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[Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and may not be used in any way as to draw an adverse inference against the Athlete.
]10.13.2.3 No credit against a period of Ineligibility will be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension, regardless of whether the Athlete elected not to compete or was suspended by a team.10.14 Status during Ineligibility or Provisional Suspension10.14.1 Prohibition against participation during Ineligibility or Provisional Suspension:10.14.1.1 No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension, participate in any capacity in a Competition or activity (other than authorised anti-doping Education or rehabilitation programs) authorised or organised by any Signatory, 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 international or national level event organisation or any elite or national-level sporting activity funded by a governmental agency.
[Comment to Article 10.14.1.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organised by their NF Member or a club that is a mem-ber of that NF Member or that is funded by a governmental agency.
Further, an Ineligible Athlete may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc.
), Events organised by a non-Signatory International Event organisation or a non-Signatory national-level Event organisation without triggering the Consequences set forth in Article 10.14.3.
The term ‘activity’ also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organisation described in this Article.
Ineligibility imposed in one sport must also be recognised by other sports (see Article 15.1, Automatic Binding Effect of Decisions).
An Athlete or other Person serving a period of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete.
Any performance standard accomplished during a period of Ineligibility shall not be recognised by the BIU or its NF Members for any purpose.
]10.14.1.2 An Athlete or other Person subject to a period of Ineligibility longer than four years may, after serving four years of the period of Ineligibility, participate as an Athlete in local sport events not sanc-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 53VERSION 2021 tioned or otherwise under authority of a Code Signatory or member of a Code Signatory, but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event, and does not involve the Athlete or other Person working in any capacity with Protected Persons.
10.14.1.3 While serving a period of Ineligibility or Provisional Suspension, an Athlete or other Person will remain subject to Testing and any requirement by the BIU to provide whereabouts information.10.14.2 Return to trainingAs an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member organisation of an NF Member or other Signatory’s member organisation during the shorter of (i) the last two months, and (ii) the last quarter of the period of Ineligibility imposed.
[Comment to Article 10.14.2: During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training.
]10.14.3 Violation of the prohibition of participation during Ineligibility or Provisional SuspensionWhere an Athlete or other Person who has been declared Ineligible violates the prohibition against par -ticipation during Ineligibility described in Article 10.14.1, the results of such participation will be Disqual-ified and a new period of Ineligibility equal in length to the original period of Ineligibility will be added to the end of the original period of Ineligibility.
The new period of Ineligibility, including a reprimand and no period of Ineligibility, may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case.
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, will be made by the BIU or a hearing panel further to a charge brought by the BIU (or the Anti-Doping Organisation whose Results Management led to the imposition of the initial period of Ineligibility, if not the BIU).
This decision may be appealed under Article 13.
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspen-sion described in Article 10.14.1 will receive no credit for any period of Provisional Suspension served and the results of such participation will be Disqualified, with all resulting consequences, including forfei-ture of all medals, titles, points, prize money, and prizes.
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or Provisional Suspension, the BIU will pursue the matter as a potential Article 2.9 anti-doping rule violation.10.14.4 Withholding of financial support during IneligibilityIn addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by the IBU and its NF Members.10.15 Automatic publication of sanctionA mandatory part of each sanction will include automatic publication, as provided in Article 14.3.11.
Consequences to teams11.1 Testing of teamsWhere one member of a relay team has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the BIU (or other international organisation that is the ruling body for the Event, if not the IBU) will conduct appropriate Target Testing of the team during the Event Period.11.2 Consequences for teamsINTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 54VERSION 2021 11.2.1 If a member of a relay team is found to have committed an anti-doping rule violation during or in connection with a Competition, the relay team will be Disqualified from that Competition with all Consequences, including forfeiture of all medals, titles, points, prize money, and prizes, in addition to any Consequences imposed upon the individual Athlete(s) committing the anti-doping rule violation(s).
11.2.2 In addition to Article 11.2.1, if a member of a team is found to have committed an anti-doping rule violation during or in connection with an Event, the results obtained by any teams in which that mem-ber took part during the Event will be Disqualified, with all Consequences for such team(s) and its/their members, including forfeiture of all medals, titles, points, prize money, and prizes, unless (i) Article 10.1.2 is satisfied, or (ii) the relevant team results were not tainted by the Athlete’s anti-doping rule violation (for example, if the Athlete establishes that they ingested a Prohibited Substance after the first relay team Competition, but before the next relay team Competition, then the first relay team Competition results would not be Disqualified).
12.
Sanctions against NF Members and other sporting bodies 12.1 Where the BIU becomes aware that any NF Member or other sporting body over which it has au-thority has failed to comply with, implement, uphold, and/or enforce these IBU Anti-Doping Rules within that organisation’s or body’s area of competence, the BIU has the authority to (and may) take the following additional actions:12.1.1 exclude all, or some group of, members of that organisation or body from specified future Events or all Events conducted within a specified period of time;12.1.2 suspend or withdraw IBU recognition of such organisation or body;12.1.3 declare the members of such organisation or body ineligible to participate in IBU activities for a specified period of time; 12.1.4 impose a fine;12.1.5 withhold some or all funding or other financial and non-financial support to that organisation or body; and/or12.1.6 oblige that organisation or body to reimburse the BIU for all costs incurred in pursuing the matter.
12.2 Without limiting the generality of Article 12.1, in relation to NF Members specifically: 12.2.1 An NF Member must reimburse the IBU/BIU for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to an anti-doping rule violation committed by an Athlete or oth-er Person affiliated with that NF Member that the BIU does not recover from the Athlete or other Person pursuant to Article 10.10.12.2.2 In the event that an NF Member fails to make diligent efforts to keep the BIU informed about the whereabouts of one or more Athletes affiliated to that NF Member for a particular period after receiving a request for that information from the BIU, the BIU may fine the NF Member an amount up to 1,000 euros per Athlete.
The NF Member will also be required to pay all of the costs incurred by the BIU in Testing that NF Member’s Athletes in that period.12.2.3 If three or more International-Level Athletes affiliated to the same NF Member commit intentional anti-doping rule violations within any rolling four-year period (excluding any violations that are uncovered by Testing conducted by the National Anti-Doping Organisation on its own behalf of that Athlete’s Coun-try, unless the Athlete is in the IBU RTP): 12.2.3.1 Subject to paragraphs (d) and (e) below, the IBU will reduce the applicable start quota (including wild cards) of that NF Member by the number of such offending Athletes, as follows:(a) One start quota will be removed for each offending Athlete for a period of 12 months, starting from INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 55VERSION 2021 the date of the final decision (i.e., following the expiry or exhaustion of any appeal rights) finding that the Athlete committed an intentional anti-doping rule violation, or else starting from such other date as the BIU deems appropriate in order for the reduction to be effective.
(b) In each case, the start quota removed will match the gender of the offending Athlete, and will apply to the highest competition series (World Championships/Olympic Winter Games – World Cup series and Summer Biathlon World Championships; IBU Cup – Open European Championships – Summer Biathlon World Championships series; Junior Cup – Junior Open European Championships – Youth/Junior World Championships/Youth Olympic Games series and Summer Biathlon World Champi-onships) for which that Athlete was registered in the season closest to when the violation occurred.
(c) The start quotas will be removed in the same order as the relevant anti-doping rule violations oc-curred.
Once this Article has been applied once, if further violations during the same rolling four-year period are discovered later, then the corresponding reduction in start quotas will be applied in order of discovery.
[Comment to Article 12.2.3.1(c): For example, if it is determined in June 2023 that three International-Level Athletes affiliated to the same NF Member committed intentional anti-doping rule violations in the period 2019 to 2022, and then it is discovered in June 2026 (whether as result of re-analysis of stored Samples, or receipt of new intelligence, or otherwise) that another International-Level Athlete affiliated to that NF Member committed an intentional anti-doping rule violation in the period 2019 to 2022, this Article 12.3.1 will be applied in June 2023 to reduce the NF Member’s start quotas as of that date by three (subject to Article 12.2.3.1(d)) and it will be applied again in June 2026 to reduce the NF Member’s start quota as of that date by one (again, subject to Article 12.2.3.1(d)).
](d) Where the NF Member only has one start quota for a particular competition series (whether as a result of one or more reductions pursuant to this Article or otherwise), then provided the NF Member can establish in respect of at least one of the intentional anti-doping rule violations that it did not know or suspect and could not reasonably have known or suspected even with the exercise of utmost caution that the violation was being committed, that one start quota will not be removed.
Instead the (remain-ing) reduction(s) (or further reduction(s)) will apply to reduce start quotas in the subsequent twelve month period(s).
(e) The start quota reductions do not apply to relay competitions.12.2.3.2 In addition, depending on its view of the culpability of the NF Member in question, the BIU may fine that NF Member up to €200,000 and/or ban officials from that NF Member from participation in any International Competitions or other IBU activities for a period of up to four years.
For the avoidance of doubt, this clause does not apply to Executive Board members, who hold such office in their personal capacity and not as representatives of any NF Member.12.2.4 If six or more Athletes and/or other Persons affiliated with the same NF Member commit inten-tional anti-doping rule violations within any rolling four-year period (excluding any violations that are uncovered by Testing conducted by the National Anti-Doping Organisation of that Athlete’s Country on its own behalf, unless the Athlete is in the IBU RTP), that NF Member’s membership of the IBU will be suspended for a period of between two and four years, depending on the BIU’s view of the culpability of that NF Member.
12.2.5 On the recommendation of the BIU, the IBU may withhold some or all funding and/or other sup-port to NF Members that do not comply with their obligations under these IBU Anti-Doping Rules.
12.3 When the BIU sends notice that it is applying this Article 12 to an NF Member or other sporting body over which it has authority, if the NF Member or other body disputes its liability under this Article INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 56VERSION 2021 and/or challenges the consequences imposed on it under this Article within any deadline specified in that notice, the BIU will refer the case to the CAS, which will appoint one or more CAS arbitrators to sit as the Disciplinary Tribunal that will hear and determine the case in accordance with these IBU Anti-Doping Rules and the CAS Code of Sports-related Arbitration.
In such proceedings, it will be the NF Member’s or other body’s burden to prove that it is not liable under this Article or that the consequences imposed on it under this Article are unlawful.12.4 This Article does not limit or prejudice in any way any right arising under the Constitution or this Integrity Code or other Rules to sanction an NF Member or other sporting body for breach of the obliga-tions that it owes to the IBU.
13.
Results Management: appeals 13.1 Decisions subject to appeal Decisions made under these IBU Anti-Doping Rules may be appealed as set out in Articles 13.2 through 13.7 or as otherwise provided in these IBU Anti-Doping Rules, the World Anti-Doping Code, or the In-ternational Standards.
Such decisions will remain in effect while under appeal unless the appellate body orders otherwise.
13.1.1 Scope of review not limitedThe scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker.
Any party to the appeal may submit evidence, legal arguments, and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.
[Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the previous edition of these IBU Anti-Doping Rules, but rather for clarification.
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.]
13.1.2 CAS will not defer to the findings being appealedIn making its decision, CAS will not give deference to the discretion exercised by the body whose deci-sion is being appealed.
[Comment to Article 13.1.2: CAS proceedings are de novo.
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.
]13.1.3 WADA not required to exhaust internal remediesWhere WADA has a right to appeal under this Article 13 and no other party has appealed a final decision within the IBU/BIU process, WADA may appeal such decision directly to CAS without having to exhaust any other remedies within the IBU/BIU process.
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of the IBU’s/BIU’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the IBU’s/BIU’s process, then WADA may bypass the remaining steps in the Anti-Doping Organisation’s inter -nal process and appeal directly to CAS.]
13.2 Appeals against decisions regarding anti-doping rule violations, Consequences, Provisional Suspensions, implementation of decisions, and authority The following decisions may be appealed exclusively as provided in Articles 13.2 to 13.7: a decision that an anti-doping rule violation was committed; a decision imposing Consequences or not imposing INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 57VERSION 2021 Consequences for an anti-doping rule violation; a decision that no anti-doping rule violation was commit-ted; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six-months’ notice requirement for a retired Athlete to return to competition under Article 5.6.1; a decision by WADA assigning Results Management under Article 7.1 of the World Anti-Doping Code; a decision by the BIU not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation; a decision not to go forward with an anti-doping rule violation after an investigation in accordance with the International Standard for Results Management; a decision to impose (or lift) a Provisional Suspension as a result of a provisional hearing; the BIU’s failure to comply with Article 7.3; a decision that the IBU/BIU lacks authority to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend (or not suspend) Consequences or to reinstate (or not reinstate) Consequences under Article 10.7.1; failure to comply with Articles 7.1.4 and 7.1.5 of the World Anti-Doping Code; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by the IBU/BIU not to implement another Anti-Doping Organisation’s decision under Article 15; and a decision under Article 27.3 of the World Anti-Doping Code.13.2.1 Appeals involving International-Level Athletes or International Events In cases arising from participation in an International Event or in cases involving International-Level Ath-letes, the decision may be appealed exclusively to CAS.
[Comment to Article 13.2.1: CAS decisions are final and binding, except for any review required by law applicable to the annulment or enforcement of arbitral awards.
]13.2.2 Appeals involving other Athletes or other PersonsIn cases where Article 13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordance with rules adopted by the National Anti-Doping Organisation having authority over the Ath-lete or other Person.
The rules for such appeal must respect the following principles: a timely hearing; a fair, impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the person’s own expense; and a timely, written, reasoned decision.
If no such body is in place and available at the time of the appeal, the decision may be appealed to the CAS An-ti-Doping Division, which will appoint one or more CAS arbitrators to sit as the Disciplinary Tribunal that will hear and determine the case in accordance with the World Anti-Doping Code-compliant anti-doping rules of the National Anti-Doping Organisation, the CAS Code of Sports-related Arbitration, and the Arbi-tration Rules for the CAS Anti-Doping Division.
13.2.3 Persons entitled to appeal13.2.3.1 In cases under Article 13.2.1, the following parties will have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the BIU on behalf of the IBU;(d) the National Anti-Doping Organisation of the person’s country of residence or countries where the person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 58VERSION 202113.2.3.2 In cases under Article 13.2.2, the parties having the right to appeal will be as provided in the National Anti-Doping Organisation’s rules but, at a minimum, will include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the BIU on behalf of the IBU; (d) the National Anti-Doping Organisation of the person’s country of residence or countries where thePerson is a national or licence holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, wherethe decision may have an effect in relation to the Olympic Games or Paralympic Games, includingdecisions affecting eligibility for the Olympic Games or Paralympic Games; and (f)WADA.Further, for cases under Art icle 13.2.2, WADA, the International Oly mpic Committe e, the International Paralympic Committee and th e BIU will a lso have the r ight to appea l to the CAS Appeals D ivision with respect to the d ecision of the national-level appeal body (or CAS Anti-Doping Division, as appl icable).
Any party filing an appeal will be en titled to assista nce from CAS to obtain all rele vant information from the Anti-Doping Organisation wh ose decision is being appealed a nd the inform ation will be provi ded if CAS so directs.13.2.3.3 Duty t o notifyAll parties to a ny CAS appeal mu st ensure tha t WADA and all other parti es with a right to appeal have been given timel y notice of the appeal.
13.2.3.4 Appeal from imposition of P rovisional Sus pensionNotwithstanding any other prov ision herein, th e only person wh o may appeal from the impositio n of a Provisional Susp ension is the Athlete or ot her Person upo n whom the Prov isional Suspens ion is impose d.13.2.3.5 Appeal against decisions pursuant to Article 12 Decisions rendered pursuant to Arti cle 12 may be appealed exclusivel y to the CAS Appeals Arbitration Division by the N F Member or other b ody, or (where the Disciplinary Tribunal has made the decision) by the BIU in accordance with Article 32.2 of the Constituti on.13.2.4 Cross-ap peals and other subsequent app eals allowedCross-appeals and other subseque nt appeals by any respondent named in cases brou ght to CAS under these IBU Anti- Doping Rules are specifically permitted.
Any p arty with a rig ht to appeal u nder this Artic le 13 must file a cross-appeal or s ubsequent appeal at the lates t with the part y’s answer to the appeal.
[Comment to A rticle 13.2.4: This provision is necessar y because since 2011, CAS ru les no longer p ermit an Athlete the ri ght to cross- appeal when an Anti-Dopin g Organisation appeals a d ecision afte r the Athlete’s time for appeal has expired.
Th is provision p ermits a full h earing for all parties.
]13.3 Failure t o render a time ly decision Where, in a particular case, a d ecision under thes e IBU Anti-Do ping Rules with re spect to wh ether an an-ti-doping rul e violation wa s committed is not rendere d within a rea sonable deadl ine set by WADA , WADA may elect to appeal directly to the CA S Ap peals Divisio n as if a decision finding no anti-dopi ng rule vio-lation had been rendered.
If the CAS panel dete rmines that an ant i-doping rul e violation wa s committed and that WADA acted reasona bly in electing to appeal directly to t he CAS Appeal s Division, the n WADA’s costs and attor ney fees in prose cuting the ap peal will be re imbursed to WADA by the IBU.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 59VERSION 2021 [Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investi-gation, Results Management, and hearing process, it is not feasible to establish a fixed time period for a decision to be rendered before WADA may intervene by appealing directly to the CAS Appeals Division.
Before taking such action, however, WADA will consult with the BIU and give the BIU an opportunity to explain why it has not yet rendered a decision.
]13.4 Appeals relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4.
13.5 Notification of appeal decisionsThe BIU must promptly provide the appeal decision to the Athlete or other Person and to the other An-ti-Doping Organisations that would have been entitled to appeal under Article 13.2.3 (as provided under Article 14.2).
13.6 Time for filing appeals: 13.6.1 Appeals to CASThe time to file an appeal to the CAS will be 21 days from the date of receipt of the reasoned decision by the appealing party.
The above notwithstanding, the following will apply in connection with appeals filed by a party that is entitled to appeal but that was not a party to the proceedings that led to the decision being appealed: 13.6.1.1 Within 15 days from the notice of the decision, such party/ies will have the right to request a copy of the full case file from the body that issued the decision.
13.6.1.2 If such a request is made within the 15-day period, then the party making such request will have 21 days from receipt of the file to an appeal to the CAS.13.6.2 Appeals under Article 13.2.2The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti-Doping Organisation will be indicated by the same rules of the National Anti-Doping Organisation.13.6.3 Appeals by the BIUThe above notwithstanding, the filing deadline for an appeal or intervention filed by the BIU will be the later of: 13.6.3.1 21 days after the last day on which any other party having a right to appeal (other than WADA) could have appealed; or 13.6.3.2 21 days after the BIU’s receipt of the complete file relating to the decision.13.6.4 Appeals by WADAThe above notwithstanding, the filing deadline for an appeal filed by WADA will be the later of: 13.6.4.1 21 days after the last day on which any other party having a right to appeal could have appealed; or 13.6.4.2 21 days after WADA’s receipt of the complete file relating to the decision.
[Comment to Article 13.6: A party’s deadline to appeal does not begin running until receipt of the rea-soned decision.
For that reason, there can be no expiry of a party’s right to appeal if the party has not received the reasoned decision.
]INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 60VERSION 2021 14.
Confidentiality and reporting14.1 Information concerning Adverse Analytical Findings, Atypical Findings, and other asserted anti-doping rule violations 14.1.1 Notice of anti-doping rule violations to Athletes and other PersonsNotice to Athletes or other Persons of anti-doping rule violations asserted against them will occur as provided under Articles 7 and 14.If at any point during Results Management up until the anti-doping rule violation charge, the BIU decides not to move forward with a matter, it must notify the Athlete or other Person (provided that the Athlete or other Person had already been informed of the ongoing Results Management).14.1.2 Notice of anti-doping rule violations to the IBU, National Anti-Doping Organisations, and WADANotice of the assertion of an anti-doping rule violation to the IBU, National Anti-Doping Organisations and WADA will occur as provided under Articles 7 and 14, simultaneously with the notice to the Athlete or other Person.If at any point during Results Management up until the anti-doping rule violation charge, the BIU decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organisations with a right of appeal under Article 13.2.3.14.1.3 Content of an anti-doping rule violation noticeNotification of an anti-doping rule violation under Article 2.1 will include: the Athlete’s or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level, whether the test was In-Competition or Out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory, and other information as required by the International Standard for Testing and Investigations and International Standard for Results Management.
Notification of anti-doping rule violations other than under Article 2.1 will include the Athlete’s or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level, the rule vio-lated, and the basis of the asserted violation.14.1.4 Status reportsExcept with respect to investigations that have not resulted in a notice of an anti-doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti-Doping Organisations and WADA will be regularly updated on the status and findings of any review or proceedings conducted by the BIU pursuant to Article 7, Article 8 or Article 13 and will be provided with a prompt written reasoned explana-tion or decision explaining the resolution of the matter.14.1.5 ConfidentialityThe recipient organisations shall not disclose information provided to it pursuant to this Article beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee and NF Member) until the BIU has made Public Disclosure as permitted by Article 14.3.14.1.6 Protection of confidential information by an employee or agent The BIU will ensure that information concerning Adverse Analytical Findings, Atypical Findings, and other asserted anti-doping rule violations, remains confidential until such information is Publicly Disclosed in accordance with Article 14.3.
The IBU/BIU will ensure that its employees (whether permanent or other -wise), contractors, agents, consultants, and Delegated Third Parties are subject to a fully enforceable con-tractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorised disclosure of such confidential information.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 61VERSION 2021 14.2 Notice of anti-doping rule violation or violations of Ineligibility or Provisional Suspension decisions and request for files:14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Articles 7.6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 will include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed.
Where the decision is not in English, the BIU will provide an English summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organisation having a right to appeal a decision received pursuant to Article 14.2.1 may, within 15 days of receipt, request a copy of the full case file pertaining to the decision.
14.3 Public Disclosure14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management, and to the applicable Anti-Doping Organisations in accordance with Article 14.1.2, the BIU may Publicly Disclose the identity of the Athlete or other Person who is notified of a potential anti-doping rule violation, the nature of the violation involved (including any Prohibited Sub-stance or Prohibited Method involved), and whether the Athlete or other Person is subject to a Provisional Suspension may be Publicly Disclosed by the BIU.14.3.2 No later than 20 days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility, or reprimand, has been imposed under Article 10.14.3, the BIU must Publicly Disclose the disposition of the anti-doping matter, including the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibit-ed Substance or Prohibited Method involved (if any) and the Consequences imposed.
The BIU must also Publicly Disclose within 20 days the results of appellate decisions concerning anti-doping rule violations, including the information described above.
[Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, the BIU’s failure to make the Public Disclosure will not result in a determination of non-compliance with the World Anti-Doping Code, as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.]
14.3.3 After an anti-doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, the BIU may make public such determination or decision and may comment publicly on the matter.14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed.
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision.
The BIU will use reasonable efforts to obtain such consent and if consent is obtained, the BIU will publicly disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.5 Publication will be accomplished at a minimum by placing the required information on the IBU’s and/or the BIU’s website or publishing it through other means and leaving the information up for the longer of one month or the duration of any period of Ineligibility.
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, neither the IBU/BIU, nor any NF Member, nor any INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 62VERSION 2021 Anti-Doping Organisation, nor any WADA-accredited laboratory, nor any official of any such body, will publicly comment on the specific facts of any pending case (as opposed to general description of pro-cess and science) except in response to public comments attributed to, or based on information provided by, the Athlete, other Person, or their entourage or other representatives.14.3.7 The mandatory Public Disclosure required in Article 14.3.2 will not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor, Protected Person or Recreational Athlete.
Any optional Public Disclosure in a case involving a Minor, Protected Per -son or Recreational Athlete will be proportionate to the facts and circumstances of the case.14.4 Statistical reporting The BIU will, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA.
The BIU may also publish reports showing the name of each Athlete tested and the date of each Testing.
14.5 Doping Control information database and monitoring of compliance14.5.1 To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organisations, the BIU will report to WADA through ADAMS Doping Control-related information as required under the ap-plicable International Standard(s), including, in particular:14.5.1.1 Athlete Biological Passport data for International-Level Athletes and National-Level Athletes;14.5.1.2 whereabouts information for Athletes including those in Registered Testing Pools;14.5.1.3 TUE decisions; and14.5.1.4 Results Management decisions.14.5.2 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organisations, and to ensure that Athlete Biological Passport profiles are updated, the BIU will report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the Interna-tional Standard for Testing and Investigations.
14.5.3 To facilitate WADA’s oversight and appeal rights for TUEs, the BIU will report all TUE applications, decisions, and supporting documentation using ADAMS in accordance with the requirements and time-lines contained in the International Standard for Therapeutic Use Exemptions.
14.5.4 To facilitate WADA’s oversight and appeal rights for Results Management, the BIU will report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management: (a) notifications of anti-doping rule violations and related decisions for Adverse Analytical Findings; (b) notifications and related decisions for other anti-doping rule violations that are not Adverse Analytical Findings; (c) whereabouts failures; and (d) any decision imposing, lifting or reinstating a Provisional Suspension.
14.5.5 The information described in this Article will be made accessible, where appropriate and in ac-cordance with the applicable rules, to the Athlete, the Athlete’s National Anti-Doping Organisation, and any other Anti-Doping Organisations with Testing authority over the Athlete.
[Comment to Article 14.5: ADAMS is operated, administered and managed by WADA, and is designed to be consistent with data privacy laws and norms applicable to WADA and other organisations using such system.
Personal information regarding Athletes or other Persons maintained in ADAMS is and will be treated in strict confidence and in accordance with the International Standard for the Protection of Privacy and Personal Information.]
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 63VERSION 2021 14.6 Data privacy14.6.1 The IBU/BIU may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the World Anti-Doping Code, the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these IBU Anti-Doping Rules, and in compliance with applicable law.
14.6.2 Without limiting the foregoing, the BIU will:14.6.2.1 only process personal information in accordance with a valid legal ground;14.6.2.2 notify any Athlete or other Person subject to these IBU Anti-Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Per -sonal Information, that their personal information may be processed by the IBU/BIU and other Persons for the purpose of the implementation of these IBU Anti-Doping Rules;14.6.2.3 Ensure that any third-party agents (including any Delegated Third Party) with whom the BIU shares the personal information of any Athlete or other Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.15.
Implementation of decisions15.1 Automatic binding effect of decisions by Signatories 15.1.1 A decision of an anti-doping rule violation made by a Signatory, an appellate body (Article 13.2.2 of the World Anti-Doping Code) or CAS will, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon the IBU, BIU, and NF Members, as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decision by any of the above-described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Sus-pension or has waived the right to a Provisional Hearing, expedited hearing or expedited appeal offered in accordance with Article 7.3.3) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension.
15.1.1.2 A decision by any of the above-described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from partici-pation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineligibility.
15.1.1.3 A decision by any of the above-described bodies accepting an anti-doping rule violation auto-matically binds all Signatories.15.1.1.4 A decision by any of the above-described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.
15.1.2 The IBU, BIU, and NF Members must recognise and implement a decision and its effects as re-quired by Article 15.1.1, without any further action required, on the earlier of the date the IBU/BIU re-ceives actual notice of the decision or the date the decision is placed into ADAMS.
15.1.3 A decision by an Anti-Doping Organisation, a national appellate body or CAS to suspend (or lift) Consequences will be binding upon the IBU, BIU, and NF Members without any further action required, on the earlier of (i) the date the BIU receives actual notice of the decision or (ii) the date the decision is placed into ADAMS.
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 64VERSION 2021 15.1.4 Notwithstanding any provision in Article 15.1.1, a decision of an anti-doping rule violation by a Major Event Organisation made in an expedited process during an Event will not be binding on the IBU, BIU or NF Members unless the rules of the Major Event Organisation provide the Athlete or other Person with an opportunity to appeal under a non-expedited procedure.
[Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organisation give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organisation is binding on other Signatories regardless of whether the Athlete or other Person chooses the expedited appeal option.