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However, it must publish those criteria in clear and concis e 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 p ublish a list of those International Events.]
FIL 2021 Anti-Doping Rules Page 61 of 64 National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization , consistent with the International Standard for Testing and Investigations.
National Olympic Committee : The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -doping area.
No Fault or Negligence : The Athlete or other Person 's estab lishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule .
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 totality of the circumstances and taking into account the criteria for No Fault or Negligence , was not significant in relationship to the anti -doping rule violation.
Except in the case of a Protected Person or Recreational At hlete , 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 o f the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti-Doping Organization or any third party.
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 .
Participan t: Any Athlete or Athlete Support Person .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control ove r the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
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 Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in this definition, the purchase (includ ing by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.80 80 [Comment to Possession : Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, FIL must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and i ntended to have control o ver them.
Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, FIL must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control over FIL 2021 Anti-Doping Rules Page 62 of 64 Prohibited List : The List identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List .
Protected 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 never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.81 Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.82 Provisional Suspension : See Consequences of Anti -Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti -Doping Rule Violations above.
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organization ; provided, however, the term shall not include any Person who, within the five (5) years prior to committing any anti -doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the Internati onal Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented 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 .83 Regional Anti -Doping Organization : A regional entity designated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which may include the adoption and implementation of anti -doping rules, the planning and collection of Samples , the management of results, the review of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level.
Registered Testing Pool : The pool of highest -priority Athletes established separately at the international level by International Federa tions and at the national level by National Anti -Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.
5 and the International Standard for Testing and Investigations.
them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does no t arrive, is received by someone else, or is sent to a third party address.]
81 [Comment to Protected Person: The Code treats Protected Persons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may n ot possess th e mental capacity to understand and appreciate the prohibitions against conduct contained in the Code.
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The te rm “open category ” is meant to exclude competition that is limited to junior or age group categories.]
82 [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 Pro visional 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.]
83 [Comment to Recreational Athlete : The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
FIL 2021 Anti-Doping Rules Page 63 of 64 Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management , or in certain cases (e.g., Atypical Finding , Athlete Biological Passport , whereabouts failure), such pre -notification steps expressly provided for in Article 5 of the International Sta ndard for Results Management , through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).
Sample or Specimen : Any biological material collected for the purposes of Doping Control .84 Signatories : Those entities accepting the Code and agreeing to implement the Code , as provided in Article 23 of the Code .
Specified Method: See Article 4.2.2.
Specified Substance : See Article 4.2.2.
Strict Liability : The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault , negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in ord er to establish an anti -doping rule violation.
Substance of Abuse : See Article 4.2.3.
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 cooperate with the investigation a nd adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel.
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 t he Doping Control process but which would not otherwise be included in the definition of Prohibited Methods .
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 Organiz ation or TUE committee or hearing panel, procuring false testimony from 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 i ntentional interference or Attempted interference with any aspect of Doping Control .85 Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Team Sport : A sport in which the substitution of players is permitted during a Competition .
Technical Document : A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti -doping topics as set forth in an International Standard .
Testing : The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
84 [Comment to Sample or Specimen : It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.
It has been determined that there is no basis for any such claim.]
85 [Comment to Tampering : For example, this Article would prohibit altering identification numbers on a Doping Co ntrol form during Testing, breaking the B bottle at the ti me of B Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or informat ion in the Doping Control process.
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.]
FIL 2021 Anti-Doping Rules Page 64 of 64 Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in order to locate and Test the Athlete Out-of-Competition .
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.
Trafficking : Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete , Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purp oses or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for gen uine and legal therapeutic purposes or are intended to enhance sport performance.
UNESCO Convention : The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and al l amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.
Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method .
WADA : The World Anti -Doping Agency.
Without Prejudice Agreement : For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time -limited setting with the understanding that, if an agreem ent for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results Management proceeding under the Code , and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code .
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 agre ement.
FIS ANTI -DOPING RULES COMPILED IN ACCORDANCE WITH THE WORLD ANTI -DOPING CODE EDITION January 2021 FIS Anti -Doping Rules page 3 Edition January 2021 TABLE OF CONTENTS INTRODUCTION ................................ ................................ ................................ ................................ .......................... 6 PREFACE ................................ ................................ ................................ ................................ ................................ ..... 6 FUNDAMENTAL RATIONALE FOR THE CODE AND FIS'S ANTI -DOPING RULES ................................ .............................. 6 DESCRIPTION OF FIS ANTI -DOPING ACTIVITIES ................................ ................................ ................................ ........... 8 SCOPE OF THESE ANTI -DOPING RULES ................................ ................................ ................................ ........................ 9 ARTICLE 1 DEFINITION OF DOPING ................................ ................................ ................................ .................... 11 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ................................ ................................ ................................ ....... 11 2.1 PRESENCE OF A PROHIBITED SUBSTANCE OR ITS METABOLITES OR MARKERS IN AN ATHLETE’S SAMPLE ................................ .... 11 2.2 USE OR ATTEMPTED USE BY AN ATHLETE OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD ................................ ........ 12 2.3 EVADING , REFUSING OR FAILING TO SUBMIT TO SAMPLE COLLECTION BY AN ATHLETE ................................ .......................... 12 2.4 WHEREABOUTS FAILURES BY AN ATHLETE ................................ ................................ ................................ .................... 12 2.5 TAMPERING OR ATTEMPTED TAMPERING WITH ANY PART OF DOPING CONTROL BY AN ATHLETE OR OTHER PERSON .................. 13 2.6 POSSESSION OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD BY AN ATHLETE OR ATHLETE SUPPORT PERSONNEL .......... 13 2.7 TRAFFICKING OR ATTEMPTED TRAFFICKING IN ANY PROHIBITED SUBSTANCE OR PROHIBITED METHOD BY AN ATHLETE OR OTHER PERSON ................................ ................................ ................................ ................................ ................................ .......... 13 2.8 ADMINISTRATION OR ATTEMPT ED ADMINISTRATION TO ANY ATHLETE IN-COMPETITION OF ANY PROHIBITED SUBSTANCE OR PROHIBITED METHOD , OR ADMINISTRATION OR ATTEMPT ED ADMINISTRATION BY AN ATHLETE OR OTHER PERSON TO ANY ATHLETE OUT-OF-COMPETITION OF ANY PROHIBITED SUBSTANCE OR ANY PROHIBITED METHOD THAT IS PROHIBITED OUT-OF-COMPETITION .............. 13 2.9 COMPLICITY OR ATTEMPTED COMPLICITY BY AN ATHLETE OR OTHER PERSON ................................ ................................ ...... 13 2.10 PROHIBITED ASSOCIATION BY AN ATHLETE OR OTHER PERSON ................................ ................................ .......................... 13 2.11 ACTS BY AN ATHLETE OR OTHER PERSON TO DISCOURAGE OR RETALIATE AGAINST REPORTING TO AUTHORITIES ........................ 13 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ............................ 15 3.1 BURDENS AND STANDARDS OF PROOF ................................ ................................ ................................ ......................... 15 3.2 METHODS OF ESTABLISHING FACTS AND PRESUMPTIONS ................................ ................................ ................................ 15 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ ................................ ........................ 18 4.1 INCORPORATION OF THE PROHIBITED LIST ................................ ................................ ................................ .................... 18 4.2 PROHIBITED SUBSTANCES AND PROHIBITED METHODS IDENTIFIED ON THE PROHIBITED LIST ................................ .................. 18 4.3 WADA’ S DETERMINATION OF THE PROHIBITED LIST ................................ ................................ ................................ ...... 19 4.4 THERAPEUTIC USE EXEMPTIONS (“TUE S”) ................................ ................................ ................................ ................... 19 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ ................................ ......... 23 5.1 PURPOSE OF TESTING AND INVESTIGATIONS ................................ ................................ ................................ .................. 23 5.2 AUTHORITY TO TEST ................................ ................................ ................................ ................................ ................. 23 5.3 EVENT TESTING ................................ ................................ ................................ ................................ ....................... 24 5.4 TESTING REQUIREMENTS ................................ ................................ ................................ ................................ .......... 24 5.5 ATHLETE WHEREABOUTS INFORMATION ................................ ................................ ................................ ...................... 24 5.6 RETIRED ATHLETES RETURNING TO COMPETITION ................................ ................................ ................................ .......... 26 5.7 INDEPENDENT OBSERVER PROGRAMME ................................ ................................ ................................ ....................... 27 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ................................ ...................... 27 6.1 USE OF ACCREDITED , APPROVED LABORATORIES AND OTHER LABORATORIES ................................ ................................ ...... 27 6.2 PURPOSE OF ANALYSIS OF SAMPLES AND DATA ................................ ................................ ................................ ............. 27 6.3 RESEARCH ON SAMPLES AND DATA ................................ ................................ ................................ ............................. 27 6.4 STANDARDS FOR SAMPLE ANALYSIS AND REPORTING ................................ ................................ ................................ ...... 28 6.5 FURTHER ANALYSIS OF SAMPLES PRIOR TO OR DURING RESULTS MANAGEMENT ................................ ................................ .... 28 6.6 FURTHER ANALYSIS OF A SAMPLE AFTER IT HAS BEEN REPORTED AS NEGATIVE OR HAS OTHERWISE NOT RESULTED IN AN ANTI-DOPING RULE VIOLATION CHARGE ................................ ................................ ................................ ................................ .................... 28 6.7 SPLIT OF A OR B SAMPLE ................................ ................................ ................................ ................................ .......... 28 6.8 WADA S RIGHT TO TAKE POSSESSION OF SAMPLES AND DATA ................................ ................................ ......................... 28 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSION ................................ ................................ ................................ ................................ ................... 29 FIS Anti -Doping Rules page 4 Edition January 2021 7.1 RESPONSIBILITY FOR CONDUCTING RESULTS MANAGEMENT ................................ ................................ ............................ 29 7.2 REVIEW AND NOTIFICATION REGARDING POTENTIAL ANTI-DOPING RULE VIOLATIONS ................................ ........................... 30 7.3 IDENTIFICATION OF PRIOR ANTI-DOPING RULE VIOLATIONS ................................ ................................ ............................. 31 7.4 PROVISIONAL SUSPENSIONS ................................ ................................ ................................ ................................ ....... 31 7.5 RESULTS MANAGEMENT DECISIONS ................................ ................................ ................................ ............................ 32 7.6 NOTIFICATION OF RESULTS MANAGEMENT DECISIONS ................................ ................................ ................................ ..... 33 7.7 RETIREMENT FROM SPORT ................................ ................................ ................................ ................................ ........ 33 ARTICLE 8 RESULTS MANAGEMENT: R IGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ............... 33 8.1 FAIR HEARINGS ................................ ................................ ................................ ................................ ....................... 33 8.2 NOTICE URTHER OF DECISIONS ................................ ................................ ................................ ................................ .... 34 8.3 WAIVER OF HEARING ................................ ................................ ................................ ................................ ............... 34 8.4 SINGLE HEARING BEFORE CAS ................................ ................................ ................................ ................................ ... 35 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ................................ ................................ 35 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ ................................ ............. 35 10.1 DISQUALIFICATION OF RESULTS IN THE EVENT DURING WHICH AN ANTI-DOPING RULE VIOLATION OCCURS ............................... 35 10.2 INELIGIBILITY FOR PRESENCE , USE OR ATTEMPTED USE, OR POSSESSION OF A PROHIBITED SUBSTANCE OR PROHIBITED METHOD .. 36 10.3 INELIGIBILITY FOR OTHER ANTI-DOPING RULE VIOLATIONS ................................ ................................ .............................. 37 10.4 AGGRAVATING CIRCUMSTANCES WHICH MAY INCREASE THE PERIOD OF INELIGIBILITY ................................ ........................... 28 10.5 ELIMINATION OF THE PERIOD OF INELIGIBILITY WHERE THERE IS NO FAULT OR NEGLIGENCE ................................ ................... 38 10.6 REDUCTION OF THE PERIOD OF INELIGIBILITY BASED ON NO SIGNIFICANT FAULT OR NEGLIGENCE ................................ ............ 39 10.7 ELIMINATION , REDUCTION , OR SUSPENSION OF PERIOD OF INELIGIBILITY OR OTHER CONSEQUENCES FOR REASONS OTHER THAN FAULT ............................................................................................................................. ............................................... 40 10.8 RESULTS MANAGEMENT AGREEMENTS ................................ ................................ ................................ ........................ 42 10.9 MULTIPLE VIOLATIONS ................................ ................................ ................................ ................................ ............. 44 10.10 DISQUALIFICATION OF RESULTS IN COMPETITIONS SUBSEQUENT TO SAMPLE COLLECTION OR COMMISSION OF AN ANTI-DOPING RULE VIOLATION ................................ ................................ ................................ ................................ ............................... 45 10.11 FORFEITED PRIZE MONEY ................................ ................................ ................................ ................................ .......... 46 10.1 2 FINANCIAL CONSEQUENCES ................................ ................................ ................................ ................................ ...... 46 10.1 3 COMMENCEMENT OF INELIGIBILITY PERIOD ................................ ................................ ................................ .................. 46 10.1 4 STATUS DURING INELIGIBILITY OR PROVISIONAL SUSPENSION ................................ ................................ .......................... 48 10.1 5 AUTOMATIC PUBLICATION OF SANCTION ................................ ................................ ................................ ..................... 49 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ................................ ................ 49 11.1 TESTING OF TEAMS ................................ ................................ ................................ ................................ ................. 49 11.2 CONSEQUENCES FOR TEAMS ................................ ................................ ................................ ................................ ...... 49 ARTICLE 12 SANCTIONS A BY FIS AGAINST OTHER SPORTING BODIES ................................ ................................ .. 50 ARTICLE 13 RESULTS MANAGEMENT: A PPEALS ................................ ................................ ................................ .... 52 13.1 DECISIONS SUBJECT TO APPEAL ................................ ................................ ................................ ................................ .
52 13.2 APPEALS FROM DECISIONS REGARDING ANTI-DOPING RULE VIOLATIONS , CONSEQUENCES , PROVISIONAL SUSPENSIONS , IMPLEMENTATION OF DECISIONS AND AUTHORITY ................................ ................................ ................................ ................... 53 13.3 FAILURE TO RENDER A TIMELY DECISION ................................ ................................ ................................ ..................... 55 13.4 APPEALS RELATING TO TUE S ................................ ................................ ................................ ................................ ..... 55 13.5 NOTIFICATION OF APPEAL DECISIONS ................................ ................................ ................................ .......................... 55 13.6 TIME FOR FILING APPEALS ................................ ................................ ................................ ................................ ........ 55 13.7 INTERVENTION BY THIRD PARTIES ENTITLED TO APPEAL IN CASE WHERE THE PARTIES HAVE APPOINTED A THREE -MEMBER PANEL OF THE CAS ADD ................................ ................................ ................................ ................................ ................................ .
56 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ ................................ ... 57 14.1 INFORMATION CONCERNING ADVERSE ANALYTICAL FINDINGS , ATYPICAL FINDINGS , AND OTHER ASSERTED ANTI-DOPING RULE VIOLATIONS ................................ ................................ ................................ ................................ ................................ ..... 57 14.2 NOTICE OF ANTI-DOPING RULE VIOLATION OR VIOLATIONS OF INELIGIBILITY OR PROVISIONAL SUSPENSION DECISIONS AND REQUEST FOR FILES ................................ ................................ ................................ ................................ ........................... 58 14.3 PUBLIC DISCLOSURE ................................ ................................ ................................ ................................ ................ 58 14.4 STATISTICAL REPORTING ................................ ................................ ................................ ................................ ........... 59 14.5 DOPING CONTROL INFORMATION DATABASE AND MONITORING OF COMPLIANCE ................................ ............................... 60 FIS Anti -Doping Rules page 5 Edition January 2021 14.6 DATA PRIVACY ................................ ................................ ................................ ................................ ....................... 60 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ ................................ ..... 61 15.1 AUTOMATIC BINDING EFFECT OF DECISIONS BY SIGNATORY ANTI-DOPING ORGANISATIONS ................................ .................. 61 15.2 IMPLEMENTATION OF OTHER DECISIONS BY ANTI-DOPING ORGANISATIONS ................................ ................................ ....... 62 15.3 IMPLEMENTATION OF DECISIONS BY BODY THAT IS NOT A SIGNATORY ................................ ................................ ................ 62 ARTICLE 1 6 STATUTE OF LIMITATIONS ................................ ................................ ................................ ................. 62 ARTICLE 1 7 EDUCATION ................................ ................................ ................................ ................................ ....... 62 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL SKI ASSOCIATIONS ................................ .
63 ARTICLE 19 ADDITIONAL ROL ES AND RESPONSIBILITIES OF FIS ................................ ................................ ........... 64 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ................................ ................................ 64 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ............................... 65 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES............. ................................ ................................ ................................ ................................ .......................... 63 ARTICLE 2 3 INTERPRETATION OF THE CODE ................................ ................................ ................................ ........ 66 ARTICLE 2 4 FINAL PROVISION ................................ ................................ ................................ .............................. 67 APPEND IX 1 - DEFINITIONS ................................ ................................ ................................ ................................ ....... 70 FIS Anti -Doping Rules page 6 Edition January 2021 INTRODUCTION Preface These Anti -Doping Rules are adopted and implemented in accordance with FIS's responsibilities under the World Anti -Doping Code (“the Code ”), and in furtherance of FIS's continuing efforts to eradicate doping in sport.
These Anti -Doping Rules, like Competit ion Rules, are sport rules governing the conditions under which sport is played.
Aimed at enforcing anti -doping rules in a global and harmonised manner, they are distinct in nature from criminal and civil laws .
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings , although they are intended to be applied in a manner which respects the principles of proportionality and human righ ts.
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti -Doping Rule , which implement the Code , and the fact that these rules re present the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code , FIS shall be responsible for conducting all aspects of Doping Control .
Any aspect of Doping Contro l or anti -doping Education may be delegated by FIS to a Delegated Third Party , such as the International Testing Agency (ITA) , however, FIS shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards , and these Anti -Doping Rules.
FIS may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping Division.
When FIS has delegated its responsibilities to implement part or all of Doping Control to the Delegated Third Party , any reference to FIS in these Rules should be intended as a reference to that Delegated Third Party , where applicable and within the context of the aforementioned delegation.
FIS shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code .
Italici sed terms in these Anti -Doping Rules are defined terms in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of these Anti -Doping Rules.
Fundamental Rationale for the Code and FIS's Anti -Doping Rules Anti-doping program mes are founded on the intrinsic value of sport.
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedic ated perfection of each Athlete’s natural talents.
Anti-doping program mes seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods .
Anti-doping prog rammes seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
FIS Anti -Doping Rules page 7 Edition January 2021 The spirit of sport is the celebration of the human spirit, body and mind .
It is the essence of Olympism and is reflected in values we find in and through sport, including: • Health • Ethics, fair play and honesty • Athletes ' rights as set forth in the Code • Excellence in performance • Character and Education • Fun and joy • Teamwork • Diversity • Dedication and commitment • Respect for rules and laws • Respect for self and other Participants • Courage • Community and solidarity The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
FIS Anti -Doping Rules page 8 Edition January 2021 Description of FIS Anti-Doping Activities The FIS has been one of the most active and innovative leading International Sport Federations in the tough and very complex fight against doping.
FIS is strongly committed to the fight against doping, in order to offer to all Athletes , Athlete Support Per sonnel and Participants in every discipline fair and safe Competitions .
The FIS Integrity Manager is responsible for the day-to-day management of all anti -doping activities.
She/He oversees the Testing programme as developed by the FIS Anti -Doping Expert with input of the FIS Anti -Doping Advisory Group, as well as for the coordination with all external partners and liases with WADA .
She/He imposes Provisional Suspensions according to Article 7.
4 and take s any other Results Management decision or may enter into Results Management Agreements according to Article 10.8 on behalf of the FIS.
The FIS Anti -Doping Coordinator is responsible for coordinating Testing efforts with the National Anti -Doping Organizations , and supports the other day -to-day business and works closely with the FIS Integrity Manager.
She/He coordinates the development of the Risk Management, Test Distribution Plan, Testing Pools (i.e., the FIS Registered Test ing Pool , Additional Testing Pool or other Testing Pool established by FIS) and its regular updates.
The FIS Anti -Doping Expert is responsible for developing the Testing strategy/ programme on an annual basis with adaptations as necessary , including consulting with the FIS Anti -Doping Advisory Group, and to continuously improve the programme with available and up -to-date scientific knowledge.
The lab-associated FIS Athlete Passport Managemen t Unit/s (APMU/s) are responsible to review the hematological and steroidal passports in line with WADA rules and guidelines on a regular basis.
The FIS Independent Anti -Doping Delegate (FIS IADD ) decides on protests against Provisional Suspensions accord ing to Article 7.4.1 or 7.4.2 and issues a decision in cases where the Athlete or other Person has waived a hearing and agreed wit h the Consequences proposed by the FIS, according to Article 8.3.
FIS Anti -Doping Rules page 9 Edition January 2021 Scope of these Anti -Doping Rules These Anti -Doping Rules shall apply to : a. FIS, including its Council members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; b. each of its National Ski Association s, including their board members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; c. the following Athletes , Athlete Support Personnel and other Persons : i. all Athletes and Athlete Support Personnel who are members of FIS, or of any National Ski Association , or of any member or affiliate organisation of any National Ski Association (including any clubs, teams, associations) ; ii.
all Athletes and Athlete Support Personnel who participat e in such capacity in Events , Competitions and other activities organised, con vened, authorised or recognised by FIS, or any National Ski Association , or by any member or affiliate organisation of any National Ski Association (including any clubs, teams, associations) wherever held; iii.
any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a licence or other contractual arrangement, or otherwise, is subject to the authority of FIS, or of any National Ski Association , or of any member or affiliate organisation of any National Ski A ssociation (including any clubs, teams, associations) , for purposes of anti -doping; iv.
Athletes who are not regular members of FIS or of one of its National Ski Associations but who want to be eligible to compete in a particular International Event .
Each of t he above mentioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti -Doping Rules, and to have submitted to the authority of FIS to enforce these Anti -Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti -Doping Rules.1.