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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 laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violationcharge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the directionof either the Anti-Doping Organization that initiated and directed Sample collection or WADA. |
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 Management authority) wishes to split an A or B Samplefor the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample forconfirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.AD-6.8WADA’s Right to Take Possession of Samples and DataWADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and relatedanalytical data or information in the possession of a laboratory or Anti-Doping Organization. |
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-7.1.1Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be theresponsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated anddirected Sample collection (or, if no Sample collection is involved, the Anti-Doping Organization which first providesnotice to an Athlete or other Person of a potential anti-doping rule violation and then diligently pursues that anti-doping rule violation).AD-7.1.2In circumstances where the rules of a National Anti-Doping Organization do not give the National Anti-DopingOrganization authority over an Athlete or other Person who is not a national, resident, license holder, or member ofa sport organization of that country, or the National Anti-Doping Organization declines to exercise such authority,Results Management shall be conducted by the applicable International Federation or by a third party with authorityover the Athlete or other Person as directed by the rules of the applicable International Federation.AD-7.1.3In the event the Major Event Organization assumes only limited Results Management responsibility relating to aSample initiated and taken during an Event conducted by a Major Event Organization, or an anti-doping ruleviolation occurring during such Event, the case shall be referred by the Major Event Organization to the applicableInternational Federation for completion of Results Management.AD-7.1.4Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall beadministered by World Archery or the National Anti-Doping Organization with whom the Athlete in question fileswhereabouts information, as provided in the International Standard for Results Management. |
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 conducting Results Management in respectof anti-doping rule violations involving Athletes and other Persons under its authority shall be determined byreference to and in accordance with Article 7 of the Code.AD-7.1.6WADA may direct World Archery to conduct Results Management in particular circumstances. |
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 responsibility in place of World Archery or, ifthere is no such Anti-Doping Organization, any other Anti-Doping Organization that is willing to do so. |
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-Doping Rule ViolationsWorld Archery shall carry out the review and notification with respect to any potential anti-doping rule violation inaccordance with the International Standard for Results Management.AD-7.3Identification of Prior Anti-Doping Rule ViolationsBefore giving an Athlete or other Person notice of a potential anti-doping rule violation as provided above, World Archeryshall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule violation exists.AD-7.4Provisional Suspensions *C32*AD-7.4.1Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport FindingIf World Archery receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of theAdverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a SpecifiedSubstance or a Specified Method, it shall impose a Provisional Suspension on the Athlete promptly upon or after thereview and notification required by Article 7.2.A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the CAS Anti-DopingDivision (CAS ADD) that the violation is likely to have involved a Contaminated Product, or (ii) the violationinvolves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility underArticle 10.2.4.1.The CAS ADD’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertionregarding a Contaminated Product shall not be appealable.AD-7.4.2Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances, SpecifiedMethods, Contaminated Products, or Other Anti-Doping Rule ViolationsWorld Archery may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8.An optional Provisional Suspension may be lifted at the discretion of World Archery at any time prior to the CASADD’s decision under Article 8, unless provided otherwise in the International Standard for Results Management.AD-7.4.3Opportunity for Hearing or AppealNotwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or otherPerson is given: (a) an opportunity for a Provisional Hearing, either before or on a timely basis after the impositionof the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 on atimely basis after the imposition of the Provisional Suspension.The imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, may beappealed in an expedited process in accordance with Article 13.2.AD-7.4.4Voluntary Acceptance of Provisional SuspensionAthletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i)the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample) or ten (10) days from thenotice of any other anti-doping rule violation, or (ii) the date on which the Athlete first competes after such report ornotice.Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) daysfrom the notice of the anti-doping rule violation.Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the samemanner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at anytime after voluntarily accepting a Provisional Suspension, the Athlete or other Person may withdraw suchacceptance, in which event the Athlete or other Person shall not receive any credit for time previously served duringthe Provisional Suspension.AD-7.4.5If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sampleanalysis (if requested by the Athlete or World Archery) does not confirm the A Sample analysis, then the Athlete shallnot be subject to any further Provisional Suspension on account of a violation of Article 2.1. |
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 otherwise affecting the Event, the Athlete or team may continue to take part in theEvent.AD-7.5Results Management DecisionsResults Management decisions or adjudications by World Archery must not purport to be limited to a particular geographicarea or the World Archery’s sport and shall address and determine without limitation the following issues: (i) whether an anti-doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination,and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti-doping rule violation(s),including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility(and the date it begins to run) and any Financial Consequences. |
*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 the World Archery’s Results Management process is underway, World Archeryretains authority to complete its Results Management process. |
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-8Results Management: right to a fair hearing and notice of hearingdecisionFor any Person who is asserted to have committed an anti-doping rule violation, World Archery shall provide a fair hearing within areasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the InternationalStandard for Results Management.AD-8.1Fair HearingsAD-8.1.1World Archery has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions)to the CAS ADD. |
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 sends a notice to an Athlete or other Person notifying them of a potential anti-doping rule violation, and the Athlete or other Person does not waive a hearing in accordance withArticle 8.3.1 or Article 8.3.2, then the case shall be referred to the CAS ADD for hearing andadjudication, which shall be conducted in accordance with the principles described in Articles 8 and 9 ofthe International Standard for Results Management.AD-8.1.2.2 Hearings held in connection with Events in respect to Athletes and other Persons who are subject tothese Anti-Doping Rules may be conducted by an expedited process where permitted by the CAS ADD. |
*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 Management and which includes the full reasons for the decision,the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, ajustification for why the greatest potential Consequences were not imposed.AD-8.2.2World Archery shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations witha right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
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-8.3.2However, if the Athlete or other Person against whom an anti-doping rule violation is asserted fails to dispute thatassertion within fifteen (15) or the deadline otherwise specified in the notice sent by the World Archery asserting theviolation, then they shall be deemed to have admitted the violation, to have waived a hearing, and to have acceptedthe proposed Consequences.AD-8.3.3In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the CAS ADD shall not be required. |
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 for why the greatest potentialConsequences were not imposed.AD-8.3.4World Archery shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations witha right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
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 Management responsibility in accordance withArticle 7) and WADA, be heard in a single hearing directly at CAS. |
*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 individual results obtained in that Event with allConsequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.2.Factors to be included in considering whether to Disqualify other results in an Event might include, for example, theseriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the otherCompetitions. |
*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 to have been affected by the Athlete's anti-doping rule violation.AD-10.2Ineligibility for Presence, Use or Attempted Use, or Possession of a ProhibitedSubstance or Prohibited MethodThe period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reductionor suspension pursuant to Article 10.5, 10.6 or 10.7:AD-10.2.1The period of Ineligibility, subject to Article 10.2.4, shall be four (4) years where:AD-10.2.1.1 The anti-doping rule violation does not involve a Specified Substance or a Specified Method, unless theAthlete or other Person can establish that the anti-doping rule violation was not intentional. |
*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 used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage inconduct which they knew constituted an anti-doping rule violation or knew that there was a significant risk that theconduct might constitute or result in an anti-doping rule violation and manifestly disregarded that risk. |
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 Out-of-Competition in a context unrelated to sport performance. |
*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) months Ineligibility.In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1)month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment programapproved by World Archery. |
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 provide abasis for a finding of Aggravating Circumstances under Article 10.4.AD-10.3Ineligibility for Other Anti-Doping Rule ViolationsThe period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shall be as follows, unlessArticle 10.6 or 10.7 are applicable:AD-10.3.1For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failingto submit to Sample collection, if the Athlete can establish that the commission of the anti-doping rule violation wasnot intentional, the period of Ineligibility shall be two (2) years; (ii) in all other cases, if the Athlete or other Personcan establish exceptional circumstances that justify a reduction of the period of Ineligibility, the period ofIneligibility shall be in a range from two (2) years to four (4) years depending on the Athlete or other Person’sdegree of Fault; or (iii) in a case involving a Protected Person or Recreational Athlete, the period of Ineligibilityshall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period ofIneligibility, depending on the Protected Person or Recreational Athlete’s degree of Fault.AD-10.3.2For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to aminimum of one (1) year, depending on the Athlete’s degree of Fault. |
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, the period of Ineligibility shall be a minimum of four (4) years up to lifetimeIneligibility, depending on the seriousness of the violation. |
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 violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations,shall be reported to the competent administrative, professional or judicial authorities. |
*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 aminimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of thecase. |
*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) or 2.11 (Acts byan Athlete or Other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present whichjustify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwiseapplicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of theviolation and the nature of the Aggravating Circumstances, unless the Athlete or other Person can establish that he or she didnot knowingly commit the anti-doping rule violation. |
*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-10.6.1.1 Specified Substances or Specified MethodsWhere the anti-doping rule violation involves a Specified Substance (other than a Substance of Abuse) orSpecified Method, and the Athlete or other Person can establish No Significant Fault or Negligence, thenthe period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at amaximum, two (2) years of Ineligibility, depending on the Athlete’s or other Person’s degree of Fault.AD-10.6.1.2 Contaminated ProductsIn cases where the Athlete or other Person can establish both No Significant Fault or Negligence andthat the detected Prohibited Substance (other than a Substance of Abuse) came from a ContaminatedProduct, then the period of Ineligibility shall be, at a minimum, a reprimand and no period ofIneligibility, and at a maximum, two (2) years Ineligibility, depending on the Athlete or other Person’sdegree of Fault. |
*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 shall be, at a minimum, a reprimand andno period of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the ProtectedPerson or Recreational Athlete’s degree of Fault.AD-10.6.2Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or shebears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in Article10.7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Person’s degreeof Fault, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwiseapplicable. |
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 toappeal, suspend a part of the Consequences (other than Disqualification and mandatory PublicDisclosure) imposed in an individual case where the Athlete or other Person has provided SubstantialAssistance to an Anti-Doping Organization, criminal authority or professional disciplinary body whichresults in: (i) the Anti-Doping Organization discovering or bringing forward an anti-doping ruleviolation by another Person; or (ii) which results in a criminal or disciplinary body discovering orbringing forward a criminal offense or the breach of professional rules committed by another Personand the information provided by the Person providing Substantial Assistance is made available to WorldArchery or other Anti-Doping Organization with Results Management responsibility; or (iii) whichresults in WADA initiating a proceeding against a Signatory, WADA-accredited laboratory, or Athletepassport management unit (as defined in the International Standard for Laboratories) for non-compliance with the Code, International Standard or Technical Document; or (iv) with the approval byWADA, which results in a criminal or disciplinary body bringing forward a criminal offense or thebreach of professional or sport rules arising out of a sport integrity violation other than doping. |
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-doping rule violation committed by the Athlete or other Person and thesignificance of the Substantial Assistance provided by the Athlete or other Person to the effort toeliminate doping in sport, non-compliance with the Code and/or sport integrity violations. |
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 Athlete or other Person to provide the information to it subject to a WithoutPrejudice Agreement.If the Athlete or other Person fails to continue to cooperate and to provide the complete and credibleSubstantial Assistance upon which a suspension of Consequences was based, World Archery shallreinstate the original Consequences. |
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 request of World Archery or at the request of the Athlete or other Person who has,or has been asserted to have, committed an anti-doping rule violation, or other violation of the Code,WADA may agree at any stage of the Results Management process, including after an appellate decisionVersion 2021-01-05 17:15:34 Page 17 / 39under Article 13, to what it considers to be an appropriate suspension of the otherwise-applicable periodof Ineligibility and other Consequences. |
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-DopingOrganizations with a right to appeal under Article 13.2.3 as provided in Article 14.2. |
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-10.7.2Admission of an Anti-Doping Rule Violation in the Absence of Other EvidenceWhere an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before havingreceived notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article7) and that admission is the only reliable evidence of the violation at the time of admission, then the period ofIneligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable. |
*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 Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. |
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 (1) Year Reduction for Certain Anti-Doping Rule Violations Based on Early Admission and Acceptance ofSanctionWhere an Athlete or other Person, after being notified by World Archery of a potential anti-doping rule violation thatcarries an asserted period of Ineligibility of four (4) or more years (including any period of Ineligibility assertedunder Article 10.4), admits the violation and accepts the asserted period of Ineligibility no later than twenty (20)days after receiving notice of an anti-doping rule violation charge, the Athlete or other Person may receive a one (1)year reduction in the period of Ineligibility asserted by World Archery. |
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 receive a reduction in the period of Ineligibility based on anassessment by World Archery and WADA of the application of Articles 10.1 through 10.7 to the asserted anti-dopingrule violation, the seriousness of the violation, the Athlete or other Person’s degree of Fault and how promptly theAthlete or other Person admitted the violation; and (b) the period of Ineligibility may start as early as the date ofSample collection or the date on which another anti-doping rule violation last occurred. |
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 respected by the Athlete or other Person. |
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 or other Person who seeks to enter into a case resolution agreement under this Article,World Archery shall allow the Athlete or other Person to discuss an admission of the anti-doping rule violation withit subject to a Without Prejudice Agreement. |
*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 sum of the period of Ineligibility imposed for the first anti-doping rule violation plus the period ofIneligibility otherwise applicable to the second anti-doping rule violation treated as if it were a firstviolation, andVersion 2021-01-05 17:15:34 Page 18 / 39(ii) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treatedas if it were a first violation.The period of Ineligibility within this range shall be determined based on the entirety of thecircumstances and the Athlete or other Person’s degree of Fault with respect to the second violation.AD-10.9.1.2 A third anti-doping rule violation will always result in a lifetime period of Ineligibility, except if the thirdviolation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5or 10.6, or involves a violation of Article 2.4. |
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 other Person has established No Fault or Negligence shall notbe considered a violation for purposes of this Article 10.9. |
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 and10.9.3.3, an anti-doping rule violation will only be considered a second violation if World Archery canestablish that the Athlete or other Person committed the additional anti-doping rule violation after theAthlete or other Person received notice pursuant to Article 7, or after World Archery made reasonableefforts to give notice of the first anti-doping rule violation. |
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 violation shallbe calculated as if the additional violation were a stand-alone first violation and this period ofIneligibility is served consecutively, rather than concurrently, with the period of Ineligibility imposed forthe earlier-noticed violation. |
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-doping rule violation, theviolation of Article 2.5 shall be treated as a stand-alone first violation and the period of Ineligibility forsuch violation shall be served consecutively, rather than concurrently, with the period of Ineligibility, ifany, imposed for the underlying anti-doping rule violation. |
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 multiple violations shall runconsecutively, rather than concurrently.AD-10.9.4Multiple Anti-Doping Rule Violations during Ten (10) Year PeriodFor purposes of Article 10.9, each anti-doping rule violation must take place within the same ten (10) year period inorder to be considered multiple violations.AD-10.10Disqualification of Results in Competitions Subsequent to Sample Collection orCommission of an Anti-Doping Rule ViolationIn addition to the automatic Disqualification of the results in the Competition which produced the positive Sample underArticle 9, all other competitive results of the Athlete obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other anti-doping rule violation occurred, through the commencement of anyProvisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resultingConsequences including forfeiture of any medals, points and prizes. |
*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 of the period of Ineligibility imposed and/or (b) fine the Athlete or otherPerson in an amount up to 20.000 CHF, only in cases where the maximum period of Ineligibility otherwiseVersion 2021-01-05 17:15:34 Page 19 / 39applicable has already been imposed.AD-10.12.2The imposition of a financial sanction or the World Archery's recovery of costs shall not be considered a basis forreducing the Ineligibility or other sanction which would otherwise be applicable under these Anti-Doping Rules.AD-10.13Commencement of Ineligibility PeriodWhere an Athlete is already serving a period of Ineligibility for an anti-doping rule violation, any new period of Ineligibilityshall commence on the first day after the current period of Ineligibility has been served. |
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 PersonWhere there have been substantial delays in the hearing process or other aspects of Doping Control, and the Athleteor other Person can establish that such delays are not attributable to the Athlete or other Person, World Archery orthe CAS ADD, if applicable, may start the period of Ineligibility at an earlier date commencing as early as the dateof Sample collection or the date on which another anti-doping rule violation last occurred. |
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 be imposed. |
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 credit for such period of Ineligibility served against any period ofIneligibility which may ultimately be imposed on appeal.AD-10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from WorldArchery and thereafter respects the Provisional Suspension, the Athlete or other Person shall receive acredit for such period of voluntary Provisional Suspension against any period of Ineligibility which mayultimately be imposed. |
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 Provisional SuspensionAD-10.14.1Prohibition Against Participation During Ineligibility or Provisional SuspensionNo Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during aperiod of Ineligibility or Provisional Suspension, participate in any capacity in a Competition or activity (other thanauthorized anti-doping Education or rehabilitation programs) authorized or organized by any Signatory, Signatory'smember organization, or a club or other member organization of a Signatory’s member organization, or inCompetitions authorized or organized by any professional league or any international- or national-level Eventorganization or any elite or national-level sporting activity funded by a governmental agency.An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four(4) years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwiseunder the authority of a Code Signatory or member of a Code Signatory, but only so long as the local sport event isnot at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (oraccumulate points toward) a national championship or International Event, and does not involve the Athlete or otherPerson working in any capacity with Protected Persons.An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement byWorld Archery to provide whereabouts information. |
*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 Ineligibility, or (2) the last one-quarter of the period of Ineligibilityimposed. |
*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 Disqualified and a newperiod of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the originalperiod of Ineligibility. |
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 participation shall be Disqualified.Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participationduring Ineligibility or a Provisional Suspension, World Archery shall impose sanctions for a violation of Article 2.9for such assistance.AD-10.14.4Withholding of Financial Support during IneligibilityIn addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6,some or all sport-related financial support or other sport-related benefits received by such Person will be withheldby World Archery and its National Federations.AD-10.15Automatic Publication of SanctionA mandatory part of each sanction shall include automatic publication, as provided in Article 14.3.AD-11Consequences to teamsAD-11.1Testing of TeamsWhere one (1) member of a team (outside of Team Sports) has been notified of an anti-doping rule violation under Article 7 inconnection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of all members of the teamduring the Event Period.AD-11.2Consequences for TeamsAD-11.2.1An anti-doping rule violation committed by a member of a team in connection with an In-Competition testautomatically leads to Disqualification of the result obtained by the team in that Competition, with all resultingConsequences for the team and its members, including forfeiture of any medals, points and prizes.AD-11.2.2An anti-doping rule violation committed by a member of a team occurring during or in connection with an Event maylead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the teamand its members, including forfeiture of all medals, points and prizes, except as provided in Article 11.2.3.AD-11.2.3Where an Athlete who is a member of a team committed an anti-doping rule violation during or in connection withone (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Faultor Negligence for that violation, the results of the team in any other Competition(s) in that Event shall not beDisqualified unless the results of the team in the Competition(s) other than the Competition in which the anti-dopingrule violation occurred were likely to have been affected by the Athlete's anti-doping rule violation.AD-12Sanctions by World Archery against other sporting bodiesWhen World Archery becomes aware that a National Federation or any other sporting body over which it has authority has failed tocomply with, implement, uphold, and enforce these Anti-Doping Rules within that organization’s or body’s area of competence, WorldArchery has the authority and may take the following additional disciplinary actions:AD-12.1Exclude all, or some group of, members of that organization or body from specified future Events or all Events conductedwithin a specified period of time.AD-12.2Take additional disciplinary actions with respect to that organization’s or body’s recognition, the eligibility of their membersto participate in World Archery’s activities, and/or fine that organization or body based on the following:AD-12.2.1Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed byAthletes or other Persons affiliated with that organization or body during a twelve (12) month period. |
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 (other than violations involving Article 2.4) are committed inaddition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization orbody during a twelve (12) month period. |
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 body.AD-12.4Oblige that organization or body to reimburse World Archery for all costs (including but not limited to laboratory fees, hearingVersion 2021-01-05 17:15:34 Page 21 / 39expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated withthat organization or body.AD-13Results Management: Appeals *C61*AD-13.1Decisions Subject to AppealDecisions made under the Code or these Anti-Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7or as otherwise provided in these Anti-Doping Rules, the Code or the International Standards. |
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 decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decisionby WADA not to grant an exception to the six (6) months notice requirement for a retired Athlete to return to competition underArticle 5.6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code; a decision by World Archerynot to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision notto go forward with an anti-doping rule violation after an investigation in accordance with the International Standard forResults Management; a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing; WorldArchery’s failure to comply with Article 7.4; a decision that World Archery lacks authority to rule on an alleged anti-dopingrule violation or its Consequences; a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate,Consequences under Article 10.7.1; failure to comply with Articles 7.1.4 and 7.1.5 of the Code; failure to comply with Article10.8.1; a decision under Article 10.14.3; a decision by World Archery not to implement another Anti-Doping Organization’sdecision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in thisArticle 13.2.AD-13.2.1Appeals Involving International-Level Athletes or International EventsIn cases arising from participation in an International Event or in cases involving International-Level Athletes, thedecision may be appealed exclusively to CAS. |
*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 respect the following principles: a timely hearing; a fair, impartial, OperationallyIndependent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person'sown expense; and a timely, written, reasoned decision.If no such body as described above is in place and available at the time of the appeal, the decision may be appealedto CAS in accordance with the applicable procedural rules.AD-13.2.3Persons Entitled to AppealAD-13.2.3.1 Appeals Involving International-Level Athletes or International EventsIn cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athleteor other Person who is the subject of the decision being appealed; (b) the other party to the case inwhich the decision was rendered; (c) World Archery; (d) the National Anti-Doping Organization of thePerson’s country of residence or countries where the Person is a national or license holder; (e) theInternational Olympic Committee or International Paralympic Committee, as applicable, where thedecision may have an effect in relation to the Olympic Games or Paralympic Games, including decisionsaffecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.AD-13.2.3.2 Appeals Involving Other Athletes or Other PersonsIn cases under Article 13.2.2, the parties having the right to appeal to the national-level appeal bodyshall be as provided in the National Anti-Doping Organization's rules but, at a minimum, shall includeVersion 2021-01-05 17:15:34 Page 22 / 39the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed;(b) the other party to the case in which the decision was rendered; (c) World Archery; (d) the NationalAnti-Doping Organization of the Person’s country of residence or countries where the Person is anational or license holder; (e) the International Olympic Committee or International ParalympicCommittee, as applicable, where the decision may have an effect in relation to the Olympic Games orParalympic Games, including decisions affecting eligibility for the Olympic Games or ParalympicGames; and (f) WADA.For cases under Article 13.2.2, WADA, the International Olympic Committee, the InternationalParalympic Committee, and World Archery shall also have the right to appeal to CAS with respect to thedecision of the national-level appeal body.Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant informationfrom the Anti-Doping Organization whose decision is being appealed and the information shall beprovided if CAS so directs.AD-13.2.3.3 Duty to NotifyAll parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal havebeen given timely notice of the appeal.AD-13.2.3.4 Appeal from Imposition of Provisional SuspensionNotwithstanding any other provision herein, the only Person who may appeal from the imposition of aProvisional Suspension is the Athlete or other Person upon whom the Provisional Suspension isimposed.AD-13.2.3.5 Appeal from Decisions under Article 12Decisions by World Archery pursuant to Article 12 may be appealed exclusively to CAS by the NationalFederation or other body.AD-13.2.4Cross Appeals and other Subsequent Appeals AllowedCross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code arespecifically permitted. |
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 decision finding no anti-doping rule violation. |
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 Article 13.2.3 as provided under Article 14.2.AD-13.6Time for Filing Appeals *C68*AD-13.6.1Appeals to CASThe time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by theappealing party. |
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 thefull case file pertaining to the decision from the Anti-Doping Organization that had Results Management authority;(b) If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:(a) Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed,or(b) Twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.AD-13.6.2Appeals Under Article 13.2.2The time to file an appeal to an independent and impartial body in accordance with rules established by the NationalAnti-Doping Organization shall be indicated by the same rules of the National Anti-Doping Organization.The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:(a) Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed,or(b) Twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.Version 2021-01-05 17:15:34 Page 23 / 39AD-14Confidentiality and reportingAD-14.1Information Concerning Adverse Analytical Findings, Atypical Findings, andOther Asserted Anti-Doping Rule ViolationsAD-14.1.1Notice of Anti-Doping Rule Violations to Athletes and other PersonsNotice to Athletes or other Persons of anti-doping rule violations asserted against them shall occur as providedunder Articles 7 and 14.If at any point during Results Management up until the anti-doping rule violation charge, World Archery decides notto move forward with a matter, it must notify the Athlete or other Person, (provided that the Athlete or other Personhad been already informed of the ongoing Results Management).Any notice under these Anti-Doping Rules shall be delivered or emailed by World Archery to Athletes or otherPersons. |
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 rule violation to the Athlete’s or other Person’s National Anti-DopingOrganization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to theAthlete or other Person.If at any point during Results Management up until the anti-doping rule violation charge, World Archery decides notto move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right ofappeal under Article 13.2.3. |
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-Competition, the date of Sample collection, the analytical result reported by the laboratory, and other information asrequired by the International Standard for Testing and Investigations and International Standard for ResultsManagement.Notification of anti-doping rule violations other than under Article 2.1 shall also include the rule violated and thebasis of the asserted violation.AD-14.1.4Status ReportsExcept with respect to investigations which have not resulted in a notice of an anti-doping rule violation pursuant toArticle 14.1.1, the Athlete’s or other Person’s National Anti-Doping Organization and WADA shall be regularlyupdated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall beprovided with a prompt written reasoned explanation or decision explaining the resolution of the matter.AD-14.1.5ConfidentialityThe recipient organizations shall not disclose this information beyond those Persons with a need to know (whichwould include the appropriate personnel at the applicable National Olympic Committee and National Federationuntil World Archery has made Public Disclosure as permitted by Article 14.3.AD-14.1.6Protection of Confidential Information by an Employee or Agent of the World ArcheryWorld Archery shall ensure that information concerning Adverse Analytical Findings, Atypical Findings, and otherasserted anti-doping rule violations remains confidential until such information is Publicly Disclosed in accordancewith Article 14.3. |
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 disclosureof such confidential information.AD-14.2Notice of Anti-Doping Rule Violation or Violations of Ineligibility orProvisional Suspension Decisions and Request for FilesAD-14.2.1Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspensionrendered pursuant to Article 7.6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision,including, if applicable, a justification for why the maximum potential sanction was not imposed. |
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 full case file pertaining to the decision.AD-14.3Public DisclosureAD-14.3.1After notice has been provided to the Athlete or other Person in accordance with the International Standard forResults Management, and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identityof any Athlete or other Person who is notified of a potential anti-doping rule violation, the Prohibited Substance orProhibited Method and the nature of the violation involved, and whether the Athlete or other Person is subject to aVersion 2021-01-05 17:15:34 Page 24 / 39Provisional Suspension may be Publicly Disclosed by World Archery.AD-14.3.2No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, orsuch appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8,or a new period of Ineligibility, or reprimand, has been imposed under Article 10.14.3, World Archery must PubliclyDisclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of theAthlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any)and the Consequences imposed. |
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 otherwise been timely challenged,or the matter has been resolved under Article 10.8, World Archery may make public such determination or decisionand may comment publicly on the matter.AD-14.3.4In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed. |
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 Archery’swebsite and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility.AD-14.3.6Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization, National Federation, or WADA-accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pendingcase (as opposed to general description of process and science) except in response to public comments attributed to,or based on information provided by, the Athlete, other Person or their entourage or other representatives.AD-14.3.7The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Personwho has been found to have committed an anti-doping rule violation is a Minor, Protected Person or RecreationalAthlete. |
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