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WBF 2021 Anti -Doping Rules Page 44 of 67 ARTICLE 13 RESULTS MANAGEMENT : APPEAL S 61 13.1 Decisions Subject to Appeal Decisions made under the Code or these Anti -Doping Rules may be appealed as set forth below in Article s 13.2 through 13.7 or as otherwise provided in these Anti -Doping Rules, the Code or ... |
Such decisions shall remain in effect while under appeal unless the appel late body orders otherwise. |
13.1.1 Scope of Review Not Limited The 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 ap peal 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.62 13.1.2 CAS Shall Not Defer to the Findings Being ... |
Anti -doping decisions by Anti -Doping Organizations are made transparent in Article 14. |
Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. |
Note that the definition of interested Persons and organizations with a right to appeal und er Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but r ather for clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same condu ct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the At hlete in the appeal.] |
63 [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.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final s tage of WBF ’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of WBF ’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in WBF ’s internal process and... |
WBF 2021 Anti -Doping Rules Page 45 of 67 competition under Article 5. |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by WBF not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti -doping rule violation, or a decision not to go forward with an anti -doping rule violation after an investigation in accordanc... |
13.2.1 Appeals Involving International -Level Athletes or International Events In cases arising from par ticipation in an International Event or in cases involving International -Level Athletes , the decision may be appealed exclusively to CAS.65 13.2.2 Appeals Involving Other Athletes or Other Persons In ... |
The rules for such appeal shall 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 as described above is in place and ava ilable at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules . |
13.2.3 Persons Entitled to Appeal 13.2.3.1 Appeals Involving International -Level Athletes or International Events In cases under Article 13.2.1, the following parties shall 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 pa... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons 65 [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.] |
WBF 2021 Anti -Doping Rules Page 46 of 67 In cases under Article 13.2.2, the partie s having the right to appeal to the appellate body shall be as provided in the National Anti -Doping Organization's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subje... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and WBF shall also have the right to appeal to CAS with respect to the decision of the appellate l body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ens ure that WADA and all other parties with a right to appeal have been given timely notice of the appeal. |
13.2.3. |
4 Appeal from Imposition of Provisional Suspension Notwithstanding any other provision herein, the only Person who may appeal from the imposi tion of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. |
13.2.3.5 Appeal from Decisions under Article 12 Decisions by WBF pursuant to Article 12 may be appealed exclusively to CAS by the National Fe deration or other body . |
13.2.4 Cross Appeals and other Subsequent Appeals Allowed Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. |
Any party with a right to appeal und er this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.66 13.3 Failure to Render a Timely Decision by WBF Where, in a particular case, WBF fails to render a decision with respect to whether an anti -doping rule violation was comm... |
If the CAS hearing panel determines that an anti -doping rule violation w as committed and that 66 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rul es no longer permit an Athlete the right to cross appeal when an Anti -Doping Organizat... |
This provision permits a full hearing for all parties.] |
WBF 2021 Anti -Doping Rules Page 47 of 67 WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by WBF .67 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.4. |
13.5 Notification of Appeal Decisions WBF shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following s hall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a cop... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed , or (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established b y the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization . |
67 [Comment to Article 13.3: Given the di fferent circumstances of each anti -doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for WBF to render a decision before WADA may intervene by appealing directly to CAS. |
Before taking su ch action, however, WADA will consult with WBF and give WBF an opportunity to explain why it has not yet rendered a decision.] |
68 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appeal if the pa rty has not received the decision.] |
WBF 2021 Anti -Doping Rules Page 48 of 67 The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or (b) Twenty -one (21) days after WADA’s receipt of ... |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytic al Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violation... |
If at any point during Results Management up until the anti -doping rule violation charge, WBF decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or ot her Person had been already informed of the ongoing Results Management ). |
Any n otice under these Anti -Doping Rules shall be delivered or emailed by WBF to Athletes or other Persons . |
In addition to the notification by WBF , it shall also be the responsibilit y of the National Federation to notify the Athlete or other Person . |
If the notification takes place via the Athlete or other Person’s National Federation , the National Federation shall confirm to WBF that they have delivered the notification to the Athlete or other Person . |
14.1.2 Notice of Anti -Doping Rule Violations to National Anti -Doping Organizations and WADA Notice of the assertion of an anti -doping rule violation to the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall o ccur as provided under Articles 7 and 14, simultaneously with the notice t... |
If at any point during Results Management up until the anti -doping rule violation charge, WBF decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3. |
Notice shall be delivered or emailed. |
14.1.3 Content of an Anti -Doping Rule Violation Notice Notification of an anti -doping rule violation shall include : the Athlete's or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level , whether the test was In-Competition or Out-of-Competition , the date of Sa... |
WBF 2021 Anti -Doping Rules Page 49 of 67 Notification of anti -doping rule violations other than under Article 2.1 shall also include the rule vio lated and the basis of the asserted violation. |
14.1.4 Status Reports Except with respect to investigations which have not resulted in a notice of an anti -doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s National Anti -Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceedin... |
14.1.5 Confidentiality The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee , National Federation , and team in a Team Sport ) until WBF has made Public Disclosure as pe... |
14.1.6 Protection of Confidential Information by an Employee or Agent of the WBF WBF shall ensure that information concerning Adverse Analytical Findings , Atypical Findings , and other asserted anti -doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article... |
WBF shall ensure that its employees (whether permanent or otherwise), contractors, agents , cons ultants, and Delegated Third Parties are subject to fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclos... |
14.2 Notice of Anti -Doping Rule Violation or Violations of Ineligibility or Provisional Suspension Decisions and Request for Files 14.2.1 Anti-doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspensi on rendered pursuant to Article 7. |
6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed . |
Where the decision is not in Engl ish or French, WBF shall provide an English or French summary of the decision and the supporting reasons. |
14.2.2 An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen ( 15) days of receipt, request a copy of the full case file pertaining to the decision. |
14.3 Public Disclosure 14.3.1 After 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 Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a ... |
WBF 2021 Anti -Doping Rules Page 50 of 67 14.3.2 No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not... |
WBF must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning anti -doping rule violations, including the information described above .69 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... |
14.3.4 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti -doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed . |
However, the decision itself and the underlying facts may not b e Publicly D isclosed except with the consent of the Athlete or other Person who is the subject of the decision. |
WBF shall use reasonable efforts to obtain such consent , and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. |
14.3.5 Publication shall be accomplished at a minimum by placing the required information on the WBF ’s website and leaving the information up for the longer of one (1) month or the duration o f any period of Ineligibility . |
It will be removed immediately after the expiry of the indicated time periods. |
14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization , National Federation , or WADA -accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response ... |
14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti -doping rule violation is a Mino r, Protected Person or Recreational Athlete . |
Any optional Public Disclosure in a case involving a Minor , Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case. |
69 [Comment to Article 14.3.2: Where Public Disclosure as required by Article 14.3.2 would res ult in a breach of other applicable laws, WBF ’s failure to make the Public Disclosure will not result in a determination of non -compliance with Code as set forth in Article 4.1 of the International Standard for the Protect... |
WBF 2021 Anti -Doping Rules Page 51 of 67 14.4 Statistical Reporting WBF shall, at least annually , publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA . |
WBF may also publish reports showing the name of each Athlete tested and the date of each Testing . |
14.5 Doping Control Informatio n Database and Monitoring of Compliance To enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control information among Anti-Doping Organizations , WBF shall report to WADA through ADAMS Doping Control... |
14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Orga nizations , and to ensure that Athlete Biological Passport profiles are updated , WBF shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Cont... |
14.5.2 To facilitate WADA ’s oversight and appeal rights for TUEs , WBF shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the require ments and timelines contained in the International Standard for Therapeutic Use Exemptions . |
14.5.3 To facilitate WADA ’s oversight and appeal rights for Results Management , WBF shall report the following information into ADAMS in accordance with the requi rements and timelines outlined in the International Standard for Results Management : (a) notifications of anti -doping rule violations and related dec... |
14.5.4 The information described in this Article will be made accessible, where appropriate an d in accordance with the applicable rules, to the Athlete , the Athlete ’s National Anti -Doping Organization , and any other Anti-Doping Organizations with Testing authority over the Athlete . |
14.6 Data Privacy 14.6.1 WBF may collect, store, process or dis close personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code , the International Standards (including WBF 2021 Anti -Doping Rules Page 52 of 67 specifi... |
14.6.2 Without limiting the foregoing, WBF shall: (a) Only process personal information in accordance with a valid legal ground; (b) Notify any Participant or Person subject to these Anti -Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Pri... |
14.7 Means of Notice Any notice given under these Anti -Doping Rules shall, in the absence of earlier or actual proof of receipt, be deemed to have been duly given as fol lows: (a) if delivered personally by hand against receipt , on the date of delivery; (b) if sent by post, seven calendar days after the ... |
ARTICLE 15 IMPLEMENTATION OF DECI SIONS 15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations 15.1.1 A decision of an anti -doping rule violation made by a Signatory Anti -Doping Organization , an appellate body (Article 13.2.2 of the Code ) or CAS shall, after the parties to th... |
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 participation (as described in Article 10.14.1) in all sports within the authority of any Signatory for the period of... |
WBF 2021 Anti -Doping Rules Page 53 of 67 15.1.1.3 A decision by any of the above -described bodies accepting an anti -doping rule violation automatically binds all Signatories . |
15.1.1.4 A decision by any of the above -described bod ies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period. |
15.1.2 WBF and its National Federations shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date WBF receives actual notice of the decision or the date the decision is placed into ADAMS . |
15.1.3 A decision by an Anti-Doping Orga nization , a national appellate body or CAS to suspend, or lift, Consequences shall be binding upon WBF and its National Federations without any further action required, on the earlier of the date WBF receives actual notice of the decision or the date the d ecision is plac... |
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an anti -doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on WBF or its National Federations unless the rules of the Major Event Organization provide the Athlete or... |
71 [Comment to Articles 15.1 and 15.2: Anti-Doping Organization decisions under Article 15.1 a re implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part. |
For example, when a National Anti - Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. |
To be clear, the “decision” is the one made by the National Anti -Doping Organization, there is not a separate decision to be made by the International Federation. |
Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti -Doping Organization. |
Implementation of Anti -Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion. |
A Signatory’s impleme ntation of a decision under Article 15.1 or Article 15.2 is not appealable separately from any appeal of the underlying decision. |
The extent of recognition of TUE decisions of other Anti -Doping Organizations shall be determined by Article 4.4 and the Inter national Standard for Therapeutic Use Exemptions.] |
WBF 2021 Anti -Doping Rules Page 54 of 67 authority of that body and the anti -doping rules of that body are otherwise consistent with the Code .72 ARTICLE 16 STATUTE OF LIMITATIONS No anti -doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been n otifi... |
ARTICLE 17 EDUCATION WBF shall plan, implement, evaluate an d promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education . |
WBF may decide to request that Athletes complete Educational activities before and/or during their participation in select Events (e.g: Youth World Championships) as a condition of such participation . |
The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on WBF ’s website. |
Failure by the Athlete to complete educational activities as requested by WBF may result in the imposition of sanction under WBF 's disciplinary rules , unless the Athlete provide s to WBF a justification for such failure, which shall be assessed by WBF on a case by case basis . |
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