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For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.] |
63 [Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry wei ght in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of the IOF ’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the IOF ’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in the IOF ’s intern... |
IOF Anti-Doping Rules Page 45 of 66 anti-doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordance with th e International Standard for Results Management ; a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hear... |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from participation i n an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In ca... |
The rules for such appeal shall respect the following principles: a timely hearing; a fair , impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person's own ex pense; and a timely, written, reasoned decision . |
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to A ppeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other part... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, shall include the following parties: (a) the Athlete or oth... |
IOF Anti-Doping Rules Page 46 of 66 National Anti -Doping Organization of the Pe rson’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation... |
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and the IOF shall a lso have the right to appeal to CAS with respect to the decis ion of the national -level appeal body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti -Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3. |
4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions b y the IOF pursuant to Article 12 may be appealed exclusively to CAS by the National Federation or other body . |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subs equent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.66 13.3 Failure to Render a Timely Decision by the IOF Where, in a particular case, the IOF fails to render a decision with respect to whether an anti -doping rule violation wa... |
If the CAS hearing panel determines that an anti -doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs a nd attorney fees in prosecuting the appeal shall be reimbursed to WADA by the IOF.67 66 [Comment to Artic le 13.2.4: This provision is neces... |
This provision permits a full hearing for all parties.] |
67 [Comment to Article 13.3: Given the different circumstances of each anti -doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for t he IOF to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with t he IOF and give the IOF an opportunity to explain why it has not yet rendered a decision.] |
IOF Anti-Doping Rules Page 47 of 66 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions The IOF shall promptly provi de the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14. |
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time t o file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of the complete file relati ng to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization. |
The above notwithstanding, the fil ing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
68 [Comment to Article 13 .6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
IOF Anti-Doping Rules Page 48 of 66 ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notic e of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other... |
If at any point during Results Management up until t he anti -doping rule violation charge, the IOF decides not to move forward with a matter, it must notify the Athlete or other Person, (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Notice shall be delivered or emailed to Athletes or other Persons . |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to t... |
If at any point during Results Management up until the anti -doping rule violation charge, the IOF decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
Notic e shall be delivered or emailed. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include: the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In -Competition or Out-of-Competition, the date of Sampl... |
Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the assert ed violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and f indings of any review or proceedin... |
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National IOF Anti-Doping Rules Page 49 of 66 Olympic Committee , National Federation, until the IOF has made Public... |
14.1.6 Protection of Confidential Information by an Employee or Agent of the IOF The IOF shall ensure that information concerning Adverse Analyti cal Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Ar... |
14.2 Notice of Anti -Doping Rule Violation or V iolations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension render ed pursuant to Article 7. |
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed. |
Where the d ecision is not in English or Fr ench, the IOF shall provide an English or French summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fif teen ( 15) days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management , and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a pote... |
14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13 .2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti -doping rule violation has not otherwise been t imely challenged, or the ma... |
The IOF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above.69 69 [Comment to A rticle 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws... |
IOF Anti-Doping Rules Page 50 of 66 14.3. |
3 After an anti -doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13. |
2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an anti -doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Articl e 10.8, the IOF may make public such determination or decisio... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However, the decision itself and the underlying facts may not be Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decisio n. The IOF shall use reasonable efforts to obtain such consent , and if consent is obtained, shall Publicly Disclose the decision in its enti... |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the IOF ’s website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility . |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization, National Federation, or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response t... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor, Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case. |
14.4 Statistical Reporting The IOF shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA. |
the IOF may also publish reports showing the name of each Athlete tested and the date of each Testing. |
14.5 Doping Control Information Database and Monitorin g of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , the IOF shall report to WADA through ADAMS Doping C ont... |
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to en sure that Athlete Biological Passport profiles are updated, the IOF shall report all In -Competition and Out-of-Competition tests to WADA by entering the Doping Con... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUE s, the IOF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and ti melines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Managem ent, the IOF shall report the following information into ADAMS in accordanc e with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related de... |
14.5.4 The information described in this Article will be made accessible, where appropriate and in acc ordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organization, and any other Anti -Doping Organizations with Testing authority over the Athlete . |
14.6 Data Privacy 14.6.1 The IOF may collect, store, process or disclos e personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code, the International Standards (including specifically the International Standard for the Prote... |
14.6.2 Without limiting the foregoing, the IOF shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection ... |
ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations IOF Anti-Doping Rules Page 52 of 66 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization, an appellate body (Article 13.2.2 of the Code) ... |
15.1.1.2 A decision by any of the above- described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of ... |
15.1.1.3 A decision by any of the above- described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
15.1.1.4 A decision by any of the above- described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 The IOF and its National Federations shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date the IOF receives actual notice of the decision or the date the decision is placed into ADAMS. |
15.1.3 A decision by an Anti-Doping Organization, a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon the IOF and its National Federations without any further action required, on the earlier of the date the IOF receives actual notice of the decision or the date the decision i... |
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti-doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on the IOF or its National Federations unless the rules of the Major Event Organization provide the Athlete o... |
IOF Anti-Doping Rules Page 53 of 66 the IOF and its National Federations may decide to implement other anti -doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Pers... |
ARTICLE 1 7 EDUCATION The IOF shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the Internat ional Standard for Education. |
ARTICLE 1 8 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, International Standards , and these Anti -Doping Rules. |
All National Federati ons and other members shall include in their policies, rules and programs the provisions necessary to ensure that the IOF may enforce these Anti -Doping Rules ( including carrying out Testing) directly in respect of Athletes (including National -Level Athletes ) and other Persons under their ant... |
18.2 Each National Federation shall incorporate t hese Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respect of Athletes (including Na... |
71 [Comment to Articles 15.1 and 15.2: Anti -Doping Organization decisions under Article 15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part. |
For example, when a National Anti - Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. |
To be clear, the “decision” is the one made by the National Anti -Doping Organization, there is not a separate decision to be made by the International Federation. |
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organization. |
Implementation of Anti -Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion. |
A Signatory’s implementation of a decision under Article 15.1 or Arti cle 15.2 is not appealable separately from any appeal of the underlying decision. |
The extent of recognition of TUE decisions o f other Anti -Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions .] |
72 [Comment to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, the IOF , other Signatories , and National Federations should attempt to apply the decision in harmony with the principles of the Code. |
For example, if in a process consistent with the Code a non- Signatory has found an Athlete to have committed an anti -doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of I neligibility applied is shorter than the period provided for in the Code, then the ... |
the IOF or other Signatory’s implementation of a decision, or their decision not to impl ement a decision under Article 15.3 , is appealable under Article 13.] |
IOF Anti-Doping Rules Page 54 of 66 18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support the IOF in that function. |
They shall also rec ognize, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority. |
18.4 All National Federations shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti -Doping Rules by inter alia: (i) conducting Testing only under the document ed authority of the IOF and us ing their National Anti -Doping Organization or other Sample colle... |
18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by th e... |
18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to the IOF and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti -Doping Organization with authority to conduct the investigation. |
18.7 All National Federations shall ha ve disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of the IOF or the National Federation . |
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations. |
ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF THE IOF 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations , the IOF shall report to WADA on the IOF ’s compliance with the Code and the International Standards in accordance with Article 24.1.2 ... |
19.2 Subject to applicable law, and in accordance with Arti cle 20.3.4 of the Code, al l the IOF Council members, directors, officers and those employees (and those of appointed IOF Anti-Doping Rules Page 55 of 66 Delegated Third Parties ), who are involved in any aspect of Doping Control , must sign a form p... |
19.3 Subject to applicable law, and in acc ordance with Article 20.3.5 of the Code, any the IOF employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by t he IOF confirming that they are not Provisionally Suspended or ser... |
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