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20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under UWW's disciplinary rules.
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules.
21.2 To cooperate with the Athlete Testing program.
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes.
21.4 To disclose to UWW and their National Anti -Doping Organization any decision by a non-Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti -Doping Organizations investigating anti -doping rule violations.
74 [Comment to Article 20.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning.
For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.]
UWW 2021 Anti -Doping Rules Page 56 of 66 Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under UWW 's disciplinary rules.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under UWW 's disciplinary rule s. 21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering, may result in a charge of misconduct under UWW's disciplinary rules.
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rules.
22.2 To disclose to UWW and their National Anti -Doping Organization any decision by a non-Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
22.3 To cooperate with Anti -Doping Organizations investigating anti -doping rule violations.
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under UWW 's disciplinary rules.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person, which does not otherwise constitute Tampering, may result in a charge of misconduct under UWW's disciplinary rules.
ARTICLE 2 3 INTERPRETATION OF TH E CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code.
23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard, it shall mean calendar days unless otherwise specified.
UWW 2021 Anti -Doping Rules Page 57 of 66 23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
However, pre- Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.
23.7 The Purpose, Scope and Organization of the Worl d Anti -Doping Program and the Code and Appendix 1, Definitions, shall be considered integral parts of the Code .
ARTICLE 2 4 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti -Doping Rules, it shall mean calendar days unless otherwise specified.
24.2 These Anti -Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral part s of these Anti -Doping Rules.
24.5 The comments annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.
24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”) .
They repeal previous versions of UWW ’s Anti- Doping Rules .
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date.
H owever: 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
24.7.2 Any anti -doping rule violation case which is pending as of the Effective Date and any anti -doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive anti -doping rules in effect at the time the alleged anti-doping rule vio lation occurred, and not by the substantive anti -doping rules set out in these Anti -Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 1 6 are procedural rules, not substantive rules, and should be appli ed retroactively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 1 6 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).
UWW 2021 Anti -Doping Rules Page 58 of 66 24.7.3 Any Article 2.4 whereabouts failure (whether a f iling failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve ( 12) months after it occurred.
24.7.4 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to UWW or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.
Such application must be made before the period of Ineligibility has expired.
The decision rendered may be appealed pursuant to Article 13.2.
These Anti -Doping Rules shall have no application to any case where a final decision finding an anti-doping rule violation has been rendered an d the period of Ineligibility has expired.
24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti -Doping Rules been applicable, shall be applied .75 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to UWW or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.
75 [Comment to Article 24.7.5: Other than the situation described in Art icle 24.7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, t hese Anti-Doping Rules may not be used to re- characterize the prior violation.]
UWW 2021 Anti -Doping Rules Page 59 of 66 APPENDIX 1 DEFINITIONS76 ADAMS : The Anti -Doping Administration and Management System is a Web- based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legisl ation.
Administration: Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method.
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out -of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding : A report from a WADA- accredited laboratory or other WADA- approved laboratory that, consistent with the International Standard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method.
Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibi ted Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likely to enjoy the performance- enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation; or the Athlete or other Person engaged in Tamp ering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing, organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities related to anti -doping to be carried out by or on behalf of an Anti-Doping Organization, as set out in the Code and/or the International Standards .
Anti-Doping Organization: WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, and other Major Event Organizations that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .
Athlete : Any Person who competes in sport at the international level (as defined by each International Federation) or the national level (as defined by each National Anti -Doping Organization).
An Anti-Doping Organization has discretion to apply anti -doping rules to an Athlete who is neither an International -Level Athlete nor a National -Level Athlete, and thus to bring them within the definition of “ Athlete” .
In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .
76 [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
UWW 2021 Anti -Doping Rules Page 60 of 66 However, if an Article 2.1, 2.3 or 2.
5 anti -doping rule violation is committed by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti -doping information and Education, any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlet e.77 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel : Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition.
Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .
Atypical Finding : A report from a WADA- accredited laboratory or other WADA- approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding.
Atypical Passport Finding: A report described as an Atypical Passport Finding as described in the applicable International Standards .
CAS: The Court of Arbitration for Sport.
Code: The World Anti -Doping Code.
Competition: A single race, match, game or singular sport contest.
For example, a basketball game or the finals of the Olympic 100- meter race in athletics.
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provi ded in the rules of UWW .
Consequences of Anti -Doping Rule Violations (“Consequences ”): An Athlete's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti -doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14; (c) Provis ional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti -doping rule violation or to recover costs associated with an anti -doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier not ification in accordance with Article 14.
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.
77 [Comment to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International -Level Athlete, 2) National -Level Athlete, 3) individuals who are not International - or National -Level Athletes but over whom the International Federation or National Anti -Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federation or National Anti -Doping Organization has, or has chosen to, exercise authority.
All International - and National -Level Athletes are subject to the anti -doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti -doping rules of the International Federations and National Anti -Doping Organizations.]
UWW 2021 Anti -Doping Rules Page 61 of 66 Decision Limit : The value of the result for a threshold substance in a Sample, above which an Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories.
Delegated Third Party : Any Person to which UWW delegates any aspect of Doping Control or anti -doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti -doping Educational programs for UWW, or individuals serving as independent contractors who per form Doping Control services for UWW (e.g., non-employee Doping Control officers or chaperones) .
This definition does not include CAS.
Disqualification : See Consequences of Anti -Doping Rule Violations above.
Doping Control : All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to Testing, investigations , whereabouts, TUEs, Sample collection and handling, laboratory analysis, Results Management , and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension).
Education: The process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping.
Event : A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, World Championships of an International Federation, or Pan American Games).
Event Period: The time between the beginning and end of an Event , as established by the ruling body of the Event .
For UWW, the Event Period is considered the period which starts at 11:59 p. m. of the day before the Event and finishes at 11:59 p.m. of the day on which the Event ends.
Event Venues : Those venues so designated by the ruling body for the Event .
For UWW, the Event Venues are considered the official warming, training, accommodation , and competition venues for the Event .
Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing an Athlete ’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether t he Athlete or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk.
In assessing the Athlete’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’ s departure from the expected standard of behavior.
Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility , or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.78 Financial Consequences : See Consequences of Anti -Doping Rule Violations above.
In-Competition: The period commencing at 11: 59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .79 78 [Comment to Fault: The criterion for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of F ault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
79 [Comment to In- Competition: Having a universally accepted definition for In- Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In- Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in pr eventing any potential performance enhancement benefits from substances prohibited Out -of-Competition being carried over to the Competition period.]
UWW 2021 Anti -Doping Rules Page 62 of 66 Independent Observer Program: A team of observers and/or auditors, under the supervision of WADA, who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
Individ ual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence: Hearing panels on appeal shall be fully independent institutionally from the Anti -Doping Organization responsible for Results Management .