text stringlengths 1 17.8k |
|---|
IWF shall Publicly Disclose that decision in accordance with Article 14.3.2.8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International-Level Athletes , National-Level Athletes or other Persons may, with the consent of the Athlete or other Person, IWF (where it has Results Management re... |
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete ’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .3910.1.2 If the Athlete establishes that he or she bears No Fault or Neg... |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation. |
]39 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships). |
]IWF 2021 ANTI-DOPING RULES / 3110.2.1.1 The anti-doping rule violation does not involve a Specified Substance or a Specified Method , unless the Athlete or other Person can establish that the anti-doping rule violation was not intentional.4010.2.1.2 The anti-doping rule violation involves a Specified Substance... |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti-doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and manife... |
An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition . |
An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered “intentional” if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a contex... |
In addition, the period of I neligibility 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 IWF. |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.4210.2.4.2 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 sport p... |
]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 IWF. |
This Article is intended to give IWF 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. |
]32 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES10.3 Ineligibility for Other Anti-Doping Rule ViolationsThe period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shall be as follows, unless Articles 10.6 or 10.7 are applicable: 10.3.1 For violations of Article 2.3... |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last-minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing .10.3.3 For violations of Article 2.7 or... |
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, significant 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.4310.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, u... |
Since the authority of sport organizations is generally limited to Ineligibility 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 Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that carries the more severe sanction. |
]IWF 2021 ANTI-DOPING RULES / 3310.4 Aggravating Circumstances which may Increase the Period of Ineligibility If IWF establishes in an individual case involving an anti-doping rule violation other than violations under Article 2.7 ( Trafficking or Attempted Trafficking ), 2.8 ( Administration or Attempted Administ... |
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 ... |
]47 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. |
They will only apply in exceptional circum -stances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. |
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 possibility of supplement contamination); (b)... |
However, depending on the unique facts of a particular case, any of the referenced illus -trations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence. |
]34 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES of Ineligibility , and at a maximum, two (2) years Ineligibility , depending on the Athlete or other Person ’s degree of Fault .4810.6.1.3 Protected Persons or Recreational Athletes Where the anti-doping rule violation not involving a Substance of Abuse... |
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 pro... |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.4910.7 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons other than Fault 10.7.1 Substantial Assistance in Discovering or ... |
It should be further noted that Athletes are on notice that they take nutritional sup -plements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the D... |
This Article should not be extended beyond products that have gone through some 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 rule violation, typically there would be No Fault or Negligence under Article 10.5. |
]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 alrea... |
]50 [Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowl -edge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport. |
]IWF 2021 ANTI-DOPING RULES / 35made available to IWF or other Anti-Doping Organization with Results Management responsibility; or (iii) which results in WADA initiating a proceeding against a Signatory , WADA -accredited laboratory, or Athlete passport management unit (as defined in the International Standard f... |
After an appellate decision under Article 13 or the expiration of time to appeal, IWF may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
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 Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate d... |
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 , IWF shall allow 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, IWF shall reinstate the original Consequences . |
If IWF 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 Persons to provide Substantial Assistance to Anti-Doping Organizations , at the... |
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 period 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.36 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES10.7.1.3 If IWF suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justification for the dec... |
In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorize IWF to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.10.7.2 Ad... |
If the Athlete or other Person establishes entitlement to a reduction 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 Agreements10.8.1... |
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.5251 [Comment to Article 10.7.2: This Article is intended to apply when an Athl... |
It is not intended to apply 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 IWF 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 IWF 2021 ANTI-DOPING RULES / 3710.8.2 Case Resolution Agreement Where... |
In each case, however, where this Article is applied, 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 subsequently... |
The decision by WADA and IWF 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, IWF shall allow the Athlete or other Person to discuss an admission of the anti-doping rule violation with it subject to a Without Prejudice Agreement .53 10.9 Multiple Violations10.9.1 Second or ... |
This resolves the case without any need for a hearing. |
]53 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement. |
]38 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES10.9.1.2 A third anti-doping rule violation will always result in a lifetime period of Ineligibility , except 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... |
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 ... |
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 Violations10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10... |
If IWF cannot establish this, the violations 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 Aggravating Circumstances . |
Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.5410.9.3.2 If IWF establishes that an Athlete or other Person committed an additional anti-doping rule violation prior to notification, and that the additional violation occurred twel... |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.3 If IWF 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 suc... |
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 IWF establishes that a Person has committed a second or third anti-54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, IWF discovers facts involving an anti-doping rule violation that occurred prior to notification for a first anti-doping rule violation – e.g.... |
]IWF 2021 ANTI-DOPING RULES / 39doping 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 Ten (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.10.10 Disqualification of Results in Competitions Subsequent to Sample Collection o... |
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 IWF's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under thes... |
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. |
55 [Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person. |
]56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on IWF to take any action to collect forfeited prize money. |
If IWF elects not to take any action to collect forfeited prize money, it may assign its right to recov -er 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 IWF and its Athletes. |
]40 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES10.13.1 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... |
All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified .5710.13.2 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 o... |
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 vol... |
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 14.1.5810.13.2.3 No credit against a period of Ineligibility shall be given for any time period before... |
In these circum -stances, 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. |
]IWF 2021 ANTI-DOPING RULES / 41Competitions authorized or organized by any professional league or any international- or national-level Event organization or any elite or national-level sporting activity funded by a governmental agency. |
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 on... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by IWF to provide whereabouts information.5910.14.2 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 memb... |
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 P erson 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 Member Federation or a club which is a member of that Member Federation or which is funded by... |
Further, an Ineligible Athlete may not compete in a non-Signa -tory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organ -ized 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 Ineli -gibility shall not be recognized by IWF or its Member 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), Ath -letes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.