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It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person WT 2021 Anti-Doping Rules 37 10.7.3 Application of Multiple Grounds for Reduction of a Sanction Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.5, 10.6 or 10.7, before applying any reduction or suspension under Article 10.7, the otherwise applicable period of Ineligibility shall be determined in accordanc e with Articles 10.2, 10.3, 10.5, and 10.6. |
If the Athlete or other 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 o ne-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 WT of a potential anti -doping rule violation that carries an asserted period of Ineligibi lity of four (4) or more years (including any period of Ineligibility asserted under Article 10.4), admits the violation and accepts the asserted period of Ineligibility no later than twenty ( 20) days after receiving notice of an anti-doping rule violation charge, the Athlete or other Person may receive a one (1) year reduction in the period of Ineligibility asserted by WT. |
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 Perso n admits an anti -doping rule violation after being confronted with the anti -doping rule violation by WT and agrees to Consequences acceptable to WT and WADA , at their sole discretion, then: (a) the Athlete or other Person may receive a reduction in the period of Ineligibility based on an assessment by WT and WADA of the application of Articles 10.1 through 10.7 to the asserted anti -doping rule violation, the seriousness of the violation, the Athlete or other Person ’s degre e of Fault and how promptly the Athlete or other Person admitted the violation; and (b) the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. |
In each case, how ever, where 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 Suspension which was subsequently respected by the Athlete or other Person . |
The decision by WADA and WT 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 Ineligibilit y 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, WT shall allow the Athle te or other Person to discuss an believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
52 [Comment to Article 10.8.1: For example, if WT alleges that an Athlete has violated Article 2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Athlete may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and accepting the three (3) year period of Ineligibility within the time specified in this Article, with no further reduction allowed. |
This resolves the case without any need for a hearing.] |
WT 2021 Anti-Doping Rules 38 admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .53 10.9 Multiple Violations 10.9.1 Second or Third Anti -Doping Rule Violation 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 Ineligibility imposed for the first anti -doping rule violation plus the period of Ineligibility otherwise applicable to the second anti -doping rule violation treated as if it were a first violation , and (ii) twice the period of Ineligibility otherwise applicable to the second anti -doping rule violation treated as if it were a first violation ., 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 violatio n of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eight (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 viol ation 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 WT can establish that the Athlete or other Person committed the additional anti -doping rule violation after the Athlete or other Person received notice pursuant to Article 7, or after WT made reasonable efforts to give notice of the first 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.] |
WT 2021 Anti-Doping Rules 39 anti-doping rule violation. |
If WT cannot establish this, the viola tions 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 bac k to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.10.54 10.9.3.2 If WT establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred twelve ( 12) months or more before or after the first -noticed violation, then the period of Ineligibility for the additional violation shal l be calculated as if the additional violation were a stand -alone first violation and this period of Ineligibility is served consecutively, rather than concurrently, with the period of Ineligibility imposed for the earlier -noticed violation. |
Where this Art icle 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 WT 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 violation shall be served consecutively, rather than concurrently, with the period of Ineligibility , if any, imposed for the underlying anti -doping rule violation. |
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 WT establis hes that a n 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 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 R esults 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 the date a positive Sample was collected (whether In-Competition or Out-of-Competition ), or other anti -doping rule violation occurred, through the commencement of any Provisional Suspension or 54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, WT discovers facts involving an anti-doping rule violation that oc curred prior to notification for a first anti -doping rule violation – e.g., WT shall impose a sanction based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including the application of Aggravat ing Circumstances.] |
WT 2021 Anti-Doping Rules 40 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 WT 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 not competed.56 10.12 Financial Consequences 10.12.1 Where an Athlete or other Person commits an anti -doping rule violation, WT may, in its discretion and subject to the principle of proportionality, elect to (a) recover from the Athlete or other Person costs associated with the anti -doping rule violation, regardless of the period of Ineligibility imposed and/or (b) fine the Athle te or other Person in an amount up to 25,000 U.S. |
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 WT'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 Athlet e 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 , WT or WT Hearing Panel , if applicable, may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti -doping rule violation last occurred. |
All competitive results achieved during the p eriod 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 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.] |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on WT to take any action to collect forfeited prize money. |
If WT elects not to take any action to c ollect 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 mone y as agreed upon by WT 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 WT 2021 Anti-Doping Rules 41 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 or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. |
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 perio d 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 WT 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 be imposed. |
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 gi ven 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. |
10.13.2.4 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 Ineligibil ity 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 , participate in any capacity in a Competition or activity (other than authorized anti -doping Education or rehabilitation programs) authorized or organized by any Signatory , Signatory's member where the Athlete or other Person has taken affirmative action to avoid detection. |
In these circumstances, the flexibility pr ovided in this Article to start the sanction at an earlier date should not be us ed.] |
58 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athle te and shall not be used in any way to draw an adverse inference against the Athlete.] |
WT 2021 Anti-Doping Rules 42 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 by a governmental agency. |
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 otherwi se under the authority of a Code Signatory or member of a Code Signatory , but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points towar d) a national championship or International Event , and does not involve the Athlete or other Person working in any capacity with Protected Persons . |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by WT 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 organization of WT’s or other Signatory’s member organization during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility , or (2) the last one -quarter of the period of Ineligibility imposed.60 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall be ad ded to the end of the original period of Ineligibility . |
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 d etermination 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 of Provisional Suspension served and the results of such participation shall be Disqualified . |
59 [Comment to Article 10.14.1: For example, subject to Article 10.14.2 below, Ineligible Athletes cannot participate in a train ing camp, exhibition or practice organized by their National Federation or a club which is a member of that National Federation or which 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 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 ot her sports (see Article 15.1, Automatic Binding Effect of Decisions). |
An Athlete or other Person serving a perio d 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, a nd doing so could also result in a violation of Article 2.10 by another Athlete. |
Any performance s tandard accomplished during a period of Ineligibility shall not be recognized by WT 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 t raining period described in this Article, an Ineligible Athlete may not compete or engage in any activ ity described in Article 10.14.1 other than training.] |
WT 2021 Anti-Doping Rules 43 Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension , WT 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 WT and its MNA s. 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 Teams Where one (1) member of a team (outside of Team Sports ) 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 all members of the team during the Event Pe riod. |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team in connection with an In-Competition test automatically leads to Disqualification of the result obtained by the team in that Competition , with all resulting Consequences for the team and its members, including forfeiture of any medals, points and prizes. |
11.2.2 An anti -doping rule violation committed by a member of a team occurring d uring or in connection with an Event may lead to Disqualification of all of the results obtained by the team in that Event with all Consequences for the team and its members, including forfeiture of all medals, points and prizes, except as provided in Arti cle 11.2.3. |
11.2.3 Where an Athlete who is a member of a team committed an anti -doping rule violation during or in connection with one (1) Competition in an Event, if the other member(s) of the team establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the results of the team in any other Competition(s) in that Event shall not be Disqualified unless the results of the team in the Competition(s) other than the Competition in which the anti -doping rule violation occurred wer e likely to have been affected by the Athlete's anti-doping rule violation. |
ARTICLE 12 SANCTIONS BY WT AGAINST OTHER SPORTING BODIES When WT becomes aware that a MNA 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, WT has the authority and may take the following additional dis ciplinary actions: WT 2021 Anti-Doping Rules 44 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 . |
12.2 Take additional disciplinary action s with respect to that organization’s or body’s recognition, the eligibility of their members to participate in WT’s activities, and/or fine that organization . |
12.3 The WT Integrity Committee has the authority to withhold some or all funding or other financial and non-financial support to MNAs or any other sporting body over which it has authority . |
12.4 MNAs shall be obligated to reimburse WT 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 MNAs or any other sporting body over which it has authority . |
12.5 The MNAs shall be liable for the conduct of their affiliated Athletes or other Persons , regardless of any question of the MNAs ’ fault, negligence or other culpable oversight. |
In the event that an MNA is found to have breached an obligation under th ese Anti -Doping Rules, including under Article 16 or failed to comply with any directive or request on Anti -Doping matters issued by WT, WT may: a) impose a suspension on the MNA for a period of up to one (1) year; and/or b) impose a fine on the MNA of up to 50,000 USD. |
12.6 If one or two violations of these Anti -Doping Rules are committed by Athlete s or other Person s affiliated to a n MNA within a 12 -month period , the Athlete ’s or other Person ’s MNA shall automatically pay WT a fine of 5,000 USD per violation within thirty (30) days of the date on which WT demands such payment. |
If the MNA fails to pay within such deadline, it shall be prevented from entering any affilia ted Athletes under its national flag in WT Events until it has paid the due amount in full. |
12.7 If three or more violations of these Anti -Doping Rules are committed by Athletes or other Persons affiliated to an MNA within a 12 -month period, WT shall have the power to: a) impose a suspension on the MNA of a period of up to (4) years; and/or b) fine the MNA as follows: b-1) for 3 violations up to 50,000 USD; b-2) for 4 violations up to 100,000 USD; b-3) for 5 v iolations up to 150,000 USD; b-4) for 6 violations up to 200,000 USD; b-5) for 7 violations up to 250,000 USD; b-6) for 8 violations up to 300,000 USD; b-7) for 9 or more violations up to 500,000 USD, to be paid within 6 months from the receipt of WT decision. |
If the MNA fails to pay the fine within such deadline, and the suspension under point (a) is not imposed, a period of suspension of two years, or, if earlier, until the fine is settled in full, shall be automatically imposed on the MNA concerned. |
For the avoidance of doubt, the fine remains due to WT after the period of suspension of the MNA has been served; and/or WT 2021 Anti-Doping Rules 45 c) ban all or any officials from the MNA concerned for participation in any WT activities for a period of up to two years. |
[Comment to Article 12.6: if WT considers that a violation of these Anti -Doping Rules is severe ( i.e., due to the number of violations, the Prohibited Substances or Prohibited Methods involved, an Athlete or other Person’s degree of Fault, the fact that the violations were committed by Athlete Support Personnel , etc. |
), then an appropriate period of suspension shall be imposed, without prejudice to the imposition of any other additional sanction under this Article 12. |
7] 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 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 The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issue s 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 Appealed In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.63 13.1.3 WADA Not Required to Exhaust Internal Remedies 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 Organ izations 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 Articl e 13 does not include Athletes, or their National F ederations, 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 rather fo r 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 Athlete i n 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.] |
WT 2021 Anti-Doping Rules 46 Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within WT’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in WT’s process.64 13.2 Appeals from Decisions Regarding A nti-Doping Rule Violations, Consequences , Provisional Suspensions, Implementation of Decisions and Authority A decision that an anti -doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti -doping rule violation, or a decision that no anti -doping rule violation was committed; a decision that an anti -doping rul e violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) months notice requirement for a retired Athlete to return to competition under Article 5. |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by WT 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 accordance with the International Standard for Results Management ; a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing ; WT’s failure to comply with Article 7.4; a decision that WT lacks authority to rule on an alleged anti -doping rule violation or its Consequences ; a decision to suspend, or not suspend, Consequences or to reinstate, or not r einstate, Consequences under Article 10.7.1; failure to comply with Articles 7.1.4 and 7.1.5 of the Code ; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by WT not to implement another Anti-Doping Organization’s decision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2. |
13.2.1 Appeals Involving International -Level Athletes or International Events 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 decision may be appealed to an appellate body, in accordance with rules adopted by the National Anti -Doping Organization having authority over the Athlete or other Person . |
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 64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of WT’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of WT’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in WT’s internal process and appeal directly to CAS.] |