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WADA’s decision in determining that Minimum Reporting Level or in determining which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subj ect to challenge. |
Further, the laboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. |
In no event shall the possibility t hat the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitut e a defense to an anti -doping rule violation based on the presence of that Prohibited Substance in the Sample. ] |
IOF Anti-Doping Rules Page 11 of 66 accordance with the International Standard for Laboratories. |
The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Ana lytical Finding . |
If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding, then the IOF shall have the burden to establish that such departure did not cause the Adverse Anal... |
Main Document Only. |
The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. |
Thus, once the Athlete or other Person es tablishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to the IOF to prove to t... |
15 [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling, Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International Standard for Education, International Standard for the Prot... |
Similar ly, the IOF ’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violation.] |
IOF Anti-Doping Rules Page 12 of 66 the IOF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ;16 (iv) a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an anti-doping rule viola... |
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establ... |
3.2.5 The hearing panel in a hearing on an anti -doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a re quest made in a reasonable time in advance of the heari... |
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code. |
Unless provided otherwi se in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA, without requiring any further action by the IOF or its National Federations. |
All Athle tes and other Persons shall be bound by the Prohibited List , and any revisions thereto, from the date they go into effect, without further formality. |
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up- to-date version of the Prohibited List and all revisions thereto. |
The IOF shall provide its National Federations with the most recent version of the Prohibited List . |
Each National Federation shall in turn ensure that its members , and the constituents of its members , are also provided with the most recent version of the Prohibited List .17 4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods ... |
17 [Comment t o Article 4.1: The current Prohibited List is available on WADA's website at https://www.wada -ama.org . |
The Proh ibited List will be revised and published on an expedited basis whenever the need arises. |
However, for t he sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.] |
IOF Anti-Doping Rules Page 13 of 66 because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only. |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substances and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.18 4.2.2 Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances s... |
4.3 WADA’s Determination of the Prohibited List WADA’s determination of the Prohibite d Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In -C... |
4.4 Therapeutic Use Exemptions (“ TUEs ”) 4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not be considered an anti -doping rule violation... |
4.4.2 TUE Applications 4.4.2.1 Athletes who are not International -Level Athletes shall apply to their National Anti -Doping Organization for a TUE. |
If the National Anti -Doping Organization denies the application, the Athlete may appeal 18 [Comment to Article 4.2.1: Out -of-Competition Use of a substance which is only prohibited In- Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Mark... |
19 [Comment to Article 4.2.2: The Specified Substances and Specified Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods . |
Rather, they are simply substances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance. ] |
IOF Anti-Doping Rules Page 14 of 66 exclusively to the national -level appeal body described in Article 13.2.2. |
4.4.2.2 Athletes who are International -Level Athletes shall apply to the IOF. |
4.4.3 TUE Recognition20 4.4.3.1 Where the Athlete already has a TUE granted by their National Anti -Doping Organization pursuant to Article 4.4 of the Code for the Prohibited Substance or Prohibited Method in question, and if that TUE meets the criteria set out in the International Standard for Therapeuti c Use Exem... |
If the IOF considers that the TUE does not meet those criteria and so refuses to recognize it, the IOF must notify the Athlete and the Athlete ’s National Anti-Doping Organization promptly, with reasons. |
The Athlete or the National Anti -Doping Organization shall have twenty -one ( 21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4. |
7. |
If the matter i s referred to WADA for review, the TUE granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition) pending WADA’s decisio n. If the matter is not referred to WADA for review withi... |
Pending the National Anti-Doping Organization’s decis ion, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition).21 4.4.3. |
2 If the IOF chooses to test an Athlete who is not an International -Level Athlete , the IOF must recognize a TUE grant ed to that Athlete by their National Anti -Doping Organization unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard f... |
20 [Comment to Article 4.4.3: If t he IOF refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter shou... |
Instead, the file should be completed and re-submitted to the IOF.] |
[Comment to Article 4.4.3: The IOF may agree with a National Anti -Doping Organization that the National Anti -Doping Organization will consider TUE applications on behalf of the IOF.] |
21 [Comment to Article 4.4.3.1: Further to Articles 5.7 and 7.1 of the International Standard for Therapeutic Use Exemptions, t he IOF must publish and keep updated a notice on its website that sets out clearly (1) which Athletes under its authority are required t o apply to it for a TUE, (2) whi ch TUE decisions o... |
If an Athlete's TUE falls into a category of automatically recognized TUEs, then the Athlete does not need to apply to t he IOF for recognition of that TUE. ] |
IOF Anti-Doping Rules Page 15 of 66 4.4.4 TUE Application Process 22 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to the IOF. |
4.4.4.2 An application t o the IOF for grant or recognition of a TUE must be made as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply . |
The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exempti ons as posted on the IOF ’s website. |
4.4.4.3 The IOF shall establish a panel (Therapeutic Use Exemption Committee (“TUEC” )) to consider applications for the grant or recognition of TUEs in accordance with Article 4.4.4.3(a) -(d) below: (a) The TUEC shall cons ist of a Chair and two (2) other members with experience in the care and treatment of A... |
Each appointed member shall serve a term of four (4) years. |
(b) Before serving as a member of the TUE C, each member must sign a conflict of interest and confidentiality declaration. |
The appointed members shall not be employees of the IOF. |
(c) When an application to the IOF for the grant or recognition of a TUE is made, the Chair of the TUEC shall appoint three (3) members (which may include the Chair) to consider the application. |
(d) Before considering a TUE application, each member shall disclose to the Chair any circumstances likely to affect their impartiality with respect to the Athlete making the applicat ion. |
If a member appointed by the Chair to consider an application is unwilling or unable to assess the Athlete ’s TUE application, for any reason, the Chair may appoint a replacement or appoint a new TUEC (e.g., from the pre- established pool of candidates) . |
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to af fect the impartiality of the TUE decision . |
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provi sions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one ( 21) days of receipt of a complete application. |
Where the application is made in a 22 [Comment to Article 4.4. |
4: The submission of falsified documents to a TUEC or t he IOF , offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of t... |
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.] |
IOF Anti-Doping Rules Page 16 of 66 reasonable time prior to an Event , the TUE C must use its best endeavors to issue its decision before the start of the Event . |
4.4.4.5 The TUEC decision shall be the final decision of t he IOF and may be appealed in accordance with Article 4.4. |
7. |
The IOF TUEC decision shall be notified in writing to the Athlete, and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions . |
It shall also promptly be reported into ADAMS . |
4.4.4.6 If the IOF (or the National Anti-Doping O rganization, where it has agreed to consider the application on behalf of the IOF) denies the Athlete’s application, it must notify the Athlete promptly, with reasons. |
If the IOF grants the Athlete’s application, it must notify not only the Athlete but als o their National Anti -Doping Organization. |
If the National Anti -Doping Organization considers that the TUE granted by the IOF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4. |
7. |
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by t he IOF remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition) pending WADA’s decision. |
If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by the IOF becomes valid for national -level Competitio n as well when the twenty -one ( 21) day review deadline expires. |
4.4.5 Retroactive TUE Applications If the IOF chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, the IOF must permit that Athlete to apply for a retroac... |
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall exp ire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) will be withdrawn if the Athlete does not promptly comply wit... |
4.4.6.2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possessi on or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal , or reversal of the TUE. |
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, IOF Anti-Doping Rules Page 17 of 66 reported shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whether such finding is consistent with Use of the Proh... |
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review the IOF ’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organization. |
In addition, WADA must review the IOF ’s decision to grant a TUE that is referred to WADA by the Athlete’s National Anti-Doping Organization . |
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. |
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not inte rfere with it. |
If the TUE decision does not meet those criteria, WADA will reverse it.23 4.4.7.2 Any TUE decision by the IOF (or by a National Anti -Doping Organization where it has agreed to consider the application on behalf of the IOF ) that is not revi ewed by WADA, or that is reviewed by WADA but is not reversed upon review... |
4.4.7.4 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 shal l be considered a denial of the application thus triggering the applicable rights of review/appeal . |
ARTICLE 5 TESTING AND INVESTIGATIONS 5.1 Purpose of Testing and Investigations25 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose. |
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations . |
5.1.2 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 23 [Comment to Article 4.4. |
7.1: WADA shall be entitled to char ge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Arti cle 4.4. |
7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.] |
24 [Comment to Article 4.4. |
7.2: In such cases, the decision being appealed is the IOF ’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. |
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. |
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.] |
25 [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 of the Code .] |
IOF Anti-Doping Rules Page 18 of 66 Metabolites or Markers in an Athlete ’s Sample ) or Article 2.2 ( Use or Attempted Use by an Athlete of a Prohibit ed Substance or a Prohibited Method). |
5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, the IOF shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules ( Section “Scope of these Anti-Doping Rules ”). |
5.2.2 The IOF may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.26 5.2.3 WADA shall have In -Competition and Out-of-Competition Testing authority as set out in Article 20.7. |
10 of the Code. |
5.2.4 If the IOF 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 t o perform additional types of analysis at the National Anti -Doping Organiza... |
If additional Samples are collected or additional types of analysis are performed, the IOF shall be notified. |
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