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In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one- half of the agreed-upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Suspension which was subsequently r... |
The decision by WADA and UWW to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a cas e resolution agreement under this Article, UWW shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .54 53 [Comment to Article 10.8.1: For exa... |
This resolves the case without any need for a hearing.] |
54 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement.] |
UWW 2021 Anti -Doping Rules Page 37 of 66 10.9 Multiple Violations 10.9.1 Second or Third Anti -Doping Rule Violation 10.9.1.1 For an Athlete or other Person’s second anti -doping rule violation, the period of Ineligibility shall be the greater of: (a) A six (6) month period of Ineligibility ; or (b) A ... |
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the second violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility . |
10.9.1. |
3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7. |
10.9.2 An anti -doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. |
In addition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9 . |
10.9.3 Additional Rules for Certain Pot ential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti -doping rule violation will only be considered a second violation if UWW can establish that the Athlet e or other Person ... |
If UWW cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggravating Circumstances . |
Resul ts in all Competitions dating back to the earlier UWW 2021 Anti -Doping Rules Page 38 of 66 anti-doping rule violation will be Disqualified as provided in Article 10.10.55 10.9.3.2 If UWW establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notificat... |
Where this Art icle 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.3 If UWW establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Contr ol process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand- alone first violation and the period of Ineligibility for s... |
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.4 If UWW estab lishes that a Person has committed a second or third anti-doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti-Doping Rule Violations during Ten (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete obt... |
56 [Comment to Article 10.10: Nothing in these Anti -Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti -doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.] |
UWW 2021 Anti -Doping Rules Page 39 of 66 10.11 Forfeited Prize Money If UWW recovers prize money forfeited as a result of an anti -doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete... |
Only in relation to the application of subsection (a), UWW may opt to invoice the Athlete or other Person ’s National Federation. |
10.12.2 The imposition of a financial sanction or the UWW 's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules. |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person, UWW or CAS ADD , if applicable, ... |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified.58 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person, then the Athlete or o... |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete 57 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on UWW to take any action to collect forfeited prize money. |
If UWW elects not to take any action to collect forfeited prize money, it may assign its right to recover such m oney to the Athlete(s) who should have otherwise recei ved the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by UWW and its Athletes.] |
58 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organization to discover and develop facts sufficient to establish an anti -doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirma... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
UWW 2021 Anti -Doping Rules Page 40 of 66 or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from UWW and th ereafter respects the Provisional Suspension, the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimate... |
A copy of the Athlete or other Person’ s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti -doping rule violation under Article 14.1.59 10.13.2.3 No credit against a period of Ineligibility shall be given for any time period befo... |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspen... |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but onl... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by UWW to provide whereabouts information.60 59 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in... |
60 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organized by their National Federation or a club which is a member of that National Federation o r which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non- Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non- Signatory International Event organization or a non- Signatory national -level Event organization without triggering the Consequences set forth in UWW 2021 Anti -Doping Rules Page 41 of 66 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to ... |
The new period of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where an Athlete Support Person or other Person assists a Person in violating the prohibiti on against participation during Ineligibility or a Provisional Suspension, UWW shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport -related financial support or other sport -related benefits received by such Person will be withheld by UWW and its Na... |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization described in this Article. |
Ineligibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a perio d of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance s tandard accomplished during a period of Ineligibility shall not be recognized by UWW or its National Federations for any purpose.] |
61 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the t raining period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Artic le 10.14.1 other than training.] |
UWW 2021 Anti -Doping Rules Page 42 of 66 ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports ) has been notified of an anti -doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate ... |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition, with all resulting Consequences for the team and its members, including forf... |
11.2.2 An anti -doping rule violation committed by a member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, excep... |
11.2.3 Where an Athlete who is a member of a team committed an anti -doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the team in any other Compet... |
ARTICLE 12 SANCTIONS BY UWW AGAINST OTHER SPORTING BODIES When UWW becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rules within that organization’s or body’s area of competence, UWW has th... |
12.2 Take additional disciplinary action s with respect to that organization’s or body’s recognition, the eligibility of their members to participate in UWW ’s activities, and /or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti-Doping Rules (other than viola... |
In such event: (a) all or some group of members of that organization or body may be banned fr om participation in any UWW activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to 100.000 Swiss Francs . |
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12. |
2.1 by Athletes or other Persons affiliated with that organization or UWW 2021 Anti -Doping Rules Page 43 of 66 body during a twelve (12) month period. |
In such event , that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 An Athlete or other Person affiliated with that organization or body has committed an anti -doping rule violation during a Competition on the UWW calendar or an Athlete included in the Registered Testing Pool has committed an anti -doping rule violation. |
In such event, that National Federation will be fined in an amount of 20.000 Swiss Francs. |
12.2.4 More than one Athlete or other Person affiliated with that organization or body commits an a nti-doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount of 50.000 Swiss Francs . |
12.2.5 That organization or body has failed to make diligent efforts to keep UWW informed about an Athlete's whereabouts after receiving a request for that information from UWW . |
In such event , that organization or body may be fined in an amount up to 10.000 Swiss Francs per Athlete , in addition to reimbursement of all of the UWW costs incurred in Testing that organization’s or body’s Athletes . |
12.3 Withhold some or all funding or other financial and non- financial support to that organization or body . |
12.4 Oblige that organization or body to reimburse UWW for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organization or body . |
ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 62 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the International Standards . |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.63 62 [Comment to Article 13: The object of the Code i... |
Anti -doping decisions by Anti -Doping Organizations are made transparent in Article 14. |
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
63 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather fo r clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete i n the appeal.] |
UWW 2021 Anti -Doping Rules Page 44 of 66 13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.64 13.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a right t... |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code; a decision by UWW not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordance ... |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation in an International Event or in cases involving International -Level Athlet es, the decision may be appealed exclusively to CAS.66 13.2.2 Appeals Involving Other Athletes or Other Persons In cas... |
The rules for such appeal shall respect the following principles: a timely hearing; a fair , impartial, Operationally Independent and Institutionally Independent hearing panel; the 64 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
65 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of UWW’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of UWW’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in UWW’s internal process and ap... |
66 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annul ment or enforcement of arbitral awards.] |
UWW 2021 Anti -Doping Rules Page 45 of 66 right to be represented by counsel at the Person's own expense; and a timely , written, reasoned decision . |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the appel late body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person wh... |
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and UWW shall also have the right to appeal to CAS with respect to the decision of the appel late body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti -Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
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