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13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization . |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receip t of the complete file relating to the decision. |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons 68 [Comment to Article 13.6: Whether governed by CAS rules or the... |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
FIL 2021 Anti -Doping Rules Page 46 of 64 Notice to Athletes or other Persons of anti -doping rule violations asserted against them shall occur as provided under Articles 7 and 14. |
If at any point during Results Management up until the anti -doping rule violation charge, FIL decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Notice shall be delivered or emailed to Athletes or other Persons. |
If the notification takes place via National Federations , the National Federations shall confirm the notification to the F IL. |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to... |
If at any point during Results Management up until the anti -doping rule violation charge, FIL decides not to move forward with a matter, it mu st give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In-Competition or Out-of-Competition , the date of Sam... |
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceedin... |
14.1.5 Confidentiality The recipient organizations s hall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , National Federation , and team in a Team Sport until F IL has made Public Disclosure as pe... |
FIL 2021 Anti -Doping Rules Page 47 of 64 14.1.6 Protection of Confidential Information by an Employee or Agent of the F IL FIL shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is ... |
FIL shall ensure that its employees (whether permanent or otherwise), contractors, agents , consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosur... |
14.2 Notice of Anti -Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7. |
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed . |
Where the decision is not in English or French, F IL 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 a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the app licable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a... |
14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 1 3.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the mat... |
F IL must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above .69 14.3.3 After an anti -doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13... |
FIL 2021 Anti -Doping Rules Page 48 of 64 waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, F IL may make public such determinati... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly D isclosed . |
However, the decision itself and the underlying facts may not be Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
F IL 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 minimum by placing the required information on the F IL’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility . |
It will be removed immediately after the expiry of the indicated time periods. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization , National Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response ... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor , Protected Person or Recreational Athlete . |
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 Reporting FIL shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
FIL may also publish reports showing the name of each Athlete tested and the date of each Testing . |
14.5 Doping Control Information Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , FIL shall report to WADA through ADAMS Doping Control -... |
FIL 2021 Anti -Doping Rules Page 49 of 64 14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biological Passport profiles are updated , FIL shall report all In-Competition and Out-of-Competition... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , FIL shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , FIL 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 and related decisi... |
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organization , and any other Anti-Doping Organizations with Testing authority o ver the Athlete . |
14.6 Data Privacy 14.6.1 FIL may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protectio... |
14.6.2 Without limiting the foregoing, F IL shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Pri... |
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to the ... |
15.1.1.2 A decision by any of the above -described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 1 0.14.1) in all sports within the authority of any Signatory for the period of... |
15.1.1.3 A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
15.1.1.4 A decision by an y of the above -described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 FIL and its National Federations shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date F IL receives actual notice of the decision or the date the decision is placed into ADAMS . |
15.1.3 A decision by an Anti-Doping Organization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon F IL and its National Federations without any further action required, on the earlier of the date F IL receives actual notice of the decision or the date the decision is placed... |
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on F IL or its National Federations unless the rules of the Major Event Organization provide the Athlete o... |
FIL 2021 Anti -Doping Rules Page 51 of 64 prior to a Provisional Hearing or acceptance by the Athlete or other Person .71 15.3 Implementation of Decisions by Body that is not a Signatory An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by F IL and its National Fe... |
ARTICLE 17 EDUCATION FIL shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education . |
FIL may decide to request Athletes to complete Educational activities before and/or during their participation to selected Event (e.g: Youth World Championships) as a condition of such participation . |
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on FIL’s website. |
Failure by the Athlete to complete Educational activities as requested by F IL may result in the imposition of sanction under F IL's disciplinary rules , unless the Athlete provide s to FIL a justification for such failure, which shall be assessed by F IL on a case by case basis . |
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, International Standards , and these Anti -Doping Rules. |
All National Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that F IL may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti -... |
For example, when a National Anti - Doping Organization decides to Provisionally Suspe nd 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 Signator y’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 TU E decisions of other Anti -Doping Organizations shall be de termined 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, FIL, other Signatories and National Federations should attempt to apply the decision in harmo ny 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 Proh ibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then FIL a... |
FIL or other Signatory’s implementation of a decision, or their decision not to impl ement a decision under Article 15.3, is appealable under Article 13.] |
FIL 2021 Anti -Doping Rules Page 52 of 64 authority as specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”) . |
18.2 Each National Federation 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 Federation may enforce them itself directly in respect of Athletes (including Na... |
18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support FIL 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 Federations 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 FIL and us ing their National Anti-Doping Organization or other Sample collection a... |
18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or orga nized by a National Federation or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by t... |
18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to F IL 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 Federations 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 FIL or the National Federation . |
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations. |
FIL 2021 Anti -Doping Rules Page 53 of 64 ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF F IL 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, FIL shall report to WADA on FIL’s compliance with the Code and the International Standard... |
19.2 Subject to appl icable law, and in accordance with Article 20.3.4 of the Code , all F IL board members, directors, officers, and those employees (and those of appointed Delegated Third Parties ) who are involved in any aspect of Doping Control , must sign a form provided by FIL, agreeing to be bound by these An... |
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any F IL employee who is inv olved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by F IL confirming that they are not Provisionally Suspended or serving a pe... |
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 treatment received does not violate these Anti -Doping Rules. |
20.5 To disclose to F IL 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 investigating anti -doping rule violations may result in a charge of misconduct under F IL's disciplinary rules. |
20.7 To disclose the identity of their Athlete Support Personnel upon request by F IL or a National Federation , 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 F IL'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. |
73 [Comment to Article 2 0.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require 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.] |
FIL 2021 Anti -Doping Rules Page 54 of 64 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 F IL 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. |
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 F IL's disciplinary rules. |
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid ju stification. |
Any such Use or Possession may result in a charge of misconduct under F IL's disciplinary rules. |
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 F IL'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 FIL 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 F IL's disciplinary rules. |
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