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14.3.5 Publication shall be accomplished at a minimum by placing the required information on the FISA’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility , after which it will be removed from FISA’s website.
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organisation , Member Federation , or WADA-accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Rower, other Person or their entourage or other representatives.
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Rower or other Person who has been found to have committed an anti-doping rule violation is a Minor, Protected Person or Recreational Rower .
Any optional Public Disclosure in a case involving a Minor, Protected Person or Recreational Rower shall be proportionate to the facts and circumstances of the case.
14.4 Statistical Reporting FISA shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA.
FISA may also publish reports showing the name of each Rower tested and the date of each Testing.
14.5 Doping Control Information Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organisations , FISA shall report to WADA through ADAMS Doping Control -related information, including, in particular: (a) Athlete Biological Passport data for International-Level Rowers and National-Level Rowers, (b) Whereabouts information for Rowers including those in Registered Testing Pools , (c) TUE decisions, and FISA 2021 Anti-Doping Bye-Laws Page 51 of 67 (d) Results Management decisions, as required under the applicable International Standard(s) .
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organisations , and to ensure that Athlete Biological Passport profiles are updated, FISA shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations.
14.5.2 To facilitate WADA’s oversight and appeal rights for TUEs, FISA shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions .
14.5.3 To facilitate WADA’s oversight and appeal rights for Results Management , FISA shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti-doping rule violations and related decisions for Adverse Analytical Findings ; (b) notifications and related decisions for other anti-doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension .
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Rower, the Rower’s National Anti-Doping Organisation , and any other Anti-Doping Organisations with Testing authority over the Rower.
14.6 Data Privacy 14.6.1 FISA may collect, store, process or disclose personal information relating to Rowers and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code, the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these Anti-Doping Bye-Laws, and in compliance with applicable law.
14.6.2 Without limiting the foregoing, FISA shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti-Doping Bye-Laws, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Information, that their personal information may be processed by FISA and other Persons for the purpose of the implementation of these Anti-Doping Bye-Laws; (c) Ensure that any third-party agents (including any Delegated Third Party ) with whom FISA shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.
FISA 2021 Anti-Doping Bye-Laws Page 52 of 67 ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organisations 15.1.1 A decision of an anti-doping rule violation made by a Signatory Anti-Doping Organisation , an appellate body (Article 13.2.2 of the Code) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon FISA and its Member Federations , as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decision by any of the above-described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Rower or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hearing or expedited appeal offered in accordance with Article 7.4.3) automatically prohibits the Rower or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension .
15.1.1.2 A decision by any of the above-described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Rower or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineligibility .
15.1.1.3 A decision by any of the above-described bodies accepting an anti-doping rule violation automatically binds all Signatories .
15.1.1.4 A decision by any of the above-described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.
15.1.2 FISA and its Member Federations shall recognise and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date FISA receives actual notice of the decision or the date the decision is placed into ADAMS.
15.1.3 A decision by an Anti-Doping Organisation , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon FISA and its Member Federations without any further action required, on the earlier of the date FISA receives actual notice of the decision or the date the decision is placed into ADAMS.
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti-doping rule violation by a Major Event Organisation made in an expedited process during an Event shall not be binding on FISA or its Member Federations unless the rules of the Major Event Organisation provide the Rower or other Person with an opportunity to an appeal under non-expedited procedures.70 70 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organisation give the Rower or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organisation is binding on other Signatories regardless of whether the Rower or other Person chooses the expedited appeal option.]
FISA 2021 Anti-Doping Bye-Laws Page 53 of 67 15.2 Implementation of Other Decisions by Anti-Doping Organisations FISA and its Member Federations may decide to implement other anti-doping decisions rendered by Anti-Doping Organisations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Rower or other Person.71 15.3 Implementation of Decisions by Body that is not a Signatory An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by FISA and its Member Federations , if FISA finds that the decision purports to be within the authority of that body and the anti-doping rules of that body are otherwise consistent with the Code.72 ARTICLE 16 STATUTE OF LIMITATIONS No anti-doping rule violation proceeding may be commenced against a Rower or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.
ARTICLE 17 EDUCATION FISA shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education .
FISA may decide to request that Rowers complete Educational activities before and/or during their participation in select Events (e.g: Youth World Championships) as a condition of such participation.
The list of Events for which Rowers will be required to complete Educational activities as a condition of participation will be published on FISA’s website.
ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER FEDERATIONS 18.1 All Member Federations and their members shall comply with the Code, International Standards , and these Anti-Doping Bye-Laws.
All Member Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that FISA may enforce these Anti-Doping Bye-Laws (including carrying out Testing) directly in 71 [Comment to Articles 15.1 and 15.2: Anti-Doping Organisation decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part.
For example, when a National Anti- Doping Organisation decides to Provisionally Suspend a Rower, that decision is given automatic effect at the International Federation level.
To be clear, the “decision” is the one made by the National Anti-Doping Organisation, there is not a separate decision to be made by the International Federation.
Thus, any claim by the Rower that the Provisional Suspension was improperly imposed can only be asserted against the National Anti-Doping Organisation.
Implementation of Anti-Doping Organisations’ decisions under Article 15.2 is subject to each Signatory’s discretion.
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision.
The extent of recognition of TUE decisions of other Anti-Doping Organisations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.
]s 72 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, FISA, other Signatories and Member Federations should attempt to apply the decision in harmony with the principles of the Code.
For example, if in a process consistent with the Code a non-Signatory has found a Rower to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in the Rower’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then FISA and all other Signatories should recognise the finding of an anti-doping rule violation and the Rower’s National Anti-Doping Organisation should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.
FISA or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealable under Article 13.]
FISA 2021 Anti-Doping Bye-Laws Page 54 of 67 respect of Rowers (including National-Level Rowers ) and other Persons under their anti-doping authority as specified in the Introduction to these Anti-Doping Bye-Laws (Section “Scope of these Anti-Doping Bye-Laws”).
18.2 Each Member Federation shall incorporate these Anti-Doping Bye-Laws either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the Member Federation may enforce them itself directly in respect of Rowers (including National-Level Rowers ) and other Persons under its anti-doping authority.
18.3 By adopting these Anti-Doping Bye-Laws, and incorporating them into their governing documents and rules of sport, Member Federations shall cooperate with and support FISA in that function .
They shall also recognise, abide by and implement the decisions made pursuant to these Anti-Doping Bye-Laws, including the decisions imposing sanctions on Persons under their authority.
18.4 All Member Federations shall take appropriate action to enforce compliance with the Code, International Standards , and these Anti-Doping Bye-Laws by inter alia : (i) conducting Testing only under the documented authority of FISA and using their National Anti-Doping Organisation or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations; (ii) recognising the authority of the National Anti-Doping Organisation in their country in accordance with Article 5.2.1 of the Code and assisting as appropriate with the National Anti-Doping Organisation’s implementation of the national Testing program for their sport; (iii) analysing all Samples collected using a WADA-accredited or WADA-approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national level anti-doping rule violation cases discovered by Member Federations are adjudicated by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management .
18.5 All Member Federations shall establish rules requiring all Rowers preparing for or participating in a Competition or activity authorised or organised by a Member Federation or one of its member organisations, and all Athlete Support Personnel associated with such Rowers, to agree to be bound by these Anti-Doping Bye-Laws and to submit to the Results Management authority of the Anti-Doping Organisation in conformity with the Code as a condition of such participation.
18.6 All Member Federations shall report any information suggesting or relating to an anti-doping rule violation to FISA and to their National Anti-Doping Organisations and shall cooperate with investigations conducted by any Anti-Doping Organisation with authority to conduct the investigation.
18.7 All Member Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Rowers under the authority of FISA or the Member Federation .
18.8 All Member Federations shall conduct anti-doping Education in coordination with their National Anti-Doping Organisations.
FISA 2021 Anti-Doping Bye-Laws Page 55 of 67 18.9 All Member Federations shall ensure that their Rowers comply with their obligations to provide whereabouts information under Article 5.5.
Failure by a Member Federation to cooperate timely and fully with FISA in the collection of whereabouts information may result in disciplinary sanctions against the Member Federation under the FISA’s disciplinary rules, in addition to the consequences set forth in Article 12.
ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF FISA 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, FISA shall report to WADA on FISA’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code.
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code, all FISA board members, directors, officers, employees and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by FISA, agreeing to be bound by these Anti-Doping Bye-Laws as Persons in conformity with the Code for direct and intentional misconduct.
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code, any FISA employee who is involved in Doping Control (other than authorised anti-doping Education or rehabilitation programs) must sign a statement provided by FISA confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to them.
ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ROWERS 20.1 To be knowledgeable of and comply with these Anti-Doping Bye-Laws.
20.2 To be available for Sample collection at all times.73 20.3 To take responsibility, in the context of anti-doping, for what they ingest and Use.
20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti-Doping Bye-Laws.
20.5 To disclose to FISA and their National Anti-Doping Organisation any decision by a non-Signatory finding that the Rower committed an anti-doping rule violation within the previous ten (10) years.
20.6 To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.
Failure by any Rower to cooperate in full with Anti-Doping Organisations investigating anti-doping rule violations may result in a charge of misconduct under FISA's Judicial Provisions, Articles 63 to 67 of the FISA Statutes.
20.7 To disclose the identity of their Athlete Support Personnel upon request by FISA or a Member Federation , or any other Anti-Doping Organisation with authority over the Rower.
73 [Comment to Article 20.2: With due regard to a Rower’s human rights and privacy, legitimate anti-doping considerations sometimes require Sample collection late at night or early in the morning.
For example, it is known that some Rowers Use low doses of EPO during these hours so that it will be undetectable in the morning.]
FISA 2021 Anti-Doping Bye-Laws Page 56 of 67 20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Rower, which does not otherwise constitute Tampering , may result in a charge of misconduct under FISA's Judicial Provisions, Articles 63 to 67 of the FISA Statutes.
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti-Doping Bye-Laws.
21.2 To cooperate with the Rower Testing program.
21.3 To use their influence on Rower values and behaviour to foster anti-doping attitudes.
21.4 To disclose to FISA and their National Anti-Doping Organisation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.
Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organisations investigating anti-doping rule violations may result in a charge of misconduct under FISA'sJudicial Provisions, Articles 63 to 67 of the FISA Statutes.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under FISA's Judicial Provisions, Articles 63 to 67 of the FISA Statutes.
21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in a charge of misconduct under FISA'sJudicial Provisions, Articles 63 to 67 of the FISA Statutes.
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI-DOPING BYE-LAWS.
22.1 To be knowledgeable of and comply with these Anti-Doping Bye-Laws.
22.2 To disclose to FISA and their National Anti-Doping Organisation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.
22.3 To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.
Failure by any other Person subject to these Anti-Doping Bye-Laws to cooperate in full with Anti-Doping Organisations investigating anti-doping rule violations may result in a charge of misconduct under FISA's Judicial Provisions, Articles 63 to 67 of the FISA Statutes.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person, which does not otherwise constitute Tampering , may result in a FISA 2021 Anti-Doping Bye-Laws Page 57 of 67 charge of misconduct under FISA'sJudicial Provisions, Articles 63 to 67 of the FISA Statutes.
ARTICLE 23 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code.
23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise specified.
23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
However, pre- Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post- Code violations.
23.7 The Purpose, Scope and Organisation of the World Anti-Doping Program and the Code and Appendix 1, Definitions shall be considered integral parts of the Code.
ARTICLE 24 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti-Doping Bye-Laws, it shall mean calendar days unless otherwise specified.
24.2 These Anti-Doping Bye-Laws shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3 These Anti-Doping Bye-Laws have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti-Doping Bye-Laws and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral parts of these Anti-Doping Bye-Laws.
24.5 The comments annotating various provisions of these Anti-Doping Bye-Laws shall be used to interpret these Anti-Doping Bye-Laws.
24.6 These Anti-Doping Bye-Laws shall enter into force on 1 January 2021 (the “Effective Date”).
They repeal previous versions of FISA’s Anti-Doping Bye-Laws.
FISA 2021 Anti-Doping Bye-Laws Page 58 of 67 24.7 These Anti-Doping Bye-Laws shall not apply retroactively to matters pending before the Effective Date.
However: 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
24.7.2 Any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive anti-doping bye-laws in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping rules set out in these Anti-Doping Bye-Laws, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Anti-Doping Bye-Laws (provided, however, that Article 16 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve (12) months after it occurred .
24.7.4 With respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Rower or other Person is still serving the period of Ineligibility as of the Effective Date, the Rower or other Person may apply to FISA or other Anti-Doping Organisation which had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti-Doping Bye-Laws.
Such application must be made before the period of Ineligibility has expired.
The decision rendered may be appealed pursuant to Article 13.2.