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ITTF 2021 Anti -Doping Rules Page 35 of 61 other anti -doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and pr... |
Dollars , etc. |
], 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 ITTF '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 serve d. Otherwise, except as provided below, the period... |
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 , ITTF or CAS ADD , if applic... |
All competitive results achieved during the period of Ineligibility , including retroactive Ineligibility , shall be Disqualified .57 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 ... |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on ITTF to take any action to collect forfeited prize money. |
If ITTF 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 ITTF 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 where the Athlete or other Person has taken affirmat... |
In these circumstances, the flexibi lity provided in this Article to start the sanction at an earlier date should not be used.] |
ITTF 2021 Anti -Doping Rules Page 36 of 61 Ineligibility which may ultimately be imposed. |
If the Athlete or other Person does not respect a Provisional Suspension , then the Athlete or othe r 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 Inelig ibility 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 ITTF 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 ul... |
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 be... |
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 Sus... |
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 on... |
An Athlete or other Person subject to a period of Ineligib ility shall remain subject to Testing and any requirement by ITTF to provide whereabouts information.59 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... |
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 Member Association or a club which is a member of that Member Association 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, et c.), Events organized by a non -Signatory International Event organization or a non -Signatory national -level Event organization without triggering the Conse... |
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 appeale d 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 . |
Where an Athlete Support Person or other Person assists a Person in violating the prohibiti on against participation during Ineligibility or a Provisional Suspension , ITTF 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 ITTF and its... |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Teams Where one (1) member of a team or Doubles P air (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 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 o ne 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 a t 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 ITTF or its Member Associations for any purpose.] |
60 [Comment to Article 10.14.2: In many Team Sports and some individua l 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. |
Durin g the training period described in this Article, an Ineligible Athlete may no t compete or engage in any activity described in Article 10.14.1 other than training.] |
ITTF 2021 Anti -Doping Rules Page 38 of 61 the Event shall conduct appropriate Target Testing of all members of the team during the Event Period . |
11.2 Consequences for Teams 11.2.1 An anti -doping rule violation committed by a member of a team or Doubles Pair 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 or Doubles P... |
11.2.2 An anti -doping rule violation committed by a member of a team or Doubles Pair occurring during or in connection with an Event may lead to Disqualification of all of the results obtained by the team or Doubles P air in that Event with all Consequences for the team or Doubles P air and its members, includin... |
11.2.3 Where an Athlete who is a member of a team or Doubles P air 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 or Doubles P air establish(es) that he or she/they bear(s) No Fault or Negligence for that violation, the res... |
ARTICLE 12 SANCTIONS BY ITTF AGAINST OTHER SPORTING BODIES When ITTF becomes aware that a Member Association 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, ITTF has... |
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 ITTF’s activities, and/or fine that organization or body based on the following: 12.2.1 Four (4) or more violations of these Anti -Doping Rules (other than violat... |
In such event: (a) all or some group of memb ers of that organization or body may be banned from participation in any ITTF 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 fifty thousand ( 50,000.00) 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 suspend ed 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 twenty thousand (20,000.00) U.S. |
Dollars . |
ITTF 2021 Anti -Doping Rules Page 39 of 61 12.2.4 That organization or body has failed to make diligent efforts to keep ITTF informed about an Athlete's whereabouts after receiving a request for that information from ITTF . |
In such event , that organization or body may be fined in an amount up to five thousand (5,000.00) U.S. Dolla rs per Athlete , in addition to reimbursement of all of the ITTF 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 ITTF 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 : 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 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 rai sed in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.62 13.1.2 CAS Shall Not Defer to the Findings Being ... |
Anti -dopin g 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 wit h a right to appeal under Article 13 does not include Athletes, or their federations, who might benefit from having another competitor Disqualified.] |
62 [Comment to Article 13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. |
For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct c ould 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 wei ght in the hearing before CAS.] |
64 [Comment to Article 13.1.3: Where a decision has been rendered before the final stage of ITTF ’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of ITTF ’s process (e.g. |
, the Managing Board), then WADA may bypass the remaining steps in ITTF ’s internal process and appeal directly to CAS.] |
ITTF 2021 Anti -Doping Rules Page 40 of 61 13.2 Appeals from Decisions Regarding Anti -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 Consequ... |
6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code ; a decision by ITTF 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 accordan... |
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 c... |
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 par... |
ITTF 2021 Anti -Doping Rules Page 41 of 61 affecting eligib ility for the Olympic Games or Paralympic Games; and (f) WADA . |
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 national -level appeal 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 oth... |
For cases under Article 13.2.2, WADA , the International Olympic Committee, the International Paralympic Committee, and ITTF shall also have the right to appeal to CAS with respect to the decision of the n ational -level appeal body. |
Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs. |
13.2.3.3 Duty to Notify All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appea l. 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 ITTF pursuant to Article 12 may be appealed exclusively to CAS by the Member Association 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 lates t with the party’s answer.66 13.3 Failure to Render a Timely Decision by ITTF Where, in a particular case, ITTF fails to render a decision with respect to whether an anti -doping rule violation was co... |
If the CAS hearing panel determines that an anti -doping rule violation was committed 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 Athle te’s time for appeal... |
This provision permits a full hearing for all parties.] |
ITTF 2021 Anti -Doping Rules Page 42 of 61 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 ITTF .67 13.4 Appeals Relating to TUEs TUE decisions may be appealed exclusively as provided in Article 4.... |
13.5 Notification of Appeal Decisions ITTF shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2. |
13.6 Time for Filing Appeals68 13.6.1 Appeals to CAS The time to file an appeal to CAS shall be twenty -one (21) days from the date of receipt of the decision by the appealing party. |
The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal, but which was not a party to the proceedings that led to the decision being appealed: (a) Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a c... |
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed , or (b) Twenty -one (21) days after WADA’s receip t of the complete file relating to the decision. |
13.6.2 Appeals Under Article 13.2.2 The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti -Doping Organization shall be indicated by the same rules of the National Anti -Doping Organization . |
The above notwithstanding, the fil ing deadline for an appeal filed by WADA shall be the later of: (a) Twenty -one (21) days after the last day on which any other party having a right to appeal could have appealed, or 67 [Comment to Article 13.3: Given the different circumstances of each anti -doping rule viola... |
Before taking such action, however, WADA will consult with ITTF and give ITTF an opportunity to explain why it has not yet rendered a decision.] |
68 [Comment to Article 13.6: Whether governed by CAS rules or these Anti -Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. |
For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.] |
ITTF 2021 Anti -Doping Rules Page 43 of 61 (b) Twenty -one (21) days after WADA’s receipt of the complete file relating to the decision. |
ARTICLE 14 CONFIDENTIALITY AND REPORTING 14.1 Information Concerning Adverse Analytical Findings , Atypical Findings , and Other Asserted Anti -Doping Rule Violations 14.1.1 Notice of Anti -Doping Rule Violations to Athletes and other Persons Notice to Athletes or other Persons of anti -doping rule violations... |
If at any point during Results Management up until the anti -doping rule violation charge, ITTF decides not to move forward with a matter, it must notify the Athlete or other Person , (provided that the Athlete or other Person had been already informed of the ongoing Results Management ). |
Notice shall be delivered or emailed to Athletes or other Persons . |
Athletes and other Persons shall be deemed to be validly notified if any notifications or notices under these Anti-Doping Rul es are delivered to their Member Association . |
It shall be the responsibility of the Member Association to notify the Athlete or other Person. |
If the notification takes place via a Member Association , the Member Association shall confirm to the ITTF that they have delivered the notification to the Athlete or other Person . |
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