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AD-23: Interpretation of the Code ................................................................ 28Art. |
AD-24: Final Provisions ...................................................................... 29Art. |
: Appendix AD-1 - Definitions ................................................................... 29Art. |
: Appendix AD-2 - Comments .................................................................. 33Book 6Anti-Doping RulesINTRODUCTIONPrefaceThese Anti-Doping Rules are adopted and implemented in accordance with World Archery's responsibilities under the Code, and infurtherance of World Archery'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 rulesin a global and harmonized manner, they are distinct in nature from criminal and civil laws. |
They are not intended to be subject to orlimited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to beapplied in a manner which respects the principles of proportionality and human rights. |
When reviewing the facts and the law of agiven case, all courts, arbitral tribunals and other adjudicating bodies should be aware 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 stakeholdersaround the world as to what is necessary to protect and ensure fair sport.As provided in the Code, World Archery shall be responsible for conducting all aspects of Doping Control. |
Any aspect of DopingControl or anti-doping Education may be delegated by World Archery to a Delegated Third Party, such as the International TestingAgency (ITA), however, World Archery shall require the Delegated Third Party to perform such aspects in compliance with the Code,International Standards, and these Anti-Doping Rules.When World Archery delegates its responsibilities to implement part or all of Doping Control to the ITA or to other Delegated ThirdParty, any reference to World Archery in these Rules should be intended and understood as a reference to the ITA or to the otherDelegated Third Party, where applicable and within the context of the aforementioned delegation.World Archery shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with theCode.Italicized terms in these Anti-Doping Rules are in Appendix 1.Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Rules (articles are marked as AD).Fundamental Rationale for the Code and World Archery's Anti-Doping RulesAnti-doping programs are founded on the intrinsic value of sport. |
This intrinsic value is often referred to as "the spirit of sport": theethical pursuit of human excellence through the dedicated 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 excellencewithout the Use of Prohibited Substances and Methods.Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a levelplaying 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 valueswe find in and through sport, including:HealthEthics, fair play and honestyAthletes’ rights as set forth in the CodeExcellence in performanceCharacter and EducationFun and joyTeamworkDedication and commitmentRespect for rules and lawsRespect for self and other ParticipantsCourageCommunity and solidarityThe spirit of sport is expressed in how we play true.Doping is fundamentally contrary to the spirit of sport.Scope of these Anti-Doping RulesThese Anti-Doping Rules shall apply to:(a) World Archery, including its board members, directors, officers and specified employees, and Delegated Third Parties and theiremployees, who are involved in any aspect of Doping Control;(b) each of its National Federations, including their board members, directors, officers and specified employees, and Delegated ThirdParties 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 World Archery, or of any National Federation, or of any memberVersion 2021-01-05 17:15:34 Page 2 / 39or 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 activitiesorganized, convened, authorized or recognized by World Archery, or any National Federation, or by any member or affiliateorganization of any National Federation (including any clubs, teams, associations, or leagues), wherever held;(iii) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractualarrangement, or otherwise, is subject to the authority of World Archery, or of any National Federation, or of any member or affiliateorganization of any National Federation (including any clubs, teams, associations, or leagues), for purposes of anti-doping; To beeligible for participation in International Events, an Athlete or Athlete Support Personnel or other Person must have an World Archerylicense or accreditation issued by his or her National Federation. |
The World Archery license or accreditation will only be issued toAthletes or Athlete Support Personnel or other Persons who have personally signed the consent form as provided by the WorldArchery. |
All forms from Minors must be counter-signed by their legal guardians; and(iv) Athletes who are not regular members of World Archery or of one of its National Federations but who want to be eligible tocompete in a particular International Event or other Events recognized or approved by World Archery.NOTE: These Events may include, without limitation, Events hosted by the National Field Archery Association Foundation; The ASA(Archery Shooter’s Association, The Lancaster Classic and other similar organizations.Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreedto and be bound by these Anti-Doping Rules, and to have submitted to the authority of World Archery to enforce these Anti-DopingRules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 andArticle 13 to hear and determine cases and appeals brought under these Anti-Doping Rules.Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti-Doping Rules, thefollowing 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 Rules applicable to International-Level Athletes (e.g., Testing, TUEs, whereabouts, andResults Management) shall apply to such Athletes:a. |
Athletes who are part of the World Archery Registered Testing Pool and Testing Pool;b. |
Athletes who participate in the following World Archery International Events: World and Continental Championships, the OlympicGames, World Ranking Tournaments, Olympic Qualification Events (Continental Qualifying Tournaments), the Archery Events heldby Major Event Organisations (for example World Games); and any other Event for which World Archery (or it’s respectiveContinental Associations) is the organizer, ruling body or where the WA appoints technical officials. |
A full list of those Events isavailable on the World Archery website in the section dedicated to anti-doping.Version 2021-01-05 17:15:34 Page 3 / 39AD Anti-Doping CodeAD-1Definition of dopingDoping is defined as the occurrence of one or more of the anti-doping rule violations set forth in AD-2.1. |
Presence of a ProhibitedSubstance or its Metabolites or Markers in an Athlete's Sample through AD-2.11. |
Acts by an Athlete or Other Person to Discourage orRetaliate Against Reporting to Authorities of these Anti-Doping Rules.AD-2Anti-doping rule violationsThe purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations. |
Hearings in doping caseswill proceed based on the assertion that one or more of these specific rules have been violated.Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methodswhich have been included on the Prohibited List.The following constitute anti-doping rule violations:AD-2.1Presence of a Prohibited Substance or its Metabolites or Markers in anAthlete's SampleAD-2.1.1It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies. |
Athletes are responsiblefor any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. |
Accordingly, it isnot necessary that intent, Fault, Negligence or knowing Use on the Athlete’s part be demonstrated in order toestablish an anti-doping rule violation under Article 2.1. |
*C2*AD-2.1.2Sufficient proof of an anti-doping rule violation under Article 2.1 is established by any of the following: presence of aProhibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis ofthe B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and the analysis of theAthlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in theAthlete’s A Sample; or where the Athlete’s A or B Sample is split into two (2) parts and the analysis of theconfirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites orMarkers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the splitSample. |
*C3*AD-2.1.3Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a TechnicalDocument, the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in anAthlete’s Sample shall constitute an anti-doping rule violation.AD-2.1.4As an exception to the general rule of Article 2.1, the Prohibited List, International Standards or TechnicalDocuments may establish special criteria for reporting or the evaluation of certain Prohibited Substances.AD-2.2Use or Attempted Use by an Athlete of a Prohibited Substance or a ProhibitedMethod *C4*AD-2.2.1It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no ProhibitedMethod is Used. |
Accordingly, it is not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s partbe demonstrated in order to establish an anti-doping rule violation for Use of a Prohibited Substance or a ProhibitedMethod.AD-2.2.2The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. |
Itis sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed. |
*C5*AD-2.3Evading, Refusing or Failing to Submit to Sample Collection by an AthleteEvading Sample collection; or refusing or failing to submit to Sample collection without compelling justification afternotification by a duly authorized Person. |
*C6*AD-2.4Whereabouts Failures by an AthleteAny combination of three (3) missed tests and/or filing failures, as defined in the International Standard for ResultsManagement, within a twelve (12) month period by an Athlete in a Registered Testing Pool.AD-2.5Tampering or Attempted Tampering with any Part of Doping Control by anVersion 2021-01-05 17:15:34 Page 4 / 39Athlete or Other PersonAD-2.6Possession of a Prohibited Substance or a Prohibited Method by an Athlete orAthlete Support PersonAD-2.6.1Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by anAthlete 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 Article 4.4 or other acceptable justification.AD-2.6.2Possession by an Athlete Support Person In-Competition of any Prohibited Substance or any Prohibited Method, orPossession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Methodwhich is prohibited Out-of-Competition in connection with an Athlete, Competition or training, unless the AthleteSupport Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance withArticle 4.4 or other acceptable justification. |
*C7*AD-2.7Trafficking or Attempted Trafficking in any Prohibited Substance or ProhibitedMethod by an Athlete or Other PersonAD-2.8Administration or Attempted Administration by an Athlete or Other Person toany Athlete In-Competition of any Prohibited Substance or Prohibited Method,or Administration or Attempted Administration to any Athlete Out-of-Competition of any Prohibited SubsAD-2.9Complicity or Attempted Complicity by an Athlete or Other PersonAssisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity or Attemptedcomplicity involving an anti-doping rule violation, Attempted anti-doping rule violation or violation of Article 10.14.1 byanother Person. |
*C8*AD-2.10Prohibited Association by an Athlete or Other PersonAD-2.10.1Association by an Athlete or other Person subject to the authority of an Anti-Doping Organization in a professionalor sport-related capacity with any Athlete Support Person who:AD-2.10.1.1 If subject to the authority of an Anti-Doping Organization, is serving a period of Ineligibility; orAD-2.10.1.2 If not subject to the authority of an Anti-Doping Organization and where Ineligibility has not beenaddressed in a Results Management process pursuant to the Code, has been convicted or found in acriminal, disciplinary or professional proceeding to have engaged in conduct which would haveconstituted a violation of anti-doping rules 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 professionalsanction imposed; orAD-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.AD-2.10.2To establish a violation of Article 2.10, an Anti-Doping Organization must establish that the Athlete or other Personknew 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 Persondescribed in Article 2.10.1.1 or 2.10.1.2 is not in a professional or sport-related capacity and/or that suchassociation could not have been reasonably avoided.Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article2.10.1.1, 2.10.1.2, or 2.10.1.3 shall submit that information to WADA. |
*C9*AD-2.11Acts by an Athlete or Other Person to Discourage or Retaliate AgainstReporting to AuthoritiesWhere such conduct does not otherwise constitute a violation of Article 2.5:AD-2.11.1Any act which threatens or seeks to intimidate another Person with the intent of discouraging the Person from thegood-faith reporting of information that relates to an alleged anti-doping rule violation or alleged non-compliancewith the Code to WADA, an Anti-Doping Organization, law enforcement, regulatory or professional disciplinarybody, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization.AD-2.11.2Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged anti-doping rule violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organization, lawVersion 2021-01-05 17:15:34 Page 5 / 39enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation forWADA or an Anti-Doping Organization.For purposes of Article 2.11, retaliation, threatening and intimidation include an act taken against such Personeither because the act lacks a good faith basis or is a disproportionate response. |
*C10*AD-3Proof of dopingAD-3.1Burdens and Standards of ProofWorld Archery shall have the burden of establishing that an anti-doping rule violation has occurred. |
The standard of proofshall be whether World Archery has established an anti-doping rule violation to the comfortable satisfaction of the hearingpanel bearing in mind the seriousness of the allegation which is made. |
This standard of proof in all cases is greater than amere balance of probability but less than proof beyond a reasonable doubt. |
Where these Anti-Doping Rules place the burden ofproof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption orestablish specified facts or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by abalance of probability. |
*C11*AD-3.2Methods of Establishing Facts and PresumptionsFacts related to anti-doping rule violations may be established by any reliable means, including admissions. |
*C12* Thefollowing rules of proof shall be applicable in doping cases:AD-3.2.1Analytical methods or Decision Limits approved by WADA after consultation within the relevant scientificcommunity or which have been the subject of peer review are presumed to be scientifically valid. |
Any Athlete or otherPerson seeking to challenge whether the conditions for such presumption have been met or to rebut this presumptionof scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and thebasis of the challenge. |
The initial hearing body, appellate body or CAS, on its own initiative, may also inform WADAof any such challenge. |
Within ten (10) days of WADA’s receipt of such notice and the case file related to suchchallenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provideevidence in such proceeding. |
In cases before CAS, at WADA’s request, the CAS panel shall appoint an appropriatescientific expert to assist the panel in its evaluation of the challenge. |
*C13*AD-3.2.2WADA-accredited laboratories, and other laboratories approved by WADA, are presumed to have conducted Sampleanalysis and custodial procedures in accordance with the International Standard for Laboratories. |
The Athlete orother Person may rebut this presumption by establishing that a departure from the International Standard forLaboratories occurred which could reasonably have caused the Adverse Analytical Finding.If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the InternationalStandard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding, then WorldArchery shall have the burden to establish that such departure did not cause the Adverse Analytical Finding. |
*C14*AD-3.2.3Departures from any other International Standard or other anti-doping rule or policy set forth in the Code or theseAnti-Doping Rules shall not invalidate analytical results or other evidence of an anti-doping rule violation, and shallnot constitute a defense to an anti-doping rule violation; *C15* provided, however, if the Athlete or other Personestablishes that a departure from one of the specific International Standard provisions listed below could reasonablyhave caused an anti-doping rule violation based on an Adverse Analytical Finding or whereabouts failure, thenWorld Archery shall have the burden to establish that such departure did not cause the Adverse Analytical Findingor the whereabouts failure:(i) a departure from the International Standard for Testing and Investigations related to Sample collection or Samplehandling which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding,in which case World Archery shall have the burden to establish that such departure did not cause the AdverseAnalytical Finding;(ii) a departure from the International Standard for Results Management or International Standard for Testing andInvestigations related to an Adverse Passport Finding which could reasonably have caused an anti-doping ruleviolation, in which case World Archery shall have the burden to establish that such departure did not cause the anti-doping rule violation;(iii) a departure from the International Standard for Results Management related to the requirement to providenotice to the Athlete of the B Sample opening which could reasonably have caused an anti-doping rule violationbased on an Adverse Analytical Finding, in which case World Archery shall have the burden to establish that suchdeparture did not cause the Adverse Analytical Finding; *C16*(iv) a departure from the International Standard for Results Management related to Athlete notification which couldreasonably have caused an anti-doping rule violation based on a whereabouts failure, in which case World Archeryshall have the burden to establish that such departure did not cause the whereabouts failure.AD-3.2.4The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which isnot the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom thedecision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles ofnatural justice.Version 2021-01-05 17:15:34 Page 6 / 39AD-3.2.5The hearing panel in a hearing on an anti-doping rule violation may draw an inference adverse to the Athlete orother Person who is asserted to have committed an anti-doping rule violation based on the Athlete’s or otherPerson’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing(either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing panelor World Archery.AD-4The Prohibited ListAD-4.1Incorporation of the Prohibited ListThese Anti-Doping Rules incorporate the Prohibited List, which is published and revised by WADA as described in Article 4.1of the Code.Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under theseAnti-Doping Rules three (3) months after publication by WADA, without requiring any further action by World Archery or itsNational Federations. |
All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from thedate they go into effect, without further formality. |
It is the responsibility of all Athletes and other Persons to familiarizethemselves with the most up-to-date version of the Prohibited List and all revisions thereto.World Archery shall provide its National Federations with the most recent version of the Prohibited List. |
Each NationalFederation shall in turn ensure that its members, and the constituents of its members, are also provided with the most recentversion of the Prohibited List. |
*C17*AD-4.2Prohibited Substances and Prohibited Methods Identified on the Prohibited ListAD-4.2.1Prohibited Substances and Prohibited MethodsThe Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited asdoping at all times (both In-Competition and Out-of-Competition) because of their potential to enhance performancein future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only. |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substances andProhibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specificreference to a particular substance or method. |
*C18*AD-4.2.2Specified Substances or Specified MethodsFor purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except asidentified on the Prohibited List. |
No Prohibited Method shall be a Specified Method unless it is specifically identifiedas a Specified Method on the Prohibited List. |
*C19*AD-4.2.3Substances of AbuseFor purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which arespecifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in societyoutside of the context of sport.AD-4.3WADA’s Determination of the Prohibited ListWADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, theclassification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times orIn-Competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance ofAbuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, anychallenge based on an argument that the substance or method was not a masking agent or did not have the potential toenhance performance, represent a health risk or violate the spirit of sport.AD-4.4Therapeutic Use Exemptions (“TUEs”)AD-4.4.1The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possessionor Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not beconsidered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance withthe International Standard for Therapeutic Use Exemptions.AD-4.4.2TUE ApplicationsAD-4.4.2.1 Athletes who are not International-Level Athletes shall apply to their National Anti-Doping Organizationfor a TUE. |
If the National Anti-Doping Organization denies the application, the Athlete may appealexclusively to the national-level appeal body described in Article 13.2.2.AD-4.4.2.2 Athletes who are International-Level Athletes shall apply to World Archery.AD-4.4.3TUE Recognition *C20*Version 2021-01-05 17:15:34 Page 7 / 39AD-4.4.3.1 Where the Athlete already has a TUE granted by their National Anti-Doping Organization pursuant toArticle 4.4 of the Code for the substance or method in question and provided that such TUE has beenreported in accordance with Article 5.5 of the International Standard for Therapeutic Use Exemptions,World Archery will automatically recognize it for purposes of international-level Competition withoutthe need to review the relevant clinical information.However, if the TUE is for beta-blockers, the Athlete must apply to World Archery to recognize thatTUE, in accordance with Article 7 of the International Standard for Therapeutic Use Exemptions. |
If thatTUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions, then WorldArchery must recognize it for purposes of international-level Competition. |
If World Archery considersthat the TUE does not meet those criteria and so refuses to recognize it, World Archery must notify theAthlete and the Athlete’s National Anti-Doping Organization promptly, with reasons. |
The Athlete ortheir National Anti-Doping Organization shall have twenty-one (21) days from such notification to referthe matter to WADA for review in accordance with Article 4.4.7.If the matter is referred to WADA for review, the TUE granted by the National Anti-DopingOrganization remains valid for national-level Competition and Out-of-Competition Testing (but is notvalid for international-level Competition) pending WADA’s decision. |
If the matter is not referred toWADA for review within the twenty-one (21) day deadline, the Athlete’s National Anti-DopingOrganization must determine whether the original TUE granted by that National Anti-DopingOrganization should nevertheless remain valid for national-level Competition and Out-of-CompetitionTesting (provided that the Athlete ceases to be an International-Level Athlete and does not participate ininternational-level Competition). |
Pending the National Anti-Doping Organization’s decision, the TUEremains valid for national-level Competition and Out-of-Competition Testing (but is not valid forinternational-level Competition)AD-4.4.3.2 If World Archery chooses to test an Athlete who is not an International-Level Athlete, World Archerymust recognize a TUE granted to that Athlete by their National Anti-Doping Organization unless theAthlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of theInternational Standard for Therapeutic Use Exemptions.AD-4.4.4TUE Application Process *C21*AD-4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for thesubstance or method in question, the Athlete must apply directly to World Archery.AD-4.4.4.2 An application to World Archery for grant or recognition of a TUE must be made as soon as possible,save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply. |
Theapplication shall be made in accordance with Article 6 of the International Standard for TherapeuticUse Exemptions as posted on World Archery’s website.AD-4.4.4.3 World Archery has delegated to the ITA the establishment of Therapeutic Use Exemption Committee(“TUEC”) to consider applications for the grant or recognition of TUEs in accordance with theInternational Standard for Therapeutic Use Exemptions.AD-4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevantprovisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unlessexceptional circumstances apply) within no more than twenty-one (21) days of receipt of a completeapplication. |
Where the application is made in a reasonable time prior to an Event, the TUEC must useits best endeavors to issue its decision before the start of the Event.AD-4.4.4.5 The TUEC decision shall be the final decision of World Archery and may be appealed in accordancewith Article 4.4.7. |
World Archery TUEC decision shall be notified in writing to the Athlete, and toWADA and other Anti-Doping Organizations in accordance with the International Standard forTherapeutic Use Exemptions. |
It shall also promptly be reported into ADAMS.AD-4.4.4.6 4.4.4.6 If World Archery (or the National Anti-Doping Organization, where it has agreed to consider theapplication on behalf of World Archery) denies the Athlete’s application, it must notify the Athletepromptly, with reasons. |
If World Archery grants the Athlete’s application, it must notify not only theAthlete but also their National Anti-Doping Organization. |
If the National Anti-Doping Organizationconsiders that the TUE granted by World Archery does not meet the criteria set out in the InternationalStandard for Therapeutic Use Exemptions, it has twenty-one (21) days from such notification to refer thematter to WADA for review in accordance with Article 4.4.7.If the National Anti-Doping Organization refers the matter to WADA for review, the TUE granted byWorld Archery remains valid for international-level Competition and Out-of-Competition Testing (but isnot valid for national-level Competition) pending WADA’s decision. |
If the National Anti-DopingOrganization does not refer the matter to WADA for review, the TUE granted by World Archerybecomes valid for national-level Competition as well when the twenty-one (21) day review deadlineexpires.AD-4.4.5Retroactive TUE ApplicationsIf World Archery chooses to collect a Sample from an Athlete who is not an International-Level Athlete or a National-Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, WorldArchery must permit that Athlete to apply for a retroactive TUE.AD-4.4.6Expiration, Withdrawal or Reversal of a TUEAD-4.4.6.1 A TUE granted pursuant to these Anti-Doping Rules: (a) shall expire automatically at the end of anyVersion 2021-01-05 17:15:34 Page 8 / 39term for which it was granted, without the need for any further notice or other formality; (b) will bewithdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by theTUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined thatthe criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or onappeal.AD-4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession orAdministration of the Prohibited Substance or Prohibited Method in question in accordance with theTUE prior to the effective date of expiry, withdrawal, or reversal of the TUE. |
The review pursuant toArticle 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding,reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whethersuch finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date,in which event no anti-doping rule violation shall be asserted.AD-4.4.7Reviews and Appeals of TUE DecisionsAD-4.4.7.1 WADA must review World Archery’s decision not to recognize a TUE granted by the National Anti-Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti-DopingOrganization. |
In addition, WADA must review World Archery’s decision to grant a TUE that is referredto WADA by the Athlete’s National Anti-Doping Organization. |
WADA may review any other TUEdecisions at any time, whether upon request by those affected or on its own initiative. |
If the TUE decisionbeing reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions,WADA will not interfere with it. |
If the TUE decision does not meet those criteria, WADA will reverse it. |
*C22*AD-4.4.7.2 Any TUE decision by World Archery (or by a National Anti-Doping Organization where it has agreed toconsider the application on behalf of World Archery) that is not reviewed by WADA, or that is reviewedby WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s NationalAnti-Doping Organization, exclusively to CAS. |
*C23*AD-4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping Organization and/or World Archery, exclusively to CAS.AD-4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application forgrant/recognition of a TUE or for review of a TUE decision shall be considered a denial of theapplication thus triggering the applicable rights of review/appeal.AD-5Testing and InvestigationsAD-5.1Purpose of Testing and Investigations *C24*AD-5.1.1Testing and investigations may be undertaken for any anti-doping purpose. |
They shall be conducted in conformitywith the provisions of the International Standard for Testing and Investigations.AD-5.1.2Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 (Presenceof a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample) or Article 2.2 (Use or AttemptedUse by an Athlete of a Prohibited Substance or a Prohibited Method).AD-5.2Authority to TestAD-5.2.1Subject to the limitations for Event Testing set out in Article 5.3, World Archery shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti-Doping Rules (Section“Scope of these Anti-Doping Rules”).AD-5.2.2World Archery may require any Athlete over whom it has Testing authority (including any Athlete serving a period ofIneligibility) to provide a Sample at any time and at any place. |
*C25*AD-5.2.3WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code.AD-5.2.4If World Archery delegates or contracts any part of Testing to a National Anti-Doping Organization directly orthrough a National Federation, that National Anti-Doping Organization may collect additional Samples or direct thelaboratory to perform additional types of analysis at the National Anti-Doping Organization’s expense. |
If additionalSamples are collected or additional types of analysis are performed, World Archery shall be notified.AD-5.3Event TestingAD-5.3.1Except as otherwise provided below, only a single organization shall have authority to conduct Testing at EventVenues during an Event Period. |
At International Events (including Events where the Continental Association is theruling body for the Event) , World Archery (or other international organization which is the ruling body for an Eventother than the Continental Association) shall have authority to conduct Testing. |
At National Events, the National Anti-Doping Organization of that country shall have authority to conduct Testing. |
At the request of World Archery (orother international organization which is the ruling body for an Event), any Testing during the Event Period outsideof the Event Venues shall be coordinated with World Archery (or the relevant ruling body of the Event).Version 2021-01-05 17:15:34 Page 9 / 39AD-5.3.2If an Anti-Doping Organization, which would otherwise have Testing authority but is not responsible for initiatingand directing Testing at an Event, desires to conduct Testing of Athletes at the Event Venues during the Event Period,the Anti-Doping Organization shall first confer with World Archery (or other international organization which is theruling body of the Event) to obtain permission to conduct and coordinate such Testing. |
If the Anti-DopingOrganization is not satisfied with the response from World Archery (or other international organization which is theruling body of the Event), the Anti-Doping Organization may, in accordance with the procedures described in theInternational Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determinehow to coordinate such Testing. |
WADA shall not grant approval for such Testing before consulting with andinforming World Archery (or other international organization which is the ruling body for the Event). |
WADA’sdecision shall be final and not subject to appeal. |
Unless otherwise provided in the authorization to conduct Testing,such tests shall be considered Out-of-Competition tests. |
Results Management for any such test shall be theresponsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the rulingbody of the Event. |
*26*AD-5.3.3At World Archery’s International Events, where World Archery is the ruling body, the organizer of the Event and/orthe National Federation must plan for Testing to take place and must ensure that, during the Event, the necessaryfacilities, Sample collection materials and Testing personnel are available, and the Testing procedures are correctlyapplied in accordance with the International Standard for Testing and Investigation and pursuant to instructionsissued by World Archery or the ITA.AD-5.3.4The cost of Testing and Sample analysis is the responsibility of the organizing committee of the Event and/or theNational Federation of the country in which the Event is taking place.AD-5.4Testing RequirementsAD-5.4.1World Archery shall conduct test distribution planning and Testing as required by the International Standard forTesting and Investigations.AD-5.4.2Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness ofthe combined Testing effort and to avoid unnecessary repetitive Testing.AD-5.4.3Selection of Athletes to be testedAD-5.4.3.1 At its International Events, World Archery shall determine the number of tests to be performed which isdetailed in the organisers handbook and part of the organisers agreement.AD-5.5Athlete Whereabouts InformationAD-5.5.1World Archery has established a Registered Testing Pool of those Athletes who are required to provide whereaboutsinformation in the manner specified in the International Standard for Testing and Investigations and who shall besubject to Consequences for Article 2.4 violations as provided in Article 10.3.2. |
World Archery shall coordinate withNational Anti-Doping Organizations to identify such Athletes and to collect their whereabouts information.AD-5.5.2World Archery shall make available through ADAMS a list which identifies those Athletes included in its RegisteredTesting Pool by name. |
World Archery shall regularly review and update as necessary its criteria for includingAthletes in its Registered Testing Pool, and shall periodically (but not less than quarterly) review the list of Athletesin its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria. |
Athletes shallbe notified before they are included in the Registered Testing Pool and when they are removed from that pool. |
Thenotification shall contain the information set out in the International Standard for Testing and Investigations.AD-5.5.3Where an Athlete is included in an international Registered Testing Pool by World Archery and in a nationalRegistered Testing Pool by their National Anti-Doping Organization, the National Anti-Doping Organization andWorld Archery shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in nocase shall an Athlete be required to make whereabouts filings to more than one of them.AD-5.5.4In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered TestingPool shall do the following: (a) advise World Archery of his/her whereabouts on a quarterly basis; (b) update thatinformation as necessary so that it remains accurate and complete at all times; and (c) make himself or herselfavailable for Testing at such whereabouts.AD-5.5.5For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard forTesting and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the InternationalStandard for Results Management, where the conditions set forth in Annex B are met.AD-5.5.6An Athlete in World Archery’s Registered Testing Pool shall continue to be subject to the obligation to comply withthe whereabouts requirements set in the International Standard for Testing and Investigations unless and until (a) theAthlete gives written notice to World Archery that he or she has retired or (b) World Archery has informed him orher that he or she no longer satisfies the criteria for inclusion in World Archery's Registered Testing Pool.AD-5.5.7Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible throughADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article5.2. |
Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively forpurposes of planning, coordinating or conducting Doping Control, providing information relevant to the AthleteBiological Passport or other analytical results, to support an investigation into a potential anti-doping rule violation,or to support proceedings alleging an anti-doping rule violation; and shall be destroyed after it is no longer relevantfor these purposes in accordance with the International Standard for the Protection of Privacy and PersonalVersion 2021-01-05 17:15:34 Page 10 / 39Information.AD-5.5.8World Archery may, in accordance with the International Standard for Testing and Investigations, collectwhereabouts information from Athletes who are not included within a Registered Testing Pool. |
If it chooses to do so,an Athlete’s failure to provide requested whereabouts information on or before the date required by World Archeryor the Athlete’s failure to provide accurate whereabouts information shall result in World Archery elevating theAthlete to World Archery’s Registered Testing Pool.AD-5.6Retired Athletes Returning to CompetitionAD-5.6.1If an International-Level Athlete or National-Level Athlete in World Archery’s Registered Testing Pool retires andthen wishes to return to active participation in sport, the Athlete shall not compete in International Events orNational Events until the Athlete has made himself or herself available for Testing, by giving six (6) months priorwritten notice to World Archery and their National Anti-Doping Organization.WADA, in consultation with World Archery and the Athlete's National Anti-Doping Organization, may grant anexemption to the six (6) month written notice rule where the strict application of that rule would be unfair to theAthlete. |
This decision may be appealed under Article 13.Any competitive results obtained in violation of this Article 5.6.1 shall be Disqualified unless the Athlete canestablish that he or she could not have reasonably known that this was an International Event or a National Event.AD-5.6.2If an Athlete retires from sport while subject to a period of Ineligibility, the Athlete must notify the Anti-DopingOrganization that imposed the period of Ineligibility in writing of such retirement. |
If the Athlete then wishes to returnto active competition in sport, the Athlete shall not compete in International Events or National Events until theAthlete has made himself or herself available for Testing by giving six (6) months prior written notice (or noticeequivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six(6) months) to World Archery and to their National Anti-Doping Organization.AD-5.7Independent Observer ProgramWorld Archery and the organizing committees for World Archery’s Events, as well as the National Federations and theorganizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events.AD-6Analysis of SamplesSamples shall be analyzed in accordance with the following principles:AD-6.1Use of Accredited, Approved Laboratories and Other LaboratoriesAD-6.1.1For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzedonly in WADA-accredited laboratories or laboratories otherwise approved by WADA. |
The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by WorldArchery. |
*C27*AD-6.1.2As provided in Article 3.2, facts related to anti-doping rule violations may be established by any reliable means. |
Thiswould include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited orapproved laboratories.AD-6.2Purpose of Analysis of Samples and DataAD-6.2.1Samples and related analytical data or Doping Control information shall be analyzed to detect ProhibitedSubstances and Prohibited Methods identified on the Prohibited List and other substances as may be directed byWADA pursuant to the monitoring program described in Article 4.5 of the Code, or to assist World Archery inprofiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling,or for any other legitimate anti-doping purpose. |
*C28*AD-6.3Research on Samples and DataSamples, related analytical data and Doping Control information may be used for anti-doping research purposes, although noSample may be used for research without the Athlete's written consent. |
Samples and related analytical data or Doping Controlinformation used for research purposes shall first be processed in such a manner as to prevent Samples and related analyticaldata or Doping Control information being traced back to a particular Athlete. |
Any research involving Samples and relatedanalytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code. |
*C29*AD-6.4Standards for Sample Analysis and ReportingIn accordance with Article 6.4 of the Code, World Archery shall ask laboratories to analyze Samples in conformity with theInternational Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations.Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods notincluded on the standard Sample analysis menu, or as requested by World Archery. |
Results from any such analysis shall beVersion 2021-01-05 17:15:34 Page 11 / 39reported to World Archery and have the same validity and Consequences as any other analytical result. |
*C30*AD-6.5Further Analysis of a Sample Prior to or During Results ManagementThere shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to thetime World Archery notifies an Athlete that the Sample is the basis for an Article 2.1 anti-doping rule violation charge. |
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