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Compliance with an International Standard (asopposed to another alternative standard, practice or procedure)shall be sufficient to conclude that the procedures addressed bythe International Standard were performed properly.In-CCompetition Comment: Thedistinction between “In-Competition”and “Out-of-Competition” testing issignificant because the full ProhibitedList is only tested for “In-Competition.”Prohibited stimulants, for example,are not tested for Out-of-Competitionbecause they have no performanceenhancing benefit unless they are inthe Athlete’s system while the Athleteis actually competing. |
So long as theprohibited stimulant has cleared theAthlete’s system at the time theAthlete competes, it makes nodifference whether that stimulantcould have been found in the Athlete’surine the day before or the day afterthe Competition.World Anti-Doping Code 200377World Anti-Doping Code 200376notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete actiondemonstrating that the Person no longer intends to havePossession and has renounced the Person’s previousPossession .Prohibited List: The List identifying the Prohibited Substancesand Prohibited Methods .Prohibited Method: Any method so described on the Prohibited List .Prohibited Substance:Any substance so described on theProhibited List .Provisional Hearing: For purposes of Article 7.5, an expeditedabbreviated hearing occurring prior to a hearing under Article 8(Right to a Fair Hearing) that provides the Athlete with notice andan opportunity to be heard in either written or oral form. |
Provisional Suspension: See Consequences above.Publicly Disclose or Publicly Report:To disseminate or distributeinformation to the general public or persons beyond those personsentitled to earlier notification in accordance with Article 14. |
Registered Testing Pool: The pool of top level Athletesestablished separately by each International Federation andNational Anti-Doping Organization who are subject to both In-Competition and Out-of-Competition Testing as part of thatInternational Federation’s or Organization’s test distribution plan. |
SampleSpecimen: Any biological material collected for thepurposes of Doping Control .Reggistered Testingg Pool Comment:Each International Federation shallclearly define the specific criteria forinclusion of Athletes in its RegisteredTesting Pool. |
For example, thecriteria could be a specified worldranking cut-off, a specified timestandard, membership on a nationalteam, etc.No Fault or Negligence: The Athlete’s establishing that he or shedid not know or suspect, and could not reasonably have known orsuspected even with the exercise of utmost caution, that he orshe had Used or been administered the Prohibited Substance orProhibited Method. |
No Significant Fault or Negligence: The Athlete’s establishingthat his or her fault or negligence, when viewed in the totality ofthe circumstances and taking into account the criteria for NoFault or Negligence , was not significant in relationship to theanti-doping rule violation. |
Out-oof-CCompetition: Any Doping Control which is not In-Competition .Participant:Any Athlete or Athlete Support Personnel .Person: A natural Person or an organization or other entity. |
Possession: The actual, physical possession, or the constructivepossession (which shall be found only if the Person has exclusivecontrol over the Prohibited Substance/Method or the premises inwhich a Prohibited Substance/Method exists); provided, however,that if the Person does not have exclusive control over theProhibited Substance/Method or the premises in which aProhibited Substance/Method exists, constructive possessionshall only be found if the Person knew about the presence of theProhibited Substance/Method and intended to exercise controlover it. |
Provided, however, there shall be no anti-doping ruleviolation based solely on possession if, prior to receivingPossession Comment: Under thisdefinition, steroids found in anAthlete's car would constitute aviolation unless the Athleteestablishes that someone else usedthe car; in that event, the Anti-DopingOrganization must establish that,even though the Athlete did not haveexclusive control over the car, theAthlete knew about the steroids andintended to have control over thesteroids. |
Similarly, in the example ofsteroids found in a home medicinecabinet under the joint control of anAthlete and spouse, the Anti-DopingOrganization must establish that theAthlete knew the steroids were in thecabinet and that the Athlete intendedto exercise control over the steroids.World Anti-Doping Code 200378Signatories: Those entities signing the Code and agreeing tocomply with the Code , including the International OlympicCommittee, International Federations, International ParalympicCommittee, National Olympic Committee s, National ParalympicCommittees, Major Event Organizations , National Anti-DopingOrganizations , and WADA .Tampering:Altering for an improper purpose or in an improperway; bringing improper influence to bear; interfering improperlyto alter results or prevent normal procedures from occurring. |
Target Testing: Selection of Athletes for Testing where specificAthletes or groups of Athletes are selected on a non-randombasis for Testing at a specified time.Team Sport:A sport in which the substitution of players ispermitted during a Competition .Testing:The parts of the Doping Control process involving testdistribution planning, Sample collection, Sample handling, andSample transport to the laboratory.Trafficking:To sell, give, administer, transport, send, deliver ordistribute a Prohibited Substance or Prohibited Method to anAthlete either directly or through one or more third parties, butexcluding the sale or distribution (by medical personnel or byPerson s other than an Athlete’s Support Personnel ) of aProhibited Substance for genuine and legal therapeuticpurposes. |
Use: The application, ingestion, injection or consumption by anymeans whatsoever of any Prohibited Substance or ProhibitedMethod .WADA:The World Anti-Doping Agency. |
WAKO Anti-Doping Rules Page 1 of 81 ANTI -DOPING RULES Adopted on September 30th 2020 / Come into force on January 1st 2021 WAKO Anti-Doping Rules Page 2 of 81 Table of Contents Introduction 3 Article 1 Definition of doping ................................ ................................ .......... 6 Article 2 Anti -doping rule v iolations ................................ .............................. 6 Article 3 Proof of doping ................................ ................................ ................ 11 Article 4 The Prohibited list ................................ ................................ ............ 14 Article 5 Testing and investigations ................................ .............................. 20 Article 6 Analysis of Samples ................................ ................................ ......... 25 Article 7 Results management : responsibility, initial review, notice and Provisional suspensions ................................ ................................ ... 27 Article 8 Results management : right to a fair hearing and notice of hearing decision ................................ ................................ ............................. 32 Article 9 Automatic Disqualification of individual results .......................... 35 Article 10 Sanctions on individuals ................................ ................................ . |
35 Article 11 Consequences to teams ................................ ................................ .... 50 Article 12 Sanctions by WAKO against oth er sporting bodies .................... 51 Article 13 Results management : appeals ................................ ........................ 52 Article 14 Confidentiality and reporting ................................ ........................ 57 Article 15 Implementation of decisions ................................ .......................... 62 Article 16 Statute of limitations ................................ ................................ ....... 64 Article 17 Education ................................ ................................ ......................... 64 Article 18 Additional roles and responsibilities of National Federations .... 64 Article 19 Additional roles and responsibilities of WAKO .......................... 66 Article 20 Additional roles and responsibilities of Athletes .......................... 66 Article 21 Additional roles and responsibilities of Athlete support personnel . |
67 Article 22 Additional roles and responsibilities of other persons subject to these anti -doping rules ................................ ................................ .... 68 Article 23 Interpretation of the Code ................................ .............................. 68 Article 24 Final pro visions ................................ ................................ ............... 69 APPENDIX 1 Definitions ................................ ................................ ........................ 71 WAKO Anti-Doping Rules Page 3 of 81 Introduction Preface These Anti-Doping Rules are adopted a nd implemented in accordance with WAKO's responsibilities under the Code , and in furtherance of WAKO's continuing efforts to eradicate doping in sport. |
These Anti -Doping Rules are sport rules governing the conditions under which sport is played. |
Aimed at enforcing anti -doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws. |
They are not intended to be subject to or limited by any national requirements and leg al standards applicabl e to criminal or civil proc eedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights. |
When reviewing the facts and the law of a given case, all courts, arbitral tri bunals and other adjud icating bodies should be aw are of and respect the distinct nature of these Anti -Doping Rules, which implement the Code , and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to w hat is necessary to pr otect and ensure fair sport . |
As provided in the Code , WAKO shall be responsible for conducting all aspects of Doping Control . |
Any aspect of Doping Control or anti -doping Education may be delegated by WAKO to a Delegated Third Party, such as the Internatio nal Testing Agency (ITA) , however, WAKO shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and these Anti -Doping Rules. |
WAKO may delegate its adjudication responsibili ties and the Results M anagement to the CAS Anti -Doping Division (CAS ADD). |
When WAKO has delegated its responsibilities to implement part or all of Doping Control to the ITA or to other Delegated Third Party, any reference to WAKO in these Rules should be intended as a referen ce to the ITA or to the oth er Delegated Third Party , where applicable and within the context of the aforementioned delegation. |
WAKO shall always remain fully responsible for ensuring that any delegated aspects are performed in complia nce with the Code . |
Italicized terms in these Ant i-Doping Rules are defined terms in Appendix 1. |
Unless otherwise specified, references to Articles are references to Articles of these Anti -Doping Rules. |
Fundamental Rationale for the Code and WAKO's Anti -Doping Rules Anti-doping programs are founded on the intrinsic value of sport. |
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedic ated perfection of each Athlete’s natural talents. |
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods . |
WAKO Anti-Doping Rules Page 4 of 81 Anti-doping prog rams seek to maintain the integrity of sport in terms of respect for rules , other competitors, fair c ompetition, a level playing field, and the value of clean sport to the world. |
The spirit of sport is the celebration of the human spirit, body and mind. |
It is the essence of Olympism and is reflected in the values we find in and through sport, including: • Health • Ethics, fair play and honesty • Athletes’ rights as set forth in the Code • Excellence in performance • Character and Education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect for self and oth er Participants • Courage • Com munity and solidarity The spirit of sport is expressed in how we play true. |
Doping is fundamentally contrary to the spirit of sport. |
Scope of these Anti -Doping Rules These Anti -Doping Rules shall apply to: (a) WAKO, including i ts board members, directors , officers and specifie d employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of its National Federations, including their board members, directors, officers and speci fied employees, and Delegat ed Third Parties and their employees, who are involved in any aspect of Doping Control; (c) the following Athletes , Athlete Support Personnel and other Persons : (i) all Athletes and Athlete Support Personnel who are members of WAKO, or o f any National Federation , or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues) ; (ii) all Athletes and Athlete Support Personnel who participate in such capacity in Events , Competitions and other activities organi zed, convened, authorized or recognized by WAKO, or any National Federation , or by any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues) , wherever held; (iii) any other Athlete or Athlete Support Pe rsonnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of WAKO, or of any National Federation , or of any WAKO Anti-Doping Rules Page 5 of 81 member or affiliate organization of any National F ederation (including any clubs, teams, associations, or leagues), for purposes of anti -doping. |
To be eligible for participation in International Events , an Athlete or Athlete Support Personnel or other Person must have a license, accredita tion or be regist ered by WA KO through his or her National Federation . |
The license, accreditation or registration will only be issued to Athletes or Athlete Support Personnel or other Persons who have personally signed the consent form as provided by the WAKO. |
All forms fro m Minors m ust be counter -signed by their legal guardians ; and (iv) Athletes who are not regular members of WAKO or of one of its National Federations but who want to be eligible to compete in a particular International Event . |
Each of the abov ementioned Persons is deeme d, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti -Doping Rules, and to have submitted to the authority of WAKO to enforce these Anti -Doping Rul es, including an y Consequences for the brea ch thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti -Doping Rules.1 Within the overall pool of Athletes set out above wh o are bound by and required to comply with these Anti -Doping Rules, the following Athletes shall be considered to be International -Level Athletes for the purposes of these Anti -Doping Rules, and, therefore, the specific provisions in these Anti-Doping Rule s applicable to Internation al-Level Athletes (e.g., Testing , TUEs , whereabouts, and Results Management ) shall apply to such Athletes : (a) Athletes included in the WAKO Registered Testing Pool , Testing Pool and any other Pool if established by WAKO ; (b) Athletes who are National Champion f rom the date he/she is recognized as the official National Champion by the WAKO’s National Governing Body ; (c) Athletes who have competed in a WAKO World Cup, or A/B class Event in the last two years as defined in the WAKO calendar . |
1 [Comment: Where the Code requires a P erson other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti -doping rule violation under the Cod e for Use or Possession of a Prohibited Substance or Prohibited Method. |
Rather, such Person would onl y be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retalia tion). |
Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3. |
Also, the obligation to require an employee to be bound by the Code is subject to applicable law. |
WAK O shall ensure that, as per Article 19 of these Anti -Doping Rules, any arrangements with their board members, directors, officers, and specified employees , as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise – have explicit pr ovisions incorporated according to which such Persons are bound by, agree to comply with these Anti -Doping Rules, and agree on the WAKO’s authority to solve the anti -doping cases.] |
WAKO Anti-Doping Rules Page 6 of 81 Article 1 Definition of doping Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.11 of these Anti -Doping Rules. |
Article 2 Anti-Doping rule violations The purpose of Articl e 2 is to specify the circu mstances and conduct which constitute anti -doping rule violations. |
Hearings in doping cases will proceed ba sed on the assertion that one or more of these specific rules have been violated. |
Athletes or other Persons shall be resp onsible for knowing what co nstitutes an anti -doping rule violation and the substances and methods which have been included on the Prohibited List . |
The following constitute anti -doping rule violations: 2.1 Presence of a Prohibited Substance or its Metabol ites or Markers in an Athlete’s Sample 2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies. |
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. |
Accordingly, it is no t necessary that intent, Fault , Negligence or knowing Use on the Athlete’s part be demonstr ated in order to establish an anti -doping rule violation under Article 2.1. |
2 2.1.2 Sufficient proof of an anti -doping rule violation un der Article 2.1 is establis hed by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analysed ; or, where the Athlete’s B Sample is analysed and the analysis of the Athlete’s B Sample confirms the presence of the Prohib ited Substance or its Metabolites or Markers found in the Athlete’s A Sample ; or where the Athlete’s A or B Sample is split into two (2) parts and the analysi s of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample .3 2 [Comment to Article 2.1.1: An anti -doping r ule violation is committed un der this Article without regard to an Athlete’s Fault. |
This rule ha s been referred to in various CAS decisions as “Strict Liability”. |
An Athlete’s Fault is taken into consideration in determining the Consequences of this anti -doping rule violation under Article 10. |
This principle has consistently been upheld by CAS.] |
3 [Comment to Article 2.1.2: The Anti -Doping Organization with Results Management responsibility may, at its discretion, choose to have the B Sample analyzed even if the Athlete does not requ est the analysis of the B Sample.] |
WAKO Anti-Doping Rules Page 7 of 81 2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document , the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall cons titute an anti -doping rule violation. |
2.1.4 As an e xception to the general rule of Article 2.1, the Prohibited List , International Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Subst ances . |
2.2 Use or Attempt ed Use by an Athlete of a Prohibited Substance or a Prohibited Method 4 2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used . |
Accordingly, it is not necessary that intent, Fault , Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation for Use of a Prohibited Substance or a Prohibited Method . |
2.2.2 The success or fai lure of the Use or Attempted Use of a Prohibite d Substance or Prohibited Method is not material. |
It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti -doping rule violation to be committed.5 4 [Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. |
As noted in the Comme nt to Article 3.2, unlike th e proof required to establish an anti -doping rule violation unde r Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, con clusions drawn from longitud inal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirements to establish “Presence” of a Prohibited Substance under A rticle 2.1. |
For example, U se may be established based upon reliable analytical data from t he analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping Organization provide s a satisfactory explanation for the lack of confirmation in the other Sample.] |
5 [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part. |
The fact that intent may be required to pr ove this particular anti -doping rule violation does not undermin e the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited M ethod. |
An Athlete’s Use of a Prohibited Substance constitutes an anti -doping rule violatio n unless such substance is not prohibited Out -of-Competition and the Athlete’s Use takes place Out -of-Competition. |
(However, the presence of a Prohibited Substance or its Metabolites or Marker s in a Sample collected In -Competition is a violation of Article 2.1 regardless of when that substance might have been administered.)] |
WAKO Anti-Doping Rules Page 8 of 81 2.3 Evading, Refusing o r Failing to Submit to Samp le Collection by an Athlete Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person .6 2.4 Whereabouts Failures by an Athlete Any combination of thr ee (3) missed tests and/or filing failures, as defined in the International Standard for Results Management , within a twelve (12) month period by an Athlete in a Registered Testing Pool. |
2.5 Tampering or Attempted Tampering with any Part of Doping Contro l by an Athlete or Other Person 2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person 2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibite d Method , or Possession by an Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with A rticle 4.4 or other acceptable justification. |
2.6.2 Possession by an Athlete Support Person In -Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete , Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlet e in accordance with Articl e 4.4 or other accepta ble justification. |
7 6 [Comment to Article 2.3: Error! |
Main Document Only. |
For example, it would be an anti -doping ru le violation of “evading Samp le collection” if it were established that an Athlete was delibe rately avoiding a Doping Control official to evade notification or Testing. |
A violation of “failing to submit to Sample collection” may be based on either intentio nal or negligent conduct of t he Athlete, while “evading” or “refusing” Sample collection cont emplates intentional conduct by the Athlete.] |
7 [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or Possessi ng a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.] |
[Comment to Article 2.6.1 and 2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor c arrying Prohibited Substances or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine auto -injector), or (b) an Athlete Possessing a Pro hibited Substance or Prohibit ed Method for therapeutic reasons shortly prior to appl ying for and receiving a determination on a TUE.] |
WAKO Anti-Doping Rules Page 9 of 81 2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person 2.8 Administration or Attempt ed Administration by an Athlete or Other Person to any Athle te In-Competition of any Prohibited Substance or Prohibited Method , or Administration or Attempted Administration to any Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method that is Prohibited Out-of-Competition 2.9 Complicity or Attempted Complicity by an Athlete or Other Person Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity or Attempted complicity involving an anti -doping rule violation , Attempted anti-doping rul e violation or violation of Article 10.14.1 by another Person .8 2.10 Prohibited Association by an Athlete or Other Person 2.10.1 Association by an Athlete or other Person subject to the authority of an Anti-Doping Organizatio n in a professional or spor t-related capacity with any Athlete Support Person who: 2.10.1.1 If subject to the authority of an Anti-Doping Organization , is serving a period of Ineligibility ; or 2.10.1.2 If not subject to the authority of an Anti-Doping Organization and where Ineligibility has not been addressed in a Results Management process pursuant to the Code , has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a v iolation of anti -doping rul es if Code -compliant rules had been applicable to such Person. |
The disqualifying status of such Person shall be in force for the longer of six (6) years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or 2.10.1.3 Is serving as a front or intermediary for an individual described in Article 2.10.1.1 or 2.10.1.2. |
2.10.2 To establish a violation of Article 2.10, an Anti-Doping Organization must establish that the Athlete or other Person knew of the Athlete Support Person’ s disqualifying status. |
The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 8 [Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.] |
WAKO Anti-Doping Rules Page 10 of 81 or 2.10.1.2 is not in a professi onal or sport -related capacity and/or that such association could not have been reasonably avoided. |
Anti-Doping Organizations that are aware of Athlete S upport Personnel who meet the criteria described in Article 2.10.1.1, 2.10 .1.2, or 2.10.1.3 shall sub mit that information to WADA .9 2.11 Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities Where such conduct does not otherwise constitute a violation of Article 2.5: 2.11.1 Any act w hich threatens or seeks to intimidate another Person with the intent of discouraging the Person from the good -faith reporting of information that relates to an alleged anti -doping rule violation or alleged non -compliance with the Code to WADA , an Anti-Doping Organization , law enforc ement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization . |
2.11.2 Retaliation against a Person who, in good faith, has provided evidence or i nformation that relates to an alleged anti -doping rule violation or alleged non -compliance with the Code to WADA , an Anti-Doping Organization , law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization . |
For purposes of Article 2.11, retaliation, threatening and intimidation include an act taken against such Person either because the act lacks a good faith basis or is a disproportionate response.10 9 [Comment to Article 2.10: A thletes and other Persons must not work with coaches, t rainers, physicians or other Athlete Support Personnel who are Ineligible on account of an anti -doping rule violation or who have been criminally convicted or professiona lly disciplined in relation to doping. |
This also prohibits association with any other Athlete who is acting as a coach or Athlete Support Person while serving a period of Ineligibility. |
Some examples of the types of association which are prohibited include : obtaining training, strategy, technique, nutrition or medical advice; obtaining ther apy, treatment or prescriptions; providing any bodily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative. |
Prohibited ass ociation need not involve any f orm of compensation. |
While Article 2.10 does not requi re the Anti -Doping Organization to notify the Athlete or other Person about the Athlete Support Person’s disqualifying status, such notice, if provided, would be importan t evidence to establish that th e Athlete or other Person knew about the disqualifying status of the Athlete Support Person.] |
10 [Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect Perso ns who knowingly make false rep orts.] |
[Comment to Article 2.11.2: Retaliation would i nclude, for example, actions that threaten the physical or mental well -being or economic interests of the reporting Persons, their families or associates. |
Retaliation would not include an Anti -Doping O rganization asserting in good faith an anti -doping rule violation against the reporting Person. |
For purposes of Article 2.11, a report is not made in good faith where the Person making the report knows the report to be false. ] |
WAKO Anti-Doping Rules Page 11 of 81 Article 3 Proof of doping 3.1 Burdens and Standards of Proof WAKO shall have the burden of establishing that an anti -doping rule violation has occurred. |
The standard of proof shall be whether WAKO has established an anti -doping rule violation to the comfortable sat isfaction of the hearing pa nel bearing in mind the seriousness of the allegation which is made. |
This standard of proof in all cases is greater than a mere balance of probability but less t han proof beyond a reasonable doubt. |
Where these Anti -Doping Rules p lace the burden of proof up on the Athlete or other Person alleged to have committed an anti -doping rule violation to rebut a presumption or establish specified facts or circumstances, exce pt as provided in Articles 3.2.2 and 3.2.3, the standard of proof sh all be by a balance of prob ability.11 3.2 Methods of Establishing Facts and Presumptions Facts related to anti -doping rule violations may be established by any reliable means, including admissions.12 The following rules of proof shall be applicable in dop ing cases: 3.2.1 Analytic al methods or Decision Limits approved by WADA after consultation within the relevant scientific community or which have been the subject of peer review are presumed to be scientifically valid. |
Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met o r to rebut this presumption of scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. |
The initia l hearing body, appellate b ody or CAS, on its own initiative, may also in form WADA of any such challenge. |
Within ten (10) days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a pa rty, appear as amicus curia e or otherwise provide evidence in such procee ding. |
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