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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 tea... |
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... |
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: ... |
]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 A... |
[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 th... |
]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 An... |
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: CASdecision... |
][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 relevant... |
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... |
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-DopingOr... |
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 ... |
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 t... |
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 ... |
]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 toh... |
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... |
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 Athle... |
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 publ... |
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 hav... |
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 ... |
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 ... |
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 neces... |
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 Organisa... |
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 a... |
]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 Ev... |
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 wi... |
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, results... |
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 Resp... |
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... |
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 be... |
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, i... |
]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 res... |
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 reco... |
][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, theInternatio... |
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 ... |
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-fre... |
(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• Ma... |
(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 Pr... |
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 do... |
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 resea... |
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 develop... |
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 eth... |
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 recogni... |
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 orparamed... |
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 wit... |
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-dopi... |
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 &Res... |
]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 h... |
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 beeninvolve... |
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 ... |
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, offici... |
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 Organizat... |
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 in... |
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 Person... |
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 ... |
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 Int... |
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 Artic... |
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