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The BIU may appoint individuals to form such a panel, or it may delegate the appointment of the panel to the International Testing Agency (ITA) or other suitably qualified body.Use: The utilisation, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.WADA: The World Anti-Doping Agency.Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement be-tween an Anti-Doping Organisation and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organisation in a defined time-limited setting with the under -standing that, if an agreement for Substantial Assistance or a case resolution agreement is not finalised, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organisation against the Athlete or other Person in any Results Management proceeding under the World Anti-Doping Code, and that the information provided by the Anti-Doping Organisation in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organ-isation in any Results Management proceeding under the World Anti-Doping Code. |
Such an agreement will not preclude the Anti-Doping Organisation, Athlete or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 74VERSION 2021 CHAPTER E PROCEDURES FOR THE INVESTIGATION AND PROSECUTION OF VIOLATIONS OF THE IBU INTEGRITY CODE1. |
Introduction 1.1 This Chapter E sets out the procedures for investigating and prosecuting violations of Chapter B of this Integrity Code. |
1.2 The procedures for investigating and prosecuting violations of Chapter D of the IBU Integrity Code (the IBU Anti-Doping Rules) are set out in that chapter. |
However, the provisions of this Chapter E will also apply in respect of such violations, to the extent they do not contradict or prejudice in any way any part of Chapter D.1.3 The BIU will be responsible for the costs incurred in exercising its functions under this Integrity Code, subject to the right to seek an order from the hearing panel shifting some or all of the costs of a particular investigation and/or prosecution to the Participant that is the subject of that investigation and/or prose-cution.2. |
Gathering and sharing intelligence2.1 The BIU will receive reports that are filed by Participants in accordance with Article 8.1 of Chapter B. |
If the Head of the BIU considers it appropriate to do so, the Participant filing a report may be asked to provide further information in respect of the report, and/or the BIU may make other enquiries into the matters set out in the report. |
2.2 In addition to receiving reports in accordance with Article 8.1 of Chapter B, the BIU will put in place mechanisms to gather intelligence that may assist in assessing the compliance (or otherwise) of Partici-pants with this Integrity Code from all available sources, including law enforcement, other regulatory and disciplinary bodies, investigative journalists, members of the public, and third parties. |
In particular, the BIU may facilitate anonymous reporting by third parties where it considers it appropriate. |
It will also es-tablish a policy and procedure for obtaining substantial assistance from a Participant in accordance with Article 10.7.1 of Chapter D and/or Article 9.4.5 of this Chapter.2.3 The BIU may share intelligence that it holds about any Participant with other appropriate authorities, including law enforcement and other regulatory and disciplinary bodies, where the BIU considers that such sharing is necessary in order to:2.3.1 effectively carry out an investigation or prosecution under this Integrity Code and/or administer or enforce any matter falling under this Integrity Code; and/or2.3.2 protect the integrity of the IBU, the sport of Biathlon, or sport generally; and/or2.3.3 prevent or detect crime or other offences or preserve the health or well-being of any person; and/or2.3.4 fulfil any legal obligation of the BIU or the IBU, including the obligation to demonstrate the IBU’s compliance with the World Anti-Doping Code.3. |
Investigations 3.1 Where there are reasonable grounds to suspect that a Participant may have violated this Integrity Code, the BIU may conduct an investigation. |
It may appoint one or more persons to act on its behalf for this purpose. |
3.2 The objective for each investigation will be to gather information necessary to determine whether a Participant has a case to answer for violation of this Integrity Code. |
This will include gathering and re-cording all relevant information, developing that information into reliable and admissible evidence, and INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 75VERSION 2021 identifying and pursuing further lines of enquiry that may lead to the discovery of such evidence.3.3 The BIU will conduct each investigation fairly, objectively, and impartially. |
It will be open to and con-sider all possible outcomes at each key stage of the investigation, and will seek to gather not only any available evidence of a violation but also any available evidence indicating that there is no case to answer. |
It will fully document its conduct of investigations, the evaluation of information and evidence identified in the course of investigations, and the outcome of investigations. |
3.4 The BIU will notify the Participant of the investigation and of the possible violation(s) to which the investigation relates, and will give the Participant an opportunity to make a written submission as part of the investigation. |
The BIU will decide when this notification should be made.3.5 Where it deems it appropriate, the BIU may coordinate and/or stay its own investigation pending the outcome of investigations and/or prosecutions by other competent bodies, including law enforcement and/or other regulatory or disciplinary bodies. |
3.6 Where the BIU suspects that a Participant may have committed a violation of this Integrity Code and/or may have information about a potential violation of this Integrity Code by another Participant, it may make a written demand (a Demand) to the Participant for information relating to the potential violation. |
It may issue such Demand at any time after the investigation has started, including during its initial investi-gation or at any point after a Notice of Charge has been issued in accordance with Article 5. |
If necessary, it may issue more than one Demand in the same investigation. |
3.7 Without limiting the foregoing, as part of a Demand the BIU may require a Participant to:3.7.1 attend before the BIU for an interview, or to answer any question, or to provide a written statement setting out their knowledge of any relevant facts and circumstances. |
Any interview will take place at a time and place determined by the BIU, and the Participant will be given reasonable notice in writing of the requirement to attend. |
Interviews may be recorded and/or transcribed and the Participant will be entitled to have legal counsel and an interpreter present, at the Participant’s expense (if the Participant is merely a witness, the BIU will pay for any interpreter that is needed);3.7.2 provide (or procure to the best of their ability the provision by a third party) for inspection, copying and/or downloading any records or files (whether existing in hard copy or electronic format) that the Head of the BIU reasonably believes may contain relevant information (such as itemised telephone bills, bank statements, ledgers, notes, files, correspondence, emails, and text or similar messages); 3.7.3 provide (or procure to the best of their ability the provision by a third party) for inspection, copying and/or downloading any electronic storage device that the Head of the BIU reasonably believes may contain relevant information (such as cloud-based servers, computers, hard drives, tapes, disks, mobile telephones, laptop computers, tablets, and other mobile storage devices);3.7.4 provide full and unlimited access to their premises for the purpose of securing information, records, articles or things that are the subject of a Demand; and/or3.7.5 provide passwords, login credentials and other identifying information required to access informa-tion that is the subject of a Demand. |
3.8 In accordance with Article 8.1.2 of Chapter B, the Participant must cooperate promptly, truthfully, completely and in good faith with a Demand, including (subject to Article 3.9 of this Chapter) providing the information or access requested within the deadline specified in the Demand, in each case at the Participant’s own cost.3.9 Objection to a Demand:3.9.1 A Participant may object to a Demand by filing an application with the BIU within seven (7) days of INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 76VERSION 2021 receipt of the Demand, specifying the grounds for such objection. |
Where such an application is made, subject always to Article 3.10.1, the time for complying with a Demand will be stayed pending the out-come of the objection.3.9.2 The BIU will refer the application to the CAS Ordinary Division, which will appoint one or more CAS arbitrators to sit as the Disciplinary Tribunal that will hear and determine the application in accordance with the relevant provisions of this Integrity Code and the CAS Code of Sports–related Arbitration. |
3.9.3 The Disciplinary Tribunal will consider the application with as much expediency as the justice of the matter permits. |
Unless exceptional circumstances apply, such review will be conducted by way of written evidence and submissions only. |
In considering the Demand, the Disciplinary Tribunal will have the discre-tion but not the obligation to invite submissions from the BIU and the Participant, as it sees fit.3.9.4 Where the Disciplinary Tribunal determines that there is no reasonable belief basis for the Demand, then the Demand will be deemed invalid, and any information, record, article or thing and any copy or download of the same obtained by the BIU pursuant to the Demand will either be immediately returned to the Participant or destroyed, as the case requires.3.9.5 Where the Disciplinary Tribunal determines that there is a reasonable belief basis for the Demand, the Demand will be deemed valid. |
In such circumstances, if the Participant fails to produce the informa-tion, record, article or thing and any copy or download of the same that is the subject of the Demand, that will constitute an independent violation of Article 8.1.2 of Chapter B of this Integrity Code. |
3.9.6 The ruling of Disciplinary Tribunal as to whether there is a reasonable belief basis for a Demand will not be subject to appeal or other challenge by any party in any forum. |
3.9.7 If a Demand is deemed invalid, that will not preclude the BIU from making any other Demand in relation to the same or another investigation. |
3.10 Where a Demand relates to any information, record, article or thing that the Head of the BIU rea-sonably believes is capable of being damaged, altered, destroyed or hidden (any electronic storage de-vice, or electronically stored information will be deemed to meet this criterion), then for the purposes of evidence preservation, the BIU may require a Participant to comply with the Demand immediately upon receipt of it. |
In such a case:3.10.1 the Participant must immediately comply with the Demand in full, including permitting the BIU to take immediate possession of, copy and/or download the information, record, article or thing. |
However, the BIU may take no steps to inspect or use the same other than as provided in Article 3.9;3.10.2 a refusal or failure by an Participant to comply immediately with the Demand will constitute an independent violation of Article 8.1.2 of Chapter B of this Integrity Code, and any attempted or actual damage, alteration, destruction or hiding of such information, record, article or thing upon receipt of or after the Demand will constitute an independent violation of Article 8.1.4 of Chapter B. |
Depending on the circumstances, it may also constitute a violation of Article 2.5 of Chapter D of this Integrity Code;3.10.3 the Participant has seven (7) days from receipt of the Demand to file an objection to the Demand by requesting a review by the Disciplinary Tribunal in accordance with Article 3.9; and3.10.4 if the Participant does not file an objection within seven (7) days of receipt of the Demand (or files an objection and the Disciplinary Tribunal subsequently finds there is a reasonable belief basis for the Demand), or notifies the BIU that they do not object to the Demand, the BIU may inspect the information, record, article or thing and otherwise make use of it in accordance with this Chapter E.3.11 If a Participant obstructs or delays an investigation in any manner, whether or not in relation to a Demand, e.g. |
by providing false, misleading or incomplete information or documentation and/or by tampering or destroying any documentation or other information that may be relevant to the investiga-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 77VERSION 2021 tion, that will constitute a violation of Article 8.1.4 of Chapter B of this Integrity Code. |
Depending on the circumstances, it may also constitute a violation of Article 2.5 of Chapter D of this Integrity Code. |
3.12 The BIU may at any time require an NF Member:3.12.1 to assist in an investigation into a potential violation by one or more persons under its jurisdiction (where appropriate, acting in conjunction with any other relevant national authority or body); and 3.12.2 to provide a written report on such assistance within a reasonable time period stipulated by the BIU.3.13 The BIU may request any person (whether a Participant or not) to assist an investigation by produc-ing documents, information or material and/or answering questions and providing information.3.14 Where during the course of any investigation the BIU identifies any additional Participants that may also have violated this Integrity Code, the investigation may be expanded to cover such potential viola-tions as well, or a separate investigation may be commenced.4. |
Conduct of prosecutions by the BIU 4.1 The BIU will have the sole and exclusive right and responsibility:4.1.1 to determine whether a Participant has a case to answer for violation of this Integrity Code;4.1.2 to charge a Participant with violation of this Integrity Code;4.1.3 to present that charge before the Disciplinary Tribunal for hearing and determination; and4.1.4 to pursue or defend (as applicable) any application and/or appeal arising in relation to such pro-ceedings.4.2 The BIU will discharge its rights and responsibilities in good faith in all cases, taking into account both at the point of determining whether to issue a Notice of Charge and throughout any proceedings that follow: (a) the likelihood of a charge being upheld (including considering the strength of any evidence re-lied upon, the merits of the BIU’s case, and how the defence case is likely to affect the BIU’s case); and (b) whether bringing or continuing to pursue the charge is necessary and proportionate to the achievement of the imperatives underlying this Integrity Code.4.3 The BIU will respect the duty of procedural fairness owed to Participants who have been charged with violations of this Integrity Code. |
5. |
Notice of charge5.1 If the BIU determines that a Participant has a case to answer for violation of this Integrity Code, the BIU will prepare and send a written notice of charge to the Participant (Notice of Charge), which will contain the following information:5.1.1 the specific provision(s) of this Integrity Code that the Participant is alleged to have violated;5.1.2 the facts alleged in support of such charge(s); 5.1.3 where applicable, the details of any provisional suspension imposed on the Participant pursuant to Article 6 pending determination of the charge(s); and5.1.4 the sanction(s) that the BIU says should be imposed under this Integrity Code if the charge(s) is/are upheld;5.1.5 the Participant’s right: 5.1.5.1 to admit the charge(s) and to accept the sanction(s) specified in the Notice of Charge; INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 78VERSION 2021 5.1.5.2 to admit the charge(s) but to dispute (or seek to mitigate) the sanction(s) specified in the Notice of Charge, and to have the matter of sanction(s) determined by the Disciplinary Tribunal in accordance with Article 9 if it cannot be agreed between the parties; or5.1.5.3 to dispute the charge(s) and to have the charge(s) determined (along with any sanctions, where a charge is upheld) by the Disciplinary Tribunal in accordance with Article 8; and5.1.6 the deadline for the Participant to provide a response to the charges the BIU (which will be no fewer than 14 days from the date of receipt of the Notice of Charge by the Participant).6. |
Provisional suspension 6.1 In any case where the BIU issues a Notice of Charge to a Participant and it considers there is a real risk to public confidence in the integrity of the sport of Biathlon and/or to the health or well-being of others if the Participant is allowed to continue to participate in the sport pending determination of the charge(s), the BIU may impose a provisional suspension on the Participant pending determination of the charge(s). |
6.2 The provisional suspension may be imposed when the Notice of Charge is issued or at any time thereafter. |
It will be effective from the date that it is notified to the Participant, and it may be made public (including by posting a notice on the BIU’s website) at any time after such notification.6.3 During the period of any provisional suspension, a Participant may not participate in any capacity in any competition, programme or other activity authorised or organised by the IBU, by any NF Member, or by any member or affiliate of any NF Member, and may not associate with other Participants.6.4 A Participant who is provisionally suspended has the right to apply to the Disciplinary Tribunal for an order lifting or limiting the provisional suspension. |
The provisional suspension may be lifted or limited if the Participant demonstrates to the satisfaction of the Disciplinary Tribunal that:6.4.1 the facts alleged in support of the charge(s) do not give rise to a prima facie case;6.4.2 the case against the Participant has no reasonable prospect of success, e.g., because of a material defect in the evidence on which the case is based; or6.4.3 other facts exist that make it clearly unfair, in all of the circumstances of the case, to make the Partic-ipant serve a provisional suspension prior to determination of the charge(s) against the Participant. |
This ground is to be construed narrowly, and applied only in truly exceptional circumstances. |
The fact that the provisional suspension would prevent the Participant from participating in a particular Biathlon Competi-tion will not qualify as exceptional circumstances for these purposes.6.5 In any event, the BIU will proceed with any case in which a provisional suspension imposed on a Par -ticipant expeditiously, so that the charges against the Participant are determined as quickly as possible, consistent with the requirements of justice and due process. |
6.6 A Participant who is not provisionally suspended by the BIU may at any time notify the BIU that the Participant will accept a voluntary provisional suspension pending determination of the charge(s). |
Such voluntary provisional suspension will come into effect only upon receipt by the BIU of written confirmation of the Participant’s acceptance of the provisional suspension. |
No adverse inference will be drawn from such acceptance.6.7 Any period of provisional suspension served by a Participant will be credited against any final period of ineligibility imposed on the Participant.7. |
Resolution of charges without a hearing7.1 Where the Participant:7.1.1 admits the charge(s) and accepts the sanction(s) specified in the Notice of Charge (or accepts other sanction(s) proposed by the BIU); or INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 79VERSION 2021 7.1.2 fails to respond by the deadline specified in the Notice of Charge (which failure will be deemed to amount to (a) a waiver of the Participant’s right to have the charge(s) and/or sanction(s) determined by the Disciplinary Tribunal; (b) an admission of the charge(s); and (c) an acceptance of the sanction(s) specified in the Notice of Charge);the BIU will issue a public notice confirming the violation(s) committed and the sanction(s) imposed, and that notice will take effect as if it were a final decision of the Disciplinary Tribunal made in accordance with Article 10. |
Alternatively, where it sees fit (such as where the BIU has specified a range of potential sanc-tion(s) in the Notice of Charge), the BIU may refer the matter to the Disciplinary Tribunal to determine the sanction(s) to be imposed in accordance with Article 9. |
7.2 Where the BIU considers it appropriate to do so (for example, to minimise the burden on resources, or to achieve an expeditious and proportionate outcome to a case), the BIU may agree terms with a Participant who has been charged with a violation of this Integrity Code for disposition of the charge without a hearing. |
Such disposition will include confirmation of the commission of the violation(s) charged and acceptance of the sanction(s) to be imposed under this Integrity Code. |
Any such discussions between the BIU and the Participant in relation to the possibility of an agreed sanction will take place on a ‘without prejudice’ basis and in such a manner that they will not delay or in any other way interfere with the proceedings. |
8. |
Request for a hearing 8.1 If the Participant wishes to have a hearing before the Disciplinary Tribunal to contest liability and/or sanction, the Participant must provide a written request for a hearing to the BIU that is received by the BIU within fourteen (14) days of the Participant’s receipt of the Notice of Charge (or such longer period as may be specified in the Notice of Charge or agreed by the BIU). |
The request must explain how the Participant responds to the charge(s) and set out (in summary form) the basis for such response. |
8.2 The BIU will refer the request to the CAS Ordinary 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 this Integrity Code and the CAS Code of Sports–related Arbitration. |
8.3 Unless otherwise specified in the relevant rules, the burden of proof will be on the party asserting the claim or fact in issue, and it will be required to prove that claim or fact on the balance of probabilities. |
9. |
Sanctions9.1 Subject to any specific sanctioning provisions set out in the relevant Rules, where the Disciplinary Tribunal decides that a violation of this Integrity Code has been established, it may impose such sanctions as it deems appropriate, including:9.1.1 a caution, reprimand and/or warning as to future conduct;9.1.2 a fine (which, unless otherwise specified, will be payable to the BIU within 30 days, and will be ap-plied by the BIU to defray its costs and expenses of policing and enforcing this Integrity Code);9.1.3 a compensation payment;9.1.4 disqualification of results, with all resulting consequences, including forfeiture of any related med-als, titles, ranking points, and/or prize money;9.1.5 disqualification/expulsion from Biathlon Competitions; 9.1.6 forfeiture of points and/or of quota places and/or of hosting rights;9.1.7 removal from office;9.1.8 a specified period of ineligibility from participating in any capacity in any competition, programme or other activity authorised or organised by the IBU, by any NF Member, or by any member or affiliate of any NF Member, and/or otherwise associating with other Participants; INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 80VERSION 2021 9.1.9 mandatory education sessions; and/or9.1.10 any other sanction that it deems appropriate.9.2 The Disciplinary Tribunal will base its decision as to sanctions, including any decision as to the length of any period of ineligibility, on what is proportionate in the circumstances of the case, taking into account the nature of the violation(s), the culpability of the Participant, the harm caused to the sport, the need to deter future violations, and any aggravating or mitigating factors. |
9.3 Aggravating factors may include: 9.3.1 the age, experience and position of trust or authority of the Participant; 9.3.2 the Participant’s previous disciplinary record, including in particular any previous violations of this Integrity Code or any similar offences; 9.3.3 a lack of remorse on the part of the Participant (including, for example, refusing to participate in educational programmes); 9.3.4 a finding that the Participant received or expected to receive a significant benefit as a result of the violation;9.3.5 a finding that the Participant committed more than one violation of this Integrity Code; 9.3.6 a finding that the violation was part of a wider scheme involving other Participants; and 9.3.7 a finding that the violation affected or had the potential to affect the course or outcome of a Biath-lon Competition. |
9.4 Mitigating factors may include: 9.4.1 the youth or inexperience of the Participant; 9.4.2 the Participant’s good previous disciplinary record; 9.4.3 remorse on the part of the Participant (including, for example, agreeing to participate in education-al programmes); 9.4.4 the Participant’s timely admission of guilt when confronted with the violation; and9.4.5 the Participant’s provision to the BIU of truthful, accurate and complete information about violations of this Integrity Code and/or other similar laws or regulations by other Participants, and full cooperation with any investigation and prosecution (whether by the BIU or another body, including a criminal or regu-latory body) of such violations, including by testifying at a hearing if required to do so. |
9.5 The Disciplinary Tribunal may order a party to pay some or all of the costs of convening the Discipli-nary Tribunal and holding the hearing.9.6 As a general rule, the Disciplinary Tribunal has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection with the proceedings and, in particular, the costs of witnesses and interpreters. |
When granting such contribution, the Disciplinary Tribunal shall take into account Disciplinary Tribunalthe complexity and outcome of the proceedings, as well as the conduct and the financial resources of the parties. |
9.7 Where it sees fit, the Disciplinary Tribunal may suspend the implementation of all or part of any sanc-tion(s) imposed for so long as specified conditions are satisfied. |
10. |
Decisions10.1 The Disciplinary Tribunal will announce its decision to the parties in writing, with reasons.10.2 The BIU may publish the decision on its website and/or otherwise as it sees fit, but otherwise (sub-ject always to the power in the CAS Code of Sports-related Arbitration to order a public hearing) the INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 81VERSION 2021 proceedings will be confidential and no Disciplinary Tribunal member, party, third party observer, witness, or other participant in the proceedings or recipient of the decision may disclose any facts or other infor -mation relating to the proceedings.11. |
Appeals11.1 The BIU and the Participant will each have the right to appeal decisions of the Disciplinary Tribunal exclusively to the CAS Appeals Division, which will appoint one or three CAS arbitrators to resolve the appeal definitively in accordance with the CAS Code of Sports–related Arbitration. |
11.2 Pending resolution of the appeal, the decision being appealed will remain in full force and effect unless the CAS orders otherwise. |
11.3 The decision of the CAS resolving the appeal may not be challenged in any forum or on any ground except as set out in Chapter 12 of the Swiss Federal Code on Private International Law.12. |
Alternative procedure for minor violations12.1 Notwithstanding any other provision of this Chapter E, where the Head of the BIU considers a particular violation of this Integrity Code by a Participant to be a minor violation, rather than follow the procedures set out above the Head of the BIU may refer the case to the Secretary General (a Referral), to be dealt with in accordance with the following provisions of this Article 12. |
12.2 The Referral will set out: 12.2.1 the name of the Participant who is the subject of the Referral (the Respondent);12.2.2 full details of the alleged violation, including where, when and how it is alleged to have occurred;12.2.3 the specific provisions of this Integrity Code alleged to have been violated;12.2.4 details of any relevant evidence, including copies of any relevant documents; and12.2.5 what sanctions are proposed from the list of potential sanctions set out at Article 12.10. |
12.3 The Secretary General will perform an inquisitorial function, investigating and determining the mer -its of the Referral. |
The Secretary General may delegate that function to a suitably qualified person (e.g., legal counsel). |
References below to the Secretary General will be deemed to include any such delegate.12.4 Save where the Secretary General orders otherwise, all Referrals will be dealt with in writing, without any oral hearing. |
12.5 The Secretary General will send a copy of the Referral to the Respondent, specifying a deadline within which the Respondent must file a written answer (the Answer) with the Secretary General, with a copy to the BIU. |
In the Answer, the Respondent may:12.5.1 admit the charge(s) set out in the Referral and accept the sanction(s) sought in the Referral;12.5.2 admit the charge(s) set out in the Referral but to seek to mitigate the sanction(s) proposed in the Referral; or12.5.3 dispute the charge(s) and/or the proposed sanction(s), in which case the Respondent must set out in the Answer their response to each of the allegations made in the Referral, identify any defences that they wish to assert, set out the facts on which the defence(s) is/are based, and attach copies of any evidence upon which they wish to rely. |
12.6 The Secretary General may undertake such investigations in relation to the Referral and/or Answer as the Secretary General deems necessary, including consulting with persons with knowledge of the facts and/or appointing experts to advise on specific issues.12.7 If upon investigation the Secretary General identifies facts that suggest the sanctions set out in Article 12.10 may not be sufficient, given the conduct of the Participant, the Secretary General shall raise INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 82VERSION 2021 this with the Head of the BIU, who will then decide whether to maintain the Referral or else withdraw the Referral and pursue the matter in accordance with the ordinary procedures set out above. |
12.8 The Secretary General is not bound by judicial rules governing the admissibility of evidence. |
In-stead, facts may be established by any reliable means, including witness evidence, expert reports, and documentary or video evidence. |
12.9 The Secretary General will not uphold the charge(s) in a Referral unless satisfied that they are proven on the balance of probabilities. |
12.10 Where a charge in a Referral is upheld, the Secretary General will have the power to impose one or more of the following sanctions: 12.10.1 a caution or reprimand, or an oral or written warning;12.10.2 removal from a competition;12.10.3 removal from a venue;12.10.4 removal of accreditation; 12.10.5 a fine of not more than 1,000 euros; and/or12.10.6 a period of ineligibility of not more than three months.12.11 The Secretary General will issue a reasoned decision in writing to the BIU and the Respondent, stating why the charge has or has not been upheld, and (if applicable) what sanctions are imposed.12.12 The IBU will bear the costs incurred by the Secretary General in resolving the case. |
Each of the BIU and the Respondent will bear the costs it/they incurred in relation to the case. |
There will be no power to shift such costs to the other party. |
12.13 There is no right of appeal from decisions of the Secretary General. |
INTERNATIONAL LIFE SAVING FEDERATION (ILS) ANTI -DOPING RULES Adopted on 22 July 2020 Takes effect on 1 January 2021 International Life Saving Federation Contact address: Gemeenteplein 26 – 3010 Leuven – Belgium E-mail: [email protected] – Web: www.ilsf.org Tel: +32 16 89 60 60 Like Us on facebook.com/ILSForg ILS Ant -Doping Rules 2021 Page 2 of 64 TABLE OF CONTENTS INTRODUCTION ................................ ................................ ................................ ................................ ...... 3 ARTICLE 1 DEFINITION OF DOPING ................................ ................................ .............................. 5 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ................................ ................................ .............. 5 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ...... 9 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ .............................. 11 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ .............. 16 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ........................... 20 ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ................................ ................................ .................. 22 ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ................................ ................................ ................................ ...25 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ............................... 27 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ .................. 27 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ................... 40 ARTICLE 12 SANCTIONS BY ILS AGAINST OTHER SPORTING BODIES ................................ ..40 ARTICLE 13 RESULTS MANAGEMENT: APPEALS ................................ ................................ .....41 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ ......45 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ .......... 49 ARTICLE 16 STATUTE OF LIMITATIONS ................................ ................................ ....................... 50 ARTICLE 17 EDUCATION ................................ ................................ ................................ ................ 51 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ..51 ARTICLE 19 ADDITIONAL ROLE S AND RESPONSIBILITIES OF ILS ................................ .......... 52 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ............................ 52 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ................................ ................................ ................................ ............... 53 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES ................................ ................................ ............. 53 ARTICLE 23 INTERPRETATION OF THE CODE ................................ ................................ ............ 54 ARTICLE 24 FINAL PROVISIONS ................................ ................................ ................................ ....54 APPENDIX 1 DEFINITIONS ................................ ................................ ................................ ............... 57 ILS Ant -Doping Rules 2021 Page 3 of 64 INTERNATIONAL LIFE SAVING FEDERATION (ILS) ANTI -DOPING RULES INTRODUCTION Preface These Anti -Doping Rules are adopted and implemented in accordance with ILS' responsibilities under the Code , and in furtherance of ILS’ continuing efforts to eradicate doping in sport. |
These Anti -Doping Rules are sport rules governing the conditions under which sport is played. |
Aimed at enforcing anti -doping rules in a global and harmonized manner, they are distinct in nature from crimin al and civil laws. |
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proport ionality and human rights. |
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti -Doping Rules, which implement the Code , and the f act that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport. |
As provided in the Code , ILS shall be responsible for conducting all aspects of Doping Control . |
Any aspect of Doping Control or anti -doping Education may be delegated by ILS to a Delegated Third Party , such as the International Testing Agency ( ITA), however, ILS shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and these Anti -Doping Rules. |
ILS may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping Division. |
When ILS has delegated its responsibilities to implement part or all of Doping Control to a Delegated Third Party, any reference to ILS in these Rules should be intended as a reference to th at Delegated Third Party , where applicable and within the context of the af orementioned delegation. |
ILS shall always remain full y responsible for ensuring that any delegated aspects are performed in compliance with the Code . |
Italicized t erms in these Anti -Doping Rules are defined terms in Appendix 1 . |
Unless otherwise specified, references to Articles are references to Articles of the se Anti -Doping Rules. |
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