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If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample or data , it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. |
After analysis and any investigation of a seized Sample or data , WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti -doping rule violation is discovered.32 32 [Comment to Article 6.8: Resis... |
Where necessary, the laboratory and/or the Anti-Doping Organization shall as sist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country. |
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potenti al anti-doping rule violat ion, non -compliance by a Signatory or doping activities by another Person. |
However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. |
In particular, whether there is good cause or not shall not be a defense against an anti -doping rule violation or its Consequences. ] |
FIH 2021 Anti -Doping Rules Page 26 of 76 ARTICLE 7 RESULTS MANAGEMENT : RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS Results Management under these Anti -Doping Rules establishes a process designed to resolve anti-doping rule violation matters in a fair, expeditious and efficient manner. |
7.1 Responsibility for Conducting Results Management 7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated and directed Sample collection (or,... |
7.1.2 In circumstances where the rules o f a National Anti -Doping Organization do not give the National Anti -Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of that country, or the National Anti -Dopin g Organization... |
7.1.3 In the event the Major Event Organization assumes only limited Results Management responsibility relating to a Sample initiated and taken during an Event conducted by a Major Even t Organization , or an anti-doping rule violation occurring during such Event , the case shall be referred by the Major Event Org... |
7.1.4 Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by FIH or the National Anti -Doping Organization with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management . |
If FIH determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS , where it will be made available to other relevant Anti-Doping Organizations . |
7.1.5 Other circumstances in which FIH shall take responsibility for conducting Results Management in respect of anti -doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code. |
7.1.6 WADA may direct FIH to conduct Results Management in particular circumstances . |
If FIH refuses to conduct Results Management within a reasonable deadline set by WADA , such refusal shall be considered an act of non -compliance, and WADA may direct another Anti-Doping FIH 2021 Anti -Doping Rules Page 27 of 76 Organization with authority over the Athlete or other Person , that is willing to do... |
In such case, FIH shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non -compliance . |
7.2 Review and Notification Regarding Potential Anti -Doping Rule Violations FIH shall carry out the review and notification with respect to any potential anti -doping rule violation in accordance with the International Standard for Results Management . |
7.3 Identification of Prior Anti -Doping Rule Violations Before giving an Athlete or other Person notice of a potential anti -doping rule violation as provided above, FIH shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti -doping rule violation... |
7.4 Provisional Suspensions 33 7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding If FIH receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Pr... |
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to FIH that the violation is likely to have involved a Contaminated Product , or (ii) the vi olation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1. |
FIH’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable. |
7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances , Specified Methods, Contaminated Products , or Other Anti -Doping Rule Violations 33 [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by FIH, the internal review specified in ... |
FIH 2021 Anti -Doping Rules Page 28 of 76 FIH may impose a Provisional Suspension for anti-doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8 . |
An optional Provisional Suspension may be lifted at the discretion of FIH at any time prior to FIH’s decision under Article 8, unless provided otherwise in the International Standard for Results Management . |
7.4.3 Opportunity for Hearing or Appeal Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (a) an opportunity for a Provisional Hearing , either before or on a timely basis after the imposition of the Provisional Suspension ; or (b)... |
The imposition of a Provisional Suspension , or the decision not to impose a Provisional Suspension , may be appealed in an expedited process in accordance with Article 13.2. |
7.4.4 Voluntary Acceptance of Provisional Suspension Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of: (i) the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample ) or ten (10) days from the notice of any other ant... |
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) days from the notice of the anti -doping rule violation. |
Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension , the Athlete or other Person m... |
7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if re quested by the Athlete or FIH) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article... |
In circumstances where the Athlete or the Athlete's team has been removed from an Event based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then, if it is still possible for FIH 2021 Anti -Doping Rules Page 29 of 76 the Athlete or team to be reinsert... |
7.5 Results Management Decisions Results Management decisions or adjudications by FIH must not purport to be limited to a particular geographic area or the FIH’s sport and shall address and determine without limitation the following issues: (i) whether an anti -doping rule violation was committed or a Provisional ... |
7.7 Retirement from Sport35 If an Athlete or other Person retires while the FIH’s Results Management process is underway , FIH retains authority to complete its Results Management process. |
If an Athlete or other Person retires before any Results Management process has begun, and FIH would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti -doping rule violation, FIH has authority to conduct Results Management . |
ARTICLE 8 RESULTS MANAGEMENT : RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION For any Person who is asserted to have committed an anti -doping rule violation, FIH shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code... |
34 [Comment to Article 7.5: Results Management decisions include Provisional Suspensions. |
Each decision by FIH should address whether an anti -doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body f or an Event). |
Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. |
For example, for a determination that an Athlete committed an anti -doping rule violation based on an Adverse Analytical Finding for a Sample taken In -Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the... |
35 [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authorit y of any Anti -Doping Organization would not constitute an anti -doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organiza... |
FIH 2021 Anti -Doping Rules Page 30 of 76 8.1 Fair Hearings 8.1.1 Fair, Impartial and Operationally Independent Hearing Panel FIH has delegated its Article 8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti -Doping Division (CAS ADD). |
Th e procedural rules of CAS ADD pertaining to the hearing of first instance shall apply. |
CAS ADD will always ensure that the Athlete or other Person is provided with a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management . |
8.1.2 Hearing Process 8.1.2.1 When FIH sends a notice to an Athlete or other Person notifying them of a potential anti -doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to CAS ADD for hearing and adj... |
8.1.2.2 Hearings held in connection with Event s in respect to Athletes and other Persons who are subjec t to these Anti -Doping Rules may be conducted by an expedited process where permitted by CAS ADD.36 8.1.2.3 WADA, the National Federation and the National Anti -Doping Organization of the Athlete or other P... |
In any event, FIH shall keep them fully apprised as to the status of pending cases and the result of all hearings. |
8.2 Notice of Decisions 8.2.1 At the end of the hearing, or promptly thereafter, CAS ADD shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification ... |
8.2.2 FIH shall notify that decision 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 . |
The decision may be appealed as provided in Article 13. |
36 [Comment to Article 8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete 's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of ... |
FIH 2021 Anti -Doping Rules Page 31 of 76 8.3 Waiver of Hearing 8.3.1 An Athlete or other Person against whom an anti -doping violation is asserted may waive a hearing expressly and agree with the Consequences proposed by FIH. |
8.3.2 However, if the Athlete or other Person against whom an anti -doping rule violation is asserted fails to dispute that assertion within twenty (20) days or the deadline otherwise specified in the notice sent by the FIH asserting the violation, then they shall be deemed to have waived a hearing, to have admitted... |
8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before CAS ADD shall not be required. |
Instead FIH shall promptly issue a written decision that conforms with Arti cle 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for... |
8.3.4 FIH shall notify that decision 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 . |
FIH 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 , FIH (where it has Results Management responsibility in accordance with Article 7) and WADA , be heard in a sin... |
Where all of the parties iden tified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need for the Athlete or Anti -Doping Organizations to incur the extra expense of two (2) hearings . |
An Anti -Doping Organization may participate in the CAS hearing as an observer . |
Nothing set out in Article 8.4 precludes the Athlete or other Person and FIH (where it has Results Management responsibility ) to waive their right to appeal by agreement. |
Such waiver, however, only binds the p arties 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, Disqualifica tion of the team will be as provided i n Article 11. |
In sports which are not Team Sports but where awards are given to teams, Disqualification 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.] |
FIH 2021 Anti -Doping Rules Page 32 of 76 ARTICLE 10 SANCTIONS ON INDIVIDUALS 10.1 Disqualification of Results in the Event during which an Anti -Doping Rule Violation Occurs 10.1.1 An anti -doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of t... |
2. |
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 suspe nsion pursuant to Article 10.5, 10.6 or 10.7: 10.2.... |
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. |
39 [Comment to Article 10.1.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested pos itive (e.g., the 100 meter backstroke), this Article may lead to Disqualific ation of all results in all races during the Event (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 inten tional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in a doping case under Article 2.1 an Athlete will be s... |
FIH 2021 Anti -Doping Rules Page 33 of 76 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 ... |
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-Competition... |
An anti -doping rule violation resulting from an Adverse Analytical Finding 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 conte... |
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 FIH. |
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 spo... |
41 [Comment to Article 10.2.3: Article 10.2.3 provides a special definition of “intentional” which is to be applied solely for p urposes 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 completed the program shall be made in the sole discretion of FIH. |
This Article is intended to give FIH 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 ov er time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. ] |
FIH 2021 Anti -Doping Rules Page 34 of 76 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: 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 c ase of failing to submit to Sample collection, if the Athlete can establish that the commission of the anti -doping rule violation was not intentional, the period of Ineligibilit... |
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 sus picion that the Athlete was trying to avoid being available 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 viola tion. |
An Article 2.7 or Article 2.8 violation involving 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 addition, 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) years... |
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, 43 [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions wh ich are more severe than the Athletes... |
Since the authority of sport organizations is generally limited to Ineligibi lity for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.] |
FIH 2021 Anti -Doping Rules Page 35 of 76 depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.44 10.3.6 For viol ations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility , depending on the seriousness of t... |
45 [Comment to Article 10.3.6: Con duct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities ) shall be sanctioned based on the violation that carries the more severe sanction.] |
46 [Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attemp ted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discour age or Retaliate Against Reporting to the Authorities ) are not include... |
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. |
Co nversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vi tamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been wa rned against the possibility 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 Article 10.6 based on No S ignificant Fault or Negligence. ] |
FIH 2021 Anti -Doping Rules Page 36 of 76 10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6. |
All reductions under Article 10.6 .1 are mutually exclusive and not cumulative. |
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