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Samples and related analytical data or Doping Control information used for research purposes shall first be proce ssed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete . |
Any research involving Samples and related analytical data or Doping Control information shall adhere to the pr inciples set out in Article 19 of the Code .29 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , the WKF shall ask laboratories to analyze Samples in conf... |
27 [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA. |
Violations of oth er Articles may be established using analytical results from other laboratories so long as the results are reliable.] |
28 [Comment to Article 6.2.1: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.] |
29 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for qu ality assurance, quality improvement, method impr ovement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non -research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code , as well as the requirements of the International Stand... |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 22 of 66 Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by the WKF . |
Results from any such analysis shall be reported to the WKF and have the same validity and Consequences as any other analytical result.30 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis... |
If after such notification the WKF wishes to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body . |
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti -Doping Rule Violation Charge After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may b e stored and subjected to... |
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Management . |
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization shall be at WADA ’s or that organization's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
6.7 Split of A or B Sample Where WADA , an Anti-Doping Organization with Results Management authority , and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority ) wishes to split an A or B Sample for the purpose of using the first part of ... |
6.8 WADA ’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization . |
Upon request by WADA , the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA 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. |
After analysis and any investigation of a seized Sample or data , WADA may direct another Anti-Doping Organization with 30 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample anal ysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.] |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 23 of 66 authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.31 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL ... |
7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated and directed Sample collection (or,... |
7.1.2 In circumstances where the rules o f a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of that country, or the National Anti -Dopin g Organization... |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by the WKF or the National Anti -Doping Organi zation with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management ... |
If the WKF 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 the WKF 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 31 [Comment to Article 6.8: Resistance or refusal to WADA taking phy... |
Where necessary, th e laboratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non -compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to chal lenge. |
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences. ] |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 24 of 66 accordance with Article 7 of the Code . |
7.1.6 WADA may direct the WKF to conduct Results Management in particular circumstances . |
If the WKF 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 responsibilit... |
In such case, the WKF 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 Revie w and Notification Regarding Potential Anti -Doping Rule Violations The WKF 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 . |
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, the WKF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule viola... |
7.4 Provisional Suspensions 32 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If the WKF 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 mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the WKF ’s Hearing Panel that the violation is likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under ... |
The WKF ’s 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 Substan ces, Specified Methods, Contaminated Products , or Other Anti-Doping Rule Violations 32 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by the WKF , the internal review specifie... |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 25 of 66 The WKF 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 be lifted at the discretion of the WKF at any time prior to the WKF ’s 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 Articles 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... |
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 an... |
Other Persons on their own initi ative 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 mann er 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 m... |
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 Athlete or the WKF ) 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 Ar... |
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... |
7.5 Results Management Decisions Results Management decisions or adjudications by the WKF must not purport to be limited to a particular geographic area or the WKF ’s sport and shall address and determine without limitation World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Pa... |
7.7 Retirement from Sport34 If an Athlete or other Person retires while the WKF ’s Results Management process is underway , the WKF retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Result s Management process has begun, and the WKF 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, the WKF has authority to conduct Results Management ... |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, the WKF shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the ... |
8.1 Fair Hearing s 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel 8.1.1.1 The WKF shall establish a Hearing Panel which has jurisdiction to hear and determine whether an Athlete or other Person , subject to these Anti-Doping Rules, has committed an anti -doping rule violation and, if applica... |
8.1.1.2 The WKF shall ensure that its Hearing Panel is free of conflict of interest and that its composition, term of office , professional experience, Operational Independence and adequate financing 33 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by the WKF should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruli ng body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. |
For example, for a determination that an Athlete committed 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 Athlete from the... |
34 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying th e Athlete or other Person membership in a sports organiz... |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 27 of 66 comply with the requirements of the International Standard for Results Management . |
8.1.1.3 Board members, staff members, commission members, consultants and officials of the WKF 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 such clerk is involved in the deliberation process and/or drafting of any decision) of the WKF’s Hearing Panel]. |
In particular, no member shall have previously considered any TUE application, Results Management decision, or appeals in the same given case. |
8.1.1.4 The WKF ’s Hearing Panel shall consist of an independent Chair and four (4) other independent members. |
8.1.1.5 Each member shall be appointed by taking into consideration their requisite anti -doping experience including their legal, sports, medical and/or scientific expert ise. |
Each member shall be appointed for a once renewable term of three (3) years. |
8.1.1. |
6 The WKF ’s Hearing Panel shall be in a position to conduct the hearing and decision -making process without interference from the WKF or any third party. |
8.1.2 Hearing Process 8.1.2.1 When the WKF 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 with Article 8.3.1 or Article 8.3.2 , then the case shall be referred to the WKF ’s Hearing Pa... |
8.1.2.2 The Chair shall appoint either three (3) members (which may include the Chair) or a single adjudicator (which can be the Chair) to hear a case, depending on the nature of the charge and the evidence put forward. |
When three (3) members 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 relevant medical experience. |
When 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 WKF ’s Hearing Panel, each member must also sign a declaration that there are no facts or circumstances 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 de... |
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 World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 28 of 66 conducted by an expedited process where permitted by the WKF’s Hearing Pa... |
In any event, the WKF 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 WKF ’s 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 , ... |
8.2.2 The WKF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 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 the WKF . |
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 WKF asserting the violation, then they shall be deemed to have admitted the violation, to have... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before WKF’ s Hearing Panel shall not be required. |
Instead , the WKF 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 justif... |
8.3.4 The WKF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS . |
The WKF shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , the WKF (where it has Results 35 [Comment to Article 8.1.2.4: For example, a hearing could be expedited o... |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 29 of 66 Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS.36 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in In... |
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 negative in the other Competitions .38 10.1.2 If the Athlete establishes that he or she bears No Fault or Neg... |
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... |
Where all of the parties identified in this Articl e 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 extra 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 the WKF (where it has Results Management responsibility) to waive their right 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. ] |
37 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualifica tion of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqua lification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation.] |
38 [Comment to Article 10.1.1: Whereas Artic le 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g ., the swimming World Championships).] |
World Karate Federation (WKF) Anti -Doping Rules – in effect as of 1st January 2021 Page 30 of 66 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 viol ation was not intentional.3... |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is mea nt 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 ma... |
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 Substa nce and the Athlete can establish that the Prohibited Substance was Used Out-of-Competiti... |
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