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10.9.3.3 If the WSF establishes tha t an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Contr ol process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand -alone first violation and the pe riod of Ineligibility for such violation shall be served consecutively, rather than concurrently, wit h the period of Ineligibility , if any, imposed for the underlying anti -doping rule violation.
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1.
10.9.3.4 If the WSF establishes that a Person has committed a second or third anti-doping rule violation during a period of Ineligibility , the periods of Ineligibility for the mul tiple violations shall run consecutively, rather than concurrently.
34 | P a g e 10.9.4 Multiple Anti-Doping Rule Violations during Ten (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period i n order to be considered multiple violations.
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition ), or other anti -doping rule violation occurred, through th e commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any m edals, points and prizes.
[Comment to Article 10.10: Nothin g in these Anti -Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti -doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person .]
10.11 Forfeited Prize Money If the WSF recovers prize money forfeited as a result of an anti -doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete not competed.
[Comment to Article 10.11: This Article is not intended to impose an affirmative duty on the WSF or other Signatory to take any action to collect forfeited prize m oney.
If the WSF elects not to take any action to collect f orfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money.
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agr eed upon by the WSF and its Athletes.]
10.12 Financial Consequences 10.12.1 Where an Athlete or other Person commits an anti -doping rule violation, the WSF may, in its discretion and subject to the principle of proportionality, elect to (a) recover from t he Athlete or other Person costs associated with the anti -doping rule violation, regardless of the period of Ineligibility imposed and/or (b) fine the Athlete or other Person in an amount up to $10,000 U.S.
Dollars, only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed.
10.12.2 The imposition of a financial sanction or the WSF's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicab le under these Anti -Doping Rules or the Code.
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served.
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person , the WSF or the WSF Hearing Panel may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another ant i-doping rule violation last occurred.
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .
[Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Ar ticle 2.1, the time required for an Anti -Doping Organisation to discover and develop fact s sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirmative action to avoid detection.
In these circumstances, the flexibility provided in this Article to start the sanction a t an earlier date should not be used.]
35 | P a g e 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected b y 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 Provisio nal Suspension , then the Athlete or other Person shall receive n o 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 re ceive 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 the WSF and thereafte r 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 volun tary 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.
[Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Pro visional Suspension is not an admission by the Athlete and shall not be used in any way as to draw an adverse inference against the Athlete.]
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 Sports , where a period of Ineligibility is imposed upon a team, unless fairness requires otherw ise, 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.
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 a period of Ineligibility or Provisional Suspension , particip ate in any capacity in a Competition or activity (other than authorised anti -doping Education or rehabilitation programs) authorised or organised by the WSF, the PSA or any National Federation, or any Signatory , Signatory’s member organisation, or a club or other member organisation of a Signatory’s member organisation, or in Competiti ons 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 agency.
An Athlete or other Person subject to a period of Ineligibili ty longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport ev ents not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but only s o 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 s ubject to Testing and any requirement by the WSF to provide whereabouts information.
[Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organised by the PSA, his or her National Federation or a club which is a member of that National Federation or which is funded by a governmental agency.
Further, an ineligible Athlete may not compete in a non -Signatory professional league (e.g., the Natio nal Hockey League, the National Basketball Association, etc.
), Events organised by a non -Signatory International Event organisa tion or a non -Signatory national -level Event organisation without triggering the Consequences set forth in Article 10.14.3.
The t erm “activity” also 36 | P a g e includes, for example, administrative activities, such as serving as an official, director, officer, employ ee, or volunteer of the organisation described in this Article.
Ineligibility imposed in one sport shall also be recognised by ot her sports (see Article 15.1 Automatic Binding Effect of Decisions).
An Athlete or other Person serving a period of Ineligibili ty is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ine ligibility and doing so could also result in a violation of Article 2.10 by another Athlete.
Any performance standard accomplis hed during the period of Ineligibility shall not be recognised by the WSF or its’ National Federations or other Signatory or its National Federations for any purpose.]
10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member organisation of the WSF’s or other Signatory’s member organi sation during the shorter of: (i) the last two (2) months of the Athlete’s period of Ineligibility , or (ii) the last one -quarte r of the period of Ineligibility imposed.
[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 Article 10.14.1 other than training.]
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 prohibiti on against participation during Ineligibility described in Article 10.14.1, the results of such participation shall be Disquali fied and a new period of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the o riginal 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 other 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 Manageme nt 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 du ring a Provisional Suspension described in Article 10.14.1 shal l 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 , the WSF, the PSA or its National Federations shall impose sanctions for a violation of Article 2.9 for such assistance.
10.14.4 Withholding of Financial S upport during Ineligibility In addition, for any anti -doping ru le 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 received by such Person will be w ithheld by the WSF, the PSA and its National Federations .
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 (doubles or national team) has been notified of any 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 dur ing 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 of the result obtained in that Competition by the team wit h 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 duri ng or in connection with an Event may lead to Disqualificat ion of all of the results obtained by the team 37 | P a g e 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 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 h ave been affected by the Athlete's anti-doping rule violati on.
ARTICLE 12 SANCTIONS BY THE WSF AGAINST OTHER SPORTING BODIES When the WSF becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rule s within that organisation’s or body’s areas of competence, the WSF has the aut hority and may take the following additional disciplinary actions: 12.1 Exclude all, or some group of, members of that organisation or body from specified future Events or all Events conducted within a specified period of time .
12.2 Take additional discipl inary actions with respect to that organisation’s or body’s recognition, the eligibility of their members to participate in the WSF’s activities, and/or fine that organisation o r body based on the following: 12.2.1 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 perio d. In such event: (a) all or some group of members of that organisation or body may be banned from participation in any WSF activities for a period of up to two (2) years and/or (b) that organisation or body may be fined in an amount up to US$10,000 US Dol lars.
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are comm itted in addition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organisation or bod y during a twelve (12) month period .
In such event, that organisation or body may be suspended for a period of up to four ( 4) years.
12.2.3 More than one Athlete or other Person affiliated with that organisation or body commits an anti -doping rule violatio n during an International Event.
In such event, that organisation or body may be fined in an amount up to US$10,000.
12.2.4 That organisation or body has failed to make diligent efforts to keep the WSF informed about an Athlete's whereabouts after receivin g a request for that information from the WSF.
In such event, that organisation or body may be fined in an amount up to US$ 10,000 US Dollars per Athlete , in addition to reimbursement of all of WSF costs incurred in Testing that organisation’s or body’s Athletes.
12.3 Withhold some or all funding or other non -financial support to that organisation or body.
12.4 Get that organisation or body to reimburse the WSF for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of the Anti -Doping Rules committed by an Athlete or other Person affiliated with that organisat ion or body.
ARTICLE 13 RESULTS MANAGEMENT : APPEALS [Comment to Article 13: The object of the Code is to have anti -doping matters resolved throug h fair and transparent internal processes with a final appeal.
Anti -doping decisions by Anti -Doping Organisatio ns are made transparent in Article 14.
Specified Persons and organisations, including WADA, are then given the opportunity to appeal those decisi ons.
Note that the definition of interested Persons and organisations with a right to appeal under Article 13 d oes not include Athletes, or their Federations, who might benefit from having another competitor Disqualified.]
13.1 Decisions Subject to Appeal Decisions made under these Anti -Doping Rules may be appealed as set forth below in Article 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 effect while under ap peal unless the appellate body orders otherwise.
13.1.1 Scope of Review Not Limited 38 | P a g e 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.
An y party to 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 hearin g. [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 condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.]
13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.
[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.]
13.1.3 WADA Not Required to Exhaust Int ernal Remedies Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the WSF or its National Federation’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the WSF or its National Federation ’s process.
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of the WSF’s or its National Federation’s process (for example, a first hearing) and no party elects to appeal t hat decisio n to the next level of the WSF’s or its National Federation’s process (e.g.
the Executive Board), then WADA may bypass the remaining steps in the WSF’s or its National Federation’s internal process and appeal directly to CAS.]
13.2 Appeals from Decisions R egarding 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 rul e violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant a n 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 the WSF or its National Federations not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision no t to go forward with an anti -doping rule violation after an investigation in accordance with the International Standard for Results Manag ement ; a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing ; the WSF or its National Federations failure to comply with Article 7.4; a decision that the WSF or its National Federations lacks authority to rule on an a lleged anti -doping rule violation or its Consequences ; a decision to suspend, or not suspend, Consequences or to reinst ate, 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 10.14.3; and a decision by the WSF or its National Federations 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 exclus ively as provided in this Article 13.2.
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation in an International Event or in cases involving International -Level Athletes , the decision may be app ealed exclusively to CAS.
[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]
13.2.2 Appeals Involving Other Athletes or Other Persons In cas es where Article 13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordance with rules adopted by the National Anti -Doping Organisation having authority over the Athlete or other Person.
39 | P a g e The rules for such appeal shall respe ct the following principles: a timely hearing; a fair, impartial and Operationally Independent and Institutionally Independent Hearing Panel; the right to be represented by counsel at the Person 's own expense; and a tim ely, 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 applicable procedural rules.
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athlet es 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) the WSF; (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 appli cable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the O lympic Games or Paralympic Games; and (f) WADA .
13.2.3.2 Appeals Involving Other Athletes or Other Person s 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) the WSF; (d) the National Anti -Doping Organisation of the Person’s country of residence or countries where the Person is a na tional 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 eligibility fo r the Olympic Games or Paralympic Games; and (f) WADA .
For cases under Article 13.2.2, WADA , the International Olympic Committee, the Internati onal Paralympic Committee, and the WSF shall also have the right to appeal to CAS with respect to the decision of the national -level appeal body.
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from th e Anti-Doping Organisation whose decision is being appealed and the information shall be provided if CAS so direc ts.
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 ti mely notice of the appeal.
13.2.3.4 Appeal from Imposition of Provisional Suspension Notwithstanding any other p rovision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or the other Person upon whom the Provisional Suspension is imposed.
13.2.3.5 Appeal from Decision under Article 12 Decisions by the WSF pursuant to Article 12 may be appealed exclusively to CAS by the National Federation 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 a ppeal at the latest with the party’s answer.
[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 Organisation appeals a decision after the Athlete’s time for appeal has expired.
This provision permits a full hearing for all parties.]
40 | P a g e 13.3 Failure to Render a Timely Decision by the WSF Where, in a particular case, the WSF fails 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 the WSF had rendered a decisi on 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 appe al shall be reimbursed to WADA by the WSF.
[Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation, Results Management and hearing process, it is not feasible to establish a fixed time period for the WSF to render a decision before WADA may inte rvene by appealing directly to CAS.
Before taking such action, however, WADA will consult with the WSF and give the WSF an opportunity to explain why it has not yet rendered a decision.]