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For example, for a determination that an Athlete committed an anti-doping rule violation based on an Adverse Analytical Finding for a Sample taken In-Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the da... |
]World Anti-Doping Code 2021617.7 Retirement from Sport51If an Athlete or other Person retires while a Results Management process is underway, the Anti-Doping Organization conducting the Results Management process retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Results Management process has begun, the Anti-Doping Organization which would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, has authority to conduct Results Managem... |
A timely reasoned decision specifically including an explanation of the reason(s) for any period of Ineligibility and Disqualification of results under Article 10.10 shall be Publicly Disclosed as provided in Article 14.3.5251 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other P... |
]52 [Comment to Article 8.1: This Article requires that at some point in the Results Management process, the Athlete or other Person shall be provided the opportunity for a timely, fair and impartial hearing. |
These principles are also found in Article 6.1 of the Convention for the Protection World Anti-Doping Code 20211 PARTDoping Control628.2 Event HearingsHearings held in connection with Events may be conducted by an expedited process as permitted by the rules of the relevant Anti-Doping Organization and the hearing pa... |
This Article is not intended to supplant each Anti-Doping Organization’s own rules for hearings but rather to ensure that each Anti-Doping Organization provides a hearing process consistent with these principles. |
]53 [Comment to Article 8.2: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete’s eligibility to participate in the Event or during an Event where the resolution of the case will affect the validity of the At... |
]ARTICLE 8 Results Management: Right to a Fair Hearing and Notice of Hearing DecisionARTICLE 9 Automatic Disqualification of Individual ResultsARTICLE 10 Sanctions on IndividualsWorld Anti-Doping Code 202163responsibility, and WADA , be heard in a single hearing directly at CAS.54ARTICLE 9 AUTOMATIC DISQUALIFICATI... |
Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti-Doping Organizations to incur the extra expense of two hearings. |
An Anti-Doping Organization may participate in the CAS hearing as an observer . |
]55 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation. |
]56 [Comment to Article 10: Harmonization of sanctions has been one of the most discussed and debated areas of anti-doping. |
Harmonization means that the same rules and criteria are applied to assess the unique facts of each case. |
Arguments against requiring harmonization of sanctionsWorld Anti-Doping Code 20211 PARTDoping Control64of the Athlete’s individual results obtained in that Event with all Consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1.57Factors to be included in considering w... |
A primary argument in favor of harmonization is that it is simply not right that two Athletes from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports. |
In addition, too much flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organizations to be more lenient with dopers. |
The lack of harmonization of sanctions has also frequently been the source of conflicts between International Federations and National Anti-Doping Organizations. |
]57 [Comment to Article 10.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships). |
]ARTICLE 10 Sanctions on IndividualsWorld Anti-Doping Code 20216510.2.1 The period of Ineligibility, subject to Article 10.2.4, shall be four (4) years where:10.2.1.1 The anti-doping rule violation does not involve a Specified Substance or a Specified Method, unless the Athlete or other Person can establish that the a... |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti-doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and manifestl... |
An anti-doping rule violation resulting from an Adverse Analytical Finding 58 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti-doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is high... |
]59 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2. |
]World Anti-Doping Code 20211 PARTDoping Control66for a substance which is only prohibited In-Competition shall not be considered “intentional” if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performa... |
This Article is intended to give Anti-Doping Organizations the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. |
]World Anti-Doping Code 202167of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4.10.3 Ineligibility fo... |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last-minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing. |
World Anti-Doping Code 20211 PARTDoping Control6810.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility, depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances, shall result in lifetime Ineligibility for Athlete Support Personnel. |
In addition, significant violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.6110.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up ... |
Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping. |
]62 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 (Prohibited Association by an Athlete or Other Person) is an entity and not an individual, that entity may be disciplined as provided in Article 12. |
]63 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or Other Person to DiscourageWorld Anti-Doping Code 20216910.4 Aggravating Circumstances which may Increase the Period of IneligibilityIf the Anti-Doping Organization establishes in an ind... |
]64 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not included in t... |
]65 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor . |
Conversely, No Fault or Negligence would not apply in the following circumstances:World Anti-Doping Code 20211 PARTDoping Control7010.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2... |
10.6.1.2 Contaminated ProductsIn cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse) came from ARTICLE 10 Sanctions on Individuals(a) a positive test resulting from a mislabeled or contaminated vitami... |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence. |
]World Anti-Doping Code 202171a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the Athlete or other Person’s degree of Fault.6610.6.1.3 Protected Persons or Recreational AthletesWher... |
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the D... |
This Article should not be extended beyond products that have gone through some process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non-product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti-doping rule violation, typically there would be No Fault or Negligence under Article 10.5. |
]World Anti-Doping Code 20211 PARTDoping Control7210.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.167If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable, that he or she bears No Significant Fault or Negligence, then, su... |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault10.7.1 Substantial Assistance in Discovering or Establishin... |
]68 [Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.World Anti-Doping Code 202173case where the Athlete or other Person has provided Substan... |
After an appellate decision under Article 13 or the expiration of time to appeal, an Anti-Doping Organization may only suspend a part of the otherwise applicable Consequences with the approval of WADA and the applicable International Federation. |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule World Anti-Doping Code 20211 PARTDoping Control74violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete... |
No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2.If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, the Anti-Doping Organization with Results Management respon... |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, the Anti-Doping Organization that suspended Consequences shall reinstate the original Consequences. |
If an Anti-Doping Organization decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences, that decision may be appealed by any Person entitled to appeal under Article 13.ARTICLE 10 Sanctions on IndividualsWorld Anti-Doping Code 20217510.7.1.2 To further encourage Athletes and other... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility, no mandatory Public Disclosure and/or no return of prize money or payment of fines or c... |
WADA ’s approval shall be subject to reinstatement of Consequences, as otherwise provided in this Article. |
Notwithstanding Article 13, WADA ’s decisions in the context of this Article 10.7.1.2 may not be appealed.10.7.1.3 If an Anti-Doping Organization suspends any part of an otherwise applicable sanction because of Substantial Assistance, then notice providing justification for the decision shall be provided to the other A... |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily. |
]World Anti-Doping Code 202177of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6. |
If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.10.8 Results Management Agreements10.8.1 One-Y... |
Where the Athlete or other Person receives the one-year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.7070 [Comment to Article 10.8.1: For example, if an Anti-Doping Organization alleges ... |
This resolves the case without any need for a hearing. |
]World Anti-Doping Code 20211 PARTDoping Control7810.8.2 Case Resolution AgreementWhere the Athlete or other Person admits an anti-doping rule violation after being confronted with the anti-doping rule violation by an Anti-Doping Organization and agrees to Consequences acceptable to the Anti-Doping Organization and W... |
In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one-half of the agreed-upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Suspension which was subsequently respe... |
The decision by WADA and the Anti-Doping Organization to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of the period of Ineligibility, are not matters for determination or review by a hearing body and are not subject to appeal under Article 13.If so requ... |
In those countries, the Anti-Doping Organization may not assert a specific period of Ineligibility for purposes of Article 10.8.1 nor have the power to agree to a specific period of Ineligibility under Article 10.8.2. |
In these circumstances, Article 10.8.1 and 10.8.2 will not be applicable but may be considered by the hearing body. |
]World Anti-Doping Code 20211 PARTDoping Control8010.9.1.2 A third anti-doping rule violation will always result in a lifetime period of Ineligibility, except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation o... |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility.10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7.10.9.2 An anti-doping rule violation for which an Athlete or ot... |
In addition, an anti-doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9. |
10.9.3 Additional Rules for Certain Potential Multiple Violations10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti-doping rule violation will only be considered a second violation if the Anti-Doping Organization can establish that the Athlete ... |
If the Anti-Doping Organization cannot establish this, the violations shall be considered together ARTICLE 10 Sanctions on IndividualsWorld Anti-Doping Code 202181as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of ... |
Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.7210.9.3.2 If the Anti-Doping Organization establishes that an Athlete or other Person committed an additional anti-doping rule violation prior to notification, and that the additional vio... |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1.10.9.3.3 If the Anti-Doping Organization establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying ... |
World Anti-Doping Code 20211 PARTDoping Control82as a stand-alone first violation and the period of Ineligibility for such violation shall be served consecutively, rather than concurrently, with the period of Ineligibility, if any, imposed for the underlying anti-doping rule violation. |
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1.10.9.3.4 If an Anti-Doping Organization establishes that an Athlete or other Person has committed a second or third anti-doping rule violation during a period of Ineligibility, the pe... |
An International Federation may provide in its rules whether or not the redistributed prize money shall be considered for purposes of its ranking of Athletes.7410.12 Financial ConsequencesAnti-Doping Organizations may, in their own rules, provide for proportionate recovery of costs or financial sanctions on account of ... |
However, Anti-Doping Organizations may only impose financial sanctions in cases where the maximum period of Ineligibility otherwise applicable has already been imposed. |
Financial sanctions may only be imposed where the principle of proportionality is satisfied. |
No recovery of costs or financial sanction may be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under the Code.73 [Comment to Article 10.10: Nothing in the Code precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has co... |
]74 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on the Anti-Doping Organization or other Signatory to take any action to collect forfeited prize money. |
If the Anti-Doping Organization elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by an International Federation and its Athletes. |
]World Anti-Doping Code 20211 PARTDoping Control8410.13 Commencement of Ineligibility PeriodWhere an Athlete is already serving a period of Ineligibility for an anti-doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.10.13.1 Delays Not Attributable to the Athlete or other Perso... |
All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.7510.13.2 Credit for Provisional Suspension or Period of Ineligibility Served10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person, then the Athlete or other Pers... |
If the Athlete or other ARTICLE 10 Sanctions on Individuals75 [Comment to Article 10.13.1: In cases of anti-doping rule violations other than under Article 2.1, the time required for an Anti-Doping Organization to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particul... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used. |
]World Anti-Doping Code 202185Person does not respect a Provisional Suspension, then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal.10.13.2.2 If an Athlete or other Person voluntarily... |
A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Article 14.1.7610.13.2.3 No credit against a period of Ineligibility shall be given for any time period before t... |
]World Anti-Doping Code 20211 PARTDoping Control8610.13.2.4 In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the d... |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.10.14 Status during Ineligibility or Provisional Suspension10.14.1 Prohibition against Participation during Ineligibility or Provisional SuspensionNo Athlete or ot... |
Further, an Ineligible Athlete may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non-Signatory International Event organization or a non-Signatory national-level Event organization World Anti-Doping Code 202187after completing four (4) years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a C... |
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