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A Participant must confirm such agreement in writing upon request.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 13VERSION 2021 8.1.3 cooperate promptly, truthfully, completely and in good faith with any proceedings brought by the BIU against any Participant for violation of this Integrity Code, including providing a witness statement(s) in respect of information in the possession of the Participant and/or attending, for the purposes of pro-viding truthful oral evidence, any hearing convened before a Disciplinary Tribunal or the CAS or other hearing panel, upon the request of the BIU;8.1.4 not do anything (by act or omission) that has the object or effect of obstructing, preventing, delay-ing or otherwise interfering with or frustrating any such investigation or proceeding, including interfering with any potential witness and/or concealing, tampering with, or destroying any documentation or other information that may be relevant to the investigation or proceeding (whether or not such documentation or other information has yet been formally requested by the BIU);8.1.5 not make a report to the BIU in bad faith, with malicious intent, or for any other improper purpose; and8.1.6 not retaliate against or penalise or subject another party to any detriment on the ground or belief that that party has reported a concern or matter to the BIU and/or assisted the BIU in any manner in rela-tion to any investigation or proceedings brought under this Integrity Code.9.
Other requirements set out in the Constitution or in other RulesParticipants must comply with any requirements of the Constitution and of any Rules that apply to them.
With -out prejudice to any other rights or remedies that may arise under the Constitution or the Rules, a violation of any of those requirements by a Participant will constitute a violation of this Integrity Code by that Participant.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 14VERSION 2021 CHAPTER C PREVENTING THE MANIPULATION OF BIATHLON COMPETITIONS1.
Obligations to prevent the manipulation of Biathlon Competitions1.1 In order to maintain public confidence in the authenticity and integrity of Biathlon Competitions, Participants must not, whether for their own Benefit or for the Benefit of others (unless otherwise stated below):1.1.1 fix or contrive in any way or otherwise influence improperly the result, progress, outcome, conduct or any other aspect of any Biathlon Competition; 1.1.2 seek, accept, offer, or agree to accept or offer, any bribe or other Benefit to fix or contrive in any way or otherwise to influence improperly the result, progress, outcome, conduct or any other aspect of any Biathlon Competition (whether or not such bribe or other Benefit is in fact given or received); 1.1.3 (if an Athlete) fail to perform to the best of their abilities in a Biathlon Competition, for Benefit or the expectation of Benefit (whether or not such Benefit is in fact given or received) or further to an agreement with another party; 1.1.4 ensure the occurrence of a particular incident in a Biathlon Competition, which occurrence is to their knowledge the subject of a Bet and for which the Participant or another party expects to receive or has received any Benefit; 1.1.5 place, accept, lay or otherwise enter into any Bet, or participate directly or indirectly in any other form of Betting, in relation to the result, progress, outcome, conduct or any other aspect of a Biathlon Competition; 1.1.6 solicit, induce, entice, instruct, persuade, encourage, facilitate or authorise another party to place, lay or otherwise enter into any Bet, or to participate in any other form of Betting, in relation to the result, progress, outcome, conduct or any other aspect of a Biathlon Competition, in circumstances that risk un-dermining public confidence in the integrity of a Biathlon Competition or the sport of Biathlon; 1.1.7 use Inside Information for Betting purposes or otherwise in relation to Betting; 1.1.8 disclose Inside Information to any party where the Participant knew or should have known that it might be used for Betting purposes or otherwise in relation to Betting, or to exert improper influence over any aspect of a Biathlon Competition, or for any other improper purpose; 1.1.9 provide, offer, give, request or receive any gift or Benefit in circumstances that risk undermining public confidence in the integrity of a Biathlon Competition or the sport of Biathlon (whether or not such gift or Benefit is in fact given or received); or1.1.10 commit any other act that risks undermining public confidence in the integrity of a Biathlon Com-petition or the sport of Biathlon.
1.2 The following matters are not relevant to the determination of a violation of Article 1.1: 1.2.1 whether or not the Participant actually participated, or was assisting someone who participated, in the Biathlon Competition in question; 1.2.2 the nature or outcome of any Bet in issue; 1.2.3 the outcome of the Biathlon Competition on which any Bet was made; 1.2.4 whether or not the Participant’s efforts or performance (if any) in any Biathlon Competition were (or might reasonably be expected to have been) affected by the violation in question; and 1.2.5 whether or not the result or any other aspect of the Biathlon Competition in issue was (or might reasonably be expected to have been) affected by the violation in question.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 15VERSION 2021 2.
Definitions2.1 The following words and terms have the following meanings:2.1.1 Benefit means the direct or indirect receipt or provision of any bribe, payment, commission, gift, donation, kick-back, or other inducement or incentive (whether monetary or otherwise), including win-nings and or potential winnings as a result of a Bet (but excluding prize money and/or payments to be made under endorsement, sponsorship or other contracts).
2.1.2 Bet means a bet, wager, or other form of financial speculation, pursuant to which some amount or object is to change hands according to the occurrence or non-occurrence of some fact.
2.1.3 Betting means making, accepting, or laying a Bet, including fixed and running odds, totalisator/toto games, live betting, betting exchanges, spread betting, and other games offered by sports betting operators.
2.1.4 Inside Information means any information relating to any aspect of a Biathlon Competition that a Participant possesses by virtue of their position within or in relation to the sport of Biathlon, including fac-tual information regarding the competitors, the conditions, and tactical considerations.
Inside Information does not include any information that is already published or a matter of public record, or that is readily accessible by an interested member of the public, or that is disclosed in accordance with the rules of the relevant Biathlon Competition.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 16VERSION 2021 CHAPTER D IBU ANTI-DOPING RULES1.
Introduction1.1 Implementation of the 2021 World Anti-Doping Code: 1.1.1 The IBU is a Signatory to the World Anti-Doping Code and cooperates with WADA to apply and implement the World Anti-Doping Code in the sport of Biathlon.
1.1.2 These 2021 IBU Anti-Doping Rules have been adopted and will be implemented to comply with the IBU’s obligations as a Signatory to the World Anti-Doping Code, and to further the IBU’s continuing efforts to eradicate doping in the sport of Biathlon.
They are intended to implement the requirements of the 2021 version of the World Anti-Doping Code in the sport of Biathlon, and will be interpreted and applied in a manner that is consistent with the World Anti-Doping Code and the International Standards.
The World Anti-Doping Code and the International Standards (each as amended from time to time) are integral parts of these IBU Anti-Doping Rules and will prevail over these IBU Anti-Doping Rules in case of conflict.
These IBU Anti-Doping Rules must be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of any Signatory or government.
The comments annotating various provisions of these IBU Anti-Doping Rules, the World Anti-Doping Code, and the International Standards will be used as an aid to interpretation of these IBU Anti-Doping Rules.1.1.3 In the case of conflict between the provisions of these IBU Anti-Doping Rules and the provisions of any other part of this Integrity Code or of any other Rules, the provisions of these IBU Anti-Doping Rules will prevail.
1.1.4 Unless otherwise stated, defined words and terms in these IBU Anti-Doping Rules (denoted by ital-ics) bear the meaning given to them in Article 20.
If they are not defined in Article 20 or elsewhere in these IBU Anti-Doping Rules, they bear the meaning given to them in the IBU Constitution.
Unless otherwise specified, references to Articles are to Articles of these IBU Anti-Doping Rules.
1.1.5 The Biathlon Integrity Unit (BIU) is an operational unit of the IBU that has been established to help the IBU to (inter alia) comply with its obligations as a Signatory to the World Anti-Doping Code, includ-ing by exercising the powers of the IBU under these IBU Anti-Doping Rules.
The IBU has delegated the implementation of these IBU Anti-Doping Rules to the BIU, including test distribution planning, Testing, collection of whereabouts information, administration of TUEs, investigations, Results Management, and pursuit of alleged anti-doping rule violations, including first instance hearings and appeals.
As such, ref-erences in these IBU Anti-Doping Rules to the BIU will, where applicable, be references to the BIU acting on behalf of the IBU.
For the avoidance of doubt, while the BIU may act on the IBU’s behalf, the IBU will be considered as the party asserting anti-doping rule violations and for the purposes of any actions taken within the results management process, as the responding party in the appeals, and as the party in any other matter under these IBU Anti-Doping Rules where that role would appropriately fall to a Signatory under the World Anti-Doping Code.1.1.6 The BIU may delegate any aspect of Doping Control or Education to a Delegated Third Party.
How-ever, the BIU will require the Delegated Third Party to perform such aspects in compliance with the World Anti-Doping Code, International Standards, and these IBU Anti-Doping Rules, and remains responsible for such compliance.
Any relevant reference to the BIU in these IBU Anti-Doping Rules encompasses any such Delegated Third Party, where applicable and within the context of the aforementioned delegation.1.2 Scope of application:1.2.1 These IBU Anti-Doping Rules apply to: 1.2.1.1 the IBU, including its board members, directors, officers, and any IBU employees who are in-volved in any aspect of Doping Control on behalf of the IBU/BIU;INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 17VERSION 2021 1.2.1.2 the BIU, including its board and staff members;1.2.1.3 Delegated Third Parties (and their employees) who are involved in any aspect of Doping Control on behalf of the IBU/BIU;1.2.1.4 each of the IBU’s NF Members, including its board members, directors, officers, and any NF Member employees and Delegated Third Parties (and their employees) who are involved in any aspect of Doping Control on behalf of any NF Member; and1.2.1.5 the following Athletes, Athlete Support Personnel, and other Persons:(i) all Athletes and Athlete Support Personnel who are members of (or registered with) the IBU, any NF Member, or any member or affiliate organisation of any NF Member (including any clubs, teams, asso-ciations or leagues); (ii) all Athletes participating in such capacity in Events, Competitions and/or other activities organised, convened, authorised or recognised by the IBU or any NF Member or any member or affiliate organi-sation of any NF Member (including any clubs, teams, associations or leagues), wherever held, and all Athlete Support Personnel supporting such Athletes’ participation; and(iii) any other Athlete or Athlete Support Personnel or other Person who, whether by virtue of an accredita-tion, a licence or other contractual arrangement, or otherwise, is subject to the authority of the IBU, or of any NF Member, or of any member or affiliate organisation of any NF Member (including any clubs, teams, associations or leagues), for purposes of anti-doping; and (iv) Athletes who are not regular members of the IBU or of one of its NF Members, but who want to be eligible to compete in a particular International Event, and all Athlete Support Personnel supporting such Athletes’ participation in the relevant International Event(s).1.2.2 Each of the Persons covered by Article 1.2.1 is deemed, as a condition of their membership, accred-itation, participation and/or involvement in the sport, to have agreed to be bound by these IBU Anti-Dop-ing Rules, and to have submitted to the authority of the BIU to enforce these IBU Anti-Doping Rules on behalf of the IBU, including any Consequences for breach thereof, and to the jurisdiction of the hearing panels identified below to hear and determine cases and appeals brought under these IBU Anti-Doping Rules.
[Comment to Article 1.2.2: Where a Person other than an Athlete or Athlete Support Person is bound by these IBU Anti-Doping Rules, such Person will of course not be subject to Sample collection or Testing, and will not be charged with an anti-doping rule violation under these IBU Anti-Doping Rules for Use or Possession of a Prohibited Substance or Prohibited Method.
Rather, such Person would only be subject to discipline for a violation of Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association), and 2.11 (Retaliation).
Furthermore, such Person would be subject to the additional roles and responsibilities according to Article 1.3.3.
Also, the obligation to require an employee to be bound by IBU Anti-Doping Rules is subject to applicable law.
The IBU/BIU will ensure that any arrangements with board members, directors, officers, employees, and Delegated Third Parties and their employees – whether employment, contractual or otherwise – have ex -plicit provisions incorporated according to which such Persons are bound by, agree to comply with these IBU Anti-Doping Rules, and agree on the BIU’s authority to resolve the anti-doping cases.
]1.2.3 All Athletes who participate in an International Competition as defined in the IBU Constitution will be considered to be International-Level Athletes for purposes of these IBU Anti-Doping Rules, and therefore the specific provisions in these IBU Anti-Doping Rules that are applicable to International-Lev-el Athletes (as regards Testing, TUEs, whereabouts information, Results Management, and appeals) will apply to them.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 18VERSION 2021 [Comment to Article 1.2.3: As per the definition of ‘International Competition’ in the IBU Constitution, the Competitions covered by Article 1.2.3 include ‘(a) the Biathlon programme of the Olympic Winter Games; and (b) the Biathlon World Championships, Youth/Junior World Championships, IBU World Cup events, IBU Cup events, continental championships, continental cups, regional cups, and all other competitions (winter or summer) that are now or in the future organised by or on behalf of the IBU between Athletes or teams of Athletes representing different Countries’.
]1.2.4 Subject always to Article 5.6 and Article 7.7, each Athlete will continue to be bound by and required to comply with these IBU Anti-Doping Rules as an Athlete in full:1.2.4.1 (in the case of Athletes who are International-Level Athletes) unless and until they give written notice of their retirement to the IBU and BIU; or1.2.4.2 (in the case of Athletes who are not International-Level Athletes, excluding those covered by Article 1.2.1.5(iv)) unless and until they give written notice of their retirement to their National Federation and their NADO; or1.2.4.3 (in the case of Athletes who fall under Article 1.2.1.5(iv)) until after their last participation in an International Event.In each case, the Athlete will be deemed to have retired (and to be no longer subject to these IBU An-ti-Doping Rules as an Athlete) with effect from the date given in the written notice of retirement or the date the notice is received (whichever is later).
1.2.5 Subject always to Article 7.7, each Athlete Support Person and other Person who is not an Athlete will continue to be bound by and required to comply with these IBU Anti-Doping Rules in full unless and until they no longer carry out the activity (or are no longer bound by the arrangement) that brought them within Article 1.2.1 in the first place.
This includes Athletes who have retired as Athletes under Article 1.2.4 but who fall under Article 1.2.1 as Athlete Support Personnel or other Persons and therefore remain subject to these IBU Anti-Doping Rules as Athlete Support Personnel or other Persons.1.3 Responsibilities of Athletes, Athlete Support Personnel, other Persons, and NF Members1.3.1 Athletes must:1.3.1.1 be knowledgeable of and comply with these IBU Anti-Doping Rules at all times;1.3.1.2 know what constitutes an anti-doping rule violation and the substances and methods that have been included on the WADA Prohibited List;1.3.1.3 be available for Sample collection at all times;[Comment to Article 1.3.1.3: With due regard to an Athlete’s human rights and privacy, legitimate anti-dop-ing 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 during these hours so that it will be undetectable in the morning.
]1.3.1.4 take responsibility, in the context of anti-doping, for what they ingest and Use; 1.3.1.5 carry out research regarding any products or substances that they intend to Use (prior to such Use) to ensure that Using them will not constitute or result in an anti-doping rule violation.
Such research must, at a minimum, include a reasonable internet search of:(a) the name of the product or substance;(b) the ingredients/substances listed on the product or substance label; and(c) other related information revealed through research of points (a) and (b);INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 19VERSION 2021 1.3.1.6 inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods, and make sure that any medical treatment they receive does not violate these IBU Anti-Doping Rules;1.3.1.7 disclose to their National Anti-Doping Organisation and to the BIU any decision (whether by a Signatory or a non-Signatory) that they committed an anti-doping rule violation within the previous ten years; 1.3.1.8 cooperate fully with the BIU and any other Anti-Doping Organisations investigating possible an-ti-doping rule violations.
Failure by an Athlete to cooperate in full with the BIU and/or other Anti-Doping Organisations investigating anti-doping rule violations will constitute a violation of Article 8 of Chapter B of this Integrity Code; and1.3.1.9 disclose the identity of their Athlete Support Personnel upon request by the BIU, an NF Member, and/or any other Anti-Doping Organisation with authority over the Athlete.
1.3.2 Athlete Support Personnel must:1.3.2.1 be knowledgeable of and comply with these IBU Anti-Doping Rules at all times;1.3.2.2 cooperate with Testing;1.3.2.3 use their influence on Athlete values and behaviour to foster anti-doping attitudes;1.3.2.4 disclose to their National Anti-Doping Organisation and to the BIU any decision (whether by a Signatory or by a non-Signatory) finding that they committed an anti-doping rule violation within the previous ten years; 1.3.2.5 cooperate fully with the BIU and any other Anti-Doping Organisations investigating possible anti-doping rule violations.
Failure by any Athlete Support Person to cooperate in full with the BIU and/or other Anti-Doping Organisations investigating anti-doping rule violations will constitute a violation of Article 8 of Chapter B of this Integrity Code; and1.3.2.6 not Use or possess any Prohibited Substance or Prohibited Method without valid justification.
Use or Possession of a Prohibited Substance or Prohibited Method by an Athlete Support Person without valid justification will constitute a violation of Article 9 of Chapter B this Integrity Code.1.3.3 Other Persons subject to these IBU Anti-Doping Rules must: 1.3.3.1 be knowledgeable of and comply with these IBU Anti-Doping Rules at all times;1.3.3.2 disclose to the BIU (and, if applicable, their National Anti-Doping Organisation) any decision (whether by a Signatory or by a non-Signatory) finding that they committed an anti-doping rule violation within the previous ten years; and1.3.3.3 cooperate fully with the BIU and any other Anti-Doping Organisations investigating possible anti-doping rule violations.
Failure by any other Person to cooperate in full with the BIU and/or other Anti-Doping Organisations investigating anti-doping rule violations will constitute a violation of Article 8 of Chapter B of this Integrity Code.1.3.4 Offensive conduct by an Athlete, Athlete Support Person, or other Person towards a Doping Control official or other Person involved in Doping Control that does not otherwise constitute Tampering is a vio-lation of this Integrity Code and may be prosecuted as such under Article 9 of Chapter B of this Integrity Code.1.3.5 In relation to NF Members:1.3.5.1 NF Members and their members and affiliates must comply with these IBU Anti-Doping Rules, the World Anti-Doping Code, and the International Standards.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 20VERSION 2021 1.3.5.2 NF Members must include in their rules the provisions necessary to ensure that the BIU may enforce these IBU Anti-Doping Rules (including carrying out Testing) directly against Athletes coming under their anti-doping jurisdiction (including National-Level Athletes) and other Persons under their an-ti-doping jurisdiction.
1.3.5.3 NF Members must incorporate these IBU Anti-Doping Rules either directly or by reference into their rules so that they and/or their respective National Anti-Doping Organisations may enforce them against Athletes coming under their jurisdiction (including National-Level Athletes) and other Persons under their anti-doping jurisdiction.1.3.5.4 By adopting these IBU Anti-Doping Rules, and incorporating them into their rules, NF Members must cooperate with and support the IBU/BIU in that function.
They must also recognise, abide by, and implement the decisions made pursuant to these IBU Anti-Doping Rules, including the decisions impos-ing sanctions on Persons under their jurisdiction.1.3.5.5 All NF Members must take appropriate action to enforce compliance with these IBU Anti-Doping Rules, the World Anti-Doping Code, and the International Standards by (among other things):(a) conducting Testing only under the documented authority of the BIU/IBU 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; (b) recognising the authority of the National Anti-Doping Organisation in their country in accordance with Article 5.2.1 of the World Anti-Doping Code and assisting as appropriate with the National An-ti-Doping Organisation’s implementation of the national Testing program for their sport; (c) analysing all Samples collected using a WADA-accredited or WADA-approved laboratory in accord-ance with Article 6.1; and (d) ensuring that any anti-doping rule violation cases they discover are adjudicated by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management.1.3.5.6 NF Members must establish rules requiring all Athletes under their jurisdiction, including those preparing for and/or participating in a competition or activity authorised or organised by the NF Member or by one of its members or affiliates, and all Athlete Support Personnel associated with such Athletes, to agree as a condition of participation or involvement to be bound by these IBU Anti-Doping Rules and to submit to the Results Management authority of the BIU (or other Anti-Doping Organisation responsible under the World Anti-Doping Code).1.3.5.7 Subject to Article 5 of these IBU Anti-Doping Rules, as a general rule, the BIU will conduct Testing and carry out Results Management for International-Level Athletes and other Persons under its jurisdic-tion, whereas the NF Members and National Anti-Doping Organisations will carry out Testing and con-duct Results Management for National-Level Athletes and other Persons under their jurisdiction.
Testing conducted by the NF Member when delegated by the BIU and/or National Anti-Doping Organisation must be done in accordance with Article 1.3.5.5.
Where Testing by an NF Member results in an Adverse Analytical Finding, or other evidence of an anti-doping rule violation is uncovered by an NF Member (whether as a result of such Testing or otherwise), unless the BIU decides to exercise Results Management authority itself or the National Anti-Doping Organisation exercises Results Management, the BIU will del-egate Results Management in respect thereof to the NF Member.1.3.5.8 Subject to applicable law, as a condition of such position or involvement, each NF Member must require all of its board members, directors, and officers, and all of its employees and Delegated Third Parties (and their employees) who are involved in any aspect of Doping Control, to agree to be bound by these IBU Anti-Doping Rules as Persons.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 21VERSION 2021 1.3.5.9 Subject to applicable law, NF Members must not knowingly employ a Person in any position involving Doping Control (other than authorised anti-doping Education or rehabilitation programs) who has been Provisionally Suspended or is serving a period of Ineligibility under these IBU Anti-Doping Rules (or the World Anti-Doping Code) or, if a Person was not subject to the World Anti-Doping Code, who has directly and intentionally engaged in conduct within the previous six years that would have constituted a violation of anti-doping rules if World Anti-Doping Code-compliant rules had been applicable to such Person.
1.3.5.10 NF Members must report any information suggesting or relating to an anti-doping rule violation to the BIU and to their National Anti-Doping Organisations, and must cooperate with investigations con-ducted by the BIU and/or by any Anti-Doping Organisation with authority to conduct the investigation.
1.3.5.11 NF Members must 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 the IBU/BIU or the NF Member.1.3.5.12 NF Members must conduct anti-doping Education in coordination with the BIU and their Nation-al Anti-Doping Organisations and otherwise as required under these IBU Anti-Doping Rules.1.4 Effective Date:1.4.1 These 2021 IBU Anti-Doping Rules come into full force and effect on 1 January 2021 (the ADR Ef-fective Date), replacing the 2015 IBU Anti-Doping Rules that were in force prior to the ADR Effective Date.
1.4.2 These IBU Anti-Doping Rules do not apply retroactively to matters pending before the ADR Effec-tive Date, save that: 1.4.2.1 Anti-doping rule violations taking place prior to the ADR Effective Date count as ‘first violations’ or ‘second violations’ for purposes of determining the Consequences under Article 10.9 for anti-doping rule violations taking place after the ADR Effective Date.1.4.2.2 With respect to any anti-doping rule violation case that is pending as of the ADR Effective Date and any anti-doping rule violation case brought after the ADR Effective Date based on an anti-doping rule violation that occurred prior to the ADR Effective Date, the substantive aspects of the case will be governed by the anti-doping rules in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping rules set out in these IBU Anti-Doping Rules (unless the hearing panel determines that the principle of lex mitior appropriately applies under the circumstances of the case), while the procedural aspects of the case will be governed by these IBU Anti-Doping Rules.
For this purpose, 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 out in Article 16 are procedural rules, not substantive rules, and should be applied retroactively, along with all the other procedural rules in these IBU Anti-Doping Rules (provided however that Article 16 will only be applied retroactively if the statute of limitations period – whether the original one or as extended by subsequent rules – has not already expired by the ADR Effective Date).
1.4.2.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test) that took place prior to the ADR Effective Date may be relied upon as one of the requisite elements of an Article 2.4 anti-dop-ing rule violation under these IBU Anti-Doping Rules until 12 months after it took place.
1.4.2.4 With respect to cases where a final decision finding an anti-doping rule violation has been ren-dered prior to the ADR Effective Date, but the Athlete or other Person is still serving the period of Ineligi-bility as of the ADR Effective Date, the Athlete or other Person may apply to the BIU or other Anti-Doping Organisation that had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of these IBU Anti-Doping Rules.
Such application must be INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 22VERSION 2021 made before the period of Ineligibility has expired.
The decision rendered may be appealed pursuant to Article 13.2.
These IBU Anti-Doping Rules will have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.
1.4.2.5 For purposes of assessing 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 ADR Effective Date, the period of Ineligibility that would have been assessed for that first violation, had these IBU An-ti-Doping Rules been applicable at that time, will be applied.
[Comment to Article 1.4.2.5: Other than the situation described in Article 1.4.2.5, where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date and the period of Ineli-gibility imposed has been completely served, these IBU Anti-Doping Rules may not be used to re-charac-terise the prior violation.
]1.4.3 These IBU Anti-Doping Rules may be amended from time to time by the IBU Executive Board on the recommendation of the BIU, subject to the ultimate authority of Congress.
However, for the avoidance of doubt, amendments by WADA to the World Anti-Doping Code, the Prohibited List, and any International Standard will come into effect automatically in the manner set out in the World Anti-Doping Code, and such amendments will be binding upon all Athletes and other Persons without further formality.1.4.4 Changes to the Prohibited List and/or to Technical Documents relating to substances or methods on the Prohibited List will not be applied retroactively unless they specifically so provide.
However, where the effect of the change is to remove a Prohibited Substance or Prohibited Method from the Prohibited List, an Athlete or other Person who is serving a period of Ineligibility on account of that (former) Prohib-ited Substance or Prohibited Method may apply to the BIU or other Anti-Doping Organisation that had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of its removal from the Prohibited List.2.
Anti-doping rule violationsEach of the following constitutes a violation of these IBU Anti-Doping Rules:2.1 The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample.2.1.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters their body.
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples.
Accordingly, it is not necessary to demonstrate intent, Fault, negligence or knowing Use on the Athlete’s part in order to establish an Article 2.1 anti-doping rule violation.
[Comment to Article 2.1.1: An anti-doping rule violation is committed under this Article without regard to an Athlete’s Fault.
This rule has been referred to in various CAS decisions as ‘Strict Liability’.
An Athlete’s Fault is taken into consideration in determining the Consequences of this anti-doping rule violation under Article 10.
This principle has consistently been upheld by CAS.
]2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is established by any of the fol-lowing: (i) the presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analysed; (ii) where the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample; or (iii) where the Athlete’s A or B Sample is split into two parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 23VERSION 2021 [Comment to Article 2.1.2: The BIU or other Anti-Doping Organisation with Results Management respon-sibility may at its discretion choose to have the B Sample analysed even if the Athlete does not request the analysis of the B Sample.
]2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document, the presence of any reported quantity of a Prohibited Substance or its Metabo-lites or Markers in an Athlete’s Sample will constitute an anti-doping rule violation.2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List, International Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances.
2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method.2.2.1 It is the Athlete’s personal duty to ensure that no Prohibited Substance enters their body and that no Prohibited Method is Used.
Accordingly, it is not necessary to demonstrate intent, Fault, negligence or knowing Use on the Athlete’s part in order to establish an anti-doping rule violation for Use of a Prohibited Substance or a Prohibited Method.
2.2.2 Demonstrating the Attempted Use of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part.
[Comment to Article 2.2.2: The fact that intent may be required to prove Attempted Use does not un-dermine the strict liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method.2.2.3 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material.
It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed.
[Comment to Article 2.2.3: An Athlete’s Use of a Prohibited Substance constitutes an anti-doping rule vio-lation unless such Prohibited Substance is not prohibited Out-of-Competition and the Athlete’s Use takes place Out-of-Competition.
However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition will be a violation of Article 2.1, regardless of when that Prohibited Substance might have been Administered.
][Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means.
As noted in the Comment to Article 3.2, unlike the proof required to establish an anti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information that does not otherwise satisfy all the requirements to establish the presence of a Prohibited Substance under Article 2.1.
For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping Organisa-tion provides a satisfactory explanation for the lack of confirmation in the other Sample.
]2.3 An Athlete evading, or refusing or failing to submit to, Sample collection.Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justi-fication after notification by a duly authorised Person.
[Comment to Article 2.3: For example, it would be an anti-doping rule violation of ‘evading Sample col-lection’ if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing.
A violation of ‘failing to submit to Sample collection’ may be based on either inten-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 24VERSION 2021 tional or negligent conduct of the Athlete, while ‘evading’ or ‘refusing’ Sample collection contemplates intentional conduct by the Athlete.
]2.4 Whereabouts failures by an Athlete in a Registered Testing Pool.Any combination of three missed tests and/or filing failures, as defined in the International Standard for Results Management, within a 12-month period by an Athlete in a Registered Testing Pool.2.5 Tampering or Attempted Tampering with any part of Doping Control by an Athlete or other Person.2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Sup-port Person.
2.6.1 Possession by an Athlete In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by an Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition, unless the Athlete establishes that the Possession is consistent with a TUE granted in accordance with Article 4.3 or other acceptable justification.
2.6.2 Possession by Athlete Support Person In-Competition of any Prohibited Substance or any Prohibit-ed Method, or Possession by Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method that is prohibited Out-of-Competition, in connection with an Athlete, Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.3 or other acceptable justification.
[Comment to Articles 2.6.1 and 2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor carrying Prohibited Substances or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine auto-injector), or (b) an Athlete Possessing a Prohibited Substance or Pro-hibited Method for therapeutic reasons shortly prior to applying for and receiving a determination on a TUE.
Acceptable justification would not include, for example, buying or Possessing a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician’s prescription, e.g., buying insulin for a diabetic child.
]2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or other Person.2.8 Administration or Attempted Administration by an Athlete or other Person either to (1) any Athlete In-Competition of any Prohibited Method or Prohibited Substance, or (2) any Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition.2.9 Complicity or Attempted Complicity by an Athlete or other Person.Assisting, encouraging, aiding, abetting, conspiring, covering up, or any other type of intentional com-plicity or Attempted complicity involving an anti-doping rule violation, an Attempted anti-doping rule violation, or violation of Article 10.14.1 by another Person.
[Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.]
2.10 Prohibited association by an Athlete or other Person.2.10.1 Association by an Athlete or other Person subject to the authority of an Anti-Doping Organisation in a professional or sport-related capacity with any Athlete Support Person who:2.10.1.1 if subject to the authority of an Anti-Doping Organisation, is serving a period of Ineligibility; or2.10.1.2 if not subject to the authority of an Anti-Doping Organisation and where Ineligibility has not been addressed in a Results Management process pursuant to the World Anti-Doping Code, has been INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 25VERSION 2021 convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct that would have constituted a violation of anti-doping rules if rules compliant with the World Anti-Doping Code had been applicable to such Person.
The disqualifying status of such Person will be in force for the longer of (i) six years from the criminal, professional or disciplinary decision or (ii) the duration of the criminal, disciplinary or professional sanction imposed; or2.10.1.3 is serving as a front or intermediary for an individual described in Article 2.10.1.1 or 2.10.1.2.
2.10.2 To prove an Article 2.10 anti-doping violation, the BIU or other Anti-Doping Organisation must establish that the Athlete or other Person knew of the Athlete Support Person’s disqualifying status.
The burden will be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 and 2.10.1.2 is not in a professional or sport-related capacity and/or that such association could not have been reasonably avoided.
If the BIU (or other Anti-Doping Organisation) becomes aware of any Athlete Support Person who meets the criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3, it must submit that information to WADA.
[Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Support Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping.
This also prohibits association with any other Athlete who is acting as a coach or Athlete Support Person while serving a period of Ineligi-bility.
Some examples of the types of association that are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bodily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative.