text
stringlengths
1
17.8k
2021 IFA ANTI -DOPING RULES OCTOBER 2020 VERSION 1.0 2021 IFA Anti -Doping Rules ( October 2020) Page 2 of 65 TABLE OF CONTENTS INTRODUCTION ................................ ................................ ................................ ................................ ............................ 3 ARTICLE 1 DEFINITION OF DOPING ................................ ................................ ................................ .................. 4 ARTICLE 2 ANTI -DOPING RULE VIOLATIONS ................................ ................................ ................................ ... 4 ARTICLE 3 PROOF OF DOPING ................................ ................................ ................................ ......................... 9 ARTICLE 4 THE PROHIBITED LIST ................................ ................................ ................................ .................. 11 ARTICLE 5 TESTING AND INVESTIGATIONS ................................ ................................ ................................ ... 15 ARTICLE 6 ANALYSIS OF SAMPLES ................................ ................................ ................................ ............... 19 ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ................................ ................................ ................................ ............................... 21 ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAI R HEARING AND NOTICE OF HEARING DECISION .
25 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ................................ ....................... 27 ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................ ................................ ................................ ...... 28 ARTICLE 11 CONSEQUENCES TO TEAMS ................................ ................................ ................................ ......... 40 ARTICLE 12 SANCTIONS BY IFA AGAINST OTHER SPORTING BODIES ................................ .......................... 41 ARTICLE 13 RESULTS MANAGEMENT: APPEALS ................................ ................................ ............................ 42 ARTICLE 14 CONFIDENTIALITY AND REPORTING ................................ ................................ ........................... 46 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................ ................................ ............................... 50 ARTICLE 16 STATUTE OF LIMITATIONS ................................ ................................ ................................ ............ 51 ARTICLE 17 EDUCATION ................................ ................................ ................................ ................................ ... 51 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ........................... 51 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF IFA ................................ ................................ 53 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLE TES ................................ ..................... 53 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL ................ 54 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES ................................ ................................ ................................ ............................. 54 ARTICLE 23 INTERPRETATION OF THE CODE ................................ ................................ ................................ .. 55 ARTICLE 24 FINAL PROVISIONS ................................ ................................ ................................ ....................... 55 APPENDIX 1 DEFINITIONS ................................ ................................ ................................ ................................ .. 58 2021 IFA Anti -Doping Rules ( October 2020) Page 3 of 65 IFA ANTI -DOPING RULES INTRODUCTION Preface These Anti -Doping Rules are adopted and implemented in accordance with IFA's responsibilities under the Code , and in furtherance of IFA's continuing efforts to eradicate doping in sport.
These Anti -Doping Rules ar e sport rules governing the conditions under which sport is played.
Aimed at enforcing anti-doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws.
They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights.
When reviewing the facts and the law of a given ca se, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti -Doping Rules, which implement the Code , and the fact that these rules represent the consensus of a broad spectrum of stakehold ers around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code , IFA shall be responsible for conducting all aspects of Doping Control .
Any aspect of Doping Control or anti -doping Education may be delegated by IFA to a Delegated Third Party , such as the International Testing Agency (ITA), however, IFA shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and these Anti-Doping Rules.
IFA may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping Division.
When IFA has delegated its responsibilities to implement part or all of Doping Control to the Delegated Third Party, any reference to IFA in these Rules should be intend ed as a reference to that Delegated Third Party , where applicable and within the context of the aforementioned delegation.
IFA shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code .
Italici zed terms in these Anti -Doping Rules are defined terms in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of these Anti -Doping Rules.
Fundamental Rationale for the Code and IFA's Anti -Doping Rules Anti-doping pr ograms are founded on the intrinsic value of sport.
This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents.
Anti-doping programs seek t o protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Prohibited Methods .
Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind.
It is the essence of Olympism and is reflected in the values we find in and through sport, including:  Health  Ethics, fair play and honesty  Athletes’ rights as set forth in the Code  Excellence in performance  Character and Education 2021 IFA Anti -Doping Rules ( October 2020) Page 4 of 65  Fun and joy  Teamwork  Dedication and commitment  Respect for rules and laws  Respect for self and other Participants  Courage  Community and solidarity The spirit of sport is expressed in how we play true.
Doping is fundamentally contrary to the spirit of sport.
Scope of these Anti -Doping Rules These Anti -Doping Rules shall apply to: (a) IFA, including its board members, directors, officers and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (b) each of its National Federations , including their board members, directors, officers and specif ied employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control ; (c) the following Athletes , Athlete Support Personnel and other Persons : (i) all Athletes and Athlete Support Personnel who are members of IFA, or of any National Federation , or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues); (ii) all Athletes and Athlete Support Personnel who participate in such capacity in Events , Competitions and o ther activities organized, convened, authorized or recognized by IFA, or any National Federation , or by any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues), wherever held; and (i) any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of IFA, or of any National Federation , or of any member or affiliate organization of any National Federation (including any clubs, teams, associations, or leagues), for purposes of anti -doping; Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be b ound by these Anti -Doping Rules, and to have submitted to the authority of IFA to enforce these Anti -Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hea r and determine cases and appeals brought under these Anti -Doping Rules.1 Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti -Doping Rules, the following Athletes shall be considered to be Internationa l-Level Athletes for the purposes of these Anti -Doping Rules, and, therefore, the specific provisions in these Anti -Doping Rules applicable to International -Level Athletes (e.g., Testing , TUEs , whereabouts, and Results Management ) shall apply to such Athle tes: 1 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti -doping rule violation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method.
Rat her, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation).
Furthermore, such Person would be subjec t to the additional roles and responsibilities according to Code Article 21.3.
Also, the obligation to require an employee to be bound by the Code is subject to applicable law.
2021 IFA Anti -Doping Rules ( October 2020) Page 5 of 65 (a) Athletes who are included in IFA Registered Testing Pool and Testing Pool , if they are established ; (b) Athletes who are selected to represent their country in the World and Continental Championships sanctioned by IFA ; (c) Athletes who compete in any of t he following IFA International Events : The World Games, IFA Fistball World Championships, IFA Fistball World Cups, IFA Fistball World Tour , Continental Championships , as published each year by IFA on its website at http://www.ifa -fistball.com/en .
ARTICL E 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.11 of these Anti -Doping Rules.
ARTICLE 2 ANTI -DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti -doping rule violations.
Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.
Athletes or other Persons shall be responsible f or knowing what constitutes an anti -doping rule violation and the substances and methods which have been included on the Prohibited List .
The following constitute anti -doping rule violations: 2.1 Presence of a Prohibited Substance or its Metabolites or Marke rs in an Athlete’s Sample 2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies.
Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples .
Accordingly, it is not necessary that intent, Fault , Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation under Article 2.1.
1 2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is establi shed by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and th e analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample ; or where the Athlete’s A or B Sample is split into two (2) parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample .2 2.1.3 Excepting those substances for w hich a Decision Limit is specifically identified in the Prohibited List or a Technical Document , the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti -doping rule viola tion.
2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List, International Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances .
2021 IFA Anti -Doping Rules ( October 2020) Page 6 of 65 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method 3 2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used .
Accordingly, it is not necessary that intent, Fault , Negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti -doping rule violation for Use of a Prohibi ted Substance or a Prohibited Method .
2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material.
It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti -doping rule violation to be committed.4 1 [Comment to Article 2.1.1: An anti -doping rule violation is committed under this Article without regard to an Athlete’s Fault.
This rule has been referred to in various CAS decisions as “Strict Liability”.
An Athle te’s Fault is taken into consideration in determining the Consequences of this anti-doping rule violation under Article 10.
This principle has consistently been upheld by CAS.]
2 [Comment to Article 2.1.2: The Anti -Doping Organization with Results Managem ent responsibility may, at its discretion, choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.]
3 [Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means.
As noted in the Comment to Article 3.2, unlike the proof required to establish an anti - doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise s atisfy all the requirements to establish “Presence” of a Prohibited Substance under Article 2.1.
For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti -Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.]
4 [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part.
The fact that intent may be required to prove this particular anti -doping r ule violation does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method.
An Athlete’s Use of a Prohibited Substance constitute s an anti -doping rule violation unless such substance is not prohibited Out - of-Competition and the Athlete’s Use takes place Out -of-Competition.
(However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In -Compet ition is a violation of Article 2.1 regardless of when that substance might have been administered.)]
2021 IFA Anti -Doping Rules ( October 2020) Page 7 of 65 2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notificat ion by a duly authorized Person .5 2.4 Whereabouts Failures by an Athlete Any combination of three (3) missed tests and/or filing failures, as defined in the International Standard for Results Management , within a twelve -month period by an Athlete in a Regist ered Testing Pool.
2.5 Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person 2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person 2.6.1 Possession by an Athlete In -Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Out -of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of- Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with Article 4.4 or other acceptable justification.
2.6.2 Possession by an Athlete Support Person In -Competition of any Prohibited Substance or any Prohibited Method , or Possession by an Athlete Support Person Out -of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete , Competition or training, unless the Athlete Support Person establishes that the Poss ession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 or other acceptable justification.
6 5 [Comment to Article 2.3: For example, it would be an anti -doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing.
A violation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” Sample coll ection contemplates intentional conduct by the Athlete.]
6 [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or Possessin g a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.]
[Comment to Article 2.6.1 and 2.6.2: A cceptable justification may include, for example, (a) an Athlete or a team doctor carrying Prohibited Substances or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine auto -injector), or (b) an Athlete Possessing a Proh ibited Substance or Prohibited Method for therapeutic reasons shortly prior to applying for and receiving a determination on a TUE.]
2021 IFA Anti -Doping Rules ( October 2020) Page 8 of 65 2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person 2.8 Administration or Attempted Administration by an Athlete or Other Person to any Athlete In -Competition of any Prohibited Substance or Prohibited Method , or Administration or Attempted Administration to any Athlete Out -of-Compe tition of any Prohibited Substance or any Prohibited Method that is Prohibited Out-of- Competition 2.9 Complicity or Attempted Complicity by an Athlete or Other Person Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of int entional complicity or Attempted complicity involving an anti -doping rule violation, Attempted anti-doping rule violation or violation of Article 10.14.1 by another Person .7 2.10 Prohibited Association by an Athlete or Other Person 2.10.1 Association by an Athlete or other Person subject to the authority of an Anti-Doping Organization in a professional or sport -related capacity with any Athlete Support Person who: 2.10.1.1 If subject to the authority of an Anti-Doping Organization , is serving a period of Ineligibility ; or 2.10.1.2 If not subject to the authority of an Anti-Doping Organization and where Ineligibility has not been addressed in a Results Management process pursuant to the Code , has been convicted or found in a criminal, disciplinary or professional proceeding to have e ngaged in conduct which would have constituted a violation of anti-doping rules if Code - compliant rules had been applicable to such Person.
The disqualifying status of such Person shall be in force for the longer of six (6) years from the criminal, profes sional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or 2.10.1.3 Is serving as a front or intermediary for an individual described in Article 2.10.1.1 or 2.10.1.2.
2.10.2 To establish a violation of Article 2.10 , an Anti-Doping Organization must establish that the Athlete or other Person knew of the Athlete Support Person’ s disqualifying status.
The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 or 2.10.1.2 is not in a professional or sport -related capacity and/or that such association could not have been reasonably avoided.
7 [Comment to Article 2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.]
2021 IFA Anti -Doping Rules ( October 2020) Page 9 of 65 Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3 shall submit that information to WADA .8 2.11 Acts by an Athlete or Other Person to Discourag e or Retaliate Against Reporting to Authorities Where such conduct does not otherwise constitute a violation of Article 2.5: 2.11.1 Any act which threatens or seeks to intimidate another Person with the intent of discouraging the Person from the good -faith repo rting of information that relates to an alleged anti-doping rule violation or alleged non-compliance with the Code to WADA , an Anti-Doping Organization , law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an inv estigation for WADA or an Anti-Doping Organization .
2.11.2 Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged anti -doping rule violation or alleged non - compliance with the Code to WADA , an Anti-Dopin g Organization , law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization .
For purposes of Article 2.11, retaliation, threatening and intimidation include an act taken against such Person either because the act lacks a good faith basis or is a disproportionate response.9 8 [Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Suppor t Perso nnel who are Ineligible on account of an anti -doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping.
This also prohibits association with any other Athlete who is acting as a coach or Athlete Suppor t Person while serving a period of Ineligibility.
Some examples of the types of association which are prohibited include: obtaining tr aining, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bod ily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative.
Prohibited association need not invo lve any form of compensation.
While Article 2.10 does not require the Anti -Doping Organization to notify the Athl ete or other Person about the Athlete Support Person’s disqualifying status, such notice, if provided, would be important evidence to establish that the Athlete or other P erson knew about the disqualifying status of the Athlete Support Person.]
9 [Comment to Article 2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect Persons who knowingly make false reports.]
[Comment to Article 2.11.2: Retaliation would include, for example, actions that threaten the phys ical or mental well -being or economic interests of the reporting Persons, their families or associates.
Retaliation would not include an Anti-Doping Organization asserting in good faith an anti-doping rule violation against the reporting Person.
For purpos es of Article 2.11, a report is not made in good faith where the Person making the report knows the report to be false.]
2021 IFA Anti -Doping Rules ( October 2020) Page 10 of 65 ARTICLE 3 PROOF OF DOPING 3.1 Burdens and Standards of Proof IFA shall have the burden of establishing that an anti -doping ru le violation has occurred.
The standard of proof shall be whether IFA has established an anti -doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made.
This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.
Where these Anti -Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti -doping rule violation to r ebut a presumption or establish specified facts or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.10 3.2 Methods of Establishing Facts and Presumptions Facts related to anti -doping rule violations may be established by any reliable means, including admissions.11 The following rules of proof shall be applicable in doping cases: 3.2.1 Analytical methods or Decision Limits approved by WADA after consultation within the relevant scientific co mmunity or which have been the subject of peer review are presumed to be scientifically valid.
Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met or to rebut this presumption of scientific validity sh all, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge.
The initial hearing body, appellate body or CAS, on its own initiative, may also inform WADA of any such challenge.
Within ten (10) days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provide evidence in such proceeding.
In cases before CAS, at WADA ’s request, the CAS panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge.12 3.2.2 WADA -accredited laboratories, and other laboratories approved by WADA , are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories.
The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding .
10 [Comment to Article 3.1: This standard of proof required to be met by IFA is comparable to the standard which is applied in most countries to cases involving professional misconduct.]
11 [Comment to Article 3.2: For example, IFA may establish an anti -doping rule violation under Article 2.2 based on the Athlete’s admissions, the credible testimony of third Persons, reliable docume ntary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete’s blood or urine Samples, such as data from the Athlete Biological Passport.]
12 [Comment to Article 3.2.1: For certain Prohibited Substances, WADA may instruct WADA -accredited l aboratories not to report Samples as an Adverse Analytical Finding if the estimated concentration of the Prohibited Substance or its Metabolites or Markers is below a Minimum Reporting Level.
WADA’s decision in determining that Minimum Reporting Level or i n determining which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to challenge.
Further, the laboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate.
In no event shall the possibility that the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitute a defense to an anti-doping rule violation based on the presence of that Prohibited Substance in the Sample.]
2021 IFA Anti -Doping Rules ( October 2020) Page 11 of 65 If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then IFA shall have the burden to establish that such departure did not cause the Adverse Analytical Finding .13 3.2.3 Departures from any other International Standard or other anti -doping rule or policy set forth in the Code or these Anti -Doping Rules shall not invalidate analytical results or other evidence of an anti-doping rule violation, and shall not constitute a defense to an anti -doping rule violation;14 provided, however, if the Athlete or other Person establishes that a departure from one of the specific International Standard provisions listed below could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding or whereabouts failure, then IFA shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the whereabouts f ailure: (i) a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding , in which case IFA s hall have the burden to establish that such departure did not cause the Adverse Analytical Finding ; (ii) a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to an Adverse Passport Finding which could reasonably have caused an anti -doping rule violation, in which case IFA shall have the burden to establish that such departure did not cause the anti -doping rule violation; (iii) a departure from the International Standard for Results Manage ment related to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding , in which case IFA shall have the burden to establish that such departure did not cause the Adverse Analytical Finding ;15 13 [Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Lab oratories that could reasonably have caused the Adverse Analytical Finding.
Thus, once the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of pr oof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to IFA to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]
14 [Comment to Article 3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling, A dverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International Stan dard for Education, International Standard for the Protection of Privacy and Personal Information or International Standard for Therap eutic Use Exemptions – may result in compliance proceedings by WADA but are not a defense in an anti -doping rule violation proceeding and are not relevant on the issue of whether the Athlete committed an anti -doping rule violation.
Similarly, IFA’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defense to an anti -doping rule violatio n.] 15 [Comment to Article 3.2.3 (iii): IFA would meet its burden to establish that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.]
2021 IFA Anti -Doping Rules ( October 2020) Page 12 of 65 (iv) a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an anti-doping rule violation based on a whereabouts failure, in which case IFA shall have the burden to establish that such departure did not cause the whereabouts failure.
3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebu ttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice.
3.2.5 The hearing panel in a hearing on an anti -doping rul e violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti -doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing panel or IFA.
ARTICLE 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti -Doping Rules incorporate the Prohibited List , which is published and revised by WADA as described in Article 4.1 of the Code .
Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti -Doping Rules three (3) months after publication by WADA , without requiring any further action by IFA or its National Federations.
All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without furt her formality.
It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up -to-date version of the Prohibited List and all revisions thereto.
IFA shall provide its National Federations with the most recent version of the Prohibited List .
Each National Federation shall in turn ensure that its members, and the constituents of its members, are also provided with the most recent version of the Prohibited List.16 4.2 Prohibited Substances and Prohibited Methods Identified o n the Prohibited List 4.2.1 Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition ) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only.