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It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or o ther Person would have been caught had he or she not come forward voluntarily.] |
52 [Comment to Article 10.8.1: For example, if WAKO alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid and asserts the applic able period of Ineligibility is f our (4) years, then the Athlete may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation a... |
This resolves the case without any need for a hearing.] |
WAKO Anti-Doping Rules Page 44 of 81 10.8.2 Case Reso lution Agreem ent Where the Athlete or other Person admits an anti -doping rule violation after being confronted with the anti -doping rule violation by WAKO and agrees to Consequences acceptable to WAKO and WADA , at their sole discretion, then: (a) th... |
In each case, howeve r, where this Article is applied, the Athlete or other Person shall serve at least one -half of the agreed -upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition o f a sanction or a Provisi onal Suspension which was subsequ... |
The decis ion by WADA and WAKO to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, th e period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appe al under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, WAKO shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subj ect to a Without Prejudice Agreement .53 10.9 Multiple Violations 10.9.1 Sec... |
WAKO Anti-Doping Rules Page 45 of 81 (ii) twice the period of Ineligibility otherwise applicable to the seco nd anti -doping rule viola tion treated as if it were a first violation. |
, The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the seco nd violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfils the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6 , or involves a violation of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility . |
10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be furth er reduced by the applica tion of Article 10.7. |
10.9.2 An anti -doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. |
In addition, an anti -doping rule violation sanc tioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9. |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Arti cles 10.9.3.2 and 10.9.3.3, an anti -doping rule violation will only be considered a second violati on if WAKO can establish that the Athlete or other Perso... |
If WAKO cannot establish this, the violations shall be considered together as one single first violation, and th e sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggr avating Circumstances . |
Results in all Competitions dating back to the earlier anti -doping rule violation will be Disqualified as prov ided in Article 10.10.54 54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, WAKO discovers facts involving an anti -doping rule violatio n that occurred p... |
WAKO Anti-Doping Rules Page 46 of 81 10.9.3.2 If WAKO establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred twelve (12) months or more before or after the firs t-noticed violation, then the period of I... |
Where this Art icle 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.3 If WAKO establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Cont rol process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand -alone first violation and the period of Ineli gibility ... |
Where this Article 10.9.3.3 is applied, the violations taken together shal l constitute a single vio lation for purposes of Article 10.9.1. |
10.9.3.4 If WAKO est ablishes that a Person has committed a second or third anti -doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violati ons shall run consecutive ly, rather than concurrently. |
10.9.4 Multiple Anti-Doping Rule Violations during Ten (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period in order t o be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which pr oduced the positive Sampl e under Article 9, all other competitive results of the Athlete obta... |
WAKO Anti-Doping Rules Page 47 of 81 10.11 Forfeited Prize Money If WAKO rec overs prize money forfeit ed as a result of an anti -doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete ... |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, exc ept as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person , WAKO or WAKO Doping Hearing ... |
All comp etitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .57 56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on WAKO to take any action to collect forfeited prize money. |
If WAKO elects not to take any ac tion to collect forfeited prize mo ney, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited p rize money as agreed upon by WAKO and its Athletes.] |
57 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organization to discover and develop facts sufficient to establi sh an anti -doping rule violation m ay be lengthy, particularly where the Athlete or other Person has taken affir... |
In these circumstan ces, the flexibility provided in this Article to start the sanction at an earlier date shoul d not be used.] |
WAKO Anti-Doping Rules Page 48 of 81 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by t he Athlete or other Perso n, then the Athlete or other Person shall receive a credit for such period of Provisional Suspension again... |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall recei ve a credit for such peri od of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writ ing from WAKO and thereafter re spects the Provisional Su spension , the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which ma... |
A copy of the Athlete or other Person’s voluntary acceptance of a Provisio nal Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti -doping rule violation under Article 14.1.58 10.13.2.3 No credit against a period of Ineligibility shall be given for any time p eriod... |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Partici pation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Sus... |
58 [Comment to Ar ticle 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.] |
WAKO Anti-Doping Rules Page 49 of 81 An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four ( 4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signat... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by WAKO to provide whereabouts informat ion.59 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other... |
The new period of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Manageme nt led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
59 [Comment to Article 10.14.1: For example, subject to A rticle 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organized by their Natio nal Federation or a club which is a member of that National Federation or which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non -Signatory professional league (e.g., the National Hockey League, the National Basket ball Association, etc. |
), Events organized by a non -Signatory International Event organization or a non -Signatory national -level Event organization without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for exam ple, administrative activities, such as serving as an official, director, officer, employee, o r volunteer of the organization de scribed in this Article. |
Ineligibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automati c Binding Effect of Decisions). |
An Athlete or other Person serving a period of Ineligibility i s prohibited from coaching or serv ing as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also r esult in a violation of Article 2.10 by another Athlete. |
Any performance standard accomplished during a period of Ineligibility shall not be recognized by WAKO or its National Federations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Spor ts and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be rea dy to compete at the end of the Athlete’s period of Ineligibility. |
During the training period described in this Article, an Inel igible Athlete may not compete or engage in any activity described in Article 10.14.1 other th an training.] |
WAKO Anti-Doping Rules Page 50 of 81 An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 sha ll receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified ... |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisi onal Suspension , WAKO shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduce d sanction as described i n Article 10.5 or 10.6, some or all sport -related financial support or other sport -related benefits receiv ed by such Person will be withheld by WAKO and ... |
10.15 Automatic Publication of Sanction A mandator y part of each sanction s hall include automatic publication, as provided in Article 14.3. |
Article 11 Consequences to teams 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports ) has been notified of an anti-doping rule violation u nder Article 7 in connect ion with an Event , the ruling body for the Event shall conduct appropriate Target Testing of all members of the team du... |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition , with all resulting Consequences for the team and its members, including for... |
11.2.2 An ant i-doping rule violation committed by a member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and it s members, including forf eiture of all medals, points and prizes, exc... |
11.2.3 Where an Athlete who is a member of a team co mmitted an anti -doping rule violation during or in connection with one (1) Competition in an WAKO Anti-Doping Rules Page 51 of 81 Event , if the other member(s) o f the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation,... |
Article 12 Sanctions by WAKO against other sporting bodies When WAKO becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Rules within that organization’s or body’s area of competence, WAKO has th... |
12.2 Take additional disciplinary actions with re spect to that organization ’s or body’s recognition, the eligibility of their members to participate in WAKO’s activities, and/or fine that org anization or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other t han viola... |
In such event: (a) all or some group of members of that organization or body may be banned from pa rticipation in any WAKO activities for a period of up to two (2) years and/or (b ) that organization or body may be fined in an amount up to 10000 Euros. |
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Artic le 2.4) are committed in a ddition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization or body during a twe lve (12) month period . |
In such event, that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti -doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount up to 5000_Euros. |
12.2.4 That organization or body has failed to make diligent efforts to keep WAKO informed about an Athlete's whereabouts after receiving a request f or that information from WAKO. |
In such event, that organization or body may be fined in an am ount up to 1000_Euros, per Athlete , in addition to reimbursement of all of the WAKO costs incurred in Testing that organization’s or body’s Athletes . |
WAKO Anti-Doping Rules Page 52 of 81 12.3 Withh old some or all funding or other financial and non -financial support to that organization or body . |
12.4 Oblige that o rganization or body to reimburse WAKO for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated w ith that organization or body. |
Article 13 Results management : appeals 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided i n these Anti -Doping Rules, the Code or the International Standards . |
Such decisions shall remain in effect while under appeal unless the ap pellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issue s relevant to the matter a nd is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same c ause of action or same general facts or circumstances raised or addressed in the first instance hearing.62 13.1.2 CAS Shall Not Defer to the Findings Being A... |
Anti -doping decisions by Anti -Doping Organizations are made transparent in Article 14. |
Specified Persons and organiza tions, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their National Federations, who might be nefit from having another competitor Disqualified.] |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. |
For example, where an At hlete was charged in the first inst ance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.] |
63 [Comment to Article 13. |
1.2: CAS proceedings are de novo. |
P rior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
WAKO Anti-Doping Rules Page 53 of 81 Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within WAKO’s process, WADA may app eal such decision directly to CAS without having to exhaust other remedies in WAKO’s process.64 13.2 Appeals from Decisions Regardin g Ant... |
1.4 and 7.1 .5 of the Code ; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by WAKO not to implement another Anti-Doping Organization’s decision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusi vely as provided in this A rticle 13.2. |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation i n an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In ca... |
64 [Comment to Article 13.1.3: Wher e a decision has been rendered before the final stage of WAKO’s process (for example, a first hear ing) and no party elects to appeal that decision to the next level of WAKO’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in W AKO’s internal process a... |
65 [Comment to Article 13.2.1: CAS decisions are final and binding except for an y review required by law applicable to the annulment or enforcement of arbitral awards.] |
WAKO Anti-Doping Rules Page 54 of 81 The rules for such appeal shal l respect the following principles: a timely hearing; a fair, impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be rep resented by counsel at the Person 's own expense; and a timely, written, reaso... |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable proced ural rules . |
13.2.3 Perso ns Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other part... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the appellate body shall be as provided in the National Anti -Doping Organiza tion's rules but, at a mini mum, shall include the following parties: (a) the Athlete or other Person ... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Commit tee, and WAKO shall also h ave the right to appeal to CAS with respect to the deci sion of the appellate l body. |
WAKO Anti-Doping Rules Page 55 of 81 Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appeale d and the information shall be provided if CAS so direc ts. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3.4 Appeal from Impo sition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal fr om Decisions under Article 12 Decisions by WAKO pursuant to Article 12 may be appealed exclusively to CAS by the National Federation or other body. |
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