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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 WBSC can establish that the Athlete or other Person commi... |
WBSC 2021 Anti-Doping Rules Page 39 of 68 violation after the Athlete or other Person received notice pursuant to Article 7, or after WBSC made reasonable efforts to give notice of the first anti-doping rule violation. |
If WBSC 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 anti-doping rule violation will be Disqualified as provided in Article 10.10.54 10.9.3.2 If WBSC establishes that an Athlete or other Person committed an additional anti-doping rule violation prior to notification, and that the additional violation occurred twelv... |
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 WBSC establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Control 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 for such ... |
Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1. |
10.9.3.4 If WBSC establishes that an Athlete or other 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 Ten (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 obtained from... |
WBSC 2021 Anti-Doping Rules Page 40 of 68 Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes.55 10.11 Forfeited Prize Money If WBSC recovers prize money forfeited as a result of an anti-doping... |
Dollars, only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed. |
10.12.2 The imposition of a financial sanction or the WBSC's 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 period 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, WBSC or WBSC Doping Hearing Panel, if a... |
All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.57 55 [Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the act... |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on WBSC to take any action to collect forfeited prize money. |
If WBSC elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. |
“Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by WBSC and its Athletes.] |
57 [Comment to Article 10.13.1: In cases of anti-doping rule violations other than under Article 2.1, the time required for an Anti-Doping Organization to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly WBSC 2021 Anti-Doping Rules Page 41 of 68 10.13.... |
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 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 WBSC 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 ultimately b... |
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 before t... |
10.13.2.4 In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.] |
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 Suspension, ... |
In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.] |
58 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.] |
WBSC 2021 Anti-Doping Rules Page 42 of 68 organization, or a club or other member organization of a Signatory’s member organization, or in Competitions authorized or organized by any professional league or any international- or national-level Event organization or any elite or national-level sporting activity funded... |
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 only so l... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by WBSC to provide whereabouts information.59 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member... |
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, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility. |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period 59 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible At... |
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 organized by a non-Signatory International Event organization or a non-Signatory national-level Event organization 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 organization described in this Article. |
Ineligibility imposed in one sport shall also be recognized 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 recognized by WBSC or its National Federations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
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.] |
WBSC 2021 Anti-Doping Rules Page 43 of 68 of Provisional Suspension served and the results of such participation shall be Disqualified. |
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension, WBSC shall impose sanctions for a violation of Article 2.9 for such assistance. |
10.14.4 Withholding of Financial Support during Ineligibility In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by WBSC and its Natio... |
10.15 Automatic Publication of Sanction A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3. |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Team Sports Where more than one (1) member of a team in a Team Sport has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event P... |
11.2 Consequences for Team Sports If more than two (2) members of a team in a Team Sport are found to have committed an anti-doping rule violation during an Event Period, the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competition or Event, o... |
ARTICLE 12 SANCTIONS BY WBSC AGAINST OTHER SPORTING BODIES When WBSC becomes aware that a National Federation or any other sporting body over which it has authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Rules within that organization’s or body’s area of competence, WBSC has the a... |
The WBSC Integrity Unit is the competent organ within WBSC to manage the process and determine sanctions against National Federations or any other sporting body over which WBSC has authority. |
12.1 Exclude all, or some group of, members of that organization or body from specified future Events or all Events conducted within a specified period of time. |
WBSC 2021 Anti-Doping Rules Page 44 of 68 12.2 Take additional disciplinary actions with respect to that organization’s or body’s recognition, the eligibility of their members to participate in WBSC’s activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of t... |
In such event: (a) all or some group of members of that organization or body may be banned from participation in any WBSC activities for a period of up to two (2) years and/or (b) that organization or body may be fined in an amount up to 50000 U.S. |
Dollars. |
12.2.2 Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. |
In such event, that organization or body may be suspended for a period of up to four (4) years. |
12.2.3 More than one Athlete or other Person affiliated with that organization or body commits an anti-doping rule violation during an International Event. |
In such event, that organization or body may be fined in an amount up to 50000 U.S. |
Dollars. |
12.2.4 That organization or body has failed to make diligent efforts to keep WBSC informed about an Athlete's whereabouts after receiving a request for that information from WBSC and/or did not transmit the list of Athletes participating to International Events as indicated in article 5.5.13 of these Anti-Doping Rules... |
In such event, that organization or body may be fined in an amount up to 50000 U.S. |
Dollars per Athlete, in addition to reimbursement of all of the WBSC costs incurred in Testing that organization’s or body’s Athletes. |
12.3 Withhold some or all funding or other financial and non-financial support to that organization or body. |
12.4 Oblige that organization or body to reimburse WBSC for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated with that organization or body. |
ARTICLE 13 RESULTS MANAGEMENT: APPEALS 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 Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the International Standards. |
Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. |
13.1.1 Scope of Review Not Limited 61 [Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. |
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 under Article 13 does not include Athletes, or their National Federations, who might benefit from having another competitor Disqualified.] |
WBSC 2021 Anti-Doping Rules Page 45 of 68 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 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.62 13.1.2 CAS Shall Not Defer to the Findings Being Ap... |
13.2.1 Appeals Involving International-Level Athletes or International Events 62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, 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.] |
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 stage of WBSC’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of WBSC’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in WBSC’s internal process and a... |
WBSC 2021 Anti-Doping Rules Page 46 of 68 In cases arising from participation 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 cases where Article 13.2.1 is not applicable, ... |
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 available 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 party to the... |
13.2.3.2 Appeals Involving Other Athletes or Other Persons In cases under Article 13.2.2, the parties 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 th... |
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and WBSC shall also have the right to appeal to CAS with respect to the decision of the appellate body. |
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.] |
WBSC 2021 Anti-Doping Rules Page 47 of 68 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 ensure 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 imposition 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 WBSC pursuant to Article 12 may be appealed exclusively to CAS by the National Federation 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 under 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 WBSC Where, in a particular case, WBSC fails to render a decision with respect to whether an anti-doping rule violation was committ... |
If the CAS hearing panel determines that an anti-doping rule violation was committed and that 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 WBSC.67 13.4 Appeals Relating to TUEs TUE decisions may be appealed ex... |
13.5 Notification of Appeal Decisions WBSC 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. |
66 [Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. |
This provision permits a full hearing for all parties.] |
67 [Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for WBSC to render a decision before WADA may intervene by appealing directly to CAS. |
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