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All competitive results achieved during the period of Ineligibility , includ ing retroactive Ineligibility , shall be Disqualified . |
[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 Organization to discover and develop facts sufficient to establish an anti -doping rule violation may be lengthy, particularly where the Rider or other Person has taken affirmative action to avoid detection. |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should no t be used.] |
UCI CYCLING REGULATIONS Page 42 of 70 UCI ADR 2021 Credit for Provisional Suspension or Period of Ineligibility Served If a Provisional Suspension is respected by the Rider or other Person , then the Rider or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
If the Rider or other Person does not respect a Provisional Suspension , then the Rider or other 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 Rider or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
If a Rider or other Person voluntarily accepts a Provisional Suspension in writing from the UCI and thereafter respects the Provisional Suspension , the Rider or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
A copy of the Rider or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive no tice of an asserted anti -doping rule violation under Article 14.1. |
[Comment to Article 10.13.2.2: A Rider ’s voluntary acceptance of a Provisional Suspension is not an admission by the Rider and shall not be used in any way to draw an adverse inference agai nst the Athlete.] |
No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Rider elected not to compete or was suspe nded by a Team. |
Status During Ineligibility or Provisional Suspension Prohibition Against Participation During Ineligibility or Provisional Suspension No Rider or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension , participate in any capacity in a Competition or activity (other than authorized anti -doping Education or rehabilitation programs) authorized or organized by any Signatory , Signator y's member organization, or a club or other member organization of a Signatory’s member organization, or in Competitions authorized or organized by any professional league or any international or national -level Event organization or any elite or national -level sporting activity funded by a governmental agency. |
A Rider 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 a Rider in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but only so lon g as the local sport event is not at a level that could otherwise qualify such Rider or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event , and does not involve the Rider or other Person working in any capacity with Protected Persons . |
A Rider or other Person subject to a period of Ineligibility shall remain subject to these Anti-Doping Rules, in particular to Testing and any requirement by the UCI to provide whereabouts information. |
[Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Rider s cannot participate in a training camp, exhibition or practice organized by their National Federation or a club which is a mem ber of that National Federation or which is funded by a governmental agency. |
Further, an Ineligible Rider may not compete in a non -Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non -Signatory International Event organization or a non -Signatory national -level Event organization without triggering the Consequences UCI CYCLING REGULATIONS Page 43 of 70 UCI ADR 2021 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 organization described in this Article. |
Ineligibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
A Rider or other Person serving a period of Ineligibility is prohibited from coaching or serving as a Rider 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 Rider . |
Any performance standard accomplished during a period of Ineligibility shall not be recognized by the UCI or its National Federations for any purpose.] |
Return to Training As an exception to Article 10.14.1, a Rider may return to train with a Team or to use the facilities of a club or other member organization of the UCI’s or other Signatory’s member organization during the shorter of: (1) the last two (2) months of the Rider ’s period of Ineligibility , or (2) the last one -quarter of the period of Ineligibility imposed. |
[Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Rider s cannot effectively train on their own so as to be ready to compete at the end of the Rider ’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Rider may not compete or engage in any activity described in Article 10.14.1 other than training.] |
Violation of the Prohibition of Parti cipation During Ineligibility or Provisional Suspension Where a Rider or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the original period of Ineligibility . |
The new peri od of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Rider or other Person’s degree of Fault and other circumstances of the case. |
The determination of whether a Rider or other Person has violated the prohi bition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
In the case where the UCI is competent, the UCI shall carry out the proceedings in accordance with the UCI Results Management Regulations. |
A Rider 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 a Rider Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , the UCI (or the Anti-Doping Organization that has jurisdiction over the Rider Support Person or other Person , if the UCI does not have such jurisdiction) shall impose sanctions for a violation of Article 2.9 for such assistance. |
Withholding 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 the UCI and its National Federations . |
Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14. |
4. |
UCI CYCLING REGULATIONS Page 44 of 70 UCI ADR 2021 CONSEQUENCES TO TEAMS Testing of Teams Where more than one (1) member of a Team in a Team Competition 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 all members of the Team during the Event Period . |
Disqualification of Team Competition Results If a Rider is found to have committed an anti -doping rule violation in connection with a Team Competition in which he participated as a member of a Team , the Team shall be Disqualified from that Competition . |
If such Rider is Disqualified from other Competitions of the same Event under Article 10.1, any Team , whether composed differently or not, of which such Rider was a member, shall be Disqualified from the same Team Competitions as the Rider . |
Suspension of a Team Registered with the UCI If two Rider s and/or other Persons contracted to a Team registered with the UCI receive notice of: a) an Adverse Analytical Finding for a Prohibited Method or a Prohibited Substance that is n either a Specified Substance nor a Substance of Abuse and there is no prima facie indication that i) at least one anti -doping rule violation has no reasona ble prospect of being upheld or ii) at least one anti -doping rule violation was not intentional in the sense of Article 10.2; and/or b) an asserted anti -doping rule violation arising from an Adverse Passport Finding after a review under Article 7.5; and/or c) another asserted anti -doping rule violation as per Articles 2.2 where the Prohibited Substance or Method used is n either a Specified Substance nor a Substance of Abuse , or Articles 2.3, 2.5, 2.6, 2.7, 2.8, 2.9 2.10 or 2.11. and the commission of these anti-doping rule violations occurred within a twelve -month (12) period, the Team shall, unless circumstances of exceptional nature require otherwise, be suspended from participation in any International Event for a period determined by the UCI Disciplinary Commission (through its President or a member designated to act in his stead). |
The suspension shall not be less than fifteen (15) days and not more than forty-five ( 45) days. |
[Comment to Article 11.3.1: For cases of asserted anti -doping rule violation (s) arising from an Adverse Passport Finding, the relevant date(s) to determine if the commission of the two violations occurred within the same twelve -month period shall be the period of time during which the Rider used a Prohibited Method or a Prohibited Su bstance according to the Expert Panel. |
For the purpose of this Article : - Irrespective of the Anti -Doping Organization responsible for R esults Management , any (potential) anti-doping rule violation, which came to the UCI ’s knowledge shall be taken into account. |
- The relevant Team is the Team to which the Rider or other Person was contracted at the time of the commission of the anti -doping rule violation] The Team shall be invited by the UCI Disciplinary Commission to provide its position. |
The proceedings shall be conducted in an expedited manner and, unless the UCI Disciplinary Commission orders otherwise, by written submissions only. |
The UCI Disciplinary Commission will take its decision taking into account all of the circumstances of the c ase. |
UCI CYCLING REGULATIONS Page 45 of 70 UCI ADR 2021 [Comment to Article 11.3.1 : Factors to be considered by the UCI Disciplinary Commission in deciding the duration (or in circumstances of exceptional nature only, the principle) of the suspension include, but are not limited to: - whether there is any prima facie indication that at least one anti -doping rule violation has no reasonable prospect of being upheld; - whether there is any prima facie indication that at least one anti -doping rule violation was not intentional in the sense of Article 10.2; - the nature of the anti -doping rule violation and the circumstances giving rise to it; - the Team’s general approach towards anti -doping: i.e. |
whether the Team applied due diligence and took measures that could reasonably be expected in order to avoid th e commission of anti -doping rule violations; - whether there is any prima facie indication that the Team (through its Team members or staff) was involved in one or both of the anti -doping rule violations; - whether some other facts or circumstances exist t hat, in the UCI Disciplinary Commission’s opinion, make it clearly unfair to impose a suspension; - the Team’s race calendar.] |
The start date and period of suspension shall be determined so that the suspension is effective. |
[Comment to Article 11.3.2: The application of the suspension may be suspended at the end of the season and the rest of the suspension time may be served at the beginning of the next season. |
Subject to the discretion of the UCI Disciplinary Commission, the suspension may take effect d uring an ongoing Event or on the first day of the next Event on the Team’s race calendar.] |
The decision of the UCI Disciplinary Commission is immediately enforceable and can be appealed by the Team or the UCI to the CAS within five (5) days of receipt of t he decision . |
The CAS proceedings shall be conducted in an expedited manner , by a Sole Arbitrator, in English or French. |
In the event that the Parties fail to agree on a Sole Arbitrator within three (3) days of the filing of the Statement of Appeal, the CAS Division President will appoint the Sole Arbitrator without delay. |
In the event of any further notice of: a) an Adverse Analytical Finding for a Prohibited Method or a Prohibited Substance that is neither a Specified Substance nor a Substance of Abuse and there is no prima facie indication that i) at least one anti -doping rule violation has no reasonable prospect of being upheld or ii) at least one anti -doping rule violation was not intentional in the sense of Article 10.2 ; and/or b) an asserted anti -doping rule violation arising from an Adverse Passport Finding after a review under Article 7. |
2; and/or c) another asserted anti -doping rule violation as per Articles 2.2 where the Prohibited Substance or Method used is neither a Specified Substance nor a Substance of Abuse , or Articles 2.3, 2.5, 2.6, 2.7, 2.8, 2.9 , 2.10 or 2.11. and the commission of these vi olations occurred within a twelve -month period , the Team shall be suspended from participation in any International Event for a period determined by the UCI Disciplinary Commission , taking into account all the circumstances of the case. |
The suspension shall be subject to the same procedure and requirements as provided for in Article 11.3.1 and Article 11.3.2 except with respect to the length of the ban which shall not be less than fifteen (15) days and not more than twelve (12) months. |
UCI CYCLING REGULATIONS Page 46 of 70 UCI ADR 2021 Financial Consequences to Teams In addition to the suspension provided for in Article 11.3, a UCI WorldTeam or UCI ProTeam shall pay a fine to the UCI if two Rider s and/or other Persons of the Team are sanctioned for anti -doping rule violations that took place within a twelve -month (12) period. |
The fine is due when the second Rider or other Person ’s sanction becomes final. |
The amount of the fine shall be 5 (five) % of the annual Team budget based on which the Team licence was granted for the year during which the second sanction becomes final. |
For the purpose of this article, the UCI shall have the right to obtain the amount of the annual Team budget from the au ditor. |
In addition to the suspension provided for in Article 11.3, a UCI WorldTeam or UCI ProTeam shall pay a fine to the UCI if more than two Rider s and/or other Persons of the Team are sanctioned for anti -doping rule violations that took place within a twelve -month (12) period. |
The fine is due when the third Rider or other Person ’s sanction becomes final. |
The amount of the fine shall be 5 (five) % of the annual Team budget based on which the Team licence was granted for the year during which the third or additional sanction becomes final. |
[Comment to Article 11. |
4: Unlike Article 11.2 , the imposition of the fine against the Team is based on strict liability.] |
For the purpose of this article, the UCI shall have the right to obtain the amount of the annual Team budget from the auditor. |
SANCTIONS BY THE UCI AGAINST OTHER SPORTING BOD IES Sanction s against the UCI’s member organizations or other sporting bodies, where relevant, are provided under the UCI Regulations. |
RESULTS MANAGEMENT : APPEALS Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Articles 13.2 through 13. |
4 or as otherwise provided in these Ant i-Doping Rules , the Code or the International Standards . |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
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 fro m the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing. |
[Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 UCI Anti -Doping Rules , but rather for clarification. |
For example, where a Rider was charged in the first instance hearing only with Tampering , but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Rider in the appeal.] |
CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed. |
[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.] |
UCI CYCLING REGULATIONS Page 47 of 70 UCI ADR 2021 WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the Anti-Doping Org anization ’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the Anti-Doping Organization ’s process. |
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of an Anti -Doping Organization’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the Anti -Doping Organization’s pr ocess (e.g., the Managing Board), then WADA may bypass the remaining steps in the Anti -Doping Organization’s internal process and appeal directly to CAS.] |
Appeals from Decisions Regarding Anti -Doping Rule Violations, Consequences , Provisional Suspensions, Implementation of Decisions and Authority - A decision that an anti -doping rule violation was committed ; - a decision imposing Consequences or not imposing Consequences for an anti -doping rule violation ; - a decision that no anti -doping rule violation was committed; - a decision that an anti -doping rule violation proceeding cannot go forward 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 Rider 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 an Anti-Doping Organization not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation ; - a decision not to go forward with an anti -doping rule violation after an investigation in accordance with the UCI Results Management Regulations or the International Standard for Results Management ; - a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing ; - an Anti-Doping Organization’s failure to comply with Article 7. |
3; - a decision that an Anti-Doping Organization lacks authority to rule on an alleged anti -doping rule violation or its Consequences ; - a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate, Consequences under Article 10.7.1; - failure to comply with Articles 7.1. |
3.2 and 7.1 .3.3; - failure to comply with Article 10.8.1; - a decision under Article 10.14.3; - a decision by an Anti-Doping Organization not to implement another Anti-Doping Organization’s decision under Article 15; and - a decision under Article 27.3 of the Code or these regulations may be appealed exclusively as provided in this Article 13.2. |
Appeals Involving International -Level Rider s or International Events In cases arising from par ticipation in an International Event or in cases involving International -Level Rider s, the decision may be appealed exclusively to CAS. |
[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.] |
UCI CYCLING REGULATIONS Page 48 of 70 UCI ADR 2021 Appeals Involving Other Rider s or Other Persons In cases where Article 13.2.1 is not applicable, a decision made by the UCI Anti -Doping Tribunal under Article 8, or a decision made by the UCI Disciplinary Commission may be appealed exclusively to CAS. |
In all other cases, decisions made against Rider s or other Persons may be appealed to an appellate body, in accordance with rules adopted by the National Anti -Doping Organization . |
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 Rider or other Person shall have a right to appeal to CAS. |
Persons Entitled to Appeal Appeals Involving International -Level Rider s or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: - the Rider or other Person who is the subject of the decision being appealed; - the other party to the case in which the decision was rendered; - the UCI; - the National Anti -Doping Organization of the Person’s country of residence or countries where the Person is a national or licen ce holder; - the International Olympic Committee or In ternational Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and - WADA . |
Appeals Involving Other Rider s or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti-Doping Organizat ion's rules but, at a minimum, shall include the following parties: - the Rider or other Person who is the subject of the decision being appealed; - the other party to the case in which the decision was rendered; - the UCI; - the National Anti -Doping Organization of the Person’s country of residence or countries where the Person is a national or licen ce holder; UCI CYCLING REGULATIONS Page 49 of 70 UCI ADR 2021 - the International Olympic Committee or In ternational Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and - WADA . |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and the UCI shall also have the right to appeal to CAS with respect to the decision of the appellate body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
Duty to Notify All parties t o any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
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 Rider or other Person upon whom the Provisional Suspension is imposed. |
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. |
[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit a Rider the right to cross appeal when an Anti -Doping Organization appeals a decision after the Rider ’s time for appeal has ex pired. |
This provision permits a full hearing for all parties.] |
Time Limits for Appeals [Comment to Article 13. |
2.5: 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.] |
Appeal by Parties to the Prior Proceedings Unless otherwise specified in these Anti-Doping R ules, appeals under Article 13.2.1 a nd 13.2.2 from decisions made by the UCI Anti -Doping Tribunal or UCI Disciplinary Commission shall be filed before the CAS within thirty (30) days from the day the appealing party receives notice of the decision appealed. |
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