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The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization described in this Article.
Ineligibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions).
An Athlete or other Person serving a period of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of 2.10 by another Athlete.
Any performance standard accomplished during a period of Ineligibility shall not be recognized by a Signatory or its National Federations for any purpose.
]78 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility.
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training.
]World Anti-Doping Code 20211 PARTDoping Control8810.14.3 Violation of the Prohibition of Participation during Ineligibility or Provisional SuspensionWhere an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14.1, the ...
The new period of Ineligibility, including a reprimand and no period of Ineligibility, may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case.
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility.
This decision may be appealed under Article 13.An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified.Wh...
When a Signatory becomes aware that one of its member organizations or other sporting body over which it has authority has failed to fulfill such obligation, the Signatory shall take appropriate action against such organization or body.80 In particular, a Signatory’s action and rules shall include the possibility of e...
]80 [Comment to Article 12: This Article is not intended to impose an affirmative duty on the Signatory to actively monitor each of its member organizations for acts of non-compliance, but rather only requires the Signatory to take action when it becomes aware of such acts.
]81 [Comment to Article 12: This Article makes it clear that the Code does not restrict whatever disciplinary rights between organizations may otherwise exist.
For sanctions against Signatories for non-compliance with the Code, see Article 24.1]ARTICLE 11 Consequences to TeamsARTICLE 12 Sanctions by Signatories Against Other Sporting BodiesARTICLE 13 Results Management: AppealsWorld Anti-Doping Code 202191ARTICLE 13 RESULTS MANAGEMENT: APPEALS8213.1 Decisions Subject to Ap...
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.13.1.1 Scope of Review Not LimitedThe 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.8382 [Comment to Article 13: The object of the Code is t...
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 appeal under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.
]83 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification.
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.
]World Anti-Doping Code 20211 PARTDoping Control9213.1.2 CAS Shall Not Defer to the Findings Being AppealedIn making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.8413.1.3 WADA Not Required to Exhaust Internal Remedies85Where WADA has a right t...
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.
]85 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of an Anti-Doping Organization’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the Anti-Doping Organization’s process (e.g., the Managing Board), then WADA may bypass the r...
]ARTICLE 13 Results Management: AppealsWorld Anti-Doping Code 202193anti-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 EventsIn cases arising from participation in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS.8613.2.2 Appeals Involving Other Athletes or Other PersonsIn cases where Article ...
The rules for such appeal shall respect the following principles:• a timely hearing;• a fair, impartial, and Operationally Independent and Institutionally Independent hearing panel;• the right to be represented by counsel at the Person’s own expense; and86 [Comment to Article 13.2.1: CAS decisions are final and bind...
]World Anti-Doping Code 20211 PARTDoping Control94• a timely, written, reasoned decision.If no such body as described above is in place and available at the time of the appeal, the Athlete or other Person shall have a right to appeal to CAS.13.2.3 Persons Entitled to Appeal13.2.3.1 Appeals Involving International-Lev...
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the appellate 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 NotifyAll parties to any CAS appeal must ensure that WADA and all other part...
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.ARTICLE 13 Results Management: Appeals87 [Comments to Article 13.2.3: Whether governed by CAS rules or Article 13.2.3, a party’s deadline to appeal does not begin running until re...
For that reason, there can be no expiration of a party’s right to appeal if the party has not received the decision.]
88 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired.
This provision permits a full hearing for all parties.]
World Anti-Doping Code 20219713.3 Failure to Render a Timely Decision by an Anti-Doping Organization89Where, in a particular case, an Anti-Doping Organization fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA , WADA may elect to app...
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 the Anti-Doping Organization.13.4 Appeals Relating to TUEsTUE decisio...
Before taking such action, however, WADA will consult with the Anti-Doping Organization and give the Anti-Doping Organization an opportunity to explain why it has not yet rendered a decision.
Nothing in this Article prohibits an International Federation from also having rules which authorize it to assume authority for matters in which the Results Management performed by one of its National Federations has been inappropriately delayed.
]World Anti-Doping Code 20211 PARTDoping Control98for such non-compliance, as well as conditions for Reinstatement of the Signatory, may be appealed to CAS as provided in the International Standard for Code Compliance by Signatories.13.7 Appeals from Decisions Suspending or Revoking Laboratory AccreditationDecisions ...
]World Anti-Doping Code 20211 PARTDoping Control10014.2 Notice of Anti-Doping Rule Violation or Violations of Ineligibility or Provisional Suspension Decisions and Request for Files14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursua...
Where the decision is not in English or French, the Anti-Doping Organization 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 ...
The same Anti-Doping Organization must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti-doping rule violations, including the information described above.9114.3.3 After an anti-doping rule violation has been determined to have been committed in an appellate decision unde...
World Anti-Doping Code 20211 PARTDoping Control102appealed may be Publicly Disclosed.
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision.
The Anti-Doping Organization with Results Management responsibility 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 mini...
Any optional Public Disclosure in a case involving a Minor, Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case.14.4 Statistical ReportingAnti-Doping Organizations shall, at least annually, publish publicly a general statistical report of their Doping Control activ...
Anti-Doping Organizations may also publish reports showing the ARTICLE 14 Confidentiality and ReportingWorld Anti-Doping Code 2021103name of each Athlete tested and the date of each Testing.
WADA shall, at least annually, publish statistical reports summarizing the information that it receives from Anti-Doping Organizations and laboratories.14.5 Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use of resou...
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs, each Anti-Doping Organization shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines World Anti-Doping Code 20211 PARTDoping Control104contained in the International Stan...
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management, Anti-Doping Organizations 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 a...
Personal information regarding Athletes or other Persons maintained in ADAMS is and will be treated in strict confidence and in accordance with the International Standard for the Protection of Privacy and Personal Information.
]93 [Comment to Article 14.6: Each government should put in place legislation, regulation, policies or administrative practices for: cooperation and sharing of information with Anti-Doping Organizations; sharing of data among Anti-Doping Organizations as provided in the Code(…)].World Anti-Doping Code 2021105and Intern...
15.1.3 A decision by an Anti-Doping Organization, an appellate body or CAS to suspend, or lift, Consequences shall be binding upon each Signatory without any further action required, on the earlier of the date the Signatory receives actual notice of the decision or the date the decision is placed into ADAMS.15.1.4 Notw...
]ARTICLE 15 Implementation of DecisionsWorld Anti-Doping Code 202110715.2 Implementation of Other Decisions by Anti-Doping OrganizationsSignatories may decide to implement other anti-doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to...
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.
To be clear, the “decision” is the one made by the National Anti-Doping Organization, there is not a separate decision to be made by the International Federation.
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti-Doping Organization.
Implementation of Anti-Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion.
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision.
The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.
]96 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, Signatories should attempt to apply the decision in harmony with the principles of the Code.
For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then all Sign...
A Signatory’s implementation of a decision or its decision not to implement a decision under Article 15.3, is appealable under Article 13.
]World Anti-Doping Code 20211 PARTDoping Control108ARTICLE 16 DOPING CONTROL FOR ANIMALS COMPETING IN SPORT16.1 In any sport that includes animals in Competition, the International Federation for that sport shall establish and implement anti-doping rules for the animals included in that sport.
The anti-doping rules shall include a list of Prohibited Substances, appropriate Testing procedures and a list of approved laboratories for Sample analysis.16.2 With respect to determining anti-doping rule violations, Results Management, fair hearings, Consequences, and appeals for animals involved in sport, the Intern...
They are intended to preserve the spirit of sport and the protection of Athletes’ health and right to compete on a doping free level playing field as described in the Introduction to the Code.
Education programs shall raise awareness, provide accurate information and develop decision-making capability to prevent intentional and unintentional anti-doping rule violations and other breaches of the Code.
Education programs and their implementation shall instill personal values and principles that protect the spirit of sport.All Signatories shall, within their scope of responsibility and in cooperation with each other, plan, implement, monitor, evaluate and promote Education programs in line with the requirements set ou...
Prioritization of target groups or activities shall be justified based on a clear rationale of the Education Plan.9797 [Comment to Article 18.2: The Risk Assessment that Anti-Doping Organizations are required to conduct under the International Standard for Testing and Investigations provides a framework relating to the...
Such assessment can be used to identify priority target groups for Education programs.
WADA also provides Education resources for Signatories to use to support their program delivery.
]ARTICLE 18 EducationWorld Anti-Doping Code 2021111Signatories shall make their Education plans available to other Signatories upon request in order to avoid duplication of efforts where possible and to support the recognition process outlined in the International Standard for Education.An Anti-Doping Organization’s E...
]World Anti-Doping Code 2021112Education and Research2 PART18.2.1 Education Pool and Target Groups Established by SignatoriesSignatories shall identify their target groups and form an Education pool in line with the minimum requirements outlined in the International Standard for Education.9918.2.2 Education Progra...
Signatories shall cooperate with each other and governments to coordinate their efforts.99 [Comment to Article 18.2.1: The Education pool should not be limited to National- or International-Level Athletes and should include all Persons, including youth, who participate in sport under the authority of any Signatory, gov...
]100 [Comment to Article 18.2.2: The purpose of this provision is to introduce the concept of an Educator .
Education shall only be delivered by a trained and competent Person, similar to Testing whereby only trained and appointed Doping Control officers can conduct tests.
In both cases, the requirement for trained personnel is to safeguard the Athlete and maintain consistent standards of delivery.
Further details on instituting a simple accreditation program for Educators are outlined in the WADA Model Guidelines for Education, including best practice examples of interventions that can be implemented.
]ARTICLE 18 EducationWorld Anti-Doping Code 2021113On a national level, Education programs shall be coordinated by the National Anti-Doping Organization, working in collaboration with their respective national sports federations, National Olympic Committee, National Paralympic Committee, governments and Educational in...
This coordination shall maximize the reach of Education programs across sports, Athletes and Athlete Support Personnel and minimize duplication of effort.Education programs aimed at International-Level Athletes shall be the priority for International Federations.
Event-based Education shall be a mandatory element of any anti-doping program associated with an International Event.All Signatories shall cooperate with each other and governments to encourage relevant sports organizations, Educational institutions, and professional associations to develop and implement appropriate Co...
Disciplinary policies and procedures shall be clearly articulated and communicated, including sanctions which are consistent with the Code.
Such Codes of Conduct shall make provision for appropriate disciplinary action to be taken by sports bodies to either support the implementation of any doping sanctions, or for an organization to take its own disciplinary action should insufficient evidence prevent an anti-doping rule violation being brought forward.Wo...
Without limiting the foregoing, studies on devising and evaluating the efficacy of scientifically-based physiological and psychological training programs that are consistent with the principles of the Code and respectful of the integrity of the human subjects, as well as studies on the Use of emerging substances or met...
Subject to intellectual property rights, the results of such anti-doping research shall be provided to WADA and, where appropriate, shared with relevant Signatories and Athletes and other stakeholders.19.4 Research PracticesAnti-doping research shall comply with internationally recognized ethical practices.ARTICLE 19 ...
World Anti-Doping Code 2021116Education and Research2 PARTPART THREEROLES AND RESPONSIBILITIESPART THREEROLES AND RESPONSIBILITIES101 [Comment: Responsibilities for Signatories and Athletes or other Persons are addressed in various Articles in the Code and the responsibilities listed in this part are additional t...
]All Signatories and WADA shall act in a spirit of partnership and collaboration in order to ensure the success of the fight against doping in sport and the respect of the Code.101PART THREE ROLES AND RESPONSIBILITIESWorld Anti-Doping Code 2021118Roles andResponsibilities3 PARTARTICLE 20 ADDITIONAL ROLES AND RESPONS...
To the extent such delegation is made to a Delegated Third Party that is not a Signatory, the agreement with the Delegated Third Party shall require its compliance with the Code and International Standards.10220.1 Roles and Responsibilities of the International Olympic Committee20.1.1 To adopt and implement anti-doping...
For example, if FINA and FIBA both delegate aspects of Doping Control to the same non-Signatory Delegated Third Party, and the provider fails to comply with the Code in performing the services for FINA, only FINA and not FIBA would be responsible for the failure.
However, Anti-Doping Organizations shall contractually require Delegated Third Parties to whom they have delegated anti-doping responsibilities to report to the Anti-Doping Organization any finding of non-compliance by the Delegated Third Parties.]
ARTICLE 20 Additional Roles and Responsibilities of Signatories and WADAWorld Anti-Doping Code 202111920.1.4 To take appropriate action to discourage non-compliance with the Code and the International Standards (a) by Signatories, in accordance with Article 24.1 and the International Standard for Code Compliance by S...
20.2 Roles and Responsibilities of the International Paralympic Committee20.2.1 To adopt and implement anti-doping policies and rules for the Paralympic Games which conform with the Code and the International Standards.20.2.2 To require, as a condition of membership of the International Paralympic Committee, that Inter...
20.2.8 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has ...
20.3.5 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has ...
]ARTICLE 20 Additional Roles and Responsibilities of Signatories and WADAWorld Anti-Doping Code 202112520.3.10 To authorize and facilitate the Independent Observer Program at International Events.20.3.11 To withhold some or all funding to their member or recognized National Federations that are not in compliance with...
For those countries that are members of a Regional Anti-Doping Organization, the National Olympic Committee, in cooperation with the government, shall maintain an active and supportive role with their respective Regional Anti-Doping Organization.20.4.7 To require each of their National Federations to establish rules (o...
20.4.9 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has ...
]105 [Comment to Article 20.5.1: This would not, for example, prohibit a National Anti-Doping Organization from acting as a Delegated Third Party for a Major Event Organization or other Anti-Doping Organization.
]World Anti-Doping Code 2021130Roles andResponsibilities3 PART20.5.2 To adopt and implement anti-doping rules and policies which conform with the Code and the International Standards.20.5.3 To cooperate with other relevant national organizations and agencies and other Anti-Doping Organizations.20.5.4 To encourage rec...
20.5.11 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control ARTICLE 20 Additional Roles and Responsibilities of Signatories and WADAWorld Anti-Doping Code 2021131(other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or ...