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If aftersuch notification World Archery wishes to conduct additional analysis on that Sample, it may do so with the consent of theAthlete or approval from a hearing body.AD-6.6Further Analysis of a Sample After it has been Reported as Negative or hasOtherwise not Resulted in an Anti-Doping Rule Violation ChargeAfter a ... |
Any other Anti-DopingOrganization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with thepermission of the Anti-Doping Organization that initiated and directed Sample collection or WADA, and shall be responsiblefor any follow-up Results Management. |
Any Sample storage or further analysis initiated by WADA or another Anti-DopingOrganization shall be at WADA’s or that organization's expense. |
Further analysis of Samples shall conform with therequirements of the International Standard for Laboratories.AD-6.7Split of A or B SampleWhere WADA, an Anti-Doping Organization with Results Management authority, and/or a WADA-accredited laboratory (withapproval from WADA or the Anti-Doping Organization with Results Ma... |
Upon request by WADA, thelaboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enableWADA to take physical possession of the Sample or data. |
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. |
Afteranalysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organization with authorityto test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violationis discovered. |
*C31*AD-7Results Management: responsibility, initial review, notice andProvisional SuspensionsResults Management under these Anti-Doping Rules establishes a process designed to resolve anti-doping rule violation matters in a fair,expeditious and efficient manner.AD-7.1Responsibility for Conducting Results ManagementAD-... |
If World ArcheryVersion 2021-01-05 17:15:34 Page 12 / 39determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS, where it willbe made available to other relevant Anti-Doping Organizations.AD-7.1.5Other circumstances in which World Archery shall take responsibility for conduc... |
If World Archeryrefuses to conduct Results Management within a reasonable deadline set by WADA, such refusal shall be consideredan act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athleteor other Person, that is willing to do so, to take Results Management responsibili... |
In such case,World Archery shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be consideredan act of non-compliance.AD-7.2Review and Notification Regarding Potential Anti-Dopi... |
In circumstances whereVersion 2021-01-05 17:15:34 Page 13 / 39the Athlete (or the Athlete's team has been removed from an Event based on a violation of Article 2.1 and thesubsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete orteam to be reinserted, without ot... |
*C33*AD-7.6Notification of Results Management DecisionsWorld Archery shall notify Athletes, other Persons, Signatories and WADA of Results Management decisions as provided inArticle 14.2 and in the International Standard for Results Management.AD-7.7Retirement from Sport *C34*If an Athlete or other Person retires while... |
If an Athlete or other Person retires before any ResultsManagement process has begun, and World Archery would have had Results Management authority over the Athlete or otherPerson at the time the Athlete or other Person committed an anti-doping rule violation, World Archery has authority to conductResults Management.AD... |
The procedural rules of the CAS ADD pertaining to the hearing of the first instance shall apply*C35*. |
The CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within areasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code andthe International Standard for Results Management.AD-8.1.2Hearing ProcessAD-8.1.2.1 When World Archery s... |
*C36*AD-8.1.2.3 WADA, the National Federation and the National Anti-Doping Organization of the Athlete or otherPerson may attend the hearing as observers. |
In any event, World Archery shall keep them fully apprisedas to the status of pending cases and the result of all hearings.AD-8.2Notice of DecisionsAD-8.2.1At the end of the hearing, or promptly thereafter, the CAS ADD shall issue a written decision that conforms withArticle 9 of the International Standard for Results ... |
The decision may be appealed asprovided in Article 13.Version 2021-01-05 17:15:34 Page 14 / 39AD-8.3Waiver of HearingAD-8.3.1An Athlete or other Person against whom an anti-doping violation is asserted may admit that violation at any time,waive a hearing and accept the Consequences proposed by World Archery.AD-8.3.2How... |
Instead WorldArchery shall promptly issue a written decision that conforms with Article 9 of the International Standard for ResultsManagement and which includes the full reasons for the decision, the period of Ineligibility imposed, theDisqualification of results under Article 10.10 and, if applicable, a justification ... |
World Archery shall PubliclyDisclose that decision in accordance with Article 14.3.2.AD-8.4Single Hearing Before CASAnti-doping rule violations asserted against International-Level Athletes, National-Level Athletes or other Persons may, withthe consent of the Athlete or other Person, World Archery (where it has Results... |
*C37*AD-9Automatic Disqualification of individual resultsAn anti-doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of theresult obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes. |
*C38*AD-10Sanctions on individualsAD-10.1Disqualification of Results in the Event during which an Anti-Doping RuleViolation OccursAD-10.1.1An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the rulingbody of the Event, lead to Disqualification of all of the Athlete's... |
*C39*AD-10.1.2If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual resultsin the other Competitions shall not be Disqualified, unless the Athlete's results in Competitions other than theCompetition in which the anti-doping rule violation occurred were likely... |
*C40*AD-10.2.1.2 The anti-doping rule violation involves a Specified Substance or a Specified Method and World Archerycan establish that the anti-doping rule violation was intentional.AD-10.2.2If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years.AD-10.2.3As u... |
An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional” if the substance is a Specified Substance and theAthlete can establish that the Prohibited Substance was Used Out-of-Competition. |
An anti-doping rule violationresulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not beVersion 2021-01-05 17:15:34 Page 15 / 39considered “intentional” if the substance is not a Specified Substance and the Athlete can establish that theProhibited Substance was Used... |
*C41*AD-10.2.4Notwithstanding any other provision in Article 10.2, where the anti-doping rule violation involves a Substance ofAbuse:AD-10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated tosport performance, then the period of Ineligibility shall be three (3) m... |
The period of Ineligibility established in this Article 10.2.4.1 is not subjectto any reduction based on any provision in Article 10.6. |
*C42*AD-10.2.4.2 If the ingestion, Use or Possession occurred In-Competition, and the Athlete can establish that thecontext of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Useor Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provid... |
The flexibility between two (2) years and one(1) year of Ineligibility in this Article is not available to Athletes where a pattern of last-minute whereabouts changesor other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing.AD-10.3.3For violations of Article 2.7 or 2.8... |
An Article 2.7 or Article 2.8 violation involving aProtected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnelfor violations other than for Specified Substances, shall result in lifetime Ineligibility for Athlete Support Personnel.In addition, significant violati... |
*C43*AD-10.3.4For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetimeIneligibility, depending on the seriousness of the violation.AD-10.3.5For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to amini... |
*C44*AD-10.3.6For violations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetimeIneligibility, depending on the seriousness of the violation by the Athlete or other Person. |
*C45*AD-10.4Aggravating Circumstances which may Increase the Period of IneligibilityIf World Archery establishes in an individual case involving an anti-doping rule violation other than violations under Article2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity)... |
*C46*AD-10.5Elimination of the Period of Ineligibility where there is No Fault or NegligenceIf an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwiseapplicable period of Ineligibility shall be eliminated. |
*C47*AD-10.6Reduction of the Period of Ineligibility based on No Significant Fault orNegligenceAD-10.6.1Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6.All reductions under Article 10.6.1 are mutually exclusive and not cumulative.Version 2021-01-05 17:15:34 Page 16 / 39AD-10... |
*C48*AD-10.6.1.3 Protected Persons or Recreational AthletesWhere the anti-doping rule violation not involving a Substance of Abuse is committed by a ProtectedPerson or Recreational Athlete, and the Protected Person or Recreational Athlete can establish NoSignificant Fault or Negligence, then the period of Ineligibility... |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article maybe no less than eight (8) years. |
*C49*AD-10.7Elimination, Reduction, or Suspension of Period of Ineligibility or OtherConsequences for Reasons Other than FaultAD-10.7.1Substantial Assistance in Discovering or Establishing Code Violations *C50*AD-10.7.1.1 World Archery may, prior to an appellate decision under Article 13 or the expiration of the time t... |
After anappellate decision under Article 13 or the expiration of time to appeal, World Archery may only suspenda part of the otherwise applicable Consequences with the approval of WADA.The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based onthe seriousness of the anti-dopi... |
No more thanthree-quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwiseapplicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be noless than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibilityshall not include any period of Ineligibility that could be added under Article 10.9.3.2 of these Anti-Doping Rules.If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, WorldArchery shall allow the Athl... |
If World Archery decides to reinstate suspended Consequences ordecides not to reinstate suspended Consequences, that decision may be appealed by any Person entitledto appeal under Article 13.AD-10.7.1.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-DopingOrganizations, at the... |
In exceptional circumstances, WADA may agree to suspensionsof the period of Ineligibility and other Consequences for Substantial Assistance greater than thoseotherwise provided in this Article, or even no period of Ineligibility, no mandatory Public Disclosureand/or no return of prize money or payment of fines or costs... |
WADA’s approval shall be subject toreinstatement of Consequences, as otherwise provided in this Article. |
Notwithstanding Article 13,WADA’s decisions in the context of this Article 10.7.1.2 may not be appealed.AD-10.7.1.3 If World Archery suspends any part of an otherwise applicable sanction because of SubstantialAssistance, then notice providing justification for the decision shall be provided to the other Anti-DopingOrga... |
In uniquecircumstances where WADA determines that it would be in the best interest of anti-doping, WADA mayauthorize World Archery to enter into appropriate confidentiality agreements limiting or delaying thedisclosure of the Substantial Assistance agreement or the nature of Substantial Assistance beingprovided.AD-10.7... |
*C51*AD-10.7.3Application of Multiple Grounds for Reduction of a SanctionWhere an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision ofArticle 10.5, 10.6 or 10.7, before applying any reduction or suspension under Article 10.7, the otherwise applicableperiod of Ineligi... |
If the Athlete orother Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7,then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicableperiod of Ineligibility.AD-10.8Results Management AgreementsAD-10.8.1One ... |
Where the Athlete or other Person receivesthe one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in theasserted period of Ineligibility shall be allowed under any other Article. |
*C52*AD-10.8.2Case Resolution AgreementWhere the Athlete or other Person admits an anti-doping rule violation after being confronted with the anti-dopingrule violation by World Archery and agrees to Consequences acceptable to World Archery and WADA, at their solediscretion, then: (a) the Athlete or other Person may rec... |
In each case, however,where this Article is applied, the Athlete or other Person shall serve at least one-half of the agreed-upon period ofIneligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of asanction or a Provisional Suspension which was subsequently respecte... |
The decisionby WADA and World Archery to enter or not enter into a case resolution agreement, and the amount of the reductionto, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing bodyand are not subject to appeal under Article 13.If so requested by an Athlete... |
*C53*AD-10.9Multiple ViolationsAD-10.9.1Second or Third Anti-Doping Rule ViolationAD-10.9.1.1 For an Athlete or other Person’s second anti-doping rule violation, the period of Ineligibility shall bethe greater of:(a) A six (6) month period of Ineligibility; or(b) A period of Ineligibility in the range between:(i) the s... |
In these particular cases, the period of Ineligibility shall befrom eight (8) years to lifetime Ineligibility.AD-10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced bythe application of Article 10.7.AD-10.9.2An anti-doping rule violation for which an Athlete or... |
In addition, an anti-doping rule violation sanctionedunder Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9.AD-10.9.3Additional Rules for Certain Potential Multiple ViolationsAD-10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and10... |
If World Archery cannot establish this, theviolations shall be considered together as one single first violation, and the sanction imposed shall bebased on the violation that carries the more severe sanction, including the application of AggravatingCircumstances. |
Results in all Competitions dating back to the earlier anti-doping rule violation will beDisqualified as provided in Article 10.10. |
*C54*AD-10.9.3.2 If World Archery establishes that an Athlete or other Person committed an additional anti-doping ruleviolation prior to notification, and that the additional violation occurred twelve (12) months or morebefore or after the first-noticed violation, then the period of Ineligibility for the additional vio... |
Where this Article 10.9.3.2 applies, the violations taken together shallconstitute a single violation for purposes of Article 10.9.1.AD-10.9.3.3 If World Archery establishes that an Athlete or other Person committed a violation of Article 2.5 inconnection with the Doping Control process for an underlying asserted anti-... |
Where this Article 10.9.3.3 is applied, theviolations taken together shall constitute a single violation for purposes of Article 10.9.1.AD-10.9.3.4 If World Archery establishes that a Person has committed a second or third anti-doping rule violationduring a period of Ineligibility, the periods of Ineligibility for the ... |
*C55*AD-10.11Forfeited Prize MoneyIf World Archery recovers prize money forfeited as a result of an anti-doping rule violation, it shall take reasonable measuresto allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete notcompeted. |
*C56*AD-10.12Financial ConsequencesAD-10.12.1Where an Athlete or other Person commits an anti-doping rule violation, World Archery may, in its discretion andsubject to the principle of proportionality, elect to (a) recover from the Athlete or other Person costs associated withthe anti-doping rule violation, regardless ... |
Otherwise, except as provided below,the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing iswaived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.AD-10.13.1Delays Not Attributable to the Athlete or other Perso... |
All competitive resultsachieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified. |
*C57*AD-10.13.2Credit for Provisional Suspension or Period of Ineligibility ServedAD-10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person, then the Athlete or other Personshall receive a credit for such period of Provisional Suspension against any period of Ineligibility whichmay ultimately... |
If the Athlete or other Person does not respect a Provisional Suspension,then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served.If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athleteor other Person shall receive a c... |
A copy of the Athlete or other Person’s voluntary acceptance of a ProvisionalSuspension shall be provided promptly to each party entitled to receive notice of an asserted anti-dopingrule violation under Article 14.1. |
*C58*AD-10.13.2.3 No credit against a period of Ineligibility shall be given for any time period before the effective date ofthe Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athleteelected not to compete or was suspended by a team.AD-10.14Status During Ineligibility or Provisiona... |
*C59*AD-10.14.2Return to TrainingAs an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or othermember organization of World Archery’s or other Signatory’s member organization during the shorter of: (1) thelast two months of the Athlete’s period of Ineligibilit... |
*C60*AD-10.14.3Violation of the Prohibition of Participation During Ineligibility or Provisional SuspensionWhere an Athlete or other Person who has been declared Ineligible violates the prohibition against participationduring Ineligibility described in Article 10.14.1, the results of such participation shall be Disqual... |
The new period of Ineligibility, including a reprimand and no period of Ineligibility, may beadjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
Thedetermination of whether an Athlete or other Person has violated the prohibition against participation, and whetheran adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to theimposition of the initial period of Ineligibility. |
This decision may be appealed under Article 13.An Athlete or other Person who violates the prohibition against participation during a Provisional SuspensionVersion 2021-01-05 17:15:34 Page 20 / 39described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results ofsuch ... |
In such event:(a) all or some group of members of that organization or body may be banned from participation in any WorldArchery activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amountup to 100.000CHF.AD-12.2.2Four (4) or more violations of these Anti-Doping Rules (... |
In such event, that organization or body may be suspended for a period ofup to four (4) years.AD-12.2.3More than one Athlete or other Person affiliated with that organization or body commits an anti-doping ruleviolation during an International Event. |
In such event, that organization or body may be fined in an amount up to20.000 CHF.AD-12.2.4That organization or body has failed to make diligent efforts to keep World Archery informed about an Athlete'swhereabouts after receiving a request for that information from World Archery. |
In such event, that organization orbody may be fined in an amount up to 5.000 CHF per Athlete, in addition to reimbursement of all of the WorldArchery costs incurred in Testing that organization’s or body’s Athletes.AD-12.3Withhold some or all funding or other financial and non-financial support to that organization or... |
Such decisions shall remain ineffect while under appeal unless the appellate body orders otherwise.AD-13.1.1Scope of Review Not LimitedThe scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues orscope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments andclaims that were not raised in the first instance hearing so long as they arise from the same cause of action or samegeneral facts or circumstances raised or addressed in the first instance hearing. |
*C62*AD-13.1.2CAS Shall Not Defer to the Findings Being AppealedIn making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is beingappealed. |
*C63*AD-13.1.3WADA Not Required to Exhaust Internal RemediesWhere WADA has a right to appeal under Article 13 and no other party has appealed a final decision within WorldArchery’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies inWorld Archery’s process. |
*C64*AD-13.2Appeals from Decisions Regarding Anti-Doping Rule Violations,Consequences, Provisional Suspensions, Implementation of Decisions andAuthorityA decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequencesfor an anti-doping rule violation, or a decisi... |
*C65*AD-13.2.2Appeals Involving Other Athletes or Other PersonsIn cases where Article 13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordancewith rules adopted by the National Anti-Doping Organization having authority over the Athlete or other Person.The rules for such appeal shall re... |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequentappeal at the latest with the party’s answer. |
*C66*AD-13.3Failure to Render a Timely Decision by World ArcheryWhere, in a particular case, World Archery fails to render a decision with respect to whether an anti-doping rule violation wascommitted within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if World Archery hadrendered a de... |
If the CAS hearing panel determines that an anti-doping ruleviolation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs andattorney fees in prosecuting the appeal shall be reimbursed to WADA by World Archery. |
*C67*AD-13.4Appeals Relating to TUEsTUE decisions may be appealed exclusively as provided in Article 4.4.AD-13.5Notification of Appeal DecisionsWorld Archery shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-DopingOrganizations that would have been entitled to appeal under ... |
The above notwithstanding, the following shall apply in connection with appeals filed by a partyentitled to appeal but which was not a party to the proceedings that led to the decision being appealed:(a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy of t... |
In addition to the notification by World Archery, it shall also be the responsibility of the NationalFederation to notify the Athlete or other Person. |
If the notification takes place via National Federations, the NationalFederations shall confirm to World Archery that they have delivered the notification to the Athlete or other Person.AD-14.1.2Notice of Anti-Doping Rule Violations to National Anti-Doping Organizations and WADANotice of the assertion of an anti-doping... |
Notice shall be delivered or emailed.AD-14.1.3Content of an Anti-Doping Rule Violation NoticeNotification of an anti-doping rule violation shall include: the Athlete's or other Person’s name, country, sport anddiscipline within the sport, the Athlete’s competitive level, whether the test was In-Competition or Out-of-Co... |
World Archery shall ensure that its employees (whether permanent or otherwise), contractors,agents, consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentialityand to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disc... |
Where the decisionis not in English or French, World Archery shall provide an English or French summary of the decision and thesupporting reasons.AD-14.2.2An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, withinfifteen (15) days of receipt, request a copy of the fu... |
World Archery must also Publicly Disclose within twenty (20) days the results ofappellate decisions concerning anti-doping rule violations, including the information described above. |
*C69*AD-14.3.3After an anti-doping rule violation has been determined to have been committed in an appellate decision underArticle 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where suchhearing has been waived, or the assertion of an anti-doping rule violation has not... |
However, the decisionitself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Personwho is the subject of the decision. |
World Archery shall use reasonable efforts to obtain such consent, and if consentis obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Personmay approve.AD-14.3.5Publication shall be accomplished at a minimum by placing the required information on the World A... |
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