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]77 World Anti-Doping Code •2009ARTICLE 11: CONSEQUENCES TO TEAMS11.1 Testing of Team Sport sWhere more than one member of a team in a TeamSport has been notified of an anti-doping ruleviolation under Article 7 in connection with an Event ,the ruling body for the Event shall conductappropriate Target Testing of the team during theEvent Period .11.2 Consequences for Team Sport sIf more than two members of a team in a Team Sportare found to have committed an anti-doping ruleviolation during an Event Period , the ruling body of theEvent shall impose an appropriate sanction on theteam (e.g., loss of points, Disqualification from aCompetition or Event , or other sanction) in addition toany Consequences imposed upon the individualAthletes committing the anti-doping rule violation. |
11.3 Event Ruling Body May EstablishStricter Consequences for Team Sport sThe ruling body for an Event may elect to establishrules for the Event which impose Consequences forTeam Sport s stricter than those in Article 11.2 forpurposes of the Event . |
[Comment to Article 11.3: Forexample, the International OlympicCommittee could establish ruleswhich would require Disqualificationof a team from the Games of theOlympiad based on a lesser numberof anti-doping rule violationsduring the period of the Gamesof the Olympiad. |
]78 World Anti-Doping Code •2009ARTICLE 12: SANCTIONS AGAINST SPORTING BODIESNothing in the Code precludes any Signatory or governmentaccepting the Code from enforcing its own rules for thepurpose of imposing sanctions on another sporting bodyover which the Signatory or government has authority.ARTICLE 13: APPEALS13.1 Decisions Subject to AppealDecisions made under the Code or rules adoptedpursuant to the Code may be appealed as set forthbelow in Articles 13.2 through 13.4 or as otherwiseprovided in the Code . |
Such decisions shall remain ineffect while under appeal unless the appellate bodyorders otherwise. |
Before an appeal is commenced, anypost-decision review provided in the Anti-DopingOrganization 's rules must be exhausted, provided thatsuch review respects the principles set forth in Article13.2.2 below (except as provided in Article 13.1.1).Doping Control1PARTArticle 12: Sanctions Against Sporting BodiesArticle 13: Appeals[Comment to Article 12: This Articlemakes it clear that the Code does notrestrict whatever disciplinary rightsbetween organizations mayotherwise exist. |
]79 World Anti-Doping Code •200913.1.1 WADA Not Required toExhaust Internal RemediesWhere WADA has a right to appeal underArticle 13 and no other party has appealed afinal decision within the Anti-DopingOrganization’s process, WADA may appealsuch decision directly to CAS without having toexhaust other remedies in the Anti-DopingOrganization process.13.2 Appeals from Decisions RegardingAnti-Doping Rule Violations, Consequences ,and Provisional Suspension sA decision that an anti-doping rule violation wascommitted, a decision imposing Consequences for ananti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision thatan anti-doping rule violation proceeding cannot goforward for procedural reasons (including, forexample, prescription); a decision under Article10.10.2 (Violation of the Prohibition of Participationduring Ineligibility); a decision that an Anti-DopingOrganization lacks jurisdiction to rule on an allegedanti-doping rule violation or its Consequences; adecision by an Anti-Doping Organization not to bringforward an Adverse Analytical Finding or an AtypicalFinding as an anti-doping rule violation, or a decisionnot to go forward with an anti-doping rule violationafter an investigation under Article 7.4; and a decisionto impose a Provisional Suspension as a result of aProvisional Hearing or in violation of Article 7.5, maybe appealed exclusively as provided in this Article 13.2. |
[Comment to Article 13.1.1: Where adecision has been rendered beforethe final stage of an Anti-DopingOrganization's process (e.g., a firsthearing) and no party elects to appealthat decision to the next level of theAnti-Doping Organization's process(e.g., the Managing Board), thenWADA may bypass the remainingsteps in the Anti-DopingOrganization's internal processand appeal directly to CAS. |
]80 World Anti-Doping Code •200913.2.1 Appeals InvolvingInternational-Level Athlete sIn cases arising from participation in anInternational Event or in cases involvingInternational-Level Athlete s, the decisionmay be appealed exclusively to CAS inaccordance with the provisions applicablebefore such court. |
13.2.2 Appeals Involving National-Level Athlete sIn cases involving national-level Athlete s, asdefined by each National Anti-DopingOrganization , who do not have a right toappeal under Article 13.2.1, the decision maybe appealed to an independent and impartialbody in accordance with rules established bythe National Anti-Doping Organization . |
Therules for such appeal shall respect thefollowing principles:• a timely hearing;• a fair, impartial and independent hearingpanel;• the right to be represented by counsel atthe Person 's own expense; and• a timely, written, reasoned decision.Doping Control1PARTArticle 13: Appeals[Comment to Article 13.2.1: CASdecisions are final and bindingexcept for any review required bylaw applicable to the annulment orenforcement of arbitral awards. |
][Comment to Article 13.2.2: An Anti-Doping Organization may elect tocomply with this Article by giving itsnational-level Athletes the right toappeal directly to CAS. |
]81 World Anti-Doping Code •200913.2.3 Person s Entitled to AppealIn cases under Article 13.2.1, the followingparties shall have the right to appeal to CAS:(a) the Athlete or other Person who is thesubject of the decision being appealed; (b)the other party to the case in which thedecision was rendered; (c) the relevantInternational Federation; (d) the NationalAnti-Doping Organization of the Person ’scountry of residence or countries where thePerson is a national or license holder; (e) theInternational Olympic Committee orInternational Paralympic Committee, asapplicable, where the decision may have aneffect in relation to the Olympic Games orParalympic Games, including decisionsaffecting eligibility for the Olympic Games orParalympic Games; and (f) WADA .In cases under Article 13.2.2, the partieshaving the right to appeal to the national-level reviewing body shall be as provided inthe National Anti-Doping Organization 'srules but, at a minimum, shall include thefollowing parties: (a) the Athlete or otherPerson who is the subject of the decisionbeing appealed; (b) the other party to thecase in which the decision was rendered; (c)the relevant International Federation; (d) theNational Anti-Doping Organization of thePerson ’s country of residence; and (e)WADA . |
For cases under Article 13.2.2, WADAand the International Federation shall alsohave the right to appeal to CAS with respectto the decision of the national-level reviewingbody. |
Any party filing an appeal shall beentitled to assistance from CAS to obtain allrelevant information from the Anti-DopingOrganization whose decision is being82 World Anti-Doping Code •2009appealed and the information shall be providedif CAS so directs.The filing deadline for an appeal or interventionfiled by WADA shall be the later of:(a) Twenty-one (21) days after the last day onwhich any other party in the case couldhave appealed, or(b) Twenty-one (21) days after WADA ’s receiptof the complete file relating to the decision.Notwithstanding any other provision herein, theonly Person who may appeal from a ProvisionalSuspension is the Athlete or other Person uponwhom the Provisional Suspension is imposed.13.3 Failure to Render a Timely Decisionby an Anti-Doping OrganizationWhere, in a particular case, an Anti-DopingOrganization fails to render a decision with respect towhether an anti-doping rule violation was committedwithin a reasonable deadline set by WADA , WADA mayelect to appeal directly to CAS as if the Anti-DopingOrganization had rendered a decision finding no anti-doping rule violation. |
If the CAS hearing paneldetermines that an anti-doping rule violation wasDoping Control1PARTArticle 13: Appeals[Comment to Article 13.3: Given thedifferent circumstances of each anti-doping rule violation investigationand results management process,it is not feasible to establish a fixedtime period for an Anti-DopingOrganization to render a decisionbefore WADA may intervene byappealing directly to CAS. |
Beforetaking such action, however, WADAwill consult with the Anti-DopingOrganization and give the Anti-Doping Organization an opportunityto explain why it has not yet rendereda decision. |
Nothing in this Articleprohibits an International Federationfrom also having rules whichauthorize it to assume jurisdictionfor matters in which the resultsmanagement performed by oneof its National Federations hasbeen inappropriately delayed. |
]83 World Anti-Doping Code •2009committed and that WADA acted reasonably in electingto appeal directly to CAS, then WADA’s costs andattorneys fees in prosecuting the appeal shall bereimbursed to WADA by the Anti-Doping Organization .13.4 Appeals from Decisions Grantingor Denying a Therapeutic Use ExemptionDecisions by WADA reversing the grant or denial of atherapeutic use exemption may be appealedexclusively to CAS by the Athlete or the Anti-DopingOrganization whose decision was reversed. |
Decisionsby Anti-Doping Organization s other than WADAdenying therapeutic use exemptions, which are notreversed by WADA , may be appealed by International-Level Athlete s to CAS and by other Athlete s to thenational-level reviewing body described in Article13.2.2. |
If the national-level reviewing body reversesthe decision to deny a therapeutic use exemption,that decision may be appealed to CAS by WADA .When an Anti-Doping Organization fails to take actionon a properly submitted therapeutic use exemptionapplication within a reasonable time, the Anti-DopingOrganization ’s failure to decide may be considered adenial for purposes of the appeal rights provided inthis Article.13.5 Appeals from Decisions underPart Three and Part Four of the CodeWith respect to a WADA report of noncomplianceunder Article 23.4.5 or any Consequences imposedunder Part Three (Roles and Responsibilities) of theCode , the entity to which the WADA report pertains orupon which Consequences are imposed under PartThree of the Code shall have the right to appealexclusively to CAS in accordance with the provisionsapplicable before such court.84 World Anti-Doping Code •200913.6 Appeals from Decisions Suspendingor Revoking Laboratory AccreditationDecisions by WADA to suspend or revoke alaboratory's WADA accreditation may be appealedonly by that laboratory with the appeal beingexclusively to CAS.ARTICLE 14: CONFIDENTIALITY AND REPORTINGThe principles of coordination of anti-doping results, publictransparency and accountability and respect for the privacyinterests of individuals alleged to have violated anti-dopingrules are:14.1 Information Concerning Adverse Analytical Finding s,Atypical Finding s, and Other Potential Anti-DopingRule Violations14.1.1 Notice to Athlete s and Other Person sAn Athlete whose Sample is brought forwardas an Adverse Analytical Finding after theinitial review under Articles 7.1 or 7.3 , or anAthlete or other Person who is asserted tohave committed an anti-doping rule violationafter the initial review under Article 7.4, shallbe notified by the Anti-Doping Organizationwith results management responsibility asprovided in Article 7 (Results Management).Doping Control1PARTArticle 13: AppealsArticle 14: Confidentiality and Reporting[Comment to Article 13: The object ofthe Code is to have anti-dopingmatters resolved through fair andtransparent internal processes with afinal appeal. |
Anti-doping decisions byAnti-Doping Organizations are madetransparent in Article 14. |
SpecifiedPersons and organizations, includingWADA, are then given the opportunityto appeal those decisions. |
Note thatthe definition of interested Personsand organizations with a right toappeal under Article 13 does notinclude Athletes, or their federations,who might benefit from havinganother competitor disqualified. |
]85 World Anti-Doping Code •200914.1.2 Notice to National Anti-Doping Organization s,International Federations and WADAThe same Anti-Doping Organization shallalso notify the Athlete ’s National Anti-DopingOrganization , International Federation andWADA not later than the completion of theprocess described in Articles 7.1 through 7.4.14.1.3 Content of NotificationNotification shall include: the Athlete 's name,country, sport and discipline within the sport,the Athlete ’s competitive level, whether thetest was In-Competition or Out-of-Competition ,the date of Sample collection and theanalytical result reported by the laboratory.14.1.4 Status ReportsThe same Person s and Anti-DopingOrganization s shall be regularly updated on thestatus and findings of any review or proceedingsconducted pursuant to Articles 7 (ResultsManagement), 8 (Right to a Fair Hearing) or 13(Appeals) and shall be provided with a promptwritten reasoned explanation or decisionexplaining the resolution of the matter.14.1.5 ConfidentialityThe recipient organizations shall not disclosethis information beyond those Person s with aneed to know (which would include theappropriate personnel at the applicableNational Olympic Committee , NationalFederation, and team in a Team Sport ) until[Comment to Article 14.1.5: Each Anti-Doping Organization shall provide, in itsown anti-doping rules, procedures forthe protection of confidential informationand for investigating and discipliningimproper disclosure of confidentialinformation by any employee or agentof the Anti-Doping Organization. |
]86 World Anti-Doping Code •2009the Anti-Doping Organization with resultsmanagement responsibility has made publicdisclosure or has failed to make publicdisclosure as required in Article 14.2 below.14.2 Public Disclosure14.2.1 The identity of any Athlete or other Person whois asserted by an Anti-Doping Organization tohave committed an anti-doping rule violation,may be publicly disclose d by the Anti-DopingOrganization with results managementresponsibility only after notice has beenprovided to the Athlete or other Person inaccordance with Articles 7.2, 7.3 or 7.4, and tothe applicable Anti-Doping Organization s inaccordance with Article 14.1.2.14.2.2 No later than twenty (20) days after it has beendetermined in a hearing in accordance withArticle 8 that an anti-doping rule violation hasoccurred, or such hearing has been waived, orthe assertion of an anti-doping rule violationhas not been timely challenged, the Anti-Doping Organization responsible for resultsmanagement must publicly report thedisposition of the anti-doping matter includingthe sport, the anti-doping rule violated, thename of the Athlete or other Personcommitting the violation, the ProhibitedSubstance or Prohibited Method involved andthe Consequences imposed. |
The same Anti-Doping Organization must also publicly reportwithin twenty (20) days appeal decisionsconcerning anti-doping rule violations. |
TheAnti-Doping Organization shall also, within thetime period for publication, send all hearingand appeal decisions to WADA .Doping Control1PARTArticle 13: AppealsArticle 14: Confidentiality and Reporting87 World Anti-Doping Code •200914.2.3 In any case where it is determined, after ahearing or appeal, that the Athlete or otherPerson did not commit an anti-doping ruleviolation, the decision may be disclosedpublicly only with the consent of the Athleteor other Person who is the subject of thedecision. |
The Anti-Doping Organization withresults management responsibility shall usereasonable efforts to obtain such consent,and if consent is obtained, shall publiclydisclose the decision in its entirety or in suchredacted form as the Athlete or other Personmay approve. |
14.2.4 For purposes of Article 14.2, publication shallbe accomplished at a minimum by placingthe required information on the Anti-DopingOrganization ’s Web site and leaving theinformation up for at least one (1) year. |
14.2.5 No Anti-Doping Organization or WADA-accredited laboratory, or official of either, shallpublicly comment on the specific facts of apending case (as opposed to generaldescription of process and science) except inresponse to public comments attributed to theAthlete , other Person or their representatives.14.3 Athlete Whereabouts InformationAs further provided in the International Standard forTesting , Athlete s who have been identified by theirInternational Federation or National Anti-DopingOrganization for inclusion in a Registered Testing Poolshall provide accurate, current location information.The International Federations and National Anti-Doping Organization s shall coordinate the identi-fication of Athlete s and the collecting of currentlocation information and shall submit these to WADA .88 World Anti-Doping Code •2009This information will be accessible, through ADAMSwhere reasonably feasible, to other Anti-DopingOrganization s having jurisdiction to test the Athlete asprovided in Article 15. |
This information shall bemaintained in strict confidence at all times; shall beused exclusively for purposes of planning, coordinatingor conducting Testing ; and shall be destroyed after it isno longer relevant for these purposes.14.4 Statistical ReportingAnti-Doping Organization s shall, at least annually,publish publicly a general statistical report of theirDoping Control activities with a copy provided toWADA . |
Anti-Doping Organization s may also publishreports showing the name of each Athlete tested andthe date of each Testing .14.5 Doping Control Information ClearinghouseWADA shall act as a central clearinghouse for DopingControl Testing data and results for International-Level Athlete s and national-level Athlete s who havebeen included in their National Anti-DopingOrganization 's Registered Testing Pool . |
To facilitatecoordinated test distribution planning and to avoidunnecessary duplication in Testing by the variousAnti-Doping Organization s, each Anti-DopingOrganization shall report all In-Competition and Out-of-Competition tests on such Athlete s to the WADAclearinghouse as soon as possible after such testshave been conducted. |
This information will be madeaccessible to the Athlete , the Athlete 's NationalFederation, National Olympic Committee or NationalParalympic Committee, National Anti-DopingOrganization , International Federation, and theInternational Olympic Committee or InternationalParalympic Committee. |
Doping Control1PARTArticle 14: Confidentiality and Reporting89 World Anti-Doping Code •2009To enable it to serve as a clearinghouse for DopingControl Testing data, WADA has developed adatabase management tool, ADAMS , that reflectsemerging data privacy principles. |
In particular, WADAhas developed ADAMS to be consistent with dataprivacy statutes and norms applicable to WADA andother organizations using ADAMS . |
Privateinformation regarding an Athlete, Athlete SupportPersonnel, or others involved in anti-doping activitiesshall be maintained by WADA, which is supervised byCanadian privacy authorities, in strict confidence andin accordance with the International Standard for theprotection of privacy. |
WADA shall, at least annually,publish statistical reports summarizing theinformation that it receives, ensuring at all times thatthe privacy of Athlete s is fully respected and makeitself available for discussions with national andregional data privacy authorities.14.6 Data PrivacyWhen performing obligations under the Code , Anti-Doping Organization s may collect, store, process ordisclose personal information relating to Athlete s andthird parties. |
Each Anti-Doping Organization shallensure that it complies with applicable data protectionand privacy laws with respect to their handling of suchinformation, as well as the International Standard forthe protection of privacy that WADA shall adopt toensure Athlete s and non-athletes are fully informed ofand, where necessary, agree to the handling of theirpersonal information in connection with anti-dopingactivities arising under the Code .90 World Anti-Doping Code •2009ARTICLE 15: CLARIFICATION OF DOPING CONTROLRESPONSIBILITIES15.1 Event TestingThe collection of Sample s for Doping Control does andshould take place at both International Event s andNational Event s. However, except as otherwiseprovided below, only a single organization should beresponsible for initiating and directing Testing duringthe Event Period . |
At International Event s, thecollection of Doping Control Sample s shall be initiatedand directed by the international organization which isthe ruling body for the Event (e.g., the InternationalOlympic Committee for the Olympic Games, theInternational Federation for a World Championship,and Pan-American Sports Organisation for the PanAmerican Games). |
At National Event s, the collection ofDoping Control Sample s shall be initiated and directedby the designated National Anti-Doping Organizationof that country. |
Doping Control1PARTArticle 15: Clarification of Doping Control Responsibilities[Comment to Article 15: To be effective,the anti-doping effort must involvemany Anti-Doping Organizationsconducting strong programs at both theinternational and national levels. |
Ratherthan limiting the responsibilities of onegroup in favor of the exclusivecompetency of the other, the Codemanages potential problems associatedwith overlapping responsibilities, first bycreating a much higher level of overallharmonization and, second, byestablishing rules of precedence andcooperation in specific areas. |
]91 World Anti-Doping Code •200915.1.1 If an Anti-Doping Organization which is notresponsible for initiating and directingTesting at an Event nevertheless desires toconduct additional Testing of Athlete s at theEvent during the Event Period , the Anti-Doping Organization shall first confer withthe ruling body of the Event to obtainpermission to conduct, and to coordinate, anyadditional Testing. |
If the Anti-DopingOrganization is not satisfied with theresponse from the ruling body of the Event ,the Anti-Doping Organization may ask WADAfor permission to conduct additional Testingand to determine how to coordinate suchadditional Testing .WADA shall not grantapproval for such additional Testing beforeconsulting with and informing the ruling bodyfor the Event .15.2 Out-of-Competition TestingOut-of-Competition Testing shall be initiated anddirected by both international and national organizations.Out-of-Competition Testing may be initiated and directedby: (a) WADA ; (b) the International Olympic Committee orInternational Paralympic Committee in connection with[Comment to Article 15.1.1: Beforegiving approval to a National Anti-Doping Organization to initiate andconduct Testing at an InternationalEvent, WADA shall consult with theinternational organization which is theruling body for the Event. |
Before givingapproval to an International Federationto initiate and conduct Testing at aNational Event, WADA shall consult withthe National Anti-Doping Organizationof the country where the Event takesplace. |
The Anti-Doping Organization"initiating and directing Testing" may,if it chooses, enter into agreementswith other organizations to which itdelegates responsibility for Samplecollection or other aspects of theDoping Control process. |
][Comment to Article 15.2: Additionalauthority to conduct Testing may beauthorized by means of bilateral ormultilateral agreements amongSignatories and governments. |
]92 World Anti-Doping Code •2009the Olympic Games or Paralympic Games; (c) theAthlete 's International Federation; or (d) any other Anti-Doping Organization that has Testing jurisdiction overthe Athlete as provided in Article 5.1 (Test DistributionPlanning). |
Out-of-Competition Testing shall becoordinated through ADAMS where reasonably feasiblein order to maximize the effectiveness of the combinedTesting effort and to avoid unnecessary repetitive Testingof individual Athlete s.15.3 Results Management, Hearings and SanctionsExcept as provided in Article 15.3.1 below, resultsmanagement and hearings shall be the responsibilityof and shall be governed by the procedural rules ofthe Anti-Doping Organization that initiated anddirected Sample collection (or, if no Samplecollection is involved, the organization whichdiscovered the violation). |
If that Anti-DopingOrganization does not have the authority to conductresults management, then results managementauthority shall default to the applicable InternationalFederation. |
Regardless of which organizationconducts results management or hearings, theprinciples set forth in Articles 7 and 8 shall berespected and the rules identified in the Introductionto Part One to be incorporated without substantivechange must be followed.Doping Control1PARTArticle 15: Clarification of Doping Control Responsibilities[Comment to Article 15.3: In somecases, the procedural rules of the Anti-Doping Organization which initiated anddirected the Sample collection mayspecify that results management will behandled by another organization (e.g.,the Athlete's National Federation). |
Insuch event, it shall be the Anti-DopingOrganization's responsibility to confirmthat the other organization's rules areconsistent with the Code.The Athlete's or other Person'sInternational Federation has beenmade the authority of last resort forresults management to avoid thepossibility that no Anti-DopingOrganization would have authorityto conduct results management. |
Ofcourse, an International Federation isfree to provide in its own anti-dopingrules that the Athlete's or otherPerson's National Federation shallconduct results management. |
]93 World Anti-Doping Code •200915.3.1 R esults management and the conduct ofhearings for an anti-doping rule violationarising from a test by, or discovered by, aNational Anti-Doping Organization involvingan Athlete who is not a national, resident,license-holder or member of a sportorganization of that country shall beadministered as directed by the rules of theapplicable International Federation. |
Resultsmanagement and the conduct of hearingsfrom a test by the International OlympicCommittee, the International ParalympicCommittee, or a Major Event Organization ,shall be referred to the applicableInternational Federation as far as sanctionsbeyond Disqualification from the Event or theresults of the Event . |
[Comment to Article 15.3.1: No absoluterule is established for managing resultsand conducting hearings where aNational Anti-Doping Organization testsa foreign national Athlete over whom itwould have had no jurisdiction but forthe Athlete's presence in the NationalAnti-Doping Organization's country.Under this Article, it is left to theInternational Federation to determineunder its own rules whether, forexample, management of the caseshould be referred to the Athlete'sNational Anti-Doping Organization,remain with the Anti-DopingOrganization that collected theSample, or be taken over by theInternational Federation. |
]94 World Anti-Doping Code •200915.4 Mutual Recognition15.4.1 Subject to the right to appeal provided inArticle 13, Testing , therapeutic use exemptionsand hearing results or other finaladjudications of any Signatory which areconsistent with the Code and are within thatSignatory 's authority, shall be recognizedand respected by all other Signatories .15.4.2 Signatories shall recognize the same actionsof other bodies which have not accepted theCode if the rules of those bodies areotherwise consistent with the Code .Doping Control1PARTArticle 15: Clarification of Doping Control ResponsibilitiesArticle 16: Doping Control for Animals Competing in SportArticle 17: Statute of Limitations[Comment to Article 15.4.2: Where thedecision of a body that has notaccepted the Code is in somerespects Code compliant and in otherrespects not Code compliant,Signatories should attempt to applythe decision in harmony with theprinciples of the Code. |
For example, ifin a process consistent with the Codea non-Signatory has found an Athleteto have committed an anti-dopingrule violation on account of thepresence of a Prohibited Substancein his body but the period ofIneligibility applied is shorter than theperiod provided for in the Code, thenall Signatories should recognize thefinding of an anti-doping ruleviolation and the Athlete's NationalAnti-Doping Organization shouldconduct a hearing consistent withArticle 8 to determine whether thelonger period of Ineligibility providedin the Code should be imposed. |
][Comment to Article 15.4.1: There hasin the past been some confusion inthe interpretation of this Article withregard to therapeutic useexemptions. |
Unless providedotherwise by the rules of anInternational Federation or anagreement with an InternationalFederation, National Anti-DopingOrganizations do not have "authority"to grant therapeutic use exemptionsto International-Level Athletes. |
]95 World Anti-Doping Code •2009ARTICLE 16: DOPING CONTROL FOR ANIMALS COMPETING IN SPORT16.1 In any sport that includes animals in Competition , theInternational Federation for that sport shall establishand implement anti-doping rules for the animalsincluded in that sport. |
The anti-doping rules shallinclude a list of Prohibited Substance s, appropriateTesting procedures and a list of approvedlaboratories for Sample analysis.16.2 With respect to determining anti-doping rule violations,results management, fair hearings, Consequences ,and appeals for animals involved in sport, theInternational Federation for that sport shall establishand implement rules that are generally consistent withArticles 1, 2, 3, 9, 10, 11, 13 and 17 of the Code.ARTICLE 17: STATUTE OF LIMITATIONSNo action may be commenced against an Athlete or otherPerson for an anti-doping rule violation contained in the Codeunless such action is commenced within eight (8) years fromthe date the violation is asserted to have occurred. |
96 World Anti-Doping Code •2009Doping Control1PARTPART TWO:EDUCATIONAND RESEARCH98 World Anti-Doping Code •2009ARTICLE 18: EDUCATION18.1 Basic Principle and Primary GoalThe basic principle for information and educationprograms for doping-free sport is to preserve thespirit of sport, as described in the Introduction to theCode , from being undermined by doping. |
The primarygoal of such programs is prevention. |
The objectiveshall be to prevent the intentional or unintentionalUse by Athlete s of Prohibited Substance s andProhibited Method s.All Signatories shall within their means and scope ofresponsibility and in cooperation with each other,plan, implement, evaluate and monitor informationand education programs for doping-free sport.18.2 Programs and ActivitiesThese programs shall provideAthlete s and otherPerson s with updated and accurate information on atleast the following issues: Education & Research2PARTArticle 18: Education[Comment to Article 18.2: Anti-doping informational and educationalprograms should not be limited tonational- or International-LevelAthletes but should include allPersons, including youth, whoparticipate in sport under theauthority of any Signatory,government or other sportsorganization accepting the Code. |
(See definition of Athlete.) |
Theseprograms should also includeAthlete Support Personnel.These principles are consistentwith the UNESCO Convention withrespect to education and training. |
]99 World Anti-Doping Code •2009• Substances and methods on the Prohibited List• Anti-doping rule violations•Consequences of doping, including sanctions,health and social consequences• Doping Control procedures• Athlete s' and Athlete Support Personnel ’s rightsand responsibilities• Therapeutic use exemptions• Managing the risks of nutritional supplements• Harm of doping to the spirit of sportThe programs should promote the spirit of sport inorder to establish an environment that is stronglyconducive to doping-free sport and will have apositive and long-term influence on the choices madebyAthlete s and other Person s.These programs should be directed at young people,appropriate to their stage of development, in schooland sports clubs, parents, adult athletes, sportofficials, coaches, medical personnel and the media. |
(The media should also cooperate in supporting anddiffusing this information. |
)Athlete Support Personnel should educate andcounsel Athlete s regarding anti-doping policies andrules adopted pursuant to the Code .All Signatories shall promote and support activeparticipation by Athlete s and Athlete Support Personnelin education programs for doping-free sport.100 World Anti-Doping Code •200918.3 Professional Codes of ConductAll Signatories shall cooperate with each other andgovernments to encourage relevant, competentprofessional associations and institutions to developand implement appropriate Codes of Conduct, goodpractice and ethics related to sport practiceregarding anti-doping, as well as sanctions, whichare consistent with the Code .18.4 Coordination and CooperationWADA shall act as a central clearinghouse forinformational and educational resources and/or programsdeveloped by WADA or Anti-Doping Organization s.All Signatories and Athlete s and other Person s shallcooperate with each other and governments tocoordinate their efforts in anti-doping informationand education in order to share experience andensure the effectiveness of these programs inpreventing doping in sport. |
Education & Research2PARTArticle 18: EducationArticle 19: Research101 World Anti-Doping Code •2009ARTICLE 19: RESEARCH19.1 Purpose and Aims of Anti-Doping ResearchAnti-doping research contributes to the developmentand implementation of efficient programs withinDoping Control and to information and educationregarding doping-free sport. |
All Signatories shall, in cooperation with each otherand governments, encourage and promote suchresearch and take all reasonable measures to ensurethat the results of such research are used for thepromotion of the goals that are consistent with theprinciples of the Code .19.2 Types of ResearchRelevant anti-doping research may include, forexample, sociological, behavioral, juridical andethical studies in addition to medical, analytical andphysiological investigation. |
Studies on devising andevaluating the efficacy of scientifically-basedphysiological and psychological training programsthat are consistent with the principles of the Code andrespectful of the integrity of the human subjects, aswell as studies on the Use of emerging substances ormethods resulting from scientific developmentsshould be conducted.19.3 Coordination of Research and Sharing of ResultsCoordination of anti-doping research through WADA isencouraged. |
Subject to intellectual property rights,copies of anti-doping research results should beprovided to WADA and, where appropriate, shared withrelevant Signatories and Athlete s and other Person s. 102 World Anti-Doping Code •200919.4 Research PracticesAnti-doping research shall comply with inter-nationally-recognized ethical practices.19.5 Research Using Prohibited Substance sand Prohibited Method sResearch efforts should avoid the administrationof Prohibited Substance s or Prohibited Method sto Athlete s.19.6 Misuse of ResultsAdequate precautions should be taken so that theresults of anti-doping research are not misused andapplied for doping. |
Education & Research2PARTArticle 19: ResearchPART THREE:ROLES ANDRESPONSIBILITIESAll Signatories shall act in a spirit of partnershipand collaboration in order to ensure the successof the fight against doping in sport and therespect of the Code . |
[Comment: Responsibilities forSignatories and Athletes orother Persons are addressedin various Articles in the Codeand the responsibilities listedin this part are additional tothese responsibilities. |
]104 World Anti-Doping Code •2009ARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES20.1 Roles and Responsibilities of theInternational Olympic Committee20.1.1 To adopt and implement anti-doping policiesand rules for the Olympic Games whichconform with the Code .20.1.2 To r equire as a condition of recognition by theInternational Olympic Committee, thatInternational Federations within the OlympicMovement are in compliance with the Code . |
20.1.3 To withhold some or all Olympic funding ofsport organizations that are not in compliancewith the Code . |
20.1.4 To take appropriate action to discouragenoncompliance with the Code as provided inArticle 23.5.20.1.5 To authorize and facilitate the IndependentObserve r Program .20.1.6 To require all Athlete s and each Athlete SupportPersonnel who participates as coach, trainer,manager, team staff, official, medical orparamedical personnel in the Olympic Gamesto agree to be bound by anti-doping rules inconformity with the Code as a condition of suchparticipation.20.1.7 To vigorously pursue all potential anti-dopingrule violations within its jurisdiction includingRoles &Responsibilities3PARTArticle 20: Additional Roles and Responsibilities of Signatories105 World Anti-Doping Code •2009investigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping. |
20.1.8 To accept bids for the Olympic Games only fromcountries where the government has ratified,accepted, approved or acceded to the UNESCOConvention and the National OlympicCommittee, National Paralympic Committeeand National Anti-Doping Organization are incompliance with the Code . |
20.1.9 To promote anti-doping education.20.1.10 To cooperate with relevant nationalorganizations and agencies and otherAnti-Doping Organization s. 20.2 Roles and Responsibilities of theInternational Paralympic Committee20.2.1 To adopt and implement anti-doping policiesand rules for the Paralympic Games whichconform with the Code .20.2.2 To r equire as a condition of recognition by theInternational Paralympic Committee, thatNational Paralympic Committees within theParalympic Movement are in compliance withthe Code .20.2.3 To withhold some or all Paralympic funding ofsport organizations that are not in compliancewith the Code .20.2.4 To take appropriate action to discouragenoncompliance with the Code as provided inArticle 23.5. |
106 World Anti-Doping Code •200920.2.5 To authorize and facilitate the IndependentObserver Program .20.2.6 To require all Athlete s and each Athlete SupportPersonnel who participates as coach, trainer,manager, team staff, official, medical orparamedical personnel in the ParalympicGames to agree to be bound by anti-dopingrules in conformity with the Code as a conditionof such participation.20.2.7 To vigorously pursue all potential anti-dopingrule violations within its jurisdiction includinginvestigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping.20.2.8 To promote anti-doping education.20.2.9 To c ooperate with relevant nationalorganizations and agencies and other Anti-Doping Organization s. 20.3 Roles and Responsibilities of International Federations20.3.1 To adopt and implement anti-doping policiesand rules which conform with the Code . |
20.3.2 To r equire as a condition of membership thatthe policies, rules and programs of NationalFederations are in compliance with the Code . |
20.3.3 To require all Athlete s and each Athlete SupportPersonnel who participates as coach, trainer,manager, team staff, official, medical orparamedical personnel in a Competition oractivity authorized or organized by theInternational Federation or one of its memberorganizations to agree to be bound by anti-Roles &Responsibilities3PARTArticle 20: Additional Roles and Responsibilities of Signatories107 World Anti-Doping Code •2009doping rules in conformity with the Code as acondition of such participation.20.3.4 To r equire Athlete s who are not regularmembers of the International Federation or oneof its member National Federations to beavailable for Sample collection and to provideaccurate and up-to-date whereabouts informationas part of the International Federation’sRegistered Testing Pool consistent with theconditions for eligibility established by theInternational Federation or, as applicable, theMajor Event Organization .20.3.5 To r equire each of its National Federations toestablish rules requiring all Athlete s and eachAthlete Support Personnel who participates ascoach, trainer, manager, team staff, official,medical or paramedical personnel in aCompetition or activity authorized or organizedby a National Federation or one of its memberorganizations to agree to be bound by anti-doping rules in conformity with the Code as acondition of such participation.20.3.6 To take appropriate action to discouragenoncompliance with the Code as provided inArticle 23.5.20.3.7 To authorize and facilitate the IndependentObserver Program at International Event s. 20.3.8 To withhold some or all funding to its memberNational Federations that are not in compliancewith the Code .20.3.9 To vigorously pursue all potential anti-doping[Comment to Article 20.3.4:This would include, for example,Athletes from professionalleagues. |
]108 World Anti-Doping Code •2009rule violations within its jurisdiction includinginvestigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping.20.3.10 After 1 January 2010, to do everything possibleto award World Championships only tocountries where the government has ratified,accepted, approved or acceded to the UNESCOConvention and the National OlympicCommittee , National Paralympic Committeeand National Anti-Doping Organization are incompliance with the Code .20.3.11 To promote anti-doping education.20.3.12 To c ooperate with relevant national organizationsand agencies and other Anti-DopingOrganization s. 20.4 Roles and Responsibilities of National OlympicCommittees and National Paralympic Committees20.4.1 To ensure that their anti-doping policies andrules conform with the Code .20.4.2 To r equire as a condition of membership orrecognition that National Federations' anti-doping policies and rules are in compliance withthe applicable provisions of the Code .20.4.3 To r equire Athlete s who are not regularmembers of a National Federation to beavailable for Sample collection and to provideaccurate and up-to-date whereaboutsinformation as part of the National RegisteredTesting Pool during the year before the OlympicRoles &Responsibilities3PARTArticle 20: Additional Roles and Responsibilities of Signatories109 World Anti-Doping Code •2009Games and Paralympic Games as a condition ofparticipation in the Olympic Games andParalympic Games.20.4.4 To c ooperate with their National Anti-DopingOrganization .20.4.5 To r equire each of its National Federations toestablish rules requiring each Athlete SupportPersonnel who participates as coach, trainer,manager, team staff, official, medical or para-medical personnel in a Competition or activityauthorized or organized by a National Federationor one of its member organizations to agree to bebound by anti-doping rules in conformity with theCode as a condition of such participation.20.4.6 To withhold some or all funding, during anyperiod of his or her Ineligibility , to any Athlete orAthlete Support Personnel who has violatedanti-doping rules. |
20.4.7 To withhold some or all funding to its memberor recognized National Federations that are notin compliance with the Code .20.4.8 To vigorously pursue all potential anti-dopingrule violations within its jurisdiction includinginvestigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping.20.4.9 To promote anti-doping education.20.4.10 To c ooperate with relevant national organizationsand agencies and other Anti-Doping Organization s. 110 World Anti-Doping Code •200920.5 Roles and Responsibilities ofNational Anti-Doping Organization s20.5.1 To adopt and implement anti-doping rules andpolices which conform with the Code .20.5.2 To c ooperate with other relevant nationalorganizations and agencies and other Anti-Doping Organization s. 20.5.3 To encour age reciprocal Testing betweenNational Anti-Doping Organization s.20.5.4 To promote anti-doping research. |
20.5.5 Where funding is provided, to withhold some orall funding, during any period of his or herIneligibility , to any Athlete or Athlete SupportPersonnel who has violated anti-doping rules.20.5.6 To vigorously pursue all potential anti-dopingrule violations within its jurisdiction includinginvestigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping.20.5.7 To promote anti-doping education.20.6 Roles and Responsibilities of Major Event Organization s20.6.1 To adopt and implement anti-doping policiesand rules for their Event s which conform withthe Code .20.6.2 To take appropriate action to discouragenoncompliance with the Code as provided inArticle 23.5. |
Roles &Responsibilities3PARTArticle 20: Additional Roles and Responsibilities of Signatories111 World Anti-Doping Code •200920.6.3 To authorize and facilitate the IndependentObserver Program .20.6.4 To require all Athlete s and each Athlete SupportPersonnel who participates as coach, trainer,manager, team staff, official, medical orparamedical personnel in the Event to agree tobe bound by anti-doping rules in conformity withthe Code as a condition of such participation.20.6.5 To vigorously pursue all potential anti-dopingrule violations within its jurisdiction includinginvestigation into whether Athlete SupportPersonnel or other Person s may have beeninvolved in each case of doping.20.6.6 After 1 January 2010, to do everything possibleto award Event s only to countries where thegovernment has ratified, accepted, approved oracceded to the UNESCO Convention and theNational Olympic Committee , NationalParalympic Committee and National Anti-Doping Organization are in compliance with theCode .20.6.7 To promote anti-doping education.20.6.8 To cooperate with relevant nationalorganizations and agencies and other Anti-Doping Organization s. 20.7 Roles and Responsibilities of WADA20.7.1 To adopt and implement policies andprocedures which conform with the Code . |
20.7.2 To monitor Code compliance by Signatories .112 World Anti-Doping Code •200920.7.3 To approve International Standard s applicableto the implementation of the Code .20.7.4 To accr edit and reaccredit laboratories toconduct Sample analysis or to approve others toconduct Sample analysis. |
20.7.5 To develop and approve models of best practice.20.7.6 To pr omote, conduct, commission, fund andcoordinate anti-doping research and topromote anti-doping education.20.7.7 To design and conduct an effective IndependentObserver Program .20.7.8 To conduct Doping Control s as authorized byother Anti-Doping Organization s and tocooperate with relevant national andinternational organizations and agencies,including but not limited to, facilitating inquiriesand investigations. |
ARTICLE 21: ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE S AND OTHER PERSON S21.1 Roles and Responsibilities of Athlete s21.1.1 To be knowl edgeable of and comply with allapplicable anti-doping policies and rulesadopted pursuant to the Code .21.1.2 To be available for Sample collection. |
Roles &Responsibilities3PARTArticle 20: Additional Roles and Responsibilities of SignatoriesArticle 21: Additional Roles and Responsibiliti of Athlete s and other Person sArticle 22: Involvement of Governments113 World Anti-Doping Code •200921.1.3 To take r esponsibility, in the context of anti-doping, for what they ingest and use. |
21.1.4 To inf orm medical personnel of their obligationnot to Use Prohibited Substance s andProhibited Method s and to take responsibility tomake sure that any medical treatment receiveddoes not violate anti-doping policies and rulesadopted pursuant to the Code .21.2 Roles and Responsibilities of Athlete Support Personnel21.2.1 To be kno wledgeable of and comply with allanti-doping policies and rules adoptedpursuant to the Code and which are applicableto them or the Athlete s whom they support.21.2.2 To c ooperate with the Athlete Testing program.21.2.3 To use their influence on Athlete values andbehavior to foster anti-doping attitudes.ARTICLE 22: INVOLVEMENT OF GOVERNMENTSEach government's commitment to the Code will be evidencedby its signing the Copenhagen Declaration on Anti-Doping inSport of March 3, 2003, and by ratifying, accepting, approvingor acceding to the UNESCO Convention . |
The following Articlesset forth the expectations of the Signatories .22.1 Each government will take all actions and measuresnecessary to comply with the UNESCO Convention.22.2 Each government will encourage all of its publicservices or agencies to share information with Anti-Doping Organization s which would be useful in the114 World Anti-Doping Code •2009fight against doping and where to do so would nototherwise be legally prohibited.22.3 Each government will respect arbitration as thepreferred means of resolving doping-related disputes.22.4 All other governmental involvement with anti-dopingwill be brought into harmony with the Code.22.5 Governments should meet the expectations of thisArticle by January 1, 2010.22.6 Failure by a government to ratify, accept, approve oraccede to the UNESCO Convention by January 1,2010, or to comply with the UNESCO Conventionthereafter may result in ineligibility to bid for Event sas provided in Articles 20.1.8 (International OlympicCommittee), 20.3.10 (International Federation),and 20.6.6 (Major Event Organization s) and mayresult in additional consequences, e.g., forfeiture ofoffices and positions within WADA ; ineligibility ornon-admission of any candidature to hold anyInternational Event in a country, cancellation ofInternational Event s; symbolic consequences andother consequences pursuant to the Olympic Charter.Roles &Responsibilities3PARTArticle 22: Involvement of Governments[Comment to Article 22: Mostgovernments cannot be parties to,or be bound by, private non-governmental instruments suchas the Code. |
For that reason,governments are not asked to beSignatories to the Code but rather tosign the Copenhagen Declaration andratify, accept, approve or accede tothe UNESCO Convention. |
Althoughthe acceptance mechanisms maybe different, the effort to combatdoping through the coordinated andharmonized program reflected inthe Code is very much a joint effortbetween the sport movementand governments. |
]PART FOUR:ACCEPTANCE,COMPLIANCE,MODIFICATION &INTERPRETATION116 World Anti-Doping Code •2009ARTICLE 23: ACCEPTANCE, COMPLIANCE AND MODIFICATION23.1 Acceptance of the Code23.1.1 The follo wing entities shall be Signatoriesaccepting the Code : WADA , The InternationalOlympic Committee, International Federations,The International Paralympic Committee,National Olympic Committees , NationalParalympic Committees, Major EventOrganization s, and National Anti-DopingOrganization s. These entities shall accept theCode by signing a declaration of acceptanceupon approval by each of their respectivegoverning bodies. |
23.1.2 Other sport organizations that may not beunder the control of a Signatory may, uponWADA 's invitation, also accept the Code .23.1.3 A list of all acceptances will be made publicby WADA .Acceptance, Compliance,Modification & Interpretation4PARTArticle 23: Acceptance, Compliance, and Modification [Comment to Article 23.1.1: Eachaccepting Signatory will separatelysign an identical copy of the standardform common declaration ofacceptance and deliver it to WADA.The act of acceptance will be asauthorized by the organic documentsof each organization. |
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