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8.1.2.3 Upon appointment by the Chair as a member of the TWIF Doping 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 t... |
8.1.2.4 Hearings held in connection 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 TWIF Doping Hearing Panel .38 8.1.2.5 WADA , the National Federation and the National Anti -Doping Organi sation of t... |
In any event, TWIF 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 TWIF Doping Hearing Panel shall 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 impo... |
8.2.2 TWIF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organi sations 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 violation is asserted may waive a hearing expressly and agree with the Consequences proposed by TWIF . |
8.3.2 However , if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty ( 20) days or the deadline otherwise specified in the notice sent by the TWIF asserting the violation, then they shall be deemed to have waived a hearing, to have admit... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the TWIF Doping Hearing Panel shall not be required. |
Instead TWIF shall promptly issue a written 38 [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 th e anti-doping rule violation is necessary to determine the Athlete 's eligibility to participate in the Event, or during an Event wh ere the res... |
TWIF 2021 Anti -Doping Rules v1 Page 29 of 67 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, the Disqualification of results under Article 10.10 and, if applicable, a justi... |
8.3.4 TWIF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organi sations with a right to appeal under Article 13.2.3 , and shall promptly report it into ADAMS . |
TWIF shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before 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 , TWIF (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in ... |
2. |
39 [Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial. |
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 f or the Athlete or Anti -Doping Organisations to incur the extra expense of two (2) hearings. |
An Anti -Doping Organisation may participate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or other Person and TWIF (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement a nd not any other entity with a right of appeal under the Code.] |
] 40 [Comment to Article 9: IMPORTNANT N OTE FOR TUG OF WAR TEAMS. |
For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11 . |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation.] |
41 [Comment on Article 10] Sanctions for the team is covered in article 11. |
TWIF 2021 Anti -Doping Rules v1 Page 30 of 67 Factors to be included in considering whether to Disqualify other results in an Event might inc lude, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .42 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competitions other than the Competition in which the anti -doping rule violation occurred were likely... |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1 (Presence of a Prohibited Substance ), 2.2 (Use or Attempted Use) or 2.6 (Possession of a Prohibited Substance or a Prohibited Method ... |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is mea nt to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and m... |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a su bstance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competiti... |
An anti -doping rule viol ation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional ” if the substance is not a Specified Substance and 42 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competiti... |
43 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance ent ered one’s system, it is highly unlikely that in a doping case under Article 2.1 an Athlete will be s... |
TWIF 2021 Anti -Doping Rules v1 Page 31 of 67 the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.44 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti -doping rule violation involves a Substance of Abuse : ... |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by TWIF . |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.45 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sp... |
10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: 10.3.1 For violations of Article 2.3 (Evading, Refusing or Failing to Submit to Sample Collection) or 2.5 (Tampering or Attempted Tampering ), the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can establish t... |
10.3.2 For violations of Article 2.4 “(whereabouts failures )”, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault . |
The flexibility between two (2) years 44 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.] |
45 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of TWIF. |
This Article is intended to give TWIF the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sha m”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change ov er time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. ] |
TWIF 2021 Anti -Doping Rules v1 Page 32 of 67 and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing . |
10.3.3 For violations of Article 2.7 (Trafficking or Attempted Trafficking ) or 2.8 (Administ ration or Attempted Administration ), the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 (Trafficking or Attempted Trafficking ) or Article 2.8 (Administration or Attempted Administration ) violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall r... |
In addition, significant violations of Article 2.7 or 2.8 which may also violate non -sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.46 10.3.4 For violations of Article 2.9 (Complicity or Attempted Complicity) , the period of Ineligibility imp... |
10.3.5 For violations of Article 2.10 (Prohibited Association) , the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.47 10.3.6 For violations of Article 2.1... |
Since the authority of sport organisations is generally limited to In eligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
47 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.] |
48 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlet e or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that car ries the more severe sanction.] |
TWIF 2021 Anti -Doping Rules v1 Page 33 of 67 Aggravating Circumstances , unless the Athlete or other Person can establish that he or she did not knowingly commit the anti -doping rule violation.49 10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence If an Athlete or other P... |
All reductions under Article 10.6 .1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Athlete or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a min... |
10.6.1.2 Contaminated Products In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse ) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand ... |
50 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vi tamin or nutritional supp lement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); ... |
However, depending on the unique facts of a particular case, any of the referenc ed illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence.] |
51 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No Significant Fa ult or Negligence. |
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unl ess TWIF 2021 Anti -Doping Rules v1 Page 34 of 67 10.6.1.3 Protected Persons or Recreational Athletes Where the anti -doping rule violation not involving a Substance of Abuse is c... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as p... |
7, the otherwise applicable period of Ineligibili ty may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than one -half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.52 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault 10.7.1 Substantial Assistance in Discovering or... |
In assessing whether the Athlete ca n establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the ... |
This Article should not be extended beyond products that have gone through s ome process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non -product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti -doping rule violation, typically there would be No Fault or Negligence under Article 10.5.] |
52 [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti -doping rule violation except those Articles where intent is an element of the anti -doping rule violation (e.g., A rticle 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is al... |
53 [Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping rule violations to light is important to clean sport.] |
TWIF 2021 Anti -Doping Rules v1 Page 35 of 67 accredited laboratory, or Athlete passport management unit (as defined in the International Standard for Laboratories ) for non -compliance with the Code , International Standard or Technical Document ; or (iv) with the approval by WADA , which results in a criminal... |
After an appellate decision under Article 13 or the expiration of time to appeal, TWIF may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate dopin... |
No more than three -quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non -suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of the se Anti -Doping Rules . |
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance , TWIF shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, TWIF shall reinstate the original Consequences . |
If TWIF decides to reinstate suspended Consequences or decide s not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Athlete s and other Person s to provide Substantial Assistance to Anti-Doping Organi sation s, at the request of TWIF or at the request of the Athlete or other Person who has , or has been asserted to have , committed an anti -doping rule violation, or other violation of the Code , W... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility , no mandatory Public Disclosure and/or no return of prize m oney or payment of fine... |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding TWIF 2021 Anti -Doping Rules v1 Page 36 of 67 Article 13, WADA ’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If TWIF suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justification for the decision shall be provided to the other Anti-Doping Organi sations with a right to appeal under Article 13.2.3 as provided in Article 14. |
In unique circumstances where WADA determines that it would be in the bes t interest of anti -doping, WADA may authori se TWIF to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
10.7.2 Admission o f an Anti -Doping Rule Violation in the Absence of Other Evidence Where an Athlete or other Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an ... |
If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one -fourth of the otherwise applicable period of Ineligibility . |
10.8 Results Management Agreements 10.8.1 One (1) Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where an Athlete or other Person , after being notified by TWIF of a potential anti -doping rule violation that carries an asserted period of Ineligi b... |
Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under 54 [Comment to Article 10. |
7.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti -Doping Organisation is aware that an anti -doping rule violation might have been committed. |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person w ould have been caught had he or she not come forward voluntarily.] |
TWIF 2021 Anti -Doping Rules v1 Page 37 of 67 this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.55 10.8.2 Case Resolution Agreement Where the Athlete or other Person admits an anti -doping rule violation after being confronted with ... |
In each case, however, where this Article is ap plied, the Athlete or other Person shall serve at least one -half of the agreed -upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Suspension which was subsequen... |
The decision by WADA and TWIF to enter or not enter into a case resolution agreement, and the amount of the reduction to, an d the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, TWIF shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .56 10.9 Multiple Violations 10.9.1 Se... |
, The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and 55 [Comment to Article 10.8.1: For example, if TWIF alleges that an Athlete has violated Article 2.1 for Use of an anabolic ster oid and asserts the applicable period of Ineligibility is four (4) years,... |
This resolves the case without any need for a hearing.] |
56 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequences set forth in the case re solution agreement, and shall not be applicable beyond the terms of that agreement.] |
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