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A viol ation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” S ample collection contemplates intentional conduct by the Athlete.] |
FIH 2021 Anti -Doping Rules Page 8 of 76 Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with Art icle 4.4 or other acceptable justification. |
2.6.2 Possession by an Athlete Support Person In -Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete , Compet... |
7 2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person 2.8 Administration or Attempt ed Administration by an Athlete or Other Person to any Athlete In -Competition of any Prohibited Substance or Prohibited Method , or Administration or... |
[Comment to Article 2.6.1 and 2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor carrying Prohibited Substances or Prohibited Methods for dealing with acute and emergen cy situations (e.g., an epinephrine auto -injector), or (b) an Athlete Possessing a Prohibited Substance or Proh... |
8 [Comment to Article 2.9: Complic ity or Attempted Complicity may include either physical or psychological assistance.] |
FIH 2021 Anti -Doping Rules Page 9 of 76 Code-compliant rules had been applicable to such Person. |
The disqualifying stat us of such Person shall be in force for the longer of six (6) years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or 2.10.1.3 Is serving as a front or intermediary for an individual described in Arti... |
2.10.2 To establish a violation of Article 2.10, an Anti-Doping Organization must establish that the Athlete or other Person knew of the Athlete Support Person’ s disqualifying status. |
The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 or 2.10.1.2 is not in a professional or sport -related capacity and/or that such asso ciation could not have been reasonably avoided. |
Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3 shall submit that information to WADA .9 2.11 Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities Where such conduct does no... |
2.11.2 Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged anti -doping rule violation or alleged non -compliance with the Code to WADA , an Anti-Doping Organization , law enforcement, regulatory or professional disciplinary body, hea ring body or Person c... |
9 [Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Suppor t Personnel who are Ineligible on account of an anti -doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping. |
This also prohibits association with any other Athlete who is acting as a coach or Athlete Support Person while serving a pe riod of Ineligibility. |
Some examples of the types of association which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bodi ly products for analysis; or allowing the Athlete Support Person to serve as an agent or representative. |
Prohibited association need not involve any form of compensation. |
While Article 2.10 does not require the Anti -Doping Organization to notify the Athlete or other Person about the Athlete Support Person’s disqualifying status, such notice , if provided , would be important evidence to establish that the Athlete or other Person knew about the disqualifying status of the Athlete Suppor... |
FIH 2021 Anti -Doping Rules Page 10 of 76 For purposes of Article 2.11, retaliation, threatening and intimidation include an act taken against such Person either because the act lacks a good faith basis or is a disproportionate response.10 ARTICLE 3 PROOF OF DOPING 3.1 Burdens and Standards of Proof FIH ... |
The standard of proof shall be whether FIH has established an anti -doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriou sness of the allegation which is made. |
This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. |
Where these Anti -Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti -doping rule violation to rebut a presumption or establish specified facts or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probab... |
Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met o r to rebut th is presumption of scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. |
The initial hearing body, appe llate body or CAS, on its own initiative, may also in form WADA of any such challenge. |
Within ten (10) days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provide evidence in such procee ding. |
In cases before CAS, at WADA ’s request, the CAS panel 10 [Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect Persons who knowingly make false reports.] |
[Comment to Article 2.11.2: Retaliation would include, for example, actions that threaten the physical or mental well -being or economic interests of the reporting Persons, their families or associates. |
Retaliation would not include an Anti -Doping Organization asserting in good faith an anti -doping rule violation against the reporting Person. |
For purposes of Article 2.11, a report is not made in good faith where the Person making the report knows the report to be false.] |
11 [Comment to Article 3.1: This standard of proof required to be met by FIH is comparable to the standard which is applied in most countries to cases involving professional misconduct.] |
12 [Comment to Article 3.2: For example, FIH may establish an anti -doping rule violation under Article 2.2 based on the Athlete’s admissions, th e credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or ... |
FIH 2021 Anti -Doping Rules Page 11 of 76 shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge.13 3.2.2 WADA -accredited laboratories, and other laboratories approved by WADA , are presumed to have conducted Sample analysis and custodial procedures in accordance w... |
The Athlete or other Person may rebut this presumptio n by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding . |
If the Athlete or other Person rebuts the preceding presumption by showing that a departure fr om the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then FIH shall have the burden to establish that such departure did not cause the Adverse Analytic... |
WADA’s decision in determining that Minimum Reporting Level or in determining which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to challenge. |
Further, the laboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. |
In no event shall the possibility t hat the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitute a defense to an anti -doping rule violation based on the presence of that Prohibited Substance in the Sample. ] |
14 [Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. |
Thus, once the Athlete or other Person es tablishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to FIH to prove to the co... |
15 [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling , Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International Standard for Education, International Standard for the Prote... |
Similarly, FIH’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violation.] |
FIH 2021 Anti -Doping Rules Page 12 of 76 which case FIH shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ; (ii) a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to an Adverse ... |
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person est... |
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a re quest made in a reasonable time in advance of the heari... |
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code. |
16 [Comment to Article 3.2.3 (iii): FIH would meet its burden to establish that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.] |
FIH 2021 Anti -Doping Rules Page 13 of 76 Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA , without requiring any further action by FIH or its National Association s. A... |
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up -to-date version of the Prohibited List and all revisions thereto. |
FIH shall provide its National Association s with the most recent version of the Prohibited List . |
Each National Association shall in turn ensure that its members , and the constituents of its members , are also provided with the most recent version of the Prohibited List .17 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods... |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances s... |
No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List .19 4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of... |
The Prohibited List will be revised and published on an expedited basis whenever the need arises. |
However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.] |
18 [Comment to Article 4.2.1: Out -of-Competition Use of a substance which is only prohibited In -Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Sample collected In -Com petition.] |
19 [Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods . |
Rather, they are simply subst ances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance. ] |
FIH 2021 Anti -Doping Rules Page 14 of 76 on the Prohibited List because they are frequently abused in society outside of the context of sport . |
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In-Com... |
4.4 Therapeutic Use Exemptions (“TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti -doping rule violat... |
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE. |
If the National Anti -Doping Organization denies the application, the Athlete may appeal exclusively to the appel late body described in Article 13.2.2. |
4.4.2.2 Athletes who are International -Level Athletes shall apply to FIH. |
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization pursuant to Article 4.4 of the Code for the Prohibited S ubstance or Prohibited Method in question, and if that TUE meets the criteria set out in the International Standard for Therapeutic Use E... |
If FIH considers that the TUE does not meet those criteria and so refuses to recognize it, FIH must notify 20 [Comment to Article 4.4.3: If [FIH refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate satis... |
Instead, the file should be completed and re -submitted to FIH.] |
[Comment to Article 4.4.3: FIH may agree with a National Anti -Doping Organization that the National Anti -Doping Organization will consider TUE a pplications on behalf of FIH.] |
FIH 2021 Anti -Doping Rules Page 15 of 76 the Athlete and th e Athlete’s National Anti -Doping Organization promptly, with reasons. |
The Athlete or the National Anti -Doping Organization shall have twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7. |
If the matter is referred to WADA for review, the TUE granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition) pending WADA ’s decision. |
If the matter is not referred to WADA for review within the twenty -one (21) day deadline, the Athlete ’s National Anti -Doping Organization must determine whether the original TUE granted by that National Anti -Doping Organization should nevertheless remain valid for national -level Competition and Out-of-Competiti... |
Pending the National Anti -Doping Organization’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ).” 4.4.3. |
2 If FIH chooses to test an Athlete who is not an International Level Athlete , FIH must recognize a TUE granted to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeuti... |
4.4.4 TUE Application Process 21 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti -Doping Organization for the substance or method in question, the Athlete must apply directly to FIH. |
4.4.4.2 An application to FIH for grant or recognition of a TUE must be made as soon as possible , save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply . |
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on FIH’s website at http://www.fih.ch/en/sport/medical . |
21 [Comment to Article 4.4. |
4: The submission of falsified documents to a TUEC or FIH, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE... |
An Athlete should not assume tha t their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.] |
FIH 2021 Anti -Doping Rules Page 16 of 76 4.4.4.3 FIH shall establish a Therapeutic Use Exemption Committee (“TUEC” ) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a) -(d) below : (a) The TUEC shall consist of a minimum of five (5) members with experience in t... |
Each appointed member shall serve a term of four (4) years which is renewable . |
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration. |
The appointed membe rs shall not be employees of FIH. |
(c) When an application to FIH for the grant or recognition of a TUE is made, the Chair of the TUEC or the FIH shall appoint three (3) members (which may include the Chair) to consider the application. |
(d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Athlete making the application. |
If a member is unwilling or unable to assess the Athlete’s TUE application, for any r eason, the Chair or the FIH shall appoint a replacement from the pool of members appointed under point (a) above . |
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision. |
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one ( 21) days of receipt of a complete application. |
Where the application is made in a reasonable time prior to an Event , the TUE C must use its best endeavors to issue its decision before the start of the Event . |
4.4.4.5 The TUEC decision shall be the final decision of FIH and may be appealed in accordance with Article 4.4. |
7. |
FIH TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions . |
It shall also promptly be reported into ADAMS . |
4.4.4.6 If FIH (or the National Anti-Doping Organization , where it has agreed to consider the application on behalf of FIH) denies the Athlete’s application, it must notify the Athlete promptly, with reasons. |
If FIH grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization . |
If the National Anti -Doping Organization FIH 2021 Anti -Doping Rules Page 17 of 76 considers that the TUE granted by FIH does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review... |
7. |
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by FIH remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition ) pending WADA’s decision. |
If the National Anti -Doping Organization does not refer the matter to WADA for review, the TUE granted by FIH becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires. |
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