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However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.
]124 [Comment to In-Competition: Having a universally accepted definition for In-Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In-Competition Testing, avoids inadvertent Adverse Analytical Findings in between ...
]World Anti-Doping Code 2021170APPENDIX 1 DefinitionsIndependent Observer Program: A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA ’s compliance monito...
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management.International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organi...
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
125 [Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, ...
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes.
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.
]World Anti-Doping Code 2021171International Standards shall include any Technical Documents issued pursuant to the International Standard.Major Event Organizations: The continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any con...
If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.National Event: A sport Event or Competition involving International- or National-Level Athletes that is not an International Event.National-Level Athlete: Athletes ...
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation World Anti-Doping Code 2021172APPENDIX 1 Definitionsassumes typical National Olympic Committee responsibilities in the anti-doping area.No Fault or Negligence: The Athlete o...
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.No Significant Fault or Negligence: The Athlete or other Person’s establishing that any Fault or Negligence, when viewed in the t...
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.Operational Independence: This means that (1) board members, staff members, commission members, consultants and officials of the A...
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.Out-of-Competition: Any period which is not In-Competition.Participant: Any Athlete or Athlete Support Per...
Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced P...
Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.126Prohibited List: The list identifying the Prohibited Substances and Prohibited Methods.Proh...
Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping Organization must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control over them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third-party address.
]World Anti-Doping Code 2021174APPENDIX 1 DefinitionsProtected Person: An Athlete or other natural Person who at the time of the anti-doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has ...
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The term “open category” is meant to exclude competition that is limited to junior or age group categories.
]128 [Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.
]World Anti-Doping Code 2021175represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organization.129Regional Anti-Doping Organization: A regio...
129 [Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories.
]World Anti-Doping Code 2021176APPENDIX 1 DefinitionsSample or Specimen: Any biological material collected for the purposes of Doping Control.130Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23.Specified Method: See Article 4.2.2.Specified Substance: See Art...
Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or recorded interview all information he or she possesses in relation to anti-doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully c...
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.Tampering: Intentional conduct which subverts the Dop...
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample, affecting or making impossible the analysis of a Sample, falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring fals...
It has been determined that there is no basis for any such claim.
]World Anti-Doping Code 2021177from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences, and any other similar intentional interference or Attempted interference with any aspect of Doping Control.131Target Testin...
Tampering includes misconduct which occurs during the Results Management process.
See Article 10.9.3.3.
However, actions taken as part of a Person’s legitimate defense to an anti-doping rule violation charge shall not be considered Tampering.
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.
]World Anti-Doping Code 2021178APPENDIX 1 Definitionsshall not include the actions of bona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in...
Such an agreement shall not preclude the Anti-Doping Organization, Athlete or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement.
World Anti-Doping Code 2021179DEFINITIONS SPECIFIC TO ARTICLE 24.1Aggravating Factors: This term encompasses a deliberate attempt to circumvent or undermine the Code or the International Standards and/or to corrupt the anti-doping system, an attempt to cover up non-compliance, or any other form of bad faith on the part...
Approved Third Party: One or more Anti-Doping Organizations and/or Delegated Third Parties selected or approved by WADA , following consultation with the non-compliant Signatory, to Supervise or Takeover some or all of that Signatory’s Anti-Doping Activities.
As a last resort, if there is no other suitable body available, then WADA may carry out this function itself.Critical: A requirement that is considered to be Critical to the fight against doping in sport.
See further Annex A of the International Standard for Code Compliance by Signatories.Fine: Payment by the Signatory of an amount that reflects the seriousness of the non-compliance/Aggravating Factors, its duration, and the need to deter similar conduct in the future.
In a case that does not involve non-compliance with any Critical requirements, the Fine shall not exceed the lower of (a) 10% of the Signatory’s total annual budgeted expenditure; and (b) US $100,000.
The Fine will be applied by WADA to finance further Code compliance monitoring activities and/or anti-doping Education and/or anti-doping research.General: A requirement that is considered to be important to the fight against doping in sport but does not fall into the categories of Critical or High Priority.
See further Annex A of the International Standard for Code Compliance by Signatories.
High Priority: A requirement that is considered to be High Priority but not Critical in the fight against doping in sport.
See further Annex A of the International Standard for Code Compliance by Signatories.World Anti-Doping Code 2021180APPENDIX 1 DefinitionsNon-Conformity: Where a Signatory is not complying with the Code and/or one or more International Standards and/or any requirements imposed by the WADA Executive Committee, but the ...
Where a Signatory has been declared non-compliant and has not yet finalized a Supervision agreement with the Approved Third Party, that Signatory shall not implement independently any Anti-Doping Activity in the area(s) that the Approved Third Party is to oversee and supervise without the express prior written agreemen...
World Anti-Doping Code 2021181Takeover: Where, as part of the consequences imposed on a non-compliant Signatory, an Approved Third Party takes over all or some of the Signatory’s Anti-Doping Activities, as directed by WADA , at the Signatory’s expense.
Where a Signatory has been declared non-compliant and has not yet finalized a Takeover agreement with the Approved Third Party, that Signatory shall not implement independently any Anti-Doping Activity in the area(s) that the Approved Third Party is to take over without the express prior written agreement of WADA .
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 1 of 7 COMPLIANCE REVIEW COMMITTEE Terms of Reference The World Anti -Doping Agency (WADA)’s Compliance Review Committee (CRC) is constituted under Article 11 of the Constitutive Instrument of Foundation (also known as the Statutes) as a des...
These Terms of Reference have been approved by the WADA Executive Committee [in September 2019] and are publicly available and published on the WADA website.
They are reviewed annually to ensure they remain accurate and fit for purpose.
The WADA Statutes and By Laws of the WADA Executive Committee on Standing Committees can be referenced in conjunction with these Terms of Reference.
Purpose The CRC is independent and non-political .
Its purpose is to oversee WADA's efforts to secure compliance , and monitor ongoing compliance by Signatories to the World Anti -Doping Code (the Code) with the relevant requirements of the Code and the supporting International Standards.
Goals and Objectives The framework for WADA's efforts to secure and monitor Signatory compliance, and for the Committee's independent oversight thereof, is set out in Code Article 23.5 and in the International Stand ard for Code Compliance by Signatories ( 'ISCCS ').1 Within that framework, the Committee's responsibi...
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 2 of 7 4) Overseeing WADA decisions as to which Signatories shall undergo a Compliance Audi t; and 5) Review ing cases of Signatory Non-Conformity /ties referred to it by the Compliance Task force and making recommendations of non -compliance and ...
Reporting Structure The Committee through its Chair (or Vice -Chair where applicable) will report as and when necessary to the WADA Executive Committee and Foundation Board.
Composition (including Terms of Appointment) The Committee will be composed of five to seven2 members (including the Chair and the Vice -Chair ).
The current composition is as follows: • One Independent Chair ; • Two independent Experts; • Two members nominated by their Stakeholder group (i.e.
one from Sport and one from the Public Authorities); • One athlete representative .
Article 11 of the WADA Statutes states that each member, including the Chair shall be appointed for a period of three years.
The term begins on the da te of appointment, generally at the beginning of a calendar year3.
Members may be reappointed for a maximum of two further consecutive terms of three years provided that they continue to meet all relevant eligibility criteria.
They cannot serve for more th an nine years in aggregate for the same Committee.
The Bylaws on Standing Committees outline additional details of term limits.
A rotation policy for the Committee shall apply so that generally one third of the members change every year.
Such rotation wil l be carried out in a manner that ensures continuity of Committee experience and expertise.
Where there are upcoming vacant seats on the Committee and they are Stakeholder seats, a public call will be issued at least six months4 before the meeting date a t which the vacancies will be approved.
The list of candidates for vacancies, together with the continuing members of the Committee will be reviewed as a whole by the Chair , in consultation with the Chief Operating Officer, the Director General and the Chair of the Foundation Board.
Where there are upcoming vacant seats on the Committee and they are the independent expert seats or that of the athlete representative , the Nominations Committee will be responsible for searching for and vetting candidates.
Once a candidate has been deemed to fulfil the vetting criteria, they will be presented 2 Article 11 of the WADA Statutes refers that Standing Committees will not have more than 12 members .
Due to the nature of the CRC work, a smaller number has been determined for this specific Committee .
3 The 2020 Committee members w ill be exceptionally approved early in 2020 (and not in November 2019) due to limited timing in the roll -out of WADA’s governance reforms.
4 In 2019 (for 2020), the six -month period will exceptionally not apply due to limited timing in the roll -out of governance reforms.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 3 of 7 to the WADA Executive Committee for approval.
If approved, they will be appointed by the Executive Committee for a term of three years.
The composition of the Committee shall aim to ensure appropriate balance amongst the membership: ▪ Relevant background and experience; ▪ Relevant expertise in complianc e; ▪ Geographical region; ▪ Gender; ▪ Cultur e; and ▪ Government and/or sports nominations.
The WADA Statutes state that the Executive Committee may remove individuals from the Committee where it considers it is appropriate to do so (in its sole discretion) by way of a simple majority of the votes cast by the members present at the time of the vote.
Chair / Vice Chair The Chair of the CRC is appointed by the WADA Executive Committee .
The Chair must meet WADA’s strictest definition of independence (as outlined in the WADA Foundation Board Bylaws on Independence, and included below).
The Chair cannot be a member of the WADA Executive Committee.
The Committee members other than the Chair will elect one of their number to act as Vice -Chair when the Chair is not present or is unable for any reason to act.
The length of the Vice -Chair ’s term , as Vice -Chair , will be equal to the length of his/her term as a member of the Committee.
Skills Requirements A detailed profile description is used in the selection of the Chair of the Committee.
Please refer to the “CRC Chair Role Description/Positio n Profile” document.
On the whole, the Members of the Committee should have skills and experience commensurate with the purpose, goals and objectives of the Committee.
These include: ▪ Relevant background and experience (e.g., in sport, anti -doping, compliance, law, and/or otherwise); ▪ Relevant expertise in compliance (e.g.
at least two members should be compliance experts, with substantial experience in compliance monitoring, quality ass essment, ISO expertise, etc. )
Independence The Committee shall operate exclusively under these Terms of Reference , in order to ensure the independence and specialization of its members, which is critical for the credibility and effectiveness of the Comm ittee’s work.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 4 of 7 In accordance with the By Laws of the Foundation Board on Independence, each Committee member shall remain free of undue influence and be independent in character and judgement and shall avoid any relationships or circumstances which, to an i...
For the nominees or representatives of the Public Authorities and of the Sports Movement, as well as the athlete representative if he/she is a member of a Stakeholder, this means their role is to ensure that the perspectives of the constituency that they a re nominated by or have been appointed to represent are properl...
However, these members are and must remain independent of that constituency, and must make decisions and cast their vote based on their assessment of what is in the best interests of clean athletes and the fight against doping .
Each candidate to the Committee will disclose to the Nominations Committee (where applicable) and each member of the Committee shall disclose to WADA' s Director General any facts or circumstance that they consider might impair their ability to remain independent according to this standard, e.g., if a reasonable thir...
The candidate/ member will thereafter provide any further information required to enable the position to be assessed accurately.
Over and ab ove this: • The Members must meet WADA’s general definition of independence5: "An individual is considered independent when he/she is independent in character and judgment and there are no relationships or circumstances which to an informed third party could affect, or could appear to affect, the indiv...
The Chair is also subject to the most stringent independence criteria6: “No current connections with governments and sport institutions The individual holds no duty or responsibility to, and no office or relationship with, a sports institution, or government or public corporation (includes corporations funded by t...
Government: - Must not hold any senior position (Head of State/Cabinet Ministers/Ministers & Secretary of State/Deputy Minister/heads of departments/Executive officers of Public corporation).
- Must receive no personal benefits (salaries, honoraria etc..) from any governments or public corporations; - Must not report to, be directed by, seek guidance of official or political party on matters related to WADA.