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20.5.16 To take appropriate action to discourage non-compliance with the Code and the International Standards (a) by Signatories, in accordance with Article 24.1 and the International Standard for Code Compliance by Signatories and (b) by any other sporting body over which it has authority, in accordance with Article 12.20.6 Roles and Responsibilities of Major Event Organizations20.6.1 To adopt and implement anti-doping policies and rules for its Events which conform with the Code and the International Standards.World Anti-Doping Code 2021132Roles andResponsibilities3 PART20.6.2 To take appropriate action to discourage non-compliance with the Code and the International Standards (a) by Signatories, in accordance with Article 24.1 and the International Standard for Code Compliance by Signatories, and (b) by any other sporting body over which it has authority, in accordance with Article 12.20.6.3 To authorize and facilitate the Independent Observer Program.20.6.4 To require all Athletes preparing for or participating in the Event, and all Athlete Support Personnel associated with such Athletes, to agree to and be bound by anti-doping rules in conformity with the Code as a condition of such participation or involvement.20.6.5 Subject to applicable law, as a condition of such position or involvement, to require all of its board members, directors, officers, and those employees (and those of appointed Delegated Third Parties), who are involved in any aspect of Doping Control, to agree to be bound by anti-doping rules as Persons in conformity with the Code for direct and intentional misconduct, or to be bound by comparable rules and regulations put in place by the Signatory.
20.6.6 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has directly and 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 such Person.20.6.7 To vigorously pursue all potential anti-doping rule violations within its authority including investigation into whether Athlete Support ARTICLE 20 Additional Roles and Responsibilities of Signatories and WADAWorld Anti-Doping Code 2021133Personnel or other Persons may have been involved in each case of doping.20.6.8 To plan, implement, evaluate and promote anti-doping Education in line with the requirements of the International Standard for Education.20.6.9 To accept bids for Events only from countries where the government has ratified, accepted, approved or acceded to the UNESCO Convention, and (where required under Article 24.1.9) to not accept bids for Events from countries where the National Olympic Committee, the National Paralympic Committee and/or the National Anti-Doping Organization is not in compliance with the Code or the International Standards.20.6.10 To cooperate with relevant national organizations and agencies and other Anti-Doping Organizations.20.6.11 To respect the operational independence of laboratories as provided in the International Standard for Laboratories.20.6.12 To adopt a policy or rule implementing Article 2.11.
20.7 Roles and Responsibilities of WADA20.7.1 To accept the Code and commit to fulfill its roles and responsibilities under the Code through a declaration approved by WADA ’s Foundation Board.10620.7.2 To adopt and implement policies and procedures which conform with the Code and the International Standards.20.7.3 To provide support and guidance to Signatories in their efforts to comply with the Code and the International Standards and monitor such compliance in accordance with Article 24.1 of the Code and the International Standard for Code Compliance by Signatories.106 [Comment to Article 20.7.1: WADA cannot be a Signatory because of its role in monitoring Signatory compliance with the Code.
]World Anti-Doping Code 2021134Roles andResponsibilities3 PART20.7.4 To approve International Standards applicable to the implementation of the Code.20.7.5 To accredit and reaccredit laboratories to conduct Sample analysis or to approve others to conduct Sample analysis.
20.7.6 To develop and publish guidelines and models of best practice.20.7.7 To submit to the WADA Executive Committee for approval, upon the recommendation of the WADA Athletes Committee the Athletes’ Anti-Doping Rights Act which compiles in one place those Athletes’ rights which are specifically identified in the Code and International Standards, and other agreed upon principles of best practice with respect to the overall protection of Athletes’ rights in the context of anti-doping.20.7.8 To promote, conduct, commission, fund and coordinate anti-doping research and to promote anti-doping Education.20.7.9 To design and conduct an effective Independent Observer Program and other types of Event advisory programs.20.7.10 To conduct, in exceptional circumstances and at the direction of the WADA Director General, Testing on its own initiative or as requested by other Anti-Doping Organizations, and to cooperate with relevant national and international organizations and agencies, including but not limited to, facilitating inquiries and investigations.10720.7.11 To approve, in consultation with International Federations, National Anti-Doping Organizations, and Major Event Organizations, defined Testing and Sample analysis programs.ARTICLE 20 Additional Roles and Responsibilities of Signatories and WADA107 [Comment to Article 20.7.10: WADA is not a Testing agency, but it reserves the right, in exceptional circumstances, to conduct its own tests where problems have been brought to the attention of the relevant Anti-Doping Organization and have not been satisfactorily addressed.
]World Anti-Doping Code 202113520.7.12 Subject to applicable law, as a condition of such position or involvement, to require all of its board members, directors, officers, and those employees (and those of appointed Delegated Third Parties), who are involved in any aspect of Doping Control, to agree to be bound by anti-doping rules as Persons in conformity with the Code for direct and intentional misconduct, or to be bound by comparable rules and regulations put in place by the Signatory.
20.7.13 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has directly and 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 such Person.20.7.14 To initiate its own investigations of anti-doping rule violations, non-compliance of Signatories and WADA -accredited laboratories, and other activities that may facilitate doping.20.8 Cooperation Regarding Third Party RegulationsSignatories shall cooperate with each other, WADA and governments to encourage professional associations and institutions with authority over Athlete Support Personnel who are otherwise not subject to the Code to implement regulations prohibiting conduct which would be considered an anti-doping rule violation if committed by Athlete Support Personnel who are subject to the Code.World Anti-Doping Code 2021136Roles andResponsibilities3 PARTARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES AND OTHER PERSONS21.1 Roles and Responsibilities of Athletes21.1.1 To be knowledgeable of and comply with all applicable anti-doping policies and rules adopted pursuant to the Code.21.1.2 To be available for Sample collection at all times.10821.1.3 To take responsibility, in the context of anti-doping, for what they ingest and Use.21.1.4 To inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules adopted pursuant to the Code.21.1.5 To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten (10) years.21.1.6 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.109108 [Comment to Article 21.1.2: With due regard to an Athlete’s human rights and privacy, 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.
]109 [Comment to Article 21.1.6: Failure to cooperate is not an anti-doping rule violation under the Code, but it may be the basis for disciplinary action under a Signatory’s rules.
]ARTICLE 21 Additional Roles and Responsibilities of Athletes and Other PersonsWorld Anti-Doping Code 202113721.1.7 To disclose the identity of their Athlete Support Personnel upon request by any Anti-Doping Organization with authority over the Athlete.21.2 Roles and Responsibilities of Athlete Support Personnel21.2.1 To be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to the Code and which are applicable to them or the Athletes whom they support.21.2.2 To cooperate with the Athlete Testing program.21.2.3 To use their influence on Athlete values and behavior to foster anti-doping attitudes.21.2.4 To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.21.2.5 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.11021.2.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.111110 [Comment to Article 21.2.5: Failure to cooperate is not an anti-doping rule violation under the Code, but it may be the basis for disciplinary action under a Signatory’s rules.
]111 [Comment to Article 21.2.6: In those situations where Use or personal Possession of a Prohibited Substance or Prohibited Method by an Athlete Support Person without justification is not an anti-doping rule violation under the Code, it should be subject to other sport disciplinary rules.
Coaches and other Athlete Support Personnel are often role models for Athletes.
They should not be engaging in personal conduct which conflicts with their responsibility to encourage their Athletes not to dope.
]World Anti-Doping Code 2021138Roles andResponsibilities3 PART21.3 Roles and Responsibilities of Other Persons Subject to the Code21.3.1 To be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to the Code and which are applicable to them.21.3.2 To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.21.3.3 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.21.4 Roles and Responsibilities of Regional Anti-Doping Organizations21.4.1 To ensure member countries adopt and implement rules, policies and programs which conform with the Code.21.4.2 To require, as a condition of membership, that a member country sign an official Regional Anti-Doping Organization membership form which clearly outlines the delegation of anti-doping responsibilities to the Regional Anti-Doping Organization.21.4.3 To cooperate with other relevant national and regional organizations and agencies and other Anti-Doping Organizations.21.4.4 To encourage reciprocal Testing between National Anti-Doping Organizations and Regional Anti-Doping Organizations.21.4.5 To promote and assist with capacity building among relevant Anti-Doping Organizations.21.4.6 To promote anti-doping research.21.4.7 To plan, implement, evaluate and promote anti-doping Education in line with the requirements of the International Standard for Education.ARTICLE 21 Additional Roles and Responsibilities of Athletes and Other PersonsARTICLE 22 Involvement of GovernmentsWorld Anti-Doping Code 2021139ARTICLE 22 INVOLVEMENT OF GOVERNMENTS112Each government’s commitment to the Code will be evidenced by its signing the Copenhagen Declaration on Anti-Doping in Sport of 3 March 2003, and by ratifying, accepting, approving or acceding to the UNESCO Convention.The Signatories are aware that any action taken by a government is a matter for that government and subject to the obligations under international law as well as to its own laws and regulations.
While governments are bound only by the requirements of the relevant international intergovernmental treaties (and notably of the UNESCO Convention), the following Articles set forth the expectations of the Signatories to support them in the implementation of the Code.22.1 Each government should take all actions and measures necessary to comply with the UNESCO Convention.22.2 Each government should put in place legislation, regulation, policies or administrative practices for: cooperation and sharing of information with Anti-Doping Organizations; sharing of data among Anti-Doping Organizations as provided in the Code; unrestricted transport of urine and blood Samples in a manner that maintains their security and integrity; and unrestricted entry and exit of Doping Control officials and unrestricted access for Doping Control officials to all areas where International-Level Athletes or National-Level Athletes 112 [Comment to Article 22: Most governments cannot be parties to, or be bound by, private non-governmental instruments such as the Code.
For that reason, governments are not asked to be Signatories to the Code but rather to sign the Copenhagen Declaration and ratify, accept, approve or accede to the UNESCO Convention.
Although the acceptance mechanisms may be different, the effort to combat doping through the coordinated and harmonized program reflected in the Code is very much a joint effort between the sport movement and governments.This Article sets forth what the Signatories clearly expect from governments.
However, these are simply “expectations” since governments are only “obligated” to adhere to the requirements of the UNESCO Convention.
]World Anti-Doping Code 2021140Roles andResponsibilities3 PARTlive or train to conduct no advance notice Testing, subject to applicable border control, immigration and access requirements and regulations.22.3 Each government should adopt rules, regulations or policies to discipline officials and employees who are involved in Doping Control, sport performance or medical care in a sport setting, including in a supervisory capacity, for engaging in activities which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Persons.
22.4 Each government should not permit any Person to be involved in any position involving Doping Control, sport performance or medical care in a sport setting, including in a supervisory capacity, where such Person: (i) is serving a period of Ineligibility for an anti-doping rule violation under the Code, or (ii) if not subject to the authority of an Anti-Doping Organization, and where Ineligibility has not been addressed in a Results Management process pursuant to the Code, has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person, in which case the disqualifying status of such Person should be in force for the longer of six (6) years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed.22.5 Each government should encourage cooperation between all of its public services or agencies and Anti-Doping Organizations to timely share information with Anti-Doping Organizations which would be useful in the fight against doping and where to do so would not otherwise be legally prohibited.22.6 Each government should respect arbitration as the preferred means of resolving doping-related disputes, subject to human and fundamental rights and applicable national law.ARTICLE 22 Involvement of GovernmentsWorld Anti-Doping Code 202114122.7 Each government that does not have a National Anti-Doping Organization in its country should work with its National Olympic Committee to establish one.22.8 Each government should respect the autonomy of a National Anti-Doping Organization in its country or a Regional Anti-Doping Organization to which its country belongs and any WADA -accredited or approved laboratory in its country and not interfere in their operational decisions and activities.22.9 Each government should not limit or restrict WADA ’s access to any doping Samples or anti-doping records or information held or controlled by any Signatory, member of a Signatory or WADA -accredited or approved laboratory.22.10 Failure by a government to ratify, accept, approve or accede to the UNESCO Convention may result in ineligibility to bid for and/or host Events as provided in Articles 20.1.11, 20.3.14 and 20.6.9, and the failure by a government to comply with the UNESCO Convention thereafter, as determined by UNESCO, may result in meaningful consequences by UNESCO and WADA as determined by each organization.
World Anti-Doping Code 2021142Roles andResponsibilities3 PARTARTICLE 22 Involvement of GovernmentsPART FOURACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONPART FOURACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONPART FOUR ACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONWorld Anti-Doping Code 2021144Acceptance, Compliance,Modification and Interpretation4 PARTARTICLE 23 ACCEPTANCE AND IMPLEMENTATION23.1 Acceptance of the Code23.1.1 The following entities may be Signatories to the Code: the International Olympic Committee, International Federations, the International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Event Organizations, National Anti-Doping Organizations and other organizations having significant relevance in sport.23.1.2 The International Olympic Committee; International Federations recognized by the International Olympic Committee; the International Paralympic Committee; National Olympic Committees; National Paralympic Committees; National Anti-Doping Organizations; and Major Event Organizations recognized by one or more of the aforementioned entities shall become Signatories by signing a declaration of acceptance or by another form of acceptance determined to be acceptable by WADA .23.1.3 Any other entity described in Article 23.1.1 may submit an application to WADA to become a Signatory which will be reviewed under a policy adopted by WADA .
WADA ’s acceptance of such applications shall be subject to conditions and requirements established by WADA in such policy.113 Upon acceptance of an application by WADA , the applicant’s becoming a Signatory is subject to the applicant signing a declaration ARTICLE 23 Acceptance and Implementation113 [Comment to Article 23.1.3: For example, these conditions and requirements would include financial contributions by the entity to cover WADA’s administrative, monitoring and compliance costs that may be attributable to the application process and the entity’s subsequent Signatory status.
]World Anti-Doping Code 2021145ARTICLE 23 Acceptance and Implementationof acceptance of the Code and an acceptance of the conditions and requirements established by WADA for such applicant.23.1.4 A list of all acceptances will be made public by WADA .23.2 Implementation of the Code23.2.1 The Signatories shall implement applicable Code provisions through policies, statutes, rules or regulations according to their authority and within their relevant spheres of responsibility.23.2.2 The following Articles as applicable to the scope of the Anti-Doping Activity which the Anti-Doping Organization performs must be implemented by Signatories without substantive change (allowing for any non-substantive changes to the language in order to refer to the organization’s name, sport, section numbers, etc.
):114• Article 1 (Definition of Doping)• Article 2 (Anti-Doping Rule Violations)• Article 3 (Proof of Doping)• Article 4.2.2 ( Specified Substances or Specified Methods)• Article 4.2.3 ( Substances of Abuse)• Article 4.3.3 ( WADA ’s Determination of the Prohibited List)• Article 7.7 (Retirement from Sport)• Article 9 (Automatic Disqualification of Individual Results)114 [Comment to Article 23.2.2: Nothing in the Code precludes an Anti-Doping Organization from adopting and enforcing its own specific disciplinary rules for conduct by Athlete Support Personnel related to doping but which does not, in and of itself, constitute an anti-doping rule violation under the Code.
For example, a National or International Federation could refuse to renew the license of a coach when multiple Athletes have committed anti-doping rule violations while under that coach’s supervision.
]World Anti-Doping Code 2021146Acceptance, Compliance,Modification and Interpretation4 PART• Article 10 (Sanctions on Individuals)• Article 11 ( Consequences to Teams)• Article 13 (Appeals) with the exception of 13.2.2, 13.6, and 13.7• Article 15.1 (Automatic Binding Effect of Decisions)• Article 17 (Statute of Limitations)• Article 26 (Interpretation of the Code)• Appendix 1 – DefinitionsNo additional provision may be added to a Signatory’s rules which changes the effect of the Articles enumerated in this Article.
A Signatory’s rules must expressly acknowledge the Commentary of the Code and endow the Commentary with the same status that it has in the Code.
However, nothing in the Code precludes a Signatory from having safety, medical, eligibility or Code of Conduct rules which are applicable for purposes other than anti-doping.11523.2.3 In implementing the Code, Signatories are encouraged to use the models of best practice recommended by WADA .23.3 Implementation of Anti-Doping ProgramsSignatories shall devote sufficient resources in order to implement anti-doping programs in all areas that are compliant with the Code and the International Standards.ARTICLE 23 Acceptance and ImplementationARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO Convention115 [Comment to Article 23.2.2: For example, an International Federation could decide, for reputational and health reasons, to have a Code of Conduct rule prohibiting an Athlete’s Use or Possession of cocaine Out-of-Competition.
In an anti-doping Sample collection Out-of-Competition, such International Federation would be able to have the laboratory test for cocaine as part of the enforcement of its Code of Conduct policy.
On the other hand, the International Federation’s Code of Conduct could not impose additional sanctions for the Use of cocaine In-Competition since that is already covered by the sanction scheme established in the Code.
Other possible examples include rules governing the use of alcohol or oxygen.
Similarly, an International Federation could use data from a Doping Control test to monitor eligibility relating to transgender and other eligibility rules.
]World Anti-Doping Code 2021147ARTICLE 23 Acceptance and ImplementationARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 24 MONITORING AND ENFORCING COMPLIANCE WITH THE CODE AND UNESCO CONVENTION24.1 Monitoring and Enforcing Compliance with the Code11624.1.1 Compliance by Signatories with the Code and the International Standards shall be monitored by WADA in accordance with the International Standard for Code Compliance by Signatories.24.1.2 To facilitate such monitoring, each Signatory shall report to WADA on its compliance with the Code and the International Standards as and when required by WADA .
As part of that reporting, the Signatory shall accurately provide all of the information requested by WADA and shall explain the actions it is taking to correct any Non-Conformities.24.1.3 Failure by a Signatory to provide accurate information in accordance with Article 24.1.2 itself constitutes an instance of Non-Conformity with the Code, as does failure by a Signatory to submit accurate information to WADA where required by other Articles of the Code or by the International Standard for Code Compliance by Signatories or other International Standard.24.1.4 In cases of Non-Conformity (whether with reporting obligations or otherwise), WADA shall follow the corrective procedures set out in the International Standard for Code Compliance by Signatories.
If the Signatory or its delegate fails to correct the Non-Conformities within the specified timeframe, then (following approval of such course by WADA ’s Executive Committee) WADA shall send a formal notice to the Signatory, 116 [Comment to Article 24.1: Defined terms specific to Article 24.1 are set forth at the end of Appendix 1 to the Code.]
World Anti-Doping Code 2021148Acceptance, Compliance,Modification and Interpretation4 PARTalleging that the Signatory is non-compliant, specifying the consequences that WADA proposes should apply for such non-compliance from the list of potential consequences set forth in Article 24.1.12, and specifying the conditions that WADA proposes the Signatory should have to satisfy in order to be Reinstated to the list of Code-compliant Signatories.
That notice will be publicly reported in accordance with the International Standard for Code Compliance by Signatories.24.1.5 If the Signatory does not dispute WADA ’s allegation of non-compliance or the consequences or Reinstatement conditions proposed by WADA within twenty-one (21) days of receipt of the formal notice, the non-compliance alleged will be deemed admitted and the consequences and Reinstatement conditions proposed will be deemed accepted, the notice will automatically become and will be issued by WADA as a final decision, and (without prejudice to any appeal filed in accordance with Article 13.6) it will be enforceable with immediate effect in accordance with Article 24.1.9.
The decision will be publicly reported as provided in the International Standard for Code Compliance by Signatories or other International Standards.24.1.6 If the Signatory wishes to dispute WADA ’s allegation of non-compliance, and/or the consequences and/or the Reinstatement conditions proposed by WADA , it must notify WADA in writing within twenty-one (21) days of its receipt of the notice from WADA .
In that event, WADA shall file a formal notice of dispute with CAS, and that dispute will be resolved by the CAS Ordinary Arbitration Division in accordance with the International Standard for Code Compliance by Signatories.
WADA shall have the burden of proving to the CAS Panel, on the balance of probabilities, that the Signatory is non-compliant (if that is disputed).
If the CAS Panel decides that ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWorld Anti-Doping Code 2021149ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWADA has met that burden, and if the Signatory has also disputed the consequences and/or the Reinstatement conditions proposed by WADA , the CAS Panel will also decide, by reference to the relevant provisions of the International Standard for Code Compliance by Signatories: (a) what consequences should be imposed from the list of potential consequences set out in Article 24.1.12 of the Code; and (b) what conditions the Signatory should be required to satisfy in order to be Reinstated.24.1.7 WADA will publicly report the fact that the case has been referred to CAS for determination.
Each of the following Persons shall have the right to intervene and participate as a party in the case, provided it gives notice of its intervention within ten (10) days of such publication by WADA : 24.1.7.1 the International Olympic Committee and/or the International Paralympic Committee (as applicable), and the National Olympic Committee and/or the National Paralympic Committee (as applicable), where the decision may have an effect in relation to the Olympic Games or Paralympic Games (including decisions affecting eligibility to attend/participate in the Olympic Games or Paralympic Games); and 24.1.7.2 an International Federation, where the decision may have an effect on participation in the International Federation’s World Championships and/or other International Events and/or on a bid that has been submitted for a country to host the International Federation’s World Championships and/or other International Events.
Any other Person wishing to participate as a party in the case must apply to CAS World Anti-Doping Code 2021150Acceptance, Compliance,Modification and Interpretation4 PARTwithin ten (10) days of publication by WADA of the fact that the case has been referred to CAS for determination.
CAS shall permit such intervention (i) if all other parties in the case agree; or (ii) if the applicant demonstrates a sufficient legal interest in the outcome of the case to justify its participation as a party.24.1.8 CAS’s decision resolving the dispute will be publicly reported by CAS and by WADA .
Subject to the right under Swiss law to challenge that decision before the Swiss Federal Tribunal, the decision shall be final and enforceable with immediate effect in accordance with Article 24.1.9.24.1.9 Final decisions issued in accordance with Article 24.1.5 or Article 24.1.8, determining that a Signatory is non-compliant, imposing consequences for such non-compliance, and/or setting conditions that the Signatory has to satisfy in order to be Reinstated to the list of Code-compliant Signatories, and decisions by CAS further to Article 24.1.10, are applicable worldwide, and shall be recognized, respected and given full effect by all other Signatories in accordance with their authority and within their respective spheres of responsibility.
24.1.10 If a Signatory wishes to dispute WADA ’s allegation that the Signatory has not yet met all of the Reinstatement conditions imposed on it and therefore is not yet entitled to be Reinstated to the list of Code-compliant Signatories, the Signatory must advise WADA in writing within twenty-one (21) days of its receipt of the allegation from WADA .
In that event, WADA shall file a formal notice of dispute with CAS, and the dispute will be resolved by the CAS Ordinary Arbitration Division in accordance with Articles 24.1.6 to 24.1.8.
WADA shall have the burden to prove to the CAS ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWorld Anti-Doping Code 2021151ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionPanel, on the balance of probabilities, that the Signatory has not yet met all of the Reinstatement conditions imposed on it and therefore is not yet entitled to be Reinstated.
Subject to the right under Swiss law to challenge CAS’s decision before the Swiss Federal Tribunal, CAS’s decision shall be final and enforceable with immediate effect in accordance with Article 24.1.9.24.1.11 The various requirements imposed on Signatories by the Code and the International Standards shall be classified either as Critical, or as High Priority, or as General, in accordance with the International Standard for Code Compliance by Signatories, depending on their relative importance to the fight against doping in sport.
That classification shall be a key factor in determining what consequences should be imposed in the event of non-compliance with such requirement(s), in accordance with Article 10 of the International Standard for Code Compliance by Signatories.
The Signatory has the right to dispute the classification of the requirement, in which case CAS will decide on the appropriate classification.
24.1.12 The following consequences may be imposed, individually or cumulatively, on a Signatory that has failed to comply with the Code and/or the International Standards, based on the particular facts and circumstances of the case at hand, and the provisions of Article 10 of the International Standard for Code Compliance by Signatories:24.1.12.1 Ineligibility or withdrawal of WADA privileges: (a) in accordance with the relevant provisions of WADA ’s Statutes, the Signatory’s Representatives being ruled ineligible for a specified period to hold any WADA office or any position as a member of any WADA board or committee or other body (including but not limited World Anti-Doping Code 2021152Acceptance, Compliance,Modification and Interpretation4 PARTto WADA ’s Foundation Board, the Executive Committee, and any Standing Committee) (although WADA may exceptionally permit Representatives of the Signatory to remain as members of WADA expert groups where there is no effective substitute available); (b) the Signatory being ruled ineligible to host any event organized or co-hosted or co-organized by WADA ; (c) the Signatory’s Representatives being ruled ineligible to participate in any WADA Independent Observer Program or WADA Outreach program or other WADA activities; (d) withdrawal of WADA funding to the Signatory (whether direct or indirect) relating to the development of specific activities or participation in specific programs; and24.1.12.2 the Signatory’s Representatives being ruled ineligible for a specified period to hold any office of or position as a member of the board or committees or other bodies of any other Signatory (or its members) or association of Signatories.24.1.12.3 Special Monitoring of some or all of the Signatory’s Anti-Doping Activities, until WADA considers that the Signatory is in a position to implement such Anti-Doping Activities in a compliant manner without such monitoring.24.1.12.4 Supervision and/or Takeover of some or all of the Signatory’s Anti-Doping Activities by an Approved Third Party, until WADA considers that the Signatory is in a position to implement such Anti-Doping ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWorld Anti-Doping Code 2021153ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionActivities itself in a compliant manner without such measures: (a) If the non-compliance involves non-compliant rules, regulations and/or legislation, then the Anti-Doping Activities in issue shall be conducted under other applicable rules (of one or more other Anti-Doping Organizations, e.g., International Federations or National Anti-Doping Organizations or Regional Anti-Doping Organizations) that are compliant, as directed by WADA .
In that case, while the Anti-Doping Activities (including any Testing and Results Management) will be administered by the Approved Third Party under and in accordance with those other applicable rules at the cost of the non-compliant Signatory, any costs incurred by the Anti-Doping Organizations as a result of the use of their rules in this manner shall be reimbursed by the non-compliant Signatory.
(b) If it is not possible to fill the gap in the Signatory’s Anti-Doping Activities in this way (for example, because national legislation prohibits it, and the National Anti-Doping Organization has not secured an amendment to that legislation or other solution), then it may be necessary as an alternative measure to exclude Athletes who would have been covered by the Signatory’s Anti-Doping Activities from participating in the Olympic Games/Paralympic Games/other Events , in order to protect the rights of clean Athletes and to preserve public confidence in the integrity of competition at those events.
World Anti-Doping Code 2021154Acceptance, Compliance,Modification and Interpretation4 PART24.1.12.5 A Fine.24.1.12.6 Suspension or loss of eligibility to receive some or all funding and/or other benefits from the International Olympic Committee or the International Paralympic Committee or any other Signatory for a specified period (with or without the right to receive such funding and/or other benefits for that period retrospectively following Reinstatement).
24.1.12.7 Recommendation to the relevant public authorities to withhold some or all public and/or other funding and/or other benefits from the Signatory for a specified period (with or without the right to receive such funding and/or other benefits for that period retrospectively following Reinstatement).11724.1.12.8 Where the Signatory is a National Anti-Doping Organization or a National Olympic Committee acting as a National Anti-Doping Organization, the Signatory’s country being ruled ineligible to host or co-host and/or to be awarded the right to host or co-host an International Event (e.g., Olympic Games, Paralympic Games, any other Major Event Organization’s Event, World Championships, regional or continental championships, and/or any other International Event):(a) If the right to host or co-host a World Championship and/or other International Event(s) has already been awarded to the ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO Convention117 [Comment to Article 24.1.12.7: Public authorities are not Signatories to the Code.
In accordance with Article 11(c) of the UNESCO Convention, however, State Parties shall, where appropriate, withhold some or all financial or other sport-related support from any sports organization or Anti-Doping Organization that is not in compliance with the Code.
]World Anti-Doping Code 2021155ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO Conventioncountry in question, the Signatory that awarded that right must assess whether it is legally and practically possible to withdraw that right and re-assign the Event to another country.
If it is legally and practically possible to do so, then the Signatory shall do so.
(b) Signatories shall ensure that they have due authority under their statutes, rules and regulations, and/or hosting agreements, to comply with this requirement (including a right in any hosting agreement to cancel the agreement without penalty where the relevant country has been ruled ineligible to host the Event).24.1.12.9 Where the Signatory is a National Anti-Doping Organization or a National Olympic Committee or a National Paralympic Committee, exclusion of the following Persons from participation in or attendance at the Olympic Games and the Paralympic Games and/or other specified Events, World Championships, regional or continental championships and/or any other International Events for a specified period:(a) the National Olympic Committee and/or the National Paralympic Committee of the Signatory’s country; (b) the Representatives of that country and/or of the National Olympic Committee and/or the National Paralympic Committee of that country; and/or(c) the Athletes and Athlete Support Personnel affiliated to that country and/or to the National Olympic Committee and/or to the National Paralympic World Anti-Doping Code 2021156Acceptance, Compliance,Modification and Interpretation4 PARTCommittee and/or to the National Federation of that country.24.1.12.10 Where the Signatory is an International Federation, exclusion of the following Persons from participation in or attendance at the Olympic Games and the Paralympic Games and/or other Events for a specified period: the Representatives of that International Federation and/or the Athletes and Athlete Support Personnel participating in the International Federation’s sport (or in one or more disciplines of that sport).
24.1.12.11 Where the Signatory is a Major Event Organization:(a) Special Monitoring or Supervision or Takeover of the Major Event Organization’s Anti-Doping Activities at the next edition(s) of its Event; and/or(b) Suspension or loss of eligibility to receive funding and other benefits from and/or the recognition/membership/patronage (as applicable) of the International Olympic Committee, the International Paralympic Committee, the Association of National Olympic Committees, or other patron body; and/or(c) loss of recognition of its Event as a qualifying event for the Olympic Games or the Paralympic Games.24.1.12.12 Suspension of recognition by the Olympic Movement and/or of membership of the Paralympic Movement.
ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 25 Modification and WithdrawalWorld Anti-Doping Code 202115724.1.13 Other ConsequencesGovernments and Signatories and associations of Signatories may impose additional consequences within their respective spheres of authority for non-compliance by Signatories, provided that this does not compromise or restrict in any way the ability to apply consequences in accordance with this Article 24.1.11824.2 Monitoring Compliance with the UNESCO ConventionCompliance with the commitments reflected in the UNESCO Convention will be monitored as determined by the Conference of Parties to the UNESCO Convention, following consultation with the State Parties and WADA .
WADA shall advise governments on the implementation of the Code by the Signatories and shall advise Signatories on the ratification, acceptance, approval or accession to the UNESCO Convention by governments.ARTICLE 25 MODIFICATION AND WITHDRAWAL25.1 Modification25.1.1 WADA shall be responsible for overseeing the evolution and improvement of the Code.
Athletes and other stakeholders and governments shall be invited to participate in such process.118 [Comment to Article 24.1.13: For example, the International Olympic Committee may decide to impose symbolic or other consequences on an International Federation or a National Olympic Committee pursuant to the Olympic Charter, such as withdrawal of eligibility to organize an International Olympic Committee Session or an Olympic Congress; while an International Federation may decide to cancel International Events that were scheduled to be held in the country of a non-compliant Signatory, or move them to another country.
]ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 25 Modification and WithdrawalWorld Anti-Doping Code 2021158Acceptance, Compliance,Modification and Interpretation4 PART25.1.2 WADA shall initiate proposed amendments to the Code and shall ensure a consultative process to both receive and respond to recommendations and to facilitate review and feedback from Athletes and other stakeholders and governments on recommended amendments.25.1.3 Amendments to the Code shall, after appropriate consultation, be approved by a two-thirds majority of the WADA Foundation Board including a majority of both the public sector and Olympic Movement members casting votes.
Amendments shall, unless provided otherwise, go into effect three (3) months after such approval.25.1.4 Signatories shall modify their rules to incorporate the 2021 Code on or before 1 January 2021, to take effect on 1 January 2021.
Signatories shall implement any subsequent applicable amendment to the Code within one (1) year of approval by the WADA Foundation Board.11925.2 Withdrawal of Acceptance of the CodeSignatories may withdraw acceptance of the Code after providing WADA six-months written notice of their intent to withdraw.
Signatories shall no longer be considered in compliance once acceptance has been withdrawn.119 [Comment to Articles 25.1.3 and 25.1.4: Under Article 25.1.3, new or changed obligations imposed on Signatories automatically go into effect three (3) months after approval unless provided otherwise.
In contrast, Article 25.1.4 addresses new or changed obligations imposed on Athletes or other Persons which can only be enforced against individual Athletes or other Persons by changes to the anti-doping rules of the relevant Signatory (e.g., an International Federation).
For that reason, Article 25.1.4 provides for a longer period of time for each Signatory to conform its rules to the 2021 Code and take any necessary measures to ensure the appropriate Athletes and other Persons are bound by the rules.]
ARTICLE 25 Modification and Withdrawal ARTICLE 26 Interpretation of the CodeARTICLE 27 Transitional ProvisionsWorld Anti-Doping Code 2021159ARTICLE 26 INTERPRETATION OF THE CODE26.1 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.26.2 The comments annotating various provisions of the Code shall be used to interpret the Code.26.3 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.26.4 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.26.5 Where the term “days” is used in the Code or an International Standard, it shall mean calendar days unless otherwise specified.26.6 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 “Second violations” for purposes of determining sanctions under Article 10 for subsequent post-Code violations.26.7 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definitions, shall be considered integral parts of the Code.ARTICLE 27 TRANSITIONAL PROVISIONS27.1 General Application of the 2021 CodeThe 2021 Code shall apply in full as of 1 January 2021 (the “Effective Date”).ARTICLE 25 Modification and Withdrawal ARTICLE 26 Interpretation of the CodeARTICLE 27 Transitional ProvisionsWorld Anti-Doping Code 2021160Acceptance, Compliance,Modification and Interpretation4 PART27.2 Non-Retroactive except for Articles 10.9.4 and 17 or Unless Principle of “Lex Mitior” AppliesAny 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 set out in this 2021 Code, 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 considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 17 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in the 2021 Code (provided, however, that Article 17 shall only be applied retroactively if the statute of limitations period has not already expired by the Effective Date).27.3 Application to Decisions Rendered Prior to the 2021 CodeWith 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 the 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 2021 Code.
Such application must be made before the period of Ineligibility has expired.
The decision rendered by the Anti-Doping Organization may be appealed pursuant to Article 13.2.
The 2021 Code shall have no application to any anti-doping rule violation case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.ARTICLE 27 Transitional ProvisionsWorld Anti-Doping Code 2021161ARTICLE 27 Transitional Provisions27.4 Multiple Violations Where the First Violation Occurs Prior to 1 January 2021For 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 pre-2021 Code rules, the period of Ineligibility which would have been assessed for that first violation had 2021 Code rules been applicable, shall be applied.12027.5 Additional Code AmendmentsAny additional Code amendments shall go into effect as provided in Article 27.1.27.6 Changes to the Prohibited ListChanges 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 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 the 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.120 [Comment to Article 27.4: Other than the situation described in Article 27.4, where a final decision finding an anti-doping rule violation has been rendered prior to the existence of the Code or under the Code in force before the 2021 Code and the period of Ineligibility imposed has been completely served, the 2021 Code may not be used to re-characterize the prior violation.
]World Anti-Doping Code 2021162Acceptance, Compliance,Modification and Interpretation4 PARTAPPENDIX 1DEFINITIONSAPPENDIX 1DEFINITIONSAPPENDIX 1 DEFINITIONSWorld Anti-Doping Code 2021164APPENDIX 1 DefinitionsDEFINITIONS121ADAMS: 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 legislation.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 involving 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 Standard 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 committed multiple other anti-doping rule violations; a normal individual would be likely to enjoy the performance-enhancing 121 [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.
]World Anti-Doping Code 2021165effects of the anti-doping rule violation(s) beyond the otherwise applicable period of Ineligibility; the Athlete or Person engaged in deceptive 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 Organizations 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 Athlete 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 rule violation is committed by any Athlete over World Anti-Doping Code 2021166APPENDIX 1 Definitionswhom 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 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.122Athlete 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.122 [Comment to Athlete: Individuals 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 Anti-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- or 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.
]World Anti-Doping Code 2021167Atypical 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 provided in the rules of the applicable International Federation.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) Provisional 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 beyond 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.World Anti-Doping Code 2021168APPENDIX 1 DefinitionsDelegated Third Party: Any Person to which an Anti-Doping Organization 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 the Anti-Doping Organization, or individuals serving as independent contractors who perform Doping Control services for the Anti-Doping Organization (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, investigations, 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).Education: The process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional 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.Event Venues: Those venues so designated by the ruling body for the Event.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 the 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 World Anti-Doping Code 2021169care 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 10.6.2.123Financial 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.
Provided, however, WADA may approve, for a particular sport, an alternative definition if an International Federation provides a compelling justification that a different definition is necessary for its sport; upon such approval by WADA , the alternative definition shall be followed by all Major Event Organizations for that particular sport.124123 [Comment to Fault: The criterion for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.