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The period of Ineligibility within this range shall 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 , 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 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 violation for purposes of this Article 10.9. |
In addition, an anti -doping rule violation sanc tioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9. |
IWWF Anti -Doping Rules 2021 Page 48 of 88 Pages 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 IW... |
If IWWF 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 10.10.53 10.9.3.2 If IWWF establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred... |
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 IWWF 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... |
Where this Article 10.9.3.3 is applied, the violations taken 53 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, IWWF discovers facts involving an anti-doping rule violation that occurred prior to notification for a first anti -doping rule violation – e.g., IWWF shall i... |
IWWF Anti -Doping Rules 2021 Page 49 of 88 Pages together shall constitute a single vio lation for purposes of Article 10.9.1. |
10.9.3.4 If IWWF establishes that a 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 consecutive ly, 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 or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sampl e under Article 9, all other competitive results of the Athlete obtai... |
55 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on IWWF to take any action to collect forfeited prize money. |
If IWWF elects not to take any act ion to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collect ed forfeited pr ize money as agreed upon by IWWF and its Athletes.] |
IWWF Anti -Doping Rules 2021 Page 50 of 88 Pages rule viol ation, regardle ss of the period of Ineligibility imposed and/or (b) fine the Athlete or other Person in an amount up to one thousand U.S. |
Dollars (US$ 1,000), only in cases where the maximum period of Ineligibility otherwise applicable has already been imp osed. |
10.12.2 The imposition of a financial sanction or the IWWF's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules. |
10.13 Commencement o f 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 provi ded below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13 .1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person, IWWF or IWWF Doping Hearing Pa... |
All c ompetitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .56 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 ... |
If the Athlete or other Person does not respect a Provisi onal Suspension, then the Athlete or other 56 [Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, the time required for an Anti -Doping Organization to discover and develop facts suffici ent to establis h an a... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earl ier date should not be used.] |
IWWF Anti -Doping Rules 2021 Page 51 of 88 Pages Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from IWWF and thereafte r 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 ulti... |
A copy of the Athlete or other Person’s volun tary 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 14.1.57 10.13.2.3 No credit against a period of Ineligibility shall be given for any ti me period... |
10.13.2.4 In Waterski R acing or Show Skiing, where a period of Ineligibility is im posed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is acce... |
A ny period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Partici pation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspe... |
IWWF Anti -Doping Rules 2021 Page 52 of 88 Pages Education or rehabilitation programs) authorized or organized by any Signatory , Signatory's member organization, or a club or other member organization of a Signatory’s member organi zation, or in C ompetitions authorized or organized by any professional league or... |
An Athlete or other Person subject to a period of I neligibility 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 C ode Signatory , but o... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by IWWF to provide whereabouts information.58 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other me... |
Further, an Ineligible Athlete may not compete in a non- Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non- Signatory International Event organization o r 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 I neligibility 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 performanc e standar d accomplished during a period of Ineligibility shall not be recognized by IWWF or its N ational Federations for any purpose.] |
59 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Artic le 10.14.1 other than training.] |
IWWF Anti -Doping Rules 2021 Page 53 of 88 Pages 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Perso n who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14... |
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 othe r circumstances of the case. |
The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receiv e no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified. |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibil ity or a Provis ional Suspension, IWWF shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti -doping rule violation not involving a reduced sanctio n as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport -related benefits received by such Person will be withheld by IWWF and its... |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
IWWF Anti -Doping Rules 2021 Page 54 of 88 Pages ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Consequences for Teams in Team competition If a member of a team competing in a team Competition is found to have committed a violatio n of these Anti- Doping Rules during an Event where a team ranking is based on the additi... |
If by removing the Athlete' s results from the team results, the number of Athletes counting for the team is less than the required number, the team shall be eliminated from the ranking. |
11.2 Consequences for Teams in Waterski Racing 11.2. |
1 An anti -doping rule violation committed by a member of a team (Skier/Driver/Observer) in connection with an In -Competition test falling under the provisions of Article 10.2.1 or/and anti -doping rule violations committed by more than one member of the team in connectio n with In -Competition tests in the same E... |
An anti -doping rule violation committed by a member of a team in connection with an In-Competition test involving a Specified Substance may not lead to Disqualification of the result obtained by the team in that Competition, unless fairness requires otherwise or unless IWWF establishes that the anti -doping rule vio... |
11.2.2 An anti -doping rule violation committed by a member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except... |
11.2.3 Where an Athlete who is a member of a team commi tted an anti-doping rule violation during or in connection with one (1) Competition in an Event, if the other members of the team establish that they bear No Fault or Negligence for that violation, the results of the team in any other Competition(s) in that Eve... |
IWWF Anti -Doping Rules 2021 Page 55 of 88 Pages 11.2.4 If the results of teams (Skier/Driver/Observer) are counted together for a collective overall result (e.g. |
nationalteam -competition) article 11.1 shall apply analogously. |
11.3 Consequences for Teams in Show Skiing 11.3.1 Where more than one (1) member of a team in a Show Skiing Team has been notified of an anti-doping rule violation under Article 7 in connection with an Event , appropriate Target Testing of the team shall be conducted during the Event Period . |
11.3.2 Anti-doping rule violations committed by more than one (1 ) member of a Show Skiing team in connection with In -Competition tests in the same Event automatically leads to Disqualification of the result obtained by the team in that Competition(s) , with all resulting Consequences for the team and its members, ... |
11.3.3 An anti -doping rule violation committed by more than one (1) member of a team occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points a... |
3.4. |
11.3.4 Where Athlete s who are member s of a team committed anti -doping rule violations during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the team in any other Competi... |
ARTICLE 12 SANCTIONS AN D COSTS ASSESSE D AGAINST SPORTING BODIES When IWWF becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti -Doping Rules within that organization’s or body’s area of IWWF Anti -Dopin... |
12.2 Take additional disciplinary actions with respect to that organization’s or body’s recognition, the eligibility of their members to participate in IWWF’s activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other than violation... |
In such event: (a) all or some gro up of members of that organization or body may be banned from participation in any IWWF activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to Five Thousand U.S. |
Dollars (US$ 5000) . |
12.2.2 Four (4) or more violations of these Anti -Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period . |
In such event, that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti -doping rule violation during an Inte rnational Event. |
In such event, that organization or body may be fined in an amount up to Five Thousand U.S. |
Dollars (US$5,000). |
12.2.4 That organization or body has failed to make diligent efforts to keep IWWF informed about an Athlete's whereabouts after receiving a request for that information from IWWF. |
In such event, that organization or body may be fined in an amount up to Five Thousand U.S. |
Dollars (US$5,000) per Athlete , in addition to reimbursement of all of the IWWF costs incurred in Testing that organization’s or body’s Athletes . |
12.3 Withhold some or all funding or other financial and non- financial support to that organization or body . |
12.4 Require that organization or body to reimburse IWWF for all costs (including but not limited to labo ratory fees, hearing expenses and IWWF Anti -Doping Rules 2021 Page 57 of 88 Pages travel) related to a violation of these Anti -Doping Rules committed by an Athlete or other Person affiliated with that org... |
ARTICLE 13 RESULTS MANAGEMENT: APPEALS 60 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or the International Standards . |
Such decisions shall remain i n effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decisi on 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 address ed in the first instance hearing.61 13.1.2 CAS Shall Not Defer to the Findings Being A... |
Anti -doping decisions by Anti -Doping Organizations are made transpare nt in Article 1 4. |
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 Athle tes, or their f ederations, who might benefit from having another competitor Disqualified.] |
61 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather fo r clarification. |
For example, where an Athlete was c harged 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 i n the appeal.] |
62 [Comment to Article 13.1.2: CAS pr oceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.] |
63 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of IWWF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of IWWF’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in IWWF’s internal process and... |
IWWF Anti -Doping Rules 2021 Page 58 of 88 Pages 13.2 Appeals fro m Decisions Regarding Anti- Doping Rule Violations, Consequences, Provisional Suspensions, Implementation of Decisions and Authority A decision that an anti -doping rule violation was committed, a decision imposing Consequences or not imposing ... |
13.2.1 Appeals Involving International -Level Athlete s or Internatio nal Events In cases arising from participation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS .64 13.2.2 Appeals Involving Other Athletes or Other Persons In ca... |
The rules for such appeal shall respect the foll owing principles: a timely hearing; a fair, impartial, Operationally 64 [Comment to Article 13.2.1: CAS decisi ons are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.] |
IWWF Anti -Doping Rules 2021 Page 59 of 88 Pages 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 a s described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS : (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other part... |
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