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6.2 Purpose of Analysis of Samples and Data Samples and related analytical data or Doping Control information shall be analysed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program me described in Article 4.5 of the Code ; or to assist FIS in profiling relevant parameters in an Athlete ’s urine, blood or other matrix, including for DNA or genomic profilin g, or for any other legitimate anti -doping purpose.28 6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti-doping research purposes, although no Sample may be used for research without the Athlete's written consent. |
Samples and related analytical data or Doping Control information used for research purposes shall first be proce ssed in such a manner as to prevent Samples and related analytical data or Doping Control 27 [Comment to A rticle 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results from other laborator ies so long as the results are reliable.] |
28 [Comment to Article 6.2.1: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.] |
FIS Anti -Doping Rules page 28 Edition January 2021 information being traced back to a particular Athlete . |
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code .29 6.4 Standards for Sample Analysis and Reporting In accordance with Article 6.4 of the Code , FIS shall ask laboratories to analy se Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations. |
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysi s menu, or as requested by FIS. |
Results from any such analysis shall be reported to FIS and have the same validity and Consequences as any other analytical result.30 6.5 Further Analysis of Samples Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time FIS notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge. |
If after such notification FIS wishes to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body . |
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 After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organisation that initiated and directed Sample collection or WADA . |
Any other Anti-Doping Organisation with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organisation that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Management . |
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organisation shall be at WADA ’s or that organisation's expense. |
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories. |
29 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered re search. |
Samples and related information used for such permitted non -research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.] |
30 [Comment to Article 6.4: The objective of this Article is to extend the princ iple of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping a re limited and that increasing the Sample analysis menu may, in some sports an d countries, reduce the numbe r of Samples which can be analy sed.] |
FIS Anti -Doping Rules page 29 Edition January 2021 6.7 Split of A or B Sample Where WADA , an Anti-Doping Organisation with Results Management authority, and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organisation with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed. |
6.8 WADA ’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organisation . |
Upon request by WADA , the laboratory or Anti-Doping Organisation in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data . |
If WADA has not provided prior notice to the laboratory or Anti-Doping Organisation before taking possession of a Sample or data , it shall provide such notice to the laboratory and each Anti-Doping Organisation whose Samples or data have been taken by WADA within a reasonable time after taking p ossession. |
After analysis and any investigation of a seized Sample or data , WADA may direct another Anti-Doping Organisation with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping ru le violation is discovered.31 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS 7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organi sation that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organi sation which first provides notice to an Athlete or other Person of a 31 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non -compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories. |
Where necessary, the laborator y and/or the Anti -Doping Organi sation shall assist WADA in ensuring that the seiz ed Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti -doping rule violation, non -compliance by a Signatory o r doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an an ti-doping rule violation or its Consequences.] |
FIS Anti -Doping Rules page 30 Edition January 2021 potential anti -doping rule violation and then diligently pursues that anti -doping rule violation) . |
7.1.2 In c ircumstances where the rules of a National Anti -Doping Organi sation do not give the National Anti -Doping Organi sation authority over an Athlete or other Person who is not a national, resident, license hold er, or member of a sport organi sation of that country, or the National Anti -Doping Organi sation declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as dir ected by the rules of the applicable International Federation. |
7.1.3 In the event the Major Event Organi sation assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organi sation , or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organi sation to the applicable International Federation for completion of Results Management . |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by FIS or the National Anti -Doping Organi sation with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If FIS determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organi sations . |
7.1.5 Other circumstances in which FIS shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determin ed by reference to and in accordance with Article 7 of the Code . |
7.1.6 WADA may direct FIS to conduct Results Management in particular circumstances. |
If FIS refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organi sation with authority over the Athlete or other Person , that is willing to do so, to take Results Management responsibility in place of FIS or, if there is no such Anti-Doping Organi sation , any other Anti-Doping Organi sation that is willing to do so. |
In such case, FIS shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organi sation designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non -compliance . |
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations FIS shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management . |
FIS Anti -Doping Rules page 31 Edition January 2021 7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, FIS shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organi sations to determine whether any prior anti -doping rule violation exists. |
7.4 Provisional Suspensions32 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If the FIS Integrity Manager receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method , he or she shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2. |
A mandatory Provisional Suspension may be eliminated by the IADD on protest of the Athlete according to Article 7.4.3 if: (i) the Athlete demonstrates that the violation is likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibili ty under Article 10.2.4.1. |
The IADD ’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable . |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods , Contaminated Products , or Other Anti -Doping Rule Violations The FIS Integrity Manager may impose a Provisional Suspension for anti -doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8. |
7.4.3 Review of the Provisional Suspension Where a Provisional Suspension is imposed pursuant to Article 7. |
4.1 or Article 7.4.2, the Athlete or other Person shall be given an opportunity to have the Provisional Suspension reviewed by the IADD in a Provisional Hearing either before or on a timely basis after imposition of the Provisional Suspension based on a written submission . |
The IADD may conduct an in -person hearing at the timely request of the Athlete or other Person and if the specific circumstances so demand. |
Subject to Article 7.4.1, t he Athlete or other Person 32 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by FIS, the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.] |
FIS Anti -Doping Rules page 32 Edition January 2021 has a right to appeal from the decision of the IADD in accordance with Article 13.2. |
Alternatively, the Athlete or other Person may request an expedited final hearing relating to the merits of the alleged anti -doping rule violation before the CAS ADD in accordance with Article 8 . |
The Provisional Suspension shall then be reviewed in the context of the expedited final hearing before the CAS ADD . |
7.4.4. |
Voluntary Acceptance of Provisional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample ) or ten (10) days from the notice of any other anti -doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice. |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) days from the notice of the anti -dopin g rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any credit for time previously served during the Provisional Suspension . |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athlete or FIS) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. |
In circumstances where the Athlete has been removed from an Event based on a violation of Articl e 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete to be reinserted, without otherwise affecting the Event , the Athlete may continue to take part in the Event 7.5 Results Management Decisions Results Management decisions or adjudications by the FIS Integrity Manager or the FIS IADD must not purport to be limited to a particular geographic area or the FIS’s sport and shall address and determine without limitation the follow ing issues: (i) whether an anti -doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti -doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any FIS Anti -Doping Rules page 33 Edition January 2021 forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .33 7.6 Notification of Results Mana gement Decisions FIS shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management . |
. |
7.7 Retirement from Sport34 If an Athlete or other Person retires while the FIS’s Results Management process is underway , FIS retain s authority to complete its Results Management process. |
If an Athlete or other Person retires before any Results Management process has begun, and FIS would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, FIS has authority to conduct Results Management . |
ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION 8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel FIS has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS ADD . |
The procedural rules of CAS ADD pertaining to the hearing of first instance shall apply. |
CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
33 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by FIS should address whether an anti -doping rule violation was committed and all Consequences flowing from the vio lation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport i n every country. |
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under A rticle 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organi sation’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1.] |
34 [Comment to Article 7.7: Conduct by an A thlete or other Person before the Athlete or other Person was subject to the auth ority of any Anti -Doping Organi sation would not constitute an anti -doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organi sation.] |
FIS Anti -Doping Rules page 34 Edition January 2021 8.1.2 Hearing Process 8.1.2.1 When FIS sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be refer red to the CAS ADD for hearing and adjudication, which shall be conducted in accordance with the principles described in Articles 8 and 9 of the International Standard for Results Management . |
8.1.2.2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by the CAS ADD .35 8.1.2.3 WADA, the National Ski Association and the National Anti -Doping Organi sation of the Athlete or other Person may attend the hearing as observers. |
In any event, FIS shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the CAS ADD shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of resu lts under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.2.2 FIS shall notify that decision to the Athlete or other Person and to other Anti-Doping Organi sations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by FIS. |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty (20) days or the deadline otherwise specified in the notice sent by the FIS asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation, and to have accepted the proposed Consequences . |
35 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti -doping rule violation is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete's results or continued participation in the Event.] |
FIS Anti -Doping Rules page 35 Edition January 2021 8.3.3 In cases where Article 8.3.1 or 8.3. |
2 applies, a hearing before CAS ADD shall not be required. |
Instead the IADD shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.3.4 FIS shall notify that decis ion to the Athlete or other Person and to other Anti-Doping Organi sations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
FIS shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearin g Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , FIS (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS.36 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences , including forfeiture of any medals, points and prizes.37 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences , including forfeiture of all medals, points and prizes, except as provided in Article 1 0.1.2. |
36 [Comment to Article 8.4: In some cases, the combined cost of holding a hearing in t he first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial. |
Where all of the parties identified in th is Article are satisfied that their interests will be adequately protected in a single he aring, there is no need for the Athlete or Anti -Doping Organi sations to incur the extra expense of two (2) hearings. |
An Anti -Doping Organi sation may participate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or othe r Person and FIS (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.] |
37 [Comment to Ar ticle 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are give n to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.] |
FIS Anti -Doping Rules page 36 Edition January 2021 Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete ’s anti -doping rule violation and whether the Athlete tested negative in the other Competitions .38 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competition s shall not be Disqualified , unless the Athlete's results in Competition s other than the Competition in which the anti -doping rule violation occurred were likely to have been affected by the Athlete's anti-doping rule violation. |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Articles 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Articles 10. |
5, 10.6 or 10. |
7: 10.2.1 The period of Ineligibility , subject to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti -doping rule violation does not involve a Specified Substance or a Specified Method , unless the Athlete or other Person can establish that the anti -doping rule violation wa s not intentional.39 10.2.1.2 The anti -doping rule violation involves a Specified Substance or a Specified Method and FIS can establish that the anti -doping rule violation was intentional. |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Articles 10.2, the term “intention al” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and manifestly disregarded that risk. |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Compe tition . |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional ” if the 38 Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the E vent (e.g., the swimming World Championships).] |
39 [Com ment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely t hat in a doping case under Article 2.1 an Athlete will be successful in proving that the Athlete acted unintentionally without establishing the source of the Prohibited Substance.] |
FIS Anti -Doping Rules page 37 Edition January 2021 substance is not a Specified Substance and the Athlete can establish tha t the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.40 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti -doping rule violation involves a Substance of Abuse : 10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, th en the period of Ineligibility shall be three (3) months Ineligibility . |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by FIS. |
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