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Each decision by UWW should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport i n every country. |
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In- Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the ... |
UWW 2021 Anti -Doping Rules Page 27 of 66 7.7 Retirement from Sport36 If an Athlete or other Person retires while the UWW ’s Results Management process is underway , UWW retains authority to complete its R esults Management process. |
If an Athlete or other Person retires before any Result s Management process has begun, and UWW would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, UWW has authority to conduct R esults Management . |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, UWW shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Co... |
8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel UWW has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti -Doping Division (CAS ADD). |
The procedural rules of CAS ADD pertaining to the hearing of first instance shall apply. |
CAS ADD will alway s ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1.2 Hearing Process 8.1.2.1 When UWW sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to CAS ADD for hearing and adj... |
8.1.2.2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by C AS ADD.37 8.1.2.3 WADA, the National Federation and the National Anti -Doping Organization of the Athlete or other Per... |
In any event, UWW shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
36 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organiza... |
37 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of ... |
UWW 2021 Anti -Doping Rules Page 28 of 66 8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, CAS ADD shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period o... |
8.2.2 UWW shall notify that decision to the Athlete or other Person and to other Anti -Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping violation is asser ted may waive a hearing expressly and agree with the Consequences proposed by UWW . |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty (20) days or the deadline otherwise specified in the notice sent by the UWW asserting the violation, then they shall be deemed to have waived a hearing, to have admitted t... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before CAS ADD shall not be required. |
Instead UWW shall promptly issue a written decision that conforms with Arti cle 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for ... |
8.3.4 UWW shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
UWW shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person, UWW (where it has Results Management responsibility in accordance with Article 7) and WADA, be heard in a sing... |
Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti -Doping Organizations to incur the extra expense of t wo (2) hearings . |
An Anti -Doping Organization may participate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or other Person and UWW (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.] |
UWW 2021 Anti -Doping Rules Page 29 of 66 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In -Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequence... |
2. |
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .40 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competitions other than the Competition in which the anti -doping rule violation occurred were likely ... |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential eliminat ion, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.... |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.] |
40 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships).] |
41 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that i n a doping case under Article 2.1 an Athlete will be s... |
UWW 2021 Anti -Doping Rules Page 30 of 66 10.2.1.2 The anti -doping rule violation involves a Specified Substance or a Specified Method and UWW can establish that the anti -doping rule violation was intentional. |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and mani... |
An anti -doping rule violation resulting f rom an Adverse Analytical Finding for a substance which is only prohibited In -Competition shall be rebuttably presumed to be not “ intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competitio... |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In -Competition shall not be considered “ intentional ” if the substance is not a Specified Substance and the Athlete can est ablish that the Prohibited Substance was Used Out-of-Competition in a con... |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by UWW . |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.43 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to spo... |
42 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.] |
43 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of UWW. |
This Article is intended t o give UWW the leew ay to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.] |
UWW 2021 Anti -Doping Rules Page 31 of 66 10.3 Ineligibility for Other Anti -Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can establish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibility... |
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault . |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing. |
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel . |
In additio n, significant violations of Article 2.7 or 2.8 which may also violate non- sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.44 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) year... |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.45 44 [Comment to Article 10.3.3: Those who are involved in doping Athl... |
Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
45 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that enti ty may be disciplined as provided in Article 12.] |
UWW 2021 Anti -Doping Rules Page 32 of 66 10.3.6 For violations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation by the Athlete or other Person.46 10.4 Aggravating Circumstances which may Increase the... |
All reductions under Article 10.6.1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse) or Specified Method, and the Athlete or other Person can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum,... |
47 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attemp ted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retal iate Against Reporting to Authorities) are not included in t... |
48 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); (b... |
However, depending on the unique fac ts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence.] |
UWW 2021 Anti -Doping Rules Page 33 of 66 years of Ineligibility , depending on the Athlete’s or other Person’s degree of Fault . |
10.6.1.2 Contaminated Products In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand and no ... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as pr... |
7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than one- half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.50 49 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substan... |
It should be further noted that Athletes are on notice that they take nu tritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Produc t. In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for ... |
This Article should not be extended beyond products that have gone through some process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non- product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti -doping rule violation, typically there would be No Fault or Negligence under Article 10.5.] |
50 [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti -doping rule violation except those Articles where intent is an element of the anti -doping rule violation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is alr... |
UWW 2021 Anti -Doping Rules Page 34 of 66 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons o ther than Fault 10.7.1 Substantial Assistance in Discovering or Establishing Code Violations51 10.7.1.1 UWW may, prior to an appellate decision under Article ... |
After an appellate decision under Article 13 or the expiration of time to appeal, UWW may only suspend a part of the otherwise appli cable Consequences with the approval of WADA. |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate dopin... |
No more than three-quarters of the otherwise applicable period of Inel igibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non- suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibilit y shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of these Anti -Doping Rules . |
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, UWW shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which 51 [Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping ... |
UWW 2021 Anti -Doping Rules Page 35 of 66 a suspension of Consequences was based, UWW shall reinstate the original Consequences . |
If UWW decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Athletes and other Person s to provide Substantial Assistance to Anti-Doping Organizations , at the request of UWW or at the request of the Athlete or other Person who has , or has been asserted to have, committed an anti -doping rule violation, or other violation of the Code, WADA ma... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility , no mandatory Public Disclosure and/or no return of prize money or payment of fines o... |
WADA ’s approval shall be subject to reinstatement of Consequences , as o therwise provided in this Article. |
Notwithstanding Article 13, WADA’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If UWW suspends any part of an otherwise applicable sanction because of Substantial Assistance, then notice providing justification for the decision shall be provided to the other Anti-Doping Organizations with a right to appeal under Article 13.2.3 as provided in Article 14. |
In unique circumstances where WADA determines that it would be in the bes t interest of anti -doping, WADA may authorize UWW to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
10.7.2 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where an Athlete or other Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an ant... |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Perso n believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
UWW 2021 Anti -Doping Rules Page 36 of 66 suspension under Article 10.7, the otherwise applicable period of Ineligibility shall be determined in accordanc e with Articles 10.2, 10.3, 10.5, and 10.6. |
If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below o ne-fourth of the otherwise applicable period of Ineligibility . |
10.8 Results Management Agreements 10.8.1 One (1) Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where an Athlete or other Person, after being notified by UWW of a potential anti -doping rule violation that carries an asserted period of Ineligibility ... |
Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.53 10.8.2 Case Resolution Agreement Where the Athlete or other Person ad... |
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