text stringlengths 1 17.8k |
|---|
10.13.2.2 If a Rower or other Person voluntarily accepts a Provisional Suspension in writing from FISA and thereafter respects the Provisional Suspension , the Rower or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately ... |
A copy of the Rower or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Article 14.1.58 10.13.2.3 No credit against a period of Ineligibility shall be given for any time period before... |
57 [Comment to Article 10.13.1: In cases of anti-doping rule violations other than under Article 2.1, the time required for an Anti-Doping Organisation to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Rower or other Person has taken affirmative ... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
58 [Comment to Article 10.13.2.2: A Rower’s voluntary acceptance of a Provisional Suspension is not an admission by the Rower and shall not be used in any way to draw an adverse inference against the Rower.] |
FISA 2021 Anti-Doping Bye-Laws Page 41 of 67 10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Rower or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a... |
A Rower or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as a Rower in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but only so lon... |
A Rower or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by FISA to provide whereabouts information.59 10.14.2 Return to Training As an exception to Article 10.14.1, a Rower may return to train with a team or to use the facilities of a club or other member orga... |
The new period of Ineligibility , including a reprimand and no period of Ineligibility , may be adjusted based on the Rower or other Person’s degree of Fault and other circumstances of the case. |
59 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Rowers cannot participate in a training camp, exhibition or practice organised by their Member Federation or a club which is a member of that Member Federation or which is funded by a governmental agency. |
Further, an Ineligible Rower may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organised by a non-Signatory International Event organisation or a non-Signatory national-level Event organisation without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organisation described in this Article. |
Ineligibility imposed in one sport shall also be recognised by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
A Rower or other Person serving a period of Ineligibility is prohibited from coaching or serving as a Rower Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Rower. |
Any performance standard accomplished during a period of Ineligibility shall not be recognised by FISA or its Member Federations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Rowers cannot effectively train on their own so as to be ready to compete at the end of the Rower’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Rower may not compete or engage in any activity described in Article 10.14.1 other than training.] |
FISA 2021 Anti-Doping Bye-Laws Page 42 of 67 The determination of whether a Rower or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organisation whose Results Management led to the imposition of the initial period of Ineli... |
This decision may be appealed under Article 13. |
A Rower or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where a Rower Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , FISA shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by FISA and its Memb... |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO CREWS 11.1 Consequences for Crews Where one (1) member of a crew has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of all members of the crew during the Event Period . |
11.2 Consequences for Crews 11.2.1 An anti-doping rule violation committed by a member of a crew in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the crew in that Competition , with all resulting Consequences for the crew and its members, including forfei... |
11.2.2 An anti-doping rule violation committed by a member of a crew occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the crew in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except... |
11.2.3 Where an Athlete who is a member of a crew committed an anti-doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the crew in any other Competitio... |
ARTICLE 12 SANCTIONS BY FISA AGAINST OTHER SPORTING BODIES FISA 2021 Anti-Doping Bye-Laws Page 43 of 67 When FISA becomes aware that a Member Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Bye-Laws within that organisa... |
12.2 Take additional disciplinary actions with respect to that organisation’s or body’s recognition, the eligibility of their members to participate in FISA’s activities, and/or fine that organisation or body based on the following: 12.2.1 Four (4) or more violations of these Anti-Doping Bye-Laws (other than violatio... |
In such event: (a) all or some group of members of that organisation or body may be banned from participation in any FISA activities for a period of up to two (2) years and/or (b) that organisation or body may be fined in an amount up to 100’000 Euros 12.2.2 Four (4) or more violations of these Anti-Doping Bye-Laws ... |
In such event, that organisation or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Rower or other Person affiliated with that organisation or body commits an anti-doping rule violation during an International Event. |
In such event, that organisation or body may be fined in an amount up to 100’000 Euros 12.2.4 That organisation or body has failed to make diligent efforts to keep FISA informed about a Rower's whereabouts after receiving a request for that information from FISA. |
In such event, that organisation or body may be fined in an amount up to 25’000 Euros per Rower, in addition to reimbursement of all of the FISA costs incurred in Testing that organisation’s or body’s Rowers. |
12.3 Withhold some or all funding or other financial and non-financial support to that organisation or body. |
12.4 Oblige that organisation or body to reimburse FISA for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Bye-Laws committed by a Rower or other Person affiliated with that organisation or body. |
ARTICLE 13 RESULTS MANAGEMENT : APPEALS 61 13.1 Decisions Subject to Appeal 61 [Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. |
Anti-doping decisions by Anti-Doping Organisations are made transparent in Article 14. |
Specified Persons and organisations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organisations with a right to appeal under Article 13 does not include Rowers, or their National Federations, who might benefit from having another competitor Disqualified.] |
FISA 2021 Anti-Doping Bye-Laws Page 44 of 67 Decisions made under the Code or these Anti-Doping Bye-Laws may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Bye-Laws, the Code or the International Standards . |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.62 13.1.2 CAS Shall Not Defer to the Findings Being Ap... |
For example, where a Rower was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Rower in the appeal.] |
63 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of FISA’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of FISA’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in FISA’s internal process and a... |
FISA 2021 Anti-Doping Bye-Laws Page 45 of 67 and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2. |
13.2.1 Appeals Involving International-Level Rowers or International Events In cases arising from participation in an International Event or in cases involving International-Level Rowers , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Rowers or Other Persons In cases where A... |
The rules for such appeal shall respect the following principles: a timely hearing; a fair, impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person's own expense; and a timely, written, reasoned decision. |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules. |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International-Level Rowers or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Rower or other Person who is the subject of the decision being appealed; (b) the other party to the c... |
13.2.3.2 Appeals Involving Other Rowers or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the appellate body shall be as provided in the National Anti-Doping Organisation's rules but, at a minimum, shall include the following parties: (a) the Rower or other Person who is the s... |
65 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.] |
FISA 2021 Anti-Doping Bye-Laws Page 46 of 67 For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and FISA shall also have the right to appeal to CAS with respect to the decision of the appellate body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organisation whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3.4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Rower or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions by FISA pursuant to Article 12 may be appealed exclusively to CAS by the Member Federation or other body. |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.66 13.3 Failure to Render a Timely Decision by FISA Where, in a particular case, FISA fails to render a decision with respect to whether an anti-doping rule violation was committ... |
If the CAS hearing panel determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by FISA.67 13.4 Appeals Relating to TUEs TUE decisions may be appealed ex... |
13.5 Notification of Appeal Decisions 66 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit a Rower the right to cross appeal when an Anti-Doping Organisation appeals a decision after the Rower’s time for appeal has expired. |
This provision permits a full hearing for all parties.] |
67 [Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for FISA to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with FISA and give FISA an opportunity to explain why it has not yet rendered a decision.] |
FISA 2021 Anti-Doping Bye-Laws Page 47 of 67 FISA shall promptly provide the appeal decision to the Rower or other Person and to the other Anti-Doping Organisations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy ... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty-one (21) days after WADA’s receipt of the complete file relating to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti-Doping Organisation shall be indicated by the same rules of the National Anti-Doping Organisation . |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty-one (21) days after WADA’s receipt of the complete file relating to the decision. |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti-Doping Rule Violations 14.1.1 Notice of Anti-Doping Rule Violations to Rowers and other Persons 68 [Comment to Article 13.6: Whether governed by CAS rules or these Anti-... |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
FISA 2021 Anti-Doping Bye-Laws Page 48 of 67 Notice to Rowers or other Persons of anti-doping rule violations asserted against them shall occur as provided under Articles 7 and 14. |
If at any point during Results Management up until the anti-doping rule violation charge, FISA decides not to move forward with a matter, it must notify the Rower or other Person, (provided that the Rower or other Person had been already informed of the ongoing Results Management ). |
Any notice under these Anti-Doping Bye-Laws shall be delivered or emailed by FISA to Rowers or other Persons. |
In addition to the notification by FISA, it shall also be the responsibility of the Rower or other Person’s Member Federation to notify the Rower or other Person. |
If the notification takes place via the Rower or other Person’s Member Federation , the Member Federation shall confirm to FISA that they have delivered the notification to the Rower or other Person. |
14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping Organisations and WADA Notice of the assertion of an anti-doping rule violation to the Rower’s or other Person’s National Anti-Doping Organisation and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to the Rowe... |
If at any point during Results Management up until the anti-doping rule violation charge, FISA decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organisations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti-Doping Rule Violation Notice Notification of an anti-doping rule violation shall include: the Rower's or other Person’s name, country, sport and discipline within the sport, the Rower’s competitive level, whether the test was In-Competition or Out-of-Competition , the date of Sample collec... |
Notification of anti-doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti-doping rule violation pursuant to Article 14.1.1, the Rower’s or other Person’s National Anti-Doping Organisation and WADA shall be regularly updated on the status and findings of any review or proceedings cond... |
14.1.5 Confidentiality The recipient organisations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , Member Federation , and the Rower’s crew) until FISA has made Public Disclosure as permitted by... |
FISA 2021 Anti-Doping Bye-Laws Page 49 of 67 14.1.6 Protection of Confidential Information by an Employee or Agent of FISA FISA shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti-doping rule violations remains confidential until such information is ... |
FISA shall ensure that its employees (whether permanent or otherwise), contractors, agents, consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorised disclosure... |
14.2 Notice of Anti-Doping Rule Violation or Violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7.6, 8.2, 10.5, 10.6, 10.7, 10.14... |
Where the decision is not in English or French, FISA shall provide an English or French summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organisation having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After notice has been provided to the Rower or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organisations in accordance with Article 14.1.2, the identity of any Rower or other Person who is notified of a potential... |
14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matte... |
FISA must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti-doping rule violations, including the information described above.69 69 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, FIS... |
FISA 2021 Anti-Doping Bye-Laws Page 50 of 67 14.3.3 After an anti-doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assert... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Rower or other Person did not commit an anti-doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Rower or other Person who is the subject of the decision. |
FISA shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Rower or other Person may approve. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.