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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 t he 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 Sig natory’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 TU E decisions of other Anti -Doping Organizations shall be determined by Article 4 .4 and the International Standard for Therapeutic Use Exemptions.]
72 [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, FIH, other Signatories and National Association s 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 ru le 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 FIH and all other Signatories should recognize the finding of an anti -doping rule violation and the Athlete’s National Anti -Doping Organization should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.
FIH or other Signatory’s implementa tion of a decision, or their decision not to implement a decision under Article 15.3 , is appealable under Article 13.]
FIH 2021 Anti -Doping Rules Page 60 of 76 ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL ASSOCIATION S 18.1 All National Association s and their members shall comply with the Code, International Standards , and these Anti -Doping Rules.
All National Association s and other members shall include in their policies, rules and programs the provisions necessary to ensure that FIH may enforce the se Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti -doping authority as specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”) .
18.2 Each National Association shall incorporate t hese Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Association may enforce them itself directly in respect of Athletes (including National -Level Athletes ) and other Persons under its anti -doping authority .
18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Association s shall cooperate with and support FIH in that function .
They shall also recognize, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority.
18.4 All National Association s shall take appropriate action to enforce compliance with the Code, International Standards , and these Anti-Doping Rules by inter alia: (i) conducting Testing only under the document ed authority of FIH and us ing their National Anti -Doping Organization or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations ; (ii) recognizing the authority of the National Anti -Doping Organization in their country in accordance with Article 5.2.1 of the Code and assist ing as appropriate with the National Anti -Doping Organization’s implementation of the national Testing program for their sport; (iii) analyzing all Samples collected using a WADA -accredited or WADA -approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national level anti-doping rule violation cases discovered by National Association s are adjudicate d by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management .
18.5 All National Association s shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a FIH 2021 Anti -Doping Rules Page 61 of 76 National Association or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management authority of the Anti-Doping Organization in conformity with the Code as a condition of such participation.
18.6 All National Association s shall report any information suggesting or relating to an anti -doping rule violation to FIH and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investiga tion.
18.7 All National Association s shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of FIH or the National Association .
18.8 All National Association s shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations.
18.9 All National Associations shall ensure that their Athletes comply with their obligations to provide whereabouts information under Article 5.5.
Failure by a National Association to cooperate timely and fully with FIH in the collection of whereabouts information may result in disciplinary sanctions against the National Association under FIH’s disciplinary rues, in addition to the consequences set forth in Article 12.
ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF FIH 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, FIH shall report to WADA on FIH’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code.
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code, all FIH executive board members, directors, officers, employees and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by FIH, agreeing to be bound by these Anti -Doping Rules as Persons in conformity with the Code for direct and intentional misconduct.
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code, any FIH employee who is involved in Doping Control (other than authorized anti-doping Education or rehabilitation programs) must sign a statement provided by FIH confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally en gaged in conduct within the previous six (6) years which would have constituted a violation of anti -doping rules if Code-compliant rules had been applicable to them.
FIH 2021 Anti -Doping Rules Page 62 of 76 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules.
20.2 To be available for Sample collection at all times.73 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use.
20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical tr eatment received does not violate these Anti -Doping Rules.
20.5 To disclose to FIH and their National Anti -Doping Organization any decision by a non -Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years.
20.6 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete to cooperate in full with Anti-Doping Organizations investiga ting anti -doping rule violations may result in a charge of misconduct under FIH's disciplinary rules.
20.7 To disclose the identity of their Athlete Support Personnel upon request by FIH or a National Association , or any other Anti-Doping Organization with authority over the Athlete .
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under FIH's disciplinary rules.
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules.
21.2 To cooperate with the Athlete Testing program.
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes.
21.4 To disclose to FIH and their National Anti -Doping Organization any decision by a non -Signatory finding that th ey committed an anti -doping rule violation within the previous ten (10) years.
73 [Comment to Article 2 0.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes re quire Sample collection late at night or early in the morning.
For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.]
FIH 2021 Anti -Doping Rules Page 63 of 76 21.5 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under FIH's disciplinary rules.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibi ted Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under FIH's disciplinary rule s. 21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in a charge of misconduct under FIH's disciplinary rules.
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rules.
22.2 To disclose to FIH and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
22.3 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under FIH's disciplinary rules.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge of misconduct under FIH's disciplinary r ules.
ARTICLE 2 3 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code.
FIH 2021 Anti -Doping Rules Page 64 of 76 23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise specified.
23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemen ted in its rules.
However, pre -Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.
23.7 The Purpose, Scope and Or ganization of the World Anti -Doping Program and the Code and Appendix 1, Definitions shall be considered integral parts of the Code.
ARTICLE 2 4 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti -Doping Rules, it shall mean calendar days unless otherwise specified.
24.2 These Anti -Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International St andards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral part s of these Anti-Doping Rules.
24.5 The comments annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.
24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”) .
They repeal previous version s of FIH’s Anti -Doping Rules .
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date .
However: 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of FIH 2021 Anti -Doping Rules Page 65 of 76 determining sanctions under Article 10 for violations t aking place after the Effective Date.
24.7.2 Any anti -doping rule violation case which is pending as of the Effective Date and any anti -doping rule violation case brought after the Effective Date based on an anti -doping rule violation which occurred prior to the Effective Date , shall be governed by the substantive anti -doping rules in effect at the time the alleged anti -doping rule violation occurred, and not by the substantive anti-doping rules set out in these Anti-Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under A rticle 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 1 6 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve ( 12) months after it occurred .
24.7.4 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to FIH or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.
Such application must be made before the period of Ineligibility has expired.
The decision rendered may be appeale d pursuant to Article 13.2.
These Anti -Doping Rules shall have no application to any case where a final decision finding an anti -doping rule violation has been rendered and the period of Ineligibility has expired.
24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have b een assessed for that first violation had these Anti -Doping Rules been applicable, shall be applied .74 74 [Comment to Article 24.
7.5: Other than the situation described in Article 24.
7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, t hese Anti-Doping Rules may not be used to re-characterize the prior violation.]
FIH 2021 Anti -Doping Rules Page 66 of 76 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to FIH or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List .
FIH 2021 Anti-Doping Rules Page 67 of 76 APPENDIX 1 DEFINITIONS75 ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legislation.
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions invo lving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likel y to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation; or the Athlete or other Person engaged in Tampering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities related to anti -doping to be carried out by or on behalf of an Anti-Doping Organization , as set out in the Code and/or the International Standards .
Anti-Doping Organization : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, 75 [Comment to Definitions : Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
FIH 2021 Anti-Doping Rules Page 68 of 76 other Major Event Organizatio ns that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .
Athlete : Any Person who competes in sport at the international level (as defined by each International Federation ) or the national level (as defin ed by each National Anti -Doping Organization ).
An Anti-Doping Organization has discretion to apply anti -doping rules to an Athlete who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “ Athlete ”.
In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs.
However, if an Article 2.1, 2.3 or 2.5 anti -doping rule violation is committed by any Athlete over whom an Anti-Doping Organi zation has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping inform ation and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .76 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel : Any coach, trainer, manager, agent, team staff, off icial, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition .
Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it bein g discovered by a third party not involved in the Attempt .
Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents , prior to the determination of an Adverse Analytical Finding .
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