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ITTF 2021 Anti -Doping Rules Page 52 of 61 23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5 Where the term “days” is used in the Code or an International Standard , it shall mean calendar days unless otherwise sp ecified.
23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
However, pre -Code anti-doping rule violations would continue to count as "First violations" or "Secon d violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.
23.7 The Purpose, Scope and Organization of the World Anti -Doping Program and the Code and Appendix 1, Definitions , and Appendix 2, Examples of the A pplication of Article 10, shall be considered integral parts of the Code .
ARTICLE 2 4 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti -Doping Rules, it shall mean calendar days unless otherwise specified.
24.2 These Anti -Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International St andards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .
The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.
24.4 The Introduction and Appendix 1 shall be considered integral part s of these Anti -Doping Rules.
24.5 The comments annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.
24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”) .
They repeal previous version s of ITTF ’s Anti -Doping Rules .
24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date .
However: 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of de termining sanctions under Article 10 for violations taking place after the Effective Date.
24.7.2 Any anti -doping rule violation case which is pending as of the Effective Date and any anti -doping rule violation case brought after the Effective Date based on an anti -doping rule violation which occurred prior to the Effective Date , shall be governed by the substantive anti -doping rules in effect at the time the alleged anti -doping rule violation occurred, and not by the substantive anti-doping rules se t out in these Anti -Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these purposes, the retrospective periods in which prior violations can be considere d for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 1 6 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural ITTF 2021 Anti -Doping Rules Page 53 of 61 rules in these Anti -Doping Rules (provided, however, that Article 1 6 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).
24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve ( 12) months after it occurred .
24.7.4 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to ITTF or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.
Such application must be mad e before the period of Ineligibility has expired.
The decision rendered may be appealed pursuant to Article 13.2.
These Anti -Doping Rules shall have no application to any case where a final decision finding an anti -doping rule violation has been rendered a nd the period of Ineligibility has expired.
24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti -Doping Rules been applicable, shall be applied .74 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to ITTF or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List .
74 [Comment to Article 24.7.5: Other than the situation described in Article 24.7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served , these Anti -Doping Rules may not be used to re -characterize the prior violation.]
ITTF 2021 Anti -Doping Rules Page 54 of 61 APPENDIX 1 DEFINITIONS75 ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legisl ation.
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions invo lving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Sta ndard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards .
Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or commit ted multiple other anti -doping rule violations; a normal individual would be likely to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in de ceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation; or the Athlete or other Person engaged in Tampering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities related to anti -doping to be carried out by or on behalf of an Anti-Doping Organization , as set out in the Code and/or the International Standards .
Anti-Doping Organization : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizatio ns that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .
Athlete : Any Person who competes in sport at the international level (as defined by each International Federation ) or the national level (as defined by each National Anti -Doping Organization ).
An Anti-Doping Organization has discretion to apply anti -doping rules to an Athlet e who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “Athlete ”.
In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .
However, if an Article 2.1, 2.3 or 2.5 anti -doping r ule violation is committed by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code 75 [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
ITTF 2021 Anti -Doping Rules Page 55 of 61 must be applied.
For purposes of Article 2.8 and Article 2.9 and for purposes of anti -doping information and Education , any Person who participates in sport under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .76 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel : Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition .
Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .
Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding .
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards .
CAS: The Court of Arbitration for Sport.
Code : The World Anti -Doping Code .
Competition : A single race, match, game or singular sport contest.
For example, a basketball game or the finals of the Olympic 100 -meter race in athletics.
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provi ded in the rules of ITTF .
A Competition is an event for Singles, Doubles Pairs or Teams.
Continental and Regional Federations : Groups of ITTF Member Associations recognized by the ITTF to which the ITTF can delegate the organization of certain Continental or Regional events .
Consequences of Anti -Doping Rule Violations (“Consequences ”): An Athlete's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti -doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14; (c) Provis ional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti -doping rule violation or to recover costs associated with an anti -doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyon d those Persons entitled to earlier notification in accordance with Article 14.
Teams in Team Sports may also be subject to Consequences as provided in Article 11.
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.
Decision Limit : The value of the result for a threshold substance in a Sample , above which an Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories.
76 [Comment to Athlete: In dividuals who participate in sport may fall in one of five categories: 1) International -Level Athlete, 2) National -Level Athlete, 3) individuals who are not International - or National -Level Athletes but over whom the International Federation or National An ti-Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federation or National Anti -Doping Organization has, or has chosen to, exercise authority.
All International - and National -Level Athletes are subject to the anti -doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti -doping rules of the International Federations and National Anti -Doping Organizations.]
ITTF 2021 Anti -Doping Rules Page 56 of 61 Delegated Third Party : Any Person to which ITTF delegates any aspect of Doping Control or anti -doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti -doping Educational programs for ITTF , or individuals serving as independent contractors who pe rform Doping Control services for ITTF (e.g., non -employee Doping Control officers or chaperones) .
This definition does not include CAS.
Disqualification : See Consequences of Anti -Doping Rule Violations above.
Doping Control : All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to Testing , investigation s, whereabouts, TUEs, Sample collection and handling, laboratory analysis, Results Management , and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension ).
Doubles Pair: Set of two table tennis players associated to compete together according to the table tennis rules for doubles events.
Education : The process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintenti onal doping.
Event : A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, World Championships of an International Federation, or Pan American Games).
Event Period : The time between the beginning and end of an Event , as established by the ruling body of the Event .
For ITTF, the Event Period is considered the period which starts at 11:59 p.m. of the day before the Event and finishes at 11:59 p.m. of the day on which the Event ends.
Event Venues : Those venues so designated by the ruling body for the Event .
For ITTF, it means that part of the event building used for Table Tennis and its related activities (including off icial training) , facilities and public area s. Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing an Athlete ’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether t he Athlete or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk.
In assessing the Athlete’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Athlete’s or other Person ’s departure from the expected standard of behavior.
Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility , or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.77 Financial Consequences : See Consequences of Anti -Doping Rule Violations above.
In-Competition : The period commencing at 11: 59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .78 Independent Observer Program : A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
77 [Comment to Fault: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to b e considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
78 [Comment to In -Competition: Having a universally accepted definition for In -Competition provides greater harmonization among Athletes ac ross all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In -Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any potential performa nce enhancement benefits from substances prohibited Out -of-Competition being carried over to the Competition period.]
ITTF 2021 Anti -Doping Rules Page 57 of 61 Individual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsi ble for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization , or another international sport organizatio n is the ruling body for the Event or appoints the technical officials for the Event .
International -Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
For the sport of table tennis , International -Level Athletes are defined as set out in the Scope section of the Introduction to these Anti -Doping Rules.79 International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued p ursuant to the International Standard .
Major Event Organizations : The continental associations of National Olympic Committees and other international multi -sport organizations that function as the ruling body for any continental, regional or other International Event .
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method .
Metabolite : Any substance produced by a biotransformation process.
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding .
Minor : A natural Person who has not reached the age of eighteen (18) years.
National Anti -Doping Organization : The entity(ies ) designated by each country as possessing the primary authority and responsibility to adopt and implement anti -doping rules, direct the collection of Samples , the management of test results, and the conduct of hearings at the national level.
If this desig nation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
National Event : A sport Event or Competition involving International - or National -Level Athletes that is not an International Event .
Member Association : A national or regional entity which is a member of or is recognized by ITTF as the entity governing ITTF 's sport in that nation or region.
National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization , consistent with the International Standard for Testing and Investigations.
79 [Comment to International -Level Athlete : Consistent with the International Standard for Testing and Investigations, ITTF is free to determine the criteria it will use to classify Athletes as International -Level Athletes, e.g., by ranking, by participation in particular International Events, by t ype of license, etc.
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International -Level Athletes.
For example, if the criteria include partici pation in certain International Events, then the International Federation must publish a list of those International Events.]