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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 e... |
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 ... |
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 publi... |
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 o... |
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, Defini... |
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 r... |
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 per... |
]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 protect... |
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-o... |
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-dop... |
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-Do... |
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,... |
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... |
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... |
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 v... |
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 at... |
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... |
[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 twelv... |
[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 In... |
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 Int... |
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 l... |
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: athlete... |
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... |
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 ... |
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, t... |
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 ... |
]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.Prohib... |
[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 ... |
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 d... |
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 clai... |
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... |
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... |
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... |
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 Pa... |
]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 viola... |
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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