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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. |
]World Anti-Doping Code 20211 PARTDoping Control404.4.8 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping Organization and/or the International Federation affected, exclusively to CAS.4.4.9 A failure to render a decision within a reasonable time on a properly submi... |
In addition, WADA may include in the monitoring program substances that are on the Prohibited List, but which are to be monitored under certain circumstances—e.g., Out-of-Competition Use of some substances prohibited In-Competition only or the combined Use of multiple substances at low doses (“stacking”)—in order to e... |
WADA shall make available to International Federations and National Anti-Doping Organizations, on at least an annual basis, aggregate information by sport regarding the monitored substances. |
Such monitoring program reports shall not contain additional details that 33 [Comment to Article 4.5: In order to improve the efficiency of the monitoring program, once a new substance is added to the published monitoring program, laboratories may re-process data and Samples previously analyzed in order to determine th... |
]ARTICLE 4 The Prohibited ListARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202141could link the monitoring results to specific Samples. |
WADA shall implement measures to ensure that strict anonymity of individual Athletes is maintained with respect to such reports. |
The reported Use or detected presence of a monitored substance shall not constitute an anti-doping rule violation.ARTICLE 5 TESTING AND INVESTIGATIONS5.1 Purpose of Testing and InvestigationsTesting and investigations may be undertaken for any anti-doping purpose.345.1.1 Testing shall be undertaken to obtain analytical... |
See, e.g., Comment to Article 23.2.2.] |
35 [Comment to Article 5.2: Additional authority to conduct Testing may be conferred by means of bilateral or multilateral agreements among Signatories. |
Unless the Athlete has identified a sixty-minute Testing window during the following described time period, or otherwise consented to Testing during that period, before Testing an Athlete between the hours of 11:00 p.m. and 6:00 a.m., an Anti-Doping Organization should have serious and specific suspicion that the Athle... |
A challenge to whether an Anti-Doping Organization had sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test or attempted test. |
]World Anti-Doping Code 20211 PARTDoping Control425.2.1 Each National Anti-Doping Organization shall have In-Competition and Out-of-Competition Testing authority over all Athletes who are nationals, residents, license-holders or members of sport organizations of that country or who are present in that National Anti-D... |
If ARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202143additional Samples are collected or additional types of analysis are performed, the International Federation or Major Event Organization shall be notified.5.3 Event Testing5.3.1 Except as otherwise provided below, only a single organization shall have ... |
At International Events, the international organization which is the ruling body for the Event (e.g., the International Olympic Committee for the Olympic Games, the International Federation for a World Championship and Panam Sports for the Pan American Games) 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 the ruling body for an Event, any Testing during the Event Period outside of the Event Venues shall be coordinated with that ruling body.365.3.2 If an Anti-Doping Organization, which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event, desires... |
If the Anti-Doping Organization is not satisfied with the response from the ruling body of the Event, the Anti-Doping Organization may, in accordance with procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to 36 [Comment to Article 5.3.1: S... |
]World Anti-Doping Code 20211 PARTDoping Control44determine how to coordinate such Testing. |
WADA shall not grant approval for such Testing before consulting with and informing 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.375.4 Testing Requirements5.4.1 Anti-Doping Organizations shall conduct test distribution planning and Testing as required by the In... |
5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.5.5 Athlete Whereabouts InformationAthletes who have been included in a Registered Testing Pool by their International Federation ... |
The International Federations 37 [Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event. |
Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti-Doping Organization of the country where the Event takes place. |
The Anti-Doping Organization “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process. |
]ARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202145and National Anti-Doping Organizations shall coordinate the identification of such Athletes and the collection of their whereabouts information. |
Each International Federation and National Anti-Doping Organization shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name. |
Athletes shall be notified before they are included in a Registered Testing Pool and when they are removed from that pool. |
The whereabouts information they provide while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test the Athlete as provided in Article 5.2. |
Whereabouts information shall be maintained in strict confidence at all times; shall be used exclusively for purposes of planning, coordinating or conducting Doping Control, providing information relevant to the Athlete Biological Passport or other analytical results, to support an investigation into a potential anti-d... |
Anti-Doping Organizations may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool and impose appropriate and proportionate non-Code Article 2.4 consequences under their own rules.5.6 Retired A... |
WADA , in consultation World Anti-Doping Code 20211 PARTDoping Control46with the relevant International Federation and National Anti-Doping Organization, may grant an exemption to the six-month written notice rule where the strict application of that rule would be unfair to an Athlete. |
This decision may be appealed under Article 13.385.6.1.1 Any competitive results obtained in violation of Article 5.6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event.5.6.2 If an Athlete retires from sport wh... |
If the Athlete then wishes to return to active competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six-month prior written notice (or notice equivalent to the period of Ineligibility remaining as of ... |
]World Anti-Doping Code 202147ARTICLE 6 ANALYSIS OF SAMPLESSamples shall be analyzed in accordance with the following principles:6.1 Use of Accredited, Approved Laboratories and Other LaboratoriesFor purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WA... |
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by the Anti-Doping Organization responsible for Results Management.396.1.1 As provided in Article 3.2, facts related to anti-doping rule violations may be established by any reliable means. |
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories.39 [Comment to Article 6.1: For cost and geographic access reasons, WADA may approve laboratories which are not WADA-accredited to perform particular analyses, for example, analy... |
Before approving any such laboratory, WADA will ensure it meets the high analytical and custodial standards required by WADA. |
Violations of Article 2.1 may be established only by Sample analysis performed by a WADA-accredited laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable. |
]World Anti-Doping Code 20211 PARTDoping Control486.2 Purpose of Analysis of Samples and DataSamples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pu... |
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete.41 Any research involving Samples and related analytical data o... |
See also Comments to Articles 5.1 and 23.2.2. |
]41 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. |
Samples and related information used for such permitted non-research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19, as well as the requirements of the International Standard for Labora... |
]ARTICLE 6 Analysis of SamplesWorld Anti-Doping Code 2021496.4 Standards for Sample Analysis and Reporting42Laboratories shall analyze Samples and report results in conformity with the International Standard for Laboratories.6.4.1 Laboratories at their own initiative and expense may analyze Samples for Prohibited Subst... |
Results from any such analysis shall be reported to that Anti-Doping Organization and have the same validity and Consequences as any other analytical result.6.5 Further Analysis of a Sample Prior to or During Results ManagementThere shall be no limitation on the authority of a laboratory to conduct repeat or additional... |
If after such notification the Anti-Doping Organization wishes to conduct additional analysis on that Sample, it may do so with the consent of the Athlete or approval from a hearing body.6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti-Doping Rule Violatio... |
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed. |
]World Anti-Doping Code 20211 PARTDoping Control50time exclusively at the direction of either the Anti-Doping Organization that initiated and directed Sample collection or WADA . |
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA , and shall be responsible for any follow-up Results Management. |
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization shall be at WADA ’s or that organization’s expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.6.7 Split of A or B SampleWhere WADA , an Anti-Doping Organization with Results Management authority and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results ... |
Upon request by WADA , the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data.43 If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a... |
After analysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.4443 [Comment to Article 6.8: Resistance or ref... |
Where necessary, the laboratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
]44 [Comment to Article 6.8: WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non-compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti-doping rule violation or its Consequences. |
]World Anti-Doping Code 20211 PARTDoping Control52ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS45Results Management under the Code (as set forth in Articles 7, 8 and 13) establishes a process designed to resolve anti-doping rule violation matters in a fair, expeditio... |
Each Anti-Doping Organization conducting Results Management shall establish a process for the pre-hearing administration of potential anti-doping rule violations that respects the principles set forth in this Article. |
While each Anti-Doping Organization is permitted to adopt and implement its own Results Management process, Results Management for every Anti-Doping Organization shall at a minimum meet the requirements set forth in the International Standard for Results Management.7.1 Responsibility for Conducting Results ManagementEx... |
While the various approaches have not been entirely uniform, many have proven to be fair and effective systems for Results Management. |
The Code does not supplant each of the Signatories’ Results Management systems. |
This Article and the International Standard for Results Management do, however, specify basic principles in order to ensure the fundamental fairness of the Results Management process which must be observed by each Signatory. |
The specific anti-doping rules of each Signatory shall be consistent with these basic principles. |
Not all anti-doping proceedings which have been initiated by an Anti-Doping Organization need to go to hearing. |
There may be cases where the Athlete or other Person agrees to the sanction which is either mandated by the Code or which the Anti-Doping Organization considers appropriate where flexibility in sanctioning is permitted. |
In all cases, a sanction imposed on the basis of such an agreement will be reported to parties with a right to appeal under Article 13.2.3 as provided in Article 14 and published as provided in Article 14.3 . |
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 202153pursues that anti-doping rule violation). |
Regardless of which organization conducts Results Management, it shall respect the Results Management principles set forth in this Article, Article 8, Article 13 and the International Standard for Results Management, and each Anti-Doping Organization’s rules shall incorporate and implement the rules identified in Arti... |
WADA ’s decision may be appealed to CAS within seven (7) days of notification of the WADA decision by any of the Anti-Doping Organizations involved in the dispute. |
The appeal shall be dealt with by CAS in an expedited manner and shall be heard before a single arbitrator. |
Any Anti-Doping Organization seeking to conduct Results Management outside of the authority provided in this Article 7.1 may seek approval to do so from WADA .7.1.2 Where a National Anti-Doping Organization elects to collect additional Samples pursuant to Article 5.2.6, then it shall be considered the Anti-Doping Organ... |
However, where the National Anti-Doping Organization only directs the laboratory to perform additional types of analysis at the National Anti-Doping Organization’s expense, then the International Federation or Major Event Organization shall be considered the Anti-Doping Organization that initiated and directed Sample ... |
7.1.3 In circumstances where the rules of a National Anti-Doping Organization do not give the National Anti-Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport World Anti-Doping Code 20211 PARTDoping Control54organization of that country,... |
For Results Management purposes, for a test or a further analysis conducted by WADA on its own initiative, or an anti-doping rule violation discovered by WADA , WADA shall designate an Anti-Doping Organization with authority over the Athlete or other Person.467.1.4 For Results Management relating to a Sample initiate... |
In the event the Major Event Organization assumes only limited Results Management responsibility, the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results Management.46 [Comment to Article 7.1.3: The Athlete’s or other Person’s International Federat... |
An International Federation is free to provide in its own anti-doping rules that the Athlete’s or other Person’s National Anti-Doping Organization shall conduct Results Management. |
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 2021557.1.5 WADA may direct an Anti-Doping Organization with Results Management authority to conduct Results Management in a particular case. |
If that Anti-Doping Organization refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person, that is willing to do so, to take Results Ma... |
In such case, the refusing Anti-Doping Organization shall reimburse the costs and attorney fees of conducting Results Management to the other Anti-Doping Organization designated by WADA , and a failure to reimburse costs and attorney’s fees shall be considered an act of non-compliance.477.1.6 Results Management in rela... |
The Anti-Doping Organization that determines a filing failure or a missed test shall submit that information to WADA through ADAMS, where it will be made available to other relevant Anti-Doping Organizations.47 [Comment to Article 7.1.5: Where WADA directs another Anti-Doping Organization to conduct Results Management... |
]World Anti-Doping Code 20211 PARTDoping Control567.2 Review and Notification Regarding Potential Anti-Doping Rule ViolationsReview and notification with respect to a potential anti-doping rule violation shall be carried out in accordance with the International Standard for Results Management. |
7.3 Identification of Prior Anti-Doping Rule ViolationsBefore giving an Athlete or other Person notice of a potential anti-doping rule violation as provided above, the Anti-Doping Organization shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping ... |
In addition, the Signatory imposing a Provisional Suspension shall ensure that the Athlete is given an opportunity for a Provisional Hearing either before or promptly after the imposition of the Provisional Suspension, or an expedited final hearing under Article 8 promptly after imposition of the Provisional Suspension... |
The Athlete has a right to appeal under Article 13.2.3.In the rare circumstance where the B Sample analysis does not confirm the A Sample finding, the Athlete who had been Provisionally Suspended will be allowed, where circumstances permit, to participate in subsequent Competitions during the Event. |
Similarly, depending upon the relevant rules of the International Federation in a Team Sport, if the team is still in Competition, the Athlete may be able to take part in future Competitions.Athletes and other Persons shall receive credit for a Provisional Suspension against any period of Ineligibility which is ultimat... |
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 202157review process) is received for a Prohibited Substance or a Prohibited Method, other than a Specified Substance or Specified Method, a Provisional Suspension shall be imposed promptly upon or a... |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the hearing panel that the violation is likely to have involved a Contaminated Product, or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article ... |
A hearing body’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances, Specified Methods, Contaminated Products, or... |
The rules of the Anti-Doping Organization shall also provide an opportunity for an expedited appeal against the imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, in accordance with Article 13.7.4.4 Voluntary Acceptance of Provisional SuspensionAthletes on their own initiati... |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) days from the notice of the anti-doping rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension, the Athlete or other Person may wit... |
In circumstances where the Athlete (or the Athlete’s team as may be provided in the rules of the applicable Major Event Organization or International Federation) has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without oth... |
]World Anti-Doping Code 20211 PARTDoping Control607.5.2 A Results Management decision or adjudication by a Major Event Organization in connection with one of its Events may be limited in its scope but shall address and determine, at a minimum, the following issues: (i) whether an anti-doping rule violation was commit... |
In the event a Major Event Organization accepts only limited responsibility for Results Management decisions, it must comply with Article 7.1.4.507.6 Notification of Results Management DecisionsAthletes, other Persons, Signatories and WADA shall be notified of Results Management decisions as provided in Article 14 and... |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. |
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