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13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties having the right to appeal to the national -level appeal body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, shall include the following parties: (a) the Athlete or ot... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International IWWF Anti -Doping Rules 2021 Page 60 of 88 Pages Paralympic Committee, and IWWF shall also have the right to appeal to CAS with respect to the decis ion of the nati onal-level appeal body. |
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 must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3.4 Appeal from Imposition of Provisional Suspension Notwithstandi ng 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 Decisions by IWW F pursuant to A rticle 12 may be appealed exclusively to CAS by the National Federation or other body. |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.65 13.3 Failure to Render a Timely Decision by IWWF Where, in a particular case, IWWF fa ils to render a decision with respect to whether an anti -doping rule violation was comm... |
If the CAS hearing panel determines that an anti -doping rule violation was committed and that WADA acted reasonably in electing to 65 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right t o cross appeal when an Anti -Doping Organization appeal... |
This provision permits a full hearing for all parties.] |
IWWF Anti -Doping Rules 2021 Page 61 of 88 Pages appeal directly to CAS , then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by IWWF.66 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions IWWF 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 Appeals67 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decisio n 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 f rom the notice of the decision, such party/ies shall have the right to request a cop... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days a fter 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. |
66 [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 IWWF to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking such action, however, WADA will consult wit h IWWF and give IWWF an opportunity to explain why it has not yet rendered a decision.] |
67 [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 decisi on. |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
IWWF Anti -Doping Rules 2021 Page 62 of 88 Pages 13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an i ndependent 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 b y 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. |
ARTICLE 14 CONFIDE NTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violations ... |
If at any point during Results Management up until the anti -doping rule violation charge, IWWF decides not to move forward with a m atter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assert ion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to... |
If at any poi nt during Results Management up until the anti -doping rule violation charge, IWWF 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. |
IWWF Anti -Doping Rules 2021 Page 63 of 88 Pages 14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation 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 -C... |
Notifi cation of anti -doping rule violations other than under Article 2.1 shall also 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 a notice of an anti -doping rule viol ation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceeding... |
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appro priate personnel at the applicable National Olympic Committee , National Federation, and the team – team representative - in Waterski Racing and Show Skiing... |
14.1.6 Protection of Confiden tial Information by an Employee or Agent of IWWF IWWF shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Pub licly Disclosed in accordance with Article ... |
IWWF 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 enforce able procedures for the investigation and disciplining of improper and/or unauthorized disclosur... |
IWWF Anti -Doping Rules 2021 Page 64 of 88 Pages 14.2 Notice of Anti -Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request f or Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension render... |
Where the decision is not in English or French, IWWF 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 notic e has been prov ided 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... |
14.3.2 No later than twenty (20) days after it has been determined in an 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 vi olation has not otherwise been timely challenged, or the mat... |
IWWF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above.68 68 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicabl e laws, IW... |
IWWF Anti -Doping Rules 2021 Page 65 of 88 Pages 14.3.3 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 ... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
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 deci sion. |
IWWF shal l 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 IWWF’s website and leaving the information up for at least one (1) month or the duration of any period of Ineligibility , whichever is longer. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3 , no Anti-Doping Organization, National Federation, or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in respo nse t... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti -doping rule violation is a Minor, Protected Person or Recreational Athlete . |
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. |
IWWF Anti -Doping Rules 2021 Page 66 of 88 Pages 14.4 Statistical Reporting IWWF shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
IWWF may also publish reports showing the name of eac h Athlete tested and the date of each Testing. |
14.5 Doping Control Information Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of appli cable Doping Control information among Anti -Doping Organizations , IWWF shall report to WADA through ADAMS Doping Control... |
14.5.1 To facilitate coordinated te st distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations , and to ensure that Athlete Biological Passport profiles are updated, IWWF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control ... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , IWWF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , IWWF 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 decis... |
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 ove r the Athlete . |
14.6 Data Privacy 14.6.1 IWWF may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti -Doping Activities under the Code, the International Standards (including specifically the International Standard for the Protecti... |
14.6.2 Without limiting the foregoing, IWWF shall: (a) Only proc ess personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Pr... |
IWWF Anti -Doping Rules 2021 Page 68 of 88 Pages ARTICLE 15 IMPLEMENTATION OF DECISIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti- Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti-Doping Organization, an appellate body (Article 13.2.2 of t... |
15.1.1.2 A decision by any of the above -descri bed 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 sp ecified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 IWWF and its National Federations shall recognize and implement a decision and its effects as require d by Article 15.1.1, without any further action required, on the earlier of the date IWWF receives actual notice of the decision or the date the decision is placed into ADAMS . |
IWWF Anti -Doping Rules 2021 Page 69 of 88 Pages 15.1.3 A decision by an Anti -Doping Organization, a national appellate body o r CAS to suspend, or lift, Consequences shall be binding upon IWWF and its National Federations without any further action required, on the earlier of the date IWWF receives actual notic... |
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 IWWF or its National Federations unless the rules of the Major Ev ent Organization provide the Athlete or o... |
70 [Comment to Articles 15.1 and 15.2: Anti -Doping Organization decisions under Article 15.1 are implemented automatically by other Signatories wit hout the requirement of any decision or further action on the Signatories’ part. |
For example, when a National Anti - Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation lev el. |
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.] |
71 [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, IWWF, other Signatories and National 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 Prohibited Substance in the At hlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then IWWF ... |
IWWF 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.] |
IWWF Anti -Doping Rules 2021 Page 70 of 88 Pages ARTICLE 16 STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti -doping rul e violation as provided in Article 7, or notification has been reasonably ... |
ARTICLE 17 EDUCATION IWWF shall plan, implement, evaluate and promote Education in line with the require ments of Article 18.2 of the Code and the International Standard for Education. |
ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS 18.1 All National Federations and their members shall comply with the Code, Internatio nal Standards , and these Anti -Doping Rules. |
All National Federations and other members shall include in their policies, rules and programs the provisions necessary to ensure that IWWF may enforce these Anti -Doping Rules ( including carrying out Testing ) directly in respec t of Athletes (including National -Level Athletes ) and other Persons under their anti ... |
18.2 Each National Federation shall incorporate these Anti -Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respe ct of Athletes (including Natio... |
18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support IWWF in that function. |
They shall also recognize, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority. |
18.4 All National Federations s hall take appro priate action to enforce compliance with the Code, International Standards , and these Anti -Doping Rules by inter alia: (i) conducting Testing only under the documented authority of IWWF and using their National Anti -Doping Organization or other IWWF Anti -Doping ... |
18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations, and all Athlete Support Personnel associated with s uch Athletes , to agree to be bound by these ... |
18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to IWWF and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the inv estigation. |
18.7 All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the autho rity of IWWF or the National Federation . |
18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations. |
ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF IWWF 19.1 In addition to the roles and respo nsibilities described in Article 20.3 of the Code for International Federations, IWWF shall report to WADA on IWWF’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Cod... |
IWWF Anti -Doping Rules 2021 Page 72 of 88 Pages 19.2 Subject to ap plicable law, and in accordance with Article 20.3.4 of the Code, all IWWF board members, directors, officers, employees and those of appointed Delegated Third Parties who are involved in any aspect of Doping Control , must sign a form provided by ... |
19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code, any IWWF employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by IWWF confirming that they are not Provisionally Suspended or serving a peri... |
ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
20.2 To be available for Sample collection at all times.72 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use . |
20.4 To inform medical personnel of their obligation not to U se Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules. |
20.5 To disclose to IWWF and their National Anti -Doping Organization any decision by a no n-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten (10) years. |
20.6 To cooperate with Anti -Doping Organizations investigating anti -doping rule violations. |
Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a transgression of the generally accepted norms of ethical sporting behavior under Articles 19 and 20 of the IWW F Byelaws . |
20.7 To disclose the identity of their Athlete S upport Personne l upon request by IWWF or a National Federation, or any other Anti -Doping Organization with authority over the Athlete . |
72 [Comment to Article 20 .2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning. |
For exampl e, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.] |
IWWF Anti -Doping Rules 2021 Page 73 of 88 Pages 20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , whi ch does not oth erwise constitute Tampering , may result in a transgression of the generally accepted norms of ethical sporting behavior under Ar... |
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSON NEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules. |
21.2 To cooperate with the Athlete Testing program. |
21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes. |
21.4 To disclose to IWWF and their National Anti -Doping Organization any decision by a non- Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years. |
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