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[Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and may not be used in any way as to draw an adverse inference against the Athlete. |
]10.13.2.3 No credit against a period of Ineligibility will be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension, regardless of whether the Athlete elected not to compete or was suspended by a team.10.14 Status during Ineligibility or Provisional Sus... |
[Comment to Article 10.14.1.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organised by their NF Member or a club that is a mem-ber of that NF Member or that is funded by a governmental agency. |
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 organised by a non-Signatory International Event organisation or a non-Signatory national-level Event organisation 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 organisation described in this Article. |
Ineligibility imposed in one sport must also be recognised by other sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a period of Ineligibility 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 performance standard accomplished during a period of Ineligibility shall not be recognised by the BIU or its NF Members for any purpose. |
]10.14.1.2 An Athlete or other Person subject to a period of Ineligibility longer than four years may, after serving four years of the period of Ineligibility, participate as an Athlete in local sport events not sanc-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 53VERSION 2021 tioned or otherwise under authorit... |
10.14.1.3 While serving a period of Ineligibility or Provisional Suspension, an Athlete or other Person will remain subject to Testing and any requirement by the BIU to provide whereabouts information.10.14.2 Return to trainingAs an exception to Article 10.14.1, an Athlete may return to train with a team or to use th... |
[Comment to Article 10.14.2: During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training. |
]10.14.3 Violation of the prohibition of participation during Ineligibility or Provisional SuspensionWhere an Athlete or other Person who has been declared Ineligible violates the prohibition against par -ticipation during Ineligibility described in Article 10.14.1, the results of such participation will be Disqual-if... |
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 other 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, will be made by the BIU or a hearing panel further to a charge brought by the BIU (or the Anti-Doping Organisation whose Results Management led to the imposition of the i... |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspen-sion described in Article 10.14.1 will receive no credit for any period of Provisional Suspension served and the results of such participation will be Disqualified, with all resulting consequences, including forfei... |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or Provisional Suspension, the BIU will pursue the matter as a potential Article 2.9 anti-doping rule violation.10.14.4 Withholding of financial support during IneligibilityIn additi... |
Consequences to teams11.1 Testing of teamsWhere one member of a relay team has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the BIU (or other international organisation that is the ruling body for the Event, if not the IBU) will conduct appropriate Target Testing of the t... |
11.2.2 In addition to Article 11.2.1, if a member of a team is found to have committed an anti-doping rule violation during or in connection with an Event, the results obtained by any teams in which that mem-ber took part during the Event will be Disqualified, with all Consequences for such team(s) and its/their membe... |
12. |
Sanctions against NF Members and other sporting bodies 12.1 Where the BIU becomes aware that any NF Member or other sporting body over which it has au-thority has failed to comply with, implement, uphold, and/or enforce these IBU Anti-Doping Rules within that organisation’s or body’s area of competence, the BIU has th... |
12.2 Without limiting the generality of Article 12.1, in relation to NF Members specifically: 12.2.1 An NF Member must reimburse the IBU/BIU for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to an anti-doping rule violation committed by an Athlete or oth-er Person affil... |
The NF Member will also be required to pay all of the costs incurred by the BIU in Testing that NF Member’s Athletes in that period.12.2.3 If three or more International-Level Athletes affiliated to the same NF Member commit intentional anti-doping rule violations within any rolling four-year period (excluding any vio... |
(b) In each case, the start quota removed will match the gender of the offending Athlete, and will apply to the highest competition series (World Championships/Olympic Winter Games – World Cup series and Summer Biathlon World Championships; IBU Cup – Open European Championships – Summer Biathlon World Championships s... |
(c) The start quotas will be removed in the same order as the relevant anti-doping rule violations oc-curred. |
Once this Article has been applied once, if further violations during the same rolling four-year period are discovered later, then the corresponding reduction in start quotas will be applied in order of discovery. |
[Comment to Article 12.2.3.1(c): For example, if it is determined in June 2023 that three International-Level Athletes affiliated to the same NF Member committed intentional anti-doping rule violations in the period 2019 to 2022, and then it is discovered in June 2026 (whether as result of re-analysis of stored Samples... |
](d) Where the NF Member only has one start quota for a particular competition series (whether as a result of one or more reductions pursuant to this Article or otherwise), then provided the NF Member can establish in respect of at least one of the intentional anti-doping rule violations that it did not know or suspe... |
Instead the (remain-ing) reduction(s) (or further reduction(s)) will apply to reduce start quotas in the subsequent twelve month period(s). |
(e) The start quota reductions do not apply to relay competitions.12.2.3.2 In addition, depending on its view of the culpability of the NF Member in question, the BIU may fine that NF Member up to €200,000 and/or ban officials from that NF Member from participation in any International Competitions or other IBU activ... |
For the avoidance of doubt, this clause does not apply to Executive Board members, who hold such office in their personal capacity and not as representatives of any NF Member.12.2.4 If six or more Athletes and/or other Persons affiliated with the same NF Member commit inten-tional anti-doping rule violations within an... |
12.2.5 On the recommendation of the BIU, the IBU may withhold some or all funding and/or other sup-port to NF Members that do not comply with their obligations under these IBU Anti-Doping Rules. |
12.3 When the BIU sends notice that it is applying this Article 12 to an NF Member or other sporting body over which it has authority, if the NF Member or other body disputes its liability under this Article INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 56VERSION 2021 and/or challenges the consequences imposed ... |
In such proceedings, it will be the NF Member’s or other body’s burden to prove that it is not liable under this Article or that the consequences imposed on it under this Article are unlawful.12.4 This Article does not limit or prejudice in any way any right arising under the Constitution or this Integrity Code or oth... |
13. |
Results Management: appeals 13.1 Decisions subject to appeal Decisions made under these IBU Anti-Doping Rules may be appealed as set out in Articles 13.2 through 13.7 or as otherwise provided in these IBU Anti-Doping Rules, the World Anti-Doping Code, or the In-ternational Standards. |
Such decisions will remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of review not limitedThe 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 decision maker. |
Any party to the appeal may submit evidence, legal arguments, and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing. |
[Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the previous edition of these IBU Anti-Doping Rules, but rather for clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.] |
13.1.2 CAS will not defer to the findings being appealedIn making its decision, CAS will not give deference to the discretion exercised by the body whose deci-sion is being appealed. |
[Comment to Article 13.1.2: CAS proceedings are de novo. |
Prior proceedings do not limit the evidence or carry weight in the hearing before CAS. |
]13.1.3 WADA not required to exhaust internal remediesWhere WADA has a right to appeal under this Article 13 and no other party has appealed a final decision within the IBU/BIU process, WADA may appeal such decision directly to CAS without having to exhaust any other remedies within the IBU/BIU process. |
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of the IBU’s/BIU’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the IBU’s/BIU’s process, then WADA may bypass the remaining steps in the Anti-Doping Organisation’s inter -nal ... |
13.2 Appeals against decisions regarding anti-doping rule violations, Consequences, Provisional Suspensions, implementation of decisions, and authority The following decisions may be appealed exclusively as provided in Articles 13.2 to 13.7: a decision that an anti-doping rule violation was committed; a decision impo... |
[Comment to Article 13.2.1: CAS decisions are final and binding, except for any review required by law applicable to the annulment or enforcement of arbitral awards. |
]13.2.2 Appeals involving other Athletes or other PersonsIn cases where Article 13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordance with rules adopted by the National Anti-Doping Organisation having authority over the Ath-lete or other Person. |
The rules for such appeal must respect the following principles: a timely hearing; a fair, impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the person’s own expense; and a timely, written, reasoned decision. |
If no such body is in place and available at the time of the appeal, the decision may be appealed to the CAS An-ti-Doping Division, which will appoint one or more CAS arbitrators to sit as the Disciplinary Tribunal that will hear and determine the case in accordance with the World Anti-Doping Code-compliant anti-doping... |
13.2.3 Persons entitled to appeal13.2.3.1 In cases under Article 13.2.1, the following parties will 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 party to the case in which the decision was rendered; (c) the BIU on behalf of the IBU;... |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 58VERSION 202113.2.3.2 In cases under Article 13.2.2, the parties having the right to appeal will be as provided in the National Anti-Doping Organisation’s rules but, at a minimum, will include the following parties: (a) the Athlete or other Person who is the subjec... |
Any party filing an appeal will be en titled to assista nce from CAS to obtain all rele vant information from the Anti-Doping Organisation wh ose decision is being appealed a nd the inform ation will be provi ded if CAS so directs.13.2.3.3 Duty t o notifyAll parties to a ny CAS appeal mu st ensure tha t WADA and all o... |
13.2.3.4 Appeal from imposition of P rovisional Sus pensionNotwithstanding any other prov ision herein, th e only person wh o may appeal from the impositio n of a Provisional Susp ension is the Athlete or ot her Person upo n whom the Prov isional Suspens ion is impose d.13.2.3.5 Appeal against decisions pursuant... |
Any p arty with a rig ht to appeal u nder this Artic le 13 must file a cross-appeal or s ubsequent appeal at the lates t with the part y’s answer to the appeal. |
[Comment to A rticle 13.2.4: This provision is necessar y because since 2011, CAS ru les no longer p ermit an Athlete the ri ght to cross- appeal when an Anti-Dopin g Organisation appeals a d ecision afte r the Athlete’s time for appeal has expired. |
Th is provision p ermits a full h earing for all parties. |
]13.3 Failure t o render a time ly decision Where, in a particular case, a d ecision under thes e IBU Anti-Do ping Rules with re spect to wh ether an an-ti-doping rul e violation wa s committed is not rendere d within a rea sonable deadl ine set by WADA , WADA may elect to appeal directly to the CA S Ap peals Divisio... |
If the CAS panel dete rmines that an ant i-doping rul e violation wa s committed and that WADA acted reasona bly in electing to appeal directly to t he CAS Appeal s Division, the n WADA’s costs and attor ney fees in prose cuting the ap peal will be re imbursed to WADA by the IBU.INTERNATIONAL BIATHLON UNION 02I INTEGR... |
Before taking such action, however, WADA will consult with the BIU and give the BIU an opportunity to explain why it has not yet rendered a decision. |
]13.4 Appeals relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of appeal decisionsThe BIU must promptly provide the appeal decision to the Athlete or other Person and to the other An-ti-Doping Organisations that would have been entitled to appeal under Article 13.2.3 (as provided under Article 14.2). |
13.6 Time for filing appeals: 13.6.1 Appeals to CASThe time to file an appeal to the CAS will be 21 days from the date of receipt of the reasoned decision by the appealing party. |
The above notwithstanding, the following will apply in connection with appeals filed by a party that is entitled to appeal but that was not a party to the proceedings that led to the decision being appealed: 13.6.1.1 Within 15 days from the notice of the decision, such party/ies will have the right to request a copy o... |
13.6.1.2 If such a request is made within the 15-day period, then the party making such request will have 21 days from receipt of the file to an appeal to the CAS.13.6.2 Appeals under Article 13.2.2The time to file an appeal to an independent and impartial body in accordance with rules established by the National Ant... |
[Comment to Article 13.6: A party’s deadline to appeal does not begin running until receipt of the rea-soned decision. |
For that reason, there can be no expiry of a party’s right to appeal if the party has not received the reasoned decision. |
]INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 60VERSION 2021 14. |
Confidentiality and reporting14.1 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 PersonsNotice to Athletes or other Persons of anti-doping rule violations asserted against them wi... |
Notification of anti-doping rule violations other than under Article 2.1 will include the Athlete’s or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level, the rule vio-lated, and the basis of the asserted violation.14.1.4 Status reportsExcept with respect to investigat... |
The IBU/BIU will ensure that its employees (whether permanent or other -wise), contractors, agents, consultants, and Delegated Third Parties are subject to a fully enforceable con-tractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorised ... |
Where the decision is not in English, the BIU will provide an English summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organisation having a right to appeal a decision received pursuant to Article 14.2.1 may, within 15 days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure14.3.1 After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management, and to the applicable Anti-Doping Organisations in accordance with Article 14.1.2, the BIU may Publicly Disclose the identity of the Athlete or other Person ... |
The BIU must also Publicly Disclose within 20 days the results of appellate decisions concerning anti-doping rule violations, including the information described above. |
[Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would result in a breach of other applicable laws, the BIU’s failure to make the Public Disclosure will not result in a determination of non-compliance with the World Anti-Doping Code, as set forth in Article 4.1 of the International Stan... |
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 assertion of an anti-doping rule violation has not oth... |
However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
The BIU will use reasonable efforts to obtain such consent and if consent is obtained, the BIU will publicly disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3.5 Publication will be accomplished at a minimum by placing the required information on the IBU’s and/or the BIU’s website or publishing it through other means and leaving the information up for the longer of one month or the duration of any period of Ineligibility. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, neither the IBU/BIU, nor any NF Member, nor any INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 62VERSION 2021 Anti-Doping Organisation, nor any WADA-accredited laboratory, nor any official of any such body, will publicly comment on the specific facts of an... |
Any optional Public Disclosure in a case involving a Minor, Protected Per -son or Recreational Athlete will be proportionate to the facts and circumstances of the case.14.4 Statistical reporting The BIU will, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy... |
The BIU may also publish reports showing the name of each Athlete tested and the date of each Testing. |
14.5 Doping Control information database and monitoring of compliance14.5.1 To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organisations, the BIU will report to WADA through ADAMS Doping Contr... |
14.5.3 To facilitate WADA’s oversight and appeal rights for TUEs, the BIU will report all TUE applications, decisions, and supporting documentation using ADAMS in accordance with the requirements and time-lines contained in the International Standard for Therapeutic Use Exemptions. |
14.5.4 To facilitate WADA’s oversight and appeal rights for Results Management, the BIU will 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 decision... |
14.5.5 The information described in this Article will be made accessible, where appropriate and in ac-cordance with the applicable rules, to the Athlete, the Athlete’s National Anti-Doping Organisation, and any other Anti-Doping Organisations with Testing authority over the Athlete. |
[Comment to Article 14.5: ADAMS is operated, administered and managed by WADA, and is designed to be consistent with data privacy laws and norms applicable to WADA and other organisations using such system. |
Personal information regarding Athletes or other Persons maintained in ADAMS is and will be treated in strict confidence and in accordance with the International Standard for the Protection of Privacy and Personal Information.] |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 63VERSION 2021 14.6 Data privacy14.6.1 The IBU/BIU 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 World Anti-Doping Code, the Intern... |
14.6.2 Without limiting the foregoing, the BIU will:14.6.2.1 only process personal information in accordance with a valid legal ground;14.6.2.2 notify any Athlete or other Person subject to these IBU Anti-Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Pro... |
Implementation of decisions15.1 Automatic binding effect of decisions by Signatories 15.1.1 A decision of an anti-doping rule violation made by a Signatory, an appellate body (Article 13.2.2 of the World Anti-Doping Code) or CAS will, after the parties to the proceeding are notified, automatically be binding beyond t... |
15.1.1.2 A decision by any of the above-described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from partici-pation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of Ineli... |
15.1.1.3 A decision by any of the above-described bodies accepting an anti-doping rule violation auto-matically binds all Signatories.15.1.1.4 A decision by any of the above-described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the aut... |
15.1.2 The IBU, BIU, and NF Members must recognise and implement a decision and its effects as re-quired by Article 15.1.1, without any further action required, on the earlier of the date the IBU/BIU re-ceives actual notice of the decision or the date the decision is placed into ADAMS. |
15.1.3 A decision by an Anti-Doping Organisation, a national appellate body or CAS to suspend (or lift) Consequences will be binding upon the IBU, BIU, and NF Members without any further action required, on the earlier of (i) the date the BIU receives actual notice of the decision or (ii) the date the decision is pla... |
INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 64VERSION 2021 15.1.4 Notwithstanding any provision in Article 15.1.1, a decision of an anti-doping rule violation by a Major Event Organisation made in an expedited process during an Event will not be binding on the IBU, BIU or NF Members unless the rules of the Ma... |
[Comment to Article 15.1.4: By way of example, where the rules of the Major Event Organisation give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organisation is binding on other Signatories re... |
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