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5.5.3 Where an Athlete is included in an international Registered Testing Pool by ITTF and in a national Registered Testing Pool by their National Anti -Doping Organization , the National Anti -Doping Organization and ITTF 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.
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 ITTF 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 Results Management , where the conditions set forth in Annex B are met.
5.5.6 An Athlete in ITTF ’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 ITTF that he or she has retired or (b) ITTF has informed him or her that he or she no longer satisfies the criteria for inclusion in ITTF '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 ITTF 2021 Anti -Doping Rules Page 18 of 61 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 violation, or to support proceedings allegi ng 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 ITTF 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 .
If it chooses to do so, an Athlete’s failure to provide requested whereabouts information on or befo re the date required by ITTF or the Athlete’s failure to provide accurate whereabouts information may result in consequences defined in Article 5.5.12 below .
5.5.9 In accordance with the International Standard for Testing and Investigations, ITTF may establish a Testing Pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in ITTF ’s Registered Testing Pool .
5.5.10 ITTF shall notify Athletes before they are included in the Testing Pool and when they are removed.
Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicated in Articles 5.5.1 1 and 5.5.1 2.
5.5.11 Athletes included in the Testing Pool shall provide ITTF at least 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 sh ould be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations .
5.5.1 2 An Athlete ’s failure to provide whereabouts information on or before the date required by ITTF or the Athlete ’s failure to provide accurate whereabouts information might result in ITTF elevating the Athlete to ITTF’s Registered Testing Pool and additional appropriate and proportionate non -Code Article 2.4 consequences, established by ITTF if any .
5.6 Retired Athletes Returning to Competition 5.6.1 If an International -Level Athlete or National -Level Athlete in ITTF ’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 ITTF and their National Anti -Doping Organization .
WADA , in consultation with ITTF and the Athlete's National Anti -Doping Organization , may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Athlete .
This decision may be appealed under Article 13.27 27 [Comment to Article 5.6.1: WADA has developed a protocol and exemption application form that Athletes must use to make such requests, and a decision template that the International Federations must use.
Both documents are available on WADA’s website at https://www.wada -ama.org .]
ITTF 2021 Anti -Doping Rules Page 19 of 61 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 Organization 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) mont hs) to ITTF and to their National Anti -Doping Organization .
5.7 Independent Observer Program ITTF and the organizing committees for ITTF ’s Events , as well as the Member Association s and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events .
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 ITTF .
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 ITTF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling , 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 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: 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.]
ITTF 2021 Anti -Doping Rules Page 20 of 61 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 In accordance with Article 6.4 of the Code , ITTF 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 analysis menu, or as requested by ITTF .
Results from any such analysis shall be reported to ITTF 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 or Hearing Process There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time ITTF notifies an Athlete that the Sample is the basis for an Article 2.1 anti -doping rule violation charge.
If after such notification ITTF 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 directed 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 init iated 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.
Fur ther 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.
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 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 popul ations is not considered research.
Samples and related information used for such permitted non -research purposes must 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.]
31 [Comment to Article 6.4: The objective of this Ar ticle is to extend the principle of “Intelligent 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 a re limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.]
ITTF 2021 Anti -Doping Rules Page 21 of 61 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 WADA to take physical possession of the Sample or data .
If WADA has not provided prior notice to the laboratory or Anti-Doping Organizat ion before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been 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 to assume Results Management responsibility for the Samp le or data if a potential anti -doping rule 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.
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 c ountry, 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 ru les 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 whereab outs failure (a filing failure or a missed test) shall be administered by ITTF or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management .
If ITTF 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 laboratory 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 w hether 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.]
ITTF 2021 Anti -Doping Rules Page 22 of 61 7.1.5 Other circumstances in which ITTF 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 ITTF to conduct Results Management in particular circumstances .
If ITTF 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 ITTF or, if there is no such Anti-Doping Organization , any other Anti-Doping Organization that is willing to do so.
In such case, ITTF 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 ITTF 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, ITTF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule violation e xists.
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If ITTF 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 , ITTF 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 ( 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 ’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.
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 33 [Comment to Artic le 7.4: Before a Provisional Suspension can be unilaterally imposed by ITTF , the internal review specified in these Anti -Doping Rules and the International Standard for Results Management must first be completed.]
ITTF 2021 Anti -Doping Rules Page 23 of 61 ITTF 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 ITTF at any time prior to the CAS ADD ’s 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 accordan ce with Article 8 on a timely basis after the imposition 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 initi ative may voluntarily accept a Provisional 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 mann er 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 credit 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 ITTF ) 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 Doubles P air or 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 Doubles P air or team to be reinserted , without otherwise affecting the Event , the Athlete or Doubles P air or team may continue to take part in the Event .
7.5 Results Management Decisions Results Management decisions or adjudications by ITTF must not purport to be limited to a particular geographic area or the ITTF ’s sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violation was committ ed 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 violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture ITTF 2021 Anti -Doping Rules Page 24 of 61 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 ITTF 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 the ITTF ’s Results Management process is underway , ITTF retains authority to complete its Results Management process.
If an Athlete or other Person retires before any Result s Management process has begun, and ITTF 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, ITTF 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, ITTF shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally I ndependent hearing panel in compliance with the Code and the International Standard for Results Management .
8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel ITTF has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti-Doping Division ( CAS ADD) as an appropriate independent forum .
The procedural rules of the arbitration shall be governed by the rules of the CAS ADD .
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 compliance with the Code and the International Standard for Results Management .
8.1.2 Hearing Process 8.1.2.1 When ITTF 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 its procedural rules and the principles described 34 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions.
Each decision by ITTF 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 duration of the period of Ine ligibility 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 Sample 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 the Athlete or other Person membership in a sports organization.]
ITTF 2021 Anti -Doping Rules Page 25 of 61 in Articles 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 subjec t to these Anti -Doping Rules may be conducted by an expedited process where permitted by CAS ADD.36 8.1.2.3 WADA, the Member Association and the National Anti -Doping Organization of the Athlete or other Person may attend the hearing as observers.
In any event, ITTF 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 includes 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 ITTF shall notify that decision to the Athlete or other Person and to other Anti-Doping Orga nizations 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 violation is asserted may waive a hearing expressly and agree with the Consequences proposed by ITTF .
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 twenty (20) days or the deadline otherwise specified in the notice sent by the ITTF asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation, and to have accepted the proposed Consequences .
8.3.3 In cases where Arti cle 8.3.1 or 8.3.2 applies, a hearing before CAS ADD shall not be required.
Instead ITTF 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 Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.