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If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by World Skate remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition ) pending WADA’s decision.
If the National Anti -Doping Organization does not refer the matter to WADA for review, the TUE granted by World Skate becomes valid for national -level Competitio n as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Applications If World Skate chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete , and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, World Skate must permit that Athlete to apply for a retroactive TUE.
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to t he effective date of expiry, withdrawal , or reversal of the World Skate Anti -Doping Rules Page 17 of 67 TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding , reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shall be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review World Skate ’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organization .
In addition, WADA must review World Skate ’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti -Doping Organization .
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it.
If the TUE decision does not meet those criteria, WADA will reverse it.23 4.4.7.2 Any TUE decision by World Skate (or by a National Anti -Doping Organization , where it has agreed to consider the application on behalf of World Skate ) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti -Doping Organization , exclusively to CAS.24 4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organization and/or World Skate , exclusively to CAS.
4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant /recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal .
ARTICLE 5 TESTING AND INVE STIGATIONS 5.1 Purpose of Testing and Investigations25 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose.
They shall be conducted in conformity with the provisions of the International Standard 23 [Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to c onduct in accordance wit h Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
24 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the World Skate’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision.
However, the time to appeal the TUE decis ion does not begin to run until the date that WADA communicates its decision.
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
25 [Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organization’s rules.
See, e.g., Comment to Article 23.2.2 of the Code.]
World Skate Anti -Doping Rules Page 18 of 67 for Testing and Investigations and the specific protocols of World Skate supplementing that International Standard .
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 ( Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibit ed Substance or a Prohibited Method ).
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, World Skate shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti -Doping Rules ”).
5.2.2 World Skate may require a ny Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.26 5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code .
5.2.4 If World Skate delegates or contracts any part of Testing to a National Anti -Doping Organization directly or through a National Federation , that National Anti -Doping Organization may collect additional Samples or direct the laboratory to perform additional types of anal ysis at the National Anti -Doping Organization’s expense .
If additional Samples are collected or additional types of analysis are performed, World Skate shall be notified.
5.3 Event Testing 5.3.1 Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period .
At International Events , World Skate (or other international organization which is the ruling body for an Event ) shall have authority to conduct Testing.
At National Events , the National Anti -Doping Organization of that country shall have authority to conduct Testing .
At the request of World Skate (or other international organization which is the ruling body for an Event ), any Testing during the Event Period outside of the Event Venues shall be coordinated with World Skate (or the relevant ruling body of the Event ).
5.3.2 If an Anti-Doping Organization , which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event , desires to conduct Testing of Athletes at the Event Venues during the Event Period , the Anti-Doping Organization shall first confer with World Skate (or other international organization which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing .
If the Anti-Doping 26 [Comment to Article 5.2.2: World Skate may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, World Skate will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping.
A challenge to whether World Skate had su fficient suspicion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
World Skate Anti -Doping Rules Page 19 of 67 Organization is not satisfied with the response from World Skate (or other international organizati on which is the ruling body of the Event ), the Anti-Doping Organization may, in accordance with the procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordi nate such Testing .
WADA shall not grant approval for such Testing before consulting with and informing World Skate (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be final and not subject to appeal.
Unles s otherwise provided in the authorization to conduct Testing , such tests shall be considered Out-of-Competition tests .
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event .27 5.4 Testing Requirements 5.4.1 World Skate shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.
5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing .
5.5 Athlete Whereabouts Information 5.5.1 World Skate has establish ed a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violation s as provided in Article 10.3.2.
World Skate shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 World Skate shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
World Skate shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues t o meet the relevant criteria .
Athletes shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool.
The notification shall contain the information set out in the International Standard for Testing and Investigations.
5.5.3 Where an Athlete is included in an international Registered Testing Pool by World Skate and in a national Registered Testing Pool by their National Anti -Doping Organization , the National Anti -Doping Organization and World Skate shall agree between themselves which of them shall accept that Athlete's whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.
27 [Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organization to initiate an d conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event.
Before gi ving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shal l consult with the National Anti-Doping Organization of the country where the Event takes place.
The Anti -Doping Organization “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates re sponsibility for Sample collection or other aspects of the Doping Control process.]
World Skate Anti -Doping Rules Page 20 of 67 5.5.4 In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (a) advise World Skate of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make him self or herself available for Testing at such whereabouts.
5.5.5 For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Result s Management , where the conditions set forth in Annex B are met.
5.5.6 An Athlete in World Skate ’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to World Skate that he or she has retired or (b) World Skate has informed him or her that he or she no longer satisfies the criteria for inclusion in World Skate 's Registered Testing Pool .
5.5.7 Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article 5.2.
Whereabouts information shall be maintained in strict confidence at all times ; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control , providing information relevant to the Athlete Biological Passport or other analytical results, to support an investigation into a potential anti -doping rule violatio n, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information.
5.5.8 In accordance with the International Standard for Testing and Investigations, World Skate has established a Testing Pool2 (TP2), which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in World Skate ’s Registered Testing Pool .
5.5.9 World Skate shall notify Athletes before they are included in TP2 and when they are removed.
Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicat ed in Articles 5.5.10 and 5.5.1 2.
5.5.10 Athletes included in TP2 shall provide World Skate with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address; (b) Competition / Event schedule; and (c) Regular training activities.
Such whereabouts information shall be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations .
5.5.11 In accordance with the International Standard for Testing and Investigations, World Skate may establish other Testing Pool(s), which include Athletes who are subject to less stringent whereabouts requirements than Athletes included in World Skate’s Registered Testing Pool or TP2.
World Skate shall notify Athletes before they are included in other Testing Pool(s) and when they are removed.
World Skate Anti -Doping Rules Page 21 of 67 Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicated in Article 5.5.1 2.
5.5.1 2 An Athlete’s failure to provide whereabouts in formation on or before the date required by World Skate or the Athlete’s failure to provide accurate whereabouts information in accordance with Article 5.5.10 or Article 5.5.11 will result in a fine of $200 USD and may result in World Skate elevating the Athlete from World Skate ’s TP2 or other Testing Pool to its Registered Testing Pool .
World Skate may recover from the Athlete all costs incurred resulting from a missed test .
5.5.1 3 World Skate may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool , TP2 or other Testing Pool(s) .
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or before the date required by World Skate or the Athlete’s failure to provide accurate whereabouts information will result in a fine of $200 USD and may result in World Skate elevating the Athlete to World Skate’s Registered Testing Pool .
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in World Skate ’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Event s or National Event s until the Athlete has made himself or herself available for Testing , by giving six (6) months prior written notice to World Skate and their National Anti -Doping Organization .
WADA , in consultation with World Skate and the Athlete's National Anti -Doping Organization , may grant an exemption to the six (6) month written not ice rule where the strict application of that rule would be unfair to the Athlete .
This decision may be appealed under Article 13.
Any competitive results obtained in violation of this Article 5.
6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event .
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organizatio n that imposed the period of Ineligibility in writing of such retirement .
If the Athlete then wishes to return to active competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to World Skate and to their National Anti -Doping Organization .
5.7 Independent Observer Program World Skate and the organizing committees for World Skate Events , as well as the National Federations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events .
World Skate Anti -Doping Rules Page 22 of 67 ARTICLE 6 ANALYSIS OF SAMPLES Samples shall be analyzed in accordance with the following principles: 6.1 Use of Accredited , Approved Laboratories and Other Laboratories 6.1.1 For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA -accredited laboratories or laboratories otherwise approved by WADA .
The choice of the WADA -accredited or WADA -approved laboratory used for the Sample analysis shall be determined exclusively by World Skate .
28 6.1.2 As provided in Article 3.2, facts related to anti -doping rule violations may be established by any reliable means.
This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA -accredited or approved laboratories.
6.2 Purpose of Analysis of Samples and Data Samples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program described in Article 4.5 of the Code , or to assist World Skate in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic pr ofiling , or for any other legitimate anti -doping purpose.29 6.3 Research on Samples and Data Samples , related analytical data and Doping Control information may be used for anti -doping research purposes , although no Sample may be used for research without the Athlete's written consent.
Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete .
Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19 of the Code .30 6.4 Standards for Sample Analysis and Reporting 28 [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a WADA -accredited laboratory or another laboratory approved by WADA.
Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]
29 [Comment to Article 6.2.1: For example, relevant Doping Control -related information could be used to direct Target Testing or to support an anti -doping rule violation proceeding under Article 2.2, or both.]
30 [Comment to Article 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research.
Samples and related information used for such permitted non -research purposes m ust also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code , as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.]
World Skate Anti -Doping Rules Page 23 of 67 In accordance with Article 6.4 of the Code , World Skate shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations .
Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysi s menu, or as requested by World Skate .
Results from any such analysis shall be reported to World Skate and have the same validity and Consequences as any other analytical result.31 6.5 Further Analysis of a Sample Prior to or During Results Management There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time World Skate notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation char ge.
If after such notification World Skate wishes to conduct additional analysis on that Sample , it may do so with the consent of the Athlete or approval from a hearing body .
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti -Doping Rule Violation Charge After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti -doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and direct ed Sample collection or WADA .
Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA , and shall be responsible for any follow -up Results Management .
Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization shall be at WADA ’s or that organization's expense.
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.
6.7 Split of A or B Sample Where WADA , an Anti-Doping Organization with Results Management authority , and/or a WADA -accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority ) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of t he split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.
to assume Results Management responsibility for the Sample or data if a potential anti -doping rule 6.8 WADA ’s Right to Take Possession of Samples and Data WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization .
Upon request by WADA , the laboratory or Anti-Doping Organization in possession of the Sample or data shall immediately grant access to and enable WAD A to take physical possession of the Sample or data .
If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data , it shall provide such notice to the laboratory and each Anti-Doping Organ ization whose Samples or data have been 31 [Comment to Article 6.4: The objective of this Article is to extend the principle of “Inte lligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping.
It is recognized that the resources available to fight doping are li mited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.]
World Skate Anti -Doping Rules Page 24 of 67 taken by WADA within a reasonable time after taking possession.
After analysis and any investigation of a seized Sample or data , WADA may direct another Anti-Doping Organization with authority to test the Athlete violation is discovered.32 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti -doping rule violation matters in a fair, expeditious and efficient manner.