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Appeals by Non -Parties to the Prio r Proceedings Notwithstanding the above, 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 notice of the decision, such party/ies shall have the right to request a copy of the case file from the body that issued the decision; UCI CYCLING REGULATIONS Page 50 of 70 UCI ADR 2021 b) If such a request is made within the fifteen (15) day period, then the party making such request shall have thirty (30) days from receipt of the file to file an appeal. |
Appeal by WADA 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 in the case could have appealed, or b) Twenty -one (21) days after WADA ’s receipt of the complete file relating to the decision. |
Failure to Render a Timely Decision by an Anti-Doping Organization Where, in a particular case, the UCI fails to render a decision with respect to whether an anti -doping rule violation was committed within a reasonable deadline set by WADA , WADA may elect to appeal directly to CAS as if the UCI had rendered a decision finding no anti -doping rule violation. |
If the CAS hearing panel determines that an anti -doping rule violation was committed and that WADA 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 the UCI. |
[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 an Anti-Doping Organization to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with the Anti -Doping Organization and give the Anti-Doping Organization an opportunity to explain why it has not yet rendered a decision.] |
Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4 and within the time limits set forth in Article 13.2.5. |
Notification of Appeal Decision Any Anti-Doping Organization that is a party to an appeal shall promptly provide the appe al decision to the Rider or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14 . |
CONFIDENTIALITY AND REPORTING Notice and Time Limits In General Unless otherwise specified, notice by and to the UCI under these Anti -Doping Rules, UCI Regulations, procedures or other document (s) adopted in connection therewith, may be given by any means permitting proof of receipt, including registered or ordinary ma il by post or private courier services, electronic mail or facsimile. |
If a notice triggers the start of a time limit under the se Anti-Doping Rules (including the time limit to appeal to CAS under Article 13), the time limit shall start running on the day following notice. |
Official holidays and non -working days are included in the calculation of time limits. |
The time limits fixed under these Rules are respected if the communications by the parties are sent before midnight, time of the location where the not ification has to be made , on the last day on which such time limits expire. |
If the last day of the time limit is an official holiday or a non -business day in the country where the notification is to be made, the time limit shall expire at the end of the fi rst subsequent business day. |
Notice shall be deemed to have occurred when delivered within the addressee’s sphere of control. |
Proof that the addressee was, without his or her fault, not in a position to have knowledge of a notice so delivered shall be on the addressee. |
UCI CYCLING REGULATIONS Page 51 of 70 UCI ADR 2021 Notice to Rider s and other Persons under these Anti -Doping Rules Notice to a Rider or other Person may be accomplished by delivery of the notice to his or her National Federation or Team . |
The National Federation or Team shall be responsible for making immediate contact with the Rider or other Person . |
Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations Notice of Anti -Doping Rule Violations to Rider s and other Persons Notice to Rider s or other Persons of anti -doping rule violations asserted against them shall be made as provided under Articles 7 and 14. |
Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Rider ’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notic e to the Rider or other Person . |
The Anti-Doping Organization with Results Management or investigation responsibility under Article 7 shall also notify : - the Rider ’s or other Person’s National Anti -Doping Organization , - the UCI, and - WADA of the assertion of an anti -doping rule violation simultaneously with the notice to the Rider or other Person . |
The UCI may also inform the Rider ’s or other Person ’s National Federation or Team . |
Content of an Anti -Doping Rule Violation Notice Notificatio n of an anti -doping rule violation shall include: the Rider 's or other Person’s name, country, sport and discipline within the sport, the Rider ’s competitive level, whether the test was In-Competition or Out-of-Competition , the date of Sample collection, the analytical result reported by the laboratory, and other information as required by the UCI Results Management Regulations if the notice is given by the UCI or the International Standard for Results Management or any other applicable rules if the notice is given by another Anti-Doping Organization . |
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. |
Status Reports If at any po int during Results Management up until the anti -doping rule violation charge, the UCI decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
UCI CYCLING REGULATIONS Page 52 of 70 UCI ADR 2021 Except with re spect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14. |
2.1, the Rider ’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter. |
Confidentiality The recipient organizations shall not disclose this in formation beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , National Federation , and Team) until the UCI has made Public Disclosure as permitted by Article 14. |
4. |
Notice of Anti -Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request for Files Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursua nt to Article 7. |
5, 8.7, 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, the UCI shall provide an English or French summary of the decision and the supporting reasons. |
An Anti-Doping Organization 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. |
Public Disclosure After notic e has been provided to the Rider or other Person in accordance with the UCI Results Management Regulations , and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Rider or other Person who is notified of a potential anti -doping rule violation, the Prohibited Substance or Prohibited Method and nature of the violati on involved, and whether the Rider or other Person is subject to a Provisional Suspension may be Publicly Disclosed by the UCI. |
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 violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility , or reprimand, has been imposed under Article 10.14.3, the UCI must Publicly Disclose the disposition of the anti -doping matter, including the sport, the anti -doping rule violated, the name of the Rider or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed. |
The UCI must also Publicly Disclose within tw enty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above. |
[Comment to Article 14. |
4.2: Where Public Disclosure as required by Article 14. |
4.2 would result in a breach of other applica ble laws, the Anti -Doping Organization’s failure to make the Public Disclosure will not result in a determination of non -compliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information. |
For the sake of clarity, nothing in Article 14.4.2 prevent s an Anti -Doping Organization with Results Management responsibility to Publicly Disclose the disposition of a first instance decision before being final .] |
UCI CYCLING REGULATIONS Page 53 of 70 UCI ADR 2021 After an anti -doping rule violation has b een determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti -doping rule violat ion has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, the UCI may make public such determination or decision and may comment publicly on the matter. |
In any case where it is determined, after a hearing or appeal, that the Rider 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 Disclosed except with the consent of the Rider or other Person who is the subject of the decision. |
The UCI shall use reasonable efforts to obtain such consent, and if consent is ob tained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Rider or other Person may approve. |
Publication shall be accomplished at a minimum by placing the required information on the UCI’s website and leaving the inform ation 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. |
Exce pt as provided in Articles 14.3.1 and 14.4.3, n o Anti-Doping Organization , 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 to public comments attributed to, o r based on information provided by, the Rider , other Person or their entourage or other representatives. |
The mandatory Public Disclosure required in Article 14. |
4.2 shall not be required where the Rider or other Person who has been found to have committed an anti -doping rule violation is a Minor , Protected Person or Recreational Rider . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Rider shall be proportionate to the facts and circumstances of the case. |
Statistical Reporting The UCI shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
The UCI may also publ ish reports showing the name of each Rider tested and the date of each Testing . |
Doping Control Information Database and Monitoring of Compliance 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 Organizations , the UCI shall report to WADA through ADAMS Doping Control -related information, including, in particular: (a) Athlete Biological Passport data for International -Level Rider s and National -Level Rider s, (b) Whereabouts information for Rider s including those in Registered Testing Pools or Testing Pools , (c) TUE decisions, and (d) Results Management decisions, as required under the applicable International Standard(s) . |
UCI CYCLING REGULATIONS Page 54 of 70 UCI ADR 2021 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biolo gical Passport profiles are updated, the UCI shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations. |
To facilitate WADA ’s oversight and appeal rights for TUEs , the UCI 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 . |
To facilitate WADA ’s oversight and appeal rights for Results Management , the UCI 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 decisions for Adverse Analytical Findings ; (b) notifications and related decisions for other anti -doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension . |
The information describ ed in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Rider , the Rider ’s National Anti -Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Rider . |
Data Pr ivacy The UCI may collect, store, process or disclose personal information relating to Rider s and other Persons where necessary and appropriate to conduct their Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these Anti -Doping Rules, and in compliance with applicable law. |
UCI CYCLING REGULATIONS Page 55 of 70 UCI ADR 2021 IMPLEMENTATION OF DECISIONS Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon the UCI, as well as every Signatory in every sport with the effects described below: A decision by any of the above -described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Rider or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hearing or expedited appeal offered in accordance with Article 7.4.3 of the Code ) automatically prohibits the Rider or other Person from participation (as described in Article 10.14.1 of the Code ) in all sports within the authority of any Signatory during the Provisional Suspension . |
A decision by any of the above -described bodies imposing a period of Ineligibi lity (after a hearing has occurred or been waived) automatically prohibits the Rider or other Person from participation (as described in Article 10.14.1 of the Code ) in all sports within the authority of any Signatory for the period of Ineligibility . |
A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
A decision by any of the above -described bodies to Disqualify results under Article 10.10 of the Code for a specifi ed period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
The UCI shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action require d, on the earlier of the date the UCI receives actual notice of the decision or the date the decision is placed into ADAMS . |
A decision by an Anti-Doping Organization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upo n the UCI without any further action required, on the earlier of the date the UCI receives actual notice of the decision or the date the decision is placed into ADAMS . |
Notwithstanding any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on the UCI unless the rules of the Major Event Organizatio n provide the Rider or other Person with an opportunity to an appeal under non -expedited procedures. |
[Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Rider or other Person the option of choosing an exp edited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Rider or other Person chooses the expedited appeal option.] |
Implemen tation of Other Decisions by Anti-Doping Organizations The UCI may decide to implement other anti -doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Rider or other Person . |
[Comment to Articles 15.1 and 15.2: Anti -Doping Organization 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 Organization decides to Provisionally Suspend a Rider , that decision is given automatic effect at the International Federation level. |
To be clear, the “decision” is the one made by t he National Anti -Doping Organization, there is not a separate decision to be made by the International Federation. |
Thus, any claim by the Rider that the Provisional Suspension UCI CYCLING REGULATIONS Page 56 of 70 UCI ADR 2021 was improperly imposed can only be asserted against the National Anti -Doping Org anization. |
Implementation of Anti -Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion. |
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of th e underlying decision. |
The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the UCI TUE Regulations .] |
Implementation of Decisions by Body that is not a Signatory An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by a the UCI if the UCI finds that the decision purports to be within the authority of that body and the anti-doping rules of that body are otherwise consistent wit h the Code . |
[Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, Signatories should attempt to apply the decision in harmony with the principles o f the Code. |
For example, if in a process consistent with the Code a non -Signatory has found a Rider to have committed an anti -doping rule violation on account of the presence of a Prohibited Substance in the Rider ’s body but the period of Ineligibility app lied is shorter than the period provided for in the Code, then all Signatories should recognize the finding of an anti -doping rule violation and the Rider ’s National Anti -Doping Organization should conduct a hearing consistent with Article 8 to determine w hether the longer period of Ineligibility provided in the Code should be imposed. |
A Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealable under Article 13.] |
DOPING CONTROL FOR ANIMALS COMP ETING IN SPOR T [intentionally omitted] STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against a Rider or other Person unless he or she has been notified of the anti -doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred. |
EDUCATION Principles The UCI and National Anti -Doping Organization s shall, within their scope of responsibility and in cooperation with each other, plan, implement, monitor, evaluate and promote Education programs in line with the requirements set out in the International Standard for Education . |
Educational Course Rider s included in the UCI Registered Testing Pool and the UCI Testing Pool . |
All Rider s included in the UCI Registered Testing Pool and the UCI Testing Pool shall, within four ( 4) months from the notification of their inclusion in the UCI Registered Testing Pool or in the Testing Pool , successfully complete an Anti-Doping Education course designated by the UCI and register such completion. |
Each Rider shall be personally responsible for complying with this obligation. |
Any Rider who has not met this requirement by the set deadline shall be ineligible to compete in any International Event until successful completion of the course and its registration. |
Specific Event The UCI may decide to request that Rider s and/or Rider Support Personnel complete Educational activities before and/or during their participation in select Event s (e.g: Juniors World Championships) as a condition of such participation. |
UCI CYCLING REGULATIONS Page 57 of 70 UCI ADR 2021 National Federation National Federation s shall use their best endeavours to ensure that Rider s who have a licence issued by their Federation, complete an Anti-Doping Education Course within four (4) months of the receipt of their licen ce from their Federation. |
RESEARCH [ Intentionally omitted] ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES AND WADA [Intentionally omitted] ADDITIONAL ROLES AND RESPONSIBILITIES OF RIDER S AND OTHER PERSONS Roles and Responsibilities of Rider s To be knowledgeable of and comply with these Anti -Doping Rules and other documents adopted pursuant to these Anti -Doping Rules, as set forth in the Introduction. |
To be available for Sample collection at all times. |
[Comment to Article 21.1.2: With due regard to a Rider ’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning. |
For exa mple, it is known that some Rider s Use low doses of EPO during these hours so that it will be undetectable in the morning.] |
To take responsibility, in the context of anti -doping, for what they ingest and Use. |
To inform medical personnel of their obligatio n not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules. |
To disclose to their National Anti -Doping Organization and the UCI any decision by a non-Signatory finding that the Rider committed an anti -doping rule violation within the previous ten (10) years. |
To cooperate with Anti-Doping Organizations investigating anti -doping rule violations. |
To report to Anti-Doping Organizati ons any circumstances they become aware of that may constitute an anti -doping rule violation. |
[Comment to Article 21.1.7: Failure to cooperate is not an anti -doping rule violation under the Code, but it may be the basis for disciplinary action under a Sign atory’s rules. |
Failure by any Rider to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under the UCI 's disciplinary rules. ] |
To disclose the identity of their Support Personnel upon request by any Anti-Doping Organization with authority over the Rider . |
Roles and Responsibilities of Rider Support Personnel To be knowledgeable of and comply with Anti-Doping Rules and other documents adopted pursuant to these Anti -Doping Rules , as forth in the Introduction. |
To cooperate with the Rider Testing program. |
To use his or her influence on Rider values and behavior to foster anti -doping attitudes. |
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