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Further, the laborator y’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. |
In no event shall the possibility t hat the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitute a defens e to an anti -doping rule violation based on the presence of that Prohibited Substance in the Sample.] |
14 [Comment to Article 3.2.2: Error! |
Main Document Only. |
The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. |
Thus, once the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to WT to prove to the com... |
WT 2021 Anti-Doping Rules 12 constitute a def ense to an anti -doping rule violation;15 provided, however, if the Athlete or other Person establishes that a departure from one of the specific International Standard provisions listed below could reasonably have caused an anti-doping rule violation based on an Adv... |
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person est... |
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have 15 [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handli ng, Adverse Passport Finding, ... |
Similarly, WT’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violation.] |
16 [Comment to Article 3.2.3 (iii): WT would meet its burden to establish that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.] |
WT 2021 Anti-Doping Rules 13 committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel ) and to answer questions from th... |
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code . |
Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA , without requiring any further action by WT or its MNA s. All Athletes and other Persons shall be bound by the Prohibited ... |
It is the responsibi lity of all Athletes and other Persons to familiarize themselves with the most up -to-date version of the Prohibited List and all revisions thereto. |
WT shall provide its MNA s with the most recent version of the Prohibited List . |
Each MNA shall in turn ensur e that its members , and the constituents of its members , are also provided with the most recent version of the Prohibited List .17 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibite... |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 4.2.2 Specified Substances or Specified Methods For purposes of the application of Artic le 10, all Prohibited Substances ... |
No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.19 17 [Comment t o Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada -ama.org . |
The Prohibited List will be revised and published on an expedited basis whenever the need arises. |
However, for t he sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.] |
18 [Comment to Article 4.2.1: Out -of-Competition Use of a Substance which is only prohibited In -Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the Substance or its Metabolites or Markers is reported for a Sample collected In -Competition.] |
19 [Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping Substances or Methods . |
Rather, they are simply Substances and Methods which are more likely to have been consumed or used by an Athle te for a purpose other than the enhancement of sport performance. ] |
WT 2021 Anti-Doping Rules 14 4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of spo... |
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In-Com... |
4.4 Therapeutic Use Exemptions (“TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti -doping rule violat... |
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE. |
If the National Anti -Doping Organization denies the application, the Athlete may appeal exclusively to the appellate body described in Article 13.2.2. |
4.4.2.2 Athletes who are International -Level Athletes shall apply to WT. |
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization pursuant to Article 4.4 of the Code for the substance or method in question and provided that such TUE has been reported in accordance with Article 5. |
5 of the International Standard for Therapeutic Use Exemption s, WT will automatically recognize it for purposes of international -level Competition without the need to review the relevant clinical information . |
20 [Comment to Article 4.4.3: If WT refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not ... |
Instead, the file should be completed and re -submitted to WT.] |
[Comment to Article 4.4.3: WT may agree w ith a National Anti -Doping Organization that the National Anti -Doping Organization will consider TUE applications on behalf of WT.] |
WT 2021 Anti-Doping Rules 15 4.4.3. |
2 If WT chooses to test an Athlete who is not an International -Level Athlete , WT must recognize a TUE granted to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeut... |
4.4.4 TUE Application Process 21 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to WT. |
4.4.4.2 An application to WT for grant or recognition of a TUE must be made as soon as possible , save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply . |
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on WT’s website. |
4.4.4.3 WT shall establish a Therapeutic Use Exemption Committee (“WT TUEC” ) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a) -(d) below : (a) The WT TUEC shall consist of a minimum of five (5) members with experience in the care and treatment of Athletes and s... |
(b) Before serving as a member of the WT TUEC, each member must sign a conflict of interest and confidentiality declaration. |
The appointed members shall not be employees of WT. |
(c) When an application to WT for the grant or recognition of a TUE is made, the Chair of the WT TUEC or the WT shall appoint three (3) members (which may include the Chair) to consider the application. |
(d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Athlete making the application. |
If a member is unwilling or unable to assess the Athlete’s TUE application, for any reason, the Chair or the WT shall appoint a replacement from the pool of members appointed under point (a) above . |
The Chair cannot serve as a member of the WT TUEC if there are any circumstances which are likely to affect the impartial ity of the TUE decision. |
4.4.4.4 The WT TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than 21 [Comment to Article 4.4.4: The submission of falsified... |
An Athlete should not assume that their application for the grant or recognitio n of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.] |
WT 2021 Anti-Doping Rules 16 twenty -one ( 21) days of receipt of a complete application. |
Where the application is made in a reasonable time prior to an Event , the WT TUEC must use its best endeavors to issue its decision before the start of the Event . |
4.4.4.5 The WT TUEC decision shall be the final decision of WT and may be appealed in accordance with Article 4.4. |
7. |
WT TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions . |
It shall also promptly be reported into ADAMS . |
4.4.4.6 If WT (or the National Anti -Doping Organization , where it has agreed to consider the application on behalf of WT) denies the Athlete’s application, it must notify the Athlete promptly, with reasons. |
If WT grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization . |
If the National Anti -Doping Organization considers that the TUE granted by WT does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4. |
7. |
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by WT remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition ) pending WADA’s decision. |
If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by WT becomes valid for national -level Competitio n as well when the twenty -one (21) d ay review deadline expires. |
4.4.5 Retroactive TUE Applications If WT chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete , and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, WT must permit that Athlete to apply for a retroactive TUE. |
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with... |
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal , or reversal of the TUE. |
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding , WT 2021 Anti-Doping Rules 17 reported shortly after the TUE expiry, withdrawal or r eversal, shall include consideration of whether such finding is consistent with Use of the Prohibi... |
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review WT’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organization . |
In addition, WADA must review WT’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization . |
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. |
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it. |
If the TUE decision does not meet those criteria, WADA will reverse it.22 4.4.7.2 Any TUE decision by WT (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of WT) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be app... |
4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant /recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal . |
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations24 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose. |
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and the eventual specific protocols of WT supplementing that International Standard . |
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 ( Presence of a Prohibited Substance or its 22 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with... |
23 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the WT’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. |
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. |
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.] |
24 [Comment to Article 5.1: Wher e Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organization’s rules. |
See, e.g., Comment to Article 23.2.2 of the Code.] |
WT 2021 Anti-Doping Rules 18 Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibit ed Substance or a Prohibited Method ). |
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, WT shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti-Doping Rules ”). |
5.2.2 WT may require a ny Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.25 5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code . |
5.2.4 If WT delegates or contracts any part of Testing to a National Anti -Doping Organization directly or through a MNA , that National Anti -Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organization’s expense . |
If additional Samples are collected or additional types of analysis are performed, WT shall be notified. |
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period . |
At International Events , WT (or other international organization which is the ruling body for an Event ) shall have authority to conduct Testing . |
At National Events , the National Anti -Doping Organization of that country shall have authority to conduct Testing . |
At the request of WT (or other international organization which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with WT (or the relevant ruling body of the Event ). |
5.3.2 If an Anti-Doping Organization , which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event , desires to conduct Testing of Athletes at the Event Venues during the Event Period , the Anti-Doping Organization shall first confer with WT (or other i... |
If the Anti-Doping Organization is not satisfied with the response from WT (or other intern ational organization which is the ruling body of the Event ), the Anti-Doping Organization may, in accordance with the procedures described in the International Standard for Testing and Investigations, ask WADA for permission ... |
WADA shall not grant approval for such Testing before consulting with and informing WT (or other international organization 25 [Comment to Article 5.2.2: WT may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories. |
Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, WT will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping. |
A challenge to whether WT had sufficient suspic ion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.] |
WT 2021 Anti-Doping Rules 19 which is the ruling body for the Event ). |
WADA’s decision shall be final and not subject to appeal. |
Unless otherwise provided in the authorization to conduct Testing , such tests shall be considered Out-of-Competition tests . |
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event .26 5.3.3 The overall costs of Testing and Sample analysis is the responsibility of the organizing committee and/or the MNA of... |
WT may at its own discretion decide to take responsibility for those costs. |
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