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The standard of proof shall be whether World Triathlon has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made.
This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.
Where these Anti -Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish World Triathlon Anti -Doping Rules 2021 10 specified facts or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.
3.2 Methods of Establishing Facts and Presumptions Facts related to anti -doping rule violations may be established by any reliable means, including admissions.
The following rules of proof shall be applicable in doping cases: 3.2.1 Analytical meth ods or Decision Limits approved by WADA after consultation within the relevant scientific community or which have been the subject of peer review are presumed to be scientifically valid.
Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met or to rebut this presumption of scientific validity shall, as a c ondition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge.
The initial hearing body, appellate body or CAS, on its own initiative, may also inform WADA of any such challenge.
Within ten (10) days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provide evidence in such proceeding.
In cases before CAS, at WADA ’s request, the CAS panel shal l appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge .
3.2.2 WADA -accredited laboratories, and other laboratories approved by WADA , are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories.
The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding .
If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then World Triathlon shall have the burden to establish that such depa rture did not cause the Adverse Analytical Finding .
3.2.3 Departures from any other International Standard or other anti -doping rule or policy set forth in the Code or these Anti -Doping Rules shall not invalidate analytical results or other evidence of an anti -doping rule violation, and shall not constitute a defense to an anti -doping rule violation; provided, however, if the Athlete or other Person establishes that a departure from one of the specific International Standard provisions listed below could reasona bly have caused an anti-doping rule violation based on an Adverse Analytical Finding or whereabouts failure, then World Triathlon shall have the burden to establish that such departure World Triathlon Anti -Doping Rules 2021 11 did not cause the Adverse Analytical Finding or the whereabouts failure : (i) a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding , in which case World Triathlon shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ; (ii) a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to an Adverse Passport Finding which could reasonably have caused an anti -doping rule violation, in which case World Triathlon shall have the burden to establish that such departure did not cause the anti -doping rule violation; (iii) a departure from the International Standard for Results Management related to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding , in which case World Triathlon shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ; (iv) a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an anti -doping rule violation based on a whereabouts failure, in which case World Triathlon shall have the burden to establish that such departure did not cause the whereabouts failure.
3.2.4 The facts established by a decision o f a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or ot her Person establishes that the decision violated principles of natural justice.
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer quest ions from the hearing panel or World Triathlon .
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code .
World Triathlon Anti -Doping Rules 2021 12 Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA , without requiring an y further action by World Triathlon or its National Federations.
All Athletes and other Persons shall be bound by the Prohibited List , and any revisions thereto, from the date they go into effect, without further formality.
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up-to-date version of the Prohibited List and all revisions thereto.
World Triathlon shall provide its National Federations with the most recent version of the Prohibited List .
Each National Federation shall in turn ensure that its members, and the constituents of its members, are also provided with the most recent version of the Prohibited List 4.2 Prohibited Substances and Proh ibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition ) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only.
The Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.
4.2.2 Specified Substances or Specified M ethods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List .
No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List .
4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.
4.3 WADA ’s Determination of the Prohibited List World Triathlon Anti -Doping Rules 2021 13 WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In- Competition only, the classification of a substance or method as a Specified Substance , Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
4.4 Therapeutic Use Exemptions (“TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attemp ted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti -doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the Internat ional Standard for Therapeutic Use Exemptions .
4.4.2 TUE Applications 4.4.2.1.
Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE.
If the National Anti -Doping Organization denies the application, the Athlete may appeal exclusively to the national -level appeal body described in Article 13.2.2.
4.4.2.2 Athletes who are International -Level Athletes shall apply to World Triathlon for a TUE.
4.4.3 TUE Recognition 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti-Doping Organization for the substance or method in question, that TUE shall be recognized by World Triathlon and be automatically valid for international -level Competition so long as World Triathlon is informed of the granted TUE in a timely manner, prior to the ir next Competition , and so long as the World Triathlon ’s Therapeutic Use Exemption Committee (“TUEC”) is satisfied that the TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions .
If World Triathlon considers that the TUE does not meet those criteria and so refuses to recognize it, World Triathlon shall notify the Athlete and the Athlete’s National Anti-Doping Organization promptly, with reasons.
The Athlete and the National Anti -Doping Organization shall have twenty one ( 21) days from such notification to refer the matter to WADA for review in accordance with Artic le 4.4.
7.
World Triathlon Anti -Doping Rules 2021 14 If the matter is referred to WADA for review, the TUE granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ) pending WADA’s decision.
If the matter is not referred to WADA for review within the twenty one (21) day deadline , the Athlete’s National Anti -Doping Organization must determine whether the original TUE granted by that National Anti -Doping Organization should nevertheless remain valid for national -level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International -Level Athlete and does not participate in international -level Competition ).
Pending the National Anti -Doping Organization’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ).
4.4.3.2 If World Triathlon chooses to test an Athlete who is not an International -Level Athlete , World Triathlon must recognize a TUE granted to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International St andard for Therapeutic Use Exemptions.
4.4.4 TUE Application Process 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to World Triathlon .
4.4.4.2 An application to World Triathlon for grant or recognition of a TUE must be made as soon as possible, at least 30 days before the Athlete’s next Compe tition , save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply.
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on World Triathlon website.
4.4.4.3 World Triathlon shall establish a TUEC to consider applications for the grant or recognition of TUEs. i.
The TUEC shall consist of a Chair and at least four (4) other members with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine.
Each appointed member shall serve a renewable term of four (4) years .
ii.
Before serving as a member of the TUEC, each member must sign a World Triathlon Anti -Doping Rules 2021 15 conflict of interest and confidentiality declaration.
The appointed members shall not be World Triathlon employees .
iii.
When an application to World Triathlon for the grant of a TUE is made, the Anti-Doping Director shall appoint three (3) members to consider the application.
iv.
When an application to World Triathlon for the recognition of a TUE is made, the Anti -Doping Director shall appoint one (1) or three (3) members depending on the complexity of the application to consider the application.
v. Before considering a TUE application, each member , appointed on a rotational basis to consider a particular application, shall disclose to the Anti-Doping Director any circumstances likely to affect their impartiality with respect to the Athlete making the application.
If a membe r appointed by the Anti-Doping Director to consider an application is unwilling or unable to assess the Athlete ’s TUE application, for any reason, the Anti-Doping Director may appoint a replacement or appoint a new TUEC (e.g., from the pre -established pool of candidates).
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one (21) days of receipt of a complete application.
Where the application is made in a reasonable time prior to an Event , the TUEC must use its best endeavors to issue it s decision before the start of the Event .
4.4.4.5 The TUEC decision shall be the final decision of World Triathlon and may be appealed in accordance with Article 4.4.7 World Triathlon TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions .
It shall also promptly be reported into ADAMS .
4.4.4.6 If World Triathlon (or the National Anti -Doping Organization , where it has agreed to consider the application on behalf of World Triathlon ) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If World Triathlon grants the Athlete’s application, it must notify not only the Athlete but also their National An ti-Doping Organization .
If the National Anti -Doping Organization considers that the TUE granted by World Triathlon does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notifi cation to refer the matter to WADA for review in accordance with Article 4.4.7.
World Triathlon Anti -Doping Rules 2021 16 If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by World Triathlon remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition ) pending WADA’s decision.
If the National Anti -Doping Organization does not refer the matter to WADA for review, the TUE grant ed by World Triathlon becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If World Triathlon chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete , and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, World Triathlon must permit that Athlete to apply for a retroactive TUE.
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on re view by WADA or on appeal.
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal, or reversal of the TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortl y after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shall be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review World Triathlon decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organization.
In addition, WADA must review World Triathlon decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization .
WADA may review any other TUE decisions at any time, whether upo n World Triathlon Anti -Doping Rules 2021 17 request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it.
If the TUE decision does not meet those crite ria, WADA will reverse it.
4.4.7.2 Any TUE decision by World Triathlon (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of World Triathlon ) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti -Doping Organization, exclusively to CAS.
4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organization and/or World Triathlon , exclusively to CAS.
4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be c onsidered a denial of the application thus triggering the applicable rights of review/appeal.
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations 5.1.1 Testing and investigations may be undertaken for any anti-doping purpose.
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and the specific protocols of World Triathlon supplementing that International Standard , the protocols of a Delegate d Third Party to whom World Triathlon has delegated Doping Control .
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 (Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method ).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, World Triathlon shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”).
5.2.2 World Triathlon may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.
5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority World Triathlon Anti -Doping Rules 2021 18 as set out in Article 20.7.10 of the Code 5.2.4 It World Triathlon delegates or contracts any part of Testing to a National Anti-Doping Organization directly or through a National Federation, that National Anti-Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organization’s expense.
If additional Samples are collected or additional types of analysis are performed, World Triathlon shall be notified.
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period .
At International Events , World Triathlon (or other international organization which is the ruling body for an Event ) shall have authority to conduct Testing .
At National Events , the National Anti -Doping Organization of that country shall have authority to conduct Testing .
At the request of World Triathlon (or other international organization which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with World Triathlon (or the relevant ruling body of the Event ).
5.3.2 If an Anti-Doping Organization, which would otherwise have Testing authority but is not re sponsible for initiating and directing Testing at an Event , desires to conduct Testing of Athletes at the Event Venues during the Event Period , the Anti-Doping Organization shall first confer with World Triathlon (or other international organization which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing .
If the Anti-Doping Organization is not satisfied with the response from World Triathlon (or other international organization which is the ruling body of the Event ), the Anti-Doping Organization may, in accordance with the procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testing .
WADA shall not grant approval for such Testing before consulting with and informing World Triathlon (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be fin al and not subject to appeal.
Unless otherwise provided in the authorization to conduct Testing , such tests shall be considered Out-of-Competition tests.
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event 5.4 Testing Requirements 5.4.1 World Triathlon shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.
5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing .
World Triathlon Anti -Doping Rules 2021 19 5.5 Athlete Whereabouts Information 5.5.1 World Triathlon has e stablished a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2.
World Triathlon shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 World Triathlon shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
World Triathlon shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool , and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria.
Athletes shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool.