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14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to the Athlete or other Person .
If at an y point during Results Management up until the anti -doping rule violation charge, ITTF decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3.
Notice shall be delivered or emailed.
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In-Competition or Out-of-Competition , the date of Sampl e collection, the analytical result reported by the laboratory, and other information as required by the International Standard for Testing and Investigations and International Standard for Results Management .
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the asserted violation.
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti-Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.
ITTF 2021 Anti -Doping Rules Page 44 of 61 14.1.5 Confidentiality The recipient organizations s hall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , Member Association , until ITTF has made Public Disclosure as permitted by Article 14.3.
14.1.6 Protection of Confidential Information by an Employee or Agent of the ITTF ITTF shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3 .
ITTF shall ensure that its employees (whether permanent or otherwise), contractors, agents , consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosure of such confidential information.
14.2 Notice of Anti -Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7.
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if appli cable, a justification for why the maximum potential sanction was not imposed .
Where the decision is not in English or French, ITTF shall provide an English or French summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen ( 15) days of receipt, request a copy of the full case fi le pertaining to the decision.
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a potential anti -doping rule violation, the Prohibited Substance or Prohibited Method and the nature of the violation involved, and whether the Athlete or other Person is subject to a Provisional Suspension may be Publicly Disclosed by ITTF .
14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility , or reprimand, has b een imposed under Article 10.14.3, ITTF must Publicly Disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed.
ITTF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, inc luding the information described above .69 69 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicabl e laws, ITTF ’s failure to make the Public Disclosure will not result in a determination of non -compliance with Code as set forth in Article 4.1 of the International Standard for the Protection of Privacy and Personal Information.]
ITTF 2021 Anti -Doping Rules Page 45 of 61 14.3.3 After an anti -doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or th e assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, ITTF may make public such determination or decision and may comment publicly on the matter.
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed .
However, the decision itself and the underlying facts may not be Publicly D isclosed except with the consent of the Athlete or other Perso n who is the subject of the decision.
ITTF shall use reasonable efforts to obtain such consent , and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the ITTF ’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility .
14.3.6 Except as provided in Ar ticles 14.3.1 and 14.3.3, no Anti-Doping Organization , Member Association , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Athlete , other Person or their e ntourage or other representatives.
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti -doping rule violation is a Minor , Protected Person or Recreational Athlete .
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case.
14.4 Statistical Reporting ITTF shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA .
ITTF may also publish reports showing the name of each Athlete tested and the date of each Testing .
14.5 Doping Control Information Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , ITTF shall report to WADA through ADAMS Doping Control -related information, includ ing, in particular: (a) Athlete Biological Passport data for International -Level Athletes and National -Level Athletes , (b) Whereabouts information for Athletes including those in Registered Testing Pools , (c) TUE decisions, and (d) Results Management decisions, as required under the applicable International Standard(s) .
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure ITTF 2021 Anti -Doping Rules Page 46 of 61 that Athlete Biological Passport profiles are updated , ITTF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations.
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , ITTF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions .
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , ITTF shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related decisions for Adverse Analytical Findings ; (b) notifications and related decis ions for other anti -doping rule violations that are not Adverse Analytical Findings ; (c) whereabouts failures ; and (d) any decision imposing, lifting or reinstating a Provisional Suspension .
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Athlete .
14.6 Data Privacy 14.6.1 ITTF may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) , these Anti -Doping Rules , and in compliance with applicable law .
14.6.2 Without limiting the foregoing, ITTF shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Information, that their personal information may be processed by ITTF and other Person s for the purpose of the implementation of these Anti -Doping Rules ; (c) Ensure that any third -party agents (including any Delegated Third Party ) with whom ITTF shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.
14.7 Means of Notice 14.7.1 Any notice given under these Anti -Doping Rules shall be deemed to have been duly given as follows : (a) if delivered personally by hand against receipt, on the date of delivery; (b) if sent by registered post with acknowledgment of receipt or equivalent, on the date mentioned on the receipt (in accordance with local law); (c) if sent by email, on the day after the email is sent, provide d that ITTF must first ensure that the email address known for the recipient ( Athlete ITTF 2021 Anti -Doping Rules Page 47 of 61 or other Person ) is valid and current, such as by verifying that it is the email address directly provided by the Athlete or other Person (e.g.
through the DCF related to the Sample that is the subject of the notification or any other recent correspondence), or via the Athlete or other Person ’s member fed eration.
ITTF shall also request a delivery receipt when sending the email and, if possible, and depending on the recipient email, a “read receipt”.
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon ITTF and its Member Association s, as well as every Signatory in every sport with the effects described below: 15.1.1.1 A decisio n by any of the above -described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing , expedited hea ring or expedited appeal offered in accordance with Article 7.4.3) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension .
15.1.1.2 A decision by any of the above -described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineligibility .
15.1.1.3 A decision by any of the abo ve-described bodies accepting an anti-doping rule violation automatically binds all Signatories .
15.1.1.4 A decision by any of the above -described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.
15.1.2 ITTF and its Member Association s shall recognize and implement a decision and i ts effects as required by Article 15.1.1, without any further action required, on the earlier of the date ITTF receives actual notice of the decision or the date the decision is placed into ADAMS .
15.1.3 A decision by an Anti-Doping Organization , a nati onal appellate body or CAS to suspend, or lift, Consequences shall be binding upon ITTF and its Member Association s without any further action required, on the earlier of the date ITTF receives actual notice of the decision or the date the decision is placed into ADAMS .
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti-doping rule violation by a Major Event Organization made in an expedited proces s during an Event shall not be binding on ITTF or its Member Association s unless the rules of the Major Event Organization ITTF 2021 Anti -Doping Rules Page 48 of 61 provide the Athlete or other Person with an opportunity to an appeal under non-expedited procedures .70 15.2 Implementation of Other Decisions by Anti-Doping Organizations ITTF and its Member Association s may decide to implement other anti -doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person .71 15.3 Implementation of Decisions by Body that is not a Signatory An anti -doping decision by a body that is not a Signatory to the Code shall be implemented by ITTF and its Member Association s, if ITTF finds that the decision purports to be within the authority of that body and the anti -doping rules of that body are otherwise consistent with the Code .72 ARTICLE 16 STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti -doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.
ARTICLE 17 EDUCATION ITTF shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education .
ITTF may decide to request that Athletes to complete Educational activities before and/or during their participation in select Event (e.g.
: World Youth Championships) as a condition of such participation .
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on ITTF ’s website.
Failure by the Athlete to complete Educational activities as requested by ITTF may result in the imposition of sanction under ITTF 's disciplinary rules , unless the Athlete provide s to ITTF a justification for such failure, which shall be assessed by ITTF on a case by case basis .
70 [Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Athlete or other Perso n chooses the expedited appeal option.]
71 [Comment to Articles 15.1 and 15.2: Anti -Doping Organization decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part.
For example, when a National Anti- Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level.
To be clear, the “decision” is the one made by the National Anti -Doping Organization, there is not a separ ate decision to be made by the International Federation.
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organization.
Implementation of Anti-Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion.
A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlyin g decision.
The extent of recognition of TUE decisions of other Anti -Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.]
72 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects C ode compliant and in other respects not Code compliant, ITTF, other Signatories and Member Associations should attempt to apply the decision in harmony with the principles of the Code.
For example, if in a process consistent with the Code a non -Signatory has found an Athlete to have committed an anti -doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then ITTF and all ot her Signatories should recognize the finding of an anti -doping rule violation and the Athlete’s National Anti -Doping Organization should conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provi ded in the Cod e should be imposed.
ITTF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealable under Article 13.]
ITTF 2021 Anti -Doping Rules Page 49 of 61 ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER ASSOCIATION S 18.1 All Member Association s and their members shall comply with the Code, International Standards , and these Anti -Doping Rules.
All Member Association s and other members shall include in their policies, rules and programs the provisions necessary to ensure that ITTF may enforce these Anti -Doping Rules (including carrying out Testing ) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their anti-doping authority as specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”) .
18.2 Each Member Association shall incorporate t hese Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the Member Association may enforce them itself directly in respect of Athletes (including National -Level Athletes ) and other Persons under its anti -doping authority .
18.3 By adopting these Anti -Doping Rules and incorporating them into their governing documents and rules of sport, Member Association s shall cooperate with and support ITTF in that function .
They shall also recognize, abide by and implement the decisions made p ursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority.
18.4 All Member Association s shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti-Doping Rules by inter alia : (i) conducting Testing only under the document ed authority of ITTF and us ing their National Anti -Doping Organization or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations ; (ii) recognizing the authority of the National Anti -Doping Organization in their country in accordance with Article 5.2.1 of the Code and assist ing as appropriate with the National Anti -Doping Organization’s implementation of the national Testing program for their sport; (iii) analyzing all Samples collected using a WADA -accredited or WADA -approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national level anti-doping rule violation cases discovered by Member Association s are adjudicate d by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management .
18.5 All Member Association s shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a Member Association or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management authority of the Anti-Doping Organization in conformity with the Code as a condition of such participation.
18.6 All Member Association s shall report any information suggesting or relating to an anti -doping rule violation to ITTF and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investig ation.
18.7 All Member Association s shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of ITTF or the Member Association .
ITTF 2021 Anti -Doping Rules Page 50 of 61 18.8 All Member Association s shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations.
ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF ITTF 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, ITTF shall report to WADA on ITTF’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code .
19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code , all ITTF board members, directors, officers, employees and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by ITTF, agreeing to be bound by these Anti -Doping Rules as Persons in conformity with the Code for direct and intentional misconduct.
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any ITTF employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by ITTF confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti -doping rules if Code -compliant rules had been applicable to them.
ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules.
20.2 To be available for Sample collection at all times.73 20.3 To take responsibility, in the context of anti -doping, for what the y ingest and Use.
20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules.
20.5 To disclose to ITTF and their National Anti -Doping Organization any decision by a non -Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years.
20.6 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating anti-doping rule violations may result in a charge of misconduct under ITTF 's disciplinary rules.
20.7 To disclose the identity of their Athlete Support Personnel upon request by ITTF or a Member Association , or any other Anti-Doping Organization with authority over the Athlete .
20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under ITTF 's disciplinary rules.
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT 73 [Comment to Article 20.2: With due regard to an Athlete’s human rights and pr ivacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning.
For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.]
ITTF 2021 Anti -Doping Rules Page 51 of 61 PERSONNEL 21.1 To be knowledgeable of and comply with these Anti-Doping Rules.
21.2 To cooperate with the Athlete Testing program.
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes.
21.4 To disclose to ITTF and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
21.5 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any Athlete Support Perso nnel to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under ITTF 's disciplinary rules.
21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under ITTF 's disciplinary rule s. 21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in a charge of misconduct under ITTF 's disciplinary rules.
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THES E ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti -Doping Rules.
22.2 To disclose to ITTF and their National Anti -Doping Organization any decision by a non -Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
22.3 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under ITTF 's disciplinary rules.
22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge of misconduct under ITTF 's disciplinary rules.
ARTICLE 2 3 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
23.2 The comments annotating various provisions of the Code shall be used to interpret the Code .
23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.