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The BIU may appoint individuals to form such a panel, or it may delegate the appointment of the panel to the International Testing Agency (ITA) or other suitably qualified body.Use: The utilisation, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method... |
Such an agreement will not preclude the Anti-Doping Organisation, Athlete or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement.INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 74VERSION 2021 CHAPTER E PROCEDUR... |
Introduction 1.1 This Chapter E sets out the procedures for investigating and prosecuting violations of Chapter B of this Integrity Code. |
1.2 The procedures for investigating and prosecuting violations of Chapter D of the IBU Integrity Code (the IBU Anti-Doping Rules) are set out in that chapter. |
However, the provisions of this Chapter E will also apply in respect of such violations, to the extent they do not contradict or prejudice in any way any part of Chapter D.1.3 The BIU will be responsible for the costs incurred in exercising its functions under this Integrity Code, subject to the right to seek an order... |
Gathering and sharing intelligence2.1 The BIU will receive reports that are filed by Participants in accordance with Article 8.1 of Chapter B. |
If the Head of the BIU considers it appropriate to do so, the Participant filing a report may be asked to provide further information in respect of the report, and/or the BIU may make other enquiries into the matters set out in the report. |
2.2 In addition to receiving reports in accordance with Article 8.1 of Chapter B, the BIU will put in place mechanisms to gather intelligence that may assist in assessing the compliance (or otherwise) of Partici-pants with this Integrity Code from all available sources, including law enforcement, other regulatory and ... |
In particular, the BIU may facilitate anonymous reporting by third parties where it considers it appropriate. |
It will also es-tablish a policy and procedure for obtaining substantial assistance from a Participant in accordance with Article 10.7.1 of Chapter D and/or Article 9.4.5 of this Chapter.2.3 The BIU may share intelligence that it holds about any Participant with other appropriate authorities, including law enforcement... |
Investigations 3.1 Where there are reasonable grounds to suspect that a Participant may have violated this Integrity Code, the BIU may conduct an investigation. |
It may appoint one or more persons to act on its behalf for this purpose. |
3.2 The objective for each investigation will be to gather information necessary to determine whether a Participant has a case to answer for violation of this Integrity Code. |
This will include gathering and re-cording all relevant information, developing that information into reliable and admissible evidence, and INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 75VERSION 2021 identifying and pursuing further lines of enquiry that may lead to the discovery of such evidence.3.3 The BIU w... |
It will be open to and con-sider all possible outcomes at each key stage of the investigation, and will seek to gather not only any available evidence of a violation but also any available evidence indicating that there is no case to answer. |
It will fully document its conduct of investigations, the evaluation of information and evidence identified in the course of investigations, and the outcome of investigations. |
3.4 The BIU will notify the Participant of the investigation and of the possible violation(s) to which the investigation relates, and will give the Participant an opportunity to make a written submission as part of the investigation. |
The BIU will decide when this notification should be made.3.5 Where it deems it appropriate, the BIU may coordinate and/or stay its own investigation pending the outcome of investigations and/or prosecutions by other competent bodies, including law enforcement and/or other regulatory or disciplinary bodies. |
3.6 Where the BIU suspects that a Participant may have committed a violation of this Integrity Code and/or may have information about a potential violation of this Integrity Code by another Participant, it may make a written demand (a Demand) to the Participant for information relating to the potential violation. |
It may issue such Demand at any time after the investigation has started, including during its initial investi-gation or at any point after a Notice of Charge has been issued in accordance with Article 5. |
If necessary, it may issue more than one Demand in the same investigation. |
3.7 Without limiting the foregoing, as part of a Demand the BIU may require a Participant to:3.7.1 attend before the BIU for an interview, or to answer any question, or to provide a written statement setting out their knowledge of any relevant facts and circumstances. |
Any interview will take place at a time and place determined by the BIU, and the Participant will be given reasonable notice in writing of the requirement to attend. |
Interviews may be recorded and/or transcribed and the Participant will be entitled to have legal counsel and an interpreter present, at the Participant’s expense (if the Participant is merely a witness, the BIU will pay for any interpreter that is needed);3.7.2 provide (or procure to the best of their ability the prov... |
3.8 In accordance with Article 8.1.2 of Chapter B, the Participant must cooperate promptly, truthfully, completely and in good faith with a Demand, including (subject to Article 3.9 of this Chapter) providing the information or access requested within the deadline specified in the Demand, in each case at the Participa... |
Where such an application is made, subject always to Article 3.10.1, the time for complying with a Demand will be stayed pending the out-come of the objection.3.9.2 The BIU will refer the application to the CAS Ordinary Division, which will appoint one or more CAS arbitrators to sit as the Disciplinary Tribunal that w... |
3.9.3 The Disciplinary Tribunal will consider the application with as much expediency as the justice of the matter permits. |
Unless exceptional circumstances apply, such review will be conducted by way of written evidence and submissions only. |
In considering the Demand, the Disciplinary Tribunal will have the discre-tion but not the obligation to invite submissions from the BIU and the Participant, as it sees fit.3.9.4 Where the Disciplinary Tribunal determines that there is no reasonable belief basis for the Demand, then the Demand will be deemed invalid, ... |
In such circumstances, if the Participant fails to produce the informa-tion, record, article or thing and any copy or download of the same that is the subject of the Demand, that will constitute an independent violation of Article 8.1.2 of Chapter B of this Integrity Code. |
3.9.6 The ruling of Disciplinary Tribunal as to whether there is a reasonable belief basis for a Demand will not be subject to appeal or other challenge by any party in any forum. |
3.9.7 If a Demand is deemed invalid, that will not preclude the BIU from making any other Demand in relation to the same or another investigation. |
3.10 Where a Demand relates to any information, record, article or thing that the Head of the BIU rea-sonably believes is capable of being damaged, altered, destroyed or hidden (any electronic storage de-vice, or electronically stored information will be deemed to meet this criterion), then for the purposes of evidenc... |
In such a case:3.10.1 the Participant must immediately comply with the Demand in full, including permitting the BIU to take immediate possession of, copy and/or download the information, record, article or thing. |
However, the BIU may take no steps to inspect or use the same other than as provided in Article 3.9;3.10.2 a refusal or failure by an Participant to comply immediately with the Demand will constitute an independent violation of Article 8.1.2 of Chapter B of this Integrity Code, and any attempted or actual damage, alte... |
Depending on the circumstances, it may also constitute a violation of Article 2.5 of Chapter D of this Integrity Code;3.10.3 the Participant has seven (7) days from receipt of the Demand to file an objection to the Demand by requesting a review by the Disciplinary Tribunal in accordance with Article 3.9; and3.10.4 if... |
by providing false, misleading or incomplete information or documentation and/or by tampering or destroying any documentation or other information that may be relevant to the investiga-INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 77VERSION 2021 tion, that will constitute a violation of Article 8.1.4 of Chapter ... |
Depending on the circumstances, it may also constitute a violation of Article 2.5 of Chapter D of this Integrity Code. |
3.12 The BIU may at any time require an NF Member:3.12.1 to assist in an investigation into a potential violation by one or more persons under its jurisdiction (where appropriate, acting in conjunction with any other relevant national authority or body); and 3.12.2 to provide a written report on such assistance with... |
Conduct of prosecutions by the BIU 4.1 The BIU will have the sole and exclusive right and responsibility:4.1.1 to determine whether a Participant has a case to answer for violation of this Integrity Code;4.1.2 to charge a Participant with violation of this Integrity Code;4.1.3 to present that charge before the Disc... |
5. |
Notice of charge5.1 If the BIU determines that a Participant has a case to answer for violation of this Integrity Code, the BIU will prepare and send a written notice of charge to the Participant (Notice of Charge), which will contain the following information:5.1.1 the specific provision(s) of this Integrity Code th... |
Provisional suspension 6.1 In any case where the BIU issues a Notice of Charge to a Participant and it considers there is a real risk to public confidence in the integrity of the sport of Biathlon and/or to the health or well-being of others if the Participant is allowed to continue to participate in the sport pending... |
6.2 The provisional suspension may be imposed when the Notice of Charge is issued or at any time thereafter. |
It will be effective from the date that it is notified to the Participant, and it may be made public (including by posting a notice on the BIU’s website) at any time after such notification.6.3 During the period of any provisional suspension, a Participant may not participate in any capacity in any competition, progra... |
The provisional suspension may be lifted or limited if the Participant demonstrates to the satisfaction of the Disciplinary Tribunal that:6.4.1 the facts alleged in support of the charge(s) do not give rise to a prima facie case;6.4.2 the case against the Participant has no reasonable prospect of success, e.g., becau... |
This ground is to be construed narrowly, and applied only in truly exceptional circumstances. |
The fact that the provisional suspension would prevent the Participant from participating in a particular Biathlon Competi-tion will not qualify as exceptional circumstances for these purposes.6.5 In any event, the BIU will proceed with any case in which a provisional suspension imposed on a Par -ticipant expeditiousl... |
6.6 A Participant who is not provisionally suspended by the BIU may at any time notify the BIU that the Participant will accept a voluntary provisional suspension pending determination of the charge(s). |
Such voluntary provisional suspension will come into effect only upon receipt by the BIU of written confirmation of the Participant’s acceptance of the provisional suspension. |
No adverse inference will be drawn from such acceptance.6.7 Any period of provisional suspension served by a Participant will be credited against any final period of ineligibility imposed on the Participant.7. |
Resolution of charges without a hearing7.1 Where the Participant:7.1.1 admits the charge(s) and accepts the sanction(s) specified in the Notice of Charge (or accepts other sanction(s) proposed by the BIU); or INTERNATIONAL BIATHLON UNION 02I INTEGRITY CODE02I 79VERSION 2021 7.1.2 fails to respond by the deadline s... |
Alternatively, where it sees fit (such as where the BIU has specified a range of potential sanc-tion(s) in the Notice of Charge), the BIU may refer the matter to the Disciplinary Tribunal to determine the sanction(s) to be imposed in accordance with Article 9. |
7.2 Where the BIU considers it appropriate to do so (for example, to minimise the burden on resources, or to achieve an expeditious and proportionate outcome to a case), the BIU may agree terms with a Participant who has been charged with a violation of this Integrity Code for disposition of the charge without a heari... |
Such disposition will include confirmation of the commission of the violation(s) charged and acceptance of the sanction(s) to be imposed under this Integrity Code. |
Any such discussions between the BIU and the Participant in relation to the possibility of an agreed sanction will take place on a ‘without prejudice’ basis and in such a manner that they will not delay or in any other way interfere with the proceedings. |
8. |
Request for a hearing 8.1 If the Participant wishes to have a hearing before the Disciplinary Tribunal to contest liability and/or sanction, the Participant must provide a written request for a hearing to the BIU that is received by the BIU within fourteen (14) days of the Participant’s receipt of the Notice of Charge... |
The request must explain how the Participant responds to the charge(s) and set out (in summary form) the basis for such response. |
8.2 The BIU will refer the request to the CAS Ordinary 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 this Integrity Code and the CAS Code of Sports–related Arbitration. |
8.3 Unless otherwise specified in the relevant rules, the burden of proof will be on the party asserting the claim or fact in issue, and it will be required to prove that claim or fact on the balance of probabilities. |
9. |
Sanctions9.1 Subject to any specific sanctioning provisions set out in the relevant Rules, where the Disciplinary Tribunal decides that a violation of this Integrity Code has been established, it may impose such sanctions as it deems appropriate, including:9.1.1 a caution, reprimand and/or warning as to future conduc... |
9.3 Aggravating factors may include: 9.3.1 the age, experience and position of trust or authority of the Participant; 9.3.2 the Participant’s previous disciplinary record, including in particular any previous violations of this Integrity Code or any similar offences; 9.3.3 a lack of remorse on the part of the Parti... |
9.4 Mitigating factors may include: 9.4.1 the youth or inexperience of the Participant; 9.4.2 the Participant’s good previous disciplinary record; 9.4.3 remorse on the part of the Participant (including, for example, agreeing to participate in education-al programmes); 9.4.4 the Participant’s timely admission of g... |
9.5 The Disciplinary Tribunal may order a party to pay some or all of the costs of convening the Discipli-nary Tribunal and holding the hearing.9.6 As a general rule, the Disciplinary Tribunal has discretion to grant the prevailing party a contribution towards its legal fees and other expenses incurred in connection ... |
When granting such contribution, the Disciplinary Tribunal shall take into account Disciplinary Tribunalthe complexity and outcome of the proceedings, as well as the conduct and the financial resources of the parties. |
9.7 Where it sees fit, the Disciplinary Tribunal may suspend the implementation of all or part of any sanc-tion(s) imposed for so long as specified conditions are satisfied. |
10. |
Decisions10.1 The Disciplinary Tribunal will announce its decision to the parties in writing, with reasons.10.2 The BIU may publish the decision on its website and/or otherwise as it sees fit, but otherwise (sub-ject always to the power in the CAS Code of Sports-related Arbitration to order a public hearing) the INTE... |
Appeals11.1 The BIU and the Participant will each have the right to appeal decisions of the Disciplinary Tribunal exclusively to the CAS Appeals Division, which will appoint one or three CAS arbitrators to resolve the appeal definitively in accordance with the CAS Code of Sports–related Arbitration. |
11.2 Pending resolution of the appeal, the decision being appealed will remain in full force and effect unless the CAS orders otherwise. |
11.3 The decision of the CAS resolving the appeal may not be challenged in any forum or on any ground except as set out in Chapter 12 of the Swiss Federal Code on Private International Law.12. |
Alternative procedure for minor violations12.1 Notwithstanding any other provision of this Chapter E, where the Head of the BIU considers a particular violation of this Integrity Code by a Participant to be a minor violation, rather than follow the procedures set out above the Head of the BIU may refer the case to the... |
12.2 The Referral will set out: 12.2.1 the name of the Participant who is the subject of the Referral (the Respondent);12.2.2 full details of the alleged violation, including where, when and how it is alleged to have occurred;12.2.3 the specific provisions of this Integrity Code alleged to have been violated;12.2.... |
12.3 The Secretary General will perform an inquisitorial function, investigating and determining the mer -its of the Referral. |
The Secretary General may delegate that function to a suitably qualified person (e.g., legal counsel). |
References below to the Secretary General will be deemed to include any such delegate.12.4 Save where the Secretary General orders otherwise, all Referrals will be dealt with in writing, without any oral hearing. |
12.5 The Secretary General will send a copy of the Referral to the Respondent, specifying a deadline within which the Respondent must file a written answer (the Answer) with the Secretary General, with a copy to the BIU. |
In the Answer, the Respondent may:12.5.1 admit the charge(s) set out in the Referral and accept the sanction(s) sought in the Referral;12.5.2 admit the charge(s) set out in the Referral but to seek to mitigate the sanction(s) proposed in the Referral; or12.5.3 dispute the charge(s) and/or the proposed sanction(s), i... |
12.6 The Secretary General may undertake such investigations in relation to the Referral and/or Answer as the Secretary General deems necessary, including consulting with persons with knowledge of the facts and/or appointing experts to advise on specific issues.12.7 If upon investigation the Secretary General identif... |
12.8 The Secretary General is not bound by judicial rules governing the admissibility of evidence. |
In-stead, facts may be established by any reliable means, including witness evidence, expert reports, and documentary or video evidence. |
12.9 The Secretary General will not uphold the charge(s) in a Referral unless satisfied that they are proven on the balance of probabilities. |
12.10 Where a charge in a Referral is upheld, the Secretary General will have the power to impose one or more of the following sanctions: 12.10.1 a caution or reprimand, or an oral or written warning;12.10.2 removal from a competition;12.10.3 removal from a venue;12.10.4 removal of accreditation; 12.10.5 a fine... |
Each of the BIU and the Respondent will bear the costs it/they incurred in relation to the case. |
There will be no power to shift such costs to the other party. |
12.13 There is no right of appeal from decisions of the Secretary General. |
INTERNATIONAL LIFE SAVING FEDERATION (ILS) ANTI -DOPING RULES Adopted on 22 July 2020 Takes effect on 1 January 2021 International Life Saving Federation Contact address: Gemeenteplein 26 – 3010 Leuven – Belgium E-mail: ils.hq@telenet.be – Web: www.ilsf.org Tel: +32 16 89 60 60... |
These Anti -Doping Rules are 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 crimin al 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 proport ionality and human rights. |
When reviewing the facts and the law of a given case, 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 f act that these rules represent the consensus of a broad spectrum of stakeholders around ... |
As provided in the Code , ILS shall be responsible for conducting all aspects of Doping Control . |
Any aspect of Doping Control or anti -doping Education may be delegated by ILS to a Delegated Third Party , such as the International Testing Agency ( ITA), however, ILS shall require the Delegated Third Party to perform such aspects in compliance with the Code , International Standards , and these Anti -Doping Ru... |
ILS may delegate its adjudication responsibilities and Results Management to the CAS Anti-Doping Division. |
When ILS has delegated its responsibilities to implement part or all of Doping Control to a Delegated Third Party, any reference to ILS in these Rules should be intended as a reference to th at Delegated Third Party , where applicable and within the context of the af orementioned delegation. |
ILS shall always remain full y responsible for ensuring that any delegated aspects are performed in compliance with the Code . |
Italicized t erms in these Anti -Doping Rules are defined terms in Appendix 1 . |
Unless otherwise specified, references to Articles are references to Articles of the se Anti -Doping Rules. |
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