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WADA shall not grant approval for such Testing before consulting with and informing UWW (or other international organization which is the ruling body for the Event ). |
WADA’s decision shall be final and not subject to appeal. |
Unless otherwise provided in the authorization to conduct Testing, such tests shall be considered Out-of-Competition tests . |
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event .27 5.3.3 Every organizer of UWW’s International Events must plan for Testing to take place and must ensure that, during the Event , the necessary facilities, Sample collection materials and Testing personnel are available, and the Testing procedures are correctly applied in accordance with the International Standard for Testing and Investigation and pursuant to instructions issued by UWW. |
5.3.4 At UWW’s International Events , where UWW is the ruling body, UWW shall be responsible for defi ning the number of tests to be conducted and coordinating Testing, in accordance with these Anti -Doping Rules. |
5.3.5 The overall costs of Testing and Sample analysis shall be the responsibility of the organizing committee and/or the National Federation of the country in which the Competition or Event is taking place. |
UWW may at its own discretion decide to take responsibility for those costs. |
In any event, UWW shall have the right to select or approve the Sample collection agency or laboratory for the Competition or Event . |
5.4 Testing Requirements 5.4.1 UWW shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations. |
27 [Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event. |
Before gi ving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult wi th the National Anti-Doping Organization of the country where the Event takes place. |
The Anti -Doping Organization “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.] |
UWW 2021 Anti -Doping Rules Page 19 of 66 5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing . |
5.5 Athlete Whereabouts Information 5.5.1 UWW shall establish a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2. |
UWW shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information. |
5.5.2 UWW shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name. |
UWW shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool , and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria. |
Athletes shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool. |
The notification shall contain the information set out in the International Standard for Testing and Investigations. |
5.5.3 Where an Athlete is included in an international Registered Testing Pool by UWW and in a national Registered Testing Pool by their National Anti -Doping Organization, the National Anti -Doping Organization and UWW shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them. |
5.5.4 In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise UWW of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that i t remains accurate and complete at all times; and (c) make himself or herself available for Testing at such whereabouts. |
5.5.5 For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Results Management , where the conditions set forth in Annex B are met. |
5.5.6 An Athlete in UWW ’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigati ons unless and until (a) the Athlete gives written notice to UWW that he or she has retired or (b) UWW has informed him or her that he or she no longer satisfies the criteria for inclusion in UWW 's Registered Testing Pool . |
5.5.7 Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article 5.2. |
Whereabouts information shall be maintained in strict confidence at all times ; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control , providing information relevant to the Athlete Biological Passport UWW 2021 Anti -Doping Rules Page 20 of 66 or other analytical resul ts, to support an investigation into a potential anti -doping rule violation, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Sta ndard for the Protection of Privacy and Personal Information. |
5.5.8 UWW may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool . |
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by UWW or the Athlete’s failure to provide accurate whereabouts information may result in the consequences defined in Article 5.5.12 below . |
5.5.9 In accordance with the International Standard for Testing and Investigations, UWW may establish a Testing Pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in UWW ’s Registered Testing Pool . |
The collection of whereabouts and the inclusion of Athletes in the Testing Pool or other pool may be coordinated with the Athlete’s National Federation and/or National Anti -Doping Organisation and UWW may allocate the responsibility to collect the whereabouts information of Athletes included in its Testing Pool or other pool s to its National Federations . |
5.5.10 UWW shall notify Athletes before they are included in the Testing Pool and when they are removed. |
Such notification shall include the whereabouts requirements and the consequences that apply in case of non- compliance, as indicated in Articles 5.5.11 and 5.5.12 . |
5.5.11 Athletes included in the Testing Pool shall provide UWW at least with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address; (b) Competition / Event schedule; and (c) Regular training activities . |
Such whereabouts information should be filed in ADAMS to enable better Testing coordination with other Anti -Doping Organizations . |
5.5.1 2 An Athlete ’s failure to provide whereabouts information on or before the date required by UWW or the Athlete ’s failure to provide accurate whereabouts information may result in UWW elevating the Athlete to UWW ’s Registered Testing Pool and additional appropriate and proportionate non- Code Article 2.4 consequences, established by UWW if any . |
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in UWW ’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to UWW and their National Anti -Doping Organization. |
WADA, in consultation with UWW and the Athlete's National Anti -Doping Organization, may grant an exemption to the six (6) month written notice rule UWW 2021 Anti -Doping Rules Page 21 of 66 where the strict applicatio n of that rule would be unfair to the Athlete. |
This decision may be appealed under Article 13.28 Any competitive results obtained in violation of this Article 5. |
6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event . |
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organization that imposed the period of Ineligibility in writing of such retirement . |
If the Athlete then wishes to return to active competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to UWW and to thei r National Anti -Doping Organization. |
5.7 Independent Observer Program UWW and the organizing committees for UWW ’s Events , as well as the National Federations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events . |
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited , Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA- accredited laboratories or laboratories otherwise approved by WADA . |
The choice of the WADA- accredited or WADA- approved laboratory used for the Sample analysis shall be determined exclusively by UWW . |
29 6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means. |
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA- accredited or approved laboratories. |
6.2 Purpose of Analysis of Samples and Data Samples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited Lis t and other substances as may be directed by WADA pursuant to the m onitoring program described in Article 4.5 of the Code , or to assist UWW in profiling relevant parameters in an Athlete’s urine, blood or 28 [Comment to Article 5.6.1: WADA has developed a protocol and exemption application form that Athletes must use to make such requests, and a decision template that the International Federati ons must use. |
Both documents are available on WADA’s website at https://www.wada -ama.org.] |
29 [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredi ted laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results f rom other laboratories so long as the results are reliable.] |
UWW 2021 Anti -Doping Rules Page 22 of 66 other matrix, including for DNA or genomic profiling, or for any other legitimate anti -doping purpose.30 6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purposes , although no Sample may be used for research without the Athlete's written consent. |
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete. |
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code.31 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code, UWW shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations. |
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by UWW . |
Results from any such analysis shall be reported to UWW and have the same validity and Consequences as any other analytical result.32 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time UWW notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge. |
If after such notification UWW wishes to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body . |
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in a n Anti -Doping Rule Violation Charge After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and direct ed Sample collection or WADA. |
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti -Doping Organization that initiated and directed Sample collection or WADA, and shall be responsible for any follow -up Results Management . |
Any Sample storage or 30 [Comment to Article 6.2: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.] |
31 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related in formation for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non- research purposes must also first be proc essed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.] |
32 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample anal ysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.] |
UWW 2021 Anti -Doping Rules Page 23 of 66 further analysis initiated by WADA or another Anti -Doping Organization shall be at WADA ’s or that organization's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
6.7 Split of A or B Sample Where WADA, an Anti-Doping Organization with Results Management authority , and/or a WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority ) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of t he split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed. |
6.8 WADA’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization. |
Upon request by WADA, the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. |
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti -Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. |
After analysis and any investigation of a seized Sample or data, WADA may direct another Anti -Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.33 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner. |
7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti -Doping Organization that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti -Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti -doping rule violation). |
7.1.2 In circumstances where the rules of a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other 33 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non- compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a v iolation of the International Standard for Laboratories. |
Where necessary, the laboratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non- compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences.] |
UWW 2021 Anti -Doping Rules Page 24 of 66 Person who is not a national, resident, license holder, or member of a sport organization of that country, or the National Anti -Dopin g Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation. |
7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organization, or an anti -doping rule violation occurri ng during such Event , the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results Management . |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by UWW or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If UWW determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organizations . |
7.1.5 Other circumstances in which UWW shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code. |
7.1.6 WADA may direct UWW to conduct Results Management in particular circumstances . |
If UWW refuses to conduct Results Management within a reasonable deadline set by WADA, such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person, that is willing to do so, to take Results Management responsibility in place of UWW or, if there is no such Anti -Doping Organization, any other Anti-Doping Organization that is willing to do so. |
In such case, UWW shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non-compliance. |
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations UWW shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management . |
7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, UWW shall refer to ADAMS and contact WADA and other relevant Anti -Doping Organizations to determine whether any prior anti -doping rule violation exists. |
UWW 2021 Anti -Doping Rules Page 25 of 66 7.4 Provisional Suspensions 34 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If UWW receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method, UWW shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2. |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the CAS Anti -Doping Division (CAS ADD) that the violation is likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
The CAS ADD ’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable. |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti-Doping Rule Violations UWW may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8. |
An optional Provisional Suspension may be lifted at the discretion of UWW at any time prior to the CAS ADD ’s decision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after the imposition of the Provisional Suspension. |
The imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, may be appealed in an expedited process in accordance with Article 13.2. |
7.4.4 Voluntary Acceptance of Provisional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample) or ten (10) days from the notice of 34 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by UWW, the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.] |
UWW 2021 Anti -Doping Rules Page 26 of 66 any other anti -doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice. |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten ( 10) days from the notice of the anti -doping rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepti ng a Provisional Suspension, the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any credit for time previously served during the Provisional Suspension. |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athlete or UWW ) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. |
In circumstances where the Athlete (or the Athlete's team) has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Event , the Athlete or team may continue to take part in the Event . |
7.5 Results Management Decisions Results Management decisions or adjudications by UWW must not purport to be limited to a particular geographic area or UWW ’s sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violati on was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti -doping rule violation(s), including applicable Disq ualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .35 7.6 Notification of Results Management Decisions UWW shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management . |
35 [Comment to Article 7.5: Results Management deci sions include Provisional Suspensions. |
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