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The completed summary training camp form, main training location form and where possible, the individual training camp forms for its national teams, as well as any other information requested by FISA, should be submitted to FISA Headquarters quarterly by 31 December, 31 March, 30 June and 30 September for each subsequent quarter. |
These forms shall set out the dates and venues of the camps, main training locations and must also list the Rowers training at these locations. |
The individual training camp forms must be completed and received by FISA no later than two weeks before the start of any above reported training camp. |
It is the responsibility of the Member Federation to update this information so that the information received by FISA is timely, accurate and complete at all times. |
This information will be used to conduct Out-of-Competition Testing. |
Failure to submit complete timely quarterly whereabouts information or any changes thereto may result in sanctions being imposed on the Member Federation including without limitation in accordance with Article 12 of these Anti-Doping Bye-Laws. |
5.6 Retired Rowers Returning to Competition 5.6.1 If an International-Level Rower or National-Level Rower in FISA’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Rower shall not compete in International Event s or National Event s until the Rower has made himself or herself available for Testing, by giving six (6) months prior written notice to FISA and their National Anti-Doping Organisation . |
FISA 2021 Anti-Doping Bye-Laws Page 22 of 67 WADA, in consultation with FISA and the Rower's National Anti-Doping Organisation , may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Rower. |
This decision may be appealed under Article 13.27 Any competitive results obtained in violation of this Article 5.6.1 shall be Disqualified unless the Rower 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 a Rower retires from sport while subject to a period of Ineligibility , the Rower must notify the Anti-Doping Organisation that imposed the period of Ineligibility in writing of such retirement. |
If the Rower then wishes to return to active competition in sport, the Rower shall not compete in International Events or National Events until the Rower has made himself or herself 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 Rower retired, if that period was longer than six (6) months) to FISA and to their National Anti-Doping Organisation . |
5.7 Independent Observer Program FISA and the organising committees for FISA’s Events, as well as the Member Federations and the organising committees for National Events, shall authorise and facilitate the Independent Observer Program at such Events. |
ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analysed in accordance with the following principles: 6.1 Use of Accredited, Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analysed 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 FISA. |
28 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 and Data Samples and related analytical data or Doping Control information shall be analysed 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 27 [Comment to Article 5.6.1: WADA has developed a protocol and exemption application form that Rowers must use to make such requests, and a decision template that the International Federations must use. |
Both documents are available on WADA’s website at https://www.wada-ama.org.] |
28 [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA-accredited laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.] |
FISA 2021 Anti-Doping Bye-Laws Page 23 of 67 4.5 of the Code, or to assist FISA in profiling relevant parameters in a Rower’s urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate anti-doping purpose.29 6.3 Research on Samples and Data Samples , 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 Rower'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 Rower. |
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.30 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code, FISA shall ask laboratories to analyse 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 analyse Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by FISA. |
Results from any such analysis shall be reported to FISA and have the same validity and Consequences as any other analytical result.31 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time FISA notifies a Rower that the Sample is the basis for an Article 2.1 anti-doping rule violation charge. |
If after such notification FISA wishes to conduct additional analysis on that Sample, it may do so with the consent of the Rower 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 be 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 Organisation that initiated and directed Sample collection or WADA. |
Any other Anti-Doping Organisation with authority to test the Rower that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organisation that initiated and directed Sample collection or WADA, and shall be responsible for any follow-up Results Management . |
Any Sample storage or 29 [Comment to Article 6.2: For example, relevant Doping Control-related information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2, or both.] |
30 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non-research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Rower, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.] |
31 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. |
It is recognised that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analysed.] |
FISA 2021 Anti-Doping Bye-Laws Page 24 of 67 further analysis initiated by WADA or another Anti-Doping Organisation shall be at WADA’s or that organisation's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
6.7 Split of A or B Sample Where WADA, an Anti-Doping Organisation with Results Management authority, and/or a WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organisation 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 Laboratories 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 possession of a laboratory or Anti-Doping Organisation . |
Upon request by WADA, the laboratory or Anti-Doping Organisation 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 Organisation before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organisation 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 Organisation with authority to test the Rower to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.32 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti-Doping Bye-Laws 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 Organisation that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organisation which first provides notice to a Rower 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 the rules of a National Anti-Doping Organisation do not give the National Anti-Doping Organisation authority over a Rower or other 32 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories. |
Where necessary, the laboratory and/or the Anti-Doping Organisation shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non-compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti-doping rule violation or its Consequences.] |
FISA 2021 Anti-Doping Bye-Laws Page 25 of 67 Person who is not a national, resident, license holder, or member of a sport organisation of that country, or the National Anti-Doping Organisation declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Rower or other Person as directed by the rules of the applicable International Federation. |
7.1.3 In the event the Major Event Organisation assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organisation , or an anti-doping rule violation occurring during such Event, the case shall be referred by the Major Event Organisation 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 FISA or the National Anti-Doping Organisation with whom the Rower in question files whereabouts information, as provided in the International Standard for Results Management . |
If FISA 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 Organisations . |
7.1.5 Other circumstances in which FISA shall take responsibility for conducting Results Management in respect of anti-doping rule violations involving Rowers and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code. |
7.1.6 WADA may direct FISA to conduct Results Management in particular circumstances. |
If FISA 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 Organisation with authority over the Rower or other Person, that is willing to do so, to take Results Management responsibility in place of FISA or, if there is no such Anti-Doping Organisation , any other Anti-Doping Organisation that is willing to do so. |
In such case, FISA shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organisation 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 FISA 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 a Rower or other Person notice of a potential anti-doping rule violation as provided above, FISA shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organisations to determine whether any prior anti-doping rule violation exists. |
7.4 Provisional Suspensions 33 33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by FISA, the internal review specified in these Anti-Doping Bye-Laws and the International Standard for Results Management must first be completed.] |
FISA 2021 Anti-Doping Bye-Laws Page 26 of 67 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If FISA 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 , FISA shall impose a Provisional Suspension on the Rower promptly upon or after the review and notification required by Article 7.2. |
A mandatory Provisional Suspension may be eliminated if: (i) the Rower demonstrates to the CAS Anti-Doping Division that the violation is likely to have involved a Contaminated Product, or (ii) the violation involves a Substance of Abuse and the Rower establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
The CAS Anti-Doping Division’s decision not to eliminate a mandatory Provisional Suspension on account of the Rower’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 FISA may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Rower’s B Sample or final hearing as described in Article 8. |
An optional Provisional Suspension may be lifted at the discretion of FISA at any time prior to the CAS Anti-Doping Division’s decision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Rower or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension ; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after the 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 Rowers 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 Rower first competes after such report or notice. |
FISA 2021 Anti-Doping Bye-Laws Page 27 of 67 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 Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the Rower or other Person may withdraw such acceptance, in which event the Rower or other Person shall not 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 Rower or FISA) does not confirm the A Sample analysis, then the Rower shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. |
In circumstances where the Rower (or the Rower'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 Rower or team or crew to be reinserted, without otherwise affecting the Event, the Rower or team or crew may continue to take part in the Event. |
7.5 Results Management Decisions Results Management decisions or adjudications by FISA must not purport to be limited to a particular geographic area or the FISA’s sport and shall address and determine without limitation the following issues: (i) whether an anti-doping rule violation was committed or a Provisional Suspension 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 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .34 7.6 Notification of Results Management Decisions FISA shall notify Rowers, other Persons, Signatories and WADA of Results Management decisions as provided in Article 14 and in the International Standard for Results Management . |
7.7 Retirement from Sport35 If a Rower or other Person retires while the FISA’s Results Management process is underway, FISA retains authority to complete its Results Management process. |
If a Rower or other Person 34 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by FISA should address whether an anti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. |
For example, for a determination that a Rower committed an anti-doping rule violation based on an Adverse Analytical Finding for a Sample taken In-Competition, the Rower’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Rower from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organisation’s responsibility to decide whether the Rower’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1.] |
35 [Comment to Article 7.7: Conduct by a Rower or other Person before the Rower or other Person was subject to the authority of any Anti-Doping Organisation would not constitute an anti-doping rule violation but could be a legitimate basis for denying the Rower or other Person membership in a sports organisation.] |
FISA 2021 Anti-Doping Bye-Laws Page 28 of 67 retires before any Results Management process has begun, and FISA would have had Results Management authority over the Rower or other Person at the time the Rower or other Person committed an anti-doping rule violation, FISA 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, FISA shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel FISA has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti-Doping Division (CAS ADD). |
The procedural rules of CAS ADD pertaining to the hearing of first instance shall apply. |
CAS ADD will always ensure that the Rower or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1.2 Hearing Process 8.1.2.1 When FISA sends a notice to a Rower or other Person notifying them of a potential anti-doping rule violation, and the Rower or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to CAS ADD for hearing and adjudication, which shall be conducted in accordance with its procedural rules and the principles described in Articles 8 and 9 of the International Standard for Results Management . |
8.1.2.2 Hearings held in connection with Events in respect to Rowers and other Persons who are subject to these Anti-Doping Bye-Laws may be conducted by an expedited process where permitted by CAS ADD.36 8.1.2.3 WADA, the Member Federation and the National Anti-Doping Organisation of the Athlete or other Person may attend the hearing as observers. |
In any event, FISA shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the 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. |
36 [Comment to Article 8.1.2.2: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Rower's results or continued participation in the Event.] |
FISA 2021 Anti-Doping Bye-Laws Page 29 of 67 8.2.2 FISA shall notify that decision to the Rower or other Person and to other Anti-Doping Organisations 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 A Rower or other Person against whom an anti-doping violation is asserted may waive a hearing expressly and agree with the Consequences proposed by FISA. |
8.3.2 However, if the Rower or other Person against whom an anti-doping rule violation is asserted fails to dispute that assertion within twenty (20) days or the deadline otherwise specified in the notice sent by the FISA 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 the CAS ADD shall not be required. |
Instead FISA shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.3.4 FISA shall notify that decision to the Rower or other Person and to other Anti-Doping Organisations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS. |
FISA shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International-Level Rowers , National-Level Rowers or other Persons may, with the consent of the Rower or other Person, FISA (where it has Results Management responsibility in accordance with Article 7) and WADA, be heard in a single hearing directly at CAS.37 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 forfeiture of any medals, points and prizes.38 37 [Comment to Article 8.4: : In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial. |
Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Rower or Anti-Doping Organisations to incur the extra expense of two (2) hearings. |
An Anti-Doping Organisation that wants may participate in the CAS hearing as a party or as an observer may condition its approval of a single hearing on being granted that right. |
Nothing set out in Article 8.4 precludes the Rower or other Person and FISA (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.] |
38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
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