text stringlengths 1 17.8k |
|---|
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 the declaration. |
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 the Athlete or other Person may attend the hearing as observers. |
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 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 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 admitted the violation, and to have accepted the proposed Consequences . |
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 resolution of the case will affect the validity of the Athlete 's results or continued participation in the Event.] |
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 justification for why the greatest potential Consequences were not imposed. |
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 a single hearing directly at CAS.39 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences , including forfeiture of any medals, points and prizes.40 ARTICLE 10 SANCTIONS ON INDIVIDUALS41 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences , including forfeiture of all medals, points and prizes, except as provided in Article 10.1. |
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 to have been affe cted by the Athlete's anti-doping rule violation. |
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 ) shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1 The period of Ineligibility , subject to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti -doping rule violation does not involve a Specified Substance or a Specified Method , unless the Athlete or other Person can establish that the anti -doping rule violation was not intentional.43 10.2.1.2 The anti -doping rule violation involves a Specified Substance or a Specified Method and TWIF can establish that the anti -doping rule violation was intentional. |
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 manifestly disregarded that risk. |
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-Competition . |
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 Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g ., the swimming World Championships).] |
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 successful in proving that the Athlete acted unintentionally without establi shing the source of the Prohibited Substance.] |
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 : 10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, then the period of Ineligibility shall be three (3) months Ineligibility . |
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 sport performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4. |
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 that the commission of the anti -doping rule violation was not intentional, the period of Ineligibility shall be two (2) years; (ii) in all other cases, if the Athlete or other Person can establish exceptional circumstances that justify a reduction of the period of Ineligibility , the period of Ineligibility shall be in a range from two (2) years to four (4) years depending on the Athlete or other Person ’s degree of Fault ; or (iii) in a case involving a Protected Person or Recreational Athlete , the period of Ineligibility shall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility , depending on the Protected Person or Recreational Athlete ’s degree of Fault . |
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 result in lifet ime Ineligibility for Athlete Support Personnel . |
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 imposed shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation. |
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 2.11 (Discourage or Retaliate Against Reporting to Authorities) , the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation by the Athlete or other Person .48 10.4 Aggravating Circumstances which may Increase the Period of Ineligibility If TWIF establishes in an individual case involving an anti -doping rule violation other than violations under Article 2.7 ( Trafficking or Attempted Trafficking ), 2.8 ( Administration or Attempted Administration ), 2.9 (Complicity or Attempted Complicity ) or 2.11 (Ac ts by an Athlete or Other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwi se applicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of the 46 [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions wh ich are more severe than the Athletes who test positive. |
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 Person establishes in an individual case that he or she bears No Fault or Negligence , then the otherwise applicable period of Ineligibility shall be eliminated.50 10.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence 10.6.1 Reduction of Sanctions in Particular Circumstances for Violations 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 ). |
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 minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years of Ineligibility , depending on th e Athlete’s or other Person’s degree of Fault . |
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 and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Athlete or other Person’s degree of Fault .51 49 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retal iate Against Reporting to Authorities) are not included in the application of Article 10.4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.] |
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); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosur e to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or ot her Person with in the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). |
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 committed by a Protected Person or Recreational Athlete , and the Protected Person or Recreational Athlete can establish No Sig nificant Fault or Negligence , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Protected Person or Recreational Athlete ’s degree of Fault . |
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 provided in Article 10. |
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 Establishing Code Violations53 10.7.1.1 TWIF may, prior to an appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the Consequences (other than Disqualification and mandatory Public Disclosure ) imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organi sation , criminal authority or professional disciplinary body which results in: (i) the Anti-Doping Organi sation discovering or bringing forward an anti -doping rule violation by another Person ; or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to TWIF or other Anti-Doping Organi sation with Results Management responsibility ; or (iii) which results in WADA initiating a proceeding against a Signatory , WADA - the Athlete has exercised a high level of caution before taking the Contaminated Product. |
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 Doping Control form. |
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 already provided in an Article based on the Athlete or other Person’s degree of Fault. ] |
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 or disciplinary body bringing forward a criminal offense or the breach of professional or sport rules arising out of a sport integrity violation other than doping . |
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 doping in sport, non -compliance with the Code and/or sport integrity violations. |
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 , WADA may agree at any stage of the Results Management process, includi ng after an appellate decision under Article 13, to what it considers to be an appropriate suspension of the otherwise -applicable period of Ineligibility and other Consequences . |
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 fines or costs. |
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 anti -doping rule violation other than Article 2.1 (Presence of a Prohibited Substance ), before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one -half of the period of Ineligibility otherwise applicable.54 10.7.3 Application of Multiple Grounds for Reduction of a Sanction Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.5, 10.6 or 10.7, before applying any reduction or suspension under Article 10.7, the otherwise appli cable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. |
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 bility of four (4) or more years (including any period of Ineligibility asserted under Article 10.4), admits the violation and accepts the asserted period of Ineligibility no later than twenty ( 20) days after receiving notice of an anti -doping rule violation charge, the Athlete or other Person may receive a one (1) year reduction in the period of Ineligibility asserted by TWIF . |
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 the anti -doping rule violation by TWIF and agrees to Consequences acceptable to TWIF and WADA , at their sole discretion, then: (a) the Athlete or other Person may receive a reduction in the period of Ineligibility based on an assessment by TWIF and WADA of the application of Articles 10.1 through 10.7 to the asserted anti -doping rule violation, the seriousness of the violation, the Athlete or other Person ’s degree of Fault and how promptly th e Athlete or other Person admitted the violation; and (b) the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. |
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 subsequently respected by the Athlete or other Person . |
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 Second or Third Anti -Doping Rule Violation 10.9.1.1 For an Athlete or other Person’s second anti -doping rule violation, the period of Ineligibility shall be the greater of: (a) A six (6) month period of Ineligibility ; or (b) A period of Ineligibility in the range between: (i) the sum of the period of Ineligibility imposed for the first anti -doping rule violation plus the period of Ineligibility otherwise applicable to the second anti -doping rule violation treated as if it were a first violation , and (ii) twice the period of Ineligibility otherwise applicable to the second anti -doping rule violation treated as if it were a first violation . |
, 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, then the Athlete may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and accepting the three (3) year period of Ineligibility within the time specified in this Article, with no further reduction allowed. |
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.] |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.