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]World Anti-Doping Code • 201512323.5 Monit oring Compliance with the Code and UNESCO Convention 23.5.1 Compliance with the Code shall be monitored by Wada or as otherwise agreed by Wada. |
Compliance of anti-doping programs as required in Article 23.3 shall be monitored based on criteria specified by the Wada Executive Committee. |
Compliance with the commitments reflected in the uneSCo Convention will be monitored as determined by the Conference of Parties to the uneSCo Convention, following consultation with the State Parties and Wada. |
Wada shall advise governments on the implementation of the Code by the Signatories and shall advise Signatories on the ratification, acceptance, approval or accession to the uneSCo Convention by governments. |
23.5.2 T o facilitate monitoring, each Signatory shall report to Wada on its compliance with the Code as required by the Wada Foundation Board and shall explain reasons for non-compliance. |
23.5.3 Failure by a Signatory to provide compliance information requested by Wada for purposes of Article 23.5.2, or failure by a Signatory to submit information to Wada as required by other Articles of the Code, may be considered non-compliance with the Code. |
23.5.4 All Wada compliance reports shall be approved by the Wada Foundation Board. |
Wada shall dialog with a Signatory before reporting that Signatory non-compliant. |
Any Wada report which concludes that a Signatory is non-compliant must be approved by the Wada Foundation Board at a meeting held after the Signatory has been given an opportunity to submit its written arguments to the Foundation Board. |
The conclusion by the Wada Foundation Board that a Signatory is non-compliant may be appealed pursuant to Article 13.6.World Anti-Doping Code • 2015124 23.5.5 W ada shall mak e reports on compliance to the international Olympic Committee, the international Paralympic Committee, international Federations, and Major event organizations. |
These reports shall also be made available to the public. |
23.5.6 Wada shall consider explanations for non-compliance and, in extraordinary situations, may recommend to the international Olympic Committee, international Paralympic Committee, international Federations, and Major event organizations that they provisionally excuse the non-compliance. |
23.6 Additional Consequences of a Signatory’s Non-compliance with the Code Non-compliance with the Code by any Signatory may result in consequences in addition to ineligibility to bid for events as set forth in Articles 20.1.8 (international Olympic Committee), 20.3.11 (international Federations) and 20.6.6 (Major event organizations), for example: forfeiture of offices and positions within Wada; Ineligibility or non-admission of any candidature to hold any International event in a country; cancellation of International events; symbolic consequences and other consequences pursuant to the Olympic Charter. |
The imposition of such consequences may be appealed to CaS by the affected Signatory pursuant to Article 13.6. |
[Comment to Article 23.5.6: WADA recognizes that amongst Signatories and governments, there will be significant differences in anti-doping experience, resources, and the legal context in which anti-doping activities are carried out. |
In considering whether an organization is compliant, WADA will consider these differences. |
]ARTICLE 23 Acceptance, Compliance and ModificationAcceptance, Compliance, Modification and Interpretation4 PARTWorld Anti-Doping Code • 201512523.7 Modific ation of the Code 23.7.1 Wada shall be responsible for overseeing the evolution and improvement of the Code. |
athletes and other stakeholders and governments shall be invited to participate in such process. |
23.7.2 Wada shall initiate proposed amendments to the Code and shall ensure a consultative process to both receive and respond to recommendations and to facilitate review and feedback from athletes and other stakeholders and governments on recommended amendments. |
23.7.3 Amendments to the Code shall, after appropriate consultation, be approved by a two-thirds majority of the Wada Foundation Board including a majority of both the public sector and Olympic Movement members casting votes. |
Amendments shall, unless provided otherwise, go into effect three months after such approval. |
23.7.4 Signatories shall modify their rules to incorporate the 2015 Code on or before 1 January 2015, to take effect on 1 January 2015. |
Signatories shall implement any subsequent applicable amendment to the Code within one year of approval by the Wada Foundation Board. |
23.8 Withdrawal of Acceptance of the Code Signatories may withdraw acceptance of the Code after providing Wada six-month written notice of their intent to withdraw.World Anti-Doping Code • 2015126ARTICLE 24 INTERPRETATION OF THE CODE24.1 The official t ext of the Code shall be maintained by W ada 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.24.2 The comments annotating various provisions of the Code shall be used to interpret the Code .24.3 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.24.4 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.24.5 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.24.6 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definitions and Appendix 2, Examples of the Application of Article 10, shall be considered integral parts of the Code .ARTICLE 2 4 Int erpretation of the CodeARTICLE 25 Transitional ProvisionsAcceptance, Compliance, Modification and Interpretation4 PARTWorld Anti-Doping Code • 2015127ARTICLE 25 TRANSITIONAL PROVISIONS25.1 Gener al Application of the 2015 Code The 2015 Code shall apply in full as of 1 January 2015 (the “Effective Date”).25.2 Non-Retroactive except for Articles 10.7.5 and 17 or Unless Principle of “Lex Mitior” Applies The retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.7.5 and the statute of limitations set forth in Article 17 are procedural rules and should be applied retroactively; provided, however, that Article 17 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date. |
Otherwise, with respect to 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, the case shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.25.3 Application to Decisions Rendered Prior to the 2015 Code 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 the anti-doping organization which had results management World Anti-Doping Code • 2015128responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the 2015 Code. |
Such application must be made before the period of Ineligibility has expired. |
The decision rendered by the anti-doping organization may be appealed pursuant to Article 13.2. |
The 2015 Code shall have no application to any anti-doping rule violation case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.25.4 Multiple Violations Where the First Violation Occurs Prior to 1 January 2015 For purposes of assessing the period of Ineligibility for a second violation under Article 10.7.1, where the sanction for the first violation was determined based on pre-2015 Code rules, the period of Ineligibility which would have been assessed for that first violation had 2015 Code rules been applicable, shall be applied.25.5 Additional Code Amendments Any additional Code Amendments shall go into effect as provided in Article 23.7.ARTICLE 2 5 T ransitional ProvisionsAcceptance, Compliance, Modification and Interpretation4 PART[Comment to Article 25.4: Other than the situation described in Article 25.4, where a final decision finding an anti-doping rule violation has been rendered prior to the existence of the Code or under the Code in force before the 2015 Code and the period of Ineligibility imposed has been completely served, the 2015 Code may not be used to re-characterize the prior violation. |
]APPENDIX ONEDEFINITIONSWorld Anti-Doping Code • 2015130DEFINITIONSADAMS: 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 legislation.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 W ad a -accredited laboratory or other Wada-approved laboratory that, consistent with the international Standard for Laboratories and related Technical Documents, identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the use of a Prohibited Method. |
Adverse Passport Finding: A report identified as an ad verse Passport finding as described in the applicable International Standards .Anti-Doping Organization: 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, other Major event organizations that conduct testing at their events, Wada, international Federations, and national anti-doping organizations. |
APPENDIX 1 DefinitionsWorld Anti-Doping Code • 2015131Athlete: 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. |
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 authority who competes below the international or national level, then the Consequences set forth in the Code (except Article 14.3.2) 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 athlete. |
[Comment to Athlete: This definition makes it clear that 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, respectively. |
The definition also allows each National Anti-Doping Organization, if it chooses to do so, to expand its anti-doping program beyond International- or National-Level Athletes to competitors at lower levels of Competition or to individuals who engage in fitness activities but do not compete at all. |
Thus, a National Anti-Doping Organization could, for example, elect to test recreational-level competitors but not require advance TUEs. |
But an anti-doping rule violation involving an Adverse Analytical Finding or Tampering results in all of the Consequences provided for in the Code (with the exception of Article 14.3.2). |
The decision on whether Consequences apply to recreational-level Athletes who engage in fitness activities but never compete is left to the National Anti-Doping Organization. |
In the same manner, a Major Event Organization holding an Event only for masters-level competitors could elect to test the competitors but not analyze Samples for the full menu of Prohibited Substances. |
Competitors at all levels of Competition should receive the benefit of anti-doping information and education.] |
World Anti-Doping Code • 2015132Athlete 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 W ada-ac credited 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 a typical 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 APPENDIX 1 DefinitionsWorld Anti-Doping Code • 2015133Olympic 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 provided in the rules of the applicable international Federation.Consequences of Anti-Doping Rule Violations (“Consequences”): An a thlete’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 10.12.1; (c) Provisional 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 or Public reporting means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. |
Teams in te am Sports may also be subject to Consequences as provided in Article 11.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.Disqualification: See Consequences of a nti- d oping r ule violations above.World Anti-Doping Code • 2015134Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, Sample collection and handling, laboratory analysis, tues, results management and hearings.Event: A series of individual Competitions conducted together under one ruling body (e.g., the Olympic games, FiNA World Championships, or Pan American games).Event Venues: Those venues so designated by the ruling body for the event.Event Period: The time between the beginning and end of an event, as established by the ruling body of the event. |
Fault: faul t 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 or other Person’s degree of fault include, for example, the athlete’s or other Person’s experience, whether the athlete or other Person is a Minor , 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 faul t , 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 his or her career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.5.1 or 10.5.2. |
[Comment to Fault: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered. |
However, under 10.5.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved. |
]APPENDIX 1 DefinitionsWorld Anti-Doping Code • 2015135Financial Consequences: See Consequences of an ti-do ping ru le violations above.In-Competition: Unless provided otherwise in the rules of an international Federation or the ruling body of the event in question, “In-Competition” means the period commencing twelve hours 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.Independent Observer Program: A team of observers, under the supervision of Wada, who observe and provide guidance on the doping Control process at certain events and report on their observations.Individual Sport: Any sport that is not a team Spor t.Ineligibility: See Consequences of anti-doping rule violations above.International Event: An event or Competition where the international Olympic Committee, the international Paralympic Committee, an international Federation, a Major event organization, or another international sport organization is the ruling body for the event or appoints the technical officials for the event. |
[Comment to In-Competition: An International Federation or ruling body for an Event may establish an “In-Competition” period that is different than the Event Period. |
]World Anti-Doping Code • 2015136International-Level Athlete: athletes who compete in sport at the international level, as defined by each international Federation, consistent with the international Standard for Testing and investigations.International Standard: A standard adopted by W ada in support of the Code. |
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. |
International Standards shall include any Technical Documents issued pursuant to the International Standard.Major Event Organizations: The continental associations of national olympic Committees and other international multi-sport organizations that function as the ruling body for any continental, regional or other International event.Marker: A compound, group of compounds or biological variable(s) that indicates the use of a Prohibited Substance or Prohibited Method.Metabolite: Any substance produced by a biotransformation process. |
Minor: A natural Person who has not reached the age of eight een years . |
APPENDIX 1 Definitions[Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc. |
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes. |
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events. |
]World Anti-Doping Code • 2015137National Anti-Doping Organization: The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, and the conduct of hearings at the national level. |
if this designation has not been made by the competent public authority(ies), the entity shall be the country’s national olympic Committee or its designee.National Event: A sport event or Competition involving International- or national-level athletes that is not an International event.National-Level Athlete: athletes who compete in sport at the national level, as defined by each national anti-doping organization, consistent with the international Standard for Testing and investigations.National Olympic Committee: The organization recognized by the international Olympic Committee. |
The term national olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical national olympic Committee responsibilities in the anti-doping area.No Fault or Negligence: The athlete or other Person’s establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule . |
Except in the case of a Minor, for any violation of Article 2.1, the athlete must also establish how the Prohibited Substance entered his or her system.World Anti-Doping Code • 2015138No Significant Fault or Negligence: The a thlete or other Person’s establishing that his or her faul t or negligence , when viewed in the totality of the circumstances and taking into account the criteria for no fault or negligence, was not significant in relationship to the anti-doping rule violation. |
Except in the case of a Minor, for any violation of Article 2.1, the athlete must also establish how the Prohibited Substance entered his or her system. |
Out-of-Competition: Any period which is not In-Competition.Participant: Any athlete or athlete Support Person.Person: A natural Person or an organization or other entity. |
Possession: The actual, physical Possession, or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it. |
Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has APPENDIX 1 Definitions[Comment to No Significant Fault or Negligence: For Cannabinoids, an Athlete may establish No Significant Fault or Negligence by clearly demonstrating that the context of the Use was unrelated to sport performance. |
]World Anti-Doping Code • 2015139renounced Possession by explicitly declaring it to an a nti-doping organization. |
Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.Prohibited List: The List identifying the Prohibited Substances and Prohibited Methods.Prohibited Method: Any method so described on the Prohibited list.Prohibited Substance: Any substance, or class of substances, so described on the Prohibited list.Provisional Hearing: For purposes of Article 7.9, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the athlete with notice and an opportunity to be heard in either written or oral form. |
[Comment to Possession: Under this definition, steroids found in an Athlete’s car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, the Anti-Doping Organization must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the steroids and intended to have control over the steroids. |
Similarly, in the example of steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping Organization must establish that the Athlete knew the steroids were in the cabinet and that the Athlete intended to exercise control over the steroids. |
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third party address. |
][Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. |
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case. |
By contrast, an “expedited hearing,” as that term is used in Article 7.9, is a full hearing on the merits conducted on an expedited time schedule. |
]World Anti-Doping Code • 2015140Provisional Suspension: See Consequences of a nti- d oping r ule violations above.Publicly Disclose or Publicly Report: See Consequences of anti-doping rule violations above.Regional Anti-Doping Organization: A regional entity designated by member countries to coordinate and manage delegated areas of their national anti-doping programs, which may include the adoption and implementation of anti-doping rules, the planning and collection of Samples, the management of results, the review of tues, the conduct of hearings, and the conduct of educational programs at a regional level.Registered Testing Pool: The pool of highest-priority athletes established separately at the international level by international Federations and at the national level by national anti-doping organizations, who are subject to focused In-Competition and out-of-Competition testing as part of that international Federation’s or national anti-doping organization’s test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.6 and the international Standard for Testing and investigations. |
Sample or Specimen: Any biological material collected for the purposes of doping Control.Signatories: Those entities signing the Code and agreeing to comply with the Code, as provided in Article 23.Specified Substance: See Article 4.2.2.APPENDIX 1 Definitions[Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups. |
It has been determined that there is no basis for any such claim. |
]World Anti-Doping Code • 2015141Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, fault, negligence, or knowing use on the athlete’s part be demonstrated by the anti-doping organization in order to establish an anti-doping rule violation. |
Substantial Assistance: For purposes of Article 10.6.1, a Person providing Substantial assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an anti-doping organization or hearing panel. |
Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.Tampering: Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring. |
Target Testing: Selection of specific athletes for testing based on criteria set forth in the international Standard for Testing and investigations.Team Sport: A sport in which the substitution of players is permitted during a Competition.Testing: The parts of the d oping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.World Anti-Doping Code • 2015142Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an athlete, athlete Support Person or any other Person subject to the jurisdiction of an anti-doping organization to any third party; provided, however, this definition shall not include the actions of “bona fide” medical personnel involving a Prohibited Substance 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 such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance . |
TUE: Therapeutic Use Exemption, as described in Article 4.4.UNESCO Convention: The international Convention against Doping in Sport adopted by the 33rd session of the UNESCO general Conference on 19 October 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the international Convention against Doping in Sport.Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.WADA : The World Anti-Doping Agency.APPENDIX 1 Definitions[Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech. |
]APPENDIX TWOEXAMPLES OF THE APPLICATION OF ARTICLE 10World Anti-Doping Code • 2015144EXAMPLES OF THE APPLICATION OF ARTICLE 10EXAMPLE 1Facts: An adverse analytical finding results from the presence of an anabolic steroid in an In-Competition test (Article 2.1); the athlete promptly admits the anti-doping rule violation; the athlete establishes no Significant fault or negligence; and the athlete provides Substantial assistance.Application of Consequences:1. |
The starting point would be Article 10.2. |
Because the athlete is deemed to have no Significant fault that would be sufficient corroborating evidence (Articles 10.2.1.1 and 10.2.3) that the anti-doping rule violation was not intentional, the period of Ineligibility would thus be two years, not four years (Article 10.2.2). |
2. |
In a second step, the panel would analyze whether the fault-related reductions (Articles 10.4 and 10.5) apply. |
Based on no Significant fault or negligence (Article 10.5.2) since the anabolic steroid is not a Specified Substance, the applicable range of sanctions would be reduced to a range of two years to one year (minimum one-half of the two year sanction). |
The panel would then determine the applicable period of Ineligibility within this range based on the athlete’s degree of fault. |
(Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of 16 months.)3. |
in a third step, the panel would assess the possibility for suspension or reduction under Article 10.6 (reductions not related to fault). |
in this case, only Article 10.6.1 (Substantial assistance) applies. |
(Article 10.6.3, Prompt Admission, is not applicable because the period of Ineligibility is already below the two-year minimum set forth in Article 10.6.3.) |
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