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If the CAS hearing panel determines that an anti -doping rule violatio n was committed and that WADA 70 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti -Doping Organisation appeals a decision after the Athlete’s ... |
This provision permits a full hearing for all parties.] |
TWIF 2021 Anti -Doping Rules v1 Page 47 of 67 acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by TWIF .71 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions TWIF shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organi sations that would have been entit led to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals72 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of t he decision, such party/ies shall have the right to request a cop... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed , or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organi sation shall be indicated by the same rules of the National Anti -Doping Organi sation . |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: 71 [Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for TWIF to render... |
Before takin g such action, however, WADA will consult with TWIF and give TWIF an opportunity to explain why it has not yet rendered a decision.] |
72 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
TWIF 2021 Anti -Doping Rules v1 Page 48 of 67 (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receip t of the complete file relating to the decision. |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violations... |
If at any point during Results Management up until the anti -doping rule violation charge, TWIF decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Any n otice under these Anti -Doping Rules shall be delivered or emailed by TWIF to Athletes or other Persons . |
In addition to the notification by TWIF , it shall also be the responsibility of the National Federation to notify the Athlete or other Person. |
If the notification takes place via the Athlete or other Person’s National Federation , the National Federation shall confirm to TWIF that they have delivered the notification to the Athlete or other Person . |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organi sations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organi sation and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice ... |
If at any point during Results Management up until the anti -doping rule violation charge, TWIF decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organi sations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti-Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In-Competition or Out-of-Competition , the date of Samp... |
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the asserted violation. |
14.1.4 Status Reports TWIF 2021 Anti -Doping Rules v1 Page 49 of 67 Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organi sation and WADA shall be regularly updated... |
14.1.5 Confidentiality The recipient organi sations s hall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , National Federation , and team in a Team Sport ) until TWIF has made Public Disclosure a... |
14.1.6 Protection of Confidential Information by an Employee or Agent of the TWIF TWIF shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Arti... |
TWIF shall ensure that its employees (whether permanent or otherwise), contractors, agents , consultants, and Delegated Third Parties are sub ject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthori sed discl... |
14.2 Notice of Anti -Doping Rule Violation or Violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7. |
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed . |
Where the decision is not in English or French, TWIF shall provide an English or French summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organi sation having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen ( 15) days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organi sations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a... |
14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti -doping rule violatio n has not otherwise been timely challenged, or the mat... |
TWIF must also Publicly Disclose within twent y (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above .73 14.3.3 After an anti -doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However, the decision itself and the underlying facts may not be Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
TWIF shall use reasonable efforts to obtain such consent , and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the TWIF ’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility . |
It will be removed immediately after the expiry of the indicated time periods. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organi sation , National Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor , Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case. |
14.4 Statistical Reporting TWIF shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
TWIF may also publish reports showing the name of each Athlete tested and the date of each Testing . |
14.5 Doping Control Information Database and Monitoring of Compliance 73 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, TWIF’s failure to make the Public Disclosure will not result in a determination of non -compliance with Code a... |
TWIF 2021 Anti -Doping Rules v1 Page 51 of 67 To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organi sations , TWIF shall report to WADA through ADAMS Doping Control -related informatio... |
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organi sations , and to ensure that Athlete Biological Passport profiles are updated , TWIF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Con... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , TWIF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , TWIF shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related dec... |
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organi sation , and any other Anti-Doping Organi sations with Testing authority over the Athlete . |
14.6 Data Privacy 14.6.1 TWIF may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protect... |
14.6.2 Without limiting the foregoing, TWIF shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the Internationa l Standard for the Protection of P... |
14.7 Means of Notice Any notice given under these Anti -Doping Rules shall, in the absence of earlier or actual proof of receipt, be deemed to have been duly given as follows: (a) if delivered personally by hand against receipt , on the date of delivery; (b) if sent by post, seven calendar days after the d... |
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organi sations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organi sation , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to th... |
15.1.1.2 A decision by any of the above -described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of I... |
15.1.1.3 A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
15.1.1.4 A decision by any of the above -described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 TWIF and its National Federations shall recogni se and implement a decision and its effects as required by Article 15.1.1, without any further action required , on TWIF 2021 Anti -Doping Rules v1 Page 53 of 67 the earlier of the date TWIF receives actual notice of the decision or the date the decisio... |
15.1.3 A decision by an Anti-Doping Organi sation , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon TWIF and its National Federations without any further action required, on the earlier of the date TWIF receives actual notice of the decision or the date the decision is pla... |
15.1.4 Notwithstanding any provision in A rticle 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organi sation made in an expedited process during an Event shall not be binding on TWIF or its National Federations unless the rules of the Major Event Organi sation provide the Athlete... |
74 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organisation give the Athlete or other Pers on the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organisation is binding on other Signator... |
75 [Comment to Articles 15.1 and 15.2: Anti -Doping Organisation decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part. |
For example, when a National Anti- Doping Organisation decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. |
To be clear, the “decision” is the one made by the National Anti -Doping Organisation, there is not a separat e decision to be made by the International Federation. |
Thus, any claim by the Athlete that the Provisional Suspension was impro perly imposed can only be asserted against the National Anti -Doping Organisation. |
Implementation of Anti -Doping Organisations’ decisions under Article 15.2 is subject to each Signatory’s discretion. |
A Signatory’s implementation of a decision under Articl e 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision. |
The extent of recognition of TU E decisions of other Anti -Doping Organisations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.] |
76 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Cod e compliant and in other respects not Code compliant, TWIF, other Signatories and National Federations should attempt to apply the decision i n harmony with the principles of the Code. |
For example, if in a process consistent with the Code a non -Signatory ha s found an Athlete to have committed an anti -doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then TWIF ... |
TWIF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealab le under Article 13.] |
TWIF 2021 Anti -Doping Rules v1 Page 54 of 67 ARTICLE 17 EDUCATION TWIF shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education . |
TWIF may decide to request that Athletes complete Educational activities before and/or during their participation in select Events (e.g: Youth World Championships) as a condition of such participation . |
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on TWIF ’s website. |
Failure by the Athlete to complete educational activities as requested by TWIF may result in the imposition of sanction under TWIF 's disciplinary rules , unless the Athlete provide s to TWIF a justification for such failure, which shall be assessed by TWIF on a case by case basis . |
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, International Standards , and these Anti -Doping Rules. |
All National Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that TWIF may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti ... |
18.2 Each National Federation shall incorporate t hese Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respect of Athletes (including Na... |
18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support TWIF in that function . |
They shall also recogni se, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority. |
18.4 All National Federations shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti-Doping Rules by inter alia : (i) conducting Testing only under the document ed authority of TWIF and us ing their National Anti -Doping Organi sation or other Sample collecti... |
18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authori sed or organi sed by a National Federation or one of its member organi sations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by... |
18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to TWIF and to their National Anti-Doping Organi sations and shall cooperate with investigations conducted by any Anti-Doping Organi sation with authority to conduct the investigation. |
18.7 All National Federations shall have disciplinary rules in place to prevent Athlete Support Perso nnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of TWIF or the National Federation . |
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organi sations. |
ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF TWIF 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, TWIF shall report to WADA on TWIF ’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of t... |
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code , all TWIF Executive Committee , officers and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by TWIF , agreeing to be bound by these Anti -Doping Rules as Persons... |
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any TWIF employee who is involved in Doping Control (other than authori sed anti -doping Education or rehabilitation programs) mu st sign a statement provided by TWIF confirming that they are not Provisionally Suspended or serving a... |
ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
20.2 To be available for Sample collection at all times.77 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use. |
77 [Comment to Article 20.2: With due regard to an Athlete’s human rights and pri vacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning. |
For example, it is known that some Athletes Use lo w doses of EPO during these hours so that it will be undetectable in the morning.] |
TWIF 2021 Anti -Doping Rules v1 Page 56 of 67 20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules. |
20.5 To disclose to TWIF and their National Anti -Doping Organi sation any decision by a non -Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years. |
20.6 To cooperate with Anti-Doping Organi sations investig ating anti -doping rule violations. |
Failure by any Athlete to cooperate in full with Anti-Doping Organi sations investigating anti -doping rule violations may result in a charge of misconduct under TWIF 's disciplinary rules. |
20.7 To disclose the identity of their Athlete Support Personnel upon request by TWIF or a National Federation , or any other Anti-Doping Organi sation with authority over the Athlete . |
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under TWIF 's disciplinary rules. |
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PER SONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
21.2 To cooperate with the Athlete Testing program. |
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