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40 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substan ce entered one’s system, it is highly unlikely that in a doping case under Article 2.1 an Athlete will be s... |
ISA 2021 Anti -Doping Rules Page 31 of 67 the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.41 10.2.4 Notwithstanding any other provision in Article 10.2, where the anti -doping rule violation involves a Substance of A buse : 10.2.4... |
In addition, the period of Ineligibilit y calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by ISA . |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.42 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sp... |
10.3 Ineligibility for Other Anti -Doping Rule Violatio ns The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can establish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibilit... |
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault . |
The f lexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last - 41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.] |
42 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of ISA . |
This Article is intended to give ISA the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.] |
ISA 2021 Anti -Doping Rules Page 32 of 67 minute whereabouts changes or other conduct raises a serious sus picion that the Athlete was trying to avoid being availa ble for Testing. |
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel . |
In addition, si gnificant violations of Article 2.7 or 2.8 which may also violate non- sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.43 10.3.4 For violations of Article 2.9, the period of Ineligibilit y imposed shall be a minimum of two (2) year... |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For viola tions of Article 2.11, the period of Ineligibility ... |
Since the authority of sport organizations is generally limited to Ineli gibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
44 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2. |
10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.] |
45 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlet e or Other Person to Discourage or Retaliate Against Reporting to Authorities ) shall be sanctioned based on the violation that carries the more severe sanction.] |
46 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retali ate Against Reporting to Authorities ) are not included in t... |
ISA 2021 Anti -Doping Rules Page 33 of 67 If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.47 10.6 Reduction of t he Period of Ineligibility based on No Significant Fault or Negli... |
All reductions under Article 10.6.1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse) or Specified Method, and the Athlete or other Person can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum,... |
10.6.1.2 Contaminated Products In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum , a reprimand and no... |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a compet itor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibi lity of supplement contamination); (... |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negl igence. ] |
48 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No S ignificant Fault or Negligence. |
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unl ess the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete ca n establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establis hing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the... |
This Article should not be extended beyond products that have gone through s ome process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non- product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti -doping rul e violation, typically there would be No Fault or Negligence under Article 10.5.] |
ISA 2021 Anti -Doping Rules Page 34 of 67 Where the anti -doping rule violation not invol ving a Substance of Abuse is committed by a Protected Person or Recreational Athlete, and the Protected Person or Recreational Athlete can establish No Sig nificant Fault or Negligence, then the period of Ineligibility shal... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as p... |
7, the otherwise appl icable period of Ineligibility may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than one- half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable per iod of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.49 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons O ther than Fault 10.7.1 Substantial A ssistance in Discovering... |
After an appellate decision under Article 13 or the expiration of time to appeal, ISA may only suspend a part of the otherwise applicable Consequences with the approval of WADA. |
49 [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti -doping rule violation except those Articles where intent is an element of the anti -doping rule violation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is alr... |
50 [Comment to Article 10. |
7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping rule violations to light is important to clean sport.] |
ISA 2021 Anti -Doping Rules Page 35 of 67 The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -doping rule violation committed by the Athlet e or other Person and the significance o f the Substantial Assistance provided by the Athlete ... |
No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non- suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of these Anti -Doping Rules . |
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, ISA shall all ow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, ISA shall reinstate the original Consequences . |
If ISA decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Athletes and other Person s to provide Substantial Assistance to Anti-Doping Organizations , at the request of ISA or at the request of the Athlete or other Person who has , or has been asserted to have, committed an anti -doping rule violation, or other violation of the Code, WADA ma... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no per iod of Ineligibility , no mandatory Public Disclosure and/or no return of prize money or payment of fines ... |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13, WADA’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If ISA suspends any part of an otherwise applicable sanction because of Substantial Assistance, then notice providing justification for the decision shall be provided to the other Anti-Doping Organizations with a right to appeal under Article 13.2.3 as provided in Article 14. |
In unique circumstances where WADA determines that it would be in the best interest of anti -doping, WADA may authorize ISA to enter into appropriate conf identiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
ISA 2021 Anti -Doping Rules Page 36 of 67 10.7.2 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where an Athlet e or other Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti-do... |
If the Athlete or other Person establishes entitlement to a r eduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one- fourth of the otherwise applicable period of Ineligibility . |
10.8 Results Management Agreements 10.8.1 One (1) Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where an Athlete or other Person, after being notified by ISA of a potential anti -doping rule violation that carries an asserted period of Ineligibility... |
Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.52 10.8.2 Case Resolution Agreement Where the Athlete or other Person ... |
It is not intended to appl y to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
52 [Comment to Article 10.8.1: For example, if ISA alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Athlete may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and ... |
This resolves t he case without any need for a hearing.] |
ISA 2021 Anti -Doping Rules Page 37 of 67 Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. |
In each case, however, where this Article is appli ed, the Athlete or other Person shall serve at least one- half of the agreed- upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Suspension which was subs equentl... |
The decision by WADA and ISA to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, ISA shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prej udice Agreement .53 10.9 Multiple Violations 10.9.1 Second... |
The period of Ineligibility within this range sha ll be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the second violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , exce pt if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility . |
10.9.1. |
3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7. |
10.9.2 An anti -doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a viol ation for purposes of this 53 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequen... |
ISA 2021 Anti -Doping Rules Page 38 of 67 Article 10.9. |
In addition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9 . |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti -doping rule violation will only be considered a second violation if ISA can establish that the Athlete or other Perso n ... |
If ISA cannot establish this, the vi olations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggra vating Circumstances . |
Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.54 10.9.3.2 If ISA establishes that an Athlete or other Person committed an additional anti -doping ru le violation prior to notification, and that the additional violation occurred tw... |
Where this Art icle 10.9.3.2 applies, the violations t aken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.3 If ISA establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand- alone first violation and the period of Ineligibility for su... |
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.4 If ISA establishes that an Athlete or other Person has committed a second or third anti -doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti -Doping Rule Violations during T en (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, ISA discovers facts involving an anti-doping rule violation that occurred prior to notification for a first anti -doping rule violation – e.g., ISA shall impose a sanction based on the sanction that could have been impos... |
ISA 2021 Anti -Doping Rules Page 39 of 67 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, al... |
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 ISA' recovery of costs shall not be consid ered 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 I neligibility 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 Athlet e 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, ISA or the CAS ADD , if applicab... |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on ISA to take any action to collect forfeited prize money. |
If ISA elects not to take any action to collect forfeited prize money, it may assi gn 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 ISA and its Athletes. ] |
ISA 2021 Anti -Doping Rules Page 40 of 67 collection or the date on which another anti -doping rule violation last occurred. |
All competitive results achieved during the period of Inel igibility , including retroactive Ineligibility , shall be Disqualifie d.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... |
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 Inelig ibility served against any period of Ineligibility which may ultimately be impos ed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from ISA 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 ultimate... |
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 gi ven for any time period bef... |
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