Datasets:
timotheeplanes
/
doping

Dataset card Data Studio Files Community
1
text
stringlengths
1
17.8k
]5.2.3 WADA will have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the World Anti-Doping Code.5.2.4 If the BIU delegates or contracts any part of Testing to a National Anti-Doping Organisation directly or through an NF Member, that National Anti-Doping Organisation may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping Organisation’s expense.
If additional Samples are collected or additional types of analyses are performed, the BIU must be notified.5.3 Event Testing5.3.1 Except as otherwise provided below, only a single organisation will have authority to conduct Test-ing at Event Venues during an Event Period.
At International Events, the BIU (or other international or -ganisation that is the ruling body for the Event, if not the IBU) will have authority to conduct Testing.
At National Events, the National Anti-Doping Organisation of the country in which the Event is staged will have authority to conduct Testing.
At the request of the BIU on behalf of the IBU (or other international organisation that is the ruling body for an Event), any Testing during the Event Period outside of the Event Venues must be coordinated with the BIU on behalf of the IBU (or the relevant ruling body of the Event).5.3.2 If an Anti-Doping Organisation that would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event desires to conduct Testing of Athletes at the Event Venue(s) during the Event Period, the Anti-Doping Organisation must first confer with the BIU on behalf of the IBU (or other international organisation that is the ruling body of the Event) to obtain permission to conduct and coordinate such Testing.
If the Anti-Doping Organisation is not satisfied with the response from the BIU (or other international organisation that is the ruling body of the Event), in accordance with the pro-cedures described in the International Standard for Testing and Investigations the Anti-Doping Organisa-tion may ask WADA for permission to conduct Testing and to determine how to coordinate such Testing.
WADA will not grant approval for such Testing before consulting with and informing the BIU on behalf of the IBU (or other international organisation that is the ruling body for the Event).
WADA’s decision will be final and not subject to appeal.
Unless otherwise provided in the authorisation to conduct Testing, such tests will be considered Out-of-Competition tests.
Results Management for any such test will be the responsibility of the Anti-Doping Organisation initiating the test unless provided otherwise in the rules of the ruling body of the Event.5.4 Testing requirements5.4.1 The BIU will conduct test distribution planning and Testing as required by the International Stand-ard for Testing and Investigations.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 34VERSION 2021 5.4.2 Where reasonably feasible, Testing will be coordinated by the BIU and other Anti-Doping Organisa-tions through ADAMS in order to maximise the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.5.5 Athlete whereabouts requirements5.5.1 IBU Registered Testing PoolA minimum of 30 male and 30 female Athletes designated by the BIU will comprise the IBU Registered Testing Pool (IBU RTP).
Athletes in the IBU RTP are required to comply with the whereabouts requirements specified in the International Standard for Testing and Investigations, including: 5.5.1.1 advising the BIU of their whereabouts on a quarterly basis by 15 December, March, June, and September, respectively;5.5.1.2 updating that information as necessary, so that it remains accurate and complete at all times; and5.5.1.3 making themselves available for Testing at such whereabouts.5.5.2 For purposes of Article 2.4, failure by an Athlete in the IBU RTP to comply with the requirements of the International Standard for Testing and Investigations will be deemed a filing failure or a missed test where the conditions set out in Annex B of the International Standard for Results Management for declar -ing a filing failure or missed test are met.
5.5.3 The BIU will make available through ADAMS a list that identifies by name those Athletes included in the IBU RTP .
The BIU will review and update as necessary its criteria for including Athletes in the IBU RTP , and will revise the membership of the IBU RTP from time to time as appropriate in accordance with the set criteria.
In particular, Athletes may be added to the IBU RTP in the following circumstances:5.5.3.1 by virtue of their placing in the top 20 of any IBU World Cup ranking competition; 5.5.3.2 when they have a significant change in performance or haematological and/or steroidal profile;5.5.3.3 when they are serving a period of Ineligibility; 5.5.3.4 if they are transferring into Biathlon from other sports; and/or5.5.3.5 for any other valid reason.5.5.4 Athletes will be notified before they are included in the IBU RTP and when they are removed from that pool.
The notification will contain the information set out in the International Standard for Testing and Investigations.
5.5.5 An Athlete in the IBU RTP will continue to be subject to the obligation to comply with the wherea-bouts requirements set out in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to the IBU/BIU of their retirement; or (b) the BIU has informed the Athlete that they are no longer in the IBU RTP .5.5.6 The BIU will coordinate with National Anti-Doping Organisations to identify the Athletes in the IBU RTP and to collect their whereabouts information.
Where an Athlete is included in the IBU RTP and in a national registered testing pool by their National Anti-Doping Organisation, the National Anti-Doping Organisation and the BIU will agree which of them will accept that Athlete’s whereabouts filings.
In no case will an Athlete be required to make whereabouts filings to more than one of them.5.5.7 Whereabouts information relating to an Athlete will be shared (through ADAMS) with WADA and other Anti-Doping Organisations having authority to test that Athlete, will be maintained in strict confi-dence at all times, will be used exclusively for the purposes set out in Article 5.5 of the World Anti-Doping Code, and will be destroyed in accordance with the International Standard for the Protection of Privacy and Personal Information once it is no longer relevant for these purposes.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 35VERSION 2021 5.5.8 The BIU may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included in the IBU RTP .
If it chooses to do so, an Ath-lete’s failure to provide complete and accurate whereabouts information on or before the date required by the BIU may result in the BIU elevating the Athlete to the IBU RTP .
5.6 Retired Athletes returning to Competition5.6.1 Athletes in the IBU RTP who have given notice of retirement to the IBU/BIU may not resume com-peting in International Events or National Events until they have given the IBU/BIU and their National Anti-Doping Organisation written notice of their intent to resume competing and have made themselves available for Testing for a period of six months before returning to competition, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations.
WADA, in consultation with the BIU and the Athlete’s National Anti-Doping Organisation, may grant an exemption to the six-month written notice rule where the strict application of that rule would be unfair to an Athlete.
WADA’s decision to grant or not to grant such exemption may be appealed under Article 13.
Any competitive results obtained in violation of this Article 5.6.1 will be Disqualified, unless the Athlete can establish that they could not have reasonably known that they participated in an International Event or a National Event.5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility, the Athlete must notify the IBU/BIU (and, if the period of Ineligibility was not imposed under the IBU Anti-Doping Rules, the Anti-Doping Organisation that imposed the period of Ineligibility) in writing of such retirement.
The Ath-lete may not resume competing in International Events or National Events until the Athlete has given six months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six months) to the IBU/BIU and to the Athlete’s National Anti-Doping Organisation of their intent to resume competing and has made themselves available for Testing for that notice period, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations.
5.6.3 An Athlete who is not in the IBU RTP who has given notice of retirement to the IBU/BIU may not resume competing unless they notify the IBU/BIU and their National Anti-Doping Organisation at least six months before they wish to return to Competition and make themselves available for unannounced Out-of-Competition Testing, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations, during the period before actual re-turn to Competition.
5.7 Independent Observer ProgramThe IBU and the organising committees for International Events, as well as the NF Members and the or -ganising committees for National Events, will authorise and facilitate the Independent Observer Program at such events where so requested by WADA.5.8 Investigations and intelligence gathering The BIU will conduct investigations and gather intelligence as required by the International Standard for Testing and Investigations.6.
Analysis of SamplesSamples will be analysed in accordance with the following principles:6.1 Use of accredited/approved laboratories and other laboratories6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples will be analysed only in WADA-accredited laboratories or laboratories otherwise approved by WADA.
The INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 36VERSION 2021 choice of the WADA-accredited laboratory or WADA-approved laboratory used for the Sample analysis will be determined exclusively by the BIU.6.1.2 As provided in Article 3.2, facts related to anti-doping rule violations may be established by any reliable means.
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited or approved laboratories.6.1.3 Any Adverse Analytical Finding, Atypical Finding, or Adverse Passport Finding reported by the lab-oratory in respect of a Sample collected under these IBU Anti-Doping Rules will be dealt with in accord-ance with the International Standard for Laboratories, International Standard for Results Management, and Article 7.
[Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a laboratory accredited or otherwise approved by WADA.
Violations of other Articles may be estab-lished using analytical results from other laboratories so long as the results are reliable.
]6.2 Purpose of analysis of Samples and dataSamples and related analytical data or Doping Control information will be analysed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program described in Article 4.5 of the World Anti-Dop-ing Code, or to assist the BIU in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling or for any other legitimate anti-doping purposes.
[Comment to Article 6.2: For example, relevant Doping Control-related information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2 (Use of a Prohibited Substance), or both.
]6.3 Research on Samples and related data6.3.1 Samples, related analytical data, and Doping Control information may be used for anti-doping research purposes, although no Sample may be used for such purposes without the Athlete’s written consent.
Samples and related analytical data or Doping Control information used for research purposes must first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete.
Any research involving Samples and related analytical data or Doping Control information must adhere to the principles set out in Article 19 of the World Anti-Doping Code.6.3.2 Samples, related analytical data, and Doping Control information may also be used for non-re-search purposes, such as method development or to establish reference populations, provided that they are first processed in such a manner as to prevent them being traced back to the Athlete, having due regard to the principles set out in Article 19 of the World Anti-Doping Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.6.4 Standards for Sample analysis and reporting6.4.1 Laboratories will analyse Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations.6.4.2 Laboratories at their own initiative and expense may analyse Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by the BIU.
Results from any such analyses will be reported to the BIU and have the same validity and Consequences as any other analytical result.
[Comment to Article 6.4: The objective of this Article is to extend the principle of ‘intelligent Testing’ to the Sample analysis menu so as to most effectively and efficiently detect doping.
It is recognised that INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 37VERSION 2021 the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples that can be analysed.
]6.5 Further analysis of a Sample prior to or during Results Management There is no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time the BIU notifies an Athlete that the Sample is the basis of an Article 2.1 anti-doping rule violation charge.
If after such notification the BIU wishes to conduct additional analyses on that Sample, it may do so with the consent of the Athlete or else with the approval of the panel hearing the case against the Athlete.
6.6 Further analysis of a Sample after it has been reported as negative or has otherwise not result-ed in an anti-doping rule violation chargeAfter a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of the BIU (if it initiated and directed Sample collection), the Anti-Doping Organisation that initiated and directed Sample collection (if not the BIU) or WADA.
Any other Anti-Doping Organisation with authority to test the Athlete that wishes to conduct further analyses on a stored Sample may do so with the permission of the BIU (if it initiated and directed Sample collec-tion), the Anti-Doping Organisation that initiated and directed Sample collection (if not the BIU) or WADA, and will be responsible for any follow-up Results Management.
Any Sample storage or further analysis initiated by WADA, the BIU or another Anti-Doping Organisation will be at (respectively) WADA’s, the BIU’s or other organisation’s expense.
Further analysis of Samples must comply with the requirements of the International Standard for Laboratories.6.7 Split of A or B SampleWhere WADA, the BIU or other Anti-Doping Organisation with Results Management authority, and/or a WADA-accredited laboratory (with approval from WADA or the BIU or other Anti-Doping Organisation with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories must be followed.6.8 WADA’s right to take possession of Samples and data6.8.1 WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organisation.
Upon request by WADA, the laboratory or Anti-Doping Organisation in possession of the Sample or data will immediately grant access to and enable WADA to take physical possession of the Sample or data.
If WADA has not provided prior notice to the laboratory or Anti-Doping Organisation before taking possession of a Sample or data, it will provide such notice to the laboratory and each An-ti-Doping Organisation whose Samples or data have been taken by WADA within a reasonable time after taking possession.
6.8.2 After analysis and any investigation of a seized Sample or data, WADA may direct another An-ti-Doping Organisation with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.
[Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples may con-stitute Tampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by Signatories, and may also constitute a violation of the International Standard for Laboratories.
Where necessary, the laboratory and/or the Anti-Doping Organisation must assist WADA in ensuring that the seized Sample and related data are not delayed in exiting the applicable country.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 38VERSION 2021 WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non-compliance by a Signatory or doping activities by another Person.
However, the decision as to whether good cause exists is for WADA to make in its discretion and is not subject to challenge.
In particular, whether there is good cause or not shall not be a defence against an anti-doping rule violation or its Consequences.]
7.
Results Management: responsibility, initial review, notice, and Provisional Suspensions7.1 Results Management rules and responsibility 7.1.1 These IBU Anti-Doping Rules incorporate the International Standard for Results Management, as amended from time to time.
The International Standard for Results Management is therefore binding on all Athletes and other Persons in the same way these IBU Anti-Doping Rules are binding on them.
7.1.2 The circumstances in which the BIU will take responsibility for conducting results management in re-spect of anti-doping rule violations involving Athletes and other Persons will be determined by reference to and in accordance with Article 7 of the World Anti-Doping Code.7.1.3 Where an NF Member is delegated responsibility for Results Management, it must ensure that such Results Management is conducted in accordance with 7.1.3 Articles 1.3.5.5 and 1.3.5.7 and the Interna-tional Standard for Results 7.1.3 Management.
The results of all Testing must be reported to the BIU and to WADA within 14 days of the conclusion of the NF Member’s process.
Any apparent anti-doping rule violation by an Athlete who is affiliated to that NF Member must be promptly referred to an appropriate hearing panel established pursuant to the rules of the NF Member and in accordance with Article 20.3.2 of the World Anti-Doping Code.
7.2 Review and notification regarding potential anti-doping rule violations7.2.1 The BIU will carry out the review and notification of any potential anti-doping rule violation in ac-cordance with the International Standard for Results Management.
7.2.2 Before giving an Athlete or other Person notice of a potential anti-doping rule violation, the BIU will refer to ADAMS and contact WADA and other relevant Anti-Doping Organisations to determine whether any prior anti-doping rule violation exists.7.3 Provisional Suspensions 7.3.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport FindingIf the BIU receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method, it will impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2.
7.3.2 Optional Provisional Suspension The BIU may impose a Provisional Suspension on an Athlete or other Person for any asserted anti-doping rule violations not covered by Article 7.3.1 at any time prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8.
[Comment to Articles 7.3.1 and 7.3.2: Before a Provisional Suspension may be unilaterally imposed by the BIU, the internal review specified in these IBU Anti-Doping Rules and the International Standard for Results Management must first be completed.
]7.3.3 Opportunity for hearing or appeal, and lifting of a Provisional Suspension7.3.3.1 Where a Provisional Suspension is imposed, whether pursuant to Article 7.3.1 or Article 7.3.2, in addition to having a right of appeal against the Provisional Suspension in accordance with Article 13.2 (but subject to Article 7.3.3.2(a)), the Athlete or other Person will be given either: INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 39VERSION 2021 (a) an opportunity for a Provisional Hearing either before or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited final hearing in accordance with Article 8 on a timely basis after im-position of a Provisional Suspension.
7.3.3.2 The Provisional Suspension may be lifted if the Athlete or other Person demonstrates to the satis-faction of the hearing panel that: (a) the violation asserted is likely to have involved a Contaminated Product.
A hearing panel’s decision not to lift a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contami-nated Product will not be appealable; (b) the violation asserted involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1; (c) the assertion of an anti-doping rule violation has no reasonable prospect of being upheld, e.g., be-cause of a patent flaw in the case against the Athlete or other Person; (d) any period of Ineligibility that might otherwise be imposed for the violation(s) asserted is likely to be completely eliminated by application of Article 10.5 (No Fault or Negligence); and/or(e) other facts exist that make it clearly unfair, in all of the circumstances, for the Athlete or other Person to be subject to a Provisional Suspension prior to the final first instance decision on the merits (this ground is to be construed narrowly, and applied only in truly exceptional circumstances, e.g., the fact that the Provisional Suspension would prevent the Athlete or other Person participating in a particular Competition or Event will not qualify as exceptional circumstances for these purposes).7.3.3.3 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and subsequent B Sample analysis (if requested by the Athlete or the BIU) does not confirm the A Sample analysis, then the Provisional Suspension will be lifted with immediate effect.
In circumstances where the Athlete (or the Athlete’s team) has been removed from a Competition based on a violation of Article 2.1 and subsequent B Sample analysis does not confirm the A Sample finding, then if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Event, the Athlete or team may continue to take part in the Event.7.3.4 Voluntary acceptance of Provisional Suspension7.3.4.1 An Athlete may voluntarily accept a Provisional Suspension, provided that they do so no later than the latest of the following dates: (i) ten days after waiver of the B Sample analysis or receipt of the results of the analysis of the B Sample (as applicable); (ii) ten days after receipt of an initial notice of a potential anti-doping rule violation other than under Article 2.1; or (iii) the date on which the Athlete would other -wise have first competed after such report or notice.
7.3.4.2 Other Persons may voluntarily accept a Provisional Suspension within ten days from receipt of the initial notice of a potential anti-doping rule violation.
7.3.4.3 A Provisional Suspension that is voluntarily accepted by the applicable deadline will have full ef-fect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.3.1 or 7.3.2.7.3.4.4 The Athlete or other Person may withdraw their acceptance of a voluntary Provisional Suspension at any time, but in that event they will not receive any credit for the Provisional Suspension served.7.3.5 During any period of Provisional Suspension (whether imposed or voluntarily accepted), the Ath-lete or other Person may not participate in any capacity (or, in the case of an Athlete Support Person or other Person, assist an Athlete who is participating in any capacity) in a Competition or activity (other than INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 40VERSION 2021 authorised anti-doping Education or rehabilitation programs) authorised or organised by any Signato-ry, Signatory’s member organisation, or a club or other member organisation of a Signatory’s member organisation, or in Competitions authorised or organised by any professional league or any internation-al-level or national-level Event organisation or any elite or national-level sporting activity funded by a governmental agency.
7.4 ChargeWhere after receipt of the Athlete’s or other Person’s response to the BIU’s initial notice of a potential anti-doping rule violation, or expiry of the deadline to receive such response, and after conducting such further investigation as it sees fit (if any), the BIU considers that the Athlete or other Person has committed one or more anti-doping rule violations, the BIU will promptly charge the Athlete or other Person with the relevant anti-doping rule violation(s) in accordance with the International Standard for Results Manage-ment Article 7.1 and Article 5 of Chapter E of this Integrity Code.
7.5 Results Management decisionsResults Management decisions or adjudications under these IBU Anti-Doping Rules (including Provisional Suspensions) must not purport to be limited to a particular geographic area or to Biathlon and will ad-dress and determine without limitation the following issues: (i) whether an anti-doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti-doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals, titles, points, prize money, or prizes, any period of Ineligibility (and the date it begins to run), and any Financial Consequences.
[Comment to Article 7.5: Results Management decisions include Provisional Suspensions.
Each decision by the BIU should address whether an anti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event).
Pursuant to Article 15, such decision and its imposition of Consequences will have automatic effect in every sport in every country.
For example, for a determination that an Athlete committed an anti-doping rule violation based on an Adverse Analytical Finding for a Sam-ple taken In-Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organisation’s respon-sibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1.
]7.6 Notification of Results Management decisionsThe BIU will notify Athletes, other Persons, Signatories and WADA of Results Management decisions as provided in Article 14 and in the International Standard for Results Management.7.7 Retirement from sportIf an Athlete or other Person retires while the BIU’s Results Management process is underway, the BIU retains authority to complete its Results Management process.
If an Athlete or other Person retires before any Results Management process has begun, and the BIU would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, the BIU has authority to conduct Results Management.
[Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authority of any Anti-Doping Organisation would not constitute an anti-doping rule vio-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 41VERSION 2021 lation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organisation.]8.
Results Management: hearing and notice of hearing decision8.1 Fair hearing8.1.1 Fair, impartial and Operationally Independent hearing panelThe BIU has delegated its Article 8 responsibilities for first instance hearings and decisions to the CAS Anti-Doping Division.
The procedural rules of the CAS Anti-Doping Division pertaining to first instance hearings shall apply.
The CAS Anti-Doping Division must ensure that the Athlete or other Person is pro-vided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel, in compliance with the World Anti-Doping Code and the International Standard for Results Management.8.1.2 Hearing process8.1.2.1 When the BIU charges an Athlete or other Person with an anti-doping rule violation, and the Ath-lete or other Person does not waive a hearing and agree with the Consequences proposed by the BIU, the BIU will refer the case to the CAS Anti-Doping Division, which will appoint one or more CAS arbitra-tors to sit as the Disciplinary Tribunal that will hear and determine the case in accordance with these IBU Anti-Doping Rules, the International Standard for Results Management, the CAS Code of Sports-related Arbitration, and the Arbitration Rules for the CAS Anti-Doping Division.8.1.2.2 Each of WADA, the National Anti-Doping Organisation of the Athlete or other Person, and the NF Member of the Athlete or other Person may send a representative to attend the hearing as an observer.
In any event, the BIU will keep WADA fully apprised as to the status of pending cases and the result of all hearings.8.2 Notice of decisions8.2.1 At the end of the hearing, or on a timely basis thereafter, the CAS panel will issue a written decision that complies with Article 9 of the International Standard for Results Management and that includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Arti-cle 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.
8.2.2 The BIU will notify that decision to the Athlete or other Person concerned and to other Anti-Doping Organisations with a right to appeal under Article 13, and will promptly report it in ADAMS.
The decision may be appealed as provided in Article 13.
8.3 Waiver of hearing8.3.1 An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by the BIU.8.3.2 If the Athlete or other Person against whom an anti-doping rule violation is asserted fails to dispute that assertion by the deadline specified in the notice sent by the BIU asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation, and to have accepted the proposed Consequences.8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the CAS Anti-Doping Division will not be required.
Instead the BIU will promptly issue a written decision that complies with Article 9 of the Inter -national Standard for Results Management and that includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.8.3.4 The BIU will notify that decision to the Athlete or other Person concerned and to other Anti-Doping INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 42VERSION 2021 Organisations with a right to appeal under Article 13.2.3, and will promptly report it in ADAMS.
The BIU will Publicly Disclose that decision in accordance with Article 14.3.2.8.4 Single hearing before CASAnti-doping rule violations asserted against International-Level Athletes, National-Level Athletes or other Persons may, with the consent of the Athlete or other Person concerned, the BIU (where it has Results Management responsibility in accordance with Article 7), and WADA, be heard in a single hearing (i.e., without any appeal from the resulting decision) by the CAS Anti-Doping Division.
[Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case de novo before the CAS can be very substantial.
Where all of the parties identified in this Article are satisfied that their interests will be adequately pro-tected in a single hearing, there is no need for the Athlete or Anti-Doping Organisations to incur the extra expense of two hearings.
An Anti-Doping Organisation may participate in the CAS hearing as an observ-er.
Nothing set out in Article 8.4 precludes the Athlete or other Person and the BIU (where it has Results Management responsibility) agreeing to waive their respective rights to appeal.
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the World Anti-Doping Code.]9.
Automatic Disqualification of individual resultsAn anti-doping rule violation in connection with In-Competition test automatically leads to Disqualifica-tion of the result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, titles, points, prize money, and prizes.
10.
Further sanctions on individuals10.1 Disqualification of results in the Event during or in connection with which an anti-doping rule violation occurs10.1.1 An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the BIU (or other international organisation that is the ruling body of the Event, if not the IBU), lead to Disqualification of all of the Athlete’s individual results obtained in that Event with all Conse-quences, including forfeiture of all medals, titles, points, prize money, and prizes, except as provided in Article 10.1.2.
Factors to be included in considering whether to Disqualify other results in the Event might include, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other competitions.
[Comment to Article 10.1.1: Whereas Article 9 disqualifies the result in a single Competition in which the Athlete tested positive, this Article may lead to Disqualification of all results in all Competitions during the Event.
]10.1.2 If the Athlete establishes that they bear No Fault or Negligence for the violation, the Athlete’s individual results in the other Competition will not be Disqualified unless the Athlete’s results in the Com-petition other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete’s anti-doping rule violation.10.2 Ineligibility for presence, Use or Attempted Use, or Possession of a Prohibited Substance or Prohibited MethodThe period of Ineligibility for a violation of Article 2.1, Article 2.2 or Article 2.6 will be as follows, subject to potential elimination, reduction or suspension pursuant to Articles 10.5, 10.6 and/or 10.7:10.2.1 Save where Article 10.2.4 applies, the period of Ineligibility will be four years where:INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 43VERSION 2021 10.2.1.1 The anti-doping rule violation does not involve a Specified Substance or a Specified Method, unless the Athlete or other Person can establish that the anti-doping rule violation was not intentional.
[Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti-doping rule violation was not intentional without showing how the Prohibited Substance en-tered their system, it is highly unlikely that in a doping case under Article 2.1 an Athlete will be successful in proving that the Athlete acted unintentionally without establishing the source of the Prohibited Substance.]
10.2.1.2 The anti-doping rule violation involves a Specified Substance or a Specified Method and the BIU can establish that the anti-doping rule violation was intentional.