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The notification shall contain the information set out in the International Standar d for Testing and Investigations.
5.5.3 Where an Athlete is included in an international Registered Testing Pool by World Triathlon and in a national Registered Testing Pool by their National Anti-Doping Organization , the National Anti -Doping Organizatio n and World Triathlon shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.
5.5.4 In accordance with the International St andard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise World Triathlon of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make himself or herself available for Testing at such whereabouts.
5.5.5 For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Results Management , where the conditio ns set forth in Annex B are met.
5.5.6 An Athlete in World Triathlon Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unle ss and until World Triathlon Anti -Doping Rules 2021 20 (a) the Athlete gives written notice to World Triathlon that he or she has retired or (b) World Triathlon has informed him or her that he or she no longer satisfies the criteria for inclusion in World Triathlon ’s Registered Testing Pool .
5.5.7 Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article 5.2.
Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control , providing information relevant to the Athlete Biological Passport or other analytical results, to supp ort an investigation into a potential anti -doping rule violation, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for t he Protection of Privacy and Personal Information.
5.5.8 In accordance with the International Standard for Testing and Investigations, World Triathlon has established a secondary Testing Pool, which includes Athletes who are subject to less stringent wher eabouts requirements than Athletes included in World Triathlon ’s Registered Testing Pool .
5.5.9 World Triathlon shall notify Athletes before they are included in the Testing Pool and when they are removed.
Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicated in Articles 5.5.10 and 5.5.11.
5.5.10 Athletes included in the Testing Pool shall provide World Triathlon with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address , (b) Competition / Event schedule , and (c) Regular training activities.
Such whereabouts information shall be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations .
5.5.11 An Athlete’s failure to provide whereabouts information on or before the date required by World Triathlon or the Athle te’s failure to provide accurate whereabouts information shall result in World Triathlon elevating the Athlete to World Triathlon Registered Testing Pool .
5.5.12 World Triathlon may, in accordance with the International Standard for Testing and Investiga tions, collect whereabouts information from Athletes who are World Triathlon Anti -Doping Rules 2021 21 not included within a Registered Testing Pool or Testing Pool .
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by World Triathlon or the Athlete’s failure to provide accurate whereabouts information shall result in World Triathlon elevating the Athlete to World Triathlon ’s Register ed Testing Pool .
5.6 Retired Athlete s Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in World Triathlon ’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to World Triathlon and their National Anti -Doping Organization .
WADA , in consultatio n with World Triathlon and the Athlete's National Anti -Doping Organization , may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Athlete .
This decision may be appealed under Articl e 13.
Any competitive results obtained in violation of this Article 5.6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event .
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organization that imposed the period of Ineligibility in writing of such retirement.
If the Athlete then wishes to return to active competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or hers elf available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to World Triathlon and to their Nation al Anti -Doping Organization .
5.7 Independent Observer Program World Triathlon and the organizing committees for World Triathlon ’s Events , as well as the National Federations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events .
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited , Approved Laboratories and Other Laboratories World Triathlon Anti -Doping Rules 2021 22 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA -accredited laboratories or laboratories otherwise approved by WADA .
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by World Triathlon .
6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means.
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories.
6.2 Purpose of Analysis of Samples Samples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program described in Article 4.5 of the Code , or to assist World Triathlon in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate anti -doping purpose.
6.3 Research on Samples and Data Sample s, related analytical data and Doping Control information may be used for anti -doping research purposes, although no Sample may be used for research without the Athlete's written consent.
Samples and related analytical data or Doping Control information used for research purposes shall first be processed 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 principles set out in Article 19 of the Code.
6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , World Triathlon shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations.
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 World Triathlon .
Results from any such analysis shall be reported to World Triathlon and have the same validity and Consequences as any other analytical resul t. 6.5 Further Analysis of Samples Prior to or During Results Management or Hearing Process There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time World Triathlon notifies an Athlete that the Sample World Triathlon Anti -Doping Rules 2021 23 is the basis for an Article 2.1 anti -doping rule violation charge.
If a fter such notification World Triathlon 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 further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and directed Sample collection or WADA .
Any other Anti-Doping Organization with authori ty 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 Managem ent.
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 Laborator ies.
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 the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Labo ratories shall be followed.
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 po ssession 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 authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.
ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND World Triathlon Anti -Doping Rules 2021 24 PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner.
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, if no Sample collection is involved, the Anti-Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti -doping rule violation).
7.1.2 In circumstances where t he rules of 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 -Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federat ion or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation.
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 by 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 Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by World Triathlon or the National Anti -Doping Organization with whom the Athlete in questio n files whereabouts information, as provided in the International Standard for Results Management .
If World Triathlon 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 World Triathlon shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority sha ll be determined by reference to and in accordance with Article 7 of the Code .
7.1.6 WADA may direct World Triathlon to conduct Results Management in particular circumstances.
If World Triathlon 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 World Triathlon or, if there is no such Anti-Doping Organization , any other Anti-Doping Organization that is willing to do so.
In such case, World Triathlon shall reimburse the costs and attorney's fees of conducting World Triathlon Anti -Doping Rules 2021 25 Results Mana gement 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 World Triathl on 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, World Triathlon 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 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If World Triathlon 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 , it 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 CAS ADD 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 Article 10.2.4.1.
CAS ADD’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 World Triathlon 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 th e discretion of World Triathlon at any time prior to CAS ADD’s decision under Article 8, unless provided otherwise in the International Standard for Results Management .
7.4.3 Opportunity for Hearing or Appeal World Triathlon Anti -Doping Rules 2021 26 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 imposition of the Provisional Suspension ; or (b) an opportunity for an expedited h earing in accordance with Article 8 on a timely basis after imposition of the Provisional Suspension.
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 initiative 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 Provisio nal 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 other Person shall no t 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 requested by the Athlete or World Triathlon ) 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 continue to take part in the Event .
7.5 Results Management Decisions Results Management decisions or adjudications by World Triathlon must not purport to be limited to a particular geographic area or the World Triathlon sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violation was committed or a Provisional Su spension 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 1 0.10, any forfe iture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .
World Triathlon Anti -Doping Rules 2021 27 7.6 Notification of Results Management Decisions World Triathlon shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management .
7.7 Retirement from Sport If an Athlete or other Person retires while the World Triathlon ’s Results Management process is underway, World Triathlon retains authority to complete its Results Management process.
If an Athlete or other Person retires before any Results Management process has begun, and World Triathlon would have had Results Management authority over t he Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, World Triathlon 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, World Triathlon shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compl iance 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 World Triathlon has delegated its Article 8 responsibilities with regards to first instance hearings and decisions to CAS ADD, which has jurisdiction to hea r and determine whether 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 .
The procedural rules of CAS ADD pertaining to the first instance hearing shall apply.
8.1.1.
2 CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally In dependent hearing panel in compliance with the Code and the International Standard for Results Management .
8.1.2 Hearing process 8.1.2.1 When World Triathlon sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or World Triathlon Anti -Doping Rules 2021 28 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 CAS ADD for hearing and adjudication, which shall be co nducted in accordance with the principles described in Articles 8 and 9 of the International Standard for Results Management and CAS ADD Rules .
8.1.2.
2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to th ese Anti -Doping Rules may be conducted by an expedited process where permitted by CAS ADD.
8.1.2.
3 WADA, the National Federation and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing as observers.
In any event, World Triathlon 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, CAS ADD shall 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.
8.2.2 World Triathlon 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 rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by World Triathlon .
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that asser tion within fifteen (15) days or as otherwise specified in the notice sent by the World Triathlon 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 CAS ADD shall not be required.
Instead World Triathlon shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management World Triathlon Anti -Doping Rules 2021 29 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 World Triathlon 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 .
World Triathlon shall Publicly Disclose that decision i n 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 , World Triathlon (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS1.
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 resulting Consequences , including forfe iture of any medals, points and prizes.
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 during 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 prizes, except as provided in Article 10.1.2.
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete ’s anti -doping rule violation and whether the Athlete tested negative in the other Competitions .
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 Competition s shall not be 1 Nothing set out in Article 8.4 precludes the Athlete or other Person and ITU (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 .
World Triathlon Anti -Doping Rules 2021 30 Disqualified , unless the Athlete's results in Competition s other than the Competition in which the anti -dopin g 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 Articles 2.1, 2.2 or 2.6 shall be as follows, subject to potential reduction or suspension pursuant to Articles 10.