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Pending the National Anti-Doping Organisation ’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 FISA chooses to test a Rower who is not an International-Level Rower, FISA must recognise a TUE granted to that Rower by their National Anti-Doping Organisation unless the Rower is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions . |
4.4.4 TUE Application Process 21 20 [Comment to Article 4.4.3: If FISA refuses to recognise a TUE granted by a National Anti-Doping Organisation only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. |
Instead, the file should be completed and re-submitted to FISA.] |
[Comment to Article 4.4.3: FISA may agree with a National Anti-Doping Organisation that the National Anti-Doping Organisation will consider TUE applications on behalf of FISA.] |
21 [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or FISA, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other FISA 2021 Anti-Doping Bye-Laws Page 15 of 67 4.4.4.1 If the Rower does not already have a TUE granted by their National Anti-Doping Organisation for the substance or method in question, the Rower must apply directly to FISA in ADAMS. |
4.4.4.2 An application to FISA for grant or recognition of a TUE must be made as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply. |
The application shall be made at least thirty (30) days before the Rower’s next Competition , in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on FISA’ website. |
4.4.4.3 FISA shall establish a Therapeutic Use Exemption Committee (“TUEC”) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a)-(d) below: (a) The TUEC shall consist of a minimum of three (3) members with experience in the care and treatment of Rowers and sound knowledge of clinical, sports and exercise medicine. |
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration. |
The appointed members shall not be employees of FISA. |
(c) When an application to FISA for the grant or recognition of a TUE is made, three (3) members (which may include the Chair) shall be appointed to consider the application. |
In addition, the Chair of the TUEC may appoint experts with specific expertise as external members of the TUEC to provide expert opinion and transparency in the decision process. |
(d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Rower making the application. |
If a member is unwilling or unable to assess the Rower’s TUE application, for any reason, a replacement shall be appointed from the pool of members appointed under point (a) above. |
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 endeavours to issue its decision before the start of the Event. |
similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or Attempted Tampering under Article 2.5. |
A Rower should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Rower’s own risk.] |
FISA 2021 Anti-Doping Bye-Laws Page 16 of 67 4.4.4.5 The TUEC decision shall be the final decision of FISA and may be appealed in accordance with Article 4.4.7. |
FISA TUEC decision shall be notified in writing to the Rower, and to WADA and other Anti-Doping Organisations in accordance with the International Standard for Therapeutic Use Exemptions . |
It shall also promptly be reported into ADAMS. |
4.4.4.6 If FISA (or the National Anti-Doping Organisation , where it has agreed to consider the application on behalf of FISA) denies the Rower’s application, it must notify the Rower promptly, with reasons. |
If FISA grants the Rower’s application, it must notify not only the Rower but also their National Anti-Doping Organisation . |
If the National Anti-Doping Organisation considers that the TUE granted by FISA does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty-one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7. |
If the National Anti-Doping Organisation refers the matter to WADA for review, the TUE granted by FISA 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 Organisation does not refer the matter to WADA for review, the TUE granted by FISA 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 FISA chooses to collect a Sample from a Rower who is not an International-Level Rower or a National-Level Rower , and that Rower is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, FISA must permit that Rower 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 Bye-Laws: (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 Rower 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 review by WADA or on appeal. |
4.4.6.2 In such event, the Rower 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 shortly 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. |
FISA 2021 Anti-Doping Bye-Laws Page 17 of 67 4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review FISA’s decision not to recognise a TUE granted by the National Anti-Doping Organisation that is referred to WADA by the Rower or the Rower’s National Anti-Doping Organisation. |
In addition, WADA must review FISA’s decision to grant a TUE that is referred to WADA by the Rower’s National Anti-Doping Organisation . |
WADA may review any other TUE decisions at any time, whether upon 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 criteria, WADA will reverse it.22 4.4.7.2 Any TUE decision by FISA (or by a National Anti-Doping Organisation where it has agreed to consider the application on behalf of FISA) that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Rower and/or the Rower’s National Anti-Doping Organisation, exclusively to CAS.23 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Rower, the National Anti-Doping Organisation and/or FISA, 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 considered a denial of the application thus triggering the applicable rights of review/appeal. |
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations24 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 eventual specific protocols of FISA supplementing that International Standard. |
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Rower has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in a Rower’s Sample) or Article 2.2 ( Use or Attempted Use by a Rower of a Prohibited Substance or a Prohibited Method ). |
5.2 Authority to Test 22 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.] |
23 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the FISA’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. |
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. |
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.] |
24 [Comment to Article 5.1: Where Testing is conducted for anti-doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti-Doping Organisation’s rules. |
See, e.g., Comment to Article 23.2.2 of the Code.] |
FISA 2021 Anti-Doping Bye-Laws Page 18 of 67 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, FISA shall have In-Competition and Out-of-Competition Testing authority over all Rowers specified in the Introduction to these Anti-Doping Bye-Laws (Section “Scope of these Anti-Doping Bye-Laws”). |
5.2.2 FISA may require any Rower over whom it has Testing authority (including any Rower serving a period of Ineligibility ) to provide a Sample at any time and at any place.25 5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code. |
5.2.4 If FISA delegates or contracts any part of Testing to a National Anti-Doping Organisation directly or through a Member Federation , that National Anti-Doping Organisation may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping Organisation’s expense. |
If additional Samples are collected or additional types of analysis are performed, FISA shall be notified. |
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organisation shall have authority to conduct Testing at Event Venues during an Event Period . |
At International Events , FISA (or other international organisation which is the ruling body for an Event) shall have authority to conduct Testing. |
At National Events , the National Anti-Doping Organisation of that country shall have authority to conduct Testing. |
At the request of FISA (or other international organisation which is the ruling body for an Event), any Testing during the Event Period outside of the Event Venues shall be coordinated with FISA (or the relevant ruling body of the Event). |
5.3.2 If an Anti-Doping Organisation, which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event, desires to conduct Testing of Rowers at the Event Venues during the Event Period, the Anti-Doping Organisation shall first confer with FISA (or other international organisation which is the ruling body of the Event) to obtain permission to conduct and coordinate such Testing. |
If the Anti-Doping Organisation is not satisfied with the response from FISA (or other international organisation which is the ruling body of the Event), the Anti-Doping Organisation 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 FISA (or other international organisation which is the ruling body for the Event). |
WADA’s decision shall be final and not subject to appeal. |
Unless otherwise provided in the authorisation 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 25 [Comment to Article 5.2.2: FISA may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories. |
Unless the Rower has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, FISA will not test a Rower during that period unless it has a serious and specific suspicion that the Rower may be engaged in doping. |
A challenge to whether FISA had sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test or attempted test.] |
FISA 2021 Anti-Doping Bye-Laws Page 19 of 67 Organisation initiating the test unless provided otherwise in the rules of the ruling body of the Event.26 . |
5.3.3 Every organiser of FISA’s International Events must plan for Testing to take place and must ensure that, during the Event, the necessary facilities and Testing personnel are available, and the Testing procedures are correctly applied in accordance with the International Standard for Testing and Investigation and pursuant to instructions issued by FISA. |
5.3.4 At select FISA International Events, where FISA is the ruling body, FISA shall be responsible for coordinating Testing, in accordance with these Anti-Doping Bye-Laws. |
5.3.5 The overall costs of Testing and Sample analysis shall be borne by the organising committee and/or the host contracted by FISA where the Event or Competition is taking place. |
FISA may at its own discretion decide to take responsibility for those costs. |
In any event, FISA shall have the right to select or approve the Sample collection agency or laboratory for the Event or Competition 5.4 Testing Requirements 5.4.1 FISA shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations. |
FISA shall develop and implement a plan that prioritises appropriately between disciplines, categories of Rowers, types of Testing, types of Samples collected, and types of Sample analysis. |
5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximise the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing. |
5.4.3 At International Competitions or Events, FISA shall have the authority to determine the number and type of tests to be conducted. |
5.5 Rower Whereabouts Information 5.5.1 FISA has established a Registered Testing Pool of those Rowers 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. |
FISA shall coordinate with National Anti-Doping Organisations to identify such Rowers and to collect their whereabouts information. |
5.5.2 FISA shall make available through ADAMS a list which identifies those Rowers included in its Registered Testing Pool by name. |
FISA shall regularly review and update as necessary its criteria for including Rowers in its Registered Testing Pool, and shall periodically (but not less than quarterly) review the list of Rowers in its Registered Testing Pool to ensure that each listed Rower continues to meet 26 [Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organisation to initiate and conduct Testing at an International Event, WADA shall consult with the international organisation which is the ruling body for the Event. |
Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti-Doping Organisation of the country where the Event takes place. |
The Anti-Doping Organisation “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.] |
FISA 2021 Anti-Doping Bye-Laws Page 20 of 67 the relevant criteria. |
Rowers shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool. |
The notification shall contain the information set out in the International Standard for Testing and Investigations. |
5.5.3 Where a Rower is included in an international Registered Testing Pool by FISA and in a national Registered Testing Pool by their National Anti-Doping Organisation , the National Anti-Doping Organisation and FISA shall agree between themselves which of them shall accept that Rower's whereabouts filings; in no case shall a Rower be required to make whereabouts filings to more than one of them. |
5.5.4 In accordance with the International Standard for Testing and Investigations, each Rower in the Registered Testing Pool shall do the following: (a) advise FISA 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. |
The ultimate responsibility for providing whereabouts information rests with each Rower. |
However, it shall be the responsibility of each Member Federation to use its best efforts to assist FISA in obtaining whereabouts information as requested by FISA. |
5.5.5 For purposes of Article 2.4, a Rower’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 conditions set forth in Annex B are met. |
5.5.6 A Rower in FISA’s 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 unless and until (a) the Rower gives written notice to FISA that he or she has retired or (b) FISA has informed him or her that he or she no longer satisfies the criteria for inclusion in FISA' Registered Testing Pool . |
5.5.7 Whereabouts information provided by a Rower while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organisations having authority to test that Rower 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 program or other analytical results, to support 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 the Protection of Privacy and Personal Information. |
5.5.8 FISA may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Rowers who are not included within a Registered Testing Pool . |
If it chooses to do so, a Rower’s failure to provide requested whereabouts information on or before the date required by FISA or the Rower’s failure to provide accurate whereabouts information may result in the consequences defined in Article 5.5.12 below. |
FISA 2021 Anti-Doping Bye-Laws Page 21 of 67 5.5.9 In accordance with the International Standard for Testing and Investigations, FISA may establish a Testing Pool and/or other pool, which includes Rowers who are subject to less stringent whereabouts requirements than Rowers included in FISA’ Registered Testing Pool . |
The collection of whereabouts and the inclusion of Rowers in the Testing Pool or other pool may be coordinated with the Member Federations and/or the National Anti-Doping Organisation s and FISA may allocate the responsibility to collect whereabouts information from Rowers in theTesting Pool or other pool to the Rower’s Member Federation . |
5.5.10 FISA shall notify Rowers 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 5.5.11 and 5.5.12. |
5.5.11 Rowers included in the Testing Pool shall provide FISA at least 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 should be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organisations . |
5.5.12 A Rower’s failure to provide whereabouts information on or before the date required by FISA or the Rower’s failure to provide accurate whereabouts information might result in FISA elevating the Rower to FISA’s Registered Testing Pool and additional appropriate and proportionate non- Code Article 2.4 consequences, established by FISA if any. |
5.5.13 Each Member Federation must provide to FISA by email, training camp whereabouts forms as set out hereunder. |
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