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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 Ineligi...
]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 t...
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 appe...
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 a...
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 mayappl...
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 purs...
]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 wh...
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 p...
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-Do...
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 perform...
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 perform...
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 thatpe...
]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 ( Traffickin...
[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 e...
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...
]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, reductio...
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-lif...
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 thes...
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 other...
[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 Article1...
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/o...
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 rule...
• 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 Decembe...
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 sam...
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 wi...
[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...
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....
]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...
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 Prov...
[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 educ...
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...
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 Fi...
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 ...
]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...
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 fo...
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 tofi...