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“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by FIS and its Athletes.] |
FIS Anti -Doping Rules page 47 Edition January 2021 rule violation last occurred. |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .56 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person , then the Athlete or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from FIS and t hereafter respects the Provisional Suspension , the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
A copy of the Athlete or other Perso n’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti -doping rule violation under Article 14.1.57 10.13.2.3 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athlete elected not to compete or was suspended by a team. |
10.13.2.4 In Team Events , where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
56 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organi sation to discover and develop facts sufficient to establish an anti -doping rule violation may be lengthy, particularly where the Athlete or other Person has ta ken affirmative action to avoid detection. |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
57 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.] |
FIS Anti -Doping Rules page 48 Edition January 2021 10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during the period of Ineligibility or Provisional Suspension , participate in any capacity in a Competition or activity (other than authorised anti -doping Education or rehabilitation program mes) authorised or organi sed by any Signatory, Signatory’s member organi sation , or a club or other member organisation of a Signatory’s member organi sation , or in Competitions authorised or organised by any professional league or any international - or national -level Event organisation or any elite or national -level sporting activity funded by a governmental ag ency. |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event , and does not involve the Athlete or other Person working in any capacity with Protected Persons . |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by FIS to provide whereabouts information.58 10.14.2 Return to Training As an exception to Article 10.1 4.1, an Athlete may return to train with a team or to use the facilities of a club or other member organisation of FIS ’s member National Ski Associations or other Signatory’s member organisation during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility , or (2) the last one -quarter of the period of Ineligibility imposed.59 58 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot partici pate in a training camp, exhibition or practice organized by their National Federation or a club which is a member of that National Federation o r which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non -Signatory pr ofessional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non -Signatory International Event organi sation or a non -Signat ory national -level Event organi sation without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organi sation described in this Article. |
Ineligibility imp osed in one sport shall also be recogni sed by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a period of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any ot her capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance standard accomplished during a period of Ineligibility shall not be recognized by FIS or its Nati onal Ski Associations for any purpose.] |
59 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete ’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Artic le 10.14.1 other than training.] |
FIS Anti -Doping Rules page 49 Edition January 2021 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.1 4.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length up to the original period of Ineligibility shall be added to the end of the original period of Ineligibility . |
The new period of Ineligibility , including a reprimand and no period of Ineligibility, may be adjusted based on the Athlete or other Person ’s degree of Fault and ot her circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti -Doping Organisation whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10. |
14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , FIS shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduced sanction as described in Article 10. |
5 or 10. |
6, some or all sport -related financial support or other sport -related benefits rec eived by such Person will be withheld by FIS and its National Ski Associations . |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports ) has been notified of an anti-doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate Target Testing of all members of the team during the Event Period . |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification FIS Anti -Doping Rules page 50 Edition January 2021 of the result obtained by the team in that Competition , with all resulting Consequences for the team and its members, including forfeiture of any medals, points and prizes. |
11.2.2 An anti -doping rule violation committed by a member of a team occurring during or in connection with an Event (e.g. |
FIS World Championships) may lead to Disqual ification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except as provided in Article 11.2.3. |
11.2.3 Where an Athlete who is a member of a team committed an anti -doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he/she/they bear(s) No Fault or Negligence for that violation, the results of the team in any other Competition(s) in that Event shall not be Disqualified unless the results of the team in the 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. |
ARTICLE 12 SANCTIONS BY FIS AGAINST OTHER SPORTING BODIES When FIS becomes aware that a National Ski Association or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rules within that organisation’s or body’s area of competence, FIS has the authority and may take the following additional disciplinary ac tions: 12.1 Withhold some or all funding or other financial and non-financial support to that organisation or body. |
12.2 Request r eimburse ment to FIS for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organisation or body . |
12.3 Take a dditional discip linary action with respect to that organisation’s or body’s recognition, the eligibility of their members to participate in FIS activities, and/or fine that organisation or body based on the following: 12.3.1 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with that organisation or body during a twelve ( 12) month period . |
In such event FIS may in its discretion elect to: (a) withdraw some or all F IS membership rights, including participation in all FIS calendar competitions, voting rights at the FIS Congress (b) ban all officials from that organisation or body for participation in any FIS activities for a period of up to two (2) years and/or (c) ca ncellation of the organi sation of future FIS Events in the disciplines concerned and/or ( d) fine the organisation or body in an amount up to the total FIS financial support due for two years but no less than CHF 50’000 (swiss francs) and/or ( e) reduction of quotas places at the Olympic Winter Games, FIS World Championships and FIS World Cup in accordan ce with FIS Anti -Doping Rules page 51 Edition January 2021 12.3. |
3. |
(For purposes of this Rule, any fine paid pursuant to Rule 12.3.2 shall be credited against any fine assessed.) |
12.3. |
2 If four (4) or more violations of these Anti -Doping Rules (other than violations involving Articles 2.4) are committed in addition to the violations described in Article 12.3.1 by Athletes or other Persons affiliated with in that organisation or body within a twelve ( 12) month period ., then FIS may suspend that organisation's or body's membership for a period of up to four ( 4) years. |
12.3. |
3 If four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are com mitted by Athletes or other Persons affiliated with that organisation or body within a 12 -month period, the following reduction of quotas places at the Olympic Winter Games, FIS World Championships and FIS World Cup will apply: Number of violations: Reduc tion of quota places: Four (4) to six (6) Next OWG and next WSC: reduc tion of two (2) quota places in the discipline and gender concerned; Next World Cup season: reduction of/by two (2) in the discipline and gender concerned. |
Seven (7) to eleven (11) Next OWG and next WSC: reduction of four (4) quota places in the discipline and gender concerned; Next World Cup season: reduction of six (6) quota places in the discipline and gender concerned. |
12.3. |
4 If more than one Athlete or other Person affiliated with that organisation or body commits an anti-doping rule violation during an International Event , FIS may fine that organisation or body in an amount up to CHF 50’000. |
12.3. |
5 That organisation or body has failed to make diligent efforts to keep FIS informed about an Athlete's whereabouts after receiving a request for that information from FIS. |
In such event FIS may fine th at organisation or body in an amount up to CHF 1’000 per Athlete in addition to a ll of the FIS costs incurred in Testing that orgnisation’s or body’s Athletes . |
FIS Anti -Doping Rules page 52 Edition January 2021 ARTICLE 13 RESULTS MANAGEMENT: APPEALS60 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed to the CAS Appeals Division ("CAS") as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the International Standards . |
Such decisions shall remain in effe ct while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.61 13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making it s decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.62 13.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within FIS’ process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in FIS’ process.63 60 [Comment to Article 13: The object of the Code is to hav e anti -doping matters resolved through fair and transparent internal processes with a final appeal. |
Anti -doping decisions by Anti -Doping Organi sations are made transparent in Article 14. |
Specified Persons and organi sations, including WADA, are then given t he opportunity to appeal those decisions. |
Note that the definition of interested Persons and organi sations with a right to appeal under Article 13 does not include Athletes, or their National Ski Associations , who might benefit from having another competit or Disqualified.] |
61 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.] |
62 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
63 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of FIS’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of FIS’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in FIS’s internal process and appeal directly to CAS.] |
FIS Anti -Doping Rules page 53 Edition January 2021 13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences , Provisional Suspensions, Implementation of Decisions and Authority A decision that an anti -doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti -doping rule violation, or a decision that no anti -doping rule violation was committed; a decision that an anti -doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) months notice requirement for a retired Athlete to return to competition under Article 5. |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by FIS not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordance with the International Standard for Results Management ; a decision to impose , or lift, a Provisional Suspension ; FIS' failure to comply with Article 7. |
4; a decision that FIS lacks authority to rule on an alleged anti -doping rule violation or its Consequences ; a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate ; Consequences under Article 10.7.1; , failure to comply with Articles 7.1.4 and 7.1.5 of the Code ; failure to comply with Article 10.8.1 ; a decision under Article 10.1 4.3; a decision by FIS not to implement another Anti-Doping Organisation ’s decision under Article 15 ; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2. |
13.2.1 Appeals Involving International -Leve l Athletes or International Events In cases arising from participation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.64 13.2.2 Appeals Involving Other Athletes or Other Persons In cases where Article 13.2.1 is not applicable, the decision may be appealed to an appe llate body, in accordance with rules adopted by the National Anti -Doping Organisation having authority over the Athle te or other Person . |
The rules for such appeal shall respect the following principles: a timely hearing; a fair , impartial , Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person 's own expense; and a timely, written, reasoned decision. |
If no such body as described above is in place and available at the time of the appeal , the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 64 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law appl icable to the annulment or enforcement of arbitral awards.] |
FIS Anti -Doping Rules page 54 Edition January 2021 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1 , the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FIS; (d) the National Anti -Doping Organisation of the Person’s country of residence or countries where the Person is a national or l icense holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olymp ic Games or Paralympic Games; and (f) WADA . |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti -Doping Organisation 's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FIS; (d) the National Anti -Doping Organisation of the Person ’s country of residence or countries where the Person is a national or license holder ; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligib ility for the Olympic Games or Paralympic Games; and (f) WADA . |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and FIS shall also have the right to appeal to CAS with respect to the decis ion of the national -level appeal body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organisation whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3.4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 FIS Anti -Doping Rules page 55 Edition January 2021 Decisions by FIS pursuant to Article 12 may be appealed exclusively to CAS by the National Ski Association or other body. |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with t he party’s answer.65 13.3 Failure to Render a Timely Decision Where, in a particular case, FIS fail s to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA , WADA may elect to appeal directly to CAS as if FIS had rendered a decision finding no anti -doping rule violation. |
If the CAS hearing panel determines that an anti -doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA ’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by FIS.66 13.4 Appea ls Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions FIS shall shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organisations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals67 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to 65 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti -Doping Organi sation appeals a decision a fter the Athlete’s time for appeal has expired. |
This provision permits a full hearing for all parties.] |
66 [Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation and Results Management process, it is no t feasible to establish a fixed time period for FIS to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with FIS and give FIS an opportunity to explain why it has not yet render ed a decision.] |
67 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appe al if the party has not received the decision.] |
FIS Anti -Doping Rules page 56 Edition January 2021 appeal but which was not a party to the proceedings that led to the decision being appealed: a) Within fifteen (15) days from notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the Anti-Doping Organisation that had Results Management authority ; b) If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty -one (21) days from receipt of the file to file an appeal to CAS. |
The above notwithstanding, the filing deadline for an a ppeal filed by WADA shall be the later of: a) Twenty -one days (21) 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 receipt of the complete file relating to the decision. |
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 Organisation shall be indicated by the same rules of the National Anti -Doping Organisati on. |
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 receipt of the complete file relating to the decision. |
13.7 Intervention by third Parties entitled to appeal in case where the parties have appointed a three -member Panel of the CAS ADD When the Parties agree to have a three -member Panel instead of a Sole Arbitrator with the CAS ADD, they also agree to designate such three -member Panel as a sole instance and to forgo their right of appeal before the CAS Appeals Division. |
In such circumstances, the CAS ADD Office shall inform WADA , if it is not a party to the proceedings and FIS shall inform other entities retainin g a right of appeal pursuant to Art. |
13.1 – 13.6 to give them an opportunity to intervene in the CAS ADD procedure or to waive their right of appeal. |
For the avoidance of doubt, nothing in this article shall affect any part's right of appeal as otherwise p rovided in Article 13. |
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