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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.
]World Anti-Doping Code 20211 PARTDoping Control404.4.8 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping Organization and/or the International Federation affected, exclusively to CAS.4.4.9 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.4.5 Monitoring ProgramWADA , in consultation with Signatories and governments, shall establish a monitoring program regarding substances which are not on the Prohibited List, but which WADA wishes to monitor in order to detect potential patterns of misuse in sport.
In addition, WADA may include in the monitoring program substances that are on the Prohibited List, but which are to be monitored under certain circumstances—e.g., Out-of-Competition Use of some substances prohibited In-Competition only or the combined Use of multiple substances at low doses (“stacking”)—in order to establish prevalence of Use or to be able to implement adequate decisions in regards to their analysis by laboratories or their status within the Prohibited List.WADA shall publish the substances that will be monitored.33 Laboratories will report the instances of reported Use or detected presence of these substances to WADA .
WADA shall make available to International Federations and National Anti-Doping Organizations, on at least an annual basis, aggregate information by sport regarding the monitored substances.
Such monitoring program reports shall not contain additional details that 33 [Comment to Article 4.5: In order to improve the efficiency of the monitoring program, once a new substance is added to the published monitoring program, laboratories may re-process data and Samples previously analyzed in order to determine the absence or presence of any new substance.
]ARTICLE 4 The Prohibited ListARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202141could link the monitoring results to specific Samples.
WADA shall implement measures to ensure that strict anonymity of individual Athletes is maintained with respect to such reports.
The reported Use or detected presence of a monitored substance shall not constitute an anti-doping rule violation.ARTICLE 5 TESTING AND INVESTIGATIONS5.1 Purpose of Testing and InvestigationsTesting and investigations may be undertaken for any anti-doping purpose.345.1.1 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) of the Code.5.2 Authority to TestAny Athlete may be required to provide a Sample at any time and at any place by any Anti-Doping Organization with Testing authority over him or her.35 Subject to the limitations for Event Testing set out in Article 5.3:34 [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.]
35 [Comment to Article 5.2: Additional authority to conduct Testing may be conferred by means of bilateral or multilateral agreements among Signatories.
Unless the Athlete has identified a sixty-minute Testing window during the following described time period, or otherwise consented to Testing during that period, before Testing an Athlete between the hours of 11:00 p.m. and 6:00 a.m., an Anti-Doping Organization should have serious and specific suspicion that the Athlete may be engaged in doping.
A challenge to whether an Anti-Doping Organization had sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test or attempted test.
]World Anti-Doping Code 20211 PARTDoping Control425.2.1 Each National Anti-Doping Organization shall have In-Competition and Out-of-Competition Testing authority over all Athletes who are nationals, residents, license-holders or members of sport organizations of that country or who are present in that National Anti-Doping Organization’s country.5.2.2 Each International Federation shall have In-Competition and Out-of-Competition Testing authority over all Athletes who are subject to its rules, including those who participate in International Events or who participate in Events governed by the rules of that International Federation, or who are members or license-holders of that International Federation or its member National Federations, or their members.5.2.3 Each Major Event Organization, including the International Olympic Committee and the International Paralympic Committee, shall have In-Competition Testing authority for its Events and Out-of-Competition Testing authority over all Athletes entered in one of its future Events or who have otherwise been made subject to the Testing authority of the Major Event Organization for a future Event.5.2.4 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10.5.2.5 Anti-Doping Organizations may test any Athlete over whom they have Testing authority who has not retired, including Athletes serving a period of Ineligibility.5.2.6 If an International Federation or Major Event Organization delegates or contracts any part of Testing to a National Anti-Doping Organization directly or through a National Federation, 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 ARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202143additional Samples are collected or additional types of analysis are performed, the International Federation or Major Event Organization shall be notified.5.3 Event Testing5.3.1 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, the international organization which is the ruling body for the Event (e.g., the International Olympic Committee for the Olympic Games, the International Federation for a World Championship and Panam Sports for the Pan American Games) 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 the ruling body for an Event, any Testing during the Event Period outside of the Event Venues shall be coordinated with that ruling body.365.3.2 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 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 the ruling body of the Event, the Anti-Doping Organization may, in accordance with procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to 36 [Comment to Article 5.3.1: Some ruling bodies for International Events may be doing their own Testing outside of the Event Venues during the Event Period and thus want to coordinate that Testing with National Anti-Doping Organization Testing.
]World Anti-Doping Code 20211 PARTDoping Control44determine how to coordinate such Testing.
WADA shall not grant approval for such Testing before consulting with and informing 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.375.4 Testing Requirements5.4.1 Anti-Doping Organizations 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 InformationAthletes who have been included in a Registered Testing Pool by their International Federation and/or National Anti-Doping Organization shall provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2.
The International Federations 37 [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.
]ARTICLE 5 Testing and InvestigationsWorld Anti-Doping Code 202145and National Anti-Doping Organizations shall coordinate the identification of such Athletes and the collection of their whereabouts information.
Each International Federation and National Anti-Doping Organization shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name.
Athletes shall be notified before they are included in a Registered Testing Pool and when they are removed from that pool.
The whereabouts information they provide while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test the Athlete as provided in Article 5.2.
Whereabouts information shall be maintained in strict confidence at all times; shall be used exclusively for purposes of planning, coordinating 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 alleging 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.
Anti-Doping Organizations 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 and impose appropriate and proportionate non-Code Article 2.4 consequences under their own rules.5.6 Retired Athletes Returning to Competition5.6.1 If an International- or National-Level Athlete in a Registered Testing Pool retires and then wishes to return to active participation 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-months prior written notice to their International Federation and National Anti-Doping Organization.
WADA , in consultation World Anti-Doping Code 20211 PARTDoping Control46with the relevant International Federation and National Anti-Doping Organization, may grant an exemption to the six-month written notice rule where the strict application of that rule would be unfair to an Athlete.
This decision may be appealed under Article 13.385.6.1.1 Any competitive results obtained in violation of 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-month 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) months) to the Athlete’s International Federation and National Anti-Doping Organization.5.7 Investigations and Intelligence GatheringAnti-Doping Organizations shall have the capability to conduct, and shall conduct, investigations and gather intelligence as required by the International Standard for Testing and Investigations.ARTICLE 5 Testing and InvestigationsARTICLE 6 Analysis of Samples38 [Comment to Article 5.6.1: Guidance for determining whether an exemption is warranted will be provided by WADA.
]World Anti-Doping Code 202147ARTICLE 6 ANALYSIS OF SAMPLESSamples shall be analyzed in accordance with the following principles:6.1 Use of Accredited, Approved Laboratories and Other LaboratoriesFor 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 the Anti-Doping Organization responsible for Results Management.396.1.1 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.39 [Comment to Article 6.1: For cost and geographic access reasons, WADA may approve laboratories which are not WADA-accredited to perform particular analyses, for example, analysis of blood which should be delivered from the collection site to the laboratory within a set deadline.
Before approving any such laboratory, WADA will ensure it meets the high analytical and custodial standards required by WADA.
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.
]World Anti-Doping Code 20211 PARTDoping Control486.2 Purpose of Analysis of Samples and DataSamples 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 Article 4.5, or to assist an Anti-Doping Organization 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.40 6.3 Research on Samples and DataSamples, 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.41 Any research involving Samples and related analytical data or Doping Control information shall adhere to the principles set out in Article 19.40 [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.
See also Comments to Articles 5.1 and 23.2.2.
]41 [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 populations 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, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.
]ARTICLE 6 Analysis of SamplesWorld Anti-Doping Code 2021496.4 Standards for Sample Analysis and Reporting42Laboratories shall analyze Samples and report results in conformity with the International Standard for Laboratories.6.4.1 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 the Anti-Doping Organization that initiated and directed Sample collection.
Results from any such analysis shall be reported to that Anti-Doping Organization and have the same validity and Consequences as any other analytical result.6.5 Further Analysis of a Sample Prior to or During Results ManagementThere shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time an Anti-Doping Organization notifies an Athlete that the Sample is the basis for an Article 2.1 anti-doping rule violation charge.
If after such notification the Anti-Doping Organization 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 ChargeAfter 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 42 [Comment to Article 6.4: The objective of this Article 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 are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed.
]World Anti-Doping Code 20211 PARTDoping Control50time 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 initiated 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.
Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.6.7 Split of A or B SampleWhere 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 the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.ARTICLE 6 Analysis of SamplesWorld Anti-Doping Code 2021516.8 WADA ’s Right to Take Possession of Samples and DataWADA 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 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.43 If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and to 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 Sample or data if a potential anti-doping rule violation is discovered.4443 [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.
]44 [Comment to Article 6.8: WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti-doping rule violation, non-compliance by a Signatory or doping activities by another Person.
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge.
In particular, whether there is good cause or not shall not be a defense against an anti-doping rule violation or its Consequences.
]World Anti-Doping Code 20211 PARTDoping Control52ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS45Results Management under the Code (as set forth in Articles 7, 8 and 13) establishes a process designed to resolve anti-doping rule violation matters in a fair, expeditious and efficient manner.
Each Anti-Doping Organization conducting Results Management shall establish a process for the pre-hearing administration of potential anti-doping rule violations that respects the principles set forth in this Article.
While each Anti-Doping Organization is permitted to adopt and implement its own Results Management process, Results Management for every Anti-Doping Organization shall at a minimum meet the requirements set forth in the International Standard for Results Management.7.1 Responsibility for Conducting Results ManagementExcept as otherwise provided in Articles 6.6, 6.8 and 7.1.3 through 7.1.5 below, 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 45 [Comment to Article 7: Various Signatories have created their own approaches to Results Management.
While the various approaches have not been entirely uniform, many have proven to be fair and effective systems for Results Management.
The Code does not supplant each of the Signatories’ Results Management systems.
This Article and the International Standard for Results Management do, however, specify basic principles in order to ensure the fundamental fairness of the Results Management process which must be observed by each Signatory.
The specific anti-doping rules of each Signatory shall be consistent with these basic principles.
Not all anti-doping proceedings which have been initiated by an Anti-Doping Organization need to go to hearing.
There may be cases where the Athlete or other Person agrees to the sanction which is either mandated by the Code or which the Anti-Doping Organization considers appropriate where flexibility in sanctioning is permitted.
In all cases, a sanction imposed on the basis of such an agreement will be reported to parties with a right to appeal under Article 13.2.3 as provided in Article 14 and published as provided in Article 14.3 .
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 202153pursues that anti-doping rule violation).
Regardless of which organization conducts Results Management, it shall respect the Results Management principles set forth in this Article, Article 8, Article 13 and the International Standard for Results Management, and each Anti-Doping Organization’s rules shall incorporate and implement the rules identified in Article 23.2.2 without substantive change.7.1.1 If a dispute arises between Anti-Doping Organizations over which Anti-Doping Organization has Results Management responsibility, WADA shall decide which organization has such responsibility.
WADA ’s decision may be appealed to CAS within seven (7) days of notification of the WADA decision by any of the Anti-Doping Organizations involved in the dispute.
The appeal shall be dealt with by CAS in an expedited manner and shall be heard before a single arbitrator.
Any Anti-Doping Organization seeking to conduct Results Management outside of the authority provided in this Article 7.1 may seek approval to do so from WADA .7.1.2 Where a National Anti-Doping Organization elects to collect additional Samples pursuant to Article 5.2.6, then it shall be considered the Anti-Doping Organization that initiated and directed Sample collection.
However, where the National Anti-Doping Organization only directs the laboratory to perform additional types of analysis at the National Anti-Doping Organization’s expense, then the International Federation or Major Event Organization shall be considered the Anti-Doping Organization that initiated and directed Sample collection.
7.1.3 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 World Anti-Doping Code 20211 PARTDoping Control54organization of that country, or the National Anti-Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the International Federation.
For Results Management purposes, for a test or a further analysis conducted by WADA on its own initiative, or an anti-doping rule violation discovered by WADA , WADA shall designate an Anti-Doping Organization with authority over the Athlete or other Person.467.1.4 For Results Management 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 Major Event Organization for that Event shall assume Results Management responsibility to at least the limited extent of conducting a hearing to determine whether an anti-doping rule violation was committed and, if so, the applicable Disqualifications under Articles 9 and 10.1, any forfeiture of any medals, points, or prizes from that Event, and any recovery of costs applicable to the anti-doping rule violation.
In the event the Major Event Organization assumes only limited Results Management responsibility, the case shall be referred by the Major Event Organization to the applicable International Federation for completion of Results Management.46 [Comment to Article 7.1.3: The Athlete’s or other Person’s International Federation has been made the Anti-Doping Organization of last resort for Results Management to avoid the possibility that no Anti-Doping Organization would have authority to conduct Results Management.
An International Federation is free to provide in its own anti-doping rules that the Athlete’s or other Person’s National Anti-Doping Organization shall conduct Results Management.
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 2021557.1.5 WADA may direct an Anti-Doping Organization with Results Management authority to conduct Results Management in a particular case.
If that Anti-Doping Organization 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 the refusing Anti-Doping Organization or, if there is no such Anti-Doping Organization, any other Anti-Doping Organization that is willing to do so.
In such case, the refusing Anti-Doping Organization shall reimburse the costs and attorney 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.477.1.6 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by the International Federation or the National Anti-Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management.
The Anti-Doping Organization that determines a filing failure or a missed test shall submit that information to WADA through ADAMS, where it will be made available to other relevant Anti-Doping Organizations.47 [Comment to Article 7.1.5: Where WADA directs another Anti-Doping Organization to conduct Results Management or other Doping Control activities, this is not considered a “delegation” of such activities by WADA.
]World Anti-Doping Code 20211 PARTDoping Control567.2 Review and Notification Regarding Potential Anti-Doping Rule ViolationsReview and notification with respect to a potential anti-doping rule violation shall be carried out in accordance with the International Standard for Results Management.
7.3 Identification of Prior Anti-Doping Rule ViolationsBefore giving an Athlete or other Person notice of a potential anti-doping rule violation as provided above, the Anti-Doping Organization shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule violation exists.7.4 Principles Applicable to Provisional Suspensions487.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport FindingThe Signatories described below in this paragraph shall adopt rules providing that when an Adverse Analytical Finding or Adverse Passport Finding (upon completion of the Adverse Passport Finding 48 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by an Anti-Doping Organization, the internal review specified in the Code must first be completed.
In addition, the Signatory imposing a Provisional Suspension shall ensure that the Athlete is given an opportunity for a Provisional Hearing either before or promptly after the imposition of the Provisional Suspension, or an expedited final hearing under Article 8 promptly after imposition of the Provisional Suspension.
The Athlete has a right to appeal under Article 13.2.3.In the rare circumstance where the B Sample analysis does not confirm the A Sample finding, the Athlete who had been Provisionally Suspended will be allowed, where circumstances permit, to participate in subsequent Competitions during the Event.
Similarly, depending upon the relevant rules of the International Federation in a Team Sport, if the team is still in Competition, the Athlete may be able to take part in future Competitions.Athletes and other Persons shall receive credit for a Provisional Suspension against any period of Ineligibility which is ultimately imposed or accepted as provided in Article 10.13.2.
]ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 202157review process) is received for a Prohibited Substance or a Prohibited Method, other than a Specified Substance or Specified Method, a Provisional Suspension shall be imposed promptly upon or after the review and notification required by Article 7.2: where the Signatory is the ruling body of an Event (for application to that Event); where the Signatory is responsible for team selection (for application to that team selection); where the Signatory is the applicable International Federation; or where the Signatory is another Anti-Doping Organization which has Results Management authority over the alleged anti-doping rule violation.
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the hearing panel 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.
A hearing body’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 ViolationsA Signatory may adopt rules, applicable to any Event for which the Signatory is the ruling body or to any team selection process for which the Signatory is responsible or where the Signatory is the applicable International Federation or has Results Management authority over the alleged anti-doping rule violation, permitting Provisional Suspensions to be imposed for anti-doping rule violations not covered by Article 7.4.1 prior to analysis of the Athlete’s B Sample or final hearing as described in Article 8 .World Anti-Doping Code 20211 PARTDoping Control587.4.3 Opportunity for Hearing or AppealNotwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the rules of the Anti-Doping Organization provide the Athlete or other Person with: (a) an opportunity for a Provisional Hearing, either before the imposition of the Provisional Suspension or on a timely basis after the imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after imposition of a Provisional Suspension.
The rules of the Anti-Doping Organization shall also provide an opportunity for an expedited appeal against the imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, in accordance with Article 13.7.4.4 Voluntary Acceptance of Provisional SuspensionAthletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample) or ten (10) days from the notice of any other anti-doping rule violation, or (ii) the date on which the Athlete first competes after such report or notice.
Other Persons on their own initiative may voluntarily accept a 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 manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension, the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any credit for time previously served during the Provisional Suspension.ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsWorld Anti-Doping Code 2021597.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if requested by the Athlete or Anti-Doping Organization) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1.
In circumstances where the Athlete (or the Athlete’s team as may be provided in the rules of the applicable Major Event Organization or International Federation) 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, if, without otherwise affecting the Event, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Event.7.5 Results Management Decisions7.5.1 Results Management decisions or adjudications by Anti-Doping Organizations, must not purport to be limited to a particular geographic area or sport and shall address and determine without limitation the following issues: (i) whether an anti-doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Code Articles violated, and (ii) all Consequences flowing from the anti-doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences, except that Major Event Organizations shall not be required to determine Ineligibility or Financial Consequences beyond the scope of their Event.4949 [Comment to Article 7.5.1: Results Management decisions include Provisional Suspensions.
]World Anti-Doping Code 20211 PARTDoping Control607.5.2 A Results Management decision or adjudication by a Major Event Organization in connection with one of its Events may be limited in its scope but shall address and determine, at a minimum, the following issues: (i) whether an anti-doping rule violation was committed, the factual basis for such determination, and the specific Code Articles violated, and (ii) applicable Disqualifications under Articles 9 and 10.1, with any resulting forfeiture of medals, points and prizes.
In the event a Major Event Organization accepts only limited responsibility for Results Management decisions, it must comply with Article 7.1.4.507.6 Notification of Results Management DecisionsAthletes, other Persons, Signatories and WADA shall be notified of Results Management decisions as provided in Article 14 and the International Standard for Results Management.ARTICLE 7 Results Management: Responsibility, Initial Review, Notice and Provisional SuspensionsARTICLE 8 Results Management: Right to a Fair Hearing and Notice of Hearing Decision50 [Comment to Article 7.5.2: With the exception of Results Management decisions by Major Event Organizations, each decision by an Anti-Doping Organization 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 ruling 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.