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TWIF 2021 Anti -Doping Rules v1 Page 38 of 67 the Athlete or other Person ’s degree of Fault with respect to the second violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfils the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4 (whereabouts failures ). |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility . |
10.9.1. |
3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7. |
10.9.2 An anti -doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. |
In ad dition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9 . |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti -doping rule violation will only be considered a second violation if TWIF can establish that the Athlete or other Perso... |
If TWIF cannot establish this, the violations shall be c onsidered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggravating Circumstances . |
Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.57 10.9.3.2 If TWIF establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that th e additional violation occurr... |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3 .3 If TWIF establishes that an Athlete or other Person committed a violation of Article 2.5 (Tampering or Attempted Tampering ) in connection with the Doping Control process for an underlying asserted anti-doping rule violation, the violation of Article 2.5 (Tampering or 57 [Comment to Article 10.9.3.1... |
TWIF 2021 Anti -Doping Rules v1 Page 39 of 67 Attempted Tampering ) shall be treated as a stand -alone first violation and the period of Ineligibility for such violation shall be served consecutively, rather than concurrently, with the period o f Ineligibility , if any, imposed for the underlying anti -doping rule... |
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.4 If TWIF establishes that a n Athlete or other Person has committed a second or third anti -doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti -Doping Rule Violations during Te n (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In additi on to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete ob... |
58 [Comment to Article 10.10: Nothing in these Anti -Doping Rules prec ludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti -doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.] |
59 Comment article 10.10. |
As Tug of War is a team sport the sanction for the team is covered in Article 11. |
60 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on TWIF to take any action to collect f orfeited prize money. |
If TWIF elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money ” could include using collected forfe ited prize money as agreed upon by TWIF and its Athletes.] |
TWIF 2021 Anti -Doping Rules v1 Page 40 of 67 10.12.2 The imposition of a financial sanction or the TWIF 's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules. |
Article 10.12 ( Financial Consequences ) intentionally left blank. |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person , TWIF or TWIF Doping Hearing... |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .61 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person , then the Athlete ... |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete or othe r Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Inelig ibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from TWIF and thereafter respects the Provisional Suspension , the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ul... |
A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party 61 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organisation to discover and develop facts s... |
In these circumstances, the flexibility pr ovided in this Article to start the sanction at an earlier date should not be used.] |
TWIF 2021 Anti -Doping Rules v1 Page 41 of 67 entitled to receive notice of an asserted anti -doping rule violation under Article 14.1.62 10.13.2.3 No credit against a period of Ineligibility shall be gi ven for any time period before the effective date of the Provisional Suspension or voluntary Provisional S... |
10.13.2.4 In Team Sports , where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibil ity is accepted or otherwise impo... |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Sus... |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or ot herwise under the authority of a Code Signatory or member of a Code Signatory , but o... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by TWIF to provide whereabouts information.63 62 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athle te and shall not be use... |
63 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a train ing camp, exhibition or practice organised by their National Federation or a club which is a member of that National Federation o r which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non -Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organised by a non -Signatory International Event organisation or a non -Signatory national -level Event organisation without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organisation described in this Article. |
Ineligibility imposed in one sport shall also be recognised by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a perio d of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance s tandard accomplished during a period of Ineligibility shall not be recognised by TWIF or its National Federations for any purpose.] |
TWIF 2021 Anti -Doping Rules v1 Page 42 of 67 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other membe r organi sation of TWIF ’s or other Signatory’s member organi sation during the shorter of: (1) the last tw... |
The new period of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
The d etermination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organi sation whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , TWIF shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholdi ng of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport -related financial support or other sport -related benefits received by such Person will be withheld by TWIF and ... |
10.15 Automat ic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Team Sport s Where more than one (1) member of a team in a Team Sport has been notified of an anti -doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate Target Testing of the team during th... |
64 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the t raining period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Arti cle 10.14.1 other than training.] |
TWIF 2021 Anti -Doping Rules v1 Page 43 of 67 11.2 Consequences for Team Sport s If a member of a team in a Team Sport is found to have committed an anti -doping rule violation during an Event Period , the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disquali... |
For TW IF Competitions this means the team will be disqualified, will lose their medals and any standing in the ranking of the competition. |
The next placed team, as necessary, will be elevated in position and awarded the medals. |
ARTICLE 12 SANCTIONS BY TWIF AGAINST OTHER SPORTING BODIES When TWIF becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rules within that organi sation’s or body’s area of competence, TWIF ha... |
12.2 Take additional disciplinary action s with respect to that organi sation’s or body’s recognition, the eligibility of their members to participate in TWIF ’s activities, and/or fine that organi sation or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other than vio... |
In such event: (a) all or some group of members of that organi sation or body may be banned from participation in any TWIF activities for a period of up to two (2) years and/or (b) that organi sation or body may be fined in an amount up to 2500 ______ GB £ . |
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12. |
2.1 by Athletes or other Persons affiliated with that organi sation or body during a twelve (12) month period . |
In such event , that organi sation or body may be suspend ed for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organi sation or body commits an anti-doping rule violation during an International Event. |
In such event, that organi sation or body may be fined in an amount up to 1000 GB £ . |
12.2.4 That organi sation or body has failed to make diligent efforts to keep TWIF informed about an Athlete's whereabouts after receiving a request for that information from TWIF . |
In such event , that organi sation or body may be fined in an amount up to 250 GB £ per Athlete , in addition to reimbursement of all of the TWIF costs incurred in Testing that organi sation’s or body’s Athletes . |
12.3 Withhold some or all funding or other financial and non-financial support to that organi sation or body . |
TWIF 2021 Anti -Doping Rules v1 Page 44 of 67 12.4 Oblige that organi sation or body to reimburse TWIF for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organ... |
ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 65 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the International Standards . |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.66 13.1.2 CAS Shall Not Defer to the Findings Being A... |
Anti -doping decisions by Anti -Doping Organisations are made tra nsparent in Article 14. |
Specified Persons and organisations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organisations with a right to appeal under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
66 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather fo r clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete i n the appeal.] |
67 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
68 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of TW IF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of TWIF’s process (e.g., the Managing Board), then WAD A may bypass the remaining steps in TWIF’s internal process an... |
TWIF 2021 Anti -Doping Rules v1 Page 45 of 67 for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) months notice requirement for a retired Athlete to return to competition under Article 5. |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by TWIF not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordan... |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.69 13.2.2 Appeals Involving Other Athletes or Other Persons In c... |
The rules for such appeal shall respect the following principles: a timely hearing; a fair , impartial , Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person 's own expense; and a timely , written, reasoned decision . |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other par... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons 69 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annul ment or enforcement of arbitral awards.] |
TWIF 2021 Anti -Doping Rules v1 Page 46 of 67 In cases under Article 13.2.2, the parties having the right to appeal to the appellate body shall be as provided in the National Anti -Doping Organi sation's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the ... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and TWIF shall also have t he right to appeal to CAS with respect to the decision of the appellate l body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organi sation whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appea l. 13.2.3. |
4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions by TWIF pursuant to Article 12 may be appealed exclusively to CAS by the National Federation or other body . |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the lates t with the party’s answer.70 13.3 Failure to Render a Timely Decision by TWIF Where, in a particular case, TWIF fails to render a decision with respect to whether an anti -doping rule violation was c... |
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