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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. |
]42 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES 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... |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , IWF shall impose sanctions for a violation of Article 2.9 for such assistance.10.14.4 Withholding of Financial Support during Ineligibility In addit... |
]IWF 2021 ANTI-DOPING RULES / 43these Anti-Doping Rules and ensure that their affiliated Athletes and other Persons comply with them. |
As a matter of principle, the Member Federations are liable for the conduct of their affiliated Athletes or other Persons . |
However, the Independent Panel should take into account the degree of fault or negligence of the Member Federation when determining the Member Consequences to be imposed in each case of a violation of this Article 12.6212.3 Categories of Violations and Applicable Sanctions12.3.1 Breach of a Member Federation’ s Obl... |
If the Member Federation fails to pay the fine within such deadline, further Member Consequences for an additional period of up to two years, or, if earlier, until the fine is settled in 62 [Comment to Article 12.2: whilst this Article 12 is based on the principle of “strict liability” whereby it is not necessary that... |
In such case, the Independent Panel should consider and appreciate any such attenuated degree of fault or negligence as a mitigating factor when determining the applicable Member Consequences. |
For the avoidance of doubt, the Member Federation shall bear the burden of estab -lishing any attenuating circumstance in relation to the Member Federation’s degree of fault or negligence. |
]63 [Comment to Article 12.3.2: for the purpose of determining whether four or more violations of these Anti-Doping Rules have occurred within a 12-month period, the date of the Adverse Analytical Finding or the date on which another an -ti-doping rule violation has occurred shall be considered. |
]64 [Comment to Article 12.3.2: if the Independent Panel considers that a violation of this Article 12.3.2 is severe (due to the number of violations, the substances involved, the level of fault of the perpetrators, the fact that the violations were committed by Athlete Support Personnel, etc. |
), then appropriate Member Consequences (including the exclusion of the Member Federation’s Athletes and Officials from participation in any IWF Events, or the possibility for the Athletes to participate exclusively in a neutral capacity) and/or a fine should be imposed, in order to promote behavioral change within the... |
]44 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESfull, may be imposed by the Independent Panel on the Member Federation concerned. |
For the avoidance of doubt, the fine remains due to IWF after the further Member Consequences have been fully served.12.3.2.1 Where there is a violation of Article 12.3.2 and any of the relevant underlying anti-doping rule violations occurs on the occasion of, or in connection with, any edition of the Summer Olympic... |
For the avoidance of doubt, the new period of Member Consequences shall only start running once all of the periods of the sanctions related to the prior Member Consequences (where different periods have been imposed by the Independent Panel) have been duly served by the Member Federation .12.5 Additional Fines 12.5.... |
(a)). |
The Member Federation shall pay the fine and costs within thirty (30) days of the date on which IWF demands such payment. |
If the Member Federation fails to pay within such deadline, it shall be prevented from entering any Athletes in IWF Events until it has paid the due amount in full.12.5.2 General Principles Applicable to Fines Imposed under Article 12.3.1 and 12.3.2 As a matter of principle, any fine imposed and collected under Art... |
In any event, IWF should keep detailed financial records on the use of the funds collected from fines imposed on Member Federations under these Anti-Doping Rules and in accordance with applicable laws.12.6 Conditional Suspension or Lifting of Member Consequences and Delegation to an Independent Monitoring Group12.6.1... |
For the avoidance of doubt, any lifted period of Member Consequences or ban on team officials shall be applied to the end of the relevant period of Member Consequences or ban on team officials. |
12.6.2 The IWF shall appoint an Independent Monitoring Group, composed of no less than 4 members from outside of the organization of the IWF, to monitor and rule on the compliance of a sanctioned Member Federation with the terms stipulated by the Independent Panel, where any decision thereof sets out conditions for s... |
12.6.3 The decisions of the Independent Monitoring Group as to the fulfilment of the eventual specific conditions determined by the Independent Panel may be appealed exclusively to CAS within twenty-one days from the date of receipt of the decision by the appealing party.46 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI... |
The IWF will then transfer the file to the Independent Panel for adjudication. |
The Independent Panel will render a decision on the basis of the written file, unless it considers in its entire discretion that exceptional circumstances require the holding of a hearing.6512.7.3 The Independent Panel may at any time and at its own discretion decide to impose provisional Member Consequences on the M... |
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 65 [Comment to Article 12.7.2: further details on inter alia the functioning of, and procedure applicable to, the Independent Panel may be set out by IWF in (a) separate document(s). |
]66 [Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. |
Anti-doping decisions by Anti-Doping Organizations are made transparent in Arti -cle 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 federations, who might benefit from having another competitor Disqualified. |
]IWF 2021 ANTI-DOPING RULES / 47expressly 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.6713.1.2 CAS Shall Not Defer to the Findings Being Appe... |
13.2.1 Appeals Involving International-Level Athletes or International Events In cases arising from participation in an International Event or in cases involving 67 [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. |
]68 [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. |
]69 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of IWF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of IWF’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in IWF’s internal process and appe... |
]48 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESInternational-Level Athletes , the decision may be appealed exclusively to CAS.7013.2.2 Appeals Involving Other Athletes or Other Person s In cases where Article 13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordance wit... |
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 Person s Entitled to Appeal 13.2.3.1 Appeals Involving International-Level Athletes or International Events In cases under Article 1... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and IWF shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body. |
70 [Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards. |
]IWF 2021 ANTI-DOPING RULES / 49 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 mu... |
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 Dec... |
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 IWF. |
7213.4 Appeals Relating to TUE s TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions IWF 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 Appeals73 13.6.1 Appeals to CAS The time to... |
This provision permits a full hearing for all parties. |
]72 [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 IWF to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult with IWF and give IWF an opportunity to explain why it has not yet rendered a decision. |
]73 [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. |
]50 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULESof 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 o... |
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.n. |
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.13.7 Appe... |
IWF 2021 ANTI-DOPING RULES / 51 If at any point during Results Management up until the anti-doping rule violation charge, IWF 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 Manageme... |
Notice shall be delivered or emailed to Athletes or other Persons . |
In addition to the notification by IWF, it shall also be the responsibility of the Member Federation to notify the Athlete or other Person . |
If the notification takes place via the Athlete or other Person’s Member Federation , the Member Federation shall confirm to IWF that they have delivered the notification to the Athlete or other Person .14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping Organization s and WADA Notice of the asse... |
If at any point during Results Management up until the anti-doping rule violation charge, IWF 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. |
Notice shall be delivered or emailed.14.1.3 Content of an Anti-Doping Rule Violation Notice Notification of an anti-doping rule violation under 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 ... |
Notice of anti-doping rule violations other than under Article 2.1 shall include the rule violated and the basis of the asserted violation.14.1.4 Status Reports Except with respect to investigations which have not resulted in notice of an anti-doping rule violation pursuant to Article 14.1.1, the Athlete’s or other P... |
14.1.6 Protection of Confidential Information by an Employee or Agent of the IWF IWF shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti-doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14... |
IWF shall ensure that its employees (whether permanent or otherwise), contractors, agents, consultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosure o... |
Where the decision is not in English or French, IWF 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 fifteen (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 pot... |
14.3.2 No later than twenty (20) days after it has been determined in a final 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 timely challenged, or the ... |
IWF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti-doping rule violations, including the information described above.74 74 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, IWF’s f... |
]IWF 2021 ANTI-DOPING RULES / 5314.3.3 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... |
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
IWF shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the IWF’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 , Member Fe... |
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 IWF shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy pr... |
IWF may also publish reports showing the name of each Athlete tested and the date of each Testing .14.5 Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control infor... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs, IWF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for T herapeutic Use Exemptions . |
14.5.3 To facilitate WADA’ s oversight and appeal rights for Results Management , IWF shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management : (a) notifications of anti-doping rule violations and related decisi... |
14.5.4 The information described in this Article will be made accessible, where appropriate and in accordance 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 IWF m... |
14.7 Means of NoticeAny notice given under these Anti-Doping Rules shall, in the absence of earlier or actual proof of receipt, be deemed to have been duly given as follows: (a) if delivered personally by hand against receipt, on the date of delivery; (b) if sent by post, seven calendar days after the date of ... |
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 ... |
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 IWF and its Member Federations without any further action required, on the earlier of the date IWF receives actual notice of the decision or the date the decision is placed into... |
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 IWF or its Member Federations unless the rules of the Major Event Organization provide the Athlete or other... |
]56 / IWF 2021 ANTI-DOPING RULES› IWF 2021 ANTI-DOPING RULES15.2 Implementation of Other Decisions by Anti-Doping Organizations IWF and its Member 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 Suspens... |
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on IWF’s website. |
Failure by an Athlete to complete Educational activities as requested by IWF may result in the imposition of sanctions under IWF's disciplinary rules and that Athlete may be declared 76 [Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 are implemented auto -matically by other ... |
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 Article 15.2 is not appealable separately from any appeal of the underlying decision. |
The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions. |
]77 [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, IWF, other Signatories and Member 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 Pro -hibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then IWF an... |
IWF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 15.3, is appealable under Article 13. |
]IWF 2021 ANTI-DOPING RULES / 57ineligible to compete in IWF Events by IWF, unless the Athlete provides to IWF a justification for such failure, which shall be assessed by IWF on a case by case basis.Upon request of IWF, the Member Federation hosting an IWF World Championship (Youth, Junior and Senior) shall be res... |
Any costs related to such educational activities shall be borne by the Member Federation . |
Failure to do so may result in sanctions under Article 12 of these Anti-Doping Rules.ARTICLE 18ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER FEDERATIONS18.1 All Member Federations and their members shall comply with the Code, International Standards , and these Anti-Doping Rules. |
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