However, if the Athlete then commits one (or two, as applicable) further Whereabouts Fa ilure(s) within the relevant 12-month period, new proceedings may be brought based on a combination of the Whereabouts Failure(s) established to the satisfaction of the h earing panel in the previous proceedings (in accordance with Code  Article 3.2.3) and the Whereabouts Failure(s) subsequently committed by the Athlete .