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Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.] |
36 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
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, Disquali fication 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.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 28 of 65 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event durin g 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 o... |
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriou sness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .37 10.1.2 If the Athlete establishes that he or she bears No Fa... |
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 ... |
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 Athletes or other Persons who engage in conduct which they knew constituted an ant i- 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... |
An anti -doping rule violation resulting from an Adverse 37 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), th is Article may lead to Disqualification of all results in all races during the Event (e.... |
38 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete 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 i n a doping case under Article 2.1 an Athlete will be s... |
2021 IFA Anti -Doping Rules ( October 2020) Page 29 of 65 Analytical Finding for a substance which is o nly prohibited In-Competition shall be rebuttably presumed to be not “intentional” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competitio... |
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 Athlete can establish that the Prohibited Substance was Used Out -of- Compet ition in a ... |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by IFA. |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.40 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to... |
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 sh all 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 fou... |
39 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for p urposes of Article 10.2.] |
40 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of IFA. |
This Article is intended to give IFA 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 tha t it would not be pract ical for WADA to develop mandatory criteria for acceptable treatment programs.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 30 of 65 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 Athlete’s degree of Fault . |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last - minute whereabouts changes or other conduct raises a serious suspicion that the Athlete 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 minimu m 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.41 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2)... |
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 Athlete or other Person’s degree of Fault and other circumstances of the case.42 10.3.6 For vi olations of Article 2.11, the period of Ineligibili... |
Since the authority of sport organizations is generally limited to Ineligibi lity for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
42 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that en tity may be disciplined as provided in Article 12.] |
43 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlet e or Other Person to Discourage or Retaliate Against Reporting to Authoriti es) shall be sanctioned based on the violation that carries the more severe sanction.] |
44 [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 an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not incl... |
2021 IFA Anti -Doping Rules ( October 2020) Page 31 of 65 10.5 Elimination of th e Period of Ineligibility where there is No Fault or Negligence If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence , then the otherwise applicable period of Ineligibility shal... |
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 Athlete or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a minimum,... |
10.6.1.2 Contaminated Products In cases where the Athlete 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 n... |
They will only apply in exceptional circumstances, for example, where an Athlete 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 mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibility of suppleme... |
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 Significan t Fault or Negligence.] |
46 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete 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 Athletes 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 Co ntaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purpo ses of establishing whether the Athlete act ually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on ... |
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.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 32 of 65 10.6.1.3 Protected Persons or Recreational Athletes Where the anti -doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Athlete , and the Protected Person or Recreational Athlete can establish No... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete 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 prov... |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.47 10.7 Elimination, Reduction , or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault 10.7.1 Substantial Assistanc... |
After an appellate decision under Article 13 or the expiration of time to appeal, IFA may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
47 [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 al... |
48 [Comment to Article 10.7.1: The cooperation of Athle tes, 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.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 33 of 65 The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the ser iousness of the anti -doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance prov... |
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 tha n 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 an Athlete or othe r Person who seeks to provide Substantial Assistance , IFA shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the c omplete and credible Substantial Assistance upon which a suspension of Consequences was based, IFA shall reinstate the original Consequences . |
If IFA decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decisi on may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organizations , at the request of IFA or at the request of the Athlete 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... |
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 c... |
WADA’s approval shall be subject to reinstatement of Consequences , as otherwise provi ded in this Article. |
Notwithstanding Article 13, WADA’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If IFA suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justificat ion for thedecision shall be provided to the other Anti-Doping Organizations 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 authorize IFA to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
2021 IFA Anti -Doping Rules ( October 2020) Page 34 of 65 10.7.2 Admission of an Anti -Doping Rule Violation in the Abs ence of Other Evidence Where an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which co... |
If the Athlete or other Perso n 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 M anagement Agreements 10.8.1 One-Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where an Athlete or other Person , after being notified by IFA of a potential anti-doping rule violation that carries an as serted period of Ineligibi... |
Where the Athlete or other Person receives the one -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.50 49 [Comment to Article 10.7.2: This Article is intended to apply wh... |
It is not intended to apply to circumstances where the admission occurs after the Athlete 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 Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
50 [Comment to Article 10.8.1: F or example, if IFA alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Athlete may unilaterally reduce the period of Inel igibility to three (3) years by admitting the violatio... |
This resolves the case without any need for a hearing.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 35 of 65 10.8.2 Case Resolution Agreement Where the Athlete or other Person admits an anti -doping rule violation after being confronted with the anti -doping rule violation by IFA and agrees to Consequences acceptable to IFA and WADA , at their sole discretion... |
In each case, however, where this Article is applied, the Athlete 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 Athlete or other Person accepted the imposition of a sanction or a Provisional Suspe nsion which was subsequent... |
The decision by WADA and IFA 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 ma tters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, IFA shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .51 [NOTE : In some countries, the imposition ... |
In these circumstances, Articles 10.8.1 and 10.8.2 will not be applicable but may be co nsidered by the hearing body.] |
10.9 Multiple Violations 10.9.1 Second or Third Anti -Doping Rule Violation 10.9.1.1 For an Athlete or other Person’s second anti-doping rule violation, the period of Ineligibility shall be the greater of: (a) A six -month period of Ineligibility ; or (b) A period of Ineligibility in the range between... |
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the second violation. |
51 [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 applicab le beyond the terms of that agreement.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 36 of 65 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 involv... |
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 an Athlete 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 pu rposes 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 IFA can establish that the Athlete or other Pers... |
If IFA 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 10.10.52 10.9.3.2 If IFA establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred twel... |
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 IFA establishes that an Athlete 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 52 [Comme... |
2021 IFA Anti -Doping Rules ( October 2020) Page 37 of 65 Ineligibility for such violation shall be served conse cutively, 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 applied, the violations taken together shall constitute a single violation for purposes of A rticle 10.9.1. |
10.9.3.4 If IFA establishes that an Athlete or other 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 -Year Period For purposes of Article 10.9, each anti-doping rule violation must take place within the same ten-year period in order to be considered multiple violations. |
10.10 Disqualification of Resu lts 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 re sults of the Athlete obtaine... |
10.12.2 The imposition of a financial sanction or the IFA'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. |
53 [Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Athletes 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.] |
54 [Comment to Article 10.11: This Article is not intended to impose an affir mative duty on IFA to take any action to collect forfeited prize money. |
If IFA elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(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 IFA and its Athletes.] |
2021 IFA Anti -Doping Rules ( October 2020) Page 38 of 65 10.13 Commencement of Ineligibility Period Where an Athlete 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 Inelig... |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the f inal 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. |
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