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13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions The WSF shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organisations that would have be en enti tled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals 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 abo ve notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal, but which was not a party to the proceedings having led to the decision subject to appeal: (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 WSF or other Anti-Doping Organisation that had Results Management authority; (b) If su ch a request is made within the fifteen (15) da y 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 appeal filed by WADA shall be the later of: (a) Twenty -one (21) days afte r 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 inde pendent and impartial body in accordance with rules established by the National Anti -Doping Organisation shall be indicated by t he same rules of the National Anti -Doping Organisation . |
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 h ave appealed, or (b) Twenty -one (21) days after W ADA’s receipt of the complete file relating to the decision. |
[Comment to Artic le 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until rec eipt of the decision. |
For that reason, there can be no expiration of a party’s right to appeal if the party has not received the decision.] |
ARTICLE 14 CONFIDENTIALITY & 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 Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violations asserted against them shall occur as provided under Articl e 7 and 14. |
41 | P a g e Notice to an Athlete or other Person who is a member of the PSA or a National Federation may be accomplished by delivery of th e notice to the PSA or the National Federation . |
The PSA and the National Federation shall confirm to the WSF that the notice has been delivered to the Athlete or other Person . |
If at any point during Results Management up until the anti -doping rule violatio n charge, the WSF decides not to move forward with the 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 ). |
Notice shall be delivered or emailed to Athletes and other Persons . |
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 provid ed 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, the WSF decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organisations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall inclu de: 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 labor atory, and other information as required by the International Standard for Testing and Investigations and International Standard for Results Management. |
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule vi olated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation refe renced in Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organisation and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Articles 7, 8 or 13 and shall be provided with a p rompt written reasoned explanation or decision explaining the resolution of the matter. |
14.1.5 Confidentiality The recipient organisations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate per sonnel at the applicable National Olympic Committee, the PSA, National Fede ration , and team in a Team Sport ) until the WSF has made Public Disclosure as permitted by Article 14.3. |
14.1.6 Protection of Confidential Information by an Employee or Agent of the WSF The WSF shall ensure that information concerning Adverse Analytical Fi ndings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3. |
The WSF shall ensure that its employees (whether permanent or otherwise), contracto rs, agents, consultants a nd Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigations and disciplining of improper and/or unauthorised disclosure of such confiden tial 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 violation decisions or decisions related to violations of Ineligibility or Provisio nal Suspension rendered pursuant to Articles 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 applicabl e, a justification for why the maximum potential sanction was not imposed. |
Where the decision i s not in English or French, the WSF shall provide an English or French 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) d ays of receipt, request a copy of the full case file pertaining to the decision. |
42 | P a g e 14.3 Public Disclosure 14.3.1 After notice has been provided the Athlete or othe r Person in accordance with the International Standard for Results Management and to the applic able Anti-Doping Organisations 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 nature of the violation involved, and whether the Athlete or other Person is subject to a Provisional Suspension , may be Publicly Disclosed by the WSF or its National Federations. |
14.3.2 No later than twenty (20) days after it has been determined in an 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 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, the WSF or its National Federations 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 involved (if any) and the Conse quences imposed. |
The WSF or its National Federations must also Publicly Disclose within twenty (20) days the results of appellate decisions concern ing anti -doping rule violations including the information described above. |
[Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of oth er applicable laws, the Anti -Doping Organisation’s failure to make the Public Disclosure will not result in a determination of non -compliance with the Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.] |
14.3.3 After an anti -doping rule violation has been determined to have been committed in an appellate decision under 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 been resolved under Article 10.8, the WSF 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 appea l, 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 th e underlying facts may not be Publicly Disclosed except with the co nsent of the Athlete or other Person who is the subject of the decision. |
The WSF and its National Federations shall use reasonable efforts to obtain such consent, and if consent is obtained , shall Publicly Disclose the decision in 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 WSF or its National Federations’ website and leaving the information up for the longer of one (1) mon th or the duration of any period of Ineligibility . |
It will be removed immediately after the expiry of the indicated time periods. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, neither the WSF, its National Federation or WADA -accredited laborator y, 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 attributed to, or based on informati on provided by, the Athlete , 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 Statistic al Reporting The WSF or its National Federations shall, at least annually, publish publicly a general statistical report of their Doping Control activities with a copy provided to WADA . |
The WSF or its National Federations may also publish reports showing the name of each Athlete tested and the date of each Testing . |
14.5 Doping Control Information Database and Monitoring of Compliance 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 43 | P a g e Organisations , The WSF 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) Wher eabouts information for Athletes including those in Registered Testing Pools , (c) TUE decisions, and (d) Results Management decisions as required under t he applicable International Standard (s). |
14.5.1 To facilitate coordinated test distribution planning, a void unnecessary duplication in Testing by various Anti-Doping Organisations , and to ensure that Athlete Biological Passport profiles are updated, the WSF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations. |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs, the WSF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeut ic Use Exemptions. |
14.5.3 To facilitate WADA’s oversight and appeal rights for Results Management , the WSF shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Result s Management: (a) notifications of anti -doping rule violations and related decisions for Adverse Analytical Fin dings; (b) notifications and related decisions for other anti -doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts fa ilures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension . |
14.5.4 The information described 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 Organisation and any other Anti-Doping Organisation s with Testing authority over the Athlet e. 14.6 Data Privacy 14.6.1 The WSF may collect, store, process or disclose personal information relating to Athletes and other Person s 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 c ompliance with applicable law. |
14.6.2 Without limiting the foregoing, the WSF 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 Information, that their personal information may be processed by the WSF 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 the WSF shares the persona l information of any Participant or Person is subject to appropriate technica l 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 Organisations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organisation, 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 proc eeding upon the WSF and its National Federations , 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 Suspensio n (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 44 | P a g e Provisional Hearing, expedited hearing or expedited appeal offered in accordance with Article 7.4.3) auto matically p rohibits the Athlete or other Person from participation (as described 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 Ineligibili ty. |
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 per iod automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 The WSF and its National Federations shall recognise and implement a decision and i ts effects as required by Article 15.1.1, witho ut any further action required, on the earlier of the date the WSF receives actual notice of the decision or the date the decision is placed by WADA into ADAMS . |
15.1.3 A decision by an Anti-Doping Organisation , a national appellate body or CAS to suspend or lift Consequences shall be binding upon the WSF and its National Federations without any further action required, on the earlier of the date the WSF receives actual notice of the decision or the date the decision is placed into ADAMS. |
15.1.4 Notwithstand ing any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organisation made in an expedited process during an Event shall not be binding on the WSF and its National Federations unless the rules of the Major Event Organisation provide the Athlete or other Person with an opportunity to a n appeal under non -expedited procedures. |
Comment to Article 15.1.4: By way of example, where the rule of the Major Event Organisation 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 Organisation is binding on other Signatories regardless of whether the Athlete or other Person chooses the expedited appe al option.] |
15.2 Implementation of Other Decisions by Anti-Doping Organisation s The WSF and its National Federations may decide to implement other anti -doping decisions rendered by Anti-Doping Organisation s not described in Article 15.1.1 above, such as Provisional Suspensions prior to Provisional Hearing or acceptance by the Athlete or other Person . |
[Comment to Articles 15.1 and 15.2: Anti -Doping Organisation decisions under Article 15.1 are implemented automatically by other Signatories without the requir ement of any decision or further action on the Sign atories’ part. |
For example, when a National Anti -Doping Organisation decides to Provisionally Suspend an Athlete, that decision is given automatic effect at WSF level. |
To be clear, the “decision” is the on e made by the National Anti -Doping Organisation, th ere is not a separate decision to be made by the WSF. |
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organisatio n. Implementation of Anti -Doping Organisations’ dec isions 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 underl ying decision. |
The extent of recognition of TUE dec isions of other Anti -Doping Organisations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.] |
15.3 Implementation of Decisions by a Body that is not a Signato ry An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by the WSF and its National Federations , if the WSF finds that the decision purports to be within the authority of that body and the anti -doping rules of that bod y are otherwise consistent with the Code. |
[Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, the WSF, other Signatories and 45 | P a g e National Federations 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 the WSF and all other Signatories should recognise the finding of an anti -doping rule violation and the Athlete’s Nati onal Federation should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed. |
The WSF or other Signatory’s implementation of a decision, or its decision not to implement a decision, under Article 15.3 is appealable under Article 13.] |
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 violati on 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 The WSF 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 18 ADDITIONAL ROLES & RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federation s, their members and the PSA shall comply with the Code, Internatio nal Standards and these anti -Doping Rules. |
All National Federations, other members and the PSA shall include in their policies, rules and programmes the provisions necessary to ensure that the WSF may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Person s 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 Federation and the PSA shall incorporate these Anti -Doping Rules either directly or by referen ce into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation and the PSA may e nforce them itself directly in respect of Athletes (including National -Level Athletes ) and oth er 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 Federations and the PSA shall cooperate with and support the WSF in that function . |
They shall also recognise, abide by and implement the decisions made pursuant to these Anti-Doping Rules, including the decisions imposing sanctions on Persons under t heir authority. |
18.4 All National Federations and the PSA shall take appropriate action to enforce compliance with the Code, International Sta ndards , and these Anti -Doping Rules by inter alia : (i) conducting Testing only under the documented authority of the WSF and using their National Anti -Doping Organisation or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations ; (ii) recognizing the authority of the National Anti -Doping Orga nisation in their country in accordance with Article 5.2.1 of the Code and assisting as appropriate with the National Anti -Doping Organisation’s implementation of the national Testing program for their sport; (iii) analysing all Samples collected using a WADA-accredited or WADA -approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national le vel anti -doping rule violation cases discovered by National Federations are adjudicated by an Operationally Independent Hearing Panel in accord ance with Article 8.1 and the International Standard for Results Management . |
18.5 All National Federations and t he PSA shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorised or organised by a National Federation , one of its member organisations or the PSA and all Athlete Support Personnel associated with s uch Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management authority of the WSF in conformity with t he Code as a condition of such participation. |
18.6 All National Federations and the PSA shall report any information suggesting or relating to an anti-doping rule violation to the WSF and to their relevant National Anti-Doping Organisation and 46 | P a g e shall cooper ate with investigations conducted by any Anti-Doping Or ganisation with authority to conduct the investigation. |
18.7 All National Federations and the PSA shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justifica tion from providing support to Athletes under the authority of the WSF its National Federations or the PSA. |
18.8 All National Federations and the PSA shall conduct anti -doping Education in coordination with their National Anti -Doping Organisations or the WSF. |
ARTICLE 19 ADDITIONAL ROLES & RESPONSIBILITIES OF THE WSF 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, the WSF shall repo rt to WADA on the WSF’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 the WSF Board members, directors, office rs, employees and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by the WSF, agreeing to be bound by these Anti -Doping Rules as Persons in conformity with the Code for direct and intentional misconduct. |
19.3 Subject to applicable law, and in accordance with Artic le 20.3.5 of the Code, any WSF employee who is involved in Doping Control (other than authorised anti -doping Education or rehabilitation programs) must sign a statement provid ed by the WSF confirming that they are not Provisionally Suspended or serving a p eriod 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. |
ARTICLE 20 ADDITIONAL ROLES & 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. |
[Comment t o 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 in the morning. |
For example, it is known that some Athletes use low doses of EPO duri ng these hours so that it will be undetectable in the morning.] |
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 Substances 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 the WSF, the PSA and their National Anti -Doping Organisation 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 Organisation s investigating anti -doping rule violations. |
Failure by any Athlete to cooperate in full with Anti-Doping Organisations investigating anti -doping rule violations may result in a charge of misconduct under the WSF’s disciplinary rules/code of conduct. |
20.7 To disclose the identity of their Athlete Support Personnel upon request by the WSF or a National Federation , or any Anti-Doping Organisation with authority over the Athlete . |
20.8 Offensive conduct towards Doping Control officials or other Persons involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under t he WSF’s disciplinary rules/code of conduct. |
ARTICLE 21 ADDITIONAL ROLES & 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 th eir influence on Athlete values and behaviour to foster anti -doping attitudes. |
47 | P a g e 21.4 To disclose to the WSF, the PSA 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. |
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 Organisations investigating anti -doping rule violations may result in a charge of misconduct under the WSF's disciplinary rules/code of conduct. |
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justific ation. |
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