the TWIF ’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 ap plicable 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 .35 7.6 Notification of Results Management Decisions TWIF shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14 and in the International Standard for Results Management . |
7.7 Retirement from Sport36 If an Athlete or other Person retires while the TWIF ’s Results Management process is underway , TWIF retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Result s Management process has begun, and TWIF 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, TWIF 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, TWIF 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 . |
35 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by TWIF 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 bo dy for an Event). |
Pursuant to Article 15, such decision and its imp osition 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 Athl ete’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 durati on of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organisation’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqual ified under Article 10.1. ] |
36 [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 Organisation 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 organisation.] |
TWIF 2021 Anti -Doping Rules v1 Page 27 of 67 8.1 Fair Hearing s 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 8.1.1.1 TWIF shall establish a Hearing Panel the TWIF Doping Hearing Panel37, , 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 TWIF shall ensure that the TWIF Doping Hearing 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 TWIF or its affiliates (e.g. |
National Federation s 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 deliberation process and/or drafting of any decision) of the TWIF Doping 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 TWIF Doping Hearing Panel shall consist of an independent Chair and f our (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 and/or scientific expertise. |
Each member shall be appointed for a once renewable term of three (3) years. |
8.1.1. |
6 The TWIF Doping Hearing Panel shall be in a position to conduct the hearing and decision -making process without interference from TWIF or any third party. |
8.1.2 Hearing Process 8.1.2.1 When TWIF 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 TWIF Doping Hearing Panel for hearing and adjudicat ion, which shall be conducted in accordance with the principles described in Article s 8 and 9 of the International Standard for Results Management . |
8.1.2.2 The Chair shall appoint either three (3) members (which may include the Chair) or a single adjudicator , which can be the Chair, to hear a case , depending on the nature of the charge and the evidence put 37 The TWIF Doping Hearing Panel can be outsourced to a Delegated Third Party. |
TWIF 2021 Anti -Doping Rules v1 Page 28 of 67 forward . |
When three members are appointed to hear 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. |
If a single adj udicator is appointed, he/she shall have a legal background . |
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