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In particular, no member shall have previously considered any TUE application, Results Management decision, or appeals in the same given case. |
8.1.1.4 The IWWF D oping Hearing Panel shall consist of an independent Chair and two (2) other independent members and three (3) substitute members. |
IWWF Anti -Doping Rules 2021 Page 34 of 88 Pages 8.1.1.5 Each member and substitute member shall be appointed by taking into consideration their requisite anti-doping experience including their legal, sports, medical and/or scientific expertise. |
Each member and substitute member shall be appointed for renewable terms of four (4) years. |
8.1.1.6 IWWF Doping Hearing Panel has to be in a position to conduct the hearing and dec ision- making process without interference from IWWF or any third party. |
8.1.2 Hearing Process 8.1.2.1 When IWWF sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to the IWWF Doping Hearing Pa... |
8.1.2.2 The Chair shall appoint three (3) members (which may include the Chair) to hear that case. |
When hearing a case, at least one (1) panel member shall be a qualified lawyer, with no less than three (3) years of relevant legal experience, and at least one (1) panel member shall be a qualified medical practitioner, with no less than three (3) years of relevant medical experience. |
8.1.2.3 Upon appointment by the Chair as a member o f IWWF Doping H earing Panel, each member must also sign a declaration that there are no facts or circumstances known to him or her which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the d... |
IWWF Anti -Doping Rules 2021 Page 35 of 88 Pages 8.1.2.4 Hearings held in connection with Event s in respect to Athletes and other Persons who are subject to these Anti-Doping Rules may be conducted by an expedited process where permitted by the IWWF Doping Hearing Panel.35 8.1.2.5 WADA, the National Federatio... |
In any event, IWWF shall keep them fully apprised as to the status of pending cases and the result of all hearings . |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, the IWWF Doping Hearing Panel shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the ful l reasons for the decision, the period of Ineligibility imposed,... |
8.2.2 IWWF shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
The decision may be appealed as provided in Article 13. |
8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping violation is asserted may admit that violation at any time, waive a hearing and accept the Consequences proposed by IWWF . |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty -one days the deadline otherwise specified in the notice sent by the IWWF asserting the violation, then they shall be deemed to have admitted the violation, to have wai... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before IWWF Doping Hearing Panel shall not be required. |
Instead IWWF shall promptly issue a written decision that conforms with Article 9 of the International St andard for Results Management and which includes the full reasons for the decision, the period 35 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the res... |
IWWF Anti -Doping Rules 2021 Page 36 of 88 Pages of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed. |
8.3.4 IWWF shall notify that decision to the Athlete or other Person and to other Anti -Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
IWWF 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 , IWWF (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a s... |
36 [Comment to Article 8.4: In some cases, the combined cost of holding a hearing in the first instance at the international or national level, then rehearing the case de novo before CAS can be very substantial. |
Where all of the parties ident ified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti -Doping Organizations to incur the extra expense of two (2) hearings . |
An Anti -Doping Organization may partici pate in the CAS hearing as an observer. |
Nothing set out in Article 8.4 precludes the Athlete or other Person and IWWF (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreem ent and not any other entity with a right of appeal under the Code] 37 [Comment to Article 9: In competitions with team ratings, any awards received by individual skiers will be Disqualified and not counted to the teams results. |
However, ev entual Disquali fication of the team will be as provided in Article 11. |
IWWF Anti -Doping Rules 2021 Page 37 of 88 Pages Factors to be included in considering whether to Disqualify other results in an Event might inc lude, for examp le, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .38 10.1.2 If the Ath... |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reducti on or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2... |
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 Person s 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 mani... |
An anti-doping rule violation 38 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), this Article ma y lead to Disqualification of all results in all races during the Event (e.g., the swimming World Cham... |
39 [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 vi olation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in a doping case un der Article 2.1 an Athlete will be... |
IWWF Anti -Doping Rules 2021 Page 38 of 88 Pages 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 Use... |
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 Spec ified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a contex... |
In addition, the peri od of Ineligibi lity 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 IWWF. |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.41 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... |
40 [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.] |
41 [Comment to Article 10.2.4.1: The determinations as to w hether 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 IWWF. |
This Article is intended to give IWWF 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 c riteria for acceptable treatment programs. ] |
IWWF Anti -Doping Rules 2021 Page 39 of 88 Pages 10.3 Ineligibility for Other Anti- Doping Rule Violations 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 ... |
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. |
T he 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 av ailable 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 v iolation involv ing 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.42 42 [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subj... |
Since the authority of spor t organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent author ities is an important step in the deterrence of doping.] |
IWWF Anti -Doping Rules 2021 Page 40 of 88 Pages 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of the violation. |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a mini mum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.43 10.3.6 For violations of Article 2.11, the period of Ineligibility ... |
44 [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 car ries the more severe sanction.] |
45 [Comment to Article 10.4: Violations under Articles 2.7 (T rafficking or A ttempted 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 Retaliate Against Reporting to Authorities ) are not included in ... |
46 [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 circumstances, for example, where an Athlete could prove that, despite all due c are, he or she was sabotaged by a competitor. |
Conversely, No IWWF Anti -Doping Rules 2021 Page 41 of 88 Pages 10.6 Reduction of the Period of Ineli gibility based on No Significant Fault or Negligence 10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6. |
All reductions under Article 10.6.1 are mutually exclusive and not cumulative. |
10.6.1.1 Specifie d 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 m... |
10.6.1.2 Contaminated Products In cases w here 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... |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a r educed sanction under Article 10.6 based on No Significant Fault or Negligence. ] |
47 [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 c ame from a Cont aminated Product, but must also separately establish No Significant Fault or Negligence. |
It should be further noted that Athletes are on notice that they take nutritional supplements at their o wn 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 S ubstance, it wo uld, 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... |
This Ar ticle 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.] |
IWWF Anti -Doping Rules 2021 Page 42 of 88 Pages 10.6.1.3 Protected Persons or Recreational Athletes Where the anti -doping rule violation not involving a Substance o f Abuse is committed by a Protected Person or Recreational Athlete , and the Protected Person or Recreational Athlete can establish No Signi... |
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 pr... |
If the otherwise applicable period of Ineligibili ty is a lifetime, the reduced period under this Article may be no less than eight (8) years.48 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons other than Fault 10.7.1 Substantial Assi stance in Disco vering... |
49 [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 impor tant to clean s port.] |
IWWF Anti -Doping Rules 2021 Page 43 of 88 Pages Person ; or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the informati on provided by the Person providing Substantial Assistance is mad... |
After an appellate decision under Article 13 or the expiration of time to appeal, IWWF 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 dopin... |
No more than three -quarters of the otherwise applicabl e 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 , IWWF 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 Consequen ces was based, IWWF shall reinstate the IWWF Anti -Doping Rules 2021 Page 44 of 88 Pages original Consequences . |
If IWWF 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 Athlete s and other Person s to provide Substantial Assistance to Anti-Doping Organizations , at the request of IWWF 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 may agre... |
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 fine... |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13, WADA’s decisions i n the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If IWWF 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 14.2. |
In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorize IWWF to enter into appropri ate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
10.7.2 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where a n Athlete or ot her Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an ... |
If the Athlete or other Person establishes entitlement to a reductio n 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 Agreemen ts 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 IWWF of a potential anti -doping rule violation that carries an asser ted period of I neligibi... |
Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Arti cle 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.51 50 [Comment to Article 10.7.2: This Article is intended to apply when ... |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Perso n believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on t he likelihood t hat the Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
51 [Comment to Article 10.8.1: For example, if IWWF alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid and asser ts 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 ... |
This resolves the case without any need for a hearing.] |
IWWF Anti -Doping Rules 2021 Page 46 of 88 Pages 10.8.2 Case Resolution Agreement Where the Athlete or other Person admits an anti -doping rule violation after being conf ronted with the anti-doping rule violation by IWWF and agrees to Consequences acceptable to IWWF and WADA , at their sole discretion, then:... |
In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one -half of t he 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 subsequen... |
The decision by WADA and IWWF 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 subjec t 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, IWWF 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 .52 10.8.3 National regulations In the ... |
52 [Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequen ces set forth i n the case resolution agreement, and shall not be applicable beyond the terms of that agreement.] |
IWWF Anti -Doping Rules 2021 Page 47 of 88 Pages 10.9 Multiple Violations 10.9.1 Second or Third Anti -Doping Rule Violation 10.9.1.1 For an Athlete or other Person’s second anti -doping rule violation, the period of Ineligibility shall be the greater of: (a) A six (6) month period of Ineligibility ; or (... |
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