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Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Athlete or othe r Person Used or Possessed multiple Prohibited Substances or Prohibited Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likel y to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation; or the Athlete or other Person engaged in Tampering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may als o justify the imposition of a longer period of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities r elated to anti -doping to be carried out by or on behalf of an Anti-Doping Organization , as set out in the Code and/or the International Standards .
Anti-Doping Organization : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizatio ns that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .
Athlete : Any Person who competes in sport at the international level (as defined by each International Federation ) or the national level (as defin ed by each National Anti -Doping Organization ).
An Anti-Doping Organization has discretion to apply anti -doping rules to an Athlete who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “ Athlete ”.
In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .
However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any Athlete over whom an 75 [Comment to Definitions : Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
ILS Ant -Doping Rules 2021 Page 58 of 64 Anti-Doping Organi zation has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti -doping inform ation and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .76 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel : Any coach, trainer, manager, agent, team staff, off icial, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition .
Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it bein g discovered by a third party not involved in the Attempt .
Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or re lated Technical Documents prior to the determination of an Adverse Analytical Finding .
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards .
CAS: The Court of Arbitration for Sport.
Code : The World Anti -Doping Code .
Competition : A single race, match, game or singular sport contest.
For example, a basketball game or the finals of the Olympic 100 -meter race in athletics.
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provi ded in the rules of ILS.
Consequences of Anti -Doping Rule Violations (“Consequences ”): An Athlete's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti -doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14 ; (c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or acti vity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti -doping rule violation or to recover costs associated with an anti -doping rule violation; and (e) Public Discl osure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14 .
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.
Decision Limit : The value of the result for a threshold substance in a Sample , above which an Adverse Analytical Finding shall be reported, a s defined in the International Standard for Laboratories.
76 [Comment to Athlete : Individuals who participate in sport may fall in one of five categories: 1) International -Level Athlete, 2) National -Level Athlete, 3) individuals who are not International - or National -Level Athletes but over whom the International Federation or National Anti -Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federation or National Anti -Doping Organiza tion has, or has chosen to, exercise authority.
All International - and National -Level Athletes are subject to the anti -doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti -doping rules of the International Federations and National Anti -Doping Organizations.]
ILS Ant -Doping Rules 2021 Page 59 of 64 Delegated Third Party : Any Person to which ILS delegates any aspect of Doping Control or anti -doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti -doping Educational programs for ILS, or individuals serving as independent contractors who per form Doping Control services for ILS (e.g., non -employee Doping Control officers or chaperones) .
This definition does not include CAS.
Disqualification : See Consequences of Anti -Doping Rule Violations above.
Doping Control : All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to Testing , investigation s, whereabouts, TUEs, Sample collection and handling, laboratory analysis, Results Management and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension ).
Education : The process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping.
Event : A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, World Cham pionships of an International Federation, or Pan American Games).
Event Period : The time between the beginning and end of an Event , as established by the ruling body of the Event .
Event Venues : Those venues so designated by the ruling body for the Event .
Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing an Athlete ’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether the Athlete or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk.
In assessing the Athlete’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Athlete’s or other Person ’s departure from the expected standard of behavior.
Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money dur ing a period of Ineligibility , or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.
2.77 Financial Consequences : See Consequences of Anti -Doping Rule Violations above.
In-Competition : The period commencing at 11: 59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .78 Independent Observer Program : A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
77 Comment to Fault : The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.
78 Comment to In-Competition : Having a univer sally accepted definition for In -Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In -Competition Testing, avoids inadvertent Adverse Analytical Find ings in between Competitions during an Event and assists in preventing any potential performance enhancement benefits from substances prohibited Out -of-Competition being carried over to the Competition period.
ILS Ant -Doping Rules 2021 Page 60 of 64 Individ ual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsi ble for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization , or another international sport organizatio n is the ruling body for the Event or appoints the technical officials for the Event .
International -Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
For the sport of [please insert the appropriate sport], International -Level Athletes are defined as set out in the Scope section of the Introduction to these Anti -Doping Rules.79 International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued pursuant to the International Standard .
Major Event Organizations : The continental associations of National Olympic Committees and other international multi -sport organizations that function as the ruling body for any continental, regional or othe r International Event .
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method .
Metabolite : Any substance produced by a biotransformation process.
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding .
Minor : A natural Person who has not reached the age of eighteen (18) years.
National Anti -Doping Organization : The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti -doping rules, direct the collection of Samples , the management of test results, and the conduct of hearings at the national level.
If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
Nationa l Event : A sport Event or Competition involving International - or National -Level Athletes that is not an International Event .
79 Comment to International -Level Athlete : Consistent with the International Standard for Testing and Investigations, ILS is free to determine the criteria it will use to classify Athletes as International -Level Athletes, e.g., by ranking, by participation in partic ular International Events, by type of license, etc.
However, it must publish those criteria in clear and concise form, so that Ath letes are able to ascertain quickly and easily when they will become classified as International -Level Athletes.
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those Interna tional Events.
ILS Ant -Doping Rules 2021 Page 61 of 64 National Federation : A national or regional entity which is a member of or is recognized by ILS as the entity governing ILS' sport in that nation or region.
National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti-Doping Or ganization , consistent with the International Standard for Testing and Investigations.
National Olympic Committee : The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -doping area.
No Fault or Negligence : The Athlete or other Person 's estab lishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule .
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1 , the Athlete must also establish how the Prohibited Substance entered the Athlete’s system .
No Significant Fault or Negligence : The Athlete or other Person 's establishing that any Fault or Negligence , when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence , was not significant in relationship to the anti -doping rule violation.
Ex cept in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1 , the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
Operational Independence : This means that (1) board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti-Doping Organization or any third party.
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition : Any period which is not In-Competition .
Participan t: Any Athlete or Athlete Support Person .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control ove r the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti -doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti -doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in this definition, the purchase (includ ing by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.80 80 Comment to Possession : Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, ILS must establish that, even though the Athlete did not h ave ILS Ant -Doping Rules 2021 Page 62 of 64 Prohibited List : The List identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List .
Protected Person : An Athlete or other natural Person who at the time of the anti -doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.81 Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provide s the Athlete with notice and an opportunity to be heard in either written or oral form.82 Provisional Suspension : See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti -Doping Rule Violations above.
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organization ; provided, however, the term shall not include any Person who, within the five (5) years prior to committing any anti -doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the Internati onal Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti -Doping Organization .83 Regional Anti -Doping Organization : A regional entity designated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which may include the adoption and implementation of anti -doping rules, the planning and collection of Samples , the management of results, the review of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level.
Registered Testing Pool : The pool of highest -priority Athletes established separately at the international level by International Federa tions and at the national level by National Anti -Doping Organizations , who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.
5 and the International Standard for Testing and Investigations.
exclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them.
Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, ILS must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlet e intended to exercise control over them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does no t arrive, is received by someone else, or is sent to a third -party address.
81 Comment to Protected Person : The Code treats Protected Persons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may n ot possess the mental capacity to understand and appreciate the prohibitions against conduct contained in the Code.
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The term “open category” is mea nt to exclude competition that is limited to junior or age group categories.
82 Comment to Provisional Hearing : A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing” , as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.
83 Comment to Recreational Athlete : The term “open category” is meant to exclude competition that is limited to junior or age group categories.
ILS Ant -Doping Rules 2021 Page 63 of 64 Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management , or in certain cases (e.g., Atypical Finding , Athlete Biological Passport , whereabouts failure), such pre -notification steps expressly provided for in Article 5 of the International Standard for Results Management , through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on app eal (if an appeal was lodged).