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41 Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes o f Article 10.2. |
42 Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of ILS. |
This Article is intended t o give ILS the leeway to apply their own judgment to identify and approve legitimate and reputable, as oppos ed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change ov er time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. |
ILS Ant -Doping Rules 2021 Page 29 of 64 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Use or Possession shall not be considered intentional for pu... |
10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: 10.3.1 For violations of Article 2.3 or 2.5 , the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can estab lish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibili... |
10.3.2 For violations of Article 2.4 , the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault . |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing . |
10.3.3 For violations of Article 2.7 or 2.8 , the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious viol ation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel . |
In addition, significant violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.43 10.3.4 For violations of Article 2.9 , the period of Ineligibility imposed shall be a minimum of two (2) year... |
43 Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions whi ch are more severe than the Athletes who test positive. |
Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping. |
ILS Ant -Doping Rules 2021 Page 30 of 64 10.3.5 For violations of Article 2.10 , the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For violatio... |
All reductions under Article 10.6 .1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods 44 Comment to Article 10.3.5: Where the “other Person ” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12. |
45 Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities ) shall be sanctioned based on the violation that carries the more severe sanction. |
46 Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Traff icking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retal iate Against Reporting to Authorities ) are not included in ... |
4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance. |
47 Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due car e, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vi tamin or nutritional supplement (Athletes are responsible for w hat they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); ... |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a red uced sanction under Article 10.6 based on No Significant Fault or Negligence. |
ILS Ant -Doping Rules 2021 Page 31 of 64 Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Athlete or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a minimum, a repr... |
10.6.1.2 Contaminated Products In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse ) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand ... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 . |
If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as provided in Article 10. |
7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.49 48 Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substanc... |
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Signific ant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete ca n establish the source of the Prohibited Subst ance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the... |
Where an Adverse Analytical Finding results from environment contamination of a “non -product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti -doping rule violation, typically there would be No Fault or Negligence under Article 10.5. |
49 Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti -doping rule violation except those Articles where intent is an element of the anti -doping rule violation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is alre... |
ILS Ant -Doping Rules 2021 Page 32 of 64 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault 10.7.1 Substantial Assistance in Discovering or Establishing Code Violations50 10.7.1.1 ILS may, prior to an appellate decision under Article 13 o... |
After an appellate decision under Article 13 or the expiration of time to appeal, ILS may only suspend a part of the otherwise appli cable Consequences with the approval of WADA . |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate dopin... |
No more than three -quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non -suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of the se Anti -Doping Rules . |
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance , ILS shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, ILS shall reinstate the original Consequences . |
If ILS decides to reinstate suspended 50 Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping rule violations to light is importa nt to clean sport. |
ILS Ant -Doping Rules 2021 Page 33 of 64 Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13 . |
10.7.1.2 To further encourage Athlete s and other Person s to provide Substantial Assistance to Anti-Doping Organization s, at the request of ILS or at the request of the Athlete or other Person who has , or has been asserted to have , committed an anti -doping rule violation, or other violation of the Code , WADA... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility , no mandatory Public Disclosure and/or no return of prize money or payment of fines... |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13 , WADA ’s decisions in the context of this Article 10.7.1.2 may not be appealed. |
10.7.1.3 If ILS suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justification for the decision shall be provided to the other Anti-Doping Organizations with a right to appeal under Article 13.2. |
3 as provided in Article 14.2 . |
In unique circumstances where WADA determines that it would be in the best interest of anti -doping, WADA may authorize ILS to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided. |
10.7.2 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where an Athlete or other Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an a... |
If the Athlete or other 51 Comment to Article 10.7.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an a nti-doping rule violation in circumstances where no Anti -Doping Organization is aware that an anti -doping rul e violation might have been committed. |
It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person bel ieves he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the l ikelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily. |
ILS Ant -Doping Rules 2021 Page 34 of 64 Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7 , then the period of Ineligibility may be reduced or suspended, but not below one -fourth of the otherwise applicable period of Ineligibility . |
10.8 Results Management Agreements 10.8.1 One (1) Year Reduction for Certain Anti -Doping Rule Violations Based on Early Admission and Acceptance of Sanction Where an Athlete or other Person , after being notified by ILS of a potential anti -doping rule violation that carries an asserted period of Ineligib il... |
Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1 , no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.52 10.8.2 Case Resolution Agreement Where the Athlete or other Per... |
In each case, however, wher e this Article is applied, the Athlete or other Person shall serve at least one -half of the agreed -upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Su spension which was subseque... |
The decision by WADA and ILS to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13 . |
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, ILS shall allow the Athlete or ot her Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .53 10.9 Multiple Violations 10.9.1 Sec... |
This resolves the case without any need for a hearing. |
53 Comment to Article 10.8: Any mitigating or aggravating factors set forth in this Article 10 shall be considered in arriving at the Consequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement. |
ILS Ant -Doping Rules 2021 Page 35 of 64 10.9.1.1 For an Athlete or other Person’s second anti -doping rule violation, the period of Ineligibility shall be the greater of: (a) A six (6) month period of Ineligibility ; or (b) A period of Ineligibility in the range between: (i) the sum of the period of Ineli... |
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the second violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4 . |
In these particular cases, the period of Ineligibility shall be from eigh t (8) years to lifetime Ineligibility . |
10.9.1. |
3 The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7 . |
10.9.2 An anti -doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9 . |
In addition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9 . |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9 , except as provided in Articles 10.9.3.2 and 10.9.3.3 , an anti -doping rule violation will only be considered a second violation if ILS can establish that the Athlete or other Pers... |
If ILS cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggravating Circumstances . |
Results in all Competitions dating back to the earlier ILS Ant -Doping Rules 2021 Page 36 of 64 anti-doping rule violatio n will be Disqualified as provided in Article 10.10 .54 10.9.3.2 If ILS establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notificat... |
Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1 . |
10.9.3.3 If ILS establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Contr ol process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand -alone first violation and the period of Ineligibility f... |
Where this Article 10.9.3.3 is applied, the violations taken together shall consti tute a single violation for purposes of Article 10.9.1 . |
10.9.3.4 If ILS establishes that a Person has committed a second or third anti -doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti -Doping Rule Violations during Te n (10) Year Period For purposes of Article 10.9 , each anti -doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9 , all other competitive results of the Athlete ob... |
55 Comment to Article 10.10: Nothing in these Anti -Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti -doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person. |
ILS Ant -Doping Rules 2021 Page 37 of 64 10.11 Forfeited Prize Money If ILS recovers prize money forfeited as a result of an anti -doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete no... |
10.12.2 The imposition of a financial sanction or the ILS' recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules. |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a perio d of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlete or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person , ILS or CAS, if applicable, m... |
All competitive results achieved during the period of Ineligibility , includ ing retroactive Ineligibility , shall be Disqualified .57 10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served 10.13.2.1 If a Provisional Suspension is respected by the Athlete or other Person , then the Athlete... |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. |
If a period of Ineligibility is served pursuant to a 56 Comment to Article 10.11: This Article is not intended to impose an affirm ative duty on ILS to take any action to collect forfeited prize money. |
If ILS elects not to take any action to collect forfeited prize money, it may assign its right to recover such m oney to the Athlete(s) who should have otherwise received the money. |
“Rea sonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by ILS and its Athletes. |
57 Comment to Article 10.13.1: In cases of anti -doping rule violations other than under Article 2.1, t he time required for an Anti -Doping Organization to discover and develop facts sufficient to establish an anti -doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirma... |
In these ci rcumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used. |
ILS Ant -Doping Rules 2021 Page 38 of 64 decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal. |
10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from ILS and thereafter respects the Provisional Suspension , the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ulti... |
A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti -doping rule violation under Article 14.1 .58 10.13.2.3 No credit against a period of Ineligibility shall be given for any time period b... |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Sus... |
An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four (4) years of the period of Ineligibility , participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but on... |
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