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Independent Observer Program : A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
Indivi dual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization respon sible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization , or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event .
Internation al-Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and World Triathlon Anti -Doping Rules 2021 64 Investigations.
For the sport of [please insert the appropriate sport], International -Level Athletes are defined as set out in the Scope section of the Introduction to these Anti -Doping Rules.
International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to anothe r alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued pursuant to the Interna tional Standard .
Major Event Organizations : The continental associations of National Olympic Committees and other international multi -sport organizations that function as the ruling body for any continental, regional or other International Event .
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method .
Metabolite : Any substance produced by a biotransformation process.
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding .
Minor : A natural Person who has not reached the age of eighteen (18) years.
National Anti -Doping Organization : The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti -doping rules, direct the collection of Samples , the management of test results, and the conduct of hearings at the national level.
If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
National Event : A sport Event or Competition involving International - or National -Level Athletes that is not an International Event .
National Federation : A national or regional entity which is a member of or is recognized by World Triathlon as the entity governing World Triathlon ’s sport in that nation or region.
National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti -Doping Organization , consistent with the International Standard for Testing and Investigations.
National Olympic Committee : The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countri es where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -doping area.
World Triathlon Anti -Doping Rules 2021 65 No Fault or Negligence : The Athlete or other Person's establishing that he or she did not know or suspect, and could not reasona bly have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti -doping rule .
Except in the case of a Protected Person or Recreati onal Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
No Significant Fault or Negligence : The Athlete or other Person's establishing that any Fault or negligence, when vi ewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence , was not significant in relationship to the anti -doping rule violation.
Except in the case of a Protected Person or Recreational Athlete , for any viol ation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
Operational Independence : This means that (1) board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation 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 hearing panels of that Anti-Doping Orga nization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti-Doping Organization or any third party.
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition : Any period which is not In-Competition .
Participant : Any Athlete or Athlete Support Person .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends t o exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohi bited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti -doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti -doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in this definition, the purchase (inclu ding by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.
World Triathlon Anti -Doping Rules 2021 66 Prohibited List : The List identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List .
Protected Person : An Athlete or other natural Person who at the time of the anti -doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.
Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing un der Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.
Provisional Suspension : See Consequences of Anti -Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti-Doping Rule Violations above.
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organization ; provided, however, the term shall not include any Person who, within the five (5) years prior to committing any anti-doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti -Doping Organization .
Regional Anti -Doping Organization : A regional entity designated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which m ay include the adoption and implementation of anti -doping rules, the planning and collection of Samples , the management of results, the review of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level.
Registered Testin g Pool : The pool of highest -priority Athletes established separately at the international level by International Federations and at the national level by National Anti -Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.5 and the International Standard for Testing and Investigations.
Results Management : The process encompassing the timeframe between notification as per Article World Triathlon Anti -Doping Rules 2021 67 5 of the International Standard for Results Management , or in certain cases (e.g., Atypical Finding , Athlete Biological Passport , whereabouts failure), such pre -notification steps expressly provided for in Article 5 of the International Standard for Results Management , through the charge until the final resolution of the matter, including the end of the hearing process at first instanc e or on appeal (if an appeal was lodged).
Sample or Specimen : Any biological material collected for the purposes of Doping Control .
Signatories : Those entities accepting the Code and agreeing to implement the Code , as provided in Article 23 of the Code .
Specified Method: See Article 4.2.2.
Specified Substance : See Article 4.2.2.
Strict Liability : The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault , negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti -doping rule violation.
Substance of Abuse : See Article 4.2.3.
Substantial Assistance : For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or recorded interview all information he or she possesses in r elation to anti -doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a h earing if requested to do so by an Anti-Doping Organization or hearing panel.
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, mus t have provided a sufficient basis on which a case or proceeding could have been brought.
Tampering : Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods .
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample , affecting or making impossible the analysis of a Sample , falsifying documents submitted to an Anti-Doping Organiz ation or TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control .
Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigatio ns.
Team: A combination of Participants participating or competing as one entity in a Competition or Event .
For World Triathlon , this definition of Team is applicable not only to Team Sports but also to World Triathlon Anti -Doping Rules 2021 68 other sports where substitution of Athletes is not p ermitted and notably, in paratriathlon, where a visually impaired Athlete is competing along with a guide.
Team Sport : A sport in which the substitution of players is permitted during a Competition .
Technical Document : A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti -doping topics as set forth in an International Standard .
Testing : The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
Testing Pool : The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in order to locate and Test the Athle te Out -of-Competition .
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Stan dard for Therapeutic Use Exemptions are met.
Trafficking : Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete , Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
UNESCO Convention : The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.
Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method .
WADA : The World Anti -Doping Agency.
Without Prejudice Agreement : For purposes of Articles 10.7.1.1 and 10.8.
2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time -limited setting with the understanding that, if an ag reement for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results World Triathlon Anti -Doping Rules 2021 69 Management proceeding under the Code , and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code .
Such an agreement shall not preclude the Anti-Doping Organization , Athlete or other Person from using any information or evidence gathered from any source other than during the specific time -limited setting described in the agre ement.
FISA ANTI-DOPING BYE-LAWS APPENDIX 14 BYE-LAWS TO RULE 100 – ANTI-DOPING FISA 2021 Anti-Doping Rules Page 2 of 67 TABLE OF CONTENTS INTRODUCTION ................................................................................................................................................. 3 ARTICLE 1 DEFINITION OF DOPING ....................................................................................................... 5 ARTICLE 2 ANTI-DOPING RULE VIOLATIONS ...................................................................................... 5 ARTICLE 3 PROOF OF DOPING ............................................................................................................... 9 ARTICLE 4 THE PROHIBITED LIST ........................................................................................................ 12 ARTICLE 5 TESTING AND INVESTIGATIONS ...................................................................................... 17 ARTICLE 6 ANALYSIS OF SAMPLES .................................................................................................... 22 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS .......................................................................................... 24 ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ............................................................................................................................... 28 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ..................................... 29 ARTICLE 10 SANCTIONS ON INDIVIDUALS ........................................................................................... 30 ARTICLE 11 CONSEQUENCES TO TEAMS ............................................................................................ 42 ARTICLE 12 SANCTIONS BY FISA AGAINST OTHER SPORTING BODIES ...................................... 42 ARTICLE 13 RESULTS MANAGEMENT : APPEALS ............................................................................. 43 ARTICLE 14 CONFIDENTIALITY AND REPORTING .............................................................................. 47 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................................................................... 52 ARTICLE 16 STATUTE OF LIMITATIONS ................................................................................................ 53 ARTICLE 17 EDUCATION .......................................................................................................................... 53 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER FEDERATIONS .......... 53 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF FISA .............................................. 55 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ROWERS ...................................... 55 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ......................................................................................................................... 56 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI-DOPING RULES ............................................................................................ 56 ARTICLE 23 INTERPRETATION OF THE CODE ..................................................................................... 57 ARTICLE 24 FINAL PROVISIONS ............................................................................................................. 57 APPENDIX 1 DEFINITIONS ......................................................................................................................... 60 FISA 2021 Anti-Doping Bye-Laws Page 3 of 67 FISA ANTI-DOPING BYE-LAWS APPENDIX 14 BYE-LAWS TO RULE 100 – ANTI-DOPING INTRODUCTION Preface These Anti-Doping Bye-Laws are adopted and implemented in accordance with FISA's responsibilities under the Code, and in furtherance of FISA's continuing efforts to eradicate doping in sport.
These Anti-Doping Rules are sport rules governing the conditions under which sport is played.
Aimed at enforcing anti-doping rules in a global and harmonised manner, they are distinct in nature from criminal and civil laws.
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights.
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Bye-Laws, which implement the Code, and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code, FISA shall be responsible for conducting all aspects of Doping Control .
Any aspect of Doping Control or anti-doping Education may be delegated by FISA to a Delegated Third Party, such as the International Testing Agency (ITA), however, FISA shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards , and these Anti-Doping Bye-Laws.
FISA may delegate its adjudication responsibilities and parts of Results Management to the CAS Anti-Doping Division.
When FISA has delegated its responsibilities to implement part or all of Doping Control to the ITA or to another Delegated Third Party, any reference to FISA in these Bye-Laws should be intended as a reference to the ITA or to the other Delegated Third Party , where applicable and within the context of the aforementioned delegation.
FISA shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code.
Italicized terms in these Anti-Doping Bye-Laws are defined in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Bye-Laws.
Fundamental Rationale for the Code and FISA's Anti-Doping Rules Anti-doping programs are founded on the intrinsic value of sport.
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Rower’s natural talents.
Anti-doping programs seek to protect the health of Rowers and to provide the opportunity for Rowers to pursue human excellence without the Use of Prohibited Substances and Prohibited Methods .
Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind.
It is the essence of Olympism and is reflected in the values we find in and through sport, including: FISA 2021 Anti-Doping Bye-Laws Page 4 of 67  Health  Ethics, fair play and honesty  Rowers’ rights as set forth in the Code  Excellence in performance  Character and Education  Fun and joy  Teamwork  Dedication and commitment  Respect for rules and laws  Respect for self and other Participants  Courage  Community and solidarity The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
Scope of these Anti-Doping Rules These Anti-Doping Rules shall apply to: (a) FISA, including its board members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of FISA’s Member Federations , including their board members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (c) the following Rowers, Athlete Support Personnel and other Persons: (i) all Rowers and Athlete Support Personnel who are members of FISA, or of any Member Federation , or of any member or affiliate organisation of any Member Federation (including any clubs, teams, associations, or leagues); (ii) all Rowers and Athlete Support Personnel who participate in such capacity in Events, Competitions and other activities organised, convened, authorised or recognised by FISA, or any Member Federation , or by any member or affiliate organisation of any Member Federation (including any clubs, teams, associations, or leagues), wherever held; (iii) any other Rower or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of FISA, or of any Member Federation , or of any member or affiliate organisation of any Member Federation (including any clubs, teams, associations, or leagues), for purposes of anti-doping; and (iv) Rowers who are not regular members of FISA or of one of its Member Federations but who want to be eligible to compete in a particular International Event .
Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti-Doping Bye-Laws, and to have submitted to the authority of FISA to enforce these Anti-Doping Rules, including any Consequences for the breach thereof, FISA 2021 Anti-Doping Bye-Laws Page 5 of 67 and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti-Doping Bye-Laws.1 It is the responsibility of each Member Federation that decides to engage in Doping Control activities itself (independently from the Doping Control activities of its National Anti-Doping Organisation ) to ensure that all Doping Control activities conducted at the national level on the Member Federation ’s Rowers complies with these Anti-Doping Bye-Laws.
These Anti-Doping Rules shall apply without limitation to all Doping Control activities over which FISA or its Member Federations have authority.
Within the overall pool of Rowers set out above who are bound by and required to comply with these Anti-Doping Bye-Laws, the following Rowers shall be considered to be International-Level Rowers for the purposes of these Anti-Doping Bye-Laws, and, therefore, the specific provisions in these Anti-Doping Bye-Laws applicable to International-Level Rowers (e.g., Testing, TUEs, whereabouts, and Results Management ) shall apply to such Rowers: (a) Rowers who are part of the FISA’s Registered Testing Pool or FISA’s Testing Pool (if one is established) ; (b) Rowers who participate in the following FISA Events:  World Rowing Cup Regattas;  World Rowing Championships for Seniors, U23 and Juniors;  Olympic, Youth Olympic and Paralympic Qualification Regattas;  Paralympic Games Rowing Regattas ARTICLE 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.11 of these Anti-Doping Rules.
ARTICLE 2 ANTI-DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations.
Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.
1 [Comment: Where the Code requires a Person other than a Rower or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti-doping rule violation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method.
Rather, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation).
Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3.
Also, the obligation to require an employee to be bound by the Code is subject to applicable law.