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7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organization which first provides notice to an Athlete or other Person of a potential anti -doping rule violation and then diligently pursues that anti -doping rule violation).
7.1.2 In circumstances where the rules of a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of that count ry, or the National Anti -Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation .
7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Event Organization , or an anti -doping rule violation occurring during such Event , the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results Management .
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by World Skate or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the Internatio nal Standard for Results Management .
If World Skate determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organizations .
32 [Comment to Article 6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non -compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories.
Where necessary, the lab oratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country.
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non -compliance by a Signatory or doping activities by another Person.
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge .
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences. ]
World Skate Anti -Doping Rules Page 25 of 67 7.1.5 Other circumstanc es in which World Skate shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code .
7.1.6 WADA may direct World Skate to conduct Results Management in particular circumstances .
If World Skate refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person , that is willing to do so, to take Results Management responsibility in place of World Skate or, if there is no such Anti-Doping Organization , any other Anti-Doping Organization that is willing to do so.
In such case, World Skate shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non-compliance .
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations World Skate shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management .
7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, World Skate shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule viol ation exists.
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If World Skate receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method , it shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2.
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the CAS Anti-Doping Division Hearing Panel (CAS ADD) that the violation is likely to have involved a Contaminated Product , or (ii) the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1.
The CAS ADD decision not to eli minate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.
33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by World Skate, the internal rev iew specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.]
World Skate Anti -Doping Rules Page 26 of 67 7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti-Doping Rule Violations World Skate may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8 .
An optional Provisional Suspension may be lifted at the discretion of World Skate at any time prior to the CAS ADD decision under Article 8, unless provided otherwise in the International Standard for Results Management .
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension ; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after the impositio n of the Provisional Suspension.
The imposition of a Provisional Suspension , or the decision not to impose a Provisional Suspension , may be appealed in an expedited process in accordance with Article 13.2.
7.4.4 Voluntary Acceptance of Provisional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample ) or ten (10) days from the notice of any other anti -doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice.
Other Persons on their own initiative may voluntarily accept a Provis ional Suspension if done so within ten (10) days from the notice of the anti -doping rule violation.
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any cr edit for time previously served during the Provisional Suspension .
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athlete or World Skate ) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1.
In circumstances where the Athlete or the Athlete's team has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for the Athlete or team to be reinserted , without otherwise affecting the Event , the Athlete or team may continue to take part in the Event .
World Skate Anti -Doping Rules Page 27 of 67 7.5 Results Management Decisions Results Management decisions or adjudications by World Skate must not purport to be limited to a particular geographic area or World Skate sport and shall address and determine without limitation the following issues: (i ) whether an anti -doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and (ii) all Consequences flowing from the anti -doping rule vi olation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences .34 7.6 Notification of Results Management Decisions World Skate shall notify Athletes , other Persons , Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management .
7.7 Retirement from Sport35 If an Athlete or other Person retires while World Skate ’s Results Management process is underway , World Skate retains authority to complete its Results Management process.
If an Athlete or other Person retires before any Result s Management process has begun, and World Skate would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, World Skate has authority to conduct Results Management .
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, World Skate shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management .
8.1 Fair Hearing s World Skate has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti-Doping Division ( CAS ADD).
The procedural rules of CAS ADD pertaining to the hearing of first instance shall apply.
CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in complianc e with the Code and the International Standard for Results Management .
8.1.2 Hearing Process 34 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions.
Each decision by World Skate should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruli ng body for an Event).
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country.
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the durati on of the period of Ineligibili ty are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Samp le collection are also Disqualified under Article 10.1. ]
35 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying th e Athlete or other Person membership in a sports organization.]
World Skate Anti -Doping Rules Page 28 of 67 8.1.2.1 When World Skate sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2 , then the case shall be referred to CAS ADD for hearing and adjudication , which shall be co nducted in accordance with the principles described in Article s 8 and 9 of the International Standard for Results Management .
8.1.2.2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti -Doping Rules may be conducted by an expedited process where permitted by CAS ADD .36 8.1.2.3 WADA , the National Federation and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing as observers.
In any event, World Skate shall keep them fully apprised as to the status of pending cases and the result of all hearings.
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, CAS ADD shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which i ncludes the full reasons for the decision , the period of Ineligibility imposed , the Disqualification of results under Article 10.10 and, if applicable , a justification for why the greatest potential Consequences were not imposed.
8.2.2 World Skate shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 , and shall promptly report it into ADAMS .
The decision may be appealed as provided in Article 13.
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by World Skate .
8.3.2 However , if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within fifteen ( 15) days or the deadline otherwise specified in the notice sent by the World Skate asserting the violation, then they shall be deemed to have waived a he aring, admitted the violation, and accepted the proposed Consequences .
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the CAS ADD shall not be required.
Instead World Skate shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Arti cle 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.
36 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of th e anti-doping rule violation is necessary to determine the Athl ete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete 's results or continued participation in the Event.]
World Skate Anti -Doping Rules Page 29 of 67 8.3.4 World Skate shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 , and shall promptly report it into ADAMS .
World Skate shall Publicly Disclose that decision in accordance with Article 14.3.2 8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , World Skate (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a single hearing directly at CAS.37 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences , including forfeiture of any medals, points and prizes.38 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event , lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences , including forfeiture of all medals, points and prizes, except as provided in Article 10.1.2.
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .39 10.1.2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competitions 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.
37 [Comment to Article 8.4: In some cases, the combined cost of h olding a hearing in the first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial.
Where all of the parties identified in this Articl e are satisfied that their interests will be adequately pro tected in a single hearing, there is no need for the Athlete or Anti -Doping Organizations to incur the extra expense of two (2) hearings .
An Anti -Doping Organization may participate in the CAS hearing as an observer.
Nothing set out in Article 8.4 precludes the Athlete or other Person and World Skate (where it has Results Management responsibility) to waive their right to appeal by agreement.
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code. ]
38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified.
However, Disqualifica tion of the team will be as provided in Article 11.
In sports which are not Team Sports but where awards are given to teams, Disqua lification or other disciplinary action against the team when one or more team members have committed an anti -doping rule violation shall be as provided in the applicable rules of the International Federation.]
39 [Comment to Article 10.1.1: Whereas Artic le 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g ., the swimming World Championships).]
World Skate Anti -Doping Rules Page 30 of 67 10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1 The period of Ineligibility , subject to Article 10.2.4, shall be four (4) years where: 10.2.1.1 The anti -doping rule violation does not involve a Specified Substance , unless the Athlete or other Person can establish that the anti -doping rule violation was not intentional.40 10.2.1.2 The anti -doping rule violation involves a Specified Substance and World Skate can establish that the anti -doping rule violation was intentional.
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years.
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and manifestly disregarded that risk.
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition .
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional ” if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.41 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti -doping rule violation involves a Substance of Abuse : 10.2.4.1 If the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, then the period of Ineligibility shall be three (3) months Ineligibility .
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by World Skate .
The period of Ineligibility 40 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in a doping case under Article 2.1 an Athlete will be successful in proving that the Athlete acted unintentionally without establi shing the source of the Prohibited Substance.]
41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.]
World Skate Anti -Doping Rules Page 31 of 67 established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.42 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to s port performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4.
10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10.
6 or 10.
7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can establish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibility shall be two (2) years; (ii) in all other cases, if the Athlete or other Person can establish exceptional circumstances that justify a reduction of the period of Ineligibility , the period of Ineligibility shall be in a range from two (2) years to four (4) years depending o n the Athlete or other Person ’s degree of Fault ; or (iii) in a case involving a Protected Person or Recreational Athlete , the period of Ineligibility shall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility , depending on the Protected Person or Recreational Athlete ’s degree of Fault .
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault .
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious sus picion that the Athlete was trying to avoid being available for Testing .
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation.
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel .
In addition, significant violations of Article 2.7 or 2.8 which may also violate non -sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.43 42 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily complete d the program shall be made in the sole discretion of World Skate.
This Article is intended to give World Skate the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs.
It is anticip ated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. ]
43 [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than the Athletes who test positive.
Since the authority of sport organizations is generally limited to Ineli gibility for accredita tion, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.]
World Skate Anti -Doping Rules Page 32 of 67 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation.
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For viol ations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation by the Athlete or other Person .45 10.4 Aggravating Circumstances which may Increase the Period of Ineligibility If World Skate establishes in an individual case involving an anti -doping rule violation other than violations under Article 2.7 ( Trafficking or Attempted Trafficking ), 2.8 ( Administration or Attempted Administration ), 2.9 (Complicity) or 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present which justify the imposition of a period of Ineligibility greater than the stan dard sanction, then the period of Ineligibility otherwise applicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of the Aggravating Circumstances , unless th e Athlete or other Person can establish that he or she did not knowingly commit the anti -doping rule violation.46 10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence , then the otherwise applicable period of Ineligibility shall be eliminated.47 10.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence 44 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.]
45 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlet e or Other Person to Discourage or Retaliate Agai nst Reporting to Authorities ) shall be sanctioned based on the violation that carries the more severe sanction.]
46 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attemp ted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retal iate Against Reporting to Authorities ) are not included in the application of Article 10.4 because the sanctions for these violatio ns already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.]
47 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred.
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor.
Co nversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vi tamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been wa rned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or ot her Person within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink).
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No S ignificant Fault or Negligence. ]
World Skate Anti -Doping Rules Page 33 of 67 10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6.
All reductions under Article 10.6 .1 are mutually exclusive and not cumulative.
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Athlete or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years of Ineligibility , depending on the Athlete’s or other Person’s degree of Fault .
10.6.1.2 Contaminated Products In cases where the Athlete or other Perso n can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse ) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Athlete or other Person’s degree of Fault .48 10.6.1.3 Protected Persons or Recreational Athletes Where the anti -doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Athlete , and the Protected Person or Recreational Athlete can establish No Significant Fault or Negligence , then the period of Inelig ibility shall be, at a minimum, a reprimand and no period of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Protected Person or Recreational Athlete ’s degree of Fault .
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as provided in Article 10.
7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than on e-half of the period of Ineligibility 48 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also s eparately establish No Significant Fault or Negligence.
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk.