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The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding.
Thus, once the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to UWW to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]
15 [Comment to Article 3.2.3: Departures from an Inter national Standard or other rule unrelated to Sample collection or handling, Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International Standard for Education, International Standard for t he Protection of Privacy and Personal Information or International Standard for Therapeutic Use Exemptions – may result in compliance proceedings by WADA but are not a defense in an anti -doping rule violation proceeding and are not relevant on the issue of whether the Athlete committed an anti -doping rule violation.
Similarly, UWW’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violation.]
UWW 2021 Anti -Doping Rules Page 11 of 66 whereabouts failure, then UWW shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the w hereabouts failure: (i) a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding, in which case UWW shall have the burden to establish that such departure did not cause the Adverse Analytical Finding; (ii) a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to an Adverse Passport Finding which could reasonably have caused an anti-doping rule violation, in which case UWW shall have the burden to establish that such departure did not cause the anti -doping rule violation; (iii) a departure from the International Standard for Results Management related to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding , in which case UWW shall have the burden to establish that suc h departure did not cause the Adverse Analytical Finding ;16 (iv) a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an anti-doping rule violation based on a whereabouts failure, in which case UWW shall have the burden to establish that such departure did not cause the w hereabouts failure.
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice.
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by t he hearing panel ) and to answer questions from the hearing panel or UWW .
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code.
16 [Comment to Article 3.2.3 (iii): UWW would meet its burden to establish that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.]
UWW 2021 Anti -Doping Rules Page 12 of 66 Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA, without requiring any further action by UWW or its National Federations.
All Athletes and other Persons shall be bound by the Prohibited List , and any revisions thereto, from the date they go into effect, without further formality.
It i s the responsibility of all Athletes and other Persons to familiarize themselves with the most up- to-date version of the Prohibited List and all revisions thereto.
UWW shall provide its National Federations with the most recent version of the Prohibited L ist.
Each National Federation shall in turn ensure that its members , and the constituents of its members , are also provided with the most recent version of the Prohibited List .17 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition ) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competiti on only.
The Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substances and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List .
No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.19 4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In -Com petition only, the classification of a 17 [Comment to Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada -ama.org .
The Prohibited List will be revised and published on an expedited basis whenever the need arises.
Howe ver, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.]
18 [Comment to Article 4.2.1: Out -of-Competition Use of a substance which is only prohibited In- Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Sample collected In- Competition.]
19 [Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods.
Rather, they are simply substances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance. ]
UWW 2021 Anti -Doping Rules Page 13 of 66 substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
4.4 Therapeutic Use Exemptions (“ TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not be considered an anti -doping rule viol ation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions .
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE.
If the National Anti -Doping Organization denies the application, the Athlete may appeal exclusively to the appel late body described in Article 13.2.2.
4.4.2.2 Athletes who are International -Level Athletes shall apply to UWW .
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization pursuant to Article 4.4 of the Code for the Prohibited S ubstance or Prohibited Method in question , that TUE is not automatically valid for international -level Competition.
However, the Athlete may apply to UWW to recognize that TUE , in accordance with Article 7 of the International Standard for Therapeutic Use Exemptions .
If that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions , then UWW shall recognize it for purposes of international -level Competition as well.
If UWW considers that the TUE does not meet those criteria and so refuses to recognize it, UWW must notify the Athlete and the Athlete’s National Anti-Doping Organization promptly, with reasons.
The Athlete or the National Anti -Doping Organization shall have twenty -one ( 21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.
7.
If the matter is referred to WADA for review, the TUE granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition) pending WADA’s decision.
If the matter is not referred to WADA for review within the twenty -one ( 21) 20 [Comment to Article 4.4.3: If UWW refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate satisf action with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA.
Instead, the file should be completed and re-submitted to UWW.]
[Comment to Article 4.4.3: UWW may agree with a National Anti -Doping Organization that the National Anti -Doping Organization will consider TUE applications on behalf of UWW.]
UWW 2021 Anti -Doping Rules Page 14 of 66 day deadline, the Athlete ’s National Anti -Doping Organization must determine whether the original TUE granted by that National Anti -Doping Organization should nevertheless remain valid for national -level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International -Level Athlete and does not participate in international -level Competition ).
Pending the National Anti-Doping Organization’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competiti on).21 4.4.3.
2 If UWW chooses to test an Athlete who is not an International -Level Athlete , UWW must recognize a TUE granted to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions .
4.4.4 TUE Application Process 22 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to UWW .
4.4.4.2 An application to UWW for grant or recognition of a TUE must be made as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply .
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on UWW ’s website.
4.4.4.3 UWW shall establish a Therapeutic Use Exemption Committee (“TUEC” ) to consider applications for the grant or recognition of TUEs .
in accordance with Article 4.4.4.3(a) -(d) below : (a) The TUEC shall consist of a minimum of five (5) members with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine.
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration.
The ap pointed members shall not be employees of UWW .
(c) When an application to UWW for the grant or recognition of a TUE is made, the Chair of the TUEC or the UWW shall appoint three (3) members (which may include the Chair) to consider the application.
22 [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or UWW, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tam pering or Attempted Tampering under Article 2.5.
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted.
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Met hod before an application has been granted is entirely at the Athlete’s own risk.]
UWW 2021 Anti -Doping Rules Page 15 of 66 (d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Athlete making the application.
If a member is unwilling or unable to assess the Athlete’s TUE application, for any reason, the Chair or the UWW shall appoint a replacement from the pool of members appointed under point (a) above.
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one ( 21) days of receipt of a complete application.
Where the application is made in a reasonable time prior to an Event , the TUE C must use its best endeavors to issue its decision before the start of the Event .
4.4.4.5 The TUEC decision shall be the final decision of UWW and may be appealed in accordance with Article 4.4.
7.
The UWW TUEC decision shall be notified in writing to the Athlete, and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions .
It shall also promptly be reported into ADAMS .
4.4.4.6 If UWW (or the National Anti-Doping Organization , where it has agreed to consider the application on behalf of UWW ) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If UWW grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization.
If the National Anti -Doping Organization considers that the TUE granted by UWW does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.
7.
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by UWW remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition) pending WADA’s decision.
If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by UWW becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If UWW chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, UWW must permit that Athlete to apply for a retroactive TUE.
UWW 2021 Anti -Doping Rules Page 16 of 66 4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUE C upon grant of the TUE; (c) may be withdrawn by the TUE C if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal , or reversal of the TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shal l be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review UWW ’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti-Doping Organization.
In addition, WADA must review UWW ’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization .
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it.
If the TUE decision does not meet those criteria, WADA will reverse it.23 4.4.7.2 Any TUE decision by UWW (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of UWW ) that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti- Doping Organization , exclusively to CAS.24 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organization and/or UWW , exclusively to CAS.
23 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to c onduct in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
24 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the UWW’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision.
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision.
In any event, whether the decision has been reviewe d by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
UWW 2021 Anti -Doping Rules Page 17 of 66 4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant /recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal .
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations25 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose.
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations .
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 ( Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibit ed Substance or a Prohibited Method).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, UWW shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti-Doping Rules ”).
5.2.2 UWW may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.26 5.2.3 WADA shall have In -Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code.
5.2.4 If UWW delegates or contracts any part of Testing to a National Anti -Doping Organization directly or through a National Federation, that National Anti -Doping Organization may collect additional Samples or direct the laboratory to perform additional types of anal ysis at the National Anti -Doping Organization’s expense.
If additional Samples are collected or additional types of analysis are performed, UWW shall be notified.
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period.
At International Events , UWW (or other international organization which is the ruling body for an Event ) shall have authority to conduct Testing .
At National Events , 25 [Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organization’s rules.
See, e.g., Comment to Article 23.2.2 of the Code.]
26 [Comment to Article 5.2.2: UWW may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, UWW will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping.
A challenge to whether UWW had sufficient sus picion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
UWW 2021 Anti -Doping Rules Page 18 of 66 the National Anti -Doping Organization of that country shall have authority to conduct Testing.
At the request of UWW (or other international organization which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with UWW (or the relevant ruling body of the Event ).
5.3.2 If an Anti -Doping Organization , which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event , desires to conduct Testing of Athletes at the Event Venues during the Event Period , the Anti-Doping Organization shall first confer with UWW (or other international organization which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing.
If the Anti -Doping Organization is not satisfied with the response from UWW (or other international organization which is the ruling body of the Event ), the Anti-Doping Organization may , in accordance with the procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testing .