text
stringlengths 1
17.8k
|
|---|
Any such Use or Possession may resu lt in a charge of misconduct under the WSF's disciplinary rules/code of conduct. |
21.7 Offensive conduct towards Doping Control officials or other Persons involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in a charge of misconduct under the WSF’s disciplinary rules/code of conduct. |
ARTICLE 22 ADDITIONAL ROLES & RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rule s. 22.2 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. |
22.3 To cooperate with Anti-Doping Organisatio ns investigating anti -doping rule violations. |
Failure by any other Person subject to these Anti -Doping Rules to comply 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. |
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification. |
22.5 Offensive conduct towards Doping Control officials or other Person involved in Doping Control by a Person , which doe s not otherwise constitute Tampering , may results in a charge of misconduct under the WSF’s disciplinary rules/code of conduct. |
ARTICLE 23 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in E nglish and French. |
In the event of any conflict between the English and French versions, th e English version shall prevail. |
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code. |
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 t he substance of the Code or to affect in any way the language of the provisions to which th ey refer. |
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise specified. |
23.6 The Code shall no t apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules. |
However, pre -Code anti-doping rule violations would continue to count as “First violations” or “Second violations” for purpo ses of de termining sanctions under Article 10 for subsequent post -Code violations. |
23.7 The Purpose, Scope and Organisation of the World Anti -Doping Program and the Code and Appendix 1, Definitions and Appendix 2, Examples of the Application of Article 1 0, shall be considered integral parts of the Code. |
ARTICLE 24 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti -Doping Rules, it shall mean calendar days unless otherwise specified. |
24.2 These Anti -Doping Rules shall be interpreted as an independ ent and autonomous text and not by reference to existing law or statutes. |
48 | P a g e 24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that i s consist ent with applicable provisions of the Code and the International Standards . |
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict. |
24.4 The Introduction and Appendix 1 s hall be considered integral parts of these Anti -Doping Rules. |
24.5 The comments annotating various provisions of th ese Anti -Doping Rules shall be used to interpret these Anti -Doping Rules. |
24.6 These Anti -Doping Rules shall enter into force on 1 January 2 021 (the “Effective Date”). |
They repeal the WSF’s Anti-Doping Rules that came into effect on 1 January 2015. |
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date. |
However: 24.7.1 Anti-doping rule violation s taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date. |
24.7.2 Any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date base d on an anti -doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive anti -doping rules in effect at the time the alleged anti -doping rule violation occurred, and not by the substantive anti -doping rules set ou t in these Anti -Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumsta nces of the case. |
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantiv e rules, and should be applied retroactively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 16 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date). |
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test , as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relie d upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve (12) months after it occurred . |
24.7.4 With respect to cases where a final decision finding an anti -doping rule vi olation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to the WSF or other Anti-Doping Organisation which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules. |
Such application must be made before the period of Ineligibility has expired. |
The decision rendered may be appealed pursuant to Article 13.2. |
These Anti -Doping Rules shall have no application to any case where a final decision finding an anti -doping rule violation has been rendered an d the period of Ineligibility has expired. |
24.7.5 For purposes of ass essing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for th at first violation had these Anti -Doping Rules been applicable, shall be applied [Comment to Article 24.7.5: Other than the situation described in Article 24.7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the E ffective Date and the period of Ineligibility imposed has been completely served, these Anti -Doping Rules may not be used to re -characterise the prior violation.] |
24.7.6 Changes to the Prohibited List and Technical Documents relating to substances on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively. |
As an exception, however, when a Prohibited Substance has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on acc ount of the formerly Prohibited Substance may apply to the WSF, or other Anti-Doping Organisation which had Results Management responsibility for the anti -doping rule violation, to consider a reduction in the period of Ineligibility in light of the removal of the substance from the Prohibited List . |
49 | P a g e APPENDIX 1 – DEFINITIONS [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.] |
ADAMS : The Anti -Doping Admin istration and Management System is a Web -based database management tool for data entry, storage, sharing and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legisla tion. |
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method . |
However, this definition shall not include the actions of bona f ide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance. |
Adverse Analytical Finding : A report from a WADA -accredited Laboratory o r other WADA -approved laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Met hod. |
Adverse Passpor t Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards . |
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction. |
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibi ted Methods, Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations ; a normal individual would be likely to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation ; or the Athlete or other Person engaged in Tamp ering during Results Management or the hearin g process. |
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period o f Ineligibility . |
Anti-Doping Activities : Anti-doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organising analysis of Samples , gathering of intelligence and conduct of investigations, pr ocessing of TUE applications, Results Management , hearings, monitoring and enforcing compliance with any Consequences imposed and all other activities related to a nti-doping to be carried out by or on behalf of an Anti-Doping Organisation , as set out in th e Code and/or the International Standards . |
Anti-Doping Organisation : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enf orcing any part of the Doping Control process. |
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organisations that conduct Testing at their Events , International Federations and National Anti -Doping Organisations. |
Athlete : Any Person who competes in sport at the internation al level (as defined by each International Federation ), or the national level (as defined by each National Anti -Doping Organisation ). |
An Anti-Doping Organisation has discretion to apply anti -doping rules to an Athlete who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “Athlete”. |
In relation to Athletes who are neither Internationa l-Level nor National -Level Athletes, an Anti-Doping Organisation may elect to: conduct limited Testing or no Testing at all; analyse Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs. |
However, if an Article 2.1, 2.3 or 2.5 anti -doping rule violation is committed by any Athlet e over whom an Anti-Doping Organisation has elected to exercise its authority to test and who competes below the international or national level, the n the Consequences set forth in the Code must be applied. |
For purposes of Article 2.8 and Article 2.9 and f or purposes of anti -doping information and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organisation accepting the Code is an Athlete . |
50 | P a g e [Comment to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International -Level Athlete 2) National -Level Athlete 3) Individuals who are not International or National -Level Athletes but over whom the WSF or National Anti -Doping Organisation has chosen to exercise authority 4) Recre ational Athlete and 5) Individuals over whom no International Federation or National Anti -Doping Organisation has, or has chosen to, exercise authority. |
All International and National -Level Athletes are subject to the anti -doping rules of the Code, with the p recise definitions of international and national level sport to be set forth in the anti -doping rules of the International Federat ions and National Anti -Doping Organisations.] |
Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories . |
Athlet e Support Personnel : Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any o ther Person working with, treating or assisting an Athlete participating in or preparing for sports competition . |
Attempt : Purposel y engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation. |
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt . |
Atyp ical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adver se Analytical Finding . |
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards . |
CAS: The Court of Arbitration for Sport. |
Code : The World Anti -Doping Code. |
Competition : A single r ace, match, game or singular sport contest. |
For example, a basketball game or the finals of the Olympic 100 metre race in athletics. |
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the WSF. |
Consequences of Anti -Doping Rule Violations : (“Consequences”) : An Athlete's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disquali fication means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti-doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14; (c) Provisional Suspension means the Athlete or other Person is barred te mporarily from participatin g in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti -doping rule violation or to recover costs associated w ith an anti -doping rule vio lation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. |
Teams in Team Sports may also be subject to Conse quences as provided in Article 11. |
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search. |
Decision Limit : The v alue of the result for a th reshold substance in a Sample , above which an Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories . |
Delegated Third Party : Any Person to which the WSF delegates any aspect of Doping Control or anti-doping Education programmes including, but not limited to, third parties or other Anti-Doping 51 | P a g e Organisations that conduct Sample collection or other Doping Control services or ant -doping Educational programs f or the WSF, or individuals serving as independent contr actors who perform Doping Control services for the WSF (e.g. |
non -employee Doping Control officers or chaperones. |
This definition does not include CAS. |
Disqualification : See Consequences of Anti-Doping Rule Violations , above. |
Doping Control : All steps and p rocesses from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences including all steps and processes in between, including but not li mited to, Testing , investigations whereabouts, TUEs, Sample collect ion and handling, laboratory analysis, Results Management, hearings and appeals, and investigation or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension . |
Education : The process of learning to instil v alues and develop behaviours that foster and protect the spirit of sport and to prevent intentional and unintentional doping. |
Event : A series of individual Competitions conducted together u nder one ruling body (e.g., the Olympic Games, WSF World Championsh ips, or Pan American Games). |
Event Period: The time between the beginning and end of an Event , as established by the ruling body of the Event . |
Event Venues : Those venues so designated by th e ruling body for the Event . |
Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation. |
Factors to be taken into consideration in assessing an Athlete or other Person ’s degree of Fault include, for example, the Athlete ’s or other Person ’s experience, whether the Athlete or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have be en the perceived level of risk. |
In assessing the Athlete’s or other Person’s degree of Fault, the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’s departure from the expected standard of behaviour. |
Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant f actors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2. |
[Comment to Fault: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered. |
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.] |
Financial Consequences : see Consequenc es of Anti -Doping Rule Violation s, above. |
In-Competition : The period commencing at 11:59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition . |
[Comment: Having a universally accepted definition for In -Competition provides greater harmonisation among Athletes across all sports, eliminated or reduces confusion among Athletes about the relevant time -frame for In -Competition Testin g, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assist in preventing any potential performance enhancement effects from substances prohibited Out -of-Competition being carried for to the Competition period.] |
Independent Observer Program : A tea m of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance mo nitoring programme. |
Individual S port: Any sport that is not a Team Sport. |
Ineligibility : See Consequences of Anti -Doping Rule Violations above. |
Institutional Independence : Hearing Panels on appeal shall be fully independent institutionally from the Anti-Doping Organisation responsible fo r Results Management . |
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organisation responsi ble for Results Management . |
International Event : An Event or Competition where the International Olympic Committee, th e International Paralympic Committee, an International Federation, a Major Event Organisation, or 52 | P a g e another international sport organisation is the ruling body for the Event or appoints the technical officials for the Event. |
International -Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Stand ard for Testing and Investigations . |
For the sport of squash, International -Level Athletes are defined as set out in th e Scope section of the Introduction to these Anti -Doping Rules. |
[Comment to International -Level Athlete: Consistent with the International Standard for Testing and Investigations, the WSF is free to determine the criteria it wi ll use to classify Athletes a s International -Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc. |
However, it must publish those criteria in clear and concise form, so that Athletes are able to asc ertain quickly and easily whe n they will become classified as International -Level Athletes. |
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Eve nts.] |
International Standard : A standard adopted by WADA in support of the Code. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.