8.1 Hearings following NADA's Result Management
8.1.1 The Chairman/Vice Chairman of the Governing body of NADA shall appoint an independent Anti-Doping Disciplinary Panel which will comprise of the following:
(a) a Chair and four Vice-Chairs, each of whom shall be legal practitioners of not less than five years standing,
(b) five medical practitioners of not less than five years standing; and
(c) five additional members, each of whom shall be, or has previously been, a sports administrator or an Athlete,
All of whom will be appointed on the basis that they are in a position to hear the cases fairly and impartially.
8.1.2 Each panel member shall serve a term of two years.
8.1.3 If a panel member dies or resigns, or a conflict of interest with their affiliation or demonstrated behavior/actions against the principles and rules of the Code is established, the Chairman/Vice Chairman of Governing body of NADA may appoint an independent panel member to fill the resultant vacancy. The person appointed shall be so appointed for the remainder of the term of the member who occasioned the vacancy.
8.1.4 A panel member may be re-appointed by the Chairman/Vice Chairman of Governing body of NADA.
8.2 Jurisdiction of the Anti-Doping Disciplinary Panel
8.2.1 When NADA sends a notice to an Athlete or other Person asserting an anti-doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 7.10.1 or Article 7.10.2, then the case shall be referred to the Anti-Doping Disciplinary Panel for hearing and adjudication.
8.2.2 The Anti-Doping Disciplinary Panel has the power to hear and determine all issues arising from any matter which is referred to it pursuant to these anti-doping rules. In particular, the anti-doping disciplinary panel has the power to determine the Consequences of anti-doping rule violations to be imposed pursuant to these Anti-Doping Rules.
8.2.3 The Anti-Doping Disciplinary Panel shall be fair and impartial in the performance of its function.
8.2.4 The Anti-Doping Disciplinary Panel has all powers necessary for and incidental to the exercise of its function.
8.2.5 The Chair of the Anti-Doping Disciplinary Panel, or in his or her absence, a vice Chair, shall appoint three (3) members from the panel to hear and determine each case. Each such hearing panel shall comprise Chair or a vice Chair as Chair of the hearing Panel, one medial practitioner member and one sports administrator or Athlete member.
If a member appointed by the Chair to hear a case is unwilling or unable, for whatever reason, to hear the case, the Chair may appoint a replacement or appoint a new hearing panel (e.g., from a pre-established pool of candidates).
8.2.6 The appointed members shall have had no prior involvement with the case. Each member, upon appointment, shall disclose to the Chair any circumstances likely to affect impartiality with respect to any of the parties.
8.2.7 The Anti-Doping Disciplinary Panel shall have the power, at its absolute discretion, to appoint an expert to assist or advice the panel as required by the panel.
8.2.8 The International Federation, and or the National Sports Federation concerned, if not a party to the proceedings, the Indian Olympic Association, if not a party to the proceedings, and WADA shall each have the right to attend the hearings of the anti-doping disciplinary panel as an observer. In any event, NADA shall keep WADA fully apprised as to the status of pending cases and the result of all hearings.
8.3 Proceedings of the Anti-Doping Disciplinary Panel
8.3.1 Subject to the provisions of these Anti-Doping Rules, the Anti-Doping Disciplinary Panel and its hearing panels shall have the power to regulate their procedures.
8.3.2 An Athlete or other Person may forego a hearing under Article 7.10.1 by waiving the right to a hearing in writing and acknowledging the violations of these Anti-Doping Rules and accepting the Consequences consistent with Code Article 9 (Automatic Disqualification of Individual Results) and Code Article 10 (Sanctions on Individuals) as notified by NADA.
8.3.3 An Athlete or Person against whom the case is brought has the right to respond to the asserted anti-doping rule violation and resulting Consequences.
8.3.4 A failure by any party or their representative to dispute the assertion of an anti-doping rule violation as per Article 7.10.2 will be deemed to be an abandonment of their right to a hearing. The right may be reinstated on reasonable grounds.
8.3.5 Each party shall have the right to be represented at a hearing, at the party's own expense.
8.3.6 Unless otherwise agreed between the parties, the Anti-Doping Disciplinary Panel shall provide a single hearing to the Athlete or Person against whom the case is brought.
8.3.7 The Athlete may submit their written submissions with all documents they are relying in support of his/her case before the Anti-Doping Disciplinary Panel within 20 days from the date of receipt of the notice for the constitution of Panel. The same may be supplied in advance in five (5) copies to the office of Anti-Doping Disciplinary Panel. NADA may also file response to the submissions made by the Athlete within 20 days after receiving the Reply of the Athlete.
8.3.8 The parties will get an opportunity of a single hearing before the hearing panel. However the hearing panel, at its discretion, may grant adjournments, subject to the condition that the party seeking adjournment would have to bear the cost of the hearing viz. sitting fee and travel expense of the Chairman and Members.
8.3.9 Hearings pursuant to this Article should be completed expeditiously and in all cases within three (3) months of the completion of the result management process described in Article 7 (Result Management), save where exceptional circumstances apply.
8.3.10 Hearing of the Anti-Doping Disciplinary Panel shall be open to the public, unless the anti-doping disciplinary panel determines that there are special circumstances warranting otherwise.
8.3.11 NADA shall present the case against the person before the anti-doping disciplinary panel and, where requested by NADA, the National Sports Federation of the Person concerned shall assist NADA.
8.3.12 Each party shall have the right to be represented at a hearing, at that party's own expense.
8.3.13 Every party shall have the right to an interpreter at the hearing at their own cost, if deems necessary by the hearing panel. The hearing panel shall determine the identity and responsibility for the cost of any interpreter.
8.3.14 Each party to the proceedings has the right to present the evidence, including the right to call and question witnesses (subject to the hearing panel's discretion to accept the video conferencing written statement or submissions, whether by fax, email or other means).
8.3.15 Any failure by the Person concerned to comply with any requirements or directions of the hearing panel shall not prevent the hearing panel from proceeding and such failure may be taken into consideration by the hearing panel when making its decisions.
8.3.16 Hearings may be recorded and the NADA shall own and retain any recording.
8.3.17 The Anti-Doping Disciplinary Panel shall act in a fair and impartial manner towards all parties at all times.
[Comment to Article 8.3.8: 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 the Athlete's results or continued participation in the Event.]
8.4 Hearing before the Anti-Doping Disciplinary Panel
1. The anti-doping disciplinary panel shall:
(a) commence the hearing within 45 days of the constitution of the Anti-Doping Disciplinary Panel.
(b) issue a written decision with its reasoning within 90 days of the constitution of the Anti-Doping Disciplinary Panel.
8.5 Decisions of the Anti-Doping Disciplinary Panel
8.5.1 At the end of the hearing, or on a timely basis thereafter, the Anti-Doping Disciplinary Panel shall issue a written, dated and signed decision (either unanimously or by majority) that includes the full reasons for the decision and for any period of Ineligibility imposed, including (if applicable) a justification for why the greatest potential Consequences were not imposed.
8.5.2 Any minority or any dissenting decisions shall be noted in the written reasons. In the event of a majority decisions, this shall be decisions of the hearing panel.
8.5.3 The decision shall be provided by ADDP to the Athlete or other Person, NADA, to his/her National Federations (and to the national Olympic Committee and National Sports Federations, if not a party to the proceedings), WADA and to Anti-Doping Organizations with a right to appeal under Article 13.2.3.
8.5.4 The decision may be appealed as provided in Article 13. If no appeal is brought against the decision, then
(a) if the decision is that an anti-doping rule violation was committed, the decision shall be Publicly Disclosed as provided in Article 14.3.2; but
(b) if the decision is that no anti-doping rule violation was committed, then the decision shall only be Publicly Disclosed with the consent of the Athlete or other Person who is the subject of the decision. NADA shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. The principles contained at Article 14.3.6 shall be applied in cases involving a Minor.
8.5 Single Hearing Before CAS. Cases asserting anti-doping rule violations against International-Level Athletes in whom NADA is not the Result Management Authority may be heard directly at CAS, with no requirement for a prior hearing, with the consent of the Athlete, NADA, WADA, and any other Anti-Doping Organization that would have had a right to appeal a first instance hearing decision to CAS.
[Comment to Article 8.4: Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need to incur the extra expense of two hearings. An Anti-Doping Organization that wants to participate in the CAS hearing as a party or as an observer may condition its approval of a single hearing on being granted that right.]
Article 9
AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
An anti-doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes.
[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, 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.]
Article 10
SANCTIONS ON INDIVIDUALS
10.1 Disqualification of Results in the Event during which an Anti-Doping Rule Violation Occurs. An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event, lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1.
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.
[Comment to Article 10.1: Whereas Article 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 Event (e.g., the FINA World Championships).]
10.1.1 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 to have been affected by the Athlete's anti-doping rule violation.
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 Articles 2.1, 2.2 or 2.6 shall be as follows, subject to potential reduction or suspension pursuant to Articles 10.4, 10.5 or 10.6:
10.2.1 The period of Ineligibility shall be four years where:
10.2.1.1 The anti-doping rule violation does not involve a Specified Substance, unless the Athlete or other Person can establish that the anti-doping rule violation was not intentional.
10.2.1.2 The anti-doping rule violation involves a Specified Substance and NADA can establish that the anti-doping rule violation was intentional.
10.2.2 If Article 10.2.1 does not apply, the period of Ineligibility shall be two years.
10.2.3 As used in Articles 10.2 and 10.3, the term intentional is meant to identify those Athletes who cheat. The term, therefore, requires that the Athlete or other Person engaged in conduct which he or she 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 manifestly disregarded that risk. 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 context unrelated to sport performance.
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 Articles 10.5 or 10.6 are applicable:
10.3.1 For violations of Article 2.3 or Article 2.5, the period of Ineligibility shall be four years unless, in the case of failing to submit to Sample collection, the Athlete can establish that the commission of the anti-doping rule violation was not intentional (as defined in Article 10.2.3), in which case the period of Ineligibility shall be two years.
10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athlete's degree of Fault. The flexibility between two years and one 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 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 years up to lifetime Ineligibility, depending on the seriousness of the violation. An Article 2.7 or Article 2.8 violation involving a Minor 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.
[Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than the Athletes who test positive. Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.]
10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two years, up to four years, depending on the seriousness of the violation.
10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athlete or other Person's degree of Fault and other circumstances of the case.
[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.]
10.4 Elimination of the Period of Ineligibility where there is No Fault or Negligence. If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.
[Comment to Article 10.4: This Article and Article 10.5.2 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 2.1.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete's personal physician or trainer without disclosure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete's food or drink by a spouse, coach or other Person within the Athlete's circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.5 based on No Significant Fault or Negligence.]
10.5 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence
10.5.1 Reduction of Sanctions for Specified Substances or Contaminated Products for Violations of Article 2.1, 2.2 or 2.6.
10.5.1.1 Specified Substances. Where the anti-doping rule violation involves a Specified Substance, and the Athlete or other Person can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two years of Ineligibility, depending on the Athlete's or other Person's degree of Fault.
10.5.1.2 Contaminated Products. In cases where the Athlete or other Person can establish No Significant Fault or Negligence and that the detected Prohibited Substance came from a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two years Ineligibility, depending on the Athlete's or other Person's degree of Fault.
[Comment to Article 10.5.1.2: In assessing that Athlete's degree of Fault, it would, for example, be favorable for the Athlete if the Athlete had declared the product which was subsequently determined to be contaminated on his or her Doping Control form.]
10.5.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.5.1
If an Athlete or other Person establishes in an individual case where Article 10.5.1 is not applicable, that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in Article 10.6, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Person's degree of Fault, but the reduced period of Ineligibility may not be less than one-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 years.
[Comment to Article 10.5.2: Article 10.5.2 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 or 2.9) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is already provided in an Article based on the Athlete or other Person's degree of Fault.]
10.6 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons Other than Fault
10.6.1 Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations
10.6.1.1 NADA may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case in which it has results management authority where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organization, criminal authority or professional disciplinary body which results in: (i) the Anti-Doping Organization discovering or bringing forward an anti-doping rule violation by another Person, or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to NADA. After a final appellate decision under Article 13 or the expiration of time to appeal, NADA may only suspend a part of the otherwise applicable period of Ineligibility with the approval of WADA and the applicable International Federation. 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 of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. 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 years. 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 the period of Ineligibility was based, NADA shall reinstate the original period of Ineligibility. If NADA decides to reinstate a suspended period of Ineligibility or decides not to reinstate a suspended period of Ineligibility, that decision may be appealed by any Person entitled to appeal under Article 13.
10.6.1.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organizations, at the request of NADA or at the request of the Athlete or other Person who has, or has been asserted to have, committed an anti-doping rule violation, WADA may agree at any stage of the results management process, including after a final appellate decision under Article 13, to what it considers to be an appropriate suspension of the otherwise-applicable period of Ineligibility and other Consequences. 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, and/or no return of prize money or payment of fines or costs. WADA's approval shall be subject to reinstatement of sanction, as otherwise provided in this Article. Notwithstanding Article 13, WADA's decisions in the context of this Article may not be appealed by any other Anti-Doping Organization.
10.6.1.3 If NADA 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 NADA to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.
[Comment to Article 10.6.1: 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. This is the only circumstance under the Code where the suspension of an otherwise applicable period of Ineligibility is authorized.]
10.6.2 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 anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.
[Comment to Article 10.6.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organization is aware that an anti-doping rule violation might have been committed. 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/she not come forward voluntarily.]
10.6.3 Prompt Admission of an Anti-Doping Rule Violation after being confronted with a Violation Sanction able under Article 10.2.1 or Article 10.3.1
An Athlete or other Person potentially subject to a four-year sanction under Article 10.2.1 or 10.3.1 (for evading or refusing Sample Collection or Tampering with Sample Collection), by promptly admitting the asserted anti-doping rule violation after being confronted by NADA, and also upon the approval and at the discretion of both WADA and NADA, may receive a reduction in the period of Ineligibility down to a minimum of two years, depending on the seriousness of the violation and the Athlete or other Person's degree of Fault.
10.6.4 Application of Multiple Grounds for Reduction of a Sanction Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.4, 10.5 or 10.6, before applying any reduction or suspension under Article 10.6, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4, and 10.5. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.6, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.
[Comment to Article 10.6.4: The appropriate sanction is determined in a sequence of four steps. First, the hearing panel determines which of the basic sanctions (Articles 10.2, 10.3, 10.4, or 10.5) apply to the particular anti-doping rule violation. Second, if the basic sanction provides for a range of sanctions, the hearing panel must determine the applicable sanction within that range according to the Athlete or other Person's degree of Fault. In a third step, the hearing panel establishes whether there is a basis for elimination, suspension, or reduction of the sanction (Article 10.6). Finally, the hearing panel decides on the commencement of the period of Ineligibility under Article 10.11. Several examples of how Article 10 is to be applied are found in Appendix 2.]
10.7 Multiple Violations
10.7.1 For an Athlete or other Person's second anti-doping rule violation, the period of Ineligibility shall be the greater of:
(a) six months;
(b) one-half of the period of Ineligibility imposed for the first anti-doping rule violation without taking into account any reduction under Article 10.6; or
(c) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, without taking into account any reduction under Article 10.6.
The period of Ineligibility established above may then be further reduced by the application of Article 10.6.
10.7.2 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 10.4 or 10.5, or involves a violation of Article 2.4. In these particular cases, the period of Ineligibility shall be from eight years to lifetime Ineligibility.
10.7.3 An anti-doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a prior violation for purposes of this Article.
10.7.4 Additional Rules for Certain Potential Multiple Violations
10.7.4.1 For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if NADA can establish that the Athlete or other Person committed the second anti-doping rule violation after the Athlete or other Person received notice pursuant to Article 7, or after NADA made reasonable efforts to give notice, of the first anti-doping rule violation. If NADA cannot 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.
10.7.4.2 If, after the imposition of a sanction for a first anti-doping rule violation, NADA discovers facts involving an anti-doping rule violation by the Athlete or other Person which occurred prior to notification regarding the first violation, then NADA shall impose an additional sanction based on the sanction that could have been imposed if the two violations had been adjudicated at the same time. Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.8.
10.7.5 Multiple Anti-Doping Rule Violations during Ten-Year Period
For purposes of Article 10.7, each anti-doping rule violation must take place within the same ten-year period in order to be considered multiple violations.
10.8 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 obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or 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 prizes.
[Comment to Article 10.8: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.]
10.9 Allocation of CAS Cost Awards and Forfeited Prize Money. The priority for repayment of CAS cost awards and forfeited prize money shall be: first, payment of costs awarded by CAS; second, reallocation of forfeited prize money to other Athletes if provided for in the rules of the applicable International Federation; and third, reimbursement of the expenses of NADA.
10.10 Financial Consequences. Where an Athlete or other Person commits an anti-doping rule violation, NADA may, in its discretion and subject to the principle of proportionality, elect to a) recover from the Athlete or other Person costs associated with the anti-doping rule violation, regardless of the period of Ineligibility imposed and/or b) fine the Athlete or other Person in an amount up to INR 50,000 only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed.
The imposition of a financial sanction or the NADA'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 or the Code.
10.11 Commencement of Ineligibility Period. 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.
10.11.1 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 not attributable to the Athlete or other Person, NADA may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.
[Comment to Article 10.11.1: 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 affirmative action to avoid detection. In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.]
10.11.2 Timely Admission
Where the Athlete or other Person promptly (which, in all events, for an Athlete means before the Athlete competes again) admits the anti-doping rule violation after being confronted with the anti-doping rule violation by NADA, the period of Ineligibility may start as early as the date of Sample collection or 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 period of Ineligibility going forward from the date the Athlete or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is otherwise imposed. This Article shall not apply where the period of Ineligibility already has been reduced under Article 10.6.3.
10.11.3 Credit for Provisional Suspension or Period of Ineligibility Served
10.11.3.1 If a Provisional Suspension is imposed and respected by the Athlete or other Person, then the Athlete or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. 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 Ineligibility served against any period of Ineligibility, which may ultimately be imposed on appeal.
10.11.3.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from NADA 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 ultimately be imposed. 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.
[Comment to Article 10.11.3.2: An Athlete's voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way as to draw an adverse inference against the Athlete.]
10.11.3.3 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athlete elected not to compete or was suspended by his or her team.
10.11.3.4 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 waived, on the date Ineligibility is accepted or otherwise imposed. Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.
[Comment to Article 10.11: Article 10.11 makes clear that delays not attributable to the Athlete, timely admission by the Athlete and Provisional Suspension are the only justifications for starting the period of Ineligibility earlier than the date of the final hearing decision.]
10.12 Status during Ineligibility
10.12.1 Prohibition against Participation During Ineligibility
No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized any Signatory, Signatory's member organization, or a club or other member organization of a Signatory's member organization, or in Competitions authorized or organized by any professional league or any international or national level Event organization or any elite or national-level sporting activity funded by a governmental agency.
An Athlete or other Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwise under the jurisdiction of a Code Signatory or member of a Code Signatory, but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event, and does not involve the Athlete or other Person working in any capacity with Minors.
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing.
[Comment to Article 10.12.1: For example, subject to Article 10.12.2 below, an Ineligible Athlete cannot participate in a training camp, exhibition or practice organized by his or her National Federation or a club which is a member of that National Federation 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, etc.), Events organized by a non-Signatory International Event organization or a non-Signatory national-level event organization without triggering the Consequences set forth in Article 10.12.3. 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 one sport shall also be recognized by other sports (see Article 15.1, Mutual Recognition).]
10.12.2 Return to Training
As an exception to Article 10.12.1, an Athlete may return to train with a team or to use the facilities of a club or other member organization of NADA's member organization during the shorter of: (1) the last two months of the Athlete's period of Ineligibility, or (2) the last one-quarter of the period of Ineligibility imposed.
[Comment to Article 10.12.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), an Athlete cannot effectively train on his/her own so as to be ready to compete at the end of the Athlete's period of Ineligibility. During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.12.1 other than training.]
10.12.3 Violation of the Prohibition of Participation during Ineligibility
Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.12.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the original period of Ineligibility. The new 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.
Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility, NADA shall impose sanctions for a violation of Article 2.9 for such assistance.
10.12.4 Withholding of Financial Support during Ineligibility
In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.4 or 10.5, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by NADA, the Government of India, and the National Federations.
10.13 Automatic Publication of Sanction. A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3.
[Comment to Article 10: Harmonization of sanctions has been one of the most discussed and debated areas of anti-doping. Harmonization means that the same rules and criteria are applied to assess the unique facts of each case. Arguments against requiring harmonization of sanctions are based on differences between sports including, for example, the following: in some sports the Athletes are professionals making a sizable income from the sport and in others the Athletes are true amateurs; in those sports where an Athlete's career is short, a standard period of Ineligibility has a much more significant effect on the Athlete than in sports where careers are traditionally much longer. A primary argument in favor of harmonization is that it is simply not right that two Athletes from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports. In addition, flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organizations to be more lenient with dopers. The lack of harmonization of sanctions has also frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping Organizations.]
Article 11
CONSEQUENCES TO TEAMS
11.1 Testing of Team Sports. Where more than one member of a 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 Team Sports. If more than two members of a 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 Competition or Event, or other sanction) in addition to any Consequences imposed upon the individual Athletes committing the anti-doping rule violation.
11.3 Event Ruling Body may Establish Stricter Consequences for Team Sports. The ruling body for an Event may elect to establish rules for the Event which imposes Consequences for Team Sports stricter than those in Article 11.2 for purposes of the Event.
[Comment to Article 11.3: For example, the International Olympic Committee could establish rules which would require Disqualification of a team from the Olympic Games based on a lesser number of anti-doping rule violations during the period of the Games.]
Article 12
SANCTIONS AND COSTS ASSESSED AGAINST SPORTING BODIES
12.1 NADA has the authority to request the relevant public authorities to withhold some or all funding or other non-financial support to National Federations that are not in compliance with these Anti-Doping Rules.
12.2 NADA may at its discretion elect to request the National Olympic Committee of India to take additional disciplinary action against National Federations with respect to recognition, the eligibility of its officials and Athletes to participate in International Events and fines based on the following:
12.2.1 The total number of Anti-Doping Rules violations shall not be more than 1 percent of the total sample collection (other than violations involving Article 2.4) which are committed by Athletes or other Persons affiliated with a National Federation within a 12-month period.
12.2.2 More than one Athlete or other Person from a National Federation commits an Anti-Doping Rule violation during an International Event.
12.2.3 A National Federation has failed to make diligent efforts to keep NADA informed about an Athlete's whereabouts after receiving a request for that information from NADA.
12.2.4 Three or more failure of National Federation to comply with Article 16
Article 13
APPEALS
13.1 Decisions Subject to Appeal. Decisions made under these Anti-Doping Rules may be appealed as set forth below in Articles 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. Before an appeal is commenced, any post-decision review provided in the Anti-Doping Organization's rules must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided in Article 13.1.3).
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.
13.1.2 CAS Shall Not Defer to the Findings Being Appealed
In making its decision, CAS need not give deference to the discretion exercised by the body whose decision is being appealed.
[Comment to Article 13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]
13.1.3 WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within NADA's process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in NADA's process.
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of NADA's process (for example, a first hearing) and no party elects to appeal that decision to the next level of NADA's process, then WADA may bypass the remaining steps in NADA's internal process and appeal directly to CAS.]
13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Recognition of Decisions and Jurisdiction. A decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six months' notice requirement for a retired Athlete to return to Competition under Article 5.7.1; a decision by WADA assigning results management under Article 7.1 of the Code; a decision by NADA 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 under Article 7.7; a decision to impose a Provisional Suspension as a result of a Provisional Hearing; NADA's failure to comply with Article 7.9;a decision that NADA lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under Article 10.6.1; a decision under Article 10.12.3; and a decision by NADA not to recognize another Anti-Doping Organization's decision under Article 15, may be appealed exclusively as provided in Articles 13.2-13.7.
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.
[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]
13.2.2 Appeals Involving Other Athletes or Other Persons
In cases where Article 13.2.1 is not applicable, the decision may be appealed to the National Anti-Doping Appeal Panel.
13.2.2.1 Hearings before the National Anti-Doping Appeal Panel
13.2.2.1.1 The Composition of the National Anti Doping Appeal Panel:
The Chairman/Vice Chairman of the Governing body of NADA shall appoint an independent National Anti-Doping Appeal Panel which will comprise of the following:
(a) A Chair and one Vice-chair, each of whom shall be legal practitioners of not less than fifteen years standing,
(b) Two medical practitioners of not less than ten years standing; and
(c) Two additional members, each of whom shall be, or has previously been, a sports administrator or an Athlete,
All of whom will be appointed on the basis that they are in a position to hear the cases fairly and impartially.
13.2.2.1.2 Each panel member shall serve a term of two years.
13.2.2.1.3 If a panel member dies or resigns or a conflict of interest with their affiliation or demonstrated behavior/actions against the principles and rules of the Code is established, the Chairman/Vice Chairman of Governing body of NADA may appoint an independent person to be a panel member to fill the resultant vacancy. The person appointed shall be so appointed for the remainder of the term of the member who occasioned the vacancy.
13.2.2.1.4 A panel member may be re-appointed by the Chairman/Vice Chairman of Governing body of NADA.
13.2.2.1.5 The Chair of the National Anti Doping Appeal panel, or in his or her absence, vice Chair, shall appoint three (3) members from the panel to hear and determine each case. Each such hearing panel shall comprise Chair or vice Chair as Chair of the hearing Panel, one medial practitioner member and one sports administrator or Athlete member.
13.2.2.1.6 The appointed members shall have had no prior involvement with any aspect of the case. In particular, no member may have previously considered any TUE application or appeal involving the same Athlete as in the current case. Each member, upon appointment, shall disclose to the Chair any circumstances likely to affect impartiality with respect to any of the parties.
13.2.2.1.7 If a member appointed by the Chair to hear a case is unwilling or unable, for whatever reason, to hear the case, the Chair may appoint a replacement or appoint a new hearing panel (e.g., from a pre-established pool of candidates).
13.2.2.2 Proceedings of the National Anti-Doping Appeal Panel
13.2.2.2.1 Subject to the provisions of these Anti-Doping Rules, the National Anti-Doping Appeal Panel shall have the power to regulate its procedures.
13.2.2.2.2 The appellant shall present his/her case and the respondent party or parties shall present his/her/their case(s) in reply.
13.2.2.2.3 A failure by any party or his/her representative to attend a hearing after notification will be deemed to be an abandonment of his/her right to a hearing. This right may be reinstated on reasonable grounds.
13.2.2.2.4 Each party shall have the right to be represented at a hearing, at that party's own expense.
13.2.2.2.5 Every party shall have the right to an interpreter at the hearing, if deemed necessary by the hearing panel. The hearing panel shall determine the identity and responsibility for the cost of any interpreter.
13.2.2.2.6 Any failure by any party to comply with any requirement or direction of the National Anti-Doping Appeal Panel shall not prevent the National Anti-Doping Appeal Panel from proceeding and such failure may be taken into consideration by the National Anti-Doping Appeal Panel when making its decision.
13.2.2.2.7 The National Anti-Doping Appeal Panel has the power, at its absolute discretion, to appoint an expert to assist or advise the panel as required by the panel.
13.2.2.2.8 Each party to the proceedings has the right to present evidence, including the right to call and question witnesses (subject to the National Anti-Doping Hearing Panel's discretion to accept testimony by telephone or other means).
13.2.2.2.9 NADA has the right to join proceedings and attend hearings of the National Anti-Doping Appeal Panel as a party.
13.2.2.2.10 The International Federation and/or the National Federation concerned, if not a party to the proceedings, the National Olympic Committee, if not a party to the proceedings, and WADA each have the right to attend hearings of the National Anti-Doping Appeal Panel as an observer.
13.2.2.2.11 Hearings pursuant to this Article should be completed expeditiously and in all cases within three months of the date of the decision of the Anti-Doping Disciplinary Panel, save where exceptional circumstances apply.
13.2.2.2.12 Hearings held in connection with Events may be conducted on an expedited basis.
13.2.2.2.13 Unless otherwise agreed between the parties, the NADAP shall provide a single hearing to athlete or person against whom the case is brought.
13.2.2.2.14 The parties will get an opportunity of a single hearing before the hearing panel. However the hearing panel, at its discretion, may grant adjournments, subject to the condition that the party seeking adjournment would have to bear the cost of the hearing viz. sitting fee and travel expense of the Chairman and Members.
13.2.2.2.15 The Appellant may submit their written submissions with all documents they are relying in support of his/her case before the National Anti Doping Appeal Panel within 20 days from the date of receipt of the copy of the appeal. The same may be supplied in advance in five (5) copies to the office of National Anti Doping Appeal Panel. The Respondent may also file response to the submissions made by the Appellant within 20 days time after receiving the copy of the Appeal.
13.2.2.3 Decisions of the National Anti-Doping Appeal Panel:
13.2.2.3.1 At the end of the hearing, or on a timely basis thereafter, the National Anti-Doping Appeal Panel shall issue a written, dated and signed decision (either unanimously or by majority) that includes the full reasons for the decision and for any period of Ineligibility imposed, including (if applicable) a justification for why the maximum potential sanction was not imposed.
13.2.2.3.2 The decision shall be provided by NADA to the Athlete or other Person, to his/her National Federation, and to Anti-Doping Organizations with a right to appeal under Article 13.2.3.
13.2.2.3.3 The decision may be appealed as provided in Article 13.2.3. If no appeal is brought against the decision, then (a) if the decision is that an anti-doping rule violation was committed, the decision shall be Disclosed as provided in Article 14.3.2; but (b) if the decision is that no anti-doping rule violation was committed, then the decision shall only be Publicly Disclosed with the consent of the Athlete or other Person who is the subject of the decision. NADA shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
13.2.3 Persons Entitled to Appeal
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 party to the case in which the decision was rendered; (c) the relevant International Federation; (d) NADA and (if different) the National Anti-Doping Organization of the Person's country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.
In cases under Article 13.2.2, the following parties, at a minimum, shall have the right to appeal: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) NADA and (if different) the National Anti-Doping Organization of the Person's country of residence; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the national-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.
Notwithstanding any other provision herein, the only Person who may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.
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 latest with the party's answer.
[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 Athlete's time for appeal has expired. This provision permits a full hearing for all parties.]
13.3 Failure to Render a Timely Decision. Where, in a particular case, NADA fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if NADA had rendered a decision finding no anti-doping rule violation. If the CAS hearing panel determines that an anti-doping rule violation was committed 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 NADA.
[Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and results management process, it is not feasible to establish a fixed time period for NADA to render a decision before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA will consult with NADA and give NADA an opportunity to explain why it has not yet rendered a decision.]
13.4 Appeals Relating to TUEs. TUE decisions may be appealed exclusively as provided in Article 4.4.
13.5 Notification of Appeal Decisions. Any Anti-Doping Organization that is a party to an appeal 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 Appeal from Decisions Pursuant to Article 12. Decisions by NADA pursuant to Article 12 may be appealed exclusively to National Anti-Doping Appeal Panel by the National Federation.
13.7 Time for Filing Appeals
13.7.1 Appeals to CAS
The time to file an appeal to CAS shall be twenty-one 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 days from notice of the decision, such party/ies shall have the right to request a copy of the case file from the body that issued the decision;
(b) If such a request is made within the fifteen-day period, then the party making such request shall have twenty-one days from receipt of the file to file an appeal to CAS.
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:
(a) Twenty-one days after the last day on which any other party in the case could have appealed; or
(b) Twenty-one days after WADA's receipt of the complete file relating to the decision.
13.7.2 Appeals under Article 13.2.2
The time to file an appeal to the National Anti-Doping Appeal Panel shall be twenty-one days from the date of receipt of the decision by the appealing party. However, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having led to the decision subject to appeal:
(a) Within fifteen days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied;
(b) If such a request is made within the fifteen-day period, then the party making such request shall have twenty-one days from receipt of the file to file an appeal to the National Anti-Doping Appeal Panel.
The above notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of:
(a) Twenty-one days after the last day on which any other party in the case could have appealed, or
(b) Twenty-one 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 that an anti-doping rule violation is being asserted against them shall occur as provided under Articles 7 and 14 of these Anti-Doping Rules. Notice to an Athlete or other Person who is a member of a National Federation may be accomplished by delivery of the notice to the National Federation.
14.1.2 Notice of Anti-Doping Rule Violations to International Federations and WADA
Notice of the assertion of an anti-doping rule violation to International Federations and WADA shall occur as provided under Articles 7 and 14 of these Anti-Doping Rules, simultaneously with the notice to the Athlete or other Person.
14.1.3 Content of an Anti-Doping Rule Violation Notice
Notification of an anti-doping rule violation under Article 2.1 shall include: the Athlete's name, country, sport and discipline within the sport, the Athlete's competitive level, whether the test was In-Competition or Out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory, and other information as required by the International Standard for Testing and Investigations.
Notice of anti-doping rule violations other than under Article 2.1 shall include the rule violated and the basis of the asserted violation.
14.1.4 Status Reports
Except with respect to investigations which have not resulted in notice of an anti-doping rule violation pursuant to Article 14.1.1, International Federations and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.
14.1.5 Confidentiality
The recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee, National Federation, and team in a Team Sport) until the NADA has made Public Disclosure or has failed to make Public Disclosure as required in Article 14.3.
14.2 Notice of Anti-Doping Rule Violation Decisions and Request for Files
14.2.1 Anti-doping rule violation decisions rendered pursuant to Article 7.11, 8.3, 10.4, 10.5, 10.6, 10.12.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the greatest possible Consequences were not imposed. Where the decision is not in English or French, NADA shall provide a short English or French summary of the decision and the supporting reasons.
14.2.2 An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen days of receipt, request a copy of the full case file pertaining to the decision.
14.3 Public Disclosure
14.3.1 The identity of any Athlete or other Person who is asserted by NADA to have committed an anti-doping rule violation, may be Publicly Disclosed by NADA only after notice has been provided to the Athlete or other Person in accordance with Article 7.3, 7.4, 7.5, 7.6 or 7.7 and simultaneously to WADA and the International Federation of the Athlete or other Person in accordance with Article 14.1.2.
14.3.2 No later than twenty days after it has been determined in a final appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not been timely challenged, NADA must Publicly Report the disposition of the matter, including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed. NADA must also Publicly Report within twenty days the results of final appeal decisions concerning anti-doping rule violations, including the information described above.
14.3.3 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision. NADA shall use reasonable efforts to obtain such consent. If consent is obtained, NADA shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.4 Publication shall be accomplished at a minimum by placing the required information on the NADA's website or publishing it through other means and leaving the information up for the longer of one month or the duration of any period of Ineligibility.
14.3.5 Neither NADA, nor the National Federations, nor any official of either body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete or other Person against whom an anti-doping rule violation is asserted, or their representatives.
14.3.6 The mandatory Public Reporting required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor. Any optional Public Reporting in a case involving a Minor shall be proportionate to the facts and circumstances of the case.
14.4 Statistical Reporting. NADA shall publish at least annually a general statistical report of its Doping Control activities, with a copy provided to WADA. NADA may also publish reports showing the name of each Athlete tested and the date of each Testing.
14.5 Doping Control Information Clearinghouse. To facilitate coordinated test distribution planning and to avoid unnecessary duplication in Testing by the various Anti-Doping Organizations, NADA shall report all In-Competition and Out-of-Competition tests on such Athletes to the WADA clearinghouse, using ADAMS, as soon as possible after such tests have been conducted. This information will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete, the Athlete's International Federation and any other Anti-Doping Organizations with Testing authority over the Athlete.
14.6 Data Privacy
14.6.1 NADA may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct their anti-doping activities under the Code, the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) and these Anti-Doping Rules.
14.6.2 Any Participant who submits information including personal data to any Person in accordance with these Anti-Doping Rules shall be deemed to have agreed, pursuant to applicable data protection laws and otherwise, that such information may be collected, processed, disclosed and used by such Person for the purposes of the implementation of these Anti-Doping Rules, in accordance with the International Standard for the Protection of Privacy and Personal Information and otherwise as required to implement these Anti-Doping Rules.
Article 15
APPLICATION AND RECOGNITION OF DECISIONS
15.1 Subject to the right to appeal provided in Article 13, Testing, hearing results or other final adjudications of any Signatory which are consistent with the Code and are within that Signatory's authority shall be applicable worldwide and shall be recognized and respected by NADA and all National Federations.
[Comment to Article 15.1: The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.]
15.2 NADA and all National Federations shall recognize the measures taken by other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code.
[Comment to Article 15.2: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, NADA or National Federations shall attempt to apply the decision in harmony with the principles of the Code. For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in his or her body but the period of Ineligibility applied is shorter than the period provided for in these Anti-Doping Rules, then NADA shall recognize the finding of an anti-doping rule violation and may conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in these Anti-Doping Rules should be imposed.]
15.3 Subject to the right to appeal provided in Article 13, any decision of NADA regarding a violation of these Anti-Doping Rules shall be recognized by all National Federations, which shall take all necessary action to render such decision effective.
Subject to the right to appeal, any decisions of the Anti Doping Disciplinary panel or CAS, or the National Anti Doping Appeal panel regarding the violation of these Anti Doping Rules within the authority of NADA, shall be recognized by all Anti Doping organizations and each of their affiliated or associated organizations, or National Federations, each of which shall take all necessary action to render such results effective.
Article 16
INCORPORATION OF NADA ANTI-DOPING RULES AND OBLIGATIONS OF NATIONAL FEDERATIONS
16.1 All National Federations and their members shall comply with these Anti-Doping Rules. These Anti-Doping Rules shall also be incorporated either directly or by reference into each National Federation's rules so that NADA may enforce them itself directly as against Athletes and other Persons under the National Federation's jurisdiction.
16.2 All National Federations shall establish rules requiring all Athletes and each Athlete Support Personnel who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in a Competition or activity authorized or organized by a National Federation or one of its member organizations to agree to be bound by these Anti-Doping Rules and to submit the results management authority of the Anti-Doping Organization responsible under the Code as a condition of such participation.
16.3 All National Federations shall report any information suggesting or relating to an anti-doping rule violation to NADA and to their International Federation, and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.
16.4 All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the jurisdiction of NADA or the National Federation.
16.5 All National Federations shall be required to conduct anti-doping education in coordination with NADA.
Article 17
STATUTE OF LIMITATIONS
No anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred.
Article 18
NADA COMPLIANCE REPORTS TO WADA
NADA will report to WADA on NADA's compliance with the Code in accordance with Article 23.5.2 of the Code.
Article 19
EDUCATION
NADA shall plan, implement, evaluate and monitor information; education and prevention programs for doping-free sport on at least the issues listed at Article 18.2 of the Code, and shall support active participation by Athletes and Athlete Support Personnel in such programs.
Article 20
AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES
20.1 These Anti-Doping Rules may be amended from time to time by NADA.
20.2 These Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
20.3 The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.
20.4 The Code and the International Standards shall be considered integral parts of these Anti-Doping Rules and shall prevail in case of conflict.
20.5 These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The Introduction shall be considered an integral part of these Anti-Doping Rules.
20.6 The comments annotating various provisions of the Code and these Anti-Doping Rules shall be used to interpret these Anti-Doping Rules.
20.7 These Anti-Doping Rules have come into full force and effect on 1 January, 2015 (the Effective Date ). They shall not apply retroactively to matters pending before the Effective Date; provided, however, that:
20.7.1 Anti-doping rule violations taking place prior to the Effective Date count as first violations or second violations for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
20.7.2 The retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.7.5 and the statute of limitations set forth in Article 17 are procedural rules and should be applied retroactively; provided, however, that Article 17 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date. Otherwise, with respect to any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, the case shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred, unless the panel hearing the case determines the principle of lexmitior appropriately applies under the circumstances of the case.
20.7.3 Any Article 2.4 whereabouts failure (whether a Filing Failure or a Missed Test, as those terms are defined in the International Standard for Testing and Investigations) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Testing and Investigation, but it shall be deemed to have expired 12 months after it occurred.
20.7.4 With respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to the Anti-Doping Organization which had results management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti-Doping Rules. Such application must be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Article 13.2. These Anti-Doping Rules shall have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.
20.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.7.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti-Doping Rules been applicable, shall be applied.
Article 21
INTERPRETATION OF THE CODE
21.1 The official text of the Code shall be maintained by WADA and shall be published in English and French. In the event of any conflict between the English and French versions, the English version shall prevail.
21.2 The comments annotating various provisions of the Code shall be used to interpret the Code.
21.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
21.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
21.5 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules. However, pre-Code anti-doping rule violations would continue to count as first violations or second violations for purposes of determining sanctions under Article 10 for subsequent post-Code violations.
21.6 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definitions, and Appendix 2, Examples of the Application of Article 10, shall be considered integral parts of the Code.
Article 22
ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES AND OTHER PERSONS
22.1 Roles and Responsibilities of Athletes
22.1.1 To be knowledgeable of and comply with these Anti-Doping Rules.
22.1.2 To be available for Sample collection at all times.
[Comment to Article 22.1.2: With due regard to an Athlete's human rights and privacy, legitimate anti-doping considerations sometimes require Sample collection late at night or early in the morning. For example, it is known that some Athletes use low doses of EPO during these hours so that it will be undetectable in the morning.]
22.1.3 To take responsibility, in the context of anti-doping, for what they ingest and Use.
22.1.4 To inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti-Doping Rules.
22.1.5 To disclose to their International Federation and to NADA any decision by a non-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten years.
22.1.6 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.
22.2 Roles and Responsibilities of Athlete Support Personnel
22.2.1 To be knowledgeable of and comply with these Anti-Doping Rules.
22.2.2 To cooperate with the Athlete Testing program.
22.2.3 To use his or her influence on Athlete values and behavior to foster anti-doping attitudes.
22.2.4 To disclose to his or her International Federation and to NADA any decision by a non-Signatory finding that he or she committed an anti-doping rule violation within the previous ten years.
22.2.5 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.
22.2.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
APPENDIX 1
DEFINITIONS
ADAMS: The Anti-Doping Administration and Management System is a Web-based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti-doping operations in conjunction with data protection legislation.
Administration: Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method. However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory that, consistent with the International Standard for Laboratories and related Technical Documents, identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method.
Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in the applicable International Standards.
Anti-Doping Appeal Panel: The panel appointed by the Chairman/Vice-Chairman of the Governing Body of the NADA to adjudicate on appeals from decisions of the Anti-Doping Disciplinary Panel.
Anti-Doping Disciplinary Panel: The panel appointed by the Chairman/Vice-Chairman of the Governing Body of the NADA to adjudicate on alleged violations of these Anti-Doping Rules.
Anti-Doping Organization: A Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizations that conduct Testing at their Events, WADA, International Federations, and National Anti-Doping Organizations.
Athlete: Any Person who competes in sport at the international level (as defined by each International Federation), or the national level (as defined by each National Anti-Doping Organization). An Anti-Doping Organization has discretion to apply anti-doping rules to an Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definition of Athlete. In relation to Athletes who are neither International-Level nor National-Level Athletes, an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances; require limited or no whereabouts information; or not require advance TUEs. However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any Athlete over whom an Anti-Doping Organization has authority who competes below the international or national level, then the Consequences set forth in the Code (except Articles 14.3.2) must be applied. For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping information and education, any Person who participates in sport under the authority of any Signatory, Government, or other sports organization accepting the Code is an Athlete.
[Comment: This definition makes it clear that all International-and National-Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions of international-and national-level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping Organizations, respectively. The definition also allows each National Anti-Doping Organization, if it chooses to do so, to expand its anti-doping program beyond International-or National-Level Athletes to competitors at lower levels of Competition or to individuals who engage in fitness activities but do not compete at all. Thus, a National Anti-Doping Organization could, for example, elect to test recreational-level competitors but not require advance TUEs. But an anti-doping rule violation involving an Adverse Analytical Finding or Tampering results in all of the Consequences provided for in the Code (with the exception of Article 14.3.2). The decision on whether Consequences apply to recreational-level Athletes who engage in fitness activities but never compete is left to the National Anti-Doping Organization. In the same manner, a Major Event Organization holding an Event only for masters-level competitors could elect to test the competitors but not analyze Samples for the full menu of Prohibited Substances. Competitors at all levels of Competition should receive the benefit of anti-doping information and education.]
Athlete Biological Passport: The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.
Athlete Support Personnel: Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition.
Attempt: Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation. Provided, however, there shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt.
Atypical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding.
Atypical Passport Finding: A report described as an Atypical Passport Finding as described in the applicable International Standards.
CAS: The Court of Arbitration for Sport.
Code: The World Anti-Doping Code.
Competition: A single race, match, game or singular sport contest. For example, a basketball game or the finals of the Olympic 100-meter race in athletics. For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation.
Consequences of Anti-Doping Rule Violations ( Consequences ): An Athlete's or other Person's violation of an anti-doping rule may result in one or more of the following: (a) Disqualification means the Athlete's results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti-doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.12.1; (c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recover costs associated with an anti-doping rule violation; and (e) Public Disclosure or Public Reporting means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. Teams in Team Sports may also be subject to Consequences as provided in Article 11 of the Code.
Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.
Disqualification: See Consequences of Anti-Doping Rule Violations above.
Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, Sample collection and handling, laboratory analysis, TUEs, results management and hearings.
Event: A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, FINA World Championships, or Pan American Games).
Event Venues: Those venues so designated by the ruling body for the Event.
Event Period: The time between the beginning and end of an Event, as established by the ruling body of the Event.
Fault: Fault is any breach of duty or any lack of care appropriate to a particular situation. Factors to be taken into consideration in assessing an Athlete or other Person's degree of Fault include, for example, the Athlete's or other Person's experience, whether the Athlete or other Person is a Minor, special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk. In assessing the Athlete's or other Person's degree of Fault, the circumstances considered must be specific and relevant to explain the Athlete's or other Person's departure from the expected standard of behavior. Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete only has a short time left in his or her career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.5.1 or 10.5.2.
[Comment: The criteria for assessing an Athlete's degree of Fault is the same under all Articles where Fault is to be considered. However, under Article 10.5.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
Financial Consequences: See Consequences of Anti-Doping Rule Violations above.
Government: Government of India.
In-Competition: Unless provided otherwise in the rules of an International Federation or the ruling body of the Event in question, In-Competition means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.
[Comment: An International Federation or ruling body for an Event may establish an In-Competition period that is different than the Event Period.]
Independent Observer Program: A team of observers, under the supervision of WADA, who observe and provide guidance on the Doping Control process at certain Events and report on their observations.
Individual Sport: Any sport that is not a Team Sport.
Ineligibility: See Consequences of Anti-Doping Rule Violations above.
International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization, or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event.
International-Level Athlete: Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.
[Comment: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc. However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes. For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.]
International Standard: A standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical Documents issued pursuant to the International Standard.
Major Event Organizations: The continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any continental, regional or other International Event.
Marker: A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method.
Metabolite: Any substance produced by a biotransformation process.
Minor: A natural Person who has not reached the age of eighteen years.
NADA: National Anti-Doping Agency of India
National Anti-Doping Agency: The entity designated by Government of India as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, and the conduct of hearings at the national level.
National Event: A sport Event or Competition involving International-or National-Level Athletes that is not an International Event.
National Sports Federation: A national or regional entity which is a member of or is recognized by an International Federation as the entity governing the International Federation's sport in that nation or region.
National-Level Athlete: Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization, consistent with the International Standard for Testing and Investigations. In India, National-Level Athletes are defined as set out in Article 1.4.
National Olympic Committee: National Olympic Committee shall be referred as Indian Olympic Association.
National Olympic Committee: The organization recognized by the International Olympic Committee. The term National Olympic Committee is referred and defined as the Indian Olympic Association, which is the Confederation of National Sport Federations in the country where the Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area.
No Fault or Negligence: The Athlete or other Person's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule. Except in the case of a Minor, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered his or her system.
No Significant Fault or Negligence: The Athlete or other Person's establishing that his or her Fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or negligence, was not significant in relationship to the anti-doping rule violation. Except in the case of a Minor, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered his or her system.
[Comment: For Cannabinoids, an Athlete may establish No Significant Fault or Negligence by clearly demonstrating that the context of the Use was unrelated to sport performance.]
Out-of-Competition: Any period which is not In-Competition.
Participant: Any Athlete or Athlete Support Person.
Person: A natural Person or an organization or other entity.
Possession: The actual, physical Possession, or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it. Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.
[Comment: Under this definition, steroids found in an Athlete's car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, the Anti-Doping Organization must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the steroids and intended to have control over the steroids. Similarly, in the example of steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping Organization must establish that the Athlete knew the steroids were in the cabinet and that the Athlete intended to exercise control over the steroids. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third party address.]
Prohibited List: The List identifying the Prohibited Substances and Prohibited Methods.
Prohibited Method: Any method so described on the Prohibited List.
Prohibited Substance: Any substance, or class of substances, so described on the Prohibited List.
Provisional Hearing: For purposes of Article 7.9, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.
[Comment: A Provisional Hearing is only a preliminary proceeding, which may not involve a full review of the facts of the case. Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case. By contrast, an expedited hearing, as that term is used in Article 7.9, is a full hearing on the merits conducted on an expedited time schedule.]
Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.
Publicly Disclose or Publicly Report: See Consequences of Anti-Doping Rule Violations above.
Retroactive TUE: As defined in the International Standard for Therapeutic Use Exemption.
Registered Testing Pool: The pool of highest-priority Athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.6 of the Code and the International Standard for Testing and Investigations.
Sample or Specimen: Any biological material collected for the purposes of Doping Control.
[Comment: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups. It has been determined that there is no basis for any such claim.]
Signatories: Those entities signing the Code and agreeing to comply with the Code, as provided in Article 23 of the Code.
Specified Substance: See Article 4.2.2.
Strict Liability: The rule, which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault, negligence, or knowing Use on the Athlete's part be demonstrated by the Anti-Doping Organization in order to establish an anti-doping rule violation.
Substantial Assistance: For purposes of Article 10.6.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.
Tampering: Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring.
Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Team Sport: A sport in which the substitution of players is permitted during a Competition.
Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete, Athlete Support Person or any other Person subject to the jurisdiction of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
TUE: Therapeutic Use Exemption, as described in Article 4.4.
TUEC: TUE Committee established by NADA.
UNESCO Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October, 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.
Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.
WADA: The World Anti-Doping Agency.
[Comment: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech].
APPENDIX 2
EXAMPLES OF THE APPLICATION OF ARTICLE 10
Example 1
Facts: An Adverse Analytical Finding results from the presence of an anabolic steroid in an In-Competition test (Article 2.1); the Athlete promptly admits the anti-doping rule violation; the Athlete establishes No Significant Fault or Negligence; and the Athlete provides Substantial Assistance.
Application of Consequences:
1. The starting point would be Article 10.2. Because the Athlete is deemed to have No Significant Fault that would be sufficient corroborating evidence (Articles 10.2.1.1 and 10.2.3) that the anti-doping rule violation was not intentional, the period of Ineligibility would thus be two years, not four years (Article 10.2.2).
2. In a second step, the panel would analyze whether the Fault-related reductions (Articles 10.4 and 10.5) apply. Based on No Significant Fault or Negligence (Article 10.5.2) since the anabolic steroid is not a Specified Substance, the applicable range of sanctions would be reduced to a range of two years to one year (minimum one-half of the two years sanction). The panel would then determine the applicable period of Ineligibility within this range based on the Athlete's degree of Fault. (Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of 16 months.)
3. In a third step, the panel would assess the possibility for suspension or reduction under Article 10.6 (reductions not related to Fault). In this case, only Article 10.6.1(Substantial Assistance) applies. (Article 10.6.3, Prompt Admission, is not applicable because the period of Ineligibility is already below the two-year minimum set forth in Article 10.6.3.) Based on Substantial Assistance, the period of Ineligibility could be suspended by three-quarters of 16 months.*The minimum period of Ineligibility would thus be four months. (Assume for purposes of illustration in this example that the panel suspends ten months and the period of Ineligibility would thus be six months.)
4. Under Article 10.11, the period of Ineligibility, in principle, starts on the date of the final hearing decision. However, because the Athlete promptly admitted the anti-doping rule violation, the period of Ineligibility could start as early as the date of Sample collection, but in any event the Athlete would have to serve at least one-half of the Ineligibility period (i.e., three months) after the date of the hearing decision (Article 10.11.2).
5. Since the Adverse Analytical Finding was committed in a Competition, the panel would have to automatically Disqualify the result obtained in that Competition (Article 9).
6. According to Article 10.8, all results obtained by the Athlete subsequent to the date of the Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.
7. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).
8. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete's period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete's period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training one and one-half months before the end of the period of Ineligibility.
Example 2
Facts: An Adverse Analytical Finding results from the presence of a stimulant which is a Specified Substance in an In-Competition test (Article 2.1); the Anti-Doping Organization is able to establish that the Athlete committed the anti-doping rule violation intentionally; the Athlete is not able to establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance; the Athlete does not promptly admit the anti-doping rule violation as alleged; the Athlete does provide Substantial Assistance.
Application of Consequences:
1. The starting point would be Article 10.2. Because the Anti-Doping Organization can establish that the anti-doping rule violation was committed intentionally and the Athlete is unable to establish that the substance was permitted Out-of-Competition and the Use was unrelated to the Athlete's sport performance (Article 10.2.3), the period of Ineligibility would be four years (Article 10.2.1.2).
2. Because the violation was intentional, there is no room for a reduction based on Fault (no application of Articles 10.4 and 10.5). Based on Substantial Assistance, the sanction could be suspended by up to three-quarters of the four years.*The minimum period of Ineligibility would thus be one year.
3. Under Article 10.11, the period of Ineligibility would start on the date of the final hearing decision.
4. Since the Adverse Analytical Finding was committed in a Competition, the panel would automatically Disqualify the result obtained in the Competition.
5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.
6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).
7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete's period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete's period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility.
Example 3
Facts: An Adverse Analytical Finding results from the presence of an anabolic steroid in an Out-of-Competition test (Article 2.1); the Athlete establishes No Significant Fault or Negligence; the Athlete also establishes that the Adverse Analytical Finding was caused by a Contaminated Product.
Application of Consequences:
1. The starting point would be Article 10.2. Because the Athlete can establish through corroborating evidence that he did not commit the anti-doping rule violation intentionally, i.e. he had No Significant Fault in Using a Contaminated Product (Articles 10.2.1.1 and 10.2.3), the period of Ineligibility would be two years (Article 10.2.2).
2. In a second step, the panel would analyze the Fault-related possibilities for reductions (Articles 10.4 and 10.5). Since the Athlete can establish that the anti-doping rule violation was caused by a Contaminated Product and that he acted with No Significant Fault or Negligence based on Article 10.5.1.2, the applicable range for the period of Ineligibility would be reduced to a range of two years to a reprimand. The panel would determine the period of Ineligibility within this range, based on the Athlete's degree of Fault.(Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of four months.)
3. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would be Disqualified unless fairness requires otherwise.
4. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).
5. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete's period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete's period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training one month before the end of the period of Ineligibility.
Example 4
Facts: An Athlete who has never had an Adverse Analytical Finding or been confronted with an anti-doping rule violation spontaneously admits that she Used an anabolic steroid to enhance her performance. The Athlete also provides Substantial Assistance.
Application of Consequences:
1. Since the violation was intentional, Article 10.2.1 would be applicable and the basic period of Ineligibility imposed would be four years.
2. There is no room for Fault-related reductions of the period of Ineligibility (no application of Articles 10.4 and 10.5).
3. Based on the Athlete's spontaneous admission (Article 10.6.2) alone, the period of Ineligibility could be reduced by up to one-half of the four years. Based on the Athlete's Substantial Assistance (Article 10.6.1) alone, the period of Ineligibility could be suspended up to three-quarters of the four years.* Under Article 10.6.4, in considering the spontaneous admission and Substantial Assistance together, the most the sanction could be reduced or suspended would be up to three-quarters of the four years. The minimum period of Ineligibility would be one year.
4. The period of Ineligibility, in principle, starts on the day of the final hearing decision (Article 10.11). If the spontaneous admission is factored into the reduction of the period of Ineligibility, an early start of the period of Ineligibility under Article 10.11.2 would not be permitted. The provision seeks to prevent an Athlete from benefiting twice from the same set of circumstances. However, if the period of Ineligibility was suspended solely on the basis of Substantial Assistance, Article 10.11.2 may still be applied, and the period of Ineligibility started as early as the Athlete's last Use of the anabolic steroid.
5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of the anti-doping rule violation until the start of the period of Ineligibility would be Disqualified unless fairness requires otherwise.
6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).
7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete's period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete's period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility.
Example 5
Facts: An Athlete Support Person helps to circumvent a period of Ineligibility imposed on an Athlete by entering him into a Competition under a false name. The Athlete Support Person comes forward with this anti-doping rule violation (Article 2.9) spontaneously before being notified of an anti-doping rule violation by an Anti-Doping Organization.
Application of Consequences:
1. According to Article 10.3.4, the period of Ineligibility would be from two up to four years, depending on the seriousness of the violation. (Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of three years.)
2. There is no room for Fault-related reductions since intent is an element of the anti-doping rule violation in Article 2.9 (see comment to Article 10.5.2).
3. According to Article 10.6.2, provided that the admission is the only reliable evidence, the period of Ineligibility may be reduced down to one-half. (Assume for purposes of illustration in this example that the panel would impose a period of Ineligibility of 18 months.)
4. The information referred to in Article 14.3.2 must be Publicly Disclosed unless the Athlete Support Person is a Minor, since this is a mandatory part of each sanction (Article 10.13).
Example 6
Facts: An Athlete was sanctioned for a first anti-doping rule violation with a period of Ineligibility of 14 months, of which four months were suspended because of Substantial Assistance. Now, the Athlete commits a second anti-doping rule violation resulting from the presence of a stimulant which is not a Specified Substance in an In-Competition test (Article 2.1); the Athlete establishes No Significant Fault or Negligence; and the Athlete provided Substantial Assistance. If this were a first violation, the panel would sanction the Athlete with a period of Ineligibility of 16 months and suspend six months for Substantial Assistance.
Application of Consequences:
1. Article 10.7 is applicable to the second anti-doping rule violation because Article 10.7.4.1 and Article 10.7.5 apply.
2. Under Article 10.7.1, the period of Ineligibility would be the greater of:
(a) six months;
(b) one-half of the period of Ineligibility imposed for the first anti-doping rule violation without taking into account any reduction under Article 10.6 (in this example, that would equal one-half of 14 months, which is seven months); or
(c) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, without taking into account any reduction under Article 10.6 (in this example, that would equal two times 16 months, which is 32 months).
Thus, the period of Ineligibility for the second violation would be the greater of (a), (b) and (c), which is a period of Ineligibility of 32 months.
3. In a next step, the panel would assess the possibility for suspension or reduction under Article 10.6 (non-Fault-related reductions). In the case of the second violation, only Article 10.6.1 (Substantial Assistance) applies. Based on Substantial Assistance, the period of Ineligibility could be suspended by three-quarters of 32 months.*The minimum period of Ineligibility would thus be eight months. (Assume for purposes of illustration in this example that the panel suspends eight months of the period of Ineligibility for Substantial Assistance, thus reducing the period of Ineligibility imposed to two years.)
4. Since the Adverse Analytical Finding was committed in a Competition, the panel would automatically Disqualify the result obtained in the Competition.
*Upon the approval of WADA in exceptional circumstances, the maximum suspension of the period of Ineligibility for Substantial Assistance may be greater than three-quarters and reporting and publication may be delayed.
5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.
6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).
7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete's period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete's period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility.