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]World Anti-Doping Code • 20151 PARTDoping Control82ARTICLE 13 Appealsanti-doping o rganization not to bring forward an a dverse 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 under Article 7.7; a decision to impose a Provisional Suspension as a result of a Provisional hearing; an anti-doping organization’s failure to comply with Article 7.9; a decision that an anti-doping organization lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under Article 10.6.1; a decision under Article 10.12.3; and a decision by an anti-doping organization not to recognize another anti-doping organization’s decision under Article 15 may be appealed exclusively as provided in this Article 13.2. |
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 athletes, the decision may be appealed exclusively to CaS. |
13.2.2 Appeals involving Other athletes or Other Persons in cases where Article 13.2.1 is not applicable, the decision may be appealed to an independent and impartial body in accordance with rules established by the national anti-doping organization. |
The rules for such appeal shall respect the following principles:[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards. |
]World Anti-Doping Code • 201583 • a timel y hearing; • a fair and impartial hearing panel; • the right to be represented by counsel at the Person’s own expense; and • a timely, written, reasoned decision. |
13.2.3 Persons Entitled to Appeal 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 to the case in which the decision was rendered; (c) the relevant International Federation; (d) the national anti-doping organization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the international Olympic Committee or international Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic games or Paralympic games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) Wada. |
in cases under Article 13.2.2, the parties having the right to appeal to the national-level appeal 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 who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) the national anti-doping organization of the Person’s country of residence; (e) the International Olympic Committee or international Paralympic Committee, as applicable, where the decision [Comment to Article 13.2.2: An Anti-Doping Organization may elect to comply with this Article by providing for the right to appeal directly to CAS. |
]World Anti-Doping Code • 20151 PARTDoping Control84ARTICLE 13 Appealsmay have an effect in relation to the Olympic games or Paralympic games, including decisions affecting eligibility for the Olympic games or Paralympic games, and (f) Wada. |
For cases under Article 13.2.2, W ada, the international Olympic Committee, the international Paralympic Committee, and the relevant international Federation shall also have the right to appeal to CaS with respect to the decision of the national-level appeal 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. |
The filing deadline for an appeal filed by Wada shall be the later of: (a) Twenty-one days after the last day on which any other party in the case could have appealed, or (b) Twenty-one days after W ada’s receipt of the complete file relating to the decision. |
Notwithstanding any other provision herein, the only Person who may appeal from a Provisional Suspension is the athlete or other Person upon whom the Provisional Suspension is imposed.World Anti-Doping Code • 201585 1 3.2.4. |
C ross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CaS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.13.3 Failure to Render a Timely Decision by an Anti-Doping Organization Where, in a particular case, an anti-doping organization fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by Wada, Wada may elect to appeal directly to CaS as if the anti-doping organization had rendered a decision finding no anti-doping rule violation. |
if the CaS hearing panel determines that an anti-doping rule violation was committed and that W ada acted reasonably in electing to appeal directly to CaS, then Wada’s costs and attorney fees in prosecuting the appeal shall be reimbursed to Wada by the anti-doping organization. |
[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. |
This provision permits a full hearing for all parties. |
][Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and results management process, it is not feasible to establish a fixed time period for an Anti-Doping Organization to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with the Anti-Doping Organization and give the Anti-Doping Organization an opportunity to explain why it has not yet rendered a decision. |
Nothing in this Article prohibits an International Federation from also having rules which authorize it to assume jurisdiction for matters in which the results management performed by one of its National Federations has been inappropriately delayed. |
]World Anti-Doping Code • 20151 PARTDoping Control86ARTICLE 13 AppealsARTICLE 14 Confidentiality and Reporting13.4 Appeals Relating t o TUEs tue decisions may be appealed exclusively as provided in Article 4.4.13.5 Notification of Appeal Decisions Any anti-doping organization that is a party to an appeal shall promptly provide the appeal decision to the athlete or other Person and to the other anti-doping organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Appeals from Decisions under Part Three and Part Four of the Code With respect to a Wada report of non-compliance under Article 23.5.4, or any Consequences imposed under Part Three (Roles and Responsibilities) of the Code, the entity to which the Wada report pertains or upon which Consequences are imposed under Part Three of the Code shall have the right to appeal exclusively to CaS in accordance with the provisions applicable before such court.13.7 Appeals from Decisions Suspending or Revoking Laboratory Accreditation Decisions by Wada to suspend or revoke a laboratory’s Wada accreditation may be appealed only by that laboratory with the appeal being exclusively to CaS. |
[Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. |
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 federations, who might benefit from having another competitor disqualified. |
]World Anti-Doping Code • 201587ARTICLE 14 CONFIDENTIALITY AND REPORTINGThe principles of coordination of anti-doping results, public transparency and accountability and respect for the privacy of all athletes or other Persons are as follows:14.1 Information Concerning Adverse Analytical Findings, Atypical Findings, and other Asserted Anti-Doping Rule Violations 14.1.1 Notice of Anti-Doping Rule Violations to athletes and other Persons The form and manner of notice of an asserted anti-doping rule violation shall be as provided in the rules of the anti-doping organization with results management responsibility. |
14.1.2 Notice of Anti-Doping Rule Violations to national anti-doping organizations, international Federations and Wada The anti-doping organization with results management responsibility shall also notify the athlete’s national anti-doping organization, international Federation and Wada of the assertion of an anti-doping rule violation simultaneously with the notice to the athlete or other Person. |
14.1.3 Content of an Anti-Doping Rule Violation Notice Notification shall include: the athlete’s name, country, sport and discipline within the sport, World Anti-Doping Code • 20151 PARTDoping Control88ARTICLE 14 Confidentiality and Reportingthe a thlete’s competitive level, whether the test was In-Competition or out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory and other information as required by the international Standard for Testing and investigations, or, for anti-doping rule violations other than Article 2.1, the rule violated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in notice of an anti-doping rule violation pursuant to Article 14.1.1, the anti-doping organizations referenced in Article 14.1.2 shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter. |
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable national olympic Committee, National Federation, and team in a team Sport) until the anti-doping organization with results management responsibility has made Public disclosure or has failed to make Public disclosure as required in Article 14.3. |
[Comment to Article 14.1.5: Each Anti-Doping Organization shall provide, in its own anti-doping rules, procedures for the protection of confidential information and for investigating and disciplining improper disclosure of confidential information by any employee or agent of the Anti-Doping Organization. |
]World Anti-Doping Code • 20158914.2 Notic e of Anti-Doping Rule Violation Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions rendered pursuant to Article 7.10, 8.4, 10.4, 10.5, 10.6, 10.12.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed. |
Where the decision is not in English or French, the anti-doping organization shall provide a short English or French summary of the decision and the supporting reasons. |
14.2.2 An anti-doping organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within 15 days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Discl osure 14.3.1 The identity of any athlete or other Person who is asserted by an anti-doping organization to have committed an anti-doping rule violation, may be Publicly disclosed by the anti-doping organization with results management responsibility only after notice has been provided to the athlete or other Person in accordance with Article 7.3, 7.4, 7.5, 7.6 or 7.7, and to the applicable anti-doping organizations in accordance with Article 14.1.2. |
14.3.2 No later than twenty days after it has been determined in a final appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, the anti-doping organization World Anti-Doping Code • 20151 PARTDoping Control90ARTICLE 14 Confidentiality and Reportingresponsible for results management must Publicly report the disposition of the anti-doping matter including the sport, the anti-doping rule violated, the name of the athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. |
The same anti-doping organization must also Publicly report within twenty days the results of final appeal decisions concerning anti-doping rule violations, including the information described above. |
14.3.3 in any case where it is determined, after a hearing or appeal, that the athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly disclosed only with the consent of the athlete or other Person who is the subject of the decision. |
The anti-doping organization with results management responsibility shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly disclose the decision in its entirety or in such redacted form as the athlete or other Person may approve. |
14.3.4 Publication shall be accomplished at a minimum by placing the required information on the anti-doping organization’s website and leaving the information up for the longer of one month or the duration of any period of Ineligibility . |
14.3.5 No anti-doping organization or W ada-accredited laboratory, or official of either, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to the athlete, other Person or their representatives.World Anti-Doping Code • 201591 14.3.6 T he mandatory Public re porting required in 14.3.2 shall not be required where the athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor . |
Any optional Public reporting in a case involving a Minor shall be proportionate to the facts and circumstances of the case.14.4 Statistical Reporting anti-doping organizations shall, at least annually, publish publicly a general statistical report of their doping Control activities, with a copy provided to W ada. |
anti-doping organizations may also publish reports showing the name of each athlete tested and the date of each testing. |
Wada shall, at least annually, publish statistical reports summarizing the information that it receives from anti-doping organizations and laboratories.14.5 Doping Control Information Clearinghouse Wada shall act as a central clearinghouse for doping Control testing data and results, including, in particular, athlete biological Passport data for International-level athletes and national-level athletes and whereabouts information for athletes including those in registered testing Pools. |
To facilitate coordinated test distribution planning and to avoid unnecessary duplication in testing by various anti-doping organizations, each anti-doping organization shall report all In-Competition and out-of-Competition tests on such athletes to the Wada clearinghouse, using adaMS or another system approved by Wada, as soon as possible after such tests have been conducted. |
This information will be made accessible, where appropriate and in accordance with the applicable rules, to the athlete, the athlete’s national anti-doping organization and international Federation, and any other anti-doping organizations with testing authority over the athlete. |
World Anti-Doping Code • 20151 PARTDoping Control92ARTICLE 14 Confidentiality and ReportingARTICLE 15 Application and Recognition of Decisions T o enable it to serve as a clearinghouse for d oping Control testing data and results management decisions, Wada has developed a database management tool, adaMS, that reflects data privacy principles. |
in particular, Wada has developed adaMS to be consistent with data privacy statutes and norms applicable to Wada and other organizations using adaMS. |
Private information regarding an athlete, athlete Support Personnel, or others involved in anti-doping activities shall be maintained by Wada, which is supervised by Canadian privacy authorities, in strict confidence and in accordance with the international Standard for the Protection of Privacy and Personal information. |
14.6 Data Privacy anti-doping organizations may collect, store, process or disclose personal information relating to athletes and other Persons where necessary and appropriate to conduct their anti-doping activities under the Code and International Standards (including specifically the international Standard for the Protection of Privacy and Personal information), and in compliance with applicable law. |
[Comment to Article 14.6: Note that Article 22.2 provides that “Each government will put in place legislation, regulation, policies or administrative practices for cooperation and sharing of information with Anti-Doping Organizations and sharing of data among Anti-Doping Organizations as provided in the Code.”]World Anti-Doping Code • 201593ARTICLE 15 APPLIC ATION AND RECOGNITION OF DECISIONS15.1 Subject to the right to appeal provided in Article 13, testing , hearing results or other final adjudications of any Signatory which are consistent with the Code and are within that Signatory’s authority, shall be applicable worldwide and shall be recognized and respected by all other Signatories .15.2 Signatories shall recognize the measures taken by other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code . |
[Comment to Article 15.1: The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions. |
][Comment to Article 15.2: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, Signatories should attempt to apply the decision in harmony with the principles of the Code. |
For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in his or her body but the period of Ineligibility applied is shorter than the period provided for in the Code, then all Signatories should recognize the finding of an anti-doping rule violation and the Athlete’s National Anti-Doping Organization should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed. |
]World Anti-Doping Code • 20151 PARTDoping Control94ARTICLE 16 Doping Con trol for Animals Competing in SportARTICLE 17 Statute of LimitationsARTICLE 16 DOPING CONTROL FOR ANIMALS COMPETING IN SPORT16.1 in any sport that includes animals in Competition , the international Federation for that sport shall establish and implement anti-doping rules for the animals included in that sport. |
The anti-doping rules shall include a list of Prohibited Substances, appropriate testing procedures and a list of approved laboratories for Sample analysis.16.2 With respect to determining anti-doping rule violations, results management, fair hearings, Consequences , and appeals for animals involved in sport, the international Federation for that sport shall establish and implement rules that are generally consistent with Articles 1, 2, 3, 9, 10, 11, 13 and 17 of the Code .ARTICLE 17 STATUTE OF LIMITATIONSNo anti-doping rule violation proceeding may be commenced against an athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred. |
PART TWOEDUCATION AND RESEARCHWorld Anti-Doping Code • 201596ARTICLE 18 Educ ationARTICLE 18 EDUCATION18.1 Basic Principl e and Primary Goal The basic principle for information and education programs for doping-free sport is to preserve the spirit of sport, as described in the introduction to the Code, from being undermined by doping. |
The primary goal of such programs is prevention. |
The objective shall be to prevent the intentional or unintentional use by athletes of Prohibited Substances and Prohibited Methods. |
information programs should focus on providing basic information to athletes as described in Article 18.2. |
Education programs should focus on prevention. |
Prevention programs should be values based and directed towards athletes and athlete Support Personnel with a particular focus on young people through implementation in school curricula. |
All Signatories shall within their means and scope of responsibility and in cooperation with each other, plan, implement, evaluate and monitor information, education, and prevention programs for doping-free sport.18.2 Programs and Activities These programs shall provide athletes and other Persons with updated and accurate information on at least the following issues: • Substances and methods on the Prohibited list • Anti-doping rule violations • Consequences of doping, including sanctions, health and social consequences • doping Control procedures • athletes ’ and athlete Support Personnel ’s rights and responsibilitiesEducation and Research2 PARTWorld Anti-Doping Code • 201597 • tues • Managing the risks of nutritional supplements • Harm of doping to the spirit of sport • Applicable whereabouts requirements The programs shall promote the spirit of sport in order to establish an environment that is strongly conducive to doping-free sport and will have a positive and long-term influence on the choices made by athletes and other Persons. |
Prevention programs shall be primarily directed at young people, appropriate to their stage of development, in school and sports clubs, parents, adult athletes, sport officials, coaches, medical personnel and the media. |
athlete Support Personnel shall educate and counsel athletes regarding anti-doping policies and rules adopted pursuant to the Code. |
All Signatories shall promote and support active participation by athletes and athlete Support Personnel in education programs for doping-free sport.18.3 Professional Codes of Conduct All Signatories shall cooperate with each other and governments to encourage relevant, competent professional associations and institutions to develop and implement appropriate Codes of Conduct, good practice and ethics related to sport practice regarding anti-doping, as well as sanctions, which are consistent with the Code. |
[Comment to Article 18.2: Anti-doping informational and educational programs should not be limited to National- or International-Level Athletes but should include all Persons, including youth, who participate in sport under the authority of any Signatory, government or other sports organization accepting the Code. |
(See definition of Athlete.) |
These programs should also include Athlete Support Personnel.These principles are consistent with the UNESCO Convention with respect to education and training. |
]World Anti-Doping Code • 201598ARTICLE 18 Educ ationARTICLE 19 Research18.4 Coor dination and Cooperation Wada shall act as a central clearinghouse for informational and educational resources and/or programs developed by Wada or anti-doping organizations. |
All Signatories and athletes and other Persons shall cooperate with each other and governments to coordinate their efforts in anti-doping information and education in order to share experience and ensure the effectiveness of these programs in preventing doping in sport. |
ARTICLE 19 RESEARCH19.1 Purpose and Aims of Anti-Doping Resear ch Anti-doping research contributes to the development and implementation of efficient programs within doping Control and to information and education regarding doping-free sport. |
All Signatories shall, in cooperation with each other and governments, encourage and promote such research and take all reasonable measures to ensure that the results of such research are used for the promotion of the goals that are consistent with the principles of the Code.19.2 Types of Research Relevant anti-doping research may include, for example, sociological, behavioral, juridical and ethical studies in addition to medical, analytical and physiological investigation. |
Studies on devising and evaluating the efficacy of scientifically-based physiological and psychological training programs that are consistent with the principles of the Code and respectful of the integrity of the human subjects, as well as studies on the use of emerging substances or methods resulting from scientific developments should be conducted.Education and Research2 PARTWorld Anti-Doping Code • 20159919.3 Coor dination of Research and Sharing of Results Coordination of anti-doping research through Wada is essential. |
Subject to intellectual property rights, copies of anti-doping research results shall be provided to Wada and, where appropriate, shared with relevant Signatories and athletes and other stakeholders. |
19.4 Research Practices Anti-doping research shall comply with internationally-recognized ethical practices.19.5 Research Using Prohibited Substances and Prohibited Methods Research efforts should avoid the administration of Prohibited Substances or Prohibited Methods to athletes. |
19.6 Misuse of Results Adequate precautions should be taken so that the results of anti-doping research are not misused and applied for doping purposes. |
World Anti-Doping Code • 2015100Education and Research2 PARTPART THREEROLES AND RESPONSIBILITIESAll Signatories shall act in a spirit of partnership and collaboration in order to ensure the success of the fight against doping in sport and the respect of the Code. |
[Comment: Responsibilities for Signatories and Athletes or other Persons are addressed in various Articles in the Code and the responsibilities listed in this part are additional to these responsibilities. |
]World Anti-Doping Code • 2015102ARTICLE 2 0 Additional Rol es and Responsibilities of Signatories ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES20.1 Rol es and Responsibilities of the International Olympic Committee 20.1.1 T o adopt and implement anti-doping policies and rules for the Olympic games which conform with the Code. |
20.1.2 To require as a condition of recognition by the international Olympic Committee, that international Federations within the Olympic Movement are in compliance with the Code. |
20.1.3 To withhold some or all Olympic funding of sport organizations that are not in compliance with the Code. |
20.1.4 To take appropriate action to discourage non-compliance with the Code as provided in Article 23.5. |
20.1.5 To authorize and facilitate the Independent observer Program. |
20.1.6 To require all athletes and each athlete Support Person who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in the Olympic games to agree to be bound by anti-doping rules in conformity with the Code as a condition of such participation.Roles and Responsibilities3 PARTWorld Anti-Doping Code • 2015103 20.1.7 T o vigorously pursue all potential anti-doping rule violations within its jurisdiction including investigation into whether athlete Support Personnel or other Persons may have been involved in each case of doping. |
20.1.8 To accept bids for the Olympic games only from countries where the government has ratified, accepted, approved or acceded to the uneSCo Convention and the national olympic Committee, National Paralympic Committee and national anti-doping organization are in compliance with the Code. |
20.1.9 To promote anti-doping education. |
20.1.10 To cooperate with relevant national organizations and agencies and other anti-doping organizations. |
20.2 Roles and Responsibilities of the International Paralympic Committee 20.2.1 To adopt and implement anti-doping policies and rules for the Paralympic games which conform with the Code. |
20.2.2 To require as a condition of recognition by the international Paralympic Committee, that National Paralympic Committees within the Paralympic Movement are in compliance with the Code. |
20.2.3 T o withhold some or all Paralympic funding of sport organizations that are not in compliance with the Code. |
20.2.4 To take appropriate action to discourage non-compliance with the Code as provided in Article 23.5. |
World Anti-Doping Code • 2015104ARTICLE 2 0 Additional Rol es and Responsibilities of Signatories 20.2.5 To authorize and facilitate the Independent observer Program. |
20.2.6 To require all athletes and each athlete Support Person who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in the Paralympic games to agree to be bound by anti-doping rules in conformity with the Code as a condition of such participation. |
20.2.7 To vigorously pursue all potential anti-doping rule violations within its jurisdiction including investigation into whether athlete Support Personnel or other Persons may have been involved in each case of doping. |
20.2.8 To promote anti-doping education. |
20.2.9 To cooperate with relevant national organizations and agencies and other anti-doping organizations. |
20.3 Roles and Responsibilities of International Federations 20.3.1 To adopt and implement anti-doping policies and rules which conform with the Code. |
20.3.2 To require as a condition of membership that the policies, rules and programs of their National Federations and other members are in compliance with the Code. |
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