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However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.5 based on No Significant Fault or Negligence. |
]World Anti-Doping Code • 20151 PARTDoping Control64ARTICLE 10 Sanctions on Individuals10.5 Reduction of the P eriod of Ineligibility based on No Significant Fault or Negligence 10.5.1 Reduction of Sanctions for Specified Substances or Contaminated Products for Violations of Article 2.1, 2.2 or 2.6. |
10.5.1.1 Specified Substances Where the anti-doping rule violation involves a Specified Substance, and the athlete or other Person can establish no Significant fault or negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two years of Ine... |
10.5.1.2 Con taminated Products in cases where the athlete or other Person can establish no Significant fault or negligence and that the detected Prohibited Substance came from a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maxi... |
10.5.2 Application of n o Significant fault or n egligence beyond the Application of Article 10.5.1[Comment to Article 10.5.1.2: In assessing that Athlete’s degree of Fault, it would, for example, be favorable for the Athlete if the Athlete had declared the product which was subsequently determined to be contamina... |
]World Anti-Doping Code • 201565 i f an a thlete or other Person establishes in an individual case where Article 10.5.1 is not applicable, that he or she bears no Significant fault or negligence, then, subject to further reduction or elimination as provided in Article 10.6, the otherwise applicable period of Ineligi... |
if the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight years. |
10.6 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons other than Fault 10.6.1 Substantial assistance in Discovering or Establishing Anti-Doping Rule Violations. |
10.6.1.1 An anti-doping organization with results management responsibility for an anti-doping rule violation may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case where the athlete or other Person ... |
]World Anti-Doping Code • 20151 PARTDoping Control66ARTICLE 10 Sanctions on Individualsanother Person, or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the information provided by the Person... |
After a final appellate decision under Article 13 or the expiration of time to appeal, an anti-doping organization may only suspend a part of the otherwise applicable period of Ineligibility with the approval of Wada and the applicable international Federation. |
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 doping ... |
No more than three-quarters of the otherwise applicable period of Ineligibility 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 years. |
if the athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial assistance upon which a suspension of the period of Ineligibility was based, the anti-doping organization that suspended the period of Ineligibility shall reinstate the original period of Ineligibility. |
if an anti-doping organization decides to reinstate a suspended period of Ineligibility or decides not to reinstate World Anti-Doping Code • 201567a suspended period of Ineligibility, that decision may be appealed by any Person entitled to appeal under Article 13. |
10.6.1.2 To further encourage athletes and other Persons to provide Substantial assistance to anti-doping organizations , at the request of the anti-doping organization conducting results management or at the request of the athlete or other Person who has, or has been asserted to have, committed an anti-doping ru... |
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 , and/or no return of prize money or payment of fines or costs. |
Wada’s approval shall be subject to reinstatement of sanction, as otherwise provided in this Article. |
Notwithstanding Article 13, Wada’s decisions in the context of this Article may not be appealed by any other anti-doping organization. |
10.6.1.3 if an anti-doping organization 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 14.2. in uniq... |
10.6.2 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 anti-d... |
10.6.3 Pr ompt Admission of an Anti-Doping Rule Violation after being Confronted with a Violation Sanctionable under Article 10.2.1 or Article 10.3.1ARTICLE 10 Sanctions on Individuals[Comment to Article 10.6.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti-dop... |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person 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. |
][Comment to Article 10.6.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport. |
This is the only circumstance under the Code where the suspension of an otherwise applicable period of Ineligibility is authorized. |
]World Anti-Doping Code • 2015 69 An a thlete or other Person potentially subject to a four-year sanction under Article 10.2.1 or 10.3.1 (for evading or refusing Sample Collection or tampering with Sample Collection), by promptly admitting the asserted anti-doping rule violation after being confronted by an anti-dop... |
10.6.4 Application of Multiple grounds for Reduction of a Sanction Where an athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.4, 10.5 or 10.6, before applying any reduction or suspension under Article 10.6, the otherwise applicable period of Ineligib... |
First, the hearing panel determines which of the basic sanctions (Article 10.2, 10.3, 10.4, or 10.5) apply to the particular anti-doping rule violation. |
Second, if the basic sanction provides for a range of sanctions, the hearing panel must determine the applicable sanction within that range according to the Athlete or other Person’s degree of Fault. |
In a third step, the hearing panel establishes whether there is a basis for elimination, suspension, or reduction of the sanction (Article 10.6). |
Finally, the hearing panel decides on the commencement of the period of Ineligibility under Article 10.11. |
Several examples of how Article 10 is to be applied are found in Appendix 2. |
]World Anti-Doping Code • 20151 PARTDoping Control70ARTICLE 10 Sanctions on Individuals10.7 Multiple Violations 10.7.1 For an athlete or other Person’s second anti-doping rule violation, the period of Ineligibility shall be the greater of: (a) six months; (b) one-half of the period of Ineligibility imposed... |
The period of Ineligibility established above may then be further reduced by the application of Article 10.6. |
10.7.2 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 10.4 or 10.5, or involves a violation of Article 2.4. in these particular cases, the period ... |
10.7.3 An anti-doping rule violation for which an athlete or other Person has established no fault or negligence shall not be considered a prior violation for purposes of this Article. |
10.7.4 Additional Rules for Certain Potential Multiple Violations 10.7.4.1 For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if the anti-doping organization can establish that the athlete or other Person committed the second anti-doping ru... |
if the anti-doping organization 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. |
10.7.4.2 if, after the imposition of a sanction for a first anti-doping rule violation, an anti-doping organization discovers facts involving an anti-doping rule violation by the athlete or other Person which occurred prior to notification regarding the first violation, then the anti-doping organization shall impose a... |
Results in all Competitions dating back to the earlier anti-doping rule violation will be disqualified as provided in Article 10.8. |
10.7.5 Multiple Anti-Doping Rule Violations during Ten-year Period For purposes of Article 10.7, each anti-doping rule violation must take place within the same ten-year period in order to be considered multiple violations.World Anti-Doping Code • 20151 PARTDoping Control72ARTICLE 10 Sanctions on Individuals10.8... |
10.10 Financial Consequences anti-doping organizations may, in their own rules, provide for proportionate recovery of costs or financial sanctions on account of anti-doping rule violations. |
However, anti-doping organizations may only impose financial sanctions in cases where the maximum period of Ineligibility otherwise applicable has already been imposed. |
Financial sanctions may only be imposed where the principle of proportionality is satisfied. |
No recovery of [Comment to Article 10.8: Nothing in the Code 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. |
]World Anti-Doping Code • 201573costs or financial sanction may be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under the Code.10.11 Commencement of Ineligibility Period Except as provided below, the period of Ineligibility shall start on the date of the final... |
10.11.1 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 not attributable to the athlete or other Person, the body imposing the sanction may start the period of Ineligibility at an earlier date commencing as earl... |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be disqualified . |
10.11.2 Timely Admission Where the athlete or other Person promptly (which, in all events, for an athlete means before the athlete competes again) admits the anti-doping rule violation after being confronted with the anti-doping rule violation by the anti-doping organization, the period of Ineligibility may start ... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used. |
]World Anti-Doping Code • 20151 PARTDoping Control74ARTICLE 10 Sanctions on Individualsviolation last occurred. |
in each case, however, where this Article is applied, the athlete or other Person shall serve at least one-half of the period of Ineligibility going forward from the date the athlete or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is ot... |
This Article shall not apply where the period of Ineligibility already has been reduced under Article 10.6.3. |
10.11.3 Credit for Provisional Suspension or Period of Ineligibility Served 10.11.3.1 if a Provisional Suspension is imposed and respected by the athlete or other Person , then the athlete or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ... |
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. |
10.11.3.2 if an athlete or other Person voluntarily accepts a Provisional Suspension in writing from an anti-doping organization with results management authority and thereafter respects the Provisional Suspension, the athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension... |
A copy of the athlete or other Person’s voluntary acceptance of a Provisional Suspension World Anti-Doping Code • 201575shall be provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Article 14.1. |
10.11.3.3 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the athlete elected not to compete or was suspended by his or her team. |
10.11.3.4 in team Sports , where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise impos... |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
10.12 Status during Ineligibility 10.12.1 Prohibition against Participation during Ineligibility No athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than authorized anti-doping education or rehabilitation... |
][Comment to Article 10.11: Article 10.11 makes clear that delays not attributable to the Athlete, timely admission by the Athlete and Provisional Suspension are the only justifications for starting the period of Ineligibility earlier than the date of the final hearing decision. |
]World Anti-Doping Code • 20151 PARTDoping Control76ARTICLE 10 Sanctions on Individualsor organized by any Signatory, Signatory’s member organization, or a club or other member organization of a Signatory’s member organization, or in Competitions authorized or organized by any professional league or any internationa... |
An athlete or other Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate as an athlete in local sport events not sanctioned or otherwise under the jurisdiction of a Code Signatory or member of a Code Signatory, but only so long a... |
An athlete or other Person subject to a period of Ineligibility shall remain subject to testing. |
[Comment to Article 10.12.1: For example, subject to Article 10.12.2 below, an Ineligible Athlete cannot participate in a training camp, exhibition or practice organized by his or her National Federation or a club which is a member of that National Federation or 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 Article 10.12.3. |
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, Mutual Recognition). |
]World Anti-Doping Code • 201577 10.12.2 Return t o Training As an exception to Article 10.12.1, an athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory’s member organization during the shorter of: (1) the last two months of the athlete’s period of I... |
10.12.3 Violation of the Prohibition of Participation during Ineligibility Where an athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.12.1, the results of such participation shall be disqualified and a new period of In... |
The new 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. |
[Comment to Article 10.12.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), an Athlete cannot effectively train on his or her own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.12.1 other than training. |
]World Anti-Doping Code • 20151 PARTDoping Control78ARTICLE 10 Sanctions on Individuals ARTICLE 11 Consequences to Teams Wher e an a thlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility, an anti-doping organization with jurisdiction over ... |
10.12.4 Withholding of Financial Support during Ineligibility in addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.4 or 10.5, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by Signatories, Sig... |
10.13 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
[Comment to Article 10: Harmonization of sanctions has been one of the most discussed and debated areas of anti-doping. |
Harmonization means that the same rules and criteria are applied to assess the unique facts of each case. |
Arguments against requiring harmonization of sanctions are based on differences between sports including, for example, the following: in some sports the Athletes are professionals making a sizable income from the sport and in others the Athletes are true amateurs; in those sports where an Athlete’s career is short, a s... |
A primary argument in favor of harmonization is that it is simply not right that two Athletes from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports. |
In addition, flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organizations to be more lenient with dopers. |
The lack of harmonization of sanctions has also frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping Organizations. |
]World Anti-Doping Code • 201579ARTICLE 11 CONSEQUENCES TO TEAMS11.1 T esting of Team Sports Where more than one member of a team in a team Sport 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 target testing of t... |
11.3 Event Ruling Body may Establish Stricter Consequences for Team Sports The ruling body for an event may elect to establish rules for the event which impose Consequences for team Sports stricter than those in Article 11.2 for purposes of the event. |
[Comment to Article 11.3: For example, the International Olympic Committee could establish rules which would require Disqualification of a team from the Olympic Games based on a lesser number of anti-doping rule violations during the period of the Games. |
]World Anti-Doping Code • 20151 PARTDoping Control80ARTICLE 12 Sanctions Against Sporting BodiesARTICLE 13 AppealsARTICLE 12 SANC TIONS AGAINST SPORTING BODIESNothing in the Code precludes any Signatory or government accepting the Code from enforcing its own rules for the purpose of imposing sanctions on another... |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
Before an appeal is commenced, any post-decision review provided in the anti-doping organization’s rules must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided in Article 13.1.3). |
13.1.1 S cope 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. |
[Comment to Article 12: This Article makes it clear that the Code does not restrict whatever disciplinary rights between organizations may otherwise exist. |
]World Anti-Doping Code • 201581 13.1.2 C aS Shall Not Defer to the Findings Being Appealed in making its decision, CaS need not give deference to the discretion exercised by the body whose decision is being appealed. |
13.1.3 W ada Not Requir ed to Exhaust i nternal Remedies Where Wada has a right to appeal under Article 13 and no other party has appealed a final decision within the anti-doping organization’s process, Wada may appeal such decision directly to CaS without having to exhaust other remedies in the anti-doping organiz... |
][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. |
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