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It should be further noted that Rider s are on notice that they tak e nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Rider has exercised a high level of caution before taking the Contaminated Prod uct. |
In assessing whether the Rider can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Rider actually Used the Contaminated Product, whether the Rider had declared the produc t which was subsequently determined to be contaminated on the Doping Control form. |
This Article should not be extended beyond products that have gone through some process of manufacturing. |
Where an Adverse Analytical Finding results from environment conta mination 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.] |
UCI CYCLING REGULATIONS Page 35 of 70 UCI ADR 2021 Protected Person or Recreat ional Rider Where the anti -doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Rider , and the Protected Person or Recreational Rider 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 Ineligibility , depending on the Protected Person or Recreational Rider ’s degree of Fault . |
Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If a Rider 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 Ineligibility may be reduced based on the Rider 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 Ineligibi lity 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. |
[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., Article 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 Rider or other Person’s degree of Fault.] |
Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons other than Fault Substantial Assistance in Discovering or Establishing Code Violations The UCI 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 Rider or other Person has provided Substantial Assistance to an Anti-Doping Organization , criminal authority or professional disciplinary body which results in: (i) the Anti-Doping Organization 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 the UCI or other Anti-Doping Organization with Results Management responsibility ; or (iii) which results in WADA initiating a proceeding against a Signatory , WADA -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 , the UCI may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
UCI CYCLING REGULATIONS Page 36 of 70 UCI ADR 2021 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 Rider or other Person and the significance of the Substantial Assistance provided by the Rider 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 u nder 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 a dded under Article 10.9.3.2. |
If so requested by a Rider or other Person who seeks to provide Substantial Assistance , the UCI shall allow the Rider or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Rider 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, the UCI shall reinstate the original Consequences . |
If the UCI decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
To further encourage Rider s and other Persons to provide Substantial Assistance to Anti-Doping Organizations , at the request of the UCI or at the request of the Rider or other Person who has, or has been asserted to have, committed an anti -doping rule violation, or other violation of the se Rules , WADA may agree at any stage of the Results Management process, including after an a ppellate 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 money or payment of fines or costs. |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13, WADA ’s decisions in the context of this Article 10.7.1.2 ma y not be appealed. |
If the UCI 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 Organizations with a right to appeal und er Article 13.2.3 as provided in Article 14.2. |
In unique circumstances where WADA determines that it would be in the best interest of anti -doping, WADA may authorize the UCI to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
[Comment to Article 10.7.1: The cooperation of Rider s, Rider Support P ersonnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping rule violations to light is important to clean sport.] |
UCI CYCLING REGULATIONS Page 37 of 70 UCI ADR 2021 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where a Rider 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, be fore 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. |
[Comment to Article 10.7.2: This Article is intended to apply when a Rider or other Person comes forward and admits to an anti -doping rule violation in circumstanc es where no Anti -Doping Organization 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 Rider or other Person believes he or she is about to be caught. |
Th e amount by which Ineligibility is reduced should be based on the likelihood that the Rider or other Person would have been caught had he or she not come forward voluntarily.] |
Application of Multiple Grounds for Reduction of a Sanction Where a Rider or ot her 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 applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. |
If the Rider 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 . |
Results Management Agreements One (1) Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where a Rider or other Person , after being notified by the UCI of a potential anti -doping rule violation that carries an asserted period of Ineligibility 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 Rider or other Person may receive a one (1) year reducti on in the period of Ineligibility asserted by the UCI. |
Where the Rider or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article. |
[Comment to Article 10.8.1: For example, if the UCI alleges that a Rider has violated Article 2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Rider 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 witho ut any need for a hearing.] |
Case Resolution Agreement Where the Rider or other Person admits an anti -doping rule violation after being confronted with the anti -doping rule violation by the UCI and agrees to Consequences acceptable to the UCI and WADA , at their sole discretion, then: (a) the Rider or other Person may receive a reduction in the period of Ineligibility based on an assessment by the UCI 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 Rider or other Person ’s de gree of Fault and how promptly the Rider 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. |
UCI CYCLING REGULATIONS Page 38 of 70 UCI ADR 2021 In each case, ho wever, where this Article is applied, the Rider 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 Rider or other Person accepted the imposition of a sanction or a Provisi onal Suspension which was subsequently respected by the Rider or other Person . |
The decision by WADA and the UCI to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of Ineligibilit y are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by a Rider or other Person who seeks to enter into a case resolution agreement under this Article, the UCI shall allow the Rider or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement . |
[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 resolution agreement and shall not be applicable beyond the terms of that agreement.] |
Multiple Violations Second or Third Anti -Doping Rule Violation For a Rider 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 the Rider or other Person ’s degree of Fault with respect to the second violation. |
A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfills 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. |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifeti me Ineligibility . |
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. |
An anti -doping rule violation for which a Rider or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. |
In addition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9. |
UCI CYCLING REGULATIONS Page 39 of 70 UCI ADR 2021 Additional Rules for Certain Potential Multiple Violations 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 the UCI can establish that the Rider or other Person committed the additional anti -doping rule violation after the Rider or other Person received notice pursuant to Article 7, or after the UCI made reasonable efforts to give notice of the first anti -doping rule violation. |
If the UCI canno t establish this, the violations shall be considered 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. |
[Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, the UCI discovers facts involving an an ti-doping rule violation that occurred prior to notification for a first anti -doping rule violation – e.g., the UCI shall impose a sanction based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including the application of Aggravating Circumstances.] |
If the UCI establishes that a Rider or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred twelve (12) months or more bef ore or after the first -noticed violation, then the period of Ineligibility for the additional violation shall be calculated as if the additional violation were a stand -alone first violation and this period of Ineligibility is served consecutively, rather than concurrently, with the period of Ineligibility imposed for the earlier -noticed violation. |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 1 0.9.1. |
If the UCI establishes that a Rider or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 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 of Ineligibility , if any, imposed for the underlying anti -doping rule violation. |
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. |
If the UCI establishes that a Rider 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. |
Multiple Anti -Doping Rule Violations during Ten (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place withi n the same ten (10) year period in order to be considered multiple violations. |
Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Rider obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition ), or other anti -doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes. |
UCI CYCLING REGULATIONS Page 40 of 70 UCI ADR 2021 [Comment to Article 10.10: Nothing in these Anti -Doping Rules precludes clean Rider s or other Persons who have been damaged by the actions of a Person w ho has committed an anti -doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.] |
Forfeited Prize Money If the UCI recovers prize money forfeited as a result of an anti -doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Rider s who would have been entitled to it had the forfeiting Rider not competed. |
[Comment to Article 10.11: This Article is not intended to impose an affirmative duty on the UCI to take any action to collect forfeited prize money. |
If the UCI elects not to take any action to collect forfeited prize money, it may assign its right to reco ver such money to the Rider (s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by the UCI and its Rider s.] Financial Consequ ences In addition to the Consequences provided for in Article 10.1 -10.10, violation under these Anti-Doping Rules shall be sanctioned with a fine as follows. |
A fine shall be imposed in case a Rider or other Person exercising a professional activity in cycling is found to have committed an intentional anti -doping rule violation within the meaning of Article 10.2.3. |
[Comments: 1. |
A member of a Team registered with the UCI shall be considered as exercising a professional activity in cycling. |
2: Suspension of part of a period of Ineligibility has no influence on the application of this Article]. |
The amount of the fine shall be equal to the net annual income from cycling that the Rider or other Person was entitled to for the whole year in which the anti -dopin g violation occurred. |
In the event that the anti-doping violation relates to more than one (1) year, the amount of the fine shall be equal to the average of the net annual income from cycling that the Rider or other Person was entitled to during each year covered by the anti -doping rule violation. |
[Comment: Income from cycling includes the earnings from all the contracts with the Team and the income from image rights, amongst others.] |
The net income shall be deemed to be 70 (seventy) % of the correspond ing gross income. |
The Rider or other Person shall have the burden of proof to establish that the applicable national income tax legislation provides otherwise. |
Bearing in mind the seriousness of the offence, the quantum of the fine may be reduced where th e circumstances so justify, including: 1. |
Nature of anti -doping rule violation and circumstances giving rise to it; 2. |
Timing of the commission of the anti -doping rule violation; 3. |
Rider or other Person ’s financial situation; 4. |
Cost of living in the Rider or other Person ’s place of residence; 5.Rider or other Person ’s cooperation during the proceedings and/or Substantial Assistance as per Article 10.7.1; 6. |
Rider’s admission of the anti -doping rule violation in accordance with the requirements provided under Article 10.8 . |
UCI CYCLING REGULATIONS Page 41 of 70 UCI ADR 2021 In all cases, no fine may exceed CHF 1,500,000. |
For the purpose of this article, the UCI shall have the right to receive a copy of the full contracts and other related documents from the Rider or other Person, the auditor or relevant National Federation . |
[Comment: No fine may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules]. |
Liability for Costs of the Procedures If the Rider or other Person is found to have committed an anti -doping rule violation, he or she shall bear, unless the UCI Anti -Doping Tribunal determines otherwise: 1. |
The cost of the proceedings as determined by the UCI Anti -Doping Tribunal , if any. |
2. |
The cost of the Results Management by the UCI; the amount of this cost shall be CHF 2’500, unless a higher amount is claimed by the UCI and determined by the UCI Anti -Doping Tribunal . |
3. |
The cost of the B Sample analysis, where applicable. |
4. |
The costs incurred for Out-of-Competition Testing; the amount of this cost shall be CHF 1’500, unless a higher amount is claimed by the UCI and determined by the UCI Anti -Doping Tribunal . |
5. |
The cost for the A and/or B Sample laboratory documentation package where requested by the Rider . |
6. |
The cost for the documentation package of Samples analyzed for the Biological Passport , where applicable. |
If the Rider or other Person admits the anti -doping rule violation in accordance with the requirements provided under Article 10. |
8, the UCI may waive the reimbursement of these costs in whole or in part. |
The factors listed under 10.12.1.3 may also be considered in relation to a possi ble reduction of costs under this provision. |
The National Federation of the Rider or other Person shall be jointly and severally liable for its payment to the UCI. |
Commencement of Ineligibility Period Where a Rider 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. |
Delays Not Attributable to the Rider or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Rider or other Person can establish that such delays are not attributable to the Rider or other Person , the UCI may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti -doping rule violation last occurred. |
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