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Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing an Athlete ’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether t he Athlete or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk.
In assessing the Athlete’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Athlete’s or other Person ’s departure from the expected standard of behavior.
Thus, fo r example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility , or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.77 Financial Consequences : See Consequences of Anti -Doping Rule Violations above.
In-Competition : The period commencing at 11: 59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition .78 Independent Observer Program : A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA’s compliance monitoring program.
77 [Comment to Fault : The criteri on for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Signi ficant Fault or Negligence on the part of the Athlete or other Person was involved.]
78 [Comment to In-Competition : Having a universally accepted definition for In -Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In -Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any potential performance enhancement benefits from Substances prohibited Out -of-Competition being carried over to the Competition period.]
Appendix: Definitions A64 Individ ual Sport : Any sport that is not a Team Sport .
Ineligibility : See Consequences of Anti-Doping Rule Violations above.
Institutional Independence : Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management .
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsi ble for Results Management .
International Event : An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization , or another international sport organizatio n is the ruling body for the Event or appoints the technical officials for the Event .
For WT, International Events are defined as : • WT promoted , sanctioned and recognized Event ; • Olympic Games ; • Olympic Qualification Events ; • International Event for WT ’s ranking and; • any other Event for which WT appoints technical officials.
International -Level Athlete : Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
For the sport of Taekwondo , International -Level Athletes are defined as set out in the Scope section of the Introduction to these Anti -Doping Rules.79 International Standard : A standard adopted by WADA in support of the Code .
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical Documents issued p ursuant to the International Standard .
Major Event Organizations : The continental associations of National Olympic Committees and other international multi -sport organizations that function as the ruling body for any continental, regional or other Interna tional Event .
Marker : A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method .
Metabolite : Any substance produced by a biotransformation process.
Minimum Reporting Level : The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding .
Minor : A natural Person who has not reached the age of eighteen (18) years.
National Anti -Doping Organization : The entity(ies ) designated by each country as possessing the primary authority and responsibility to adopt and implement anti -doping rules, direct the collection of Samples , manage test results and conduct Results Management at the national level.
If this designation h as not been 79 [Comment to International -Level Athlete : Consistent with the International Standard for Testing and Investigations, WT is free to determine the criteria it will use to classify Athletes as International -Level Athletes, e.g., by ranking, by participation in particular International Events, by typ e of license, etc.
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International -Level Athletes.
For example, if the criteria include participa tion in certain International Events, then the International Federation must publish a list of those International Events.]
Appendix: Definitions A65 made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.
National Event : A sport Event or Competition involving International - or National -Level Athletes that is not an Interna tional Event .
National Federation /Member National Association (MNA ): A national or regional entity which is a member of or is recognized by WT as the entity governing WT's sport in that nation or region.
National -Level Athlete : Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization , consistent with the International Standard for Testing and Investigations.
National Olympic Committee : The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti -dopin g area.
No Fault or Negligence : The Athlete or other Person 's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti -doping rule .
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system .
No Significant Fault or Negligence : The Athlete or other Person 's establishing that any Fault or Negligence , when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence , was not significant in relationship to the anti -doping rule violation.
Except in the case of a Protected Person or Recreational Athlete , for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.
Operational Independence : This means that (1) board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision -making process without interference from the Anti-Doping Organization or any third party.
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition : Any period which is not In-Competition .
Participan t: Any Athlete or Athlete Support Person .
Person : A natural Person or an organization or other entity.
Possession : The actual, physical Possession , or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control ove r the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti -doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti -doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization .
Notwithstanding anything to the contrary in this definition, the purchase (includ ing by any electronic or other Appendix: Definitions A66 means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.80 Prohibited List : The list identifying the Prohibited Substances and Prohibited Methods .
Prohibited Method : Any method so described on the Prohibited List .
Prohibited Substance : Any substance, or class of substances, so described on the Prohibited List .
Protected Person : An Athlete or other natural Person who at the time of the anti -doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.81 Provisional Hearing : For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.82 Provisional Suspension : See Consequences of Anti -Doping Rule Violations above.
Publicly Disclose : See Consequences of Anti -Doping Rule Violations above.
Recreational Athlete : A natural Person who is so defined by the relevant National Anti -Doping Organization ; provided, however, the term shall not include any Person who, within the five (5) years prior to committing any anti -doping rule violation, has been an International -Level Athlete (as defined by each International Federation consistent with the Internati onal Standard for Testing and Investigations) or National -Level Athlete (as defined by each National Anti -Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti -Doping Organization .83 Regional Anti -Doping Organization : A regional entity designated by member countries to coordinate and manage delegated areas of their national anti -doping programs, which may include the adoption and implementation of anti -doping rules, the planning and collection of Samples , the management of results, the review of TUEs , the conduct of hearings, and the conduct of Educational programs at a regional level.
Registered Testing Pool : The pool of highest -priority Athletes established separately at the international level by International Federations and at the national level by National Anti -Doping Organizations , who are 80 [Comment to Possession : Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless t he Athlete establishes that someone else used the car; in that event, WT must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them.
Similarl y, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, WT must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control o ver them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does no t arrive, is received by someone else, or is sent to a third party address.]
81 [Comment to Protected Person: The Code treats Protected Persons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may n ot possess th e mental capacity to understand and appreciate the prohibitions against conduct contained in the Code.
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The te rm “open category ” is meant to exclude competition that is limited to junior or age group categories.]
82 [Comment to Provisional Hearing : A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Pro visional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.]
83 [Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age g roup categories.]
Appendix: Definitions A67 subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti -Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.
5 and the International Standard for Testing and Investigations .
Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management , or in certain cases (e.g., Atypical Finding , Athlete Biological Passport , whereabouts failure), such pre -notification steps expressly provided for in Article 5 of the International Standard for Results Management , through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on app eal (if an appeal was lodged).
Sample or Specimen : Any biological material collected for the purposes of Doping Control .84 Signatories : Those entities accepting the Code and agreeing to implement the Code , as provided in Article 23 of the Code .
Specified Method: See Article 4.2.2.
Specified Substance : See Article 4.2.2.
Strict Liability : The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault , Negligence , or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti -doping rule violation.
Substance of Abuse : See Article 4.2.3.
Substantial Assistance : For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or reco rded interview all information he or she possesses in relation to anti -doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that informati on, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel.
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is i nitiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.
Tampering : Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods .
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample , affecting or making impossible the analysis of a Sample , falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences , and any other similar intentional interference or Attempted interference with any aspect of Doping Control .85 Target Testing : Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Team Sport : A sport in which the substitution of players is permitted during a Competition .
84 [Comment to Sample or Specimen : It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.
It has been determined that there is no basis for any such claim.]
85 [Comment to Tampering : For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process.
Tampering includes misconduct which occurs during the Results Management process .
See Article 10.9.3.3.
However, actions taken as part of a Person's legitimate defense to an anti -doping rule violation charge shall not be considered Tampering.
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.]
Appendix: Definitions A68 Technical Document : A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti -doping topics as set forth in an International Standard .
Testing : The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in order to locate and Test the Athlete Out-of-Competition .
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to Use a Prohibited Substance or Prohibited Method , but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.
Trafficking : Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Su bstance or Prohibited Method (either physically or by any electronic or other means) by an Athlete , Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition sh all not include the actions of bona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
UNESCO Convention : The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the Int ernational Convention against Doping in Sport.
Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method .
WADA : The World Anti -Doping Agency.
Without Prejudice Agreeme nt: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time -limited setting with the understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular s etting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results Management proceeding under the Code , and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code .
Such an agreement shall not preclude the Anti-Doping Organization , Athlete or other Person from using any information or evidence gathered from any source other than during the specific time -limited setting described in the agreement.