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7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted b y a Major Event Organization , or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results Management . |
7.1.4 Results Managemen t in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by WBF or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Sta ndard for Results Management . |
If WBF determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organizations . |
7.1.5 Other circumstances in which WBF shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code . |
7.1.6 WADA may direct WBF to conduct Results Management in particular circumstances . |
If WBF refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person , that is willing to do so, to take Results Management responsibility in place of WBF or, if there is no such Anti-Doping Organization , any other Anti-Doping Organization that is willing to do so. |
In such case, WBF 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 considered an act of non -compliance . |
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations WBF shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management . |
WBF 2021 Anti -Doping Rules Page 25 of 67 7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, WBF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule violation exists. |
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If WBF receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method , WBF shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2. |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the WBF Doping Hearing Panel that the violation is likely to have involved a Contaminated Pr oduct , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
The WBF Doping Hearing Panel ’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable. |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti-Doping Rule Violations WBF may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8 . |
An optional Provisional Suspension may b e lifted at the discretion of WBF at any time prior to the WBF Doping Hearing Panel ’s decision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Artic les 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension ; or (b) an opp ortunity for an expedited hearing in accordance with Article 8 on a timely basis after the imposition of the Provisional Suspension. |
33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by WBF , the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.] |
WBF 2021 Anti -Doping Rules Page 26 of 67 The imposition of a Provisional Suspension , or the decision not to impose a Provisional Suspension , may be appealed in an expedited process in accordance with Article 13.2. |
7.4.4 Voluntary Acceptance of Provisional Suspension Athletes 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 the notice of any other anti -doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice. |
Other Persons on their own initiati ve may voluntarily accept a Provisional Suspension if done so within ten ( 10) days from 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 same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the Athlete or other Person may withdraw such acceptance, in which event the Athlete or oth er Person shall not receive any credit for time previously served during the Provisional Suspension . |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athle te or WBF ) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. |
In circumstances where the Athlete (or the Athlete's team) has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete or team to be reinserted , without otherwise affecting the Event , the Athlete or team may contin ue to take part in the Event . |
7.5 Results Management Decisions Results Management decisions or adjudications by WBF must not purport to be limited to a particular geographic area or the WBF ’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 .34 34 [Comment to Article 7.5: R esults Management decisions include Provisional Suspensions. |
Each decision by WBF should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualificati on under Article 10.1 (which is left to the ruling body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport i n every country. |
For example, for a determination that an Athlete co mmitted an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlet e from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from WBF 2021 Anti -Doping Rules Page 27 of 67 7.6 Notification of Result s Management Decisions WBF shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14 and in the International Standard for Results Management . |
7.7 Retirement from Sport35 If an Athlete or other Person retires while the WBF ’s Results Management process is underway , WBF retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Result s Management process has begun, and WBF would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, WBF has authority to conduct Results Management . |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEA RING DECISION For any Person who is asserted to have committed an anti -doping rule violation, WBF shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1 Fair Hearing s 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 8.1.1.1 WBF shall establish a Hearing Panel the WBF Doping Hearing Panel which has jurisdiction to hear and determine whe ther an Athlete or other Person , subject to these Anti -Doping Rules, has committed an anti-doping rule violation and, if applicable, to impose relevant Consequences . |
8.1.1.2 WBF shall ensure that the WBF Doping Hearing Panel is free of conflict of intere st and that its composition, term of office , professional experience, Operational Independence and adequate financing comply with the requirements of the International Standard for Results Management . |
8.1.1.3 Board members, staff members, commission memb ers, consultants and officials of WBF or its affiliates (e.g. |
National Federation s or confederation), as well as any Person involved in the investigation and pre -adjudication of the matter, cannot be appointed as members and/or clerks (to the extent that s uch clerk is involved in the deliberation process and/or drafting of any decision) of the WBF Doping Hearing Panel . |
In particular, no member shall have Testing at an Event, it would be the Major Event Organization’s responsi bility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1. ] |
35 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was sub ject to the authority of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organization.] |
WBF 2021 Anti -Doping Rules Page 28 of 67 previously considered any TUE application, Results Management decision, or appeals in the same given case. |
8.1.1.4 The WBF Doping Hearing Panel shall consist of an independent Chair and from two (2) to six (6) other independent members. |
8.1.1.5 Each member shall be appointed by taking into consideration their requisite anti -doping experience including t heir legal, sports, medical and/or scientific expertise. |
Each member shall be appointed for a once renewable term of four (4) years. |
8.1.1. |
6 The WBF Doping Hearing Panel shall be in a position to conduct the hearing and decision -making process without in terference from WBF or any third party. |
8.1.2 Hearing Process 8.1.2.1 When WBF 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 accordan ce with Article 8.3.1 or Article 8.3.2 , then the case shall be referred to the WBF Doping Hearing Panel for hearing and adjudication , which shall be conducted in accordance with the principles described in Article s 8 and 9 of the International Standard for Results Management . |
8.1.2.2 The Chair shall appoint either three (3) members (which may include the Chair) or a single adjudicator , who can be the Chair, to hear a case , depending on the nature of the charge and the evidence put forward . |
When three memb ers are appointed to hear a case, one (1) panel member shall be a qualified lawyer , with no less than three (3) years of relevant legal experience , and one (1) panel member shall be a qualified medical practitioner , with no less than three (3) years of rel evant medical experience. |
If a single adjudicator is appointed, he/she shall have a legal background . |
8.1.2.3 Upon appointment by the Chair as a member of the WBF Doping Hearing Panel , each member must also sign a declaration that there are no facts or c ircumstances known to him or her which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the declaration. |
8.1.2.4 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by the WBF Doping Hearing Panel .36 8.1.2.5 WADA , the National Federation and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing 36 [Comment to Article 8.1.2.4: For exa mple, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete 's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete 's results or continued participation in the Event.] |
WBF 2021 Anti -Doping Rules Page 29 of 67 as observers. |
In any event, WBF shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the WBF Doping Hearing Panel shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which i ncludes the full reasons for the decision , the period of Ineligibility imposed , the Disqualification of results under Article 10.10 and, if applicable , a justification for why the greatest potential Consequences were not imposed. |
8.2.2 WBF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Articl e 13.2.3 , and shall promptly report it into ADAMS . |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping violation is asserted may waive a hearing expressly and agree with the Consequences proposed by WBF . |
8.3.2 However , if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty ( 20) days or the deadline otherwise specified in the notice sent by the WBF asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation, and to have accepted the proposed Consequences . |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the WBF Doping Hear ing Panel shall not be required. |
Instead WBF shall promptly issue a written decision that conforms with Article 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, a justification for why the greatest potential Consequences were not imposed. |
8.3.4 WBF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizati ons with a right to appeal under Article 13.2.3 , and shall promptly report it into ADAMS . |
WBF shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against Internationa l-Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , WBF (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS.37 37 [Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case d e novo before CAS can be very substantial. |
Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti -Doping Organizations to incur the e xtra expense of two (2) hearings. |
An Anti -Doping Organization may participate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or other Person and WBF (where it has Results WBF 2021 Anti -Doping Rules Page 30 of 67 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resultin g Consequences , including forfeiture of any medals, points and prizes.38 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring d uring or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences , including forfeiture of all medals, points and pr izes, 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, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negat ive in the other Competitions .39 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competi tions other than the Competition in which the anti -doping rule violation occurred were likely to have been affected by the Athlete's anti-doping rule violation. |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1 The period of Ineligibility , subje ct to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti -doping rule violation does not involve a Specified Substance or a Specified Method , unless the Athlete or other Person can establish that the anti -doping rule violation was not intent ional.40 Management responsibility) to waive their ri ght to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.] |
38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqu alified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have com mitted an anti -doping rule violation shall be as provided in the applicable rules of the International Federation.] |
39 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., th e swimming World Championships).] |
40 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Pers on to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that i n a WBF 2021 Anti -Doping Rules Page 31 of 67 10.2.1.2 The anti -doping rule violation involves a Specified Substance or a Specified Method and WBF can establish that the anti -doping rule violation was intentional. |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the p eriod of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct 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 the Athlete can establish that the Prohibited Substance was Used Out-of-Competition . |
An anti -doping rule violation resulting from an Adverse Ana lytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional ” if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.41 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti -doping rule violation involves a Substance of Abuse : 10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Out-of-Competiti on and was unrelated to sport 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 program approved by WBF . |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.42 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Articl e 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4. doping case under Article 2.1 an Athlete will be successful in proving that the Athle te acted unintentionally without establishing the source of the Prohibited Substance.] |
41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for p urposes of Article 10.2.] |
42 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of WBF . |
This Article is intended to give WBF the leew ay to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.] |
WBF 2021 Anti -Doping Rules Page 32 of 67 10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can e stablish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibility shall be two (2) years; (ii) in all other cases, if the Athlete or other Person can establish exceptional circumstances that justify a reduction of the period of Ineligibility , the period of Ineligibility shall be in a range from two (2) years to four (4) years depending on the Athlete or other Person ’s degree of Fault ; or (iii) in a case involving a Protected Person or Recreational Athlete , the p eriod of Ineligibility shall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility , depending on the Protected Person or Recreational Athlete ’s degree of Fault . |
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum 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 availabl e to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing . |
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athle te Support Personnel for 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 regulation s, shall be reported to the competent administrative, professional or judicial authorities.43 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation. |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstance s of the case.44 43 [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than th e Athletes who test positive. |
Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent author ities is an important step in the deterrence of doping.] |
44 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that enti ty may be disciplined as provided in Article 12.] |
WBF 2021 Anti -Doping Rules Page 33 of 67 10.3.6 For violations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation by the Athlete or other Person .45 10.4 Aggravating Circum stances which may Increase the Period of Ineligibility If WBF establishes in an individual case involving an anti -doping rule violation other than violations under Article 2.7 ( Trafficking or Attempted Trafficking ), 2.8 ( Administration or Attempted Admin istration ), 2.9 (Complicity or Attempted Complicity ) or 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of the Aggravating Circumstances , unless the Athlete or other Person can establish that he or she did not knowingly commit the anti -doping rule violation.46 10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence If an Athlete or other Person establishes in a n individual case that he or she bears No Fault or Negligence , then the otherwise applicable period of Ineligibility shall be eliminated.47 10.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence 10.6.1 Reduction of Sanc tions 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. |
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involve s a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Athlete or other Person can establish No Significant Fault or 45 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities ) shall be sanctioned based on the violation that carries the more severe sanction.] |
46 [Comment to Arti cle 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Repor ting to Authorities ) are not included in the application of Article 10.4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.] |
47 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an A thlete could prove that, despite all due care, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritiona l supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s perso nal physician or trainer without dis closure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or dri nk by a spouse, coach or other Perso n within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). |
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