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Sport institution: - Must not serve on the Board of Directors or any elected/appointed position; - Must hold no senior posi tion or position of authority (paid or unpaid); - Must not report to, be directed by, seek guidance of any sport organization.” 5 As outlined in the WADA Foundation Board Bylaws on Independence.
6 As above.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 5 of 7 • The Committee members who are independent experts must meet the same additional /stringent independence criteria as the Chair .
Conflicts of Interest Committee members are bound by the Conflict of Interest policy adopted by the WADA Executive Committee, which is modified from time to time.
In accordance with that policy, they are required to complete and sign and submit annually a Statement of Independence and Interest, and to update that Statement if and as necessary during the year.
In case of a conflict of interest in relation to a specific case or issue, Committee members shall disclose it immediately and thereafter shall not take part in any discussions and/or deliberations related to that case or issue.
In addition, should the Chair have a conflict of interest in relation to a specific case or issue, the Chair shall be replaced by the Vice -Chair in relation to all discussi ons, deliberations and any other activity related to that case or issue.
If the Vice -Chair is not present, then the members who are present shall elect someone from their number to replace the Chair for the case or issue in question.
Confidentiality All Committee members are required to sign a confidentiality agreement upon appointment.
Unless otherwise directed by the Chair (or the Vice -Chair where applicable), the deliberations of the Committee and its recommendations and observations to the Compliance Taskforce shall remain confidential and therefore shall not be disclosed by the members or the Compliance Taskforce.
Appropriate information barriers shall be set up around WADA files containing Committee papers/information, so that they are only accessible by a defined subset of WADA staff, and strictly on a need -to-know basis.
Where the Committee makes a formal recommendation of any kind to the WADA Executive Committee, until that recommendation has been communicated in writing to the WADA Director General, it may not be communicated by anyone at WADA to any third party.
Instead, the WADA Director General shall communicate the recommendation only to members of the WADA Executive Committee.
The recommendation may not be made public or communicated by WADA prior to the meeting of the WADA Executive Committee where it is to be considered, without the express consent of the Chair (or the Vice -Chair, where applicable).
If WADA considers it necessary to make any public statement on the Committee's recommendation prior to the Executive Committee meeting, the Chair (or Vice -Chair , where applicable) must be made aware and agree with the content in advance.
Observers and Outside Expertise The Chair of the Committee, in consultation with and upon approval of WADA Management, may seek assistance from other outside experts from time to time where needed.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 6 of 7 In addition, at the invitation of the Chair (or the Vice -Chair , where applicable), members of the Compliance Taskforce and/or other WADA staff may attend Committee meetings to contribute to the discussion and/or to provide secretarial support.
The Chair (or the Vice -Chair , where applicable) shall man age such attendance so as to ensure that it does not undermine in any way the Committee's free and independent consideration of the business at hand.
This may include conducting parts of the meeting in camera (i.e., with only Committee members in attendanc e) where the Chair (or the Vice -Chair , where applicable) sees fit.
Nominated (non -voting) observers may also be invited by the Chair (or the Vice -Chair , where applicable) to attend meetings on an ad hoc or a regular basis.
Working Norms The Committee will meet in person generally four times per year, but more if necessary.
Additional meetings may be held via teleconference , videoconference, or other electroni c means that permit all members to communicate properly with each other .
Members may also atte nd in person meetings by such means if necessary , provided they inform the Chair in advance.
An agenda will be circulated in advance of the meeting.
At least four members must be present at a meeting, in person or by teleconference, in order for the meeting to be quorate.
Members are expected to attend each meeting, but absences on reasonable grounds may be explained in advance by the member in writing to the Chair .
The absent member may if he/she chooses submit in writing any comments that he/sh e has on any items on the agenda for the meeting.
If a member is absent without reasonable ex cuse from two or more meetings in any one calendar year , his/her membership of the Committee may be terminated.
The Committee will seek to operate on the basis of consensus and maintain as informal a manner as is possible or appropriate for the conduct of Committee business.
Where there is no divergence of opinion , a formal vote is not required.
Where it appears there may be a divergence of opinion, a formal vote m ay be taken (by show of hands).
A bare majority is required to support a recommendation or other decision (with any abs tentions being disregarded for these purposes) .
In case of a tie, the Chair (or the Vice-Chair where applicable) will have a casting vote.
Where necessary, votes may be taken and decisions may be made between meetings by circular email or other suitable means.
Communications and Media All members are required to read and comply with WADA’s Media Relations Policy, as issued by the Agency from time to time .
Should a member receive a request for an interview in relation to their role with the Committee or WADA’s work in the fight against doping in sport , they should consult first with the WADA Media Relations Senior Manager or (if absent) with the WADA Communications Director.
Administrative and Funding Support WADA shall provide the necessary administration and financial resources for Committee meetings.
The Chief Operating Officer will act as the liaison person (Secretary) to the Committee.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 7 of 7 The Committee shall deal with the Compliance Taskforce and may receive input from WADA Management and/or other experts as it sees fit, provided always that it ensures its independence is not compromised in any way.
Remuneration may be offe red to Committee members based on the time spent on the work of the Committee.
Specific financial arrangements may be discussed directly between the Chair and the WADA Director General.
WADA provides on an annual basis “General Information and Guidelines” to all its Committee members.
This document provides an overview of administrative policies and procedures applicable to the Committee.
Meetings and Minutes Minutes of the meeting s will be prepared, containing a record of all decisions made and a summary of the discussions.
They shall be circulated to members following the meeting s for approval.
Once approved, the minutes shall be signed by the Chair and maintained by WADA as an off icial record of the Committee's meeting s. A summary of the main discussions of the meeting s will be posted on the WADA website.
Other reports and correspondence relative to the Committee shall be retained at WADA Headquarters.
INTERNATIONAL HOCKEY FEDERATION ANTI-DOPING RULES based on the World Anti -Doping Code and WADA’s Model Rules for International Federations Adopted on 3 December 2020 With effect from 1 January 2021 FIH 2021 Anti -Doping Rules Page 2 of 76 TABLE OF CONTENTS ARTICLE 1 DEFINITION OF DOPING ................................ ................................ ................................ .... 5 ARTICLE 2 ANTI-DOPING RULE VIOLATIONS ................................ ................................ .................... 5 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ............. 10 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ ................................ ...... 12 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ ................... 18 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ................................ .... 23 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ................................ ................................ ......................... 26 ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION ................................ ................................ ................................ .......... 29 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ................................ .
31 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ ....................... 32 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ............................ 46 ARTICLE 12 SANCTIONS BY FIH AGAINST OTHER SPORTING BODIES ................................ ..... 47 ARTICLE 13 RESULTS MANAGEMENT : APPEALS ................................ ................................ .............. 48 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ ............ 52 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ ................ 57 ARTICLE 16 STATUTE OF LIMITATIONS ................................ ................................ .............................. 59 ARTICLE 17 EDUCATION ................................ ................................ ................................ .......................... 59 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL ASSOCIATION S 60 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF FIH ................................ ............ 61 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ............................... 61 ARTICLE 21 ADDITIONAL ROLES AND RESPONS IBILITIES OF ATHLETE SUPPORT PERSONNEL ................................ ................................ ................................ .......................... 62 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES ................................ ................................ .................... 63 ARTICLE 23 INTERPRETATION OF THE CODE ................................ ................................ .................... 63 ARTICLE 24 FINAL PROVISIONS ................................ ................................ ................................ ............ 64 APPENDIX 1 DEFINITIONS ................................ ................................ ................................ ....................... 67 FIH 2021 Anti -Doping Rules Page 3 of 76 FIH ANTI -DOPING RULES INTRODUCTION Preface These Anti -Doping Rules are adopted and implemented in accordance with the International Hockey Federation’s (“FIH”) responsibilities under the Code, and in furtherance of FIH's continuing efforts to eradicate dopin g in sport.
These Anti -Doping Rules are sport rules governing the conditions under which sport is played.
Aimed at enforcing anti -doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws.
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights.
When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should b e aware of and respect the distinct nature of these Anti -Doping Rules, which implement the Code, and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair s port.
As provided in the Code, FIH shall be responsible for conducting all aspects of Doping Control .
Any aspect of Doping Control or anti -doping Education may be delegated by FIH to a Delegated Third Party , such as the International Testing Agency (ITA) , however, FIH shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards , and these Anti -Doping Rules.
FIH may delegate its adjudication responsibilities and certain aspects of its Results Management responsibilities to the CAS Anti -Doping Division.
When FIH has delegated its responsibilities to implement part or all of Doping Control to the ITA or to other Delegated Third Part y, any reference to FIH in these Rules should be inte nded as a reference to the ITA or to the other Delegated Third Party , where applicable and within the context of the aforementioned delegation .
FIH shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with t he Code.
Italicized t erms used in these Anti -Doping Rules are defined in Appendix 1 .
Unless otherwise specified, references to Articles are references to Articles of these Anti -Doping Rules.
Fundamental Rationale for the Code and FIH's Anti-Doping Rules Anti-doping programs are founded on the intrinsic value of sport.
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents.
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods .
FIH 2021 Anti -Doping Rules Page 4 of 76 Anti-doping programs seek to maintain the integri ty of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind.
It is the essence of Olympism and is reflected in the values we find in and through sport, including: • Health • Ethics, fair play and honesty • Athletes’ rights as set forth in the Code • Excellence in performance • Character and Education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect for self and other Participants • Courage • Community and solidarity The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
Scope of these Anti -Doping Rules These Anti -Doping Rules shall apply to: (a) FIH, including its board members, directors, officers and specified employees , and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of its National Association s, including their board members, directors, officers and specified employees , and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (c) the following Athletes , Athlete Support Personnel and other Persons : (i) all Athletes and Athlete Support Personnel who are members of FIH, or of any National Association , or of any member or affiliate organization of any National Association (including any clubs, teams, associations, or leagues) ; (ii) all Athletes and Athlete Support Personnel who participate in such capacity in Events , Competitions and other activities organized, convened, authorized or recognized by FIH, or any National Association , or by any member or affiliate organization of any National Association (including any clubs, teams, associations, or leagues) , wherever held; (iii) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other c ontractual arrangement, or otherwise, is subject to the authority of FIH, or of any National Association , or of any member or affiliate organization of any National Association (including any clubs, teams, associations, or leagues), for the purposes of ant i-doping; and FIH 2021 Anti -Doping Rules Page 5 of 76 (iv) Athletes who are not regular members of FIH or of one of its National Association but who want to be eligible to compete in a particular International Event .
Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti -Doping Rules, and to have submitted to the authority of FIH to enforce these Anti -Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti -Doping Rules .1 Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti -Doping Rules, the following Athletes shall be considered to be International -Level Athletes for the purpose s of these Anti -Doping Rules, and, therefore, the specific provisions in these Anti -Doping Rules applicable to International -Level Athletes (e.g., Testing , TUEs, whereabouts, and Results Management ) shall apply to such Athletes : (a) Athletes who compete in all FIH International Events and/or Competitions published by FIH in its website (link to updated 2021 FIH Calendar to include for January 2021 (b) Athletes who are part of the FIH’s Registered Testing Pool; (c) Athletes who are part of the FIH’s Testing Pool ; ARTICLE 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.1 1 of these Anti -Doping Rules.
ARTICLE 2 ANTI -DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti -doping rule violations.
Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.
Athletes or other Persons shall be responsible for knowing wh at constitutes an anti -doping rule violation and the substances and methods which have been included on the Prohibited List.
1 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti -doping rule violation unde r the Code for Use or Possession of a Prohibited Substance or Prohibited Method.
Rather, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.
10 (Proh ibited Association) and 2.11 (Retaliation).
Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3.
Also, the obligation to require an employee to be bound by the Code is subje ct to applicable law.
FIH shall ensure that, as per Article 19 of these Anti -Doping Rules, any arrangements with their board members, directors, officers, and specified employees , as well as with the Delegated Third Parties and their employees – either employment, contrac tual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply with these Anti -Doping Rules, and agree on the FIH’s authority to solve the anti -doping cases.]
FIH 2021 Anti -Doping Rules Page 6 of 76 The following constitute anti -doping rule violations: 2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample 2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies.
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples .
Accordingly, it is not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation under Article 2.1.
2 2.1.2 Sufficient proof of an anti -doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample ; or where the Athlete’s A or B Sample is split into two (2) parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample .3 2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document , the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti -doping rule violation.
2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List , Internat ional Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances .
2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method 4 2 [Comment to Article 2.1.1: An anti -doping rule violation is committed under this Article without regard to an Athlete’s Fault.
This rule has been referred to in various CAS decisions as “Strict Liability”.
An Athlete’s Fault is taken into consideration in determining the Consequences of this anti -doping rule violation under Article 10.
This principle has consistently been upheld by CAS.]
3 [Comment to Article 2.1.2: The Anti -Doping Organization with Results Management responsibility may, at its discretion , choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.]
4 [Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means.
As noted in the Comment to Article 3.2, unlike the proof required to establish an anti -doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, w itness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirem ents to establish “Presence” of a Prohibited Substance under Article 2.1.
FIH 2021 Anti -Doping Rules Page 7 of 76 2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used.
Accordingly, it is not necessary that intent, Fault, Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation for Use of a Prohibited Substance or a Prohibited Method .
2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material.
It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti -doping rule violation to be committed.5 2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person .6 2.4 Whereabouts Failures by an Athlete Any combination of three (3) missed tests and/or filing failures , as defined in the International Standard for Results Management , within a twelve (12) month period by an Athlete in a Registered Testing Pool.
2.5 Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person 2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person 2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmatio n from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti -Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.]
5 [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part.
The fact that intent may be required to prove this particular anti -doping rule violation does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in re spect of Use of a Prohibited Substance or Prohibited Method.
An Athlete’s Use of a Prohibited Substance constitutes an anti -doping rule violation unless such substance is not prohibited Out -of-Competition and the Athlete’s Use takes place Out -of-Competit ion.
(However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In -Competition is a violation of Article 2.1 regardless of when that substance might have been administered .)]
6 [Comment to Article 2.3: For example, it would be an anti -doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing.