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However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.] |
FISA 2021 Anti-Doping Bye-Laws Page 30 of 67 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 Rower'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 Rower’s anti-doping rule violation and whether the Rower tested negative in the other Competitions .39 10.1.2 If the Rower establishes that he or she bears No Fault or Negligence for the violation, the Rower's individual results in the other Competitions shall not be Disqualified , unless the Rower's results in Competitions other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Rower'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 Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1 The period of Ineligibility , subject to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti-doping rule violation does not involve a Specified Substance a or Specified Method , unless the Rower or other Person can establish that the anti-doping rule violation was not intentional.40 10.2.1.2 The anti-doping rule violation involves a Specified Substance or a Specified Method and FISA can establish that the anti-doping rule violation was intentional. |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Rowers or other Persons who engage in conduct which they knew constituted an anti-doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and manifestly disregarded that risk. |
An anti-doping rule violation resulting from an Adverse 39 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Rower tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships).] |
40 [Comment to Article 10.2.1.1: While it is theoretically possible for a Rower or other Person to establish that the anti-doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in a doping case under Article 2.1 a Rower will be successful in proving that the Rower acted unintentionally without establishing the source of the Prohibited Substance.] |
FISA 2021 Anti-Doping Bye-Laws Page 31 of 67 Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional” if the substance is a Specified Substance and the Rower can establish that the Prohibited Substance was Used Out-of-Competition . |
An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional” if the substance is not a Specified Substance and the Rower can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.41 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti-doping rule violation involves a Substance of Abuse : 10.2.4.1 If the Rower can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, then the period of Ineligibility shall be three (3) months Ineligibility . |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Rower or other Person satisfactorily completes a Substance of Abuse treatment program approved by FISA. |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.42 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Rower can establish that the context of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4. |
10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10.6 or 10.7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Rower can establish that the commission of the anti-doping rule violation was not intentional, the period of Ineligibility shall be two (2) years; (ii) in all other cases, if the Rower or other Person can establish exceptional circumstances that justify a reduction of the period of Ineligibility , the period of Ineligibility shall be in a range from two (2) years to four (4) years depending on the Rower or other Person’s degree of Fault; or (iii) in a case involving a Protected Person or Recreational Rower , the period of Ineligibility shall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility , depending on the Protected Person or Recreational Rower ’s degree of Fault. |
41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.] |
42 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Rower or other Person has satisfactorily completed the program shall be made in the sole discretion of FISA. |
This Article is intended to give FISA the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.] |
FISA 2021 Anti-Doping Bye-Laws Page 32 of 67 10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Rower’s degree of Fault. |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Rowers where a pattern of last-minute whereabouts changes or other conduct raises a serious suspicion that the Rower was trying to avoid being available for Testing. |
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel . |
In addition, significant violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.43 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation. |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Rower or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For violations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation by the Rower or other Person.45 10.4 Aggravating Circumstances which may Increase the Period of Ineligibility If FISA establishes in an individual case involving an anti-doping rule violation other than violations under Article 2.7 ( Trafficking or Attempted Trafficking ), 2.8 ( Administration or Attempted Administration ), 2.9 (Complicity or Attempted Complicity ) or 2.11 (Acts by a Rower or Other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of the Aggravating 43 [Comment to Article 10.3.3: Those who are involved in doping Rowers or covering up doping should be subject to sanctions which are more severe than the Rowers who test positive. |
Since the authority of sport organisations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
44 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.] |
45 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by a Rower or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that carries the more severe sanction.] |
FISA 2021 Anti-Doping Bye-Laws Page 33 of 67 Circumstances , unless the Rower or other Person can establish that he or she did not knowingly commit the anti-doping rule violation.46 10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence If a Rower or other Person establishes in an individual case that he or she bears No Fault or Negligence , then the otherwise applicable period of Ineligibility shall be eliminated.47 10.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence 10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6. |
All reductions under Article 10.6.1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods Where the anti-doping rule violation involves a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Rower or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years of Ineligibility , depending on the Rower’s or other Person’s degree of Fault. |
10.6.1.2 Contaminated Products In cases where the Rower or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse ) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Rower or other Person’s degree of Fault.48 46 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by a Rower or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not included in the application of Article 10.4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.] |
47 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where a Rower could prove that, despite all due care, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabelled or contaminated vitamin or nutritional supplement (Rowers are responsible for what they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Rower’s personal physician or trainer without disclosure to the Rower (Rowers are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Rower’s food or drink by a spouse, coach or other Person within the Rower’s circle of associates (Rowers are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence.] |
48 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Rower or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No Significant Fault or Negligence. |
It should be further noted that Rowers are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Rower has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Rower can FISA 2021 Anti-Doping Bye-Laws Page 34 of 67 10.6.1.3 Protected Persons or Recreational Rowers Where the anti-doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Rower , and the Protected Person or Recreational Rower can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Protected Person or Recreational Rower ’s degree of Fault. |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If a Rower or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as provided in Article 10.7, the otherwise applicable period of Ineligibility may be reduced based on the Rower or other Person’s degree of Fault, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.49 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault 10.7.1 Substantial Assistance in Discovering or Establishing Code Violations50 10.7.1.1 FISA may, prior to an appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the Consequences (other than Disqualification and mandatory Public Disclosure ) imposed in an individual case where the Rower or other Person has provided Substantial Assistance to an Anti-Doping Organisation , criminal authority or professional disciplinary body which results in: (i) the Anti-Doping Organisation discovering or bringing forward an anti-doping rule violation by another Person; or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to FISA or other Anti-Doping Organisation with Results Management responsibility; or (iii) which results in WADA initiating a proceeding against a Signatory , WADA-accredited laboratory, or Rower passport management unit (as establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Rower actually Used the Contaminated Product, whether the Rower had declared the product which was subsequently determined to be contaminated on the Doping Control form. |
This Article should not be extended beyond products that have gone through some process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non-product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti-doping rule violation, typically there would be No Fault or Negligence under Article 10.5.] |
49 [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti-doping rule violation except those Articles where intent is an element of the anti-doping rule violation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is already provided in an Article based on the Rower or other Person’s degree of Fault.] |
50 [Comment to Article 10.7.1: The cooperation of Rowers, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.] |
FISA 2021 Anti-Doping Bye-Laws Page 35 of 67 defined in the International Standard for Laboratories) for non-compliance with the Code, International Standard or Technical Document ; or (iv) with the approval by WADA, which results in a criminal or disciplinary body bringing forward a criminal offense or the breach of professional or sport rules arising out of a sport integrity violation other than doping. |
After an appellate decision under Article 13 or the expiration of time to appeal, FISA may only suspend a part of the otherwise applicable Consequences with the approval of WADA. |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Rower or other Person and the significance of the Substantial Assistance provided by the Rower or other Person to the effort to eliminate doping in sport, non-compliance with the Code and/or sport integrity violations. |
No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of these Anti-Doping Rules. |
If so requested by a Rower or other Person who seeks to provide Substantial Assistance , FISA shall allow the Rower or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Rower or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, FISA shall reinstate the original Consequences . |
If FISA decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Rowers and other Persons to provide Substantial Assistance to Anti-Doping Organisations , at the request of FISA or at the request of the Rower or other Person who has, or has been asserted to have, committed an anti-doping rule violation, or other violation of the Code, WADA may agree at any stage of the Results Management process, including after an appellate decision under Article 13, to what it considers to be an appropriate suspension of the otherwise-applicable period of Ineligibility and other Consequences . |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility , no mandatory Public Disclosure and/or no return of prize money or payment of fines or costs. |
WADA’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13, WADA’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
FISA 2021 Anti-Doping Bye-Laws Page 36 of 67 10.7.1.3 If FISA suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justification for the decision shall be provided to the other Anti-Doping Organisations with a right to appeal under Article 13.2.3 as provided in Article 14. |
In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorise FISA to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
10.7.2 Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence Where a Rower or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.51 10.7.3 Application of Multiple Grounds for Reduction of a Sanction Where a Rower or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.5, 10.6 or 10.7, before applying any reduction or suspension under Article 10.7, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. |
If the Rower or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility . |
10.8 Results Management Agreements 10.8.1 One (1) Year Reduction for Certain Anti-Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where a Rower or other Person, after being notified by FISA of a potential anti-doping rule violation that carries an asserted period of Ineligibility of four (4) or more years (including any period of Ineligibility asserted under Article 10.4), admits the violation and accepts the asserted period of Ineligibility no later than twenty (20) days after receiving notice of an anti-doping rule violation charge, the Rower or other Person may receive a one (1) year reduction in the period of Ineligibility asserted by FISA. |
Where the Rower or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.52 51 [Comment to Article 10.7.2: This Article is intended to apply when a Rower or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organisation is aware that an anti-doping rule violation might have been committed. |
It is not intended to apply to circumstances where the admission occurs after the Rower or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Rower or other Person would have been caught had he or she not come forward voluntarily.] |
52 [Comment to Article 10.8.1: For example, if FISA alleges that a Rower has violated Article 2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Rower may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and accepting the three (3) year period of Ineligibility within the time specified in this Article, with no further reduction allowed. |
This resolves the case without any need for a hearing.] |
FISA 2021 Anti-Doping Bye-Laws Page 37 of 67 10.8.2 Case Resolution Agreement Where the Rower or other Person admits an anti-doping rule violation after being confronted with the anti-doping rule violation by FISA and agrees to Consequences acceptable to FISA and WADA, at their sole discretion, then: (a) the Rower or other Person may receive a reduction in the period of Ineligibility based on an assessment by FISA and WADA of the application of Articles 10.1 through 10.7 to the asserted anti-doping rule violation, the seriousness of the violation, the Rower or other Person’s degree of Fault and how promptly the Rower or other Person admitted the violation; and (b) the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. |
In each case, however, where this Article is applied, the Rower or other Person shall serve at least one-half of the agreed-upon period of Ineligibility going forward from the earlier of the date the Rower or other Person accepted the imposition of a sanction or a Provisional Suspension which was subsequently respected by the Rower or other Person. |
The decision by WADA and FISA to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by a Rower or other Person who seeks to enter into a case resolution agreement under this Article, FISA shall allow the Rower or other Person to discuss an admission of the anti-doping rule violation with it subject to a Without Prejudice Agreement .53 10.9 Multiple Violations 10.9.1 Second or Third Anti-Doping Rule Violation 10.9.1.1 For a Rower or other Person’s second anti-doping rule violation, the period of Ineligibility shall be the greater of: (a) A six (6) month period of Ineligibility ; or (b) A period of Ineligibility in the range between: (i) the sum of the period of Ineligibility imposed for the first anti-doping rule violation plus the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, and (ii) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation. |
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Rower or other Person’s degree of Fault with respect to the second violation. |
53 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement.] |
FISA 2021 Anti-Doping Bye-Laws Page 38 of 67 10.9.1.2 A third anti-doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility . |
10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7. |
10.9.2 An anti-doping rule violation for which a Rower or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. |
In addition, an anti-doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9. |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti-doping rule violation will only be considered a second violation if FISA can establish that the Rower or other Person committed the additional anti-doping rule violation after the Rower or other Person received notice pursuant to Article 7, or after FISA made reasonable efforts to give notice of the first anti-doping rule violation. |
If FISA cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggravating Circumstances . |
Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.54 10.9.3.2 If FISA establishes that a Rower or other Person committed an additional anti-doping rule violation prior to notification, and that the additional violation occurred twelve (12) months or more before or after the first-noticed violation, then the period of Ineligibility for the additional violation shall be calculated as if the additional violation were a stand-alone first violation and this period of Ineligibility is served consecutively, rather than concurrently, with the period of Ineligibility imposed for the earlier-noticed violation. |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.3 If FISA establishes that a Rower or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying asserted anti-doping rule violation, the violation of Article 2.5 shall be treated as a stand-alone first violation and the period of Ineligibility for such violation shall be served consecutively, rather than concurrently, with the period of Ineligibility , if any, imposed for the underlying anti-doping rule violation. |
Where this Article 10.9.3.3 is 54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, FISA discovers facts involving an anti-doping rule violation that occurred prior to notification for a first anti-doping rule violation – e.g., FISA shall impose a sanction based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including the application of Aggravating Circumstances.] |
FISA 2021 Anti-Doping Bye-Laws Page 39 of 67 applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.4 If FISA establishes that a Person has committed a second or third anti-doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti-Doping Rule Violations during Ten (10) Year Period For purposes of Article 10.9, each anti-doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti-Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Rower obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition ), or other anti-doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes.55 10.11 Forfeited Prize Money If FISA recovers prize money forfeited as a result of an anti-doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Rowers who would have been entitled to it had the forfeiting Rower not competed.56 10.12 Financial Consequences 10.12.1 Where a Rower or other Person commits an anti-doping rule violation, FISA may, in its discretion and subject to the principle of proportionality, elect to (a) recover from the Rower or other Person costs associated with the anti-doping rule violation, regardless of the period of Ineligibility imposed and/or (b) fine the Rower or other Person in an amount up to 1’000 Swiss Francs , only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed. |
10.12.2 The imposition of a financial sanction or FISA's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti-Doping Rules. |
10.13 Commencement of Ineligibility Period 55 [Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Rowers or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.] |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on FISA to take any action to collect forfeited prize money. |
If FISA elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Rower(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by FISA and its Rowers.] |
FISA 2021 Anti-Doping Bye-Laws Page 40 of 67 Where a Rower is already serving a period of Ineligibility for an anti-doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Rower or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Rower or other Person can establish that such delays are not attributable to the Rower or other Person, FISA or the FISA Doping Hearing Panel, if applicable, may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .57 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Rower or other Person, then the Rower or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
If the Rower or other Person does not respect a Provisional Suspension , then the Rower or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Rower or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
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