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FIS Anti -Doping Rules page 57 Edition January 2021 ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athlete s and other Person s Notice to Athletes or other Persons of anti -doping rule violations asserted against them shall occur as provided under Articles 7 and 14 . |
Notice to an Athlete or other Person who is a member of a National Ski Association may be accomplished by delivery (via email) of the notice to the National Ski Association . |
If at any point during Results Management up until the anti -doping rule violation charge, FIS decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organisations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organisations and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to the Athlete or other Person . |
If at any point during Results Management up until the anti -doping rule violation charge, FIS decides not to move forward with a matter, it mu st give notice (with reasons) to the Anti-Doping Organi sations with a right of appeal under Article 13.2.3. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete 's or other Person’s name, country, sport and discipline within the sport, the Athlete ’s competitive level, whether the test was In-Competition or Out-of-Competition , the date of Sample collection, the analytical result reported by the laboratory, and other i nformation as required by the International Standard for Results Management . |
Notice of anti -doping rule violations other than under Article 2.1 shall include the rule violated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in notice of an anti-doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organisation s and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter. |
FIS Anti -Doping Rules page 58 Edition January 2021 14.1.5 Confidentiality The recipient organisations shal l not disclose this information beyond those Person s with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee and National Ski Association ) until FIS has made Public Disclosure as permitted by Article 14.3. |
14.1.6 Protection of Confidential Information by an Employee or Agent of FIS FIS shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3 . |
FIS shall ensure that its employees (whether permanent or otherwise) , contractors, agents , consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and d isciplining of improper and/or unauthorised disclosure of such confidential information. |
14.2 Notice of Anti -Doping Rule Violation or Violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violatio n decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7. |
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification fo r why the maximum potential sanction was not imposed. |
Where the decision is not in English, FIS shall provide a short English summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organisation having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organi sations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a potential anti-doping rule violation , the Prohibited Substance or Prohibited Method and the nature of the violation involved, and whether the Athlete or other Person is subject to a Provisional Suspension may be Publicly Disclosed by FIS. |
14.3.2 No lat er than twenty days (20) after it has been determined in a n appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility , or reprimand, has been imposed under Article 10.14.3, FIS must Publicly Disclose the disposition of the anti-doping matter, including the sport, the anti -doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method FIS Anti -Doping Rules page 59 Edition January 2021 involved (if any), and the Consequences imposed. |
FIS must also Publicly Disclose within twenty (20) days the results of appel late decisions concerning anti-doping rule violations, including the information described above.68 14.3.3 After an anti -doping rule violation has been determined to have been committed in an appellate decision und er Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has be en resolved under Article 10.8, FIS may make public such determination or decision and may comment publicly on the matter. |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However , the decision itself and the under lying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
FIS shall use reasonable efforts to obtain such consent , and i f consent is obtained, shall Publicly Disclose the decision i n its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3. |
5 Publication shall be accomplished at a minimum by placing the required information on the FIS’ website or publishing it through other means and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility . |
14.3. |
6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organi sation , National Ski Association , or WADA -accredited laboratory, or any official of any such body , shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments att ributed to , or based on information provided by, the Athlete or other Person or their entourage or other representatives. |
14.3. |
7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti -doping rule violation is a Minor , Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case. |
14.4 Statistical Reporting FIS shall , at least annually (after the end of the competition season ), publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
FIS may also publish reports showing the name of each Athlete tested and the date of each Testing . |
68 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a b reach of other applicable laws, FIS’s failure to make the Public Disclosure will not result in a determi nation of non -compliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.] |
FIS Anti -Doping Rules page 60 Edition January 2021 14.5 Doping Control Information Database and Monitoring of Co mpliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organi sations , FIS shall report to WADA through ADAMS Doping Control -related information, including, in particular: (a) Athlete Biological Passport data for International -Level Athletes and National -Level Athletes , (b) Whereabouts information for Athletes including those in Registered Testing Pools , (c) TUE decisions, and (d) Results Management decisions, as required under the applicable International Standard(s) . |
14.5.1 To facilitate coordinated test distribution planning , avoid unnecessary duplication in Testing by the various Anti-Doping Organisation s, and to ensure that Athlete Biological Passport profiles are updated, FIS shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirement s and timelines contained in the International Standard for Testing and Investigations. |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , FIS shall report all TUE applications, decisions and supporting documentation using ADAMS in accordan ce with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , FIS shall report the following information into ADAMS in accorda nce with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related decisions for Adverse Analytical Findings ; (b) notifications and related decisions for other anti -doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension . |
14.5.4 The information desc ribed in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organi sation , and any other Anti-Doping Organi sations with Testing authority over the Athlete . |
14.6 Data Privacy 14.6.1 FIS may collect, store, process or disclose personal information relating to Athlete s and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) , these Anti -Doping Rules , and in compliance with applicable law. |
FIS Anti -Doping Rules page 61 Edition January 2021 14.6.2 Without limiting the foregoing, FIS shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Info rmation, that their personal information may be processed by FIS and other Persons for the purpose of the implementation of these Anti -Doping Rules; (c) Ensure that any third -party agents (including any Delegated Third Party ) with whom FIS shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information. |
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organi sations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organi sation , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon FIS and its National Ski Associations , as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decision by any of the above -described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hearing or expedited appeal offered in accordance with Article 7.4.3) automatically prohibits the Athlete or other Person from participation (as des cribed in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension . |
15.1.1.2 A decision by any of the above -described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineligibility . |
15.1.1.3 A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
15.1.1.4 A decision by any of the above -described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
FIS Anti -Doping Rules page 62 Edition January 2021 15.1.2 FIS and its National Ski Associations shall recogni se and implement a decision an d its effects as required by Article 15.1.1, without any further action required, on the earlier of the date FIS receives actual notice of the decision or the date the decision is placed into ADAMS . |
15.1.3 A decision by an Anti-Doping Organi sation , a nati onal appellate body or CAS to suspend, or lift, Consequences shall be binding upon FIS and its National Ski Associations without any further action required, on the earlier of the date FIS receives actual notice of the decision or the date the decision is placed into ADAMS . |
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organi sation made in an expedited process during an Event shall not be binding on FIS or its National Ski Associations unless the rules of the Major Event Organi sation provide the Athlete or other Person with an opportunity to an appeal under non -expedited procedures.69 15.2 Implementation of Other Decisions by Anti-Doping Org anisations FIS and its National Ski Associations may decide to implement other anti -doping decisions rendered by Anti-Doping Organisations not described in Article 15.1.1 above, such as a Provisional Suspension reviewed by the IADD or prior to acceptance by the Athle te or other Person .70 15.3 Implementation of Decisions by Body that is not a Signatory An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by FIS and its National Ski Associations , if FIS finds that the decision purports to be within the authority of that body and the anti -doping rules of that body are otherwise consistent with the Code .71 69 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organis ation give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organi sation is binding on other Signatories regardless of whether the Athlete or o ther Person chooses the expedited appeal option.] |
70 [Comment to Articles 15.1 and 15.2: Anti -Doping Organis ation decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on t he Signatories’ part. |
For example, when a National Anti - Doping Organi sation decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. |
To be clear, the “decision” is the one made by the Nati onal Anti -Doping Organi sation, there is not a separate decision to be made by the International Federation. |
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organi sation. |
Implementation of Anti-Doping Organi sations’ decisions under Article 15.2 is subject to each Signatory’s discretion. |
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the und erlying decision. |
The extent of recognition of TUE decisions of other Anti -Doping Organi sations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.] |
71 [Comment to Article 15.3: Where the decision of a body th at has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, FIS, other Signatories and National Ski Associations should attempt to apply the decision in harmony with the principles of the Code. |
For example, if in a process consistent with the Code a non -Signatory has found an Athlete to have committed an anti -doping rule violation on account of the presence of a Pro hibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then FIS and all other Signatories should recognize the finding of an anti -doping rule violation and the Athlete’s National Anti-Doping Organi sation should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed. |
FIS or other Signatory’s implementation of a decision, or their decision not to imp lement a decision under Article 15.3, is appealable under Article 13.] |
FIS Anti -Doping Rules page 63 Edition January 2021 ARTICLE 16 STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti -doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred. |
ARTICLE 17 EDUCATION FIS shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education . |
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL SKI ASSOCIATIONS 18.1 All National Ski Associations and their members shall comply with the Code , International Standards , and these Anti -Doping Rules. |
All National Ski Associations and other members shall include in their policies, rules and programmes the provisions necessary to ensure that FIS may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti -doping authority as specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”) . |
18.2 Each National Ski Association shall incorporate these Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Ski Association may enforce them itself directly in respect of Athle tes (including National -Level Athletes ) and other Persons under its anti -doping authority . |
18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Ski Associations shall cooperate with and support FIS in that function . |
They shall also recogni se, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority. |
18.4 All National Ski Associations shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti -Doping Rules by inter alia : (i) conducting Testing only under the documented authority of FIS and using their National Anti -Doping Organi sation or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations; (ii) recogni sing the authority of the National Anti -Doping Organi sation in their country in accordance with Article 5.2.1 of the Code and assisting as appropriate with the National Anti -Doping Organi sation’s implementation of the national Testing program for their sport; FIS Anti -Doping Rules page 64 Edition January 2021 (iii) analy sing all Samples collected using a WADA -accredited or WADA -approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national level anti -doping rule violation cases discovered by National Ski Associations are adjudicated by an Operationally Indepen dent hearing panel in accordance with Article 8.1 and the International Standard for Results Management . |
18.5 All National Ski Associations shall establish rules requiring all Athlete s preparing for or participat ing in a Competition or activity authorised or organised by a National Ski Associations or one of its member organisations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management authority of the Anti-Doping Organisation in conformity with the Code as a condition of such participation. |
18.6 All National Ski Associations shall report any informa tion suggesting or relating to an anti -doping rule violation to FIS and to their National Anti-Doping Organisations and shall cooperate with investigations conducted by any Anti-Doping Organisation with authority to conduct the investigation. |
18.7 All National Ski Associations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of FIS or the National Ski Associations . |
18.8 All National Ski Associations shall conduct anti -doping Education in coordination with their National Anti -Doping Organisatio ns. |
ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF FIS 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, FIS shall report to WADA on FIS’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code . |
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code , all FIS Council members, directors, officers and those employees (and those of appointed Delegated Third Parties ), who are involved in any aspect of Doping Control , must sign a form provided by FIS, agreeing to be bound by these Anti -Doping Rules as Persons in conformity with the Code for direct and intentional miscondu ct. 19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any FIS employee who is involved in Doping Control (other than authori sed anti -doping Education or rehabilitation programs) must sign a statement provided by FIS confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti -doping rules if Code-compliant rules had been applicable to them. |
FIS Anti -Doping Rules page 65 Edition January 2021 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
20.2 To be available for Sample collection at all times.72 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use. |
20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules. |
20.5 To disclose to FIS and their National Anti -Doping Organi sation any decision by a non -Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years. |
20.6 To cooperate with Anti-Doping Organi sations investigating anti -doping rule violations. |
Failure by any Athlete to cooperate in full with Anti-Doping Organi sations investiga ting anti -doping rule violations may result in a charge of misconduct under FIS's Universal Code of Ethics 20.7 To disclose the identity of their Athlete Support Personnel upon request by FIS or a National Ski Association , or any other Anti-Doping Organ isation with authority over the Athlete . |
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduc t under FIS's Universal Code of Ethics . |
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
21.2 To cooperate with the Athlete Testing program. |
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes. |
21.4 To disclose to FIS and their National Anti -Doping Organisation any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years. |
72 [Comment to Article 20.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early i n the morning. |
For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.] |
FIS Anti -Doping Rules page 66 Edition January 2021 21.5 To cooperate with Anti-Doping Organisations investigating anti -doping rule violations. |
Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organi sations investigating anti -doping rule violations may result in a charge of misconduct under FIS's Universal Code of Ethics. |
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification. |
Any such Use or Possession may result in a sanction by the FIS Court. |
The sanction may consist in a charge of misconduct under FIS's Universal Code of Ethics. |
21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in charge of misconduct under FIS's Universal Code of Ethics. |
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
22.2 To disclose to FIS and their National Anti -Doping Organi sation any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years. |
22.3 To cooperate with Anti-Doping Organi sations investigating anti -doping rule violations. |
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organi sations investigating anti -doping rule violations may result in a charge of misconduct under FIS's Universal Code of Ethics. |
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification. |
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge o f misconduct under FIS's Universal Code of Ethics. |
ARTICLE 2 3 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French. |
In the event of any conflict between the English and French versions, the English version shall prevail. |
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code . |
FIS Anti -Doping Rules page 67 Edition January 2021 23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments. |
23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer. |
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise specified. |
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