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12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12. |
2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period . |
In such event , that organization or body may be suspend ed for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti-doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount up to $2500 U.S. |
Dollars . |
12.2.4 That organization or body has failed to make diligent efforts to keep World Skate informed about an Athlete's whereabouts after receiving a request for that information from World Skate . |
In such event , that organization or body may be fined in an amount up to $1000 U.S. |
Dollars, per Athlete , in addition to reimbursement of all of World Skate ’s costs incurred in Testing that organization’s or body’s Athletes . |
12.3 Withhold some or all funding or other financial and non-financial support to that organization or body . |
12.4 Oblige that organization or body to reimburse World Skate for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organization or body . |
World Skate Anti -Doping Rules Page 44 of 67 ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code ... |
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 A... |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by World Skate not to bring forward an Adverse Analytical Finding or an Atypical 61 [Comment to Article 13: The object of the Code is to have anti -doping matters resolved through fair and transparent internal processe... |
Anti -doping decisions by Anti-Doping Organizations are made transparent in Article 14. |
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to ap peal under Article 13 does not include Athletes, or their federations, who might benefit from having another competitor Disqualified.] |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather fo r clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.] |
63 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry wei ght in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of World Skate’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of World Skate’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in World Skate’s... |
World Skate Anti -Doping Rules Page 45 of 67 Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordance with the International Standard for Results Management ; a decision to impose, or lift, a Provisional Suspension as a re... |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In c... |
The rules for such appeal sha ll 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 Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other par... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, sh all include the following parties: (a) the Athlete or o... |
World Skate Anti -Doping Rules Page 46 of 67 the National Anti -Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effec... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and World Skate shall also have the right to appeal to CAS with respect to the decision of the national -level appeal body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization 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 part ies 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 Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions by World Skate pursuant to Article 12 may be appeale d exclusively to CAS by the National 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 th e party’s answer.66 13.3 Failure to Render a Timely Decision by World Skate Where, in a particular case, World Skate fails to render a decision with respect to whether an anti -doping rule vi... |
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 World Skate .67 66 [Comment to Article 13.2.4: This provision is n... |
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 World Skate to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with World Skate and give World Skate an opportunity to expl ain why it has not yet rendered a decision.] |
World Skate Anti -Doping Rules Page 47 of 67 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions World Skate shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations 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 Organization shall be indicated by the same rules of the National Anti -Doping Organization . |
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 receip t of the complete file relating to the decision. |
68 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expira tion of a party's right to appeal if the party has not received the decision.] |
World Skate Anti -Doping Rules Page 48 of 67 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 Athletes and other Persons Notice to Athlete... |
If at any point during Results Management up until the anti -doping rule violation charge, World Skate decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Notice shall be emailed or delivered to Athletes or other Persons with a confirmation of receipt. |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice t... |
Notice s hall be emailed or delivered simultaneously to the Athlete ’s or other Persons National Anti -Doping Organization and WADA with a confirmation of receipt. |
If at any point during Results Management up until the anti -doping rule violation charge, World Skate decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
14.1.3 Content of an Anti-Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In-Competition or Out-of-Competition , the date of Samp... |
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 Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and f indings of any review or proceedi... |
14.1.5 Confidentiality World Skate Anti -Doping Rules Page 49 of 67 The recipient organizations 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 , National Federation , and team in a Team ... |
14.1.6 Protection of Confidential Information by an Employee or Agent of World Skate World Skate shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance ... |
World Skate shall ensure that its employees (whether permanent or otherwise), contractors, agents , consultan ts, 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 unauthorized... |
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, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed . |
Where the decision is not in English or French, World Skate shall provide an English or French summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organization 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 Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a ... |
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 t imely challenged, or the mat... |
World Skate must also Publicly Disclose within twenty World Skate Anti -Doping Rules Page 50 of 67 (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above .69 14.3.3 After an anti -doping rule violation has been determined to have been c... |
14.3.4 In any cas e where it is determined, after a hearing or appeal, that the Athlete 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 fact s may not be Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
World Skate 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 Athlete or other Person may approve. |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on World Skate ’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility and it will be removed immediately aft er the expiry of the indicated time period . |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization , National 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 ... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor , Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the fac ts and circumstances of the case. |
14.4 Statistical Reporting World Skate shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
World Skate may also publish reports showing the name of each Athlete 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 Organizations , 69 [Comment to Article 14.3.2: Where Public Disclosure... |
World Skate Anti -Doping Rules Page 51 of 67 World Skate shall report to WADA through ADAMS Doping Control -related information, including, in particular : (a) Athlete Biological Passport data for International -Level Athletes and National -Level Athletes , (b) Whereabouts information for Athletes including... |
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biological Passport profiles are updated , World Skate shall report all In-Competition and Out-of-Competition tests to WADA by entering the Dopi... |
14.5.2 To fac ilitate WADA ’s oversight and appeal rights for TUEs , World Skate 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 , World Skate 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 rela... |
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organization , and any other Anti-Doping Organizations with Testing authority o ver the Athlete . |
14.6 Data Privacy 14.6.1 World Skate may collect, store, process or disclose personal information relating to Athletes 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 ... |
14.6.2 Without limiting the foregoing, World Skate shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protecti... |
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to the ... |
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 Athlete or other Person from participation (as described in Article 1 0.14.1) in all sports within the authority of any Signatory for the period of... |
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 an y 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 World Skate and its National Federations shall recognize 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 World Skate receives actual notice of the decision or the date the decision is plac ed into ADAMS . |
15.1.3 A decision by an Anti-Doping Organization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon World Skate and its National Federations without any further action required, on the earlier of the date World Skate receives actual notice of the decision or the date the d... |
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on World Skate or its National Federations unless the rules of the Major Event Organization provide the At... |
ARTICLE 1 7 EDUCATION World Skate 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 . |
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, International Standards , and these Anti -Doping Rules. |
All National Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that World Skate may enforce these Anti -Doping Rules (including carrying out Testing ) directly in 70 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event ... |
71 [Comment to Articles 15.1 and 15.2: Anti-Doping Organization 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 Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. |
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