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They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Man agement . |
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an Interna tional Federation, a Major Event Organization , or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event . |
International -Level Athlete : Athletes who compete in sport at the international level, as defined by eac h International Federation, consistent with the International Standard for Testing and Investigations. |
For the sport of Kickboxing, International -Level Athletes are defined as set out in the Scope section of the Introduction to thes e Anti -Doping Rules.79 International Standard : A standard adopted by WADA in support of the Code . |
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the proced ures addressed by the International Standard were performed properly. |
International Standards shall include any Technical Documents issued pursuant to the International Standard . |
78 [Comment to In -Competi tion: Having a univ ersally accepted definition for In -Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In -Competition Testing, avoids inadvertent Ad verse Analytical Fi ndings in betwee n Competitions during an Event and assists in preventing any potential performance enhancement benefits from substances prohibited Out -of-Competition being carried over to the Competition period.] |
79 [Comment to Internat ional -Level Athlete : Consistent wit h the International Standard for Testing and Investigations, WAKO is free to determine the criteria it will use to classify Athletes as International -Level Athletes, e.g., by ranking, by participation in particula r Intern ational Events, by type of license, etc. |
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International -Level Athletes. |
For example, if the crit eria include participation in certa in International Events, then the International Federation must publish a list of those International Events.] |
WAKO Anti-Doping Rules Page 76 of 81 Major Event Organizations : The continental associations of National Olympic Committees and other int ernational multi -sport organizations that function as the ruling body for any continental, regional or other International Event . |
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohib ited Substance or Prohibi ted Method . |
Metabolite : Any substance produced by a biotransformation process. |
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredi ted laboratories should n ot report that Sample as an Adverse Analytical Finding . |
Minor : A natural Person who has not reached the age of eighteen (18) years. |
National Anti -Doping Organization : The entity(ies) designated by each country as possess ing the primary authority and res ponsibility to adopt and implement anti -doping rules, direct the collection of Samples , manage of test results and conduct Results Management at the national level. |
If this designation has not been made by the competent pub lic auth ority(ies), the entity sh all be the country’s National Olympic Committee or its designee. |
National Event : A sport Event or Competition involving International - or National -Level Athletes that is not an International Event . |
National Federation [or differ ent title if applicable t o your sport]: A national or regional entity which is a member of or is recognized by WAKO as the entity governing WAKO's sport in that nation or region. |
National -Level Athlete : Athletes who compete in sport a t the national level, as defined by each Natio nal Anti -Doping Organization , consistent with the International Standard for Testing and Investigations. |
National Olympic Committee : The organization recognized by the International Olympic Committee. |
The term National Olympic Com mittee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -doping area. |
No Fault or Negligence : The Athlete or other Person's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibi ted Method or otherwise violate d an anti -doping rule . |
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system . |
No Significant Fault or Negligence : The Athlete or other Person's establishing that any Fault or Negligence , when viewed in the totality of the circumstances and taking into WAKO Anti-Doping Rules Page 77 of 81 account the criteria for No Fault or Negligence , was not significant in relationship to the anti-doping rule violation. |
Exc ept in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system. |
Operational Independence : This means that (1) board members, staf f members, commission mem bers, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre -adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberatio n process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti-Doping Organization or any third party. |
The objective is to ensure that members of the hearing panel or indivi duals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed wi th, the case. |
Out-of-Competition : Any period which is not In-Competition . |
Participant : Any Athlete or Athlete Support Perso n. Person : A natural Person or an organization or other entity. |
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it. |
Provided, however, there shall be no anti -doping rule vi olation based solely on Possession if, prior to receiving notification of any kind th at the Person has committed an anti -doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to ha ve Possession and has ren ounced Possession by explicitly declaring it to an Anti-Doping Organization . |
Notwiths tanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohib ited Method constitutes Possession by the Person who makes the purchase.80 80 [Comment to Possession : Under this definition, anabolic steroids found in an Athlete's car would co nstitute a violation unless the Athlete est ablishes that someone else used the car; in that event, WAKO must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and intended to h ave cont rol over them. |
Similarly, in the ex ample of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, WAKO must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlet e intend ed to exercise control over them. |
T he act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third party address. |
WAKO Anti-Doping Rules Page 78 of 81 Prohibited List : The List identifying the Prohibited Substances and Prohibited Methods . |
Prohibited Method : Any method so described on the Prohibited List . |
Prohibited Substance : Any substance, or class of s ubstances, so described on the Prohibited List . |
Protected Perso n: An Athlete or other natural Person who at the time of the anti -doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached t he age of eighteen (18) ye ars and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable nationa l legislation.81 Provisio nal Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.82 Provi sional Suspension : See Consequences of Anti -Doping Rule Violations above. |
Publicly Disclose : See Consequences of Anti -Doping Rule Violations above. |
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organizatio n; provided, however, t he term shall not include any Person who, within the five (5) years prior to committing any anti -doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the Internat ional Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or ha s been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti -Doping Organization .83 81 [Comment to Prot ected Pe rson: The Code treats Protected Per sons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may not possess the mental capacit y to und erstand and appreciate the prohibit ions against conduct contained in the Code. |
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment. |
The term “open category” is meant to ex clude co mpetition that is limited to junior or age group categories.] |
82 [Comment to Provisional Hearing : A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. |
Following a Provisional Hearing, the At hlete remains entitled to a subsequ ent full hearing on the merits of the case. |
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.] |
83 [Comment to Recreationa l Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories.] |
WAKO Anti-Doping Rules Page 79 of 81 Regional Anti -Doping Organization : A regional entity des ignated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which may include the adoption and implementation of anti -doping rules, t he planning and collection of Samples , the management of results, the revi ew of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level. |
Registered Testing Pool : The pool of highest -priority Athletes established separately at the international level by International Federations and at the nati onal level by National Anti-Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required t o provide whereabouts information as provided in Article 5.5 and the International Standard for Testing and Investigations . |
Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management , or in c ertain cases (e.g., Atypical Finding , Athlete Biological Passport , whereabouts failure), such p re-notification steps expressly provided for in Article 5 of the International Standard for Results Management , through the charge unt il the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appe al was lodged). |
Sample or Specimen : Any biological material collected for the purposes of Doping Control .84 Signatories : Those entiti es accepting the Code and a greeing to implement the Code , as provided in Article 23 of the Code . |
Specified Method : See Article 4.2.2. |
Specified Substance : See Article 4.2.2. |
Strict Liability : The rule which provides that under Article 2.1 and Article 2 .2, it is not necessary tha t intent, Fault , Negligence , or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti -doping rule violation. |
Substance of Abuse : See Article 4.2.3. |
Substantial Assistan ce: For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or recorded interview all information he or she possesses in relation to anti -doping rule violations or other proceeding described in Article 10.7.1 .1, and 84 [Comment to Sample or Specimen : It has sometimes been claimed that the collection of blood Samples violat es the tenets of certain re ligious or cultural groups. |
It has been determined that there is no basis for any such claim.] |
WAKO Anti-Doping Rules Page 80 of 81 (2) fully cooperate with the investigation and adjudic ation of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organizatio n or hearing panel. |
Further , the information provided must be credible and must comprise a n important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proc eeding could have been brought. |
Tampering : Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods . |
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample , affecting or making impossible the analysis of a Sample , falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false t estimony from witnesses, co mmitting any other fraudulent act upon the Anti-Doping O rganization or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control .85 Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations. |
Team Sport : A sport in which the substitution of players is permitted during a Competition . |
Technical Document : A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti -doping topics as set forth in an International Standard . |
Testing : The parts of the Doping Control process involving test dist ribution planning, Sample collection, Sample handling, and Sample transport to the laboratory. |
Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required i n order to locate and Test the Athlete Out-of-Competition . |
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to Use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Ar ticle 4.4 and the Internati onal Standard for Therapeutic Use Exemptions are met. |
85 [Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or in timidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process. |
Tampering inc ludes misconduct which occurs durin g the Results Management process. |
See Article 10.9.3.3. |
However , actions taken as part of a Person's legitimate defense to an anti -doping rule violation charge shall not be considered Tampering. |
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise cons titute Tampering shall be addressed in the disciplinary rules of sport organizations.] |
WAKO Anti-Doping Rules Page 81 of 81 Trafficking : Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either phys ically or by any electronic or other means) by an Athlete , Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unles s the circumstances as a who le demonstrate such Prohibited Substances are not intended for gen uine and legal therapeutic purposes or are intended to enhance sport performance. |
UNESCO Convention : The International Convention against Doping in Sport adopte d by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and al l amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport. |
Use: The util ization, application, ingest ion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method . |
WADA : The World Anti -Doping Agency. |
Without Prejudice Agreement : For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time -limited setting with the understanding that, if an agreem ent for Substantial Assistance or a ca se resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results Mana gement proceeding under the Code , and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under th e Code . |
Such an agreement sh all not preclude the Anti-Doping Organization , Athlete or other Person from using any information or evidence gathered from any source other than during the specific time -limited setting described in the agreement. |
Book 6Anti-Doping RulesAD Anti-Doping Code ......................................................................... 4Art. |
AD-1: Definition of doping ...................................................................... 4Art. |
AD-2: Anti-doping rule violations .................................................................. 4Art. |
AD-3: Proof of doping ........................................................................ 6Art. |
AD-4: The Prohibited List ...................................................................... 7Art. |
AD-5: Testing and Investigations ................................................................. 9Art. |
AD-6: Analysis of Samples .................................................................... 11Art. |
AD-7: Results Management: responsibility, initial review, notice and Provisional Suspensions .......................... 12Art. |
AD-8: Results Management: right to a fair hearing and notice of hearing decision .................................. 14Art. |
AD-9: Automatic Disqualification of individual results .................................................... 15Art. |
AD-10: Sanctions on individuals ................................................................. 15Art. |
AD-11: Consequences to teams ................................................................. 21Art. |
AD-12: Sanctions by World Archery against other sporting bodies ........................................... 21Art. |
AD-13: Results Management: Appeals *C61* ........................................................ 22Art. |
AD-14: Confidentiality and reporting .............................................................. 23Art. |
AD-15: Implementation of decisions .............................................................. 26Art. |
AD-16: Statute of limitations ................................................................... 27Art. |
AD-17: Education .......................................................................... 27Art. |
AD-18: Additional roles and responsibilities of national federations ........................................... 27Art. |
AD-19: Additional roles and responsibilities of World Archery .............................................. 27Art. |
AD-20: Additional roles and responsibilities of Athletes .................................................. 28Art. |
AD-21: Additional roles and responsibilities of Athlete support personnel ....................................... 28Art. |
AD-22: Additional roles and responsibilities of other persons subject to these Anti-Doping Rules ........................ 28Art. |
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