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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 Perso n 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 ... |
10.6.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1 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 mus... |
It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. |
The sanction reduction based on No Significant Fault or Negligence has rarely been appl ied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. |
In assessing whether the Athlete ca n establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the ... |
This Article should not be extended bey ond 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 ri sk of an anti -doping rule violation, typically there would be No Fault or Negligence under Article 10.5.] |
FIH 2021 Anti -Doping Rules Page 37 of 76 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 provided in Article 10. |
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... |
After an appellate decision under Article 13 or the expiration of time to appeal, FIH may only suspend a part of the otherwise applicable Consequences with the approval of WADA . |
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 violation (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 alr... |
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.] |
FIH 2021 Anti -Doping Rules Page 38 of 76 The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti -doping rule violation committed by the Athlete or other Person and the significance o f the Substantial Assistance provided by the Athlete o... |
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 Article 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 , FIH 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, FIH shall reinstate the original Consequences . |
If FIH 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 requ est of FIH 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, WADA... |
In exceptional circumstances, WADA may agree to suspensions o f 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 fine... |
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 10.7.1.2 may not be appealed. |
FIH 2021 Anti -Doping Rules Page 39 of 76 10.7.1.3 If FIH 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 unique circumstances where WADA determines that it would be in the best interest of anti -doping, WADA may authorize FIH to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistan ce agreement or the nature of Substantial Assistance being provided. |
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 susp ension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one -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 FIH of a potential anti -doping rule violation that carries an asserted period of Ineligibili... |
It is not intended 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 likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.] |
FIH 2021 Anti -Doping Rules Page 40 of 76 of Ineligibility asserted by FIH. |
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 Person... |
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 Suspensio n which was subsequent... |
The decision by WADA and FIH to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of, the period of 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 case resolution agreement under this Article, FIH shall allow the Athlete or other Person to discuss an admission of the anti -doping rule violation with it subject to a Without Prej udice Agreement .53 10.9 Multiple Violations 10.9.1 Sec... |
This resolves the case without any need for a hearing.] |
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.] |
FIH 2021 Anti -Doping Rules Page 41 of 76 doping rule violation treated as if it were a first violation , and (ii) twice the period of Ineligibility otherwise applicable to the second anti -doping rule violation treated as if it were a first violation . |
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person ’s degree of Fault with respect to the second violation. |
10.9.1.2 A third anti -doping rule violation will always result in a lifetime period of Ineligibility , except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6, or involves a violation of Article 2.4. |
In these particular cases, the period of Ineligibility shall be from eigh t (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 sh all not be considered a violation for purposes of Article 10.9 . |
10.9.3 Additional Rules for Certain Potential Multiple Violations 10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an anti-doping rule violation will only be considered a second violation if FIH can establish that the Athlete or other Person ... |
If FIH cannot establish this, the violations shall be considered together as one single first violation, and the sanction i mposed 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 Arti cle 10.10.54 54 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, FIH discovers facts involving an anti-doping rule violation that o ccurred prior... |
FIH 2021 Anti -Doping Rules Page 42 of 76 10.9.3.2 If FIH establishes that an Athlete or other Person committed an additional anti -doping rule violation prior to notification, and that the additional violation occurred twelve ( 12) months or more before or after the first -noticed violation, then the period of... |
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 FIH establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying asserted anti -doping rule violation, the violation of Article 2.5 shall be treated as a stand -alone first violation and the period of Ineligibility for ... |
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 FIH 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 obt... |
10.12.2 The imposition of a financial sanction or the FIH's recovery of costs shall not be cons idered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti -Doping Rules. |
10.13 Commencement of Ineligibility Period Where an Athlete is already serving a period of Ineligibility for an anti -doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. |
Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed. |
10.13.1 Delays Not Attributable to the Athlet e or other Person Where there have been substantial delays in the hearing process or other aspects of Doping Control , and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person , FIH or CAS ADD if applicabl... |
56 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on FIH to take any action to collect forfeited prize money. |
If FIH 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 mo ney as agreed upon by FIH and its Athletes.] |
FIH 2021 Anti -Doping Rules Page 44 of 76 doping rule violation last occurred. |
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 ... |
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 FIH 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 ulti... |
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... |
10.13.2.4 In Team Sports , where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is wai ved, on the date Ineligibility is accepted or otherwise imp... |
Any period of team Provisional Suspension (whether imposed or voluntarily accepted) 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 vio... |
In these circumstances, the flexibility pr ovided in this Article to start the sanction at an earlier dat e should not be used.] |
58 [Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athle te and shall not be used in any way to draw an adverse inference against the Athlete.] |
FIH 2021 Anti -Doping Rules Page 45 of 76 shall be credited against the total period of Ineligibility to be served. |
10.14 Status During Ineligibility or Provisional Suspension 10.14.1 Prohibition Against Participation During Ineligibility or Provisional Suspension No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional 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 spo rt events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory , but o... |
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by FIH to provide whereabouts information.59 10.14.2 Return to Training As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other m... |
Further, an Ineligible Athlete may not compete in a non -Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc. |
), Events organized by a non -Signatory International Event orga nization or a non -Signatory national -level Event organization without triggering the Consequences set forth in Article 10.14.3. |
The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, em ployee, or volunteer of the organization described in this Article. |
Ineligibility imposed in one 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 Inelig ibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at 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 st andard accomplished during a period of Ineligibility shall not be recognized by FIH or its National Association s for any purpose.] |
FIH 2021 Anti -Doping Rules Page 46 of 76 of the Athlete’s period of Ineligibility , or (2) the last one -quarter of the period of Ineligibility imposed.60 10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension Where an Athlete or other Person who has been decl... |
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 determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility . |
This decision may be appealed under Article 13. |
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified . |
Where an Athlete Support Person or other Person assists a Person in violating the prohibiti on against participation during Ineligibility or a Provisional Suspension , FIH 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 FIH and its ... |
ARTICLE 11 CONSEQUENCES TO TEAMS 11.1 Testing of Hockey teams 60 [Comment to Article 10.14.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. |
During the t raining period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Artic le 10.14.1 other than training.] |
FIH 2021 Anti -Doping Rules Page 47 of 76 Where more than one (1) member of a hockey team in a Team Sport has been notified of an anti -doping rule violation under Article 7 in connection with an Event , the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event Period . |
11.2 Consequences for Hockey teams If more than two (2) members of a hockey team in a Team Sport are found to have committed an anti -doping rule violation during an Event Period , the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competi... |
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 FIH’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 members of that organization or body may be banned from participation in any FIH 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 10,000 Swiss Francs . |
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. |
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