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3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonabl e time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel ) and to answer questions from the hearing panel or ITTF .
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code .
Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA , without requiring any further action by ITTF or its Member Association s. All Athletes and other Persons shall be bound by the Prohibited List , and any revisions thereto, from the date they go into effect, without further formality.
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up -to-date version of the Prohibited List and all revisions thereto.
ITTF shall provide its Member Association s with the most recent version of the Prohibited List .
Each Member Association shall in turn ensure that its members , and the constituents of its members , are also provided with the most recent version of the Prohibited List .17 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition ) because of their potential to enhan ce performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only.
The Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List .
No Prohibited Method shall be a 17 [Comment to Article 4.1: The current Prohibited List is available on WADA' s website at https://www.wada -ama.org .
The Prohibited List will be revised and published on an expedited basis whenever the need arises.
However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.]
18 [Comment to Article 4.2.1: Out -of-Competition Use of a substance which is only prohibited In -Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Sample collected In -Competition.]
ITTF 2021 Anti -Doping Rules Page 12 of 61 Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.19 4.2.3 Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibited Subst ances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance , Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
4.4 Therapeutic Use Exemptions (“TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti -doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions .
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE.
If the National Anti-Doping Organization denies the application, the Athlete may appeal exclusively to the national -level appeal body described in Article 13.2.2.
4.4.2.2 Athletes who are International -Level Athletes shall apply to ITTF .
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti-Doping Organization pursuant to Article 4.4 of the Code for the substance or method in question and provided that such TUE has been reported in accordance with Article 5.
5 of the International Standard for Therapeutic Use Exemption s, ITTF will automatically recognize it for purposes of international -level 19 [Comment to Article 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods.
Rather, they are simply substances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance. ]
20 [Comment to Article 4.4.
3: If ITTF refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic U se Exemptions, the matter should not be referred to WADA.
Instead, the file should be completed and re -submitted to ITTF .]
[Comment to Article 4.4.3: ITTF may agree with a National Anti -Doping Organization that the National Anti -Doping Organization will c onsider TUE applications on behalf of ITTF .]
ITTF 2021 Anti -Doping Rules Page 13 of 61 Competition without the need to review the relevant clinical information .
4.4.3.
2 If ITTF chooses to test an Athlete who is not an International -Level Athlete , ITTF must recognize a TUE granted to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions .
4.4.4 TUE Application Process 21 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti -Doping Organization for the substance or method in question, the Athlete must apply directly to ITTF .
4.4.4.2 An application to ITTF for grant or recognition of a TUE must be made as soon as possible , save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply .
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on ITTF ’s website.
4.4.4.3 ITTF shall stablish a Therapeutic Use Exemption Committee (“TUEC” ) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a) -(d) below : (a) The TUEC shall consist of a minimum of five (5) members with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine.
(b) Before serving as a member of the TUEC, each member must sign a conflict of interest and confidentiality declaration.
The appointed members shall not be employees of ITTF .
(c) When an application to ITTF for the grant or recognition of a TUE is made, three (3) members (which may include the Chair) shall be appointed to consider the application.
(d) Before considering a TUE application, each member shall disclose any circumstances likely to affect their impartiality with respect to the Athlete making the application.
If a member is unwilling or unable to assess the Athlete’s TUE application, for any reason, a replacement or a new TUEC shall be appointed (e.g.
from the pool of members appointed under point (a) above ).
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one (21) days of receipt of a complete application.
Where the application is made in a reasonable time 21 [Comment to Article 4.4.4: The submission of falsified documents to a TUEC or ITTF , offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or Attempted Tampering under Article 2.5.
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted.
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete ’s own risk.]
ITTF 2021 Anti -Doping Rules Page 14 of 61 prior to an Event , the TUE C must use its best endeavors to issue its decision before the start of the Event .
4.4.4.5 The TUEC decision shall be the final decision of ITTF and may be appealed in accordance with Article 4.4.
7.
ITTF TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions .
It shall also promptly be reported into ADAMS .
4.4.4.6 If ITTF (or the National Anti -Doping Organization , where it has agreed to consider the application on behalf of ITTF ) denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If ITTF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organization .
If the National Anti -Doping Organization considers that the TUE granted by ITTF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.
4.7.
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by ITTF 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 ITTF 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 ITTF 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, ITTF 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 TUE C upon grant of the TUE; (c) may be withdrawn by the TUE C if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on r eview 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 the effective date of expiry, withdrawal , or reversal of the TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding , reported shortl y 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.
ITTF 2021 Anti -Doping Rules Page 15 of 61 4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review ITTF ’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 ITTF ’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.22 4.4.7.2 Any TUE decision by ITTF (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of ITTF ) 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 , exclusivel y to CAS.23 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 ITTF , 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 INVESTIGATIONS 5.1 Purpose of Testing and Investigations24 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 for Testing and Investigations and the eventual specific protocols of ITTF 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 Prohibited 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, ITTF shall have In-Competition and Out-of-Competition Testing authority over all 22 [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 conduct in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
23 [Comment to Article 4.4.7.2: In such cases, the decision being appealed is the ITTF ’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 decisio n 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.]
24 [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.]
ITTF 2021 Anti -Doping Rules Page 16 of 61 Athletes specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti -Doping Rules ”).
5.2.2 ITTF 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.25 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 ITTF delegates or contracts any part of Testing to a National Anti -Doping Organization directly or through a Member Association , that National Anti -Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organization’s expense .
If additional Samples are collected or additional types of analysis are performed, ITTF 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 , ITTF (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 ITTF (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 ITTF (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 ITTF (or other international organi zation which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing .
If the Anti-Doping Organization is not satisfied with the response from ITTF (or other international organization 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 coordinate such Testing .
WADA shall not grant approval for such Testing before consulting with and informing ITTF (or other international organization which is the ruling body for the Event ).
WADA’s decision shall be final and not subject to appeal.
Unless 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 .26 25 [Comm ent to Article 5.2.2: ITTF 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, ITTF 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 ITTF had sufficient suspi cion for Testing during this time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.]
26 [Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event.
Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall 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 responsibility for Sample collection or other aspects of the Doping Control process.]
ITTF 2021 Anti -Doping Rules Page 17 of 61 5.4 Testing Requirements 5.4.1 ITTF 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 ITTF shall establish 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.
ITTF shall coordinate with National Anti -Doping Organizations to identify such Athlete s and to collect their whereabouts information.
5.5.2 ITTF shall make available through ADAMS a list which identifies those Athlete s included in its Registered Testing Pool by name.
ITTF 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 to 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.