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8.3.4 ITTF shall notify that deci sion to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall promptly report it into ADAMS . |
ITTF shall Publicly Disclose that decision in accordance with Article 14.3.2. |
8.4 Single Hearing Before CAS Anti-doping rule violations asserted against International -Level Athletes , National -Level Athletes or other Persons may, with the consent of the Athlete or other Person , ITTF (where it 36 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a ma... |
ITTF 2021 Anti -Doping Rules Page 26 of 61 has Results Management responsibility in acc ordance with Article 7) and WADA , be heard in a single hearing directly at CAS.37 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS An anti -doping rule violation in Individual Sports in connection with an In-Comp... |
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions .39 10.1. |
2 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified , unless the Athlete's results in Competitions other than the Competition in which the anti -doping rule violation occurred were likely... |
10.2 Ineligibility for Presence, Use or Attempted Use , or Possession of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7: 10.2.1... |
Nothing set out in Article 8.4 precludes the Athlete or other Person and ITTF (where it has Results Management responsibility) to waive their right to appeal by agreement. |
Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.] |
38 [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. |
However, Disqualification of the team will be as provided in Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqua lification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.] |
39 [Comment to Article 10.1.1: Whereas Artic le 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the E vent (e.g., the swimming World Championships).] |
40 [Comment to Article 10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti -doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely ITTF 2021 Anti -Doping Rules Page 27 of 61 10.2.1.2 Th... |
10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years. |
10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an anti -doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti -doping rule violation and ma... |
An anti -doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not “intentional ” if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competitio... |
An anti -doping rule violation resulting from an Adverse Analytical Findi ng for a substance which is only prohibited In-Competition shall not be considered “intentional ” if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a cont... |
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by ITTF . |
The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.42 10.2.4.2 If the ingestion, Use or Possession occurred In-Competition , and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sp... |
10.3 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for anti -doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10. |
6 or 10. |
7 are applicable: that in a doping case under Article 2.1 an Athlete will be successful in proving that the Athlete acted unintentionally witho ut establishing the source of the Prohibited Substance.] |
41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.] |
42 [Comment to Article 10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily complete d the program shall be made in the sole discretion of ITTF . |
This Article is intended to give ITTF the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. |
It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.] |
ITTF 2021 Anti -Doping Rules Page 28 of 61 10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in the case of failing to submit to Sample collection, if the Athlete can establish that the commission of the anti -doping rule violation was not intentio nal, t... |
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete’s degree of Fault . |
The flexibility between two (2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last -minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being a vailable for Testing . |
10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility , depending on the seriousness of the violation. |
An Article 2.7 or Article 2.8 violation invol ving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances , shall result in lifetime Ineligibility for Athlete Support Personnel . |
In additio n, significant violations of Article 2.7 or 2.8 which may also violate non -sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.43 10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) year... |
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For violations of Article 2.11, the period of Ineligibil... |
Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and o ther sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
44 [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.] |
45 [Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlet e or Other Person to Discourage or Retaliate Against Rep orting to Authorities) shall be sanctioned based on the violation that carries the more severe sanction.] |
ITTF 2021 Anti -Doping Rules Page 29 of 61 Discourage or Retaliate Against Reporting) that Aggravating Circumst ances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased by an additional p... |
All reductions under Article 10.6 .1 are mutually exclusive and not cumulative. |
10.6.1.1 Specified Substances or Specified Methods Where the anti -doping rule violation involves a Specified Substance (other than a Substance of Abuse ) or Specified Method , and the Athlete or other Person can establish No Significant Fault or Negligence , then the period of Ineligibility shall be, at a min... |
10.6.1.2 Contaminated Products In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse ) came from a Contaminated Product , then the period of Ineligibility shall be, at a minimum, a reprimand ... |
47 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti -doping rule violation has occurred. |
They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. |
Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possi bility of supplement contamination); (... |
However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Articl e 10.6 based on No Significant Fault or Ne gligence.] |
48 [Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No Significant Fault or Negligence. |
It should be further noted that Athletes are on notice that they take nutritional supplements at their o wn risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Pr oduct cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of ITTF 2021 Anti -Doping Rules Page 30 of 61 10.6.1.3 Protected Persons or Recreational Athletes Where the anti -doping rule violation not involving a Substance of Abuse ... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable that he or she bears No Significant Fault or Negligence , then, subject to further reduction or elimination as p... |
7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Perso n’s degree of Fault , but the reduced period of Ineligibility may not be less than on e-half of the period of Ineligibility otherwise applicable. |
If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.49 10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other Consequences for Reasons Other than Fault 10.7.1 Substantial Assistance in Discovering or... |
This Article should not be extended beyond products that have gone through some process of manufacturing. |
Where an Adverse Analytical Finding results from environment contamination of a “non -product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti -doping r ule violation, typically there would be No Fault or Negligence under Article 10.5.] |
49 [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti -doping rule violation except those Articles where intent is an element of the anti -doping rule vio lation (e.g., Article 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is al... |
50 [Comment to Article 10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti -doping rule violations to light is important to clean sport.] |
ITTF 2021 Anti -Doping Rules Page 31 of 61 offense or the breach of professional or sport rules arising out of a sport integrity violation other than doping . |
After an appellate decision under Article 13 or the expiration of time to appeal, ITTF may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -dopin g rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate dopi... |
No more than three -quarters of the otherwise applicable period of Ineligibility may be suspended. |
If the otherwise applicable period of Ineligibility is a lifetime, the non -suspended period under this Article must be no less than eight (8) years. |
For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Artic le 10.9.3.2 of the se Anti -Doping Rules . |
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance , ITTF shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement . |
If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of Consequences was based, ITTF shall reinstate the original Consequences . |
If ITTF decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences , that decision may be appealed by any Person entitled to appeal under Article 13. |
10.7.1.2 To further encourage Athlete s and other Person s to provide Substantial Assistance to Anti-Doping Organization s, at the request of ITTF or at the request of the Athlete or other Person who has , or has been asserted to have , committed an anti -doping rule violation, or other violation of the Code , WA... |
In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility , no mandatory Public Disclosure and/or no return of prize money or payment of fines... |
WADA ’s approval shall be subject to reinstatement of Consequences , as otherwise provided in this Article. |
Notwithstanding Article 13, WADA ’s decisions in the context of this Article 1 0.7.1.2 may not be appealed. |
10.7.1.3 If ITTF suspends any part of an otherwise applicable sanction because of Substantial Assistance , then notice providing justification for the decision shall be provided to the other Anti-Doping Organizations with a right to appeal under Article 13.2.3 as provided in Article 14.2. |
In unique circumstances where WADA determines that it would be in the best interest of anti -doping, WADA may authorize ITTF to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial ITTF 2021 Anti -Doping Rules Page 32 of 61 Assistance agreement or the nature of... |
10.7.2 Admission of an Anti -Doping Rule Violation in the Absence of Other Evidence Where an Athlete or other Person voluntarily admits the commission of an anti -doping rule violation before having received notice of a Sample collection which could establish an anti -doping rule violation (or, in the case of an ... |
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 ITTF of a potential anti -doping rule violation that carries an asserted period of Ineligibi... |
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... |
It is not intende d to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. |
The amount by which Ineligibility is reduced should be based on the likeliho od that the Athlete or other Person would have be en caught had he or she not come forward voluntarily.] |
52 [Comment to Article 10.8.1: For example, if ITTF 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 an... |
This resolves the case without any need for a hearing.] |
ITTF 2021 Anti -Doping Rules Page 33 of 61 the date on which another anti -doping rule violation last occurred. |
In each case, however, 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... |
The decision by WADA and ITTF to enter or not enter into a case resolution agreement, and the amount of t he reduction to, and the starting date of, the period of Ineligibility are not matters for determination or review by a hearing body and are not subject to appeal under Article 13. |
If so requested by an Athlete or other Person who seeks to enter into a c ase resolution agreement under this Article, ITTF shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prejudice Agreement .53 10.9 Multiple Violations 10.9.1 S... |
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 violation for purposes of this Article 10.9. |
In addition, an anti -doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9 . |
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.] |
ITTF 2021 Anti -Doping Rules Page 34 of 61 10.9.3 Additional Rules for Certain Pot ential 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 ITTF ... |
If ITTF canno t 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 ITTF establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurre... |
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 ITTF establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Cont rol 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 fo... |
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 ITTF establishes that a Person has committed a second or third anti-doping rule violation during a period of Ineligibility , the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. |
10.9.4 Multiple Anti-Doping Rule Violations during Te n (10) Year Period For purposes of Article 10.9, each anti -doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations. |
10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti -Doping Rule Violation In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete ob... |
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