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Any optional Public Disclosure in a case involving a Minor, Protected Person or Recreational Athlete shallbe proportionate to the facts and circumstances of the case.AD-14.4Statistical ReportingWorld Archery shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a... |
World Archery may also publish reports showing the name of each Athlete tested and the date of eachTesting.AD-14.5Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing ofapplicable Doping Control ... |
*C70*AD-15.2Implementation of Other Decisions by Anti-Doping OrganizationsWorld Archery and its National Federations may decide to implement other anti-doping decisions rendered by Anti-DopingOrganizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing oracceptanc... |
*C71*AD-15.3Implementation of Decisions by Body that is not a SignatoryVersion 2021-01-05 17:15:34 Page 26 / 39An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by World Archery and its NationalFederations, if World Archery finds that the decision purports to be within the autho... |
*C72*AD-16Statute of limitationsNo anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of theanti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date theviolation is as... |
All National Federations and other members shall include in their policies, rules and programs the provisions necessaryto ensure that World Archery may enforce these Anti-Doping Rules (including carrying out Testing) directly in respect ofAthletes (including National-Level Athletes) and other Persons under their anti-d... |
They shall also recognize, abide by andimplement the decisions made pursuant to these Anti-Doping Rules, including the decisions imposing sanctions on Personsunder their authority.AD-18.4All National Federations shall take appropriate action to enforce compliance with the Code, International Standards, andthese Anti-Do... |
*C73*AD-20.3To take responsibility, in the context of anti-doping, for what they ingest and Use.AD-20.4To inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to takeresponsibility to make sure that any medical treatment received does not violate these Anti-Doping Rul... |
In the event of anyconflict between the English and French versions, the English version shall prevail.AD-23.2The comments annotating various provisions of the Code shall be used to interpret the Code.AD-23.3The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or ... |
However, pre-Code anti-doping rule violations would continue to count as "First violations" or "Second violations"for purposes of determining sanctions under Article 10 for subsequent post-Code violations.AD-23.7The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definition... |
They repeal World Archery’s Anti-Doping Rules that came into effect on 1 January 2015.AD-24.7These Anti-Doping Rules shall not apply retroactively to matters pending before the Effective Date. |
However:AD-24.7.1Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations"for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.AD-24.7.2Any anti-doping rule violation case which is pending as of the Effe... |
For thesepurposes, the retrospective periods in which prior violations can be considered for purposes of multiple violationsunder Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules,and should be applied retroactively along with all of the other procedural r... |
Such application must be made before the period of Ineligibility has expired. |
Thedecision rendered may be appealed pursuant to Article 13.2. |
These Anti-Doping Rules shall have no application toany case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibilityhas expired.AD-24.7.5For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanctionfor the fir... |
*C74*AD-24.7.6Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited Listshall not, unless they specifically provide otherwise, be applied retroactively. |
As an exception, however, when aProhibited Substance or a Prohibited Method has been removed from the Prohibited List, an Athlete or other Personcurrently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method mayapply to World Archery or other Anti-Doping Organization wh... |
However, this definition shall not include the actions of bona fide medicalpersonnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or otheracceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Com... |
Such circumstances and actions shall include, but are not limited to: theAthlete or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods, Used or Possessed a ProhibitedSubstance or Prohibited Method on multiple occasions or committed multiple other anti-doping rule violations; a normal in... |
For the avoidance of doubt,the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may alsojustify the imposition of a longer period of Ineligibility.Anti-Doping Activities: Anti-doping Education and information, test distribution planning, maintenance of ... |
This includes, for example, the International Olympic Committee, the International ParalympicCommittee, other Major Event Organizations that conduct Testing at their Events, International Federations, and National Anti-Doping Organizations.Athlete: Any Person who competes in sport at the international level (as defined... |
An Anti-Doping Organization has discretion to apply anti-doping rulesto an Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definitionof “Athlete”. |
In relation to Athletes who are neither International-Level nor National-Level Athletes, an Anti-Doping Organizationmay elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances;require limited or no whereabouts information; or not require advance TUEs. |
However, if an Article 2.1, 2.3 or 2.5 anti-doping ruleviolation is committed by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test and whocompetes below the international or national level, then the Consequences set forth in the Code must be applied. |
For purposes ofArticle 2.8 and Article 2.9 and for purposes of anti-doping information and Education, any Person who participates in sport under theauthority of any Signatory, government, or other sports organization accepting the Code is an Athlete.Athlete Biological Passport: The program and methods of gathering and ... |
Provided, however, there shall be no anti-doping rule violation based solely on anAttempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in theAttempt.Atypical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory whic... |
For example, a basketball game or the finals of the Olympic100-meter race in athletics. |
For stage races and other sport contests where prizes are awarded on a daily or other interim basis thedistinction between a Competition and an Event will be as provided in the rules of World Archery.Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete's or other Person's violation of an anti-doping... |
This definitiondoes not include CAS.Disqualification: See Consequences of Anti-Doping Rule Violations above.Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal and theenforcement of Consequences, including all steps and processes in between, including bu... |
For World-Archery, the Event Period is considered the period which starts at 11:59 p.m. of the day before the Event and finishes at 11:59 p.m. ofthe day on which the Event ends.Event Venues: Those venues so designated by the ruling body for the Event. |
For World Archery, the Event Venues are considered theofficial training, accommodation and competition venues for the Event.Fault: Fault is any breach of duty or any lack of care appropriate to a particular situation. |
Factors to be taken into consideration inassessing an Athlete’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whetherthe Athlete or other Person is a Protected Person, special considerations such as impairment, the degree of risk that should have beenperceived by th... |
In assessing the Athlete’s or other Person’s degree of Fault, the circumstances considered must be specificand relevant to explain the Athlete’s or other Person’s departure from the expected standard of behavior. |
Thus, for example, the factthat an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete onlyhas a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing theperiod of Ineligib... |
They must therefore not in any way be administered by, connected or subject to the Anti-DopingOrganization responsible for Results Management.International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee,an International Federation, a Major Event Organiza... |
For the sport of Archery, International-Level Athletes aredefined as set out in the Scope section of the Introduction to these Anti-Doping Rules.International Standard: A standard adopted by WADA in support of the Code. |
Compliance with an International Standard (asopposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by theInternational Standard were performed properly. |
International Standards shall include any Technical Documents issued pursuant tothe International Standard.Major Event Organizations: The continental associations of National Olympic Committees and other international multi-sportorganizations that function as the ruling body for any continental, regional or other Inter... |
If this designation has not been made by the competent public authority(ies), the entity shall be thecountry’s National Olympic Committee or its designee.National Event: A sport Event or Competition involving International- or National-Level Athletes that is not an International Event.Version 2021-01-05 17:15:34 Page 3... |
Under the World Archery Constitution, the regular term used is Member Association.National-Level Athlete: Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization,consistent with the International Standard for Testing and Investigations.National Olympic Committee: The or... |
The term National OlympicCommittee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumestypical National Olympic Committee responsibilities in the anti-doping area.No Fault or Negligence: The Athlete or other Person'sestablishing that he or she did not kno... |
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete mustalso establish how the Prohibited Substance entered the Athlete’s system.No Significant Fault or Negligence: The Athlete or other Person's establishing that any Fault or Negligence, when viewed in thetota... |
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, theAthlete must also establish how the Prohibited Substance entered the Athlete’s system.Operational Independence: This means that (1) board members, staff members, commission members, consultants and officials of theAnt... |
The objective is to ensure thatmembers of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in theinvestigation of, or decisions to proceed with, the case.Out-of-Competition: Any period which is not In-Competition.Participant: Any Athlete or Athlete Support Perso... |
Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior toreceiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete actiondemonstrating that the Person never intended to have Possession and has renounced Pos... |
Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or othermeans) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.Prohibited List: The List identifying the Prohibited Substances and Prohibited Methods.Prohibit... |
Further, the information provided must be credible and must comprise an important part of any case or proceedingwhich is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding couldhave been brought.Tampering: Intentional conduct which subverts the Dopin... |
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail toperform an act, preventing the collection of a Sample, affecting or making impossible the analysis of a Sample, falsifying documentssubmitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false ... |
Such an agreement shall notpreclude the Anti-Doping Organization, Athlete or other Person from using any information or evidence gathered from any sourceother than during the specific time-limited setting described in the agreement.Appendix AD-2CommentsBelow are all the comments that were referenced as *Cx* in the text... |
*C1* [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, suchPerson would of course not be subject to Sample collection or Testing, and would not be charged with an anti-doping rule violationunder the Code for Use or Possession of a Prohibited Substance or... |
Rather, such Person would only be subject todiscipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (ProhibitedAssociation) and 2.11 (Retaliation). |
Furthermore, such Person would be subject to the additional roles and responsibilities accordingto Code Article 21.3. |
Also, the obligation to require an employee to be bound by the Code is subject to applicable law. |
World Archeryshall ensure that, as per Article 19 of these Anti-Doping Rules, any arrangements with their board members, directors, officers, andspecified employees, as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise –Version 2021-01-05 17:15:34 Page 33 / 39hav... |
]*C2* [Comment to Article 2.1.1: An anti-doping rule violation is committed under this Article without regard to an Athlete’s Fault.This rule has been referred to in various CAS decisions as “Strict Liability”. |
An Athlete’s Fault is taken into consideration indetermining the Consequences of this anti-doping rule violation under Article 10. |
This principle has consistently been upheld byCAS. |
]*C3* [Comment to Article 2.1.2: The Anti-Doping Organization with Results Management responsibility may, at its discretion,choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample. |
]*C4* [Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or ProhibitedMethod may be established by any reliable means. |
As noted in the Comment to Article 3.2, unlike the proof required to establish ananti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such asadmissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, i... |
For example, Use may be established based uponreliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysisof a B Sample alone where the Anti-Doping Organization provides a satisfactory explanation for the lack of confirmation in the otherSample. |
]*C5* [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requiresproof of intent on the Athlete’s part. |
The fact that intent may be required to prove this particular anti-doping rule violation does notundermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of aProhibited Substance or Prohibited Method. |
An Athlete’s Use of a Prohibited Substance constitutes an anti-doping rule violationunless such substance is not prohibited Out-of-Competition and the Athlete’s Use takes place Out-of-Competition. |
(However, thepresence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition is a violation of Article 2.1regardless of when that substance might have been administered. |
)]*C6* [Comment to Article 2.3: .For example, it would be an anti-doping rule violation of “evading Sample collection” if it wereestablished that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. |
A violation of “failingto submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing”Sample collection contemplates intentional conduct by the Athlete. |
]*C7* [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or Possessing aProhibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where thatPerson had a physician’s prescription, e.g., buying Insulin for a di... |
[Comment to Article 2.6.1 and 2.6.2: Acceptablejustification may include, for example, (a) an Athlete or a team doctor carrying Prohibited Substances or Prohibited Methods fordealing with acute and emergency situations (e.g., an epinephrine auto-injector), or (b) an Athlete Possessing a Prohibited Substanceor Prohibite... |
]*C8* [Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance. |
]*C9* [Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete SupportPersonnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or professionallydisciplined in relation to doping. |
This also prohibits association with any other Athlete who is acting as a coach or Athlete SupportPerson while serving a period of Ineligibility. |
Some examples of the types of association which are prohibited include: obtainingtraining, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bodilyproducts for analysis; or allowing the Athlete Support Person to serve as an agent or representative. |
Prohibited association need notinvolve any form of compensation. |
While Article 2.10 does not require the Anti-Doping Organization to notify the Athlete or otherPerson about the Athlete Support Person’s disqualifying status, such notice, if provided, would be important evidence to establishthat the Athlete or other Person knew about the disqualifying status of the Athlete Support Per... |
]*C10* [Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protectPersons who knowingly make false reports.] |
[Comment to Article 2.11.2: Retaliation would include, for example, actions that threatenthe physical or mental well-being or economic interests of the reporting Persons, their families or associates. |
Retaliation would notinclude an Anti-Doping Organization asserting in good faith an anti-doping rule violation against the reporting Person. |
For purposesof Article 2.11, a report is not made in good faith where the Person making the report knows the report to be false. |
]*C11* [Comment to Article 3.1: This standard of proof required to be met by World Archery is comparable to the standard which isapplied in most countries to cases involving professional misconduct. |
]*C12* [Comment to Article 3.2: For example, World Archery may establish an anti-doping rule violation under Article 2.2 based onthe Athlete’s admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from eitheran A or B Sample as provided in the Comments to Article 2... |
]*C13* [Comment to Article 3.2.1: For certain Prohibited Substances, WADA may instruct WADA-accredited laboratories not toreport Samples as an Adverse Analytical Finding if the estimated concentration of the Prohibited Substance or its Metabolites orMarkers is below a Minimum Reporting Level. |
WADA’s decision in determining that Minimum Reporting Level or in determiningwhich Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to challenge. |
Further, thelaboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. |
In no event shall thepossibility that the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Levelconstitute a defense to an anti-doping rule violation based on the presence of that Prohibited Substance in the Sample. |
]*C14* [Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departurefrom the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. |
Thus, once theAthlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is thesomewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, theburden shifts to World Archery to prove to ... |
]Version 2021-01-05 17:15:34 Page 34 / 39*C15* [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection orhandling, Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., theInternational Standard for Educati... |
Similarly,World Archery’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti-dopingrule violation. |
]*C16* [Comment to Article 3.2.3 (iii): World Archery would meet its burden to establish that such departure did not cause theAdverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independentwitness and no irregularities were observed. |
]*C17* [Comment to Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada-ama.org. |
TheProhibited List will be revised and published on an expedited basis whenever the need arises. |
However, for the sake of predictability,a new Prohibited List will be published every year whether or not changes have been made. |
]*C18* [Comment to Article 4.2.1: Out-of-Competition Use of a substance which is only prohibited In-Competition is not an anti-doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Samplecollected In-Competition. |
]*C19* [Comment to Article 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any way beconsidered less important or less dangerous than other doping substances or methods. |
Rather, they are simply substances andmethods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sportperformance. |
]*C20* [Comment to Article 4.4.3: If World Archery refuses to recognize a TUE granted by a National Anti-Doping Organization onlybecause medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in theInternational Standard for Therapeutic Use Exemptions, the matter ... |
Instead, the file should becompleted and re-submitted to World Archery.] |
Comment to Article 4.4.3: World Archery may agree with a National Anti-DopingOrganization that the National Anti-Doping Organization will consider TUE applications on behalf of World Archery. |
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