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An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by ILS to provide whereabouts information.59 58 Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlet e and shall not be used in any way to draw an adverse inference against the Athlete.
59 Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a traini ng camp, exhibition or practice organized by the ir National Federation or a club which is a member of that National Federation or which 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 Nationa l Basketball Association, etc.
), Events organized by a non -Signatory International Event organization or a non -Signatory national -level Event organization 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 organization described in this Article.
Ineligibility imposed in one sport shall also be recognized by other sports ILS Ant -Doping Rules 2021 Page 39 of 64 10.14.2 Return to Training As 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 organization of ILS’ or other Signatory’s member organization during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility , or (2) the last one -quarter of the period of Ineligibility imposed.60 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Person who has been declared Ineligible violates the pr ohibition against participation during Ineligibility described in Article 10.14.1 , the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall 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, shall be made by the Anti-Doping Organizatio n whose Results Management led to the imposition of the initial period of Ineligibility .
This decision may be appealed under Article 13 .
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified .
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , ILS shall impose sanctions for a violation of Article 2.9 for such assistance.
10.14.4 Withholding of Financial Support during Ineligibility In 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 ILS and its National Federations .
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3 .
(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, a nd doing so coul d also result in a violation of Article 2.10 by another Athlete.
Any performanc e standard accomplished during a period of Ineligibility shall not be recognized by ILS or its National Federations for any purpose.
60 Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility.
During the t raining 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.
ILS Ant -Doping Rules 2021 Page 40 of 64 ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports ) has been notified of an anti -doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate Target Testing of all members of the team during the Event Period .
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition , with all resulting Consequences for the team and its members, including forfeiture of any medals, points and prizes.
11.2.2 An anti -doping rule violation committed by a member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtai ned by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except as provided in Article 11.2.3.
11.2.3 Where an Athlete who is a member of a team committed an anti -doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the team in any other Competition(s) in that Event shall not be Disqualified unless the results of the team in the Competition(s) 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.
ARTICLE 12 SANCTIONS BY ILS AGAINST OTHER SPORTING BODIES When ILS becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rules within that organization’s or body’s area of competence, ILS has the authority and may take the following additional disciplinary actions: 12.1 Exclude all, or some group of , member s of that organization or body from specified future Events or all Events conducted within a specified period of time .
12.2 Take additional disciplinary action s with respect to that organization’s or body’s recognition, the eligibility of their members to participate in ILS’ activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period.
In such event: (a) all or some group of memb ers of that organization or body may be banned from participation in any ILS activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to 1,000 EUR .
12.2.2 Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12.
2.1 by Athletes or other Persons affiliated with that organization or ILS Ant -Doping Rules 2021 Page 41 of 64 body during a twelve (12) month period .
In such event , that organization or body may be suspend ed for a period of up to four (4) years.
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti-doping rule violation during an International Event.
In such event, that organization or body may be fined in an amount up to 1,000 EUR .
12.2.4 That organization or body has failed to make diligent efforts to keep ILS informed about an Athlete's whereabouts after receiving a request for that information from ILS.
In such event , that organization or body may be fined in an amount up to 1,000 EUR per Athlete , in addition to reimbursement of all of the ILS costs incurred in Testing that organization ’s or body’s Athletes .
12.3 Withhold some or all funding or other financial and non-financial support to that organization or body .
12.4 Oblige that organization or body to reimburse ILS for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that organization or body .
ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the International Standards .
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.
13.1.1 Scope of Review Not Limited The 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.62 13.1.2 CAS Shall Not Defer to the Findings Being Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.63 61 Comment to Article 13: The object of the Code is to have anti -doping matters resolved through fair and transparent internal processes with a final appeal.
Anti -doping decisions by Anti -Doping Organizations are made transparent in Article 14.
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions.
Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their federations, who might benefit from having another competitor Disqualified.
62 Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification.
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.
63 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.
ILS Ant -Doping Rules 2021 Page 42 of 64 13.1.3 WADA Not Required to Exhaust Internal Remedies Where WADA has a righ t to appeal under Article 13 and no other party has appealed a final decision within ILS’ process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in ILS’ process.64 13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences , Provisional Suspensions, Implementation of Decisions and Authority A decision that an anti -doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti -doping rul e violation, or a decision that no anti -doping rule violation was committed; 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 except ion to the six (6) 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 Code ; a decision by ILS not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or 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 ; ILS’ failure to comply with Article 7.4 ; a decision that ILS 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 Code ; failure to comply with Article 10.8.1 ; a decision under Article 10.14.3 ; a decision by ILS not to implement another Anti-Doping Organization’s decision under Article 15 ; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2.
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 Athlet es, the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In 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 Organization having authority over the Athlete or other Person .
The rules for such appeal shall 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 as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules .
13.2.3 Persons Entitled to Appeal 64 Comment to Article 13.1.3: Where a decision has been rendered before the final stage of ILS’ process (for example, a first hearing) and no party elects to appeal that decision to the next level of ILS’ process (e.g., the Managing Board), then WADA may bypas s the rema ining steps in ILS’ internal process and appeal directly to CAS.
65 Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulm ent or enforcement of arbitral awards.
ILS Ant -Doping Rules 2021 Page 43 of 64 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1 , the following parties shall 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) ILS; (d) the National Anti -Doping Organization of the Person’s country of residence or countries where the Person is a national or l icense 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 Olymp ic Games or Paralympic Games; and (f) WADA .
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2 , the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti-Doping Organization's rules but, at a minimum, shall 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) ILS; (d) the National Anti -Doping Organization 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 .
For cases under Article 13.2.2 , WADA , the International Olympic Committee, the Internation al Paralympic Committee, and ILS shall also have the right to appeal to CAS with respect to the decision of the national -level appeal body.
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs.
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal.
13.2.3.
4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.
13.2.3.5 Appeal from Decisions under Article 12 Decisions by ILS under Article 12 may be appealed exclusively to CAS by the National Federation or other body .
13.2.4 Cross Appeals and other Subsequent Appeals Allowed ILS Ant -Doping Rules 2021 Page 44 of 64 Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted.
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with th e party’s answer.66 13.3 Failure to Render a Timely Decision by ILS Where, in a particular case, ILS fails to render a decision with respect to whether an anti -doping rule violation was committed within a reasonable deadline set by WADA , WADA may elect to appeal directly to CAS as if ILS had rendered a decision finding no anti -doping rule violation.
If t he CAS hearing panel determines that an anti -doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by ILS.67 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4 .
13.5 Notification of Appeal Decisions ILS shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2 .
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party.
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the Anti-Doping Organization that had Results Management authority ; (b) If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty -one (21) days from receipt of the file to file an appeal to CAS.
The above notwithstanding, the filing deadline for an appeal f iled by WADA shall be the later of: 66 Comment to Article 13 .2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti -Doping Organization appeals a decision after the Athlete’s time for appeal has expired.
This provision permits a full hearing for all parties.
67 Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for ILS to render a decision before WADA may intervene by appealing directly to CAS.
Before taking such action, however, WADA will consult with ILS and give ILS an opportunity to explain why it has not yet rendered a decision.
68 Comment to Article 13 .6: Whether governed by CAS rules or the se Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision.
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.
ILS Ant -Doping Rules 2021 Page 45 of 64 (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed , or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision.
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization .
The above notwithstanding, the fil ing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision.
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 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 Persons Notice to Athletes or other Persons of anti -doping rule violations asserted against them shall occur as provided under Articles 7 and 14.
If at any point during Results Management up until the anti -doping rule violation charge, ILS decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ).
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall 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, ILS decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3 .
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violati on shall 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 .
ILS Ant -Doping Rules 2021 Page 46 of 64 Notification of anti -doping rule violations oth er than under Article 2.1 shall also include the rule violated and the basis of the asserted violation.
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation under Article 14.1.1 , the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and finding s of any review or proceedings conducted under Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , National Federation , until ILS has made Public Disclosure as permitted by Article 14.3.
14.1.6 Protection of Confidential Information by an Employee or Agent of the ILS ILS shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such informati on is Publicly Disclosed in accordance with Article 14.3 .
ILS shall ensure that its employees (whether permanent or otherwise), contractors, agents , consu ltants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosure of such confidential information.
14.2 Notice of Anti -Doping Rule V iolation 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 under Article 7.
6, 8.2, 10.5 , 10.6, 10.7, 10.14.3 or 13.5 shall 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 or French, ILS shall provide an English or French summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organization having a right to appeal a decision received under Article 14.2.1 may, within fifteen ( 15) days of receipt, request a copy of the full case file pertaining to the decision.
14.3 Public Disclosure 14.3.1 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 Organizations in accordance with Article 14.1.2 , the identity of any Athlete or other Person who is notified of a potential anti -doping rule violation, the Prohibited Substance or Prohibited Method and the nature of the violation involved, and whether the Athlete or ot her Person is subject to a Provisional Suspension may be Publicly Disclosed by ILS.
ILS Ant -Doping Rules 2021 Page 47 of 64 14.3.2 No later than twenty (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, ILS must Publicly Disclose the disposition of the anti-doping matter, including the sport, the anti -doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed.
ILS must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above .69 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 th e assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8 , ILS 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 no t be Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decision.
ILS shall use reasonable efforts to obtain such consent , and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the ILS’ website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility .
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3 , no Anti-Doping Organization , National Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process 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 shall 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 Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case.
69 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, ILS’ failure to make the Public Disclosure will not result in a determination of non -compliance with Code as set forth in Article 4.1 of the In ternational Standard for the Protection of Privacy and Personal Information.