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Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under WAKO's disciplinary rules.
20.7 To disclose the identity o f their Athlete Support Personnel upon request by WAKO or a National Federation , or any other Anti-Doping Organization with authority over the Athlete .
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which do es not otherwise constitute Tampering , may result in a charge of misconduct under WAKO's disciplinary rules.
Article 21 Additional roles and responsibilities of Athlete support personnel 21.1 To be knowledgeable of and comply with these Anti -Doping Rules .
21.2 To cooperate with the Athlete Testing program.
21.3 To use their influence on Athlete values and behaviour to foster anti -doping attitudes.
21.4 To disclose to WAKO and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete Support Personnel to cooper ate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under WAKO's disciplinary rules.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Meth od without valid justifi cation.
Any such Use or Possession may result in a charge of misconduct under WAKO's disciplinary rules.
21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Pers onnel , which does not ot herwise constitute Tampering , may result in a charge of misconduct under WAKO's disciplinary rules.
WAKO Anti-Doping Rules Page 68 of 81 Article 22 Additional roles and responsibil ities of other persons subject to these anti -doping rules 22.1 To be knowledgeable of and comply with these A nti-Doping Rules.
22.2 To disclose to WAKO and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
22.3 To cooperat e with Anti-Doping Orga nizations investigating anti -doping rule violations.
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charg e of misconduct under W AKO's disciplinary rules.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge of misconduct under WAKO's disciplinary rules.
Article 23 Interpretation of the Code 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code .
23.3 The Code shall be interp reted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of th e Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise spe cified.
23.6 The Code shall not apply retroact ively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
However, pre -Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purpose s of determining sancti ons under Article 10 for subsequent post -Code violations.
WAKO Anti-Doping Rules Page 69 of 81 23.7 The Purpose, Scope and Organization of the World Anti -Doping Program and the Code and Appendix 1, Definitions, and Appendix 2, Examples of the Application of Article 10 , shall be considered in tegral parts of the Code .
Article 24 Final provisions 24.1 Where the term “days” is used in these Anti -Doping Rules, it shall mean calendar days unless otherwise specified.
24.2 These Anti -Doping Rules shall be interpreted as a n independent and autono mous text and not by reference to existing law or statutes.
24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with appl icable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be cons idered integral parts of these Anti-Doping Rules.
24.5 The c omments annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.
24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”).
They repeal previous versions of WAKO’s Anti -Doping Rules.
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date.
H owever: 24.7.1 Anti-doping rule violations t aking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
24.7.2 Any anti -doping rule violation case which is pe nding as of the Effectiv e Date and any anti -doping rule violation case brought after the Effective Date based on an anti -doping rule violation which occurred prior to the Effective Date, shall be governed by th e substantive anti -doping rules in effect at t he time the alleged anti -doping rule violation occurred, and not by the substantive anti -doping rules set out in these Anti-Doping Rules, unless the panel hearing the case determines the principle of “lex mitio r” appropriately applies under the circumstanc es of the case.
For thes e purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Art icle 16 WAKO Anti-Doping Rules Page 70 of 81 are procedural rules, not substantive rules, and should be app lied retroactively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 16 shall only be applied retroactively if the statute of limit ation period has not already expired by the Ef fective Date).
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test , as those terms are defined in the International Standard for Results Management ) prior to the Effective D ate shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve (12) months after it occurred .
24.7.4 With respect to cases where a final decision finding an anti -doping rule vi olation has been rendere d prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to WAKO or other Anti-Doping Organization which had Results Management responsibilit y for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.
Such application must be mad e before the period of Ineligibility has expired.
The decision rendered may be appealed pursuant to Article 13.2.
These Anti -Doping Rules shall have no application to any case where a final decision finding an anti -doping rule violation has been rendered and the period of Ineligibility has expired.
24.7.5 For purposes of asses sing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had the se Anti -Doping Rules been applicable, shall be applied.74 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactivel y.
As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to WAKO or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period o f Ineligibility in light of the removal of the substanc e or method from the Prohibited List .
74 [Comment to Article 24.
7.5: Other than the situation described in Article 24.
7.5, where a final decision finding an anti -doping rule violation has been rendered prior to t he Effective Date and the period of Ineligibility imposed has been completely served, these Anti -Doping Rules may not be used to re -characterize the prior violation.]
WAKO Anti-Doping Rules Page 71 of 81 APPENDIX 1 Definitions75 ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping oper ations in conjunction with data protection legisl ation.
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibite d Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibi ted Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enha nce sport performance.
Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample the presence of a Prohibited Substan ce or its Metabolites or Markers or evidence of th e Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likely to enjoy the performance -enhancing e ffects of the anti -dopin g rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule viol ation; or the Athlete or other Person engaged i n Tampering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the i mposition of a longer p eriod of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing anal ysis of Samples , gather ing of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other 75 [Comment to Definitions: Defined terms shall includ e their plural and possessive forms , as well as those terms used as other parts of speech.]
WAKO Anti-Doping Rules Page 72 of 81 activities related to anti -doping to be carried o ut by or on beh alf of a n Anti-Doping Organization , as set out in the Code and/or the International Standards .
Anti-Doping Organization : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
T his includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizations that conduct Testing at their Events , International Federations, and National Anti -Doping Organiz ations .
Athle te: Any Person who competes in sport at the international level (as defined by each International Federation) or the national level (as defined by each National Anti -Doping Organization ).
An Anti-Doping Organization has discretion to apply a nti-doping rule s to an Athlete who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “ Athlete ”.
In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organizat ion may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .
However, if an Article 2.1, 2.3 or 2.5 anti -doping rule violation is committed by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti -doping information and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .76 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel : Any c oach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition .
Attempt : Purposely engagin g in conduct tha t constitutes a substan tial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violatio n if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .
76 [Comme nt to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International -Level Athlete, 2) National -Level Athlete, 3) indi viduals who are not International - or National -Level Athletes but over whom the International Federati on or National Anti -Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federatio n or National Anti-Doping Organizat ion has, or has chosen to, exercise authority.
All International - and National -Level Athletes are subject to the anti -doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti -doping rules of the International Federations and National Anti -Doping Organizat ions.]
WAKO Anti-Doping Rules Page 73 of 81 Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provide d by the Intern ational Standard for Lab oratories or related Technical Documents prior to the determination of an Adverse Analytical Finding .
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Stand ards.
CAS : The Court of Arbitration for Sport.
Code : The World Anti -Doping Code .
Competition : A single race, match, game or singular sport contest.
For example, a basketball game or the finals of the Ol ympic 100 -meter race in athletics.
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of WAKO.
Consequences of Anti -Doping Rule Violations (“Consequences ”): An Athlete's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prize s; (b) Ineligibility means the Athlete or other Person is barred on account of an anti -doping rule violation for a specified period of time from particip ating in any Competition or other activity or funding as provided in Article 10.14; (c) Provisional S uspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sa nction imposed for an an ti-doping rule violation or to recover costs associated with an anti -doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notifica tion in accordance with Article 14.
Contaminated Product : A product that contains a Prohibited Subs tance that is not disclosed on the product label or in information available in a reasonable Internet search.
Decision Limit : The value of the result for a threshold substance in a Sample , above which an Adverse Analytical Finding shall be reported, as de fined in the International Standard for Laboratories.
Delegated Third Party : Any Person to which WAKO delegates any aspect of Doping Control or anti -doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti -doping Educational programs for WAKO, or individuals servi ng as independent contra ctors who pe rform Doping Control services for WAKO (e.g., non -WAKO Anti-Doping Rules Page 74 of 81 employee Doping Control officers or chaperones).
This definition does not include CAS.
Disqualification : See Consequences of Anti -Doping Rule Violations above.
Doping C ontrol : All steps and pr ocesses from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to Testing , investigations, whereabou ts, TUEs , Sample collect ion and hand ling, laboratory analysis, Results Management , and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension ).
Education : The process of learning to ins till values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping.
Event : A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, World Champio nships of an Internation al Federation, or Pan American Games).
Event Period : The time between the beginning and end of an Event , as established by the ruling body of the Event .
For WAKO the Event Period refers to the period commencing with the first Compe tition of the Event until the end of the last Competition of the Event .
Event Venues : Those venues so designated by the ruling body for the Event .
For WAKO this refers to the official training venues, Competition venues and accommodation for the Event.
Fault: Fault is any breac h of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing an Athlete’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience , whether the Athle te or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what s hould have been the perceived level of risk.
In assessing the Athlete’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Athlete’s or other Person ’s departure from the expected standard of behavio r. Thus, for example, th e fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility , or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not b e relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.77 Financial Consequences : See Consequences of Anti -Doping Rule Violations above.
77 [Comment to Fault: The criterion for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no redu ction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
WAKO Anti-Doping Rules Page 75 of 81 In-Competition : The period commencing at 11:59 p.m. on the day bef ore a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .78 Independent Observer Program : A team of observers and/or auditors, under the supervisi on of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
Individual Sport : Any sport that is not a Team Sport .
Ineligib ility: See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management .