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IRF 2021 Anti-Doping Rules Page 40 of 68 10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti-Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other comp... |
Dollars, only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed. |
10.12.2 The imposition of a financial sanction or the IRF' recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti-Doping Rules. |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti-doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control, and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person, IRF or the IRF Doping Hearing Panel, if... |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on IRF to take any action to collect forfeited prize money. |
If IRF elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by IRF and its Athletes.] |
IRF 2021 Anti-Doping Rules Page 41 of 68 occurred. |
All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.57 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person, then the Athlete or other ... |
If the Athlete or other Person does not respect a Provisional Suspension, then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from IRF and thereafter respects the Provisional Suspension, the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be... |
A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Article 14.1.58 10.13.2.3 No credit against a period of Ineligibility shall be given for any time period before t... |
10.13.2.4 In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension, ... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
58 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.] |
IRF 2021 Anti-Doping Rules Page 42 of 68 any capacity in a Competition or activity (other than authorized anti-doping Education or rehabilitation programs) authorized or organized by any Signatory, Signatory's member organization, or a club or other member organization of a Signatory’s member organization, or in Com... |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory, but only so l... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by IRF to provide whereabouts information.59 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member ... |
The new period of Ineligibility, including a reprimand and no period of Ineligibility, may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility. |
This decision may be appealed under Article 13. |
59 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organized by their National Federation or a club which is a member of that National Federation or which is funded by a governmental agency. |
Further, an Ineligible Athlete may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non-Signatory International Event organization or a non-Signatory national-level Event organization without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization described in this Article. |
Ineligibility imposed in one sport shall also be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a period of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance standard accomplished during a period of Ineligibility shall not be recognized by IRF or its National Federations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training.] |
IRF 2021 Anti-Doping Rules Page 43 of 68 An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified. |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension, IRF shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by IRF and its Nation... |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team (outside of Team Sports) has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of all members of the team during the ... |
11.2 Consequences for Teams 11.2.1 An anti-doping rule violation committed by a member of a doubles team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition, with all resulting Consequences for the team and its members, including for... |
11.2.2 An anti-doping rule violation committed by a member of a doubles team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, e... |
11.2.3 If a member of a team is found to have committed a violation of these Anti-Doping Rules during or in connection with an Event where a team ranking is based on the addition of individual and/or doubles results, the results of the Athlete committing the violation will be subtracted from the team result. |
If by removing the Athlete's results from the team results, the number of Athletes counting for the team is less than the required number, the team shall be eliminated from the ranking, with all Consequences for the team and its members, including forfeiture of all medals, points and prizes. |
11.2.4 Where an Athlete who is a member of a team committed an anti-doping rule violation during or in connection with one (1) Competition in an Event, if the other IRF 2021 Anti-Doping Rules Page 44 of 68 member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, th... |
ARTICLE 12 SANCTIONS BY IRF AGAINST OTHER SPORTING BODIES When IRF becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Rules within that organization’s or body’s area of competence, IRF has the auth... |
12.2 Take additional disciplinary actions with respect to that organization’s or body’s recognition, the eligibility of their members to participate in IRF’s activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti-Doping Rules (other than violations i... |
In such event: (a) all or some group of members of that organization or body may be banned from participation in any IRF activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to 500 U.S. |
Dollars. |
12.2.2 Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. |
In such event, that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti-doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount up to 5,000 U.S. |
Dollars. |
12.2.4 That organization or body has failed to make diligent efforts to keep IRF informed about an Athlete's whereabouts after receiving a request for that information from IRF. |
In such event, that organization or body may be fined in an amount up to 2,000 U.S. |
Dollars per Athlete, in addition to reimbursement of all of the IRF costs incurred in Testing that organization’s or body’s Athletes. |
12.3 Withhold some or all funding or other financial and non-financial support to that organization or body. |
12.4 Oblige that organization or body to reimburse IRF for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated with that organization or body. |
IRF 2021 Anti-Doping Rules Page 45 of 68 ARTICLE 13 RESULTS MANAGEMENT: APPEALS 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti-Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the Internat... |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. |
Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.62 13.1.2 CAS Shall Not Defer to the Findings Being Ap... |
Anti-doping decisions by Anti-Doping Organizations are made transparent in Article 14. |
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct 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 weight in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of IRF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of IRF’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in IRF’s internal process and appe... |
IRF 2021 Anti-Doping Rules Page 46 of 68 under Article 5.6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code; a decision by IRF not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision not to go forward with an anti-dopin... |
13.2.1 Appeals Involving International-Level Athletes or International Events In cases arising from participation in 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 cases where... |
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 expense; 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 Appeal 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 party to the... |
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 appellate 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 ... |
IRF 2021 Anti-Doping Rules Page 47 of 68 other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) IRF; (d) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license h... |
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and IRF shall also have the right to appeal to CAS with respect to the decision of the appellate 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 by IRF 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 subsequent 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 IRF Where, in a particular case, IRF fails to render a decision with respect to whether an anti-doping rule violation was committed... |
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 and attorney fees in prosecuting the appeal shall be reimbursed to WADA by IRF.67 66 [Comment to A... |
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 IRF to render a decision before WADA may intervene IRF 2021 Anti-Doping Rules Page 48 of 68 13.4 Appeals Relating... |
13.5 Notification of Appeal Decisions IRF shall promptly provide 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 14.2. |
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to 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 relating 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 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 relating to the decision. |
by appealing directly to CAS. |
Before taking such action, however, WADA will consult with IRF and give IRF an opportunity to explain why it has not yet rendered a 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.] |
IRF 2021 Anti-Doping Rules Page 49 of 68 ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings, Atypical Findings, and Other Asserted Anti-Doping Rule Violations 14.1.1 Notice of Anti-Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Per... |
If at any point during Results Management up until the anti-doping rule violation charge, IRF 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). |
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