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World Bodybuilding &
Physique Sports Federation
Anti-Doping Rules
WBPF Anti-Doping Rules 2009
August 2009
TABLE OF CONTENTS
Fundamental
for
the
Code
and
IF's
3
Scope
4
ARTICLE 1
DEFINITION OF DOPING . 5
ARTICLE 2
ANTI-DOPING RULE VIOLATIONS. 6
ARTICLE 3
PROOF OF DOPING . 9
ARTICLE 4
THE PROHIBITED LIST . 11
ARTICLE 5
TESTING . 14
ARTICLE 6
ANALYSIS OF SAMPLES. 19
ARTICLE 7
RESULTS MANAGEMENT . 20
ARTICLE 8
RIGHT TO A FAIR HEARING . 26
ARTICLE 9
AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
. 28
ARTICLE 10
SANCTIONS ON INDIVIDUALS . 28
ARTICLE 11
CONSEQUENCES TO TEAMS . 38
ARTICLE 12
SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL
FEDERATIONS . 38
ARTICLE 13
APPEALS . 40
ARTICLE 14
REPORTING AND RECOGNITION . 44
ARTICLE 15
MUTUAL RECOGNITION . 47
ARTICLE 16
INCORPORATION OF IF ANTI-DOPING RULES . 47
ARTICLE 17
STATUTE OF LIMITATION . 47
WBPF Anti-Doping Rules
August 2009
ARTICLE 18
WBPF COMPLIANCE REPORTS TO WADA . 47
ARTICLE 19
AMENDMENTS AND INTERPRETATION OF ANTI-DOPING
RULES….…47
ARTICLE 20
ADDITIONAL ROLES AND RESPONSABILITIES OF ATHLETES
AND OTHER PERSONS
……………………………………………………………. 49
APPENDIX 1
DEFINITIONS
APPENDIX 2
WBPF Anti-Doping Rules
August 2009
At the Executive Officers Meeting held on 13th August 2009 in Pattaya City, Thailand, WBPF accepted the revised (2009) World Anti-Doping
Code (the "
Code"). These Anti-Doping Rules are adopted and implemented in conformance with WBPF's responsibilities under the
Code, and are in furtherance of WBPF's continuing efforts to eradicate doping in the sport of bodybuilding, fitness physique, athletic physique and model physique.
Anti-Doping Rules, like
Competition rules, are sport rules governing the conditions under which sport is played.
Athletes and other
Persons accept these rules as a condition of participation and shall be bound by them. These sport-specific rules and procedures, aimed at enforcing anti-doping principles in a global and harmonized manner, are distinct in nature and, therefore, not intended to be subject to, or limited by any national requirements and legal standards applicable to criminal proceedings or employment matters. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping rules in the
Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport.
Fundamental Rationale for the Code and IF's Anti-Doping Rules
Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as "the spirit of sport"; it is the essence of Olympism; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is characterized by the following values:
• Ethics, fair play and honesty • Health • Excellence in performance • Character and education • Fun and joy • Teamwork • Dedication and commitment • Respect for rules and laws • Respect for self and other participants • Courage • Community and solidarity
Doping is fundamentally contrary to the spirit of sport.
WBPF Anti-Doping Rules
August 2009
These Anti-Doping Rules shall apply to WBPF, each
National Federation of IF, and each
Participant in the activities of IF or any of its
National Federations by virtue of the
Participant's membership, accreditation, or participation in WBPF, its
National Federations, or their activities or
Events.
To be eligible for participation in WBPF events, a competitor must be a member of a club/organization affiliated to his or her National Federation.
The WBPF will only recognize competitors who have personally signed the Appendix 2 consent form, in the actual form approved by the WBPF Executive Council. All forms from under-age applicants must be counter-signed by their legal guardians.
The National Federation must guarantee that all athletes accept the Rules of the WBPF, including these WBPF Anti-Doping Rules.
It is the responsibility of each
National Federation to ensure that all national-level
Testing on the
National Federation's Athletes complies with these Anti-Doping Rules. In some countries, the
National Federation itself will be conducting the
Doping Control described in these Anti-Doping Rules. In other countries, many of the
Doping Control responsibilities of the
National Federation have been delegated or assigned by statute or agreement to a
National Anti-Doping Organization. In those countries, references in these Anti-Doping Rules to the
National Federation shall apply, as appropriate, to the
National Anti-Doping Organization.
These Anti-Doping Rules shall apply to all
Doping Controls over which WBPF and its
National Federations have jurisdiction.
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ARTICLE 1 DEFINITION OF DOPING
Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.8 of these Anti-Doping Rules.
ARTICLE 2 ANTI-DOPING RULE VIOLATIONS
Athletes and other
Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included on the
Prohibited List.
The following constitute anti-doping rule violations:
[Comment to Article 2: The purpose of Article 2 is to specify the circumstances and conduct which constitute violations of anti-doping rules. Hearings in doping cases will proceed based on the assertion that one or more of these specific rules has been violated.]
2.1 The presence of a
Prohibited Substance or its Metabolites or Markers in an
Athlete's
It is each
Athlete's personal duty to ensure that no
Prohibited Substance
enters his or her body.
Athletes are responsible for any
Prohibited Substance or its
Metabolites or
Markers found to be present in their
Samples. Accordingly, it is not necessary that intent, fault, negligence or knowing
Use on the
Athlete's part be demonstrated in order to establish an anti-doping violation under Article 2.1.
[Comment to Article 2.1.1: For purposes of anti-doping violations involving the presence of a Prohibited Substance (or its Metabolites or Markers), these Anti-Doping Rules adopt the rule of strict liability which was found in the Olympic Movement Anti-Doping Code ("OMADC") and the vast majority of pre-Code anti-doping rules. Under the strict liability principle, an Athlete is responsible, and an anti-doping rule violation occurs, whenever a Prohibited Substance is found in an Athlete's Sample. The violation occurs whether or not the Athlete intentionally or unintentionally used a Prohibited Substance or was negligent or otherwise at fault. If the positive Sample came from an In-Competition test, then the results of that Competition are automatically invalidated (Article 9 (Automatic Disqualification of Individual Results)). However, the Athlete then has the possibility to avoid or reduce sanctions if the Athlete can demonstrate that he or she was not at fault or significant fault (Article 10.5 (Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances)) or in certain circumstances did not intend to enhance his or her sport performance (Article 10.4 (Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances)). The strict liability rule for the finding of a Prohibited Substance in an Athlete's Sample, with a possibility that sanctions may be modified based on specified criteria, provides a reasonable balance between effective anti-doping enforcement for the benefit of all "clean" Athletes and fairness in the exceptional circumstance where a Prohibited Substance entered an Athlete's system through No Fault or Negligence or No Significant Fault or Negligence on the Athlete's part. It is important to emphasize that while the determination of whether the anti-doping rule
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violation has occurred is based on strict liability, the imposition of a fixed period of Ineligibility is not automatic. The strict liability principle set forth in these Anti-Doping Rules has been consistently upheld in the decisions of CAS.]
2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is
established by either of the following: presence of a
Prohibited Substance or its
Metabolites or
Markers in the
Athlete's A
Sample where the
Athlete waives
analysis of the B
Sample and the B
Sample is not analyzed; or, where the
Athlete's
B
Sample is analyzed and the analysis of the
Athlete's B
Sample confirms the
presence of the
Prohibited Substance or its
Metabolites or
Markers found in the
Athlete's A
Sample.
[Comment to Article 2.1.2: The Anti-Doping Organization with results management responsibility may in its discretion choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.]
2.1.3 Excepting those substances for which a quantitative threshold is specifically
identified in the
Prohibited List, the presence of any quantity of a
Prohibited
Substance or its
Metabolites or
Markers in an
Athlete's Sample shall constitute an
anti-doping rule violation.
2.1.4 As an exception to the general rule of Article 2.1, the
Prohibited List or
International Standards may establish special criteria for the evaluation of
Prohibited Substances that can also be produced endogenously.
2.2
Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited
[Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. As noted in the Comment to Article 3.2 (Methods of Establishing Facts and Presumptions), unlike the proof required to establish an anti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, or other analytical information which does not otherwise satisfy all the requirements to establish "Presence" of a Prohibited Substance under Article 2.1. For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.]
It is each
Athlete's personal duty to ensure that no
Prohibited Substance
enters his or her body. Accordingly, it is not necessary that intent, fault, negligence or knowing
Use on the
Athlete's part be demonstrated in order to
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August 2009
establish an anti-doping rule violation for
Use of a
Prohibited Substance or a
Prohibited Method.
The success or failure of the
Use or
Attempted Use of a
Prohibited
Substance or
Prohibited Method is not material. It is sufficient that the
Prohibited Substance or
Prohibited Method was
Used or
Attempted to be
Used for an anti-doping rule violation to be committed.
[Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance requires proof of intent on the Athlete's part. The fact that intent may be required to prove this particular anti-doping rule violation does not undermine the strict liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method. An Athlete's "Use" of a Prohibited Substance constitutes an anti-doping rule violation unless such substance is not prohibited Out-of-Competition and the Athlete's Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition is a violation of Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers) regardless of when that substance might have been administered.)]
Refusing or failing without compelling justification to submit to Sample
collection after notification as authorized in these Anti-Doping Rules, or otherwise
evading Sample collection.
[Comment to Article 2.3: Failure or refusal to submit to Sample collection WBPF notification was prohibited in almost all pre-Code anti-doping rules. This Article expands the typical pre-Code rule to include "otherwise evading Sample collection" as prohibited conduct. Thus, for example, it would be an anti-doping rule violation if it were established that an Athlete was hiding from a Doping Control official to evade notification or Testing. A violation of "refusing or failing to submit to Sample collection" may be based on either intentional or negligent conduct of the Athlete, while "evading" Sample collection contemplates intentional conduct by the Athlete.]
Violation of applicable requirements regarding Athlete availability for Out-of-
Competition Testing, including failure to file required whereabouts information and
missed tests which are declared based on rules which comply with the International
Standard for Testing. Any combination of three missed tests and/or filing failures
within an eighteen-month period as determined by Anti-Doping Organizations with
jurisdiction over the Athlete shall constitute an anti-doping rule violation.
[Comment to Article 2.4: Separate whereabouts filing failures and missed tests declared under the rules of IF or any other Anti-Doping Organization with authority to declare whereabouts filing failures and missed tests in accordance with the International Standard for Testing shall be
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August 2009
combined in applying this Article. In appropriate circumstances, missed tests or filing failures may also constitute an anti-doping rule violation under Article 2.3 or Article 2.5.]
2.5
Tampering or Attempted Tampering with any part of Doping Control.
[Comment to Article 2.5: This Article prohibits conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. For example, altering identification numbers on a Doping Control form during Testing, breaking the B Bottle at the time of B Sample analysis or providing fraudulent information to an Anti-Doping Organization.]
2.6
Possession of Prohibited Substances and Methods
2.6.1 Possession by an
Athlete In-Competition of any
Prohibited Method or any
Prohibited Substance, or
Possession by an
Athlete Out-of-Competition of any
Prohibited Method or any
Prohibited Substance which is prohibited
Out-of-
Competition unless the
Athlete establishes that the
Possession is pursuant to a
therapeutic use exemption ("TUE") granted in accordance with Article 4.4
(Therapeutic Use) or other acceptable justification.
2.6.2 Possession by an
Athlete Support Personnel In-Competition of any
Prohibited Method or any
Prohibited Substance, or
Possession by an
Athlete
Support Personnel Out-of-Competition of any
Prohibited Method or any
Prohibited Substance which is prohibited
Out-of-Competition, in connection with
an
Athlete,
Competition or training, unless the
Athlete Support Personnel establishes that the
Possession is pursuant to a TUE granted to an
Athlete in
accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.
[Comment to Article 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or possessing a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician's prescription, e.g., buying Insulin for a diabetic child.] [Comment to Article 2.6.2: Acceptable justification would include, for example, a team doctor carrying Prohibited Substances for dealing with acute and emergency situations.]
2.7
Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited
Administration or Attempted administration to any Athlete In-Competition of
any Prohibited Method or Prohibited Substance, or administration or Attempted
administration to any Athlete Out-of-Competition of any Prohibited Method or any
Prohibited Substance that is prohibited Out-of-Competition, or assisting, encouraging,
aiding, abetting, covering up or any other type of complicity involving an anti-doping
rule violation or any Attempted anti-doping rule violation.
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[Comment to Article 2:
The Code does not make it an anti-doping rule violation for an
Athlete or other Person to work or associate with Athlete Support Personnel who are serving a period of Ineligibility. However, IF may adopt its own specific policy which prohibit such conduct. [Please insert here specific rules to that effect if applicable]
ARTICLE 3 PROOF OF DOPING
Burdens and Standards of Proof
WBPF and its
National Federations shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether IF
or its
National Federation has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Rules place the burden of proof upon the
Athlete or other
Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Articles 10.4 and 10.6, where the
Athlete must satisfy a higher burden of proof.
[Comment to Article 3.1: This standard of proof required to be met by WBPF
or its National Federation is comparable to the standard which is applied in most countries to cases involving professional misconduct. It has also been widely applied by courts and hearing panels in doping cases. See, for example, the CAS decision in N., J., Y., W. v. FINA, CAS 98/208, 22 December 1998.]
Methods of Establishing Facts and Presumptions
Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases:
[Comment to Article 3.2: For example, WBPF
or its National Federation may establish an anti-doping rule violation under Article 2.2 (Use or Attempted Use of a Prohibited Substance or Prohibited Method) based on the Athlete's admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete's blood or urine Samples.]
3.2.1 WADA-accredited laboratories are presumed to have conducted
Sample
analysis and custodial procedures in accordance with the
International Standard for Laboratories. The
Athlete or other
Person may rebut this presumption by
establishing that a departure from the
International Standard for Laboratories
occurred which could reasonably have caused the
Adverse Analytical Finding.
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August 2009
If the
Athlete or other
Person rebuts the preceding presumption by showing that a departure from the
International Standard for Laboratories occurred which could reasonably have caused the
Adverse Analytical Finding, then IF
or its
National Federation shall have the burden to establish that such departure did not cause the
Adverse Analytical Finding.
[Comment to Article 3.2.1: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard that could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person does so, the burden shifts to WBPF
or its National Federation to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]
3.2.2 Departures from any other
International Standard for Laboratories or
other anti-doping rule or policy which did not cause an
Adverse Analytical
Finding or other anti-doping rule violation shall not invalidate such results. If the
Athlete or other
Person establishes that a departure from another
International
Standard or other anti-doping rule or policy which could reasonably have caused
the
Adverse Analytical Finding or other anti-doping rule violation occurred, then
WBPF
or its
National Federation shall have the burden to establish that such a
departure did not cause the
Adverse Analytical Finding or the factual basis for the
anti-doping rule violation.
3.2.3 The facts established by a decision of a court or professional disciplinary
tribunal of competent jurisdiction which is not the subject of a pending appeal
shall be irrebuttable evidence against the
Athlete or other
Person to whom the
decision pertained of those facts unless the
Athlete or other
Person establishes that
the decision violated principles of natural justice.
3.2.4 The hearing panel in a hearing on an anti-doping rule violation may draw an
inference adverse to the
Athlete or other
Person who is asserted to have
committed an anti-doping rule violation based on the
Athlete's or other
Person's
refusal, after a request made in a reasonable time in advance of the hearing, to
appear at the hearing (either in person or telephonically as directed by the hearing
panel) and to answer questions either from the hearing panel or from
the
Anti-
Doping Organization asserting the anti-doping rule violation.
[Comment to Article 3.2.4: Drawing an adverse inference under these circumstances has been recognized in numerous CAS decisions.]
ARTICLE 4 THE PROHIBITED LIST
Incorporation of the Prohibited List
These Anti-Doping Rules incorporate the
Prohibited List which is published and revised by
WADA as described in Article 4.1 of the
Code. WBPF will make the current
Prohibited List
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available to each
National Federation, and each
National Federation shall ensure that the current
Prohibited List is available to its members and constituents.
[Comment to Article 4.1: The Prohibited List will be revised and published on an expedited basis whenever the need arises. However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made. The Prohibited List in force is available on WADA's website at www.wada-ama.org.The Prohibited List is an integral part of the International Convention against Doping in Sport.
Prohibited Substances and Prohibited Methods Identified on the Prohibited List
4.2.1 Prohibited Substances and
Prohibited Methods
Unless provided otherwise in the
Prohibited List and/or a revision, the
Prohibited List and revisions shall go into effect under these Anti-Doping
Rules three months after publication of the
Prohibited List by
WADA without requiring any further action by WBPF or its
National Federations. As described in Article 4.2 of the
Code, WBPF may request that
WADA expand the
Prohibited List for the sport of bodybuilding, fitness physique, athletic physique and model physique. WBPF may also request that
WADA include additional substances or methods, which have the potential for abuse in the sport of bodybuilding, fitness physique, athletic physique and model physique, in the monitoring program described in Article 4.5 of the
Code. As provided in the
Code,
WADA shall make the final decision on such requests by WBPF.
4.2.2 Specified Substances
For purposes of the application of Article 10 (Sanctions on Individuals), all
Prohibited Substances shall be "Specified Substances" except (a) substances in the
classes of anabolic agents and hormones; and (b) those stimulants and hormone
antagonists and modulators so identified on the
Prohibited List.
Prohibited Methods shall not be Specified Substances.
4.2.3 New Classes of Prohibited Substances
In the event WADA expands the Prohibited List by adding a new class of Prohibited
Substances in accordance with Article 4.1 of the Code, WADA's Executive
Committee shall determine whether any or all prohibited Substances within the new
class of Prohibited Substances shall be considered Specified Substances under
Article 4.2.2.
4.3
Criteria for Including Substances and Methods on the Prohibited List
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As provided in Article 4.3.3 of the
Code,
WADA's determination of the
Prohibited Substances and
Prohibited Methods that will be included on the
Prohibited List and the classification of substances into categories on the
Prohibited List is final and shall not be subject to challenge by an
Athlete or other
Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
Therapeutic Use
4.4.1 Athletes with a documented medical condition requiring the use of a
Prohibited Substance or a
Prohibited Method must first obtain a TUE.
The
presence of a
Prohibited Substance or its
Metabolites or
Markers (Article 2.1),
Use or
Attempted Use of a
Prohibited Substance or a
Prohibited Method (Article
2.2),
Possession of
Prohibited Substances or
Prohibited Methods (Article 2.6) or
Administration or
Attempted Administration of a
Prohibited Substance or
Prohibited Method (Article 2.8) consistent with the provisions of an applicable
TUE issued pursuant to the
International Standard for Therapeutic Use
Exemptions shall not be considered an anti-doping rule violation.
4.4.2 Subject to Article 4.4.4,
Athletes included by WBPF in its
Registered
Testing Pool and other
Athletes participating in an
International Event identified
by WBPF must obtain a TUE from WBPF (regardless of whether the
Athlete previously has received a TUE at the national level). The application for a TUE
must be made as soon as possible (in the case of an
Athlete in the
Registered
Testing Pool, this would be when he/she is first notified of his/her inclusion in the
pool) and in any event (save in emergency situations) no later than 21 days before
the
Athlete's participation in the
Event. TUE granted by WBPF shall be reported
to the
Athlete's National Federation and to
WADA.
4.4.3 Subject to Article 4.4.4,
Athletes who are not included by WBPF in its
Registered Testing Pool must obtain a TUE from their
National Anti-Doping
Organization or other body designated by their
National Federation, as required
under the rules of the
National Anti-Doping Organization or the
National
Federation. The application for a TUE must be made as soon as possible (in the
case of an
Athlete in the
Registered Testing Pool, this would be when he/she is
first notified of his/her inclusion in the pool) and in any event (save in emergency
situations) no later than 21 days before the
Athlete's participation in the
Event.
National Federations shall promptly report any such TUE to WBPF and
WADA.
4.4.4 As an exception to Articles 4.4.2 and 4.4.3, the
Use of inhaled
formoterol,
Glucocorticosteroids by non systemic routes namely, intraarticular, periarticular, peritendinous, epidural, intradermal injections and inhaled route may be authorized according to specific procedures outlined under Articles 7.13 and 8 of the
International Standard for Therapeutic Use Exemptions.
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4.4.4.1 In accordance with Article 7.13 of the
International Standard for
Therapeutic Use Exemptions, the use of inhaled formoterol, salbutamol, salmeterol or terbutaline to treat asthma or one of its clinical variants may be authorized according to the following rules
For all
Athletes included in the WBPF
Registered Testing Pool, a
regular
TUE needs to be approved before the
Use of the substance;
- For national-level
Athletes who are not included in the WBPF
Registered Testing Pool, whether or not they are part of a national
Registered Testing Pool, a TUE may be required before the
Use of the substance or not, in accordance with the rules of the
National Anti-Doping Organization or the
National Federation.
4.4.4.2 The
Use of Glucocorticosteroids by non systemic routes namely,
intraarticular, periarticular, peritendinous, epidural, intradermal injections and inhaled route may be authorized in accordance with Declaration of
Use Process described under Article 8 of the
International Standard for Therapeutic Use Exemptions.
4.4.5 WBPF shall appoint a panel to consider requests for TUE's (the
"TUE
Panel
") in accordance with the
International Standard for Therapeutic Use
Exemptions. The TUE Panel member(s) shall promptly evaluate the request in
accordance with the
International Standard for Therapeutic Use Exemptions and
render a decision on such request, which shall be the final decision of WBPF.
4.4.6 WADA, on its own initiative, may review at any time the granting of a
TUE to any
International-Level Athlete or national-level
Athlete who is included
in his or her
National Anti-Doping Organization or National Federation's
Registered Testing Pool. Further, upon any request of any such
Athlete who has
been denied a
TUE,
WADA may review such denial. If
WADA determines that
such granting or denial of a TUE did not comply with the
International Standard for Therapeutic Use Exemptions,
WADA may reverse that decision. Decisions on
TUE's are subject to further appeal as provided in Article 13.
ARTICLE 5 TESTING
Authority to Test
All
Athletes under the jurisdiction of a
National Federation shall be subject to
Testing by WBPF, the
Athlete's National Federation, and any other
Anti-Doping Organization responsible for
Testing at a
Competition or
Event in which they participate. All
Athletes under the jurisdiction of a
National Federation, including
Athletes serving a period of ineligibility or a
Provisional Suspension, shall be subject to
Testing at any time or place, with or without advance notice,
In-Competition or
Out-of-Competition by WBPF,
WADA, the
Athlete's National Federation, the
National Anti-Doping Organization of any country
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August 2009
where the
Athlete is present or of which the
Athlete is national, resident, or member of a sport organization, the IOC in connection with the Olympic Games, the IPC in connection with Paralympic Games, and any other
Anti-Doping Organization responsible for
Testing at a
Competition or
Event in which they participate.
All
Athletes must comply with any request for
Testing by any
Anti-Doping Organization with
Testing jurisdiction.
Test Distribution Plan
In coordination with other
Anti-Doping Organizations conducting
Testing on the same
Athletes, and consistent with the
International Standard for
Testing, WBPF and its
National Federations shall:
5.2.1 Plan and conduct an effective number of
In-Competition and
Out-of-Competition tests on
Athletes
over whom they have jurisdiction, including but not limited to
Athletes
in their respective
Registered Testing Pools. 5.2.2 Except in exceptional circumstances all
Out-of-Competition Testing shall be
No Advance Notice. 5.2.3 Make
Target Testing a priority. 5.2.4 Conduct
Testing on
Athletes serving a period of
Ineligibility or a
Provisional Suspension.
5.3
Standards for Testing
Testing conducted by WBPF and its
National Federations shall be in substantial conformity with the
International Standard for
Testing in force at the time of
Testing.
5.3.1 Blood (or other non-urine)
Samples may be used to detect
Prohibited
Substances or
Prohibited Methods, for screening procedure purposes, or for
longitudinal hematological profiling ("the passport").
Coordination of Testing
5.4.1
Event Testing The collection of
Samples for
Doping Control shall take place at both
International Events and
National Events. However, except as otherwise provided below, only a single organization should be responsible for initiating and directing
Testing during the
Event Period. At
International Events, the collection of
Doping Control Samples shall be initiated and directed by the international organization which is the ruling body for the
Event (e.g., the International Olympic Committee for the Olympic Games, WBPF for a World Championship, Continental Federations for Continental Championships and Pan-American Sports Organisation for the Pan American Games). At
National Events, the
WBPF Anti-Doping Rules
August 2009
collection of
Doping Control Samples shall be initiated and directed by the designated
National Anti-Doping Organization or
National Federation of that country.
5.4.1.1 If WBPF or its
National Federations nevertheless desires to conduct additional
Testing of
Athletes at an
Event for which they are not responsible for initiating and directing
Testing during the
Event Period, IF or its
National Federations shall first confer with the ruling body of the
Event to obtain permission to conduct, and to
coordinate, any additional
Testing. If WBPF or its
National Federations are not satisfied with the response from the ruling body of the
Event, WBPF or its
National Federations may ask
WADA for permission to conduct additional
Testing and to determine how to coordinate such additional
Testing.
5.4.2
Out-of-Competition Testing Out-of-Competition Testing shall be initiated and directed by both international and national organizations.
Out-of-Competition Testing may be initiated and directed by: (a)
WADA; (b) the International Olympic Committee or International Paralympic Committee in connection with the Olympic Games or Paralympic Games; (c) WBPF Continental Federations or the
Athlete's
National Federation; or (d) any other
Anti-Doping Organization that has
Testing jurisdiction over the
Athlete as provided in Article 5.1 (Authority to Test).
Out-of-Competition Testing shall be coordinated through
ADAMS where reasonably feasible in order to maximize the effectiveness of the combined
Testing effort and to avoid unnecessary repetitive
Testing of individual
Athletes. 5.4.3
Report
WBPF and
National Federations shall promptly report completed tests through the
WADA clearinghouse in accordance with article 14.5 to avoid unnecessary duplication in
Testing.
Athlete Whereabouts Requirements
5.5.1 WBPF shall identify a
Registered Testing Pool of those
Athletes who are
required to comply with the whereabouts requirements of the
International Standard for
Testing, and shall publish the criteria for
Athletes to be included in
this
Registered Testing Pool as well as a list of the
Athletes meeting those criteria
for the period in question. WBPF shall review and update as necessary its criteria
for including
Athletes in its
Registered Testing Pool, and shall revise the
membership of its
Registered Testing Pool from time to time as appropriate in
accordance with the set criteria. Each
Athlete in the
Registered Testing Pool (a)
shall advise WBPF of his/her whereabouts on a quarterly basis, in the manner set
out in Article 11.3 of the
International Standard for
Testing; (b) shall update that
information as necessary, in accordance with Article 11.4.2 of the
International
WBPF Anti-Doping Rules
August 2009
Standard for
Testing, so that it remains accurate and complete at all times; and (c) shall make him/herself available for Testing at such whereabouts, in accordance with Article 11.4 of the
International Standard for
Testing.
Members of the WBPF Registered Testing Pool are:
medal winners of the latest World and Continental Championships
medal winners of IOC recognized Games
WBPF Medical and Anti-Doping Committee can include any other Athlete, Member of
National Team in the Registered Testing Pool by written notice to the National Federation of the Athlete concerned.
If an Athlete no longer fulfills any of the above criteria, he will remain in the Registered
Testing Pool until end of the Calendar year.
The list of Athletes in the Registered Testing Pool shall be available on the WBPF website.
[
Comment to Article 5.5.1: The purpose of the WBPF
Registered Testing Pool is to identify top-level International Athletes who the WBPF
requires to provide whereabouts information to facilitate Out-of-Competition Testing by WBPF
and other Anti-Doping Organizations with jurisdiction over the Athletes. WBPF
will identify such Athletes in accordance with the requirements of Articles 4 and 11.2 of the International Standard for Testing.
Every National Federation shall report to IF [the performances, names and addresses of all Athletes whose performances fall within the Registered Testing Pool criteria established by WBPF
].]
5.5.2 An
Athlete's failure to advise WBPF of his/her whereabouts shall be
deemed a filing failure for purposes of Article 2.4 where the conditions of Article
11.3.5 of the
International Standard for
Testing are met.
5.5.3 An
Athlete's failure to be available for
Testing at his/her declared
whereabouts shall be deemed a missed test for purposes of Article 2.4 where the
conditions of Article 11.4.3 of the
International Standard for
Testing are met.
5.5.4 Each
National Federation shall also assist its
National Anti-Doping
Organization in establishing a national level
Registered Testing Pool of top level
national
Athletes to whom the whereabouts requirements of the
International
Standard for
Testing shall also apply. Where those
Athletes are also in the
WBPF's
Registered Testing Pool, the WBPF and the
National Anti-Doping
Organization will agree (with the assistance of
WADA if required) on which of
them will take responsibility for receiving whereabouts filings from the
Athlete
and sharing it with the other (and with other
Anti-Doping Organizations) in
accordance with Article 5.5.5.
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August 2009
5.5.5 Whereabouts information provided pursuant to Articles 5.5.1 and 5.5.4
shall be shared with
WADA and other
Anti-Doping Organizations having
jurisdiction to test an
Athlete in accordance with Articles 11.7.1(d) and 11.7.3(d)
of the
International Standard for
Testing, including the strict condition that it be
used only for
Doping Control purposes.
Retirement and Return to Competition
5.6.1 An
Athlete who has been identified by WBPF for inclusion in
WBPF's Registered Testing Pool shall continue to be subject to these Anti-Doping Rules,
including the obligation to comply with the whereabouts requirements of the
International Standard for
Testing unless and until the
Athlete gives written
notice to WBPF that he or she has retired or until he or she no longer satisfies the
criteria for inclusion in WBPF's
Registered Testing Pool and has been so
informed by IF.
5.6.2 An
Athlete who has given notice of retirement to WBPF may not resume
competing unless he or she notifies WBPF at least six (6) months before he or she
expects to return to competition and makes him/herself available for unannounced
Out-of-Competition Testing, including (if requested) complying with the
whereabouts requirements of the
International Standard for
Testing, at any time
during the period before actual return to competition.
5.6.3 National Federations/National Anti-Doping Organizations may establish
similar requirements for retirement and returning to competition for
Athletes in
the national
Registered Testing Pool.
Selection of Athletes to be Tested
5.7.1 At
International Events, WBPF Medical and Anti-Doping Committee
shall determine the number of finishing placement tests, random tests and target
tests to be performed. The WBPF shall target a certain number of Athletes not
necessarily linked to final placements in order to maximize the diversity of
Athletes tested.
5.7.2 At
National, Regional and Continental Events, the Medical or Anti-
Doping Committee of each
National, Regional or Continental Federation shall
determine the number of Athletes selected for
Testing in each
Competition and the
procedures for selecting the
Athletes for
Testing.
5.7.3 In addition to the selection procedures set forth in Articles 5.7.1 and 5.7.2
above, WBPF Medical and Anti-Doping Committee at
International Events, and
the
National Federation at
National Events, may also select
Athletes for
Target
Testing so long as such
Target Testing is not used for any purpose other than
legitimate
Doping Control purposes.
5.7.4 Athletes shall be selected for
Out-of-Competition Testing by the WBPF
Medical and Anti-Doping Committee and by
National Federations through a
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August 2009
process that substantially complies with the
International Standard for
Testing in force at the time of selection.
5.8 WBPF and the organizing committees for WBPF
Events, as well as the
National
Federations and the organizing committees for
National Federation Events, shall provide
access to independent observers
at
Events in accordance with the
Independent Observers
Program.
5.9 An
Athlete who is not regular member of WBPF or one of its
National Federations
will not be permitted to compete unless he or she is available for
Sample collection and
where applicable, he/she provides accurate and up-to-date whereabouts information as
part of the WBPF's a National Federation's
Registered Testing Pool at least two months
before he or she expects to compete.
ARTICLE 6 ANALYSIS OF SAMPLES
Doping Control Samples collected under these Anti-Doping Rules shall be analyzed in accordance with the following principles:
Use of Approved Laboratories
For purposes of Article 2.1 (Presence of a
Prohibited Substance or its
Metabolites or
Markers), WBPF or its
National Federations shall send
Samples for analysis only to
WADA-accredited laboratories or as otherwise approved by
WADA. The choice of the
WADA-accredited laboratory (or other laboratory or method approved by
WADA) used for the
Sample analysis shall be determined exclusively by WBPF or its
National Federations.
Purpose of Collection and Analysis of Samples
Samples shall be analyzed to detect
Prohibited Substances and
Prohibited Methods identified on the
Prohibited List and other substances as may be directed by
WADA pursuant to the Monitoring Program described in Article 4.5 of the
Code or to assist WBPF or its
National Federations in profiling relevant parameters in an
Athlete's urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes.
Research on Samples
No
Sample may be used for any purpose other than as described in Article 6.2 without the
Athlete's written consent.
Samples used (with the Athlete's consent) for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced back to a particular
Athlete.
Standards for Sample Analysis and Reporting
Laboratories shall analyze
Doping Control Samples and report results in conformity with the
International Standard for Laboratories.
WBPF Anti-Doping Rules
August 2009
6.5 Retesting Samples
A
Sample may be reanalyzed for the purposes described in Article 6.2 at any time
exclusively at the direction of the
Anti-Doping Organization that collected the
Sample or
WADA. The circumstances and conditions for retesting
Samples shall conform with the
requirements of the
International Standard for Laboratories.
ARTICLE 7 RESULTS MANAGEMENT
Results Management for Tests Initiated by WBPF
Results management for tests initiated by WBPF (including tests performed by
WADA pursuant to agreement with WBPF) shall proceed as set forth below:
7.1.1 The results from all analyses must be sent to WBPF in encoded form, in a
report signed by an authorised representative of the laboratory. All communication
must be conducted in confidentiality and in conformity with
ADAMS, a database
management tool developed by
WADA.
ADAMS is consistent with data privacy
statutes and norms applicable to
WADA and other organizations using it.
7.1.2 Upon receipt of an A
Sample Adverse Analytical Finding, WBPF shall
conduct an initial review to determine whether: (a) an applicable
TUE has been
granted or will be granted as provided in the
International Standard for Therapeutic
Use Exemptions, or (b) there is any apparent departure from the
International
Standard for
Testing or
International Standard for Laboratories that caused the
Adverse Analytical Finding.
7.1.2.1 The WBPF Executive Council shall appoint a Doping Review
Panel consisting of a Chair and four (4) other members with experience in
anti-doping. Each panel member shall serve a term of four years. In each
case the Chair of the panel shall appoint 1 or more members of the panel
(which may include the Chair) to conduct the review discussed in Articles
7.1.2 and 7.1.8 and to review any other potential violations of these Anti-
Doping Rules as may be requested by WBPF.
7.1.3 When the
Adverse Analytical Finding is for formoterol, salbutamol,
salmeterol or terbutaline and the
Athlete, in view of his category, does not need a
regular
TUE before the
Use of the substance in accordance with Article 4.4.4 and
Article 7.13 of the
International Standard for Therapeutic Use Exemptions, then,
before WBPF completes its review under Article 7.1.2, the
Athlete shall be given
an opportunity to apply to the TUE Panel for a Retroactive TUE in accordance
with Article 7.13 of the
International Standard for Therapeutic Use Exemptions.
When the
Adverse Analytical Finding is for a Glucocorticosteroid, WBPF shall
check whether that a declaration of use is in place for the non-systemic use of
Glucocorticosteroids.
WBPF Anti-Doping Rules
August 2009
7.1.4 If the initial review of an
Adverse Analytical Finding under Article 7.1.2
does not reveal an applicable
TUE or entitlement to a
TUE as provided in the
International Standard for Therapeutic Use Exemptions, or departure that caused the
Adverse Analytical Finding, WBPF shall promptly notify the Athlete, in the manner
set out in Article 19, of: (a) the
Adverse Analytical Finding; (b) the anti-doping rule
violated; (c) the
Athlete's right to promptly request the analysis of the B
Sample or,
failing such request, that the B
Sample analysis may be deemed waived; (d) the
scheduled date, time and place for the B
Sample analysis if the
Athlete or IF chooses
to request an analysis of the B
Sample; (e) the opportunity for the
Athlete and/or the
Athlete's representative to attend the B
Sample opening and analysis within the time
period specified in the
International Standard for Laboratories if such analysis is
requested; and (f) the
Athlete's right to request copies of the A and B
Sample laboratory documentation package which includes information as required by the
International Standard for Laboratories. WBPF shall also notify the
Athlete's
National Anti-Doping Organization and
WADA. If WBPF decides not to bring
forward the
Adverse Analytical Finding as an anti-doping rule violation, it shall so
notify the
Athlete, the
Athlete's
National Anti-Doping Organization and
WADA.
7.1.5 Where requested by the
Athlete or WBPF, arrangements shall be made for
Testing the B
Sample within the time period specified in the
International Standard
for
Laboratories. An
Athlete may accept the A
Sample analytical results by waiving
the requirement for B
Sample analysis. WBPF may nonetheless elect to proceed
with the B
Sample analysis.
7.1.6 The
Athlete and/or his representative shall be allowed to be present at the
analysis of the B
Sample within the time period specified in the
International
Standard for Laboratories. Also a representative of the
Athlete's
National Federation as well as a representative of WBPF shall be allowed to be present.
7.1.7 If the B
Sample proves negative, then (unless WBPF takes the case forward
as an anti-doping rule violation under Article 2.2) the entire test shall be considered
negative and the
Athlete, his
National Federation, and WBPF IF shall be so
informed.
7.1.8 If a
Prohibited Substance or the
Use of a
Prohibited Method is identified,
the findings shall be reported to the
Athlete, his
National Federation, WBPF, and to
WADA.
7.1.9 WBPF shall conduct any follow-up investigation into a possible anti-
doping rule violation not covered by Articles 7.1.1 to 7.1.8. At such time as WBPF
is satisfied that an anti-doping rule violation has occurred, it shall promptly give the
Athlete or other
Person subject to sanction notice, in the manner set out in Article
19, of the anti-doping rule violated, and the basis of the violation. WBPF shall also
notify the
Athlete's
National Anti-Doping Organization and
WADA.
WBPF Anti-Doping Rules
August 2009
Review of Atypical Findings
7.2.1 As provided in the
International Standards, in some circumstances
laboratories are directed to report the presence of
Prohibited Substances, which may
also be produced endogenously as
Atypical Findings subject to further investigation.
7.2.2 Upon receipt of an A
Sample Atypical Finding, WBPF shall conduct an
initial review to determine whether: (a) an applicable
TUE has been granted, or (b)
there is any apparent departure from the
International Standard for
Testing or
International Standard for Laboratories that caused the
Atypical Finding.
7.2.3 If the initial review of an
Atypical Finding under Article 7.2.2 reveals an
applicable TUE or departure from the
International Standard for
Testing or the
International Standard for Laboratories that caused the
Atypical Finding, the entire
test shall be considered negative and the
Athlete, the
Athlete's
National Anti-Doping
Organization, and
WADA shall be so informed.
7.2.4 If that initial review does not reveal an applicable
TUE or departure that
caused the
Atypical Finding, WBPF shall conduct the required investigation. After
the investigation is completed, the
Athlete, WADA and the
Athlete's
National Anti-
Doping Organization shall be notified whether or not the
Atypical Finding will be
brought forward as an
Adverse Analytical Finding. The
Athlete shall be notified as
provided in Article 7.1.4.
7.2.5 WBPF will not provide notice of an
Atypical Finding until it has completed
its investigation and has decided whether it will bring the
Atypical Finding forward
as an
Adverse Analytical Finding unless one of the following circumstances exists:
(a) If WBPF determines the B
Sample should be analyzed prior to the conclusion of its follow-up investigation, it may conduct the B
Sample analysis after notifying the
Athlete, with such notice to include a description of the
Atypical Finding and the information described in Article 7.1.4(b) to (f).
(b) If WBPF receives a request, either from a
Major Event Organization shortly before one of its
International Events or a request from a sport organization responsible for meeting an imminent deadline for selecting team members for an
International Event, to disclose whether any
Athlete identified on a list provided by the
Major Event Organization or sport organization has a pending
Atypical Finding, WBPF shall so identify any such
Athlete after first providing notice of the
Atypical Finding to the
Athlete.
Results Management for Tests Initiated During Other International Events
Results management and the conduct of hearings from a test by the International Olympic Committee, the International Paralympic Committee, or a Major Event Organization, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by WBPF.
WBPF Anti-Doping Rules
August 2009
Results Management for Tests initiated by National Federations
Results management conducted by
National Federations shall be consistent with the general principles for effective and fair results management which are underlined in the detailed provisions set forth in this Article 7.
Adverse Analytical findings,
Atypical Findings and other asserted violations of anti-doping rules shall be reported by
National Federations in accordance with the principles outlined in this Article 7 to the
Athlete's
National Anti-Doping Organization, WBPF and
WADA no later than the completion of the
National Federation's results management process. Any apparent anti-doping rule violation by an
Athlete who is a member of that
National Federation shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the
National Federation, National Anti-Doping Organization or national law. Apparent anti-doping rule violations by
Athletes who are members of another
National Federation shall be referred to the
Athlete's National Federation for hearing.
Results Management for Whereabouts Violations
7.5.1 Results management in respect of an apparent
Filing Failure by an
Athlete in WBPF's
Registered Testing Pool shall be conducted by WBPF in accordance
with Article 11.6.2 of the
International Standard for
Testing (unless it has been
agreed in accordance with Article 5.5.4 that the
National Federation or
National
Anti-Doping Organization shall take such responsibility).
7.5.2 Results management in respect of an apparent Missed Test
by an
Athlete in
WBPF's
Registered Testing Pool as a result of an attempt to test the
Athlete by or on
behalf of WBPF shall be conducted by WBPF in accordance with Article 11.6.3 of
the
International Standard for Testing. Results management in respect of an
apparent Missed Test by such
Athlete as a result of an attempt to test the
Athlete by
or on behalf of another
Anti-Doping Organization shall be conducted by that other
Anti-Doping Organization in accordance with Article 11.7.6(c) of the
International
Standard for
Testing.
7.5.3 Where, in any eighteen-month period, an
Athlete in WBPF's
Registered
Testing Pool is declared to have three Filing Failures, or three Missed Tests, or any
combination of Filing Failures
or Missed Tests
adding up to three in total, whether
under these Anti-Doping Rules or under the rules of any other
Anti-Doping
Organization, WBPF shall bring them forward as an apparent anti-doping rule
violation.
Provisional Suspensions
7.6.1 If analysis of an A
Sample has resulted in an
Adverse Analytical Finding
for a
Prohibited Substance that is not a Specified Substance, and a review in
accordance with Article 7.1.2 does not reveal an applicable TUE or departure from
the
International Standard for
Testing or the
International Standard for Laboratories
that caused the
Adverse Analytical Finding, a
Provisional Suspension shall be
imposed promptly after the review and notification described in Article 7.1.
WBPF Anti-Doping Rules
August 2009
7.6.2 In any case not covered by Article 7.6.1 where WBPF decides to take the
matter forward as an apparent anti-doping rule violation in accordance with the
foregoing provisions of this Article 7, a
Provisional Suspension may be imposed
after the review and notification described in Article 7.1, but prior to the analysis of
the
Athlete's B
Sample or the final hearing as described in Article 8 (Right to a Fair
Hearing).
7.6.3 However, a
Provisional Suspension may not be imposed, whether pursuant
to Article 7.6.1 or Article 7.6.2, unless the
Athlete or other
Person is given either (a)
an opportunity for a
Provisional Hearing either
before imposition of the
Provisional
Suspension or on a timely basis after imposition of the
Provisional Suspension; or
(b) an opportunity for an expedited hearing in accordance with Article 8 (Right to a
Fair Hearing) on a timely basis after imposition of a
Provisional Suspension. National Federations shall impose
Provisional Suspensions in accordance with the
principles set forth in this Article 7.6.
7.6.4 If a
Provisional Suspension is imposed based on an
A Sample Adverse
Analytical Finding and a subsequent B
Sample analysis (if requested by the
Athlete or
Anti-Doping Organization) does not confirm the A
Sample analysis,
then the
Athlete shall not be subject to any further
Provisional Suspension on
account of a violation of Article 2.1 of the
Code (Presence of a
Prohibited
Substance or its
Metabolites or
Markers). In circumstances where the
Athlete (or
the
Athlete's team as may be provided in these anti-doping rules) has been
removed from a
Competition based on a violation of Article 2.1 and the
subsequent B
Sample analysis does not confirm the A
Sample finding, if, without
otherwise affecting the
Competition, it is still possible for the
Athlete or team to
be reinserted, the
Athlete or team may continue to take part in the
Competition.
7.7 Retirement from Sport If an
Athlete or other
Person retires while a results management process is underway,
WBPF or its
National Federations conducting the results management process retains
jurisdiction to complete its results management process. If an
Athlete or other
Person
retires before any results management process has begun and WBPF or its
National
Federations would have had results management jurisdiction over the
Athlete or other
Person at the time the
Athlete or other
Person committed an anti-doping rule violation,
WBPF or its
National Federations have jurisdiction to conduct results management.
ARTICLE 8 RIGHT TO A FAIR HEARING
Hearings following WBPF's result management
8.1.1 When it appears, following the Results Management process performed
by WBPF in accordance with Article 7, that these Anti-Doping Rules have been
violated then the case shall be assigned to the WBPF Doping Hearing Panel for
adjudication.
WBPF Anti-Doping Rules
August 2009
8.1.2 Hearings pursuant to this Article shall be completed expeditiously
following the completion of the results management process described in Article
7. Hearings held in connection with
Events may be conducted on an expedited
basis. If the
Athlete has been imposed a
Provisional Suspension as per Article 7.6,
the
Athlete has the right to request that the hearing be conducted on an expedited
basis.
8.1.3 The
National Federation of the
Athlete or other
Person alleged to have
violated these Anti-Doping Rules may attend the hearing as an observer.
8.1.4 WBPF shall keep WADA fully apprised as to the status of pending cases
and the result of all hearings.
8.1.5 An
Athlete or other
Person may forego a hearing by acknowledging the
Anti-Doping Rule violation and accepting
Consequences consistent with Articles
9 and 10 as proposed by WBPF. The right to a hearing may be waived either
expressly or by the
Athlete's or other
Person's failure to challenge WBPF's
assertion that an anti-doping rule violation has occurred within 30 days. Where no
hearing occurs, WBPF shall submit to the
Persons described in Article 13.2.3 a
reasoned decision explaining the action taken.
8.1.6 Decisions of the WBPF Doping Hearing Panel may be appealed to the
Court of Arbitration for Sport as provided in Article 13.
Hearings following National Federations result management
8.2.1 When it appears, following the Results Management process performed by
National Federations in accordance with Article 7, that these Anti-Doping Rules
have been violated in connection, the
Athlete or other
Person involved shall be
brought before a disciplinary panel of the
Athlete or other
Person's National
Federation or
National Anti-Doping Organization in accordance with the rules of
the
National Federation or the
National Anti-Doping Organization for a hearing
to adjudicate whether a violation of these Anti-Doping Rules occurred and if so
what
Consequences should be imposed.
8.2.2 Hearings pursuant to this Article 8.2 shall be completed expeditiously and
in all cases within three months of the completion of the Results Management
process described in Article 7. Hearings held in connection with
Events may be
conducted by an expedited process. If the
Athlete has been imposed a
Provisional
Suspension as per Article 7.6, the
Athlete has the right to request that the hearing
be conducted on an expedited basis. If the completion of the hearing is delayed
beyond three months, WBPF may elect to bring the case directly before the
WBPF Doping Hearing Panel at the responsibility and at the expense of the
National Federation.
8.2.3 National Federations shall keep WBPF and
WADA fully apprised as to the
status of pending cases and the results of all hearings.
WBPF Anti-Doping Rules
August 2009
8.2.4 WBPF and
WADA shall have the right to attend hearings as an observer.
8.2.5 The
Athlete or other
Person may forego a hearing by acknowledging the
violation of these Anti-Doping Rules and accepting
Consequences consistent with
Articles 9 and 10 as proposed by the
National Federation. The right to a hearing
may be waived either expressly or by the
Athlete's or other
Person's failure to
challenge the
National Federation's assertion that an anti-doping rule violation
has occurred within thirty (30) days. Where no hearing occurs, the
National
Federation shall submit to the
Persons described in Article 13.2.3 a reasoned
decision explaining the action taken.
8.2.6 Decisions
Federations
Anti-Doping
Organizations, whether as the result of a hearing or the
Athlete or other
Person's acceptance of
Consequences,
may be appealed as provided in Article 13.
Principles for a Fair Hearing
All hearings pursuant to either Article 8.1 or 8.2 shall respect the following principles:
• a timely hearing;
• fair and impartial hearing panel;
• the right to be represented by counsel at the
Person's own expense;
• the right to be informed in a fair and timely manner of the asserted anti-doping rule
• the right to respond to the asserted anti-doping rule violation and resulting
Consequences;
• the right of each party to present evidence, including the right to call and question
witnesses (subject to the hearing panel's discretion to accept testimony by telephone or written submission);
• the
Person's right to an interpreter at the hearing, with the hearing panel to determine
the identity, and responsibility for the cost of the interpreter; and
• a timely, written, reasoned decision, specifically including an explanation of the
reason(s) for any period of
Ineligibility.]
* At the discretion of WBPF Anti-doping Hearing panel, and where circumstances
warrant, a hearing may be conducted by written submission so long as the rights of the
athlete or other person as detailed in these Rules are respected.
WBPF Anti-Doping Rules
August 2009
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.
ARTICLE 10 SANCTIONS ON INDIVIDUALS
Disqualification of Results in 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.
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.
Ineligibility for Presence, Use or Attempted Use, or Possession of Prohibited
Substances and Prohibited Methods
The period of
Ineligibility imposed for a violation of Article 2.1 (Presence of
Prohibited Substance or its
Metabolites or
Markers), Article 2.2 (
Use or
Attempted Use of
Prohibited Substance or
Prohibited Method) or Article 2.6 (
Possession of
Prohibited Substances and
Prohibited Methods) shall be as follows, unless the conditions for eliminating or reducing the period of
Ineligibility, as provided in Articles 10.4 and 10.5, or the conditions for increasing the period of
Ineligibility, as provided in Article 10.6, are met:
First violation: Two (2) years'
Ineligibility.
Ineligibility for Other Anti-Doping Rule Violations
The period of
Ineligibility for violations of these Anti-Doping Rules other than as provided in Article 10.2 shall be as follows:
10.3.1 For violations of Article 2.3 (Refusing or Failing to Submit to
Sample collection) or Article 2.5 (
Tampering with
Doping Control), the
Ineligibility period shall be two (2) years unless the conditions provided in Article 10.5, or the
conditions provided in Article 10.6, are met.
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10.3.2 For violations of Article 2.7 (
Trafficking) or Article 2.8 (Administration or
Attempted Administration of
Prohibited Substance or
Prohibited Method), the
period of
Ineligibility imposed shall be a minimum of four (4) years up to lifetime
Ineligibility unless the conditions provided in Article 10.5 are met. An anti-
doping rule violation involving a
Minor shall be considered a particularly serious
violation, and, if committed by
Athlete Support Personnel for violations other
than Specified Substances referenced in Article 4.2.2 shall result in lifetime
Ineligibility for
Athlete Support Personnel. In addition, significant violations of
Articles 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.
10.3.3 For violations of Article 2.4 (Whereabouts Filing Failures and/ or Missed
Tests), the period of
Ineligibility shall be at a minimum one (1) year and at a
maximum two (2) years based on the
Athlete's degree of fault.
10.4 Elimination or Reduction of the Period of Ineligibility for Specified Substances
under Specific Circumstances
Where an
Athlete or other
Person can establish how a Specified Substance entered his or her body or came into his or her
Possession and that such Specified Substance was not intended to enhance the
Athlete's sport performance or mask the
Use of a performance-enhancing substance, the period of
Ineligibility found in Article 10.2 shall be replaced with the following: First violation: At a minimum, a reprimand and no period of
Ineligibility from future
Events, and at a maximum, two (2) years of
Ineligibility. To justify any elimination or reduction, the
Athlete or other
Person must produce corroborating evidence in addition to his or her word which establishes to the comfortable satisfaction of the hearing panel the absence of an intent to enhance sport performance or mask the
Use of a performance enhancing substance. The
Athlete's or other
Person's degree of fault shall be the criterion considered in assessing any reduction of the period of
Ineligibility.
Elimination or Reduction of Period of Ineligibility Based on Exceptional
10.5.1 No Fault or Negligence
If an
Athlete establishes in an individual case that he or she bears
No Fault or Negligence, the otherwise applicable period of
Ineligibility shall be eliminated. When a
Prohibited Substance or its
Markers or
Metabolites is detected in an
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Athlete's Sample in violation of Article 2.1 (Presence of
Prohibited Substance), the
Athlete must also establish how the
Prohibited Substance entered his or her system in order to have the period of
Ineligibility eliminated. In the event this Article is applied and the period of
Ineligibility otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a violation for the limited purpose of determining the period of
Ineligibility for multiple violations under Article 10.7.
10.5.2 No Significant Fault or Negligence
If an
Athlete or other
Person establishes in an individual case that he or she bears
No Significant Fault or Negligence, then the otherwise applicable period of
Ineligibility may be reduced, 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 (8) years. When a
Prohibited Substance or its
Markers or
Metabolites is detected in an
Athlete's Sample in violation of Article 2.1 (Presence of a
Prohibited Substance or its
Metabolites or
Markers), the
Athlete must also establish how the
Prohibited Substance entered his or her system in order to have the period of
Ineligibility reduced.
10.5.3 Substantial Assistance in Discovering or Establishing Anti-Doping Rule
Violations
WBPF or its
National Federations 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 where the
Athlete or other
Person has provided
Substantial Assistance to an
Anti-Doping Organization, criminal authority or professional disciplinary body which results in
the
Anti-Doping Organization discovering or establishing an anti-doping rule violation by another
Person or which results in a criminal or disciplinary body discovering or establishing a criminal offense or the breach of professional rules by another
Person. After a final appellate decision under Article 13 or the expiration of time to appeal, WBPF may only suspend a part of the otherwise applicable period of
Ineligibility with the approval of
WADA. After a final appellate decision under Article 13 or the expiration of time to appeal,
National Federations may only suspend a part of the otherwise applicable period of
Ineligibility with the approval of WBPF and
WADA. 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 (8) years. If WBPF or its
National Federations
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suspend any part of the otherwise applicable period of
Ineligibility under this Article, they shall promptly provide a written justification for its decision to each
Anti-Doping Organization having a right to appeal the decision. If WBPF or its
National Federations subsequently reinstate any part of the suspended period of
Ineligibility because the
Athlete or other
Person has failed to provide the
Substantial Assistance which was anticipated, the
Athlete or other
Person may appeal the reinstatement pursuant to Article 13.2.
10.5.4 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.
10.5.5 Where an
Athlete or Other
Person Establishes Entitlement to Reduction in
Sanction under More than One Provision of this Article
Before applying any reduction or suspension under Articles 10.5.2, 10.5.3 or
10.5.4, the otherwise applicable period of
Ineligibility shall be determined in
accordance with Articles 10.2, 10.3, 10.4 and 10.6. If the
Athlete or other
Person establishes entitlement to a reduction or suspension of the period of
Ineligibility under two or more of Articles 10.5.2, 10.5.3 or 10.5.4, then the period of
Ineligibility may be reduced or suspended, but not below one-fourth of the
otherwise applicable period of
Ineligibility.
10.6 Aggravating Circumstances Which May Increase the Period of Ineligibility
If WBPF or its
National Federations establishes in an individual case involving an anti-doping rule violation other than violations under Articles 2.7 (
Trafficking or
Attempted Trafficking) and 2.8 (Administration or
Attempted Administration) that aggravating circumstances are present which justify the imposition of a period of
Ineligibility greater than the standard sanction, then the period of
Ineligibility otherwise applicable shall be increased up to a maximum of four (4) years unless the
Athlete or other
Person can prove to the comfortable satisfaction of the hearing panel that he did not knowingly commit the anti-doping rule violation.
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An
Athlete or other
Person can avoid the application of this Article by admitting the anti-doping rule violation as asserted promptly after being confronted with the anti-doping rule violation by WBPF or its
National Federations.
10.7 Multiple Violations
10.7.1 Second Anti-Doping Rule Violation
For an
Athlete's or other
Person's first anti-doping rule violation, the period of
Ineligibility is set forth in Articles 10.2 and 10.3 (subject to elimination, reduction
or suspension under Articles 10.4 or 10.5, or to an increase under Article 10.6).
For a second anti-doping rule violation the period of Ineligibility shall be within
the range set forth in the table below.
Second Violation
First Violation
Definitions for purposes of the second anti-doping rule violation table:
RS (Reduced sanction for Specified Substance under Article 10.4): The anti-
doping rule violation was or should be sanctioned by a reduced sanction under
Article 10.4 because it involved a Specified Substance and the other conditions
under Article 10.4 were met.
FFMT (Filing Failures and/or Missed Tests): The anti-doping rule violation was
or should be sanctioned under Article 10.3.3 (Filing Failures and/or Missed
Tests).
NSF (Reduced sanction for
No Significant Fault or
Negligence): The anti-doping
rule violation was or should be sanctioned by a reduced sanction under Article
10.5.2 because
No Significant Fault or
Negligence under Article 10.5.2 was
proved by the
Athlete.
St (Standard sanction under Articles 10.2 or 10.3.1): The anti-doping rule
violation was or should be sanctioned by the standard sanction of two (2) years
under Articles 10.2 or 10.3.1.
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AS (Aggravated sanction): The anti-doping rule violation was or should be
sanctioned by an aggravated sanction under Article 10.6 because the
Anti-Doping Organization established the conditions set forth under Article 10.6.
TRA (
Trafficking or
Attempted Trafficking and administration or
Attempted
administration): The anti-doping rule violation was or should be sanctioned by a
sanction under Article 10.3.2.
10.7.2 Application of Articles 10.5.3 and 10.5.4 to Second Anti-Doping Rule
Violation
Where an
Athlete or other
Person who commits a second anti-doping rule
violation establishes entitlement to suspension or reduction of a portion of the
period of
Ineligibility under Article 10.5.3 or Article 10.5.4, the hearing panel
shall first determine the otherwise applicable period of
Ineligibility within the
range established in the table in Article 10.7.1, and then apply the appropriate
suspension or reduction of the period of
Ineligibility. The remaining period of
Ineligibility, WBPFter applying any suspension or reduction under Articles 10.5.3
and 10.5.4, must be at least one-fourth of the otherwise applicable period of
Ineligibility.
10.7.3 Third Anti-Doping Rule Violation
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 involves a violation of
Article 2.4 (Filing Failures and/or and Missed Tests). In these particular cases, the
period of
Ineligibility shall be from eight (8) years to life ban.
10.7.4 Additional Rules for Certain Potential Multiple Violations
For purposes of imposing sanctions under Article 10.7, an anti-doping rule
violation will only be considered a second violation if WBPF (or its
National Federation)
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 (Results Management), or after WBPF (or its
National Federation) made reasonable efforts to give notice, of the first anti-doping rule violation; if WBPF
(or its
National Federation) 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; however, the occurrence of multiple violations may be considered as a factor in determining aggravating circumstances (Article 10.6).
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If, after the resolution of a first anti-doping rule violation, WBPF (
or its National Federations) discovers facts involving an anti-doping rule violation by the
Athlete or other
Person which occurred prior to notification regarding the first violation, then WBPF (
or its National Federations) shall impose an additional sanction based on the sanction that could have been imposed if the two violations would have 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. To avoid the possibility of a finding of Aggravating Circumstances (Article 10.6) on account of the earlier-in-time but later-discovered violation, the
Athlete or other
Person must voluntarily admit the earlier anti-doping rule violation on a timely basis after notice of the violation for which he or she is first charged. The same rule shall also apply when WBPF (
or its National Federations) discovers facts involving another prior violation after the resolution of a second anti-doping rule violation.
10.7.5 Multiple Anti-Doping Rule Violations during an Eight-Year Period
For purposes of Article 10.7, each anti-doping rule violation must take place within
the same eight (8) 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 (Automatic
Disqualification of Individual Results), all other competitive results 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.
10.8.1 As a condition of regaining eligibility after being found to have committed
an anti-doping rule violation, the
Athlete must first repay all prize money forfeited
under this Article.
10.8.2 Allocation of Forfeited Prize Money.
Forfeited prize money shall be reallocated to other
Athletes.
Commencement of Ineligibility Period
Except as provided below, the period of
Ineligibility shall start on the date of the hearing decision providing for
Ineligibility or, if the hearing is waived, on the date
Ineligibility is
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accepted or otherwise imposed. Any period of
Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of
Ineligibility imposed.
10.9.1 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, the
WBPF or
Anti-Doping Organization imposing the sanction 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.
10.9.2 Timely Admission
Where the
Athlete promptly (which, in all events, means before the
Athlete competes again) admits the anti-doping rule violation after being confronted with
the anti-doping rule violation by WBPF
or its National Federations, 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.
10.9.3 If a
Provisional Suspension is imposed and respected by the
Athlete, then
the
Athlete shall receive a credit for such period of
Provisional Suspension against
any period of
Ineligibility which may ultimately be imposed.
10.9.4 If an
Athlete voluntarily accepts a
Provisional Suspension in writing from
WBPF
or its National Federations and thereafter refrains from competing, the
Athlete 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's voluntary acceptance of a
Provisional Suspension shall be provided
promptly to each party entitled to receive notice of a potential anti-doping rule
violation under Article 14.1.
10.9.5 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.
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10.10 Status During Ineligibility
10.10.1 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 by WBPF or any
National Federation or a club or other member organization of WBPF or any
National Federation, or in
Competitions authorized or organized by any professional league or any international or national level
Event organization.
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 in local sport events in a sport other than the sport in which the
Athlete or other
Person committed the anti-doping rule violation, 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.
An
Athlete or other
Person subject to a period of
Ineligibility shall remain subject to
Testing.
10.10.2 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 10.10.1, the
results of such participation shall be
Disqualified and the period of
Ineligibility which was originally imposed shall start over again as of the date of the violation.
The new period of
Ineligibility may be reduced under Article 10.5.2 if the
Athlete or
other
Person establishes he or she bears
No Significant Fault or Negligence for
violating the prohibition against participation. The determination of whether an
Athlete or other
Person has violated the prohibition against participation, and
whether a reduction under Article 10.5.2 is appropriate, shall be made by WBPF
or
its National Federations.
10.10.3 Withholding of Financial Support during
Ineligibility In addition, for any anti-doping rule violation not involving a reduced sanction for
Specified Substances as described in Article 10.4, some or all sport-related financial
support or other sport-related benefits received by such
Person will be withheld by
WBPF and its
National Federations.
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10.11 Reinstatement Testing
As a condition to regaining eligibility at the end of a specified period of
Ineligibility, an
Athlete must, during any period of
Provisional Suspension or
Ineligibility, make him or
herself available for
Out-of-Competition Testing by WBPF, the applicable
National
Federation, and any other
Anti-Doping Organization having
Testing jurisdiction, and must,
if requested, provide current and accurate whereabouts information. If an
Athlete subject to
a period of
Ineligibility retires from sport and is removed from
Out-of-Competition Testing pools and later seeks reinstatement, the
Athlete shall not be eligible for reinstatement until
the
Athlete has notified WBPF and the applicable
National Federation and has been subject
to
Out-of-Competition Testing for a period of time equal to the
[longer of (a) the period set
forth in Article 5.6 and (b)
] period of
Ineligibility remaining as of the date the
Athlete had
retired. During such remaining period of
Ineligibility, a minimum of 2 tests must be
conducted on the
Athlete with at least three months between each test. The
National
Federation shall be responsible for conducting the necessary tests, but tests by any
Anti-
Doping Organization may be used to satisfy the requirement. The results of such tests shall
be reported to WBPF. In addition, immediately prior to the end of the period of
Ineligibility,
an
Athlete must undergo
Testing by WBPF
or its National Federations for the
Prohibited
Substances and
Methods that are prohibited in
Out-of-Competition Testing. Once the period
of an
Athlete's
Ineligibility has expired, and the
Athlete has fulfilled the conditions of
reinstatement, then the
Athlete will become automatically re-eligible and no application by
the
Athlete or by the
Athlete's National Federation will then be necessary.
10. 12 Imposition of Financial Sanctions
Anti-doping Organizations may, in their own rules, provide for financial sanctions on account of anti-doping rule violations. However, no financial sanction may be considered a basis for reducing the period of ineligibility or other sanction which would otherwise be applicable under the Code.
ARTICLE 11 CONSEQUENCES TO TEAMS
If a member of a team is found to have committed a violation during an event where a team ranking is based on the addition of individual results (e.g. Best National Team World), the results of the Athlete committing the violation will be subtracted from team result.
If more than two members of a team is found to have committing a violation during an event where a team ranking is based on the addition of individual results (e.g. Best National Team Award), the results of the entire team will be declared invalid.
Event Ruling Body May Establish Stricter Consequences for Team Sports.
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August 2009
The ruling body for an
Event may elect to establish rules for the
Event which impose
Consequences for
Team Sports stricter than those in Article 11.2 for purposes of the
Event.
ARTICLE 12
SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL
FEDERATIONS
[NOTE : Under this article, IF may integrate provisions for imposing sanctions on its
National Federations or any other sporting body over which IF has authority; article 12.1 derivates from article 20.3.8 of the Code]
The WBPF Executive Council has the authority to withhold some or all funding or
other non financial support to
National Federations that are not in compliance with these Anti-Doping Rules.
Affiliated Federations shall be obligated to reimburse WBPF for all costs (including
but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an
Athlete or other
Person affiliated with that
Federation.
WBPF may elect 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:
12.3.1 Four or more violations of these Anti-Doping Rules (other than violations
involving Articles 2.4 and 10.3) are committed by
Athletes or other
Persons affiliated with a
National Federation within a 12-month period in testing conducted
by WBPF or Anti-Doping Organizations other than the
National Federation or its
National Anti-Doping Organization. [In such event the WBPF may in its discretion
elect to: (a) ban all officials from that
National Federation for participation in any
WBPF activities for a period of up to two years and/or (b) fine the
National
Federation in an amount as determined from time to time by the WBPF Executive
Council. (For purposes of this Rule, any fine paid pursuant to Rule 12.3.2 shall be
credited against any fine assessed.)
12.3.1.1 If four or more violations of these Anti-Doping Rules (other than
violations involving Articles 2.4 and 10.3) are committed in addition to the
violations described in Article 12.3.1 by
Athletes or other
Persons affiliated
with a
National Federation within a 12-month period in testing conducted by
WBPF or Anti-Doping Organizations other than the
National Federation or
its
National Anti-Doping Organization, then the WBPF may suspend that
National Federation's membership for a period of up to 4 years.
12.3.2 More than one
Athlete or other
Person from a
National Federation commits
an
Anti-Doping Rule violation during an
International Event. [In such event IF may
fine that
National Federation in an amount up to as determined from time to time by
the WBPF Executive Council.
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12.3.3 A
National Federation has failed to make diligent efforts to keep WBPF
informed about an
Athlete's whereabouts after receiving a request for that
information from WBPF. In such event WBPF may fine the National Federation in
an amount up to as determined from time to time by the WBPF Executive Council
per
Athlete in addition to all of WBPF costs incurred in
Testing that
National
Federation's Athletes.
ARTICLE 13 APPEALS
Decisions Subject to Appeal
Decisions made under these Anti-Doping Rules may be appealed as set forth below in Article 13.2 through 13.4 or as otherwise provided in these Anti-Doping Rules. 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 these rules or in the rules of the
Anti-Doping Organization conducting the hearing process as per article 8 must be exhausted (except as provided in Article 13.1.1).
13.1.1 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 the WBPF
or its
National Federation's process,
WADA may appeal such decision directly to
CAS without having to exhaust other remedies in the WBPF
or its
National Federation's process.
Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences,
and Provisional Suspensions
A decision that an anti-doping rule violation was committed, a decision 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 under Article 10.10.2 (Violation of the Prohibition of Participation during
Ineligibility); a decision that the WBPF
or its
National Federation lacks jurisdiction to rule on an alleged anti-doping rule violation or its
Consequences; a decision by an
Anti-Doping Organization 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 7.4; and a decision to impose a
Provisional Suspension as a result of a
Provisional Hearing or in violation of Article 7.5 may be appealed exclusively as provided in this Article 13.2.
13.2.1 Appeals Involving
International-Level Athletes
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In cases arising from participation in an
International Event or in cases involving
International-Level Athletes, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court.
To mean decision of the final appeal open to the athlete or other person within
the WBPF, including Article 13 of these Rules and Part 6 of the WBPF
Constitution.
13.2.2 Appeals Involving National-Level
Athletes
In cases involving
national-level Athletes as defined by each
National Anti-Doping Organization who do not have a right to appeal under Article 13.2.1, the decision may be appealed to an independent and impartial body in accordance with rules established by the
National Anti-Doping Organization. If the
National Anti-Doping Organization has not established such a body, the decision may be appealed to CAS in accordance with the provisions applicable before such court.
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) IF/WBPF; (d) 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 parties having the right to appeal to the national-level reviewing body shall be as provided in the
National Anti-Doping Organization's rules but, at a minimum, shall include the following parties: (a) the
Athlete or 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) IF/ WBPF; (d) the
National Anti-Doping Organization of the
Person's
country of residence; and (e)
WADA. For cases under Article 13.2.2,
WADA and the International Federation shall also have the right to appeal to
CAS with respect to the decision of the national-level reviewing 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.
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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.
Failure to Render a Timely Decision by WBPF and its National Federations
Where, in a particular case, WBPF or its
National Federations fail 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 WBPF IF or its
National Federations 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 attorneys fees in prosecuting the appeal shall be reimbursed to
WADA by WBPF or its
National Federations.
Appeals from Decisions Granting or Denying a Therapeutic Use Exemption
Decisions by
WADA reversing the grant or denial of a TUE may be appealed exclusively to CAS by the
Athlete or the
Anti-Doping Organization whose decision was reversed. Decisions by Anti-Doping Organizations other than WADA denying
TUE's, which are not reversed by
WADA, may be appealed by
International-Level Athletes to CAS and by other
Athletes to the national level reviewing body described in Article 13.2.2. If the national level reviewing body reverses the decision to deny a
TUE, that decision may be appealed to
CAS by
WADA.
When WBPF,
National Anti-Doping Organizations or other bodies designated by
National Federations fail to take action on a properly submitted TUE application within a reasonable time, their failure to decide may be considered a denial for purposes of the appeal rights provided in this Article.
Appeal from Decisions Pursuant to Article 12
Decisions by WBPF pursuant to Article 12 may be appealed exclusively to CAS by the
National Federation.
Time for Filing Appeals
The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal:
a) Within ten (10) 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;
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b) If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.
The above notwithstanding, the filing deadline for an appeal or intervention filed by
WADA shall be the later of: (a) Twenty-one (21) days after the last day on which any other party in the case could have appealed, or (b) Twenty-one (21) days after
WADA's receipt of the complete file relating to the decision.
ARTICLE 14
REPORTING AND RECOGNITION
Notice, Confidentiality and Reporting
Notice to
Athletes
and Other
Persons.
Notice to
Athletes or other
Persons shall occur as provided under Article 7. 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 to
National Anti-Doping Organizations, WBPF and
WADA.
Notice to
National Anti-Doping Organizations, WBPF and
WADA shall occur as provided under Article 7. 14.1.3
Content of Notification.
Notification to the
Athlete's
National Anti-Doping Organization, WBPF and
WADA according to Article 7 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 and the analytical result reported by the laboratory.
The same
Persons and
Anti-Doping Organizations shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Articles 7 (Results Management), 8 (Right to a Fair Hearing) or 13 (Appeals) and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.
Confidentiality.
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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
Anti-Doping Organization with results management responsibility has made public disclosure or has failed to make public disclosure as required in Article 14.2 below.
Public Disclosure.
14.2.1 The identity of any
Athlete or other
Person who is asserted by WBPF or its
National Federations to have committed an anti-doping rule violation, may be
publicly
disclosed by WBPF or its
National Federations only after notice has been provided to the
Athlete or other
Person in accordance with Articles 7.1, 7.2 or 7.4, and to the applicable
Anti-Doping Organizations in accordance with Article 14.1.2.
14.2.2 No later than twenty (20) days after it has been determined in a hearing in
accordance with Article 8 that an anti-doping rule violation has occurred, or such hearing
has been waived, or the assertion of an anti-doping rule violation has not been timely
challenged, WBPF or its
National Federations must publicly report the disposition of the
anti-doping 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 and the
Consequences imposed. WBPF or its
National Federations must also publicly report within twenty (20) days appeal decisions concerning anti-
doping rule violations. WBPF or its
National Federations shall also, within the time
period for publication, send all hearing and appeal decisions to
WADA.
14.2.3 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 disclosed
publicly only with the consent of the
Athlete or other
Person who is the subject of the
decision. WBPF and its
National Federations 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.
14.2.4 For purposes of Article 14.2, publication shall be accomplished at a minimum by
placing the required information on the WBPF or its
National Federations' Web site and
leaving the information up for at least one (1) year.
14.2.5 Neither WBPF, nor its National Federation, or official of either, shall publicly
comment on the specific facts of a pending case (as opposed to general description of
process and science) except in response to public comments attributed to the
Athlete,
other
Person or their representatives.
14.3
Athlete Whereabouts Information.
As further provided in the
International Standard for
Testing,
Athletes who have been identified by WBPF or its
National Federations for inclusion in a
Registered Testing
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Pool shall provide accurate, current location information. WBPF and
National Anti-
Doping Organizations shall coordinate the identification of
Athletes and the collecting of
current location information and shall submit these to
WADA. This information will be
accessible, through
ADAMS where reasonably feasible, to other
Anti-Doping
Organizations having jurisdiction to test the
Athlete. This information shall be
maintained in strict confidence at all times; shall be used exclusively for purposes of
planning, coordinating or conducting
Testing; and shall be destroyed after it is no longer
relevant for these purposes.
14.4
Statistical Reporting.
WBPF or its
National Federations shall, at least annually, publish publicly a general
statistical report of their
Doping Control activities with a copy provided to
WADA.
WBPF or its
National Federations may also publish reports showing the name of each
Athlete tested and the date of each
Testing.
14.5
Doping Control Information Clearinghouse.
WADA shall act as a central clearinghouse for
Doping Control Testing data and results for
International-Level Athletes and national-level
Athletes who have been included in their
National Anti-Doping Organization's
Registered Testing Pool. To facilitate coordinated
test distribution planning and to avoid unnecessary duplication in
Testing by the various
Anti-Doping Organizations, WBPF or its
National Federations shall report all
In-
Competition and
Out-of-Competition tests on such
Athletes to the
WADA clearinghouse
as soon as possible after such tests have been conducted. This information will be made
accessible to the
Athlete, the
Athlete's National Federation,
National Olympic Committee or National Paralympic Committee,
National Anti-Doping Organization, WBPF, and the
International
Olympic Committee or International Paralympic Committee.
To enable it to serve as a clearinghouse for
Doping Control Testing data,
WADA has
developed a database management tool,
ADAMS that reflects emerging data privacy
principles. Private information regarding an
Athlete, Athlete Support Personnel, or others
involved in anti-doping activities shall be maintained by
WADA, which is supervised by
Canadian privacy authorities, in strict confidence and in accordance with the
International Standard for the protection of privacy.
14.6
Data Privacy.
When performing obligations under these rules, WBPF or its
National Federations may collect, store, process or disclose personal information relating to
Athletes and third parties.
WBPF or its
National Federations shall ensure that they comply with applicable data protection and privacy laws with respect to their handling of such information, as well as the
International Standard for the protection of privacy that
WADA shall adopt to ensure
Athletes
and non-athletes are fully informed of and, where necessary, agree to the handling of their personal information in connection with anti-doping activities arising under the
Code and these anti-doping rules.
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ARTICLE 15 MUTUAL RECOGNITION
15.1 Subject to the right to appeal provided in Article 13,
Testing, TUE's and hearing results or other final adjudications of any
National Federation or
Signatory which are consistent with the
Code and are within the
National Federation or
Signatory's authority, shall be recognized and respected by WBPF and all
National Federations.
15.2 WBPF and its
National Federations shall recognize the same actions of other bodies which have not accepted the
Code if the rules of those bodies are otherwise consistent with the
Code.
Subject to the right to appeal provided in Article 13, any decision of WBPF
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.
ARTICLE 16 INCORPORATION OF IF ANTI-DOPING RULES
All
National Federations shall comply with these Anti-Doping Rules. These Anti-Doping Rules shall also be incorporated either directly or by reference into each
National Federations Rules. All
National Federations shall include in their regulations the procedural rules necessary to effectively implement these Anti-Doping Rules.
ARTICLE 17 STATUTE OF LIMITATIONS
No action may be commenced against an
Athlete or other
Person for an anti-doping rule violation contained in these Anti-Doping Rules unless such action is commenced within eight (8) years from the date the violation is asserted to have occurred.
ARTICLE 18
WBPF COMPLIANCE REPORTS TO WADA
The WBPF will report to
WADA on the WBPF's compliance with the
Code every second year and shall explain reasons for any noncompliance.
ARTICLE 19
AMENDMENT AND INTERPRETATION OF ANTI-DOPING
RULES
These Anti-Doping Rules may be amended from time to time by WBPF.
These Anti-Doping Rules shall be interpreted as an independent and autonomous
text and not by reference to existing law or statutes, except as provided in Article 19.5.
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.
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The INTRODUCTION, the APPENDIX I, DEFINITIONS and the
International
Standards issued by WADA shall be considered integral parts of these Anti-Doping Rules.
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 comments annotating various provisions of the
Code and these Anti-Doping
Rules should be used to interpret these Anti-Doping Rules.
These Anti-Doping Rules have come into full force and effect on 1 January 2009
(the "Effective Date"). They shall not apply retrospectively to matters pending before the Effective Date; provided, however, that:
19.7.1 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 "lex mitior" appropriately applies under the
circumstances of the case.
19.7.2 Any Article 2.4 whereabouts violation (whether a filing failure or a missed
test) declared by WBPF under rules in force prior to the Effective Date that has not
expired prior to the Effective Date and that would qualify as a whereabouts violation
under Article 11 of the
International Standard for
Testing shall be carried forward
and may be relied upon, prior to expiry, in accordance with the
International
Standards for
Testing.
19.7.3 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 anti-doping rule violation case where a final
decision finding an anti-doping rule violation has been rendered and the period of
Ineligibility has expired.
19.7.4 Subject always to Article 10.7.5, anti-doping rule violations committed
under rules in force prior to the Effective Date shall be taken into account as prior
offences for purposes of determining sanctions under Article 10.7. Where such pre-
Effective Date anti-doping rule violation involved a substance that would be treated
as a Specified Substance under these Anti-Doping Rules, for which a period of
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August 2009
Ineligibility of less than two years was imposed, such violation shall be considered a Reduced Sanction violation for purposes of Article 10.7.1.
ARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES AND
OTHER PERSONS
Roles and Responsibilities of
Athletes
.
To be knowledgeable of and comply with these anti-doping rules
To be available for
Sample collection.
To take responsibility, in the context of anti-doping, for what they
ingest and use. 20.1.4
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.
Roles and Responsibilities of
Athlete Support Personnel
To be knowledgeable of and comply with these anti-doping rules.
To cooperate with the
Athlete Testing program.
To use their influence on
Athlete values and behavior to foster anti-
doping attitudes.
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APPENDIX 1 - DEFINITIONS
ABPF: Asian Body Building and Physique Sports Federation.
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.
Adverse Analytical Finding. A report from a laboratory or other
WADA-approved
Testing entity
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.
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 participates in sport at the international level (as defined by each
International Federation), the national level (as defined by each
National Anti-Doping
Organization, including but not limited to those
Persons in its
Registered Testing Pool), and any
other competitor in sport who is otherwise subject to the jurisdiction of any
Signatory or other
sports organization accepting the
Code. All provisions of the
Code, including, for example,
Testing, and TUE's must be applied to international and national-level competitors. Some
National Anti-Doping Organizations may elect to test and apply anti-doping rules to
recreational-level or masters competitors who are not current or potential national caliber
competitors.
National Anti-Doping Organizations are not required, however, to apply all aspects
of the
Code to such
Persons. Specific national rules may be established for Doping Control for
non-international-level or non-national-level competitors without being in conflict with the
Code. Thus, a country could elect to test recreational-level competitors but not require TUE's or
whereabouts information. In the same manner, a
Major Event Organization holding an
Event only for masters-level competitors could elect to test the competitors but not require advance
TUE or whereabouts information. For purposes of Article 2.8 (Administration or
Attempted Administration) 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 to Athlete: This definition makes it clear that all international and national-caliber
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 IFs and
National Anti-Doping Organizations, respectively. At the national level, anti-doping rules
adopted pursuant to the Code shall apply, at a minimum, to all persons on national teams and all
persons qualified to compete in any national championship in any sport. That does not mean,
however, that all such Athletes must be included in a National Anti-Doping Organization's
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August 2009
Registered Testing Pool. The definition also allows each National Anti-Doping Organization, if it chooses to do so, to expand its anti-doping program beyond national-caliber athletes to competitors at lower levels of competition. Competitors at all levels of competition should receive the benefit of anti-doping information and education.] Athlete Support Personnel. Any coach, trainer, manager, agent, team stWBPFf, 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 laboratory or other
WADA-approved entity 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.
CAS. The Court of Arbitration for Sport.
Code. The World Anti-Doping
Code.
Competition. A single race, match, game or singular athletic contest. For example, a basketball game or the finals of the Olympic 100-meter race in athletics. For stage races and other athletic 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. [Please insert here specific rules if applicable]
Consequences of Anti-Doping Rule Violations. 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 for a specified period of time from participating in any
Competition or other activity or funding as provided in Article 10.10; and (c)
Provisional Suspension means the
Athlete or other
Person is barred temporarily from participating in any
Competition prior to the final decision at a hearing conducted under Article 8 (Right to a Fair Hearing).
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, TUE's, results management and hearings.
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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 Period. The time between the beginning and end of an
Event, as established by the ruling body of the
Event.
In-Competition. Unless provided otherwise in the rules of an International Federation or other relevant
Anti-Doping Organization, "
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.
Independent Observer Program. A team of observers, under the supervision of
WADA, who observe and may 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 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 designated by one or more International Federations as being within the
Registered Testing Pool for an International Federation.
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 parameter(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 majority as established by the applicable laws of his or her country of residence.
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National Anti-Doping Organization. The entity(ies) designated by each country 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, all at the national level. This includes an entity which may be designated by multiple countries to serve as regional
Anti-Doping Organization for such countries. If this designation has not been made by the competent public authority(ies), the entity shall be the country's
National Olympic Committee or its designee.
National Event. A sport
Event involving international or national-level
Athletes that is not an
International Event.
National Federation. A national or regional entity which is a member of or is recognized by IF as the entity governing the IF's sport in that nation or region.
National Olympic Committee. The organization recognized by the International Olympic Committee. The term
National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical
National Olympic Committee responsibilities in the anti-doping area.
No Advance Notice. A
Doping Control which takes place with no advance warning to the
Athlete and where the
Athlete is continuously chaperoned from the moment of notification through
Sample provision.
No Fault or Negligence. The
Athlete'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. No Significant Fault or Negligence. The
Athlete'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.
Out-of-Competition. Any
Doping Control which is not
In-Competition.
Participant. Any
Athlete or
Athlete Support Personnel.
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 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 P
ossession if, prior to receiving notification of any kind that the
Person has committed an anti-doping rule violation,
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August 2009
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.] 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 so described on the
Prohibited List.
Provisional Hearing. For purposes of Article 7.6, an expedited abbreviated hearing occurring prior to a hearing under Article 8 (Right to a Fair Hearing) that provides the
Athlete with notice and an opportunity to be heard in either written or oral form.
Provisional Suspension. See
Consequences of Anti-Doping Rules Violations above.
Publicly Disclose or Publicly Report. To disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with Article 14.
Registered Testing Pool. The pool of top level
Athletes established separately by each International Federation and
National Anti-Doping Organization who are subject to both
In-Competition and
Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan.
Retroactive TUE. As defined in the
International Standard for Therapeutic Use Exemptions.
Sample or Specimen. Any biological material collected for the purposes of
Doping Control.
[Comment to Sample or Specimen: 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, including the International Olympic Committee, International Federations, International Paralympic
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Committee,
National Olympic Committees, National Paralympic Committees,
Major Event Organizations,
National Anti-Doping Organizations, and
WADA.
Specified Substances. As defined in Article 4.2.2.
Substantial Assistance. For purposes of Article 10.5.3, 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; or providing fraudulent information to an
Anti-Doping Organization.
Target Testing. Selection of
Athletes for
Testing where specific
Athletes or groups of
Athletes are selected on a non-random basis for
Testing at a specified time.
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 a
Prohibited Substance or
Prohibited Method (either physically or by any electronic or other means) by an
Athlete,
Athlete Support Personnel 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.
TUE. As defined in Article 2.6.1.
TUE Panel. As defined in Article 4.4.4.
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.
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Use. The utilization, application, ingestion, injection or consumption by any means whatsoever
of any
Prohibited Substance or
Prohibited Method.
WBPF: World Body Building & Physique Sports Federation
WADA. The World Anti-Doping Agency.
WBPF Anti-Doping Rules
August 2009
APPENDIX 2 - Confirmation
I, as a member of [National Federation] and/or a participant in a [National Federation or WBPF]
authorized or recognized event, hereby declare as follows:
1.
I confirm that I shall comply with and be bound by all of the provisions of the WBPF Anti-Doping Rules, including but not limited to, all amendments to the Anti-Doping Rules and all International Standards as issued by the World Anti-Doping Agency and permanently published on its website.
I acknowledge that [National Federations, WBPF and National Anti-Doping Organisations] have jurisdiction to impose sanctions as provided in the WBPF Anti-Doping Rules.
I have read and understand the present declaration.
Print Name (Last Name, First Name)
Signature (or, if a minor, signature of
(Day/Month/Year)
WBPF Anti-Doping Rules
August 2009.
Source: http://www.wbpf.us/_service/downloadFile.ashx?fileid=be097fdd-723b-4099-a2f5-69a01410c65b
Related Medications Dr. Naresh Kumar Whitby Cardiovascular Institute This reference was created by Arjun Kumar using the ‘OXFORD HANDBOOK OF PRACTICAL DRUG THERAPY' The document itself is property of Whitby Cardiovascular Institute © Whitby Cardiovascular Institute 2006 This document has been created to help answer some of the questions
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