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)For purposes of assessing theAthlete’s or other Person’s fault underArticles 10.5.1 and 10.5.2, the evidenceconsidered must be specific andrelevant to explain the Athlete’s orother Person’s departure from theexpected standard of behavior.
Thus,for example, the fact that an Athletewould lose the opportunity to earnlarge sums of money during a periodof Ineligibility or the fact that the Athlete only has a short time left inhis or her career or the timing ofthe sporting calendar would not berelevant factors to be consideredin reducing the period of Ineligibilityunder this Article.continued58 World Anti-Doping Code •2009[Comment to Article 10.5.3: Thecooperation of Athletes, AthleteSupport Personnel and other Personswho acknowledge their mistakesand are willing to bring other anti-doping rule violations to light isimportant to clean sport.Factors to be considered in assessingthe importance of the SubstantialAssistance would include, forexample, the number of individualsimplicated, the status of thoseindividuals in the sport, whether ascheme involving Trafficking underArticle 2.7 or administration under continuedDoping Control1PARTArticle 10: Sanctions on IndividualsWhile Minors are not given specialtreatment per se in determining theapplicable sanction, certainly youthand lack of experience are relevantfactors to be assessed in determiningthe Athlete's or other Person's faultunder Article 10.5.2, as well asArticles 10.3.3, 10.4 and 10.5.1Article 10.5.2 should not be applied incases where Articles 10.3.3 or 10.4apply, as those Articles already takeinto consideration the Athlete's orother Person's degree of fault forpurposes of establishing the applicableperiod of Ineligibility.
]also establish how the Prohibited Substanceentered his or her system in order to havethe period of Ineligibility reduced.10.5.3 Substantial Assistance in Discovering orEstablishing Anti-Doping Rule ViolationsAn Anti-Doping Organization with resultsmanagement responsibility for an anti-dopingrule violation may, prior to a final appellatedecision under Article 13 or the expiration ofthe time to appeal, suspend a part of theperiod of Ineligibility imposed in an individualcase where the Athlete or other Person hasprovided Substantial Assistance to an Anti-Doping Organization , criminal authority orprofessional disciplinary body which results inthe Anti-Doping Organization discovering orestablishing an anti-doping rule violation byanother Person or which results in a criminalor disciplinary body discovering or establishinga criminal offense or the breach of59 World Anti-Doping Code •2009professional rules by another Person .
After afinal appellate decision under Article 13 or theexpiration of time to appeal, an Anti-DopingOrganization may only suspend a part of theotherwise applicable period of Ineligibilitywith the approval of WADA and the applicableInternational Federation.
The extent to whichthe otherwise applicable period of Ineligibilitymay be suspended shall be based on theseriousness of the anti-doping rule violationcommitted by the Athlete or other Personand the significance of the SubstantialAssistance provided by the Athlete or otherPerson to the effort to eliminate doping insport.
No more than three-quarters of theotherwise applicable period of Ineligibilitymay be suspended.
If the otherwiseapplicable period of Ineligibility is a lifetime,the non-suspended period under this sectionmust be no less than eight (8) years.
If theAnti-Doping Organization suspends any partof the otherwise applicable period ofIneligibility under this Article, the Anti-Doping Organization shall promptly provide awritten justification for its decision to eachAnti-Doping Organization having a right toappeal the decision.
If the Anti-DopingOrganization subsequently reinstates any part ofArticle 2.8 is involved and whether theviolation involved a substance ormethod which is not readily detectiblein Testing.
The maximum suspensionof the Ineligibility period shall only beapplied in very exceptional cases.
Anadditional factor to be considered inconnection with the seriousness ofthe anti-doping rule violation is anyperformance-enhancing benefitwhich the Person providing Substantial Assistance may be likelyto still enjoy.
As a general matter, theearlier in the results managementprocess the Substantial Assistance isprovided, the greater the percentageof the otherwise applicable period ofIneligibility may be suspended.
If the Athlete or other Person whois asserted to have committed ananti-doping rule violation claims continued60 World Anti-Doping Code •2009the suspended period of Ineligibility because theAthlete or other Person has failed to provide theSubstantial Assistance which was anticipated,the Athlete or other Person may appeal thereinstatement pursuant to Article 13.2.entitlement to a suspended periodof Ineligibility under this Article inconnection with the Athlete’s or otherPerson’s waiver of a hearing underArticle 8.3 (Waiver of Hearing), theAnti-Doping Organization shalldetermine whether a suspension ofa portion of the period of Ineligibilityis appropriate under this Article.
Ifthe Athlete or other Person claimsentitlement to a suspended periodof Ineligibility before the conclusionof a hearing under Article 8 on theanti-doping rule violation, the hearingpanel shall determine whethera suspension of a portion of theotherwise applicable period ofIneligibility is appropriate under thisArticle at the same time the hearingpanel decides whether the Athleteor other Person has committed ananti-doping rule violation.
If aportion of the period of Ineligibilityis suspended, the decision shallexplain the basis for concluding theinformation provided was credibleand was important to discovering orproving the anti-doping rule violationor other offense.
If the Athlete orother Person claims entitlement to asuspended period of Ineligibility aftera final decision finding an anti-dopingrule violation has been rendered andis not subject to appeal under Article13, but the Athlete or other Person isstill serving the period of Ineligibility,the Athlete or other Person mayapply to the Anti-Doping Organizationwhich had results managementresponsibility for the anti-doping ruleviolation to consider a suspension inthe period of Ineligibility under thisArticle.
Any such suspension ofthe otherwise applicable periodof Ineligibility shall require theapproval of WADA and the applicableInternational Federation.
If anycondition upon which the suspensionof a period of Ineligibility is basedis not fulfilled, the Anti-DopingOrganization with resultsmanagement authority shall reinstatethe period of Ineligibility whichwould otherwise be applicable.Decisions rendered by Anti-DopingOrganizations under this Article maybe appealed pursuant to Article 13.2.This is the only circumstance underthe Code where the suspension ofan otherwise applicable period ofIneligibility is authorized.
]Doping Control1PARTArticle 10: Sanctions on Individuals61 World Anti-Doping Code •200910.5.4 Admission of an Anti-Doping Rule Violationin the Absence of Other EvidenceWhere an Athlete or other Person voluntarilyadmits the commission of an anti-doping ruleviolation before having received notice of aSample collection which could establish ananti-doping rule violation (or, in the case of ananti-doping rule violation other than Article2.1, before receiving first notice of the admittedviolation pursuant to Article 7) and thatadmission is the only reliable evidence of theviolation at the time of admission, then theperiod of Ineligibility may be reduced, but notbelow one-half of the period of Ineligibilityotherwise applicable.10.5.5 Where an Athlete or Other PersonEstablishes Entitlement to Reductionin Sanction Under More than OneProvision of this ArticleBefore applying any reduction or suspensionunder Articles 10.5.2, 10.5.3 or 10.5.4, theotherwise applicable period of Ineligibility[Comment to Article 10.5.4: ThisArticle is intended to apply when anAthlete or other Person comesforward and admits to an anti-dopingrule violation in circumstances whereno Anti-Doping Organization is awarethat an anti-doping rule violationmight have been committed.
It is notintended to apply to circumstanceswhere the admission occurs afterthe Athlete or other Person believeshe or she is about to be caught.
][Comment to Article 10.5.5: Theappropriate sanction is determinedin a sequence of four steps.
First, thehearing panel determines which ofthe basic sanctions (Article 10.2,Article 10.3, Article 10.4 or Article 10.6) applies to the particular anti-doping rule violation.
In a secondstep, the hearing panel establisheswhether there is a basis forsuspension, elimination or reductionof the sanction (Articles 10.5.1 continued62 World Anti-Doping Code •2009Doping Control1PARTArticle 10: Sanctions on Individualsthrough 10.5.4).
Note, however,not all grounds for suspension,elimination or reduction may becombined with the provisions onbasic sanctions.
For example,Article 10.5.2 does not apply in casesinvolving Articles 10.3.3 or 10.4, sincethe hearing panel, under Articles10.3.3 and 10.4, will already havedetermined the period of Ineligibilitybased on the Athlete’s or otherPerson’s degree of fault.
In a thirdstep, the hearing panel determinesunder Article 10.5.5 whether theAthlete or other Person is entitled toelimination, reduction or suspensionunder more than one provision ofArticle 10.5.
Finally, the hearing paneldecides on the commencement of theperiod of Ineligibility under Article 10.9.
The following four examplesdemonstrate the propersequence of analysis:EExxaammppllee 11::Facts : An Adverse Analytical Findinginvolves the presence of an anabolicsteroid; the Athlete promptly admitsthe anti-doping rule violation asasserted; the Athlete establishesNo Significant Fault (Article 10.5.2);and the Athlete provides SubstantialAssistance (Article 10.5.3).Application of Article 10 :1.
The basic sanction would betwo years under Article 10.2.
(Aggravating Circumstances(Article 10.6) would not beconsidered because the Athletepromptly admitted the violation.Article 10.4 would not applybecause a steroid is not aSpecified Substance.)2.
Based on No Significant Faultalone, the sanction could bereduced up to one-half of thetwo years.
Based on SubstantialAssistance alone, the sanctioncould be reduced up to three-quarters of the two years.
3.
Under Article 10.5.5, in consideringthe possible reduction for NoSignificant Fault and SubstantialAssistance together, the most thesanction could be reduced is up tothree-quarters of the two years.Thus, the minimum sanction wouldbe a six-month period of Ineligibility.4.
Under Article 10.9.2, becausethe Athlete promptly admittedthe anti-doping rule violation, theperiod of Ineligibility could startas early as the date of Samplecollection, but in any event the continuedshall be determined in accordance withArticles 10.2, 10.3, 10.4 and 10.6.
If theAthlete or other Person establishesentitlement to a reduction or suspension ofthe period of Ineligibility under two or moreof Articles 10.5.2, 10.5.3 or 10.5.4, then theperiod of Ineligibility may be reduced orsuspended, but not below one-fourth of theotherwise applicable period of Ineligibility .63 World Anti-Doping Code •2009Athlete would have to serve atleast one-half of the Ineligibilityperiod (minimum three months)after the date of the hearing decision.EExxaammppllee 22::Facts : An Adverse Analytical Findinginvolves the presence of an anabolicsteroid; aggravating circumstancesexist and the Athlete is unable toestablish that he did not knowinglycommit the anti-doping rule violation;the Athlete does not promptly admit the anti-doping rule violation as alleged; but the Athlete does provide Substantial Assistance (Article 10.5.3).Application of Article 10 :1.
The basic sanction would bebetween two and four yearsIneligibility as provided inArticle 10.6.2.
Based on Substantial Assistance,the sanction could be reduced upto three-quarters of the maximumfour years.3.
Article 10.5.5 does not apply.4.
Under Article 10.9.2, the period ofIneligibility would start on the dateof the hearing decision.EExxaammppllee 33::Facts : An Adverse Analytical Findinginvolves the presence of a SpecifiedSubstance; the Athlete establisheshow the Specified Substance enteredhis body and that he had no intent toenhance his sport performance; theAthlete establishes that he had verylittle fault; and the Athlete providesSubstantial Assistance (Article 10.5.3).Application of Article 10 :1.
Because the Adverse AnalyticalFinding involved a SpecifiedSubstance and the Athlete hassatisfied the other conditions ofArticle 10.4, the basic sanctionwould fall in the range between areprimand and two yearsIneligibility.
The hearing panelwould assess the Athlete’s fault inimposing a sanction within thatrange.
(Assume for illustration inthis example that the panel wouldotherwise impose a period ofIneligibility of eight months.)
2.
Based on Substantial Assistance,the sanction could be reduced upto three-quarters of the eightmonths.
(No less than twomonths.)
No Significant Fault(Article 10.2) would not beapplicable because the Athlete’sdegree of fault was already takeninto consideration in establishingthe eight-month period ofIneligibility in step 1.
3.
Article 10.5.5 does not apply.4.
Under Article 10.9.2, becausethe Athlete promptly admittedthe anti-doping rule violation,the period of Ineligibility couldstart as early as the date ofSample collection, but in any event,the Athlete would have to serve atleast half of the Ineligibility periodafter the date of the hearingdecision.
(Minimum one month.
)EExxaammppllee 44::Facts : An Athlete who has never hadan Adverse Analytical Finding orbeen confronted with an anti-doping continued64 World Anti-Doping Code •2009rule violation spontaneously admitsthat he intentionally used multipleProhibited Substances to enhancehis performance.
The Athlete alsoprovides Substantial Assistance(Article 10.5.3).Application of Article 10 :1.
While the intentional Use ofmultiple Prohibited Substancesto enhance performance wouldnormally warrant considerationof aggravating circumstances(Article 10.6), the Athlete’sspontaneous admission meansthat Article 10.6 would not apply.The fact that the Athlete’s Useof Prohibited Substances wasintended to enhance performancewould also eliminate theapplication of Article 10.4regardless of whether theProhibited Substances Usedwere Specified Substances.
Thus,Article 10.2 would be applicableand the basic period of Ineligibilityimposed would be two years.2.
Based on the Athlete’sspontaneous admissions (Article10.5.4) alone, the period ofIneligibility could be reduced upto one-half of the two years.Based on the Athlete’s SubstantialAssistance (Article 10.5.3) alone,the period of Ineligibility could bereduced up to three-quartersof the two years.3.
Under Article 10.5.5, inconsidering the spontaneousadmission and SubstantialAssistance together, the most thesanction could be reduced wouldbe up to three-quarters of the twoyears.
(The minimum period ofIneligibility would be six months.)4.
If Article 10.5.4 was consideredby the hearing panel in arriving atthe minimum six-month period ofIneligibility at step 3, the period ofIneligibility would start on the datethe hearing panel imposed thesanction.
If, however, the hearingpanel did not consider theapplication of Article 10.5.4 inreducing the period of Ineligibilityin step 3, then under Article 10.9.2,the commencement of the periodof Ineligibility could be started asearly as the date the anti-dopingrule violation was committed,provided that at least half of thatperiod (minimum of three months)would have to be served after thedate of the hearing decision.
]Doping Control1PARTArticle 10: Sanctions on Individuals65 World Anti-Doping Code •200910.6 Aggravating Circumstances WhichMay Increase the Period of IneligibilityIf the Anti-Doping Organization establishes in anindividual case involving an anti-doping rule violationother than violations under Articles 2.7 ( Trafficking orAttempt edTrafficking ) and 2.8 (Administration orAttempt ed Administration) that aggravating circumstancesare present which justify the imposition of a period ofIneligibility greater than the standard sanction, then theperiod of Ineligibility otherwise applicable shall beincreased up to a maximum of four (4) years unless theAthlete or other Person can prove to the comfortablesatisfaction of the hearing panel that he or she did notknowingly commit the anti-doping rule violation.An Athlete or other Person can avoid the application ofthis Article by admitting the anti-doping rule violation asasserted promptly after being confronted with the anti-doping rule violation by an Anti-Doping Organization .
[Comment to Article 10.6: Examplesof aggravating circumstances whichmay justify the imposition of a periodof Ineligibility greater than thestandard sanction are: the Athlete orother Person committed the anti-doping rule violation as part of adoping plan or scheme, eitherindividually or involving a conspiracyor common enterprise to commitanti-doping rule violations; theAthlete or other Person Used orPossessed multiple ProhibitedSubstances or Prohibited Methods orUsed or Possessed a ProhibitedSubstance or Prohibited Method onmultiple occasions; a normalindividual would be likely to enjoy theperformance-enhancing effects of theanti-doping rule violation(s) beyondthe otherwise applicable period ofIneligibility; the Athlete or Personengaged in deceptive or obstructingconduct to avoid the detection oradjudication of an anti-dopingrule violation.For the avoidance of doubt, theexamples of aggravatingcircumstances described in thisComment to Article 10.6 are notexclusive and other aggravatingfactors may also justify theimposition of a longer period ofIneligibility.
Violations under Articles2.7 (Trafficking or AttemptedTrafficking) and 2.8 (Administrationor Attempted Administration) are notincluded in the application of Article10.6 because the sanctions for theseviolations (from four years to lifetimeIneligibility) already build in sufficientdiscretion to allow consideration ofany aggravating circumstance.
]66 World Anti-Doping Code •2009Doping Control1PARTArticle 10: Sanctions on Individuals10.7 Multiple Violations10.7.1 Second Anti-Doping Rule ViolationFor an Athlete ’s or other Person ’s first anti-doping rule violation, the period ofIneligibility is set forth in Articles 10.2 and10.3 (subject to elimination, reduction orsuspension under Articles 10.4 or 10.5, or toan increase under Article 10.6).
For a secondanti-doping rule violation the period ofIneligibility shall be within the range set forthin the table below.Second ViolationRS FFMT NSF St AS TRAFirst ViolationRS 1-4 2-4 2-4 4-6 8-10 10-lifeFFMT 1-4 4-8 4-8 6-8 10-life lifeNSF 1-4 4-8 4-8 6-8 10-life lifeSt 2-4 6-8 6-8 8-life life lifeAS 4-5 10-life 10-life life life lifeTRA 8-life life life life life life[Comment to Article 10.7.1: The tableis applied by locating the Athlete’sor other Person’s first anti-dopingrule violation in the left-hand columnand then moving across the table tothe right to the column representingthe second violation.
By way ofexample, assume an Athlete receivesthe standard period of Ineligibility fora first violation under Article 10.2and then commits a second violationfor which he receives a reducedsanction for a Specified Substanceunder Article 10.4.
The table is usedto determine the period of Ineligibilityfor the second violation.
The tableis applied to this example by startingin the left-hand column and goingdown to the fourth row which is “St”for standard sanction, then movingacross the table to the first columnwhich is “RS” for reduced sanctionfor a Specified Substance, thusresulting in a 2-4 year range forthe period of Ineligibility for thesecond violation.
The Athlete’s orother Person’s degree of faultshall be the criterion considered inassessing a period of Ineligibilitywithin the applicable range.
]67 World Anti-Doping Code •2009Definitions for purposes of the second anti-doping rule violation table:RS(Reduced sanction for Specified Substanceunder Article 10.4): The anti-doping ruleviolation was or should be sanctioned by areduced sanction under Article 10.4 because itinvolved a Specified Substance and the otherconditions under Article 10.4 were met.FFMT (Filing Failures and/or Missed Tests): Theanti-doping rule violation was or should besanctioned under Article 10.3.3 (Filing Failuresand/or Missed Tests).NSF (Reduced sanction for No Significant Faultor Negligence ): The anti-doping rule violationwas or should be sanctioned by a reducedsanction under Article 10.5.2 because NoSignificant Fault or Negligence under Article10.5.2 was proved by the Athlete .St(Standard sanction under Articles 10.2 or10.3.1): The anti-doping rule violation was orshould be sanctioned by the standard sanctionof two (2) years under Articles 10.2 or 10.3.1.AS(Aggravated sanction): The anti-doping ruleviolation was or should be sanctioned by anaggravated sanction under Article 10.6 becausethe Anti-Doping Organization established theconditions set forth under Article 10.6.TRA (Trafficking or Attempt edTrafficking andadministration or Attempt ed administration):The anti-doping rule violation was or should besanctioned by a sanction under Article 10.3.2.
[Comment to Article 10.7.1 RSDefinition: See Article 25.4 withrespect to application of Article 10.7.1 topre-Code anti-doping rule violations.
]68 World Anti-Doping Code •200910.7.2 Application of Articles 10.5.3 and 10.5.4to Second Anti-Doping Rule ViolationWhere an Athlete or other Person whocommits a second anti-doping rule violationestablishes entitlement to suspension orreduction of a portion of the period ofIneligibility under Article 10.5.3 or Article10.5.4, the hearing panel shall first determinethe otherwise applicable period ofIneligibility within the range established inthe table in Article 10.7.1, and then apply theappropriate suspension or reduction of theperiod of Ineligibility .
The remaining periodof Ineligibility , after applying any suspensionor reduction under Articles 10.5.3 and 10.5.4,must be at least one-fourth of the otherwiseapplicable period of Ineligibility .
10.7.3 Third Anti-Doping Rule ViolationA third anti-doping rule violation will alwaysresult in a lifetime period of Ineligibility ,except if the third violation fulfills thecondition for elimination or reduction of theperiod of Ineligibility under Article 10.4 orinvolves a violation of Article 2.4 (FilingFailures and/or and Missed Tests).
In theseparticular cases, the period of Ineligibilityshall be from eight (8) years to life ban.Doping Control1PARTArticle 10: Sanctions on Individuals69 World Anti-Doping Code •200910.7.4 Additional Rules for CertainPotential Multiple Violations• For purposes of imposing sanctionsunder Article 10.7, an anti-doping ruleviolation will only be considered a secondviolation if the Anti-Doping Organizationcan establish that the Athlete or otherPerson committed the second anti-doping rule violation after the Athlete orother Person received notice pursuant toArticle 7 (Results Management), or afterthe Anti-Doping Organization madereasonable efforts to give notice, of thefirst anti-doping rule violation; if theAnti-Doping Organization cannotestablish this, the violations shall beconsidered together as one single firstviolation, and the sanction imposed shallbe based on the violation that carries themore severe sanction; however, theoccurrence of multiple violations may beconsidered as a factor in determiningaggravating circumstances (Article 10.6).
• If, after the resolution of a first anti-dopingrule violation, an Anti-Doping Organizationdiscovers facts involving an anti-doping[Comment to Article 10.7.4: In ahypothetical situation, an Athletecommits an anti-doping rule violationon January 1, 2008, which the Anti-Doping Organization does notdiscover until December 1, 2008.In the meantime, the Athlete commitsanother anti-doping rule violationon March 1, 2008, and the Athleteis notified of this violation by theAnti-Doping Organization on March30, 2008, and a hearing panel ruleson June 30, 2008 that the Athletecommitted the March 1, 2008anti-doping rule violation.
Thelater-discovered violation whichoccurred on January 1, 2008 willprovide the basis for aggravatingcircumstances because the Athletedid not voluntarily admit the violationin a timely basis after the Athletereceived notification of the laterviolation on March 30, 2008.
]70 World Anti-Doping Code •2009rule violation by the Athlete or otherPerson which occurred prior tonotification regarding the first violation,then the Anti-Doping Organization shallimpose an additional sanction based onthe sanction that could have beenimposed if the two violations would havebeen adjudicated at the same time.Results in all Competition s dating back tothe earlier anti-doping rule violation willbe Disqualified as provided in Article 10.8.To avoid the possibility of a finding ofaggravating circumstances (Article 10.6)on account of the earlier-in-time butlater-discovered violation, the Athlete orother Person must voluntarily admit theearlier anti-doping rule violation on atimely basis after notice of the violation forwhich he or she is first charged.
The samerule shall also apply when the Anti-DopingOrganization discovers facts involvinganother prior violation after the resolutionof a second anti-doping rule violation.10.7.5 Multiple Anti-Doping Rule ViolationsDuring an Eight-Year PeriodFor purposes of Article 10.7, each anti-dopingrule violation must take place within the sameeight-year period in order to be consideredmultiple violations.Doping Control1PARTArticle 10: Sanctions on Individuals71 World Anti-Doping Code •200910.8 Disqualification of Results in Competition sSubsequent to Sample Collection orCommission of an Anti-Doping Rule ViolationIn addition to the automatic Disqualification of theresults in the Competition which produced thepositive Sample under Article 9 (AutomaticDisqualification of Individual Results), all othercompetitive results obtained from the date a positiveSample was collected (whether In-Competition orOut-of-Competition ), or other anti-doping ruleviolation occurred, through the commencement ofany Provisional Suspension or Ineligibility period,shall, unless fairness requires otherwise, beDisqualified with all of the resulting Consequencesincluding forfeiture of any medals, points and prizes.10.8.1 As a condition of regaining eligibility afterbeing found to have committed an anti-dopingrule violation, the Athlete must first repay allprize money forfeited under this Article.10.8.2 Allocation of Forfeited Prize MoneyUnless the rules of the International Federationprovide that forfeited prize money shall bereallocated to other Athlete s, it shall beallocated first to reimburse the collectionexpenses of the Anti-Doping Organization thatperformed the necessary steps to collect theprize money back, then to reimburse theexpenses of the Anti-Doping Organization thatconducted results management in the case,with the balance, if any, allocated in accordancewith the International Federation’s rules.
[Comment to Article 10.8.2: Nothingin the Code precludes clean Athletesor other Persons who have beendamaged by the actions of a Personwho has committed an anti-dopingrule violation from pursuing any rightwhich they would otherwise have toseek damages from such Person.
]72 World Anti-Doping Code •200910.9 Commencement of Ineligibility PeriodExcept as provided below, the period of Ineligibility shallstart on the date of the hearing decision providing forIneligibility or, if the hearing is waived, on the dateIneligibility is accepted or otherwise imposed.
Anyperiod of Provisional Suspension (whether imposed orvoluntarily accepted) shall be credited against the totalperiod of Ineligibility imposed.10.9.1 Delays Not Attributable tothe Athlete or other PersonWhere there have been substantial delays in thehearing process or other aspects of DopingControl not attributable to the Athlete or otherPerson , the body imposing the sanction maystart the period of Ineligibility at an earlier datecommencing as early as the date of Samplecollection or the date on which another anti-doping rule violation last occurred.10.9.2 Timely AdmissionWhere the Athlete or other Person promptly(which, in all events, for an Athlete meansbefore the Athlete competes again) admits theanti-doping rule violation after being confrontedwith the anti-doping rule violation by the Anti-Doping Organization , the period of Ineligibilitymay start as early as the date of Samplecollection or the date on which another anti-doping rule violation last occurred.
In eachcase, however, where this Article is applied, theAthlete or other Person shall serve at least one-half of the period of Ineligibility going forwardfrom the date the Athlete or other Personaccepted the imposition of a sanction, the dateDoping Control1PARTArticle 10: Sanctions on Individuals[Comment to Article 10.9.2: This Articleshall not apply where the period ofIneligibility already has been reducedunder Article 10.5.4 (Admission of anAnti-Doping Rule Violation in theAbsence of Other Evidence).
]73 World Anti-Doping Code •2009of a hearing decision imposing a sanction, orthe date the sanction is otherwise imposed.10.9.3 If a Provisional Suspension is imposed andrespected by the Athlete , then the Athlete shallreceive a credit for such period of ProvisionalSuspension against any period of Ineligibilitywhich may ultimately be imposed.10.9.4 If an Athlete voluntarily accepts a ProvisionalSuspension in writing from an Anti-DopingOrganization with results managementauthority and thereafter refrains fromcompeting, the Athlete shall receive a credit forsuch period of voluntary Provisional Suspensionagainst any period of Ineligibility which mayultimately be imposed.
A copy of the Athlete ’svoluntary acceptance of a ProvisionalSuspension shall be provided promptly to eachparty entitled to receive notice of a potentialanti-doping rule violation under Article 14.1.10.9.5 No credit against a period of Ineligibility shall begiven for any time period before the effectivedate of the Provisional Suspension or voluntaryProvisional Suspension regardless of whetherthe Athlete elected not to compete or wassuspended by his or her team.
[Comment to Article 10.9: The textof Article 10.9 has been revisedto make clear that delays notattributable to the Athlete, timelyadmission by the Athlete andProvisional Suspension are the onl yjustifications for starting the period ofIneligibility earlier than the date of thehearing decision.
This amendmentcorrects inconsistent interpretationand application of the previous text.
][Comment to Article 10.9.4: AnAthlete’s voluntary acceptance of aProvisional Suspension is not anadmission by the Athlete and shallnot be used in any way as to draw anadverse inference against the Athlete.
]74 World Anti-Doping Code •200910.10 Status During Ineligibility10.10.1 Prohibition Against ParticipationDuring IneligibilityNo Athlete or other Person who has beendeclared Ineligible may, during the period ofIneligibility , participate in any capacity in aCompetition or activity (other than authorizedanti-doping education or rehabilitation programs)authorized or organized by any Signatory,Signatory' s member organization, or a club orother member organization of a Signatory ’smember organization, or in Competition sauthorized or organized by any professionalleague or any international- or national-levelEvent organization.An Athlete or other Person subject to a period ofIneligibility longer than four (4) years may, aftercompleting four (4) years of the period ofIneligibility , participate in local sport events in asport other than the sport in which the Athlete orother Person committed the anti-doping ruleviolation, but only so long as the local sport eventis not at a level that could otherwise qualify suchAthlete or other Person directly or indirectly tocompete in (or accumulate points toward) anational championship or International Event .An Athlete or other Person subject to a period ofIneligibility shall remain subject to Testing.Doping Control1PARTArticle 10: Sanctions on Individuals[Comment to Article 10.10.1: Forexample, an ineligible Athletecannot participate in a training camp,exhibition or practice organized byhis or her National Federation or aclub which is a member of thatNational Federation.
Further, anineligible Athlete may not compete ina non-Signatory professional league(e.g., the National Hockey League, theNational Basketball Association, etc.
),Events organized by a non-SignatoryInternational Event organization or anon-Signatory national-level eventorganization without triggering theconsequences set forth in Article10.10.2.
Sanctions in one sport willalso be recognized by other sports(see Article 15.4 Mutual Recognition).
]75 World Anti-Doping Code •200910.10.2 Violation of the Prohibition ofParticipation During IneligibilityWhere an Athlete or other Person who has beendeclared Ineligible violates the prohibitionagainst participation during Ineligibilitydescribed in Article 10.10.1, the results of suchparticipation shall be Disqualified and theperiod of Ineligibility which was originallyimposed shall start over again as of the date ofthe violation.
The new period of Ineligibility maybe reduced under Article 10.5.2 if the Athlete orother Person establishes he or she bears NoSignificant Fault or Negligence for violating theprohibition against participation.
Thedetermination of whether an Athlete or otherPerson has violated the prohibition againstparticipation, and whether a reduction underArticle 10.5.2 is appropriate, shall be made bythe Anti-Doping Organization whose resultsmanagement led to the imposition of the initialperiod of Ineligibility .10.10.3 Withholding of FinancialSupport during IneligibilityIn addition, for any anti-doping rule violation notinvolving a reduced sanction for Specified[Comment to Article 10.10.2: If anAthlete or other Person is alleged tohave violated the prohibition againstparticipation during a period ofIneligibility, the Anti-DopingOrganization which had resultsmanagement responsibility for theanti-doping rule violation whichresulted in the period of Ineligibilityshall determine whether theAthlete or other Person violatedthe prohibition and, if so, whetherthe Athlete or other Person hasestablished grounds for a reductionin the restarted period of Ineligibilityunder Article 10.5.2.
Decisionsrendered by Anti-DopingOrganizations under this Article maybe appealed pursuant to Article 13.2.Where an Athlete Support Personnelor other Person substantially assistsan Athlete in violating the prohibitionagainst participation duringIneligibility, an Anti-DopingOrganization with jurisdiction oversuch Athlete Support Personnel orother Person may appropriatelyimpose sanctions under its owndisciplinary rules for such assistance.
]76 World Anti-Doping Code •2009Substances as described in Article 10.4, someor all sport-related financial support or othersport-related benefits received by such Personwill be withheld by Signatories, Signatories'member organizations and governments.
10.11 Reinstatement TestingAs a condition to regaining eligibility at the end of aspecified period of Ineligibility , an Athlete must,during any period of Provisional Suspension orIneligibility , make him or herself available for Out-of-Competition Testing by any Anti-Doping Organizationhaving Testing jurisdiction, and must, if requested,provide current and accurate whereaboutsinformation.
If an Athlete subject to a period ofIneligibility retires from sport and is removed fromOut-of-Competition Testing pools and later seeksreinstatement, the Athlete shall not be eligible forreinstatement until the Athlete has notified relevantAnti-Doping Organization s and has been subject toOut-of-Competition Testing for a period of time equalto the period of Ineligibility remaining as of the datethe Athlete had retired.10.12 Imposition of Financial SanctionsAnti-Doping Organization s may, in their own rules,provide for financial sanctions on account of anti-doping rule violations.
However, no financial sanctionmay be considered a basis for reducing the period ofIneligibility or other sanction which would otherwisebe applicable under the Code .Doping Control1PARTArticle 10: Sanctions on IndividualsArticle 11: Consequences to Teams[Comment to Article 10.12: Forexample, if a hearing panel were tofind in a case that the cumulativeeffect of the sanction applicableunder the Code and a financialsanction provided in the rules ofan Anti-Doping Organization wouldresult in too harsh a consequence,then the Anti-Doping Organization'sfinancial sanction, not the other Codesanctions (e.g., Ineligibility and loss ofresults), would give way.