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Doping

The International Sumo Federation

 Anti-Doping Code

 English Version

July 30th, 2004

TABLE OF CONTENTS

INTRODUCTION                                                                                                                                          PREFACE
Fundamental rationale for the Code and IFS’s Anti-Doping Rules
Scope

ARTICLE 1 DEFINITION OF DOPING 
ARTICLE 2 ANTI-DOPING RULE VIOLATIONS
ARTICLE 3 PROOF OF DOPING
ARTICLE 4 THE PROHIBITED LIST

ARTICLE 5 TESTING
ARTICLE 6 ANALYSIS OF SAMPLES 
ARTICLE 7 RESULTS MANAGEMENT

ARTICLE 8 RIGHT TO A FAIR HEARING
ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
ARTICLE 10 SANCTIONS ON INDIVIDUALS
ARTICLE 11 CONSEQUENCES TO TEAMS

ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL FEDERATIONS 
ARTICLE 13 APPEALS

ARTICLE 14 NATIONAL FEDERATIONS INCORPORATION OF IFS RULES, REPORTING AND RECOGNITION
ARTICLE 15 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS
ARTICLE 16 STATUTE OF LIMITATIONS

ARTICLE 17 IFS COMPLIANCE REPORTS TO WADA
ARTICLE 18 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES

INTERNATIONAL SUMO FEDERATION ANTI-DOPING RULES

INTRODUCTION

Preface

At the International Sumo Federation Executive Board Meeting held on 25/7/03 in Tokyo, Japan, International Sumo Federation (hereafter referred to as IFS) accepted the World Anti-Doping Code (the "Code").  These Anti-Doping Rules are adopted and implemented in conformance with IFS’s responsibilities under the Code, and are in furtherance of IFS's continuing efforts to eradicate doping in the sport of sumo.

Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played.  Athletes accept these rules as a condition of participation.  Anti-Doping Rules are not intended to be subject to or limited by the requirements and legal standards applicable to criminal proceedings or employment matters.  The policies and minimum standards set forth in the Code and implemented in these Anti-Doping Rules represent the consensus of a broad spectrum of stakeholders with an interest in fair sport and should be respected by all courts and adjudicating bodies.

Fundamental Rationale for the Code and IFS'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.

 

 

 

 

 

 

Scope

These Anti-Doping Rules shall apply to IFS, each National Sumo Federation of IFS, and each Participant in the activities of IFS or any of its National Sumo Federations by virtue of the Participant's membership, accreditation, or participation in IFS, its National Sumo Federations, or their activities or Events

It is the responsibility of each National Sumo Federation to ensure that all national-level Testing on the National Sumo Federation's Athletes complies with these Anti-Doping Rules.  In some cases, the National Sumo 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 Sumo Federation have been delegated or assigned by statute to a National Anti-Doping Organization.  In those countries, references in these Anti-Doping Rules to the National Sumo Federation shall apply, as applicable, to the National Sumo Federation's National Anti-Doping Organization.

These Anti-Doping Rules shall apply to all Doping Controls over which IFS and its National Sumo Federations have jurisdiction.


 

 

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

The following constitute anti-doping rule violations:

2.1           The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily Specimen

2.1.1          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 bodily Specimens.  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.

2.1.2          Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, the detected 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.

2.1.3          As an exception to the general rule of Article 2.1, the Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

2.2           Use or Attempted Use of a Prohibited Substance or a Prohibited Method

2.2.1      The success or failure of the 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.

2.3           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.

2.4           Violation of the requirements regarding Athlete availability for Out-of-Competition Testing including failure to provide required whereabouts information set forth in Article 5.5 (Athlete whereabouts requirements) and missed tests which are declared based on reasonable rules.

2.5           Tampering, or Attempting to tamper, with any part of Doping Control.

2.6           Possession of Prohibited Substances and Methods

2.6.1          Possession by an Athlete at any time or place of a substance that is prohibited in Out-of-Competition Testing or a Prohibited Method unless the Athlete establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.

2.6.2          Possession of a Prohibited Substance that is prohibited in Out-of-Competition Testing or a Prohibited Method by Athlete Support Personnel in connection with an Athlete, Event or training, unless the Athlete Support Personnel establishes that the Possession is pursuant to a therapeutic use exemption granted to an Athlete in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.

2.7           Trafficking in any Prohibited Substance or Prohibited Method.

2.8           Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted violation.

ARTICLE 3        PROOF OF DOPING

3.1           Burdens and Standards of Proof

IFS and its National Sumo Federations shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether IFS or its National Sumo Federation has established an anti-doping rule violation to the comfortable satisfaction of the hearing body 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.

3.2           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:

3.2.1          WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis.  The Athlete may rebut this presumption by establishing that a departure from the International Standard occurred. 

If the Athlete rebuts the preceding presumption by showing that a departure from the International Standard occurred, then IFS or its National Sumo Federation shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

3.2.2            Departures from the International Standard for Testing which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results.  If the Athlete establishes that departures from the International Standard occurred during Testing then IFS or its National Sumo Federation shall have the burden to establish that such departures did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation.

ARTICLE 4        THE PROHIBITED LIST

4.1           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.  IFS will make the current Prohibited List available to each National Sumo Federation, and each National Sumo Federation shall ensure that the current Prohibited List is available to its members and constituents.[1]

4.2           Prohibited Substances and Prohibited Methods Identified on the Prohibited List

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 IFS. As described in Article 4.2 of the Code, IFS may, upon the recommendation of its Medical Commission, request that WADA expand the Prohibited List for the sport of Sumo.  IFS may also, upon the recommendation of its Medical Commission, request that WADA include additional substances or methods, which have the potential for abuse in the sport of Sumo, 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 IFS.

4.3           Criteria for Including Substances and Methods on the Prohibited List

As provided in Article 4.4.3 of the Code, WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List shall be final and shall not be subject to challenge by an Athlete or other Person.

4.4           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 Therapeutic Use Exemption ("TUE").

4.4.2          Athletes included by IFS in its Registered Testing Pool and other Athletes prior to their participation in any International Event must obtain a TUE from IFS (regardless of whether the Athlete previously has received a TUE at the national level).  TUE's granted by IFS shall be reported to the Athlete's National Sumo Federation and to WADA.  Other Athletes subject to Testing may obtain a TUE from their National Anti-Doping Organization or other body designated by their National Sumo FederationNational Sumo Federations shall promptly report any such TUE's to IFS and WADA.

4.4.3          The IFS Executive shall appoint a panel of physicians to consider requests for TUE's (the "TUE Panel").  Upon IFS's receipt of a TUE request, the Chair of the TUE Panel shall appoint three members of the TUE Panel (which may include the Chair) to consider such request.  The TUE Panel member(s) so designated shall promptly evaluate such 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 IFS.

4.4.3.1          International-Level Athletes who are included in the IFS's Registered Testing Pool, should apply to IFS for the TUE at the same time the Athlete first provides whereabouts information to the IFS and, except in emergency situations, no later than 21 days before the Athlete's participation at an International Event.

4.4.3.2          Athletes participating in International Events who are not included in the IFS Registered Testing Pool must, except in emergency situations, request a TUE from IFS no later than 21 days before the Athlete's participation at an International Event.

4.4.4          WADA, at the request of an Athlete or on its own initiation, may review the granting or denial of any TUE to an International Level Athlete or a national level Athlete that is included in a Registered Testing Pool.  If WADA determines that the granting or denial of a TUE did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision.  Decisions on TUE's are subject to further appeal as provided in Article 13.


 

ARTICLE 5        TESTING

5.1           Authority to Test

All Athletes affiliated with a National Sumo Federation shall be subject to In-Competition Testing by IFS, the Athlete's National Sumo Federation, and any other Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate.  All Athletes affiliated with a National Sumo Federation shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by IFS, WADA, the Athlete's National Sumo Federation, the National Anti-Doping Organization of any country where the Athlete is present, the IOC during the Olympic Games, and the IPC during Paralympic Games.

5.2           Responsibility for IFS Testing 

The IFS Medical Commission shall be responsible for overseeing all Testing conducted by IFS.  Testing may be conducted by members of the IFS Medical Commission or by other qualified persons so authorized by IFS.

5.3           Testing Standards

Testing conducted by IFS and its National Sumo 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 either to detect Prohibited Substances or Prohibited Methods or for screening procedure purposes only. If the blood is collected for screening only, it will have no other consequences for the Athlete other than to identify him/her for a urine test under these anti-doping rules. In these circumstances, IFS may decide at its own discretion which blood parameters are to be measured in the screening Sample and what levels of those parameters will be used to indicate that an Athlete should be selected for a urine test.

 

5.4           Coordination of Testing 

IFS and National Sumo Federations shall promptly report completed tests through the WADA clearinghouse to avoid unnecessary duplication in Testing.

5.5           Athlete Whereabouts Requirements 

5.5.1          IFS shall identify a Registered Testing Pool of those Athletes who are required to provide up-to-date whereabouts information to IFS.  IFS may revise its Registered Testing Pool from time to time as appropriate.  Each Athlete in the Registered Testing Pool shall file semi-annual reports with IFS on forms provided by IFS which specify on a daily basis the locations and times where the Athlete will be residing, training and competing.  Athletes shall update this information as necessary so that it is current at all times.  The ultimate responsibility for providing whereabouts information rests with each Athlete, however, it shall be the responsibility of each National Sumo Federation to use its best efforts to assist IFS in obtaining whereabouts information as requested by IFS.

5.5.2          Any Athlete in the IFS Registered Testing Pool who is unavailable for Testing on three attempts during any period of 18 consecutive months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4.  For each attempt, the Doping Control Officer shall visit all locations during the times specified by the Athlete for that date and shall stay two hours at each location.  Notification shall be sent to the Athlete between each attempt which is to be counted as an unavailable test.

5.5.3          Any Athlete in the IFS Registered Testing Pool who fails to timely submit a required semi-annual whereabouts report after receipt of two formal written warnings from IFS or a National Sumo Federation to do so in the preceding 18 months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4.

5.5.4          Each National Sumo Federation shall also assist their National Anti-Doping Organization in establishing a national level Registered Testing Pool of top level national Athletes who are not already included in IFS's Registered Testing Pool.  The National Sumo Federation/National Anti-Doping Organization may establish its own whereabouts reporting requirements and criteria for Article 2.4 violations applicable to those Athletes.

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 on the strict condition that it be used only for Doping Control purposes.

5.6           Retirement and Return to Competition

5.6.1          An Athlete who has been identified by IFS for inclusion in IFS’s Registered Testing Pool shall continue to be subject to these Anti-Doping Rules, including the obligation to be available for No Advance Notice Out-of-Competition Testing, unless and until the Athlete gives written notice to IFS that he or she has retired or until he or she no longer satisfies the criteria for inclusion in the IFS's Registered Testing Pool and has been so informed by IFS.

5.6.2          An Athlete who has given notice of retirement to IFS may not resume competing unless he or she notifies IFS at least six months before he or she expects to return to competition and is available for unannounced Out-of-Competition Testing, at any time during the period before actual return to competition.

5.6.3          National Sumo Federations/National Anti-Doping Organizations may establish similar requirements for retirement and returning to competition for Athletes in the national Registered Testing Pool.

5.7       Selection of Athletes to be Tested

5.7.1                    At International Events, the IFS Medical Commission shall determine the number of finishing placement tests, random tests and target tests to be performed. The following Athletes shall be tested for each Competition at an International Event: One Athlete selected at random from each of the top three finishing teams, plus one Athlete selected at random from a randomly-selected team outside the top three finishing teams.

5.7.2          At National Events, each National Sumo 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, the IFS Medical Commission at International Events, and the National Sumo Federation at National Events, may also select Athletes or teams 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 IFS Medical Commission and by National Sumo Federations through a process that substantially complies with the International Standard for Testing in force at the time of selection.

5.8           National Sumo Federations and the organizing committees for National Sumo Federation Events shall provide access to Independent Observers at Events as directed by IFS.

ARTICLE 6        ANALYSIS OF SAMPLES

Doping Control Samples collected under these Anti-Doping Rules shall be analyzed in accordance with the following principles:

6.1           Use of Approved Laboratories

IFS shall send Doping Control Samples for analysis only to WADA-accredited laboratories or as otherwise approved by WADA.  The choice of the WADA-accredited laboratory (or other method approved by WADA) used for the Sample analysis shall be determined exclusively by IFS.

 

6.2           Substances Subject to Detection

Doping Control Samples shall be analysed 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.

6.3           Research on Samples 

No Sample may be used for any purpose other than the detection of substances (or classes of substances) or methods on the Prohibited List, or as otherwise identified by WADA pursuant to its Monitoring Program, without the Athlete's written consent.

6.4              Standards for Sample Analysis and Reporting 

Laboratories shall analyse Doping Control Samples and report results in conformity with the International Standard for Laboratory Analysis.

ARTICLE 7        RESULTS MANAGEMENT

7.1           Results Management for Tests Initiated by IFS 

Results management for Tests initiated by IFS (including Tests performed by WADA pursuant to agreement with IFS) shall proceed as set forth below:

7.1.1          The results from all analyses must be sent to IFS in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in such a way that the results of the analyses are confidential.

7.1.2    Upon receipt of an A Sample Adverse Analytical Finding, the IFS Independent Doping Review Panel shall conduct a review to determine whether:  (a) an applicable therapeutic use exemption has been granted, or (b) there is any apparent departure from the International Standards for Testing or Laboratory Analysis that undermines the validity of the Adverse Analytical Finding

7.1.2.1    The IFS Executive shall appoint an Independent Doping Review Panel consisting of a Chair and 3 other members with experience in anti-doping.  All members of the panel shall be otherwise independent from IFS.  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, 7.1.8, 7.1.9 and 7.1.10 and to review any other potential violations of these Anti-Doping Rules as may be requested by IFS.

7.1.3          If the initial review under Article 7.1.2 does not reveal an applicable therapeutic use exemption or departure from the International Standard for Testing or the International Standard for laboratory analysis in force at the time of Testing or analysis that undermines the validity of the Adverse Analytical Finding, IFS shall promptly notify the Athlete of:  (a) the Adverse Analytical Finding; (b) the anti-doping rule violated, or, in a case under Articles 7.1.8 or 7.1.9, a description of the additional investigation that will be conducted as to whether there is an anti-doping rule violation; (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 right of the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis if such analysis is requested; and (e) 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 Laboratory Analysis.

7.1.4          Arrangements shall be made for Testing the B Sample within three weeks of the notification described in Article 7.1.3.  An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis.  IFS may nonetheless elect to proceed with the B Sample analysis.

7.1.5          The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample. Also a representative of the Athlete's National Sumo Federation as well as a representative of IFS shall be allowed to be present.

7.1.6          If the B Sample proves negative, the entire test shall be considered negative and the Athlete, his National Sumo Federation, and IFS shall be so informed.

7.1.7          If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his National Sumo Federation, IFS, and to WADA.

7.1.8          The IFS Independent Review Panel shall conduct any follow-up investigation as may be required by the Prohibited List.  Upon completion of such follow-up investigation, IFS shall promptly notify the Athlete regarding the results of the follow-up investigation and whether or not IFS asserts that an anti-doping rule was violated.

7.1.9          For apparent anti-doping rule violations that do not involve Adverse Analytical Findings, IFS shall conduct any necessary follow-up investigation and shall then promptly notify the Athlete of the anti-doping rule which appears to have been violated, and the basis of the violation. 

7.2           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 IFS.

7.3           Results Management for Tests initiated by National Sumo Federations 

Results management conducted by National Sumo Federations shall be consistent with the general principles for effective and fair results management which ­underlie the detailed provisions set forth in Article 7.1.  Results of all Doping Controls shall be reported to IFS within 14 days of the conclusion of the National Sumo Federation's results management process.  Any apparent anti-doping rule violation by an Athlete who is a member of that National Sumo Federation shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Sumo Federation or national law.  Apparent anti-doping rule violations by Athletes who are members of another National Sumo Federation shall be referred to the Athlete's National Sumo Federation for hearing.

7.4           Provisional Suspensions 

The IFS Executive Board, after consultation with the IFS Independent Review Panel, may Provisionally Suspend an Athlete prior to the opportunity for a full hearing based on an Adverse Analytical Finding from the Athlete's A Sample or A and B Samples and the review described in Article 7.1.  If a Provisional Suspension is imposed, either the hearing in accordance with Article 8 shall be advanced to a date which avoids substantial prejudice to the Athlete, or the Athlete shall be given an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension.  National Sumo Federations may impose Provisional Suspensions in accordance with the principles set forth in this Article 7.3.

ARTICLE 8        RIGHT TO A FAIR HEARING  

8.1  When it appears, following the results management process described in Article 7, that these Anti-Doping Rules have been violated, the Athlete or other Person involved shall be brought before a disciplinary panel of the Athlete or other Person's National Sumo Federation for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed.  Such hearing process shall respect the following principles:

· a timely hearing;

· fair and impartial hearing body;

· the right to be represented by counsel at the Person's own expense;

· the right to be fairly and timely informed of the asserted anti-doping rule violation;

· 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 body's discretion to accept testimony by telephone or written submission);

· the Person's right to an interpreter at the hearing, with the Doping Panel to determine the identity, and responsibility for the cost of the interpreter; and

· a timely, written, reasoned decision.

8.2              Hearings pursuant to this Article 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 completion of the hearing is delayed beyond three months, IFS may elect, if the Athlete is an International Level Athlete, to bring the case directly to a single arbitrator from the Court of Arbitration for Sport.  The case before the Court of Arbitration for Sport shall be handled in accordance with the Court of Arbitration for Sport appeal procedure without reference to any time limit for appeal.  If the completion of the hearing is delayed beyond three months, and the Athlete is not an International Level Athlete, IFS may elect to bring the case directly to the national level appellate body referenced in Article13.2.2.  In either case, the hearing shall proceed at the responsibility of and the expense of the National Sumo Federation.  In either case the appeal from such decision shall be to the Court of Arbitration for Sport.

8.3           National Sumo Federations shall keep IFS fully apprised as to the status of pending cases and the results of all hearings.

8.4           IFS shall have the right to attend hearings as an observer.

8.5           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 Sumo Federation.

8.6           Decisions by National Sumo Federations, 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.

8.7           Hearing decisions by the National Sumo Federation shall not be subject to further administrative review at the national level except as provided in Article 13 or as required by applicable national law.]

ARTICLE 9                AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

A violation of these Anti-Doping Rules in connection with an In-Competition test automatically leads to Disqualification of the individual result obtained in that Competition with all resulting consequences, including forfeiture of any medals, points and prizes.

ARTICLE 10      SANCTIONS ON INDIVIDUALS

10.1         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 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 Competition shall not be Disqualified unless the Athlete's results in Competition other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete's anti-doping rule violation.

 

10.2         Imposition of Ineligibility for Prohibited Substances and Prohibited Methods 

Except for the specified substances identified in Article 10.3, 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) and Article 2.6 (Possession of Prohibited Substances and Methods) shall be:

First violation:  Two (2) years' Ineligibility.

Second violation:  Lifetime Ineligibility.

However, the Athlete or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing this sanction as provided in Article 10.5.

10.3          Specified Substances 

The Prohibited List may identify specified substances which are particularly susceptible to unintentional anti-doping rules violations because of their general availability in medicinal products or which are less likely to be successfully abused as doping agents.  Where an Athlete can establish that the Use of such a specified substance was not intended to enhance sport performance, the period of Ineligibility found in Article 10.2 shall be replaced with the following:

First violation:              At a minimum, a warning and reprimand and no period of Ineligibility from future Events, and at a maximum, one (1) year's Ineligibility.

Second violation:     Two (2) years' Ineligibility.

Third violation:         Lifetime Ineligibility.

However, the Athlete or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing (in the case of a second or third violation) this sanction as provided in Article 10.5.

10.4         Ineligibility for Other Anti-Doping Rule Violations 

The period of Ineligibility for other violations of these Anti-Doping Rules shall be:

10.4.1        For violations of Article 2.3 (refusing or failing to submit to Sample collection) or Article 2.5 (Tampering with Doping Control), the Ineligibility periods set forth in Article 10.2 shall apply.

10.4.2        For violations of Article 2.7 (Trafficking) or Article 2.8 (administration of Prohibited Substance or Prohibited Method), the period of Ineligibility imposed shall be a minimum of four (4) years up to lifetime Ineligibility.  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 10.3, shall result in lifetime Ineligibility for such Athlete Support Personnel.  In addition, violations of such Articles which also violate non-sporting laws and regulations, may be reported to the competent administrative, professional or judicial authorities.

10.4.3        For violations of Article 2.4 (Whereabouts Violations or Missed Tests), the period of Ineligibility shall be:

First violation:          Three (3) months to one (1) year Ineligibility.

Second and subsequent violations:          Two (2) years' Ineligibility.

10.5         Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances 

10.5.1        If the Athlete establishes in an individual case involving an anti-doping rule violation under Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers) or Use of a Prohibited Substance or Prohibited Method under Article 2.2 that he or she bears No Fault or Negligence for the violation, the otherwise applicable period of Ineligibility shall be eliminated.  When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Specimen 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 10.2, 10.3 and 10.6.

10.5.2        This Article 10.5.2 applies only to anti-doping rule violations involving Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Use of a Prohibited Substance or Prohibited Method under Article 2.2, failing to submit to Sample collection under Article 2.3, or administration of a Prohibited Substance or Prohibited Method under Article 2.8.  If an Athlete establishes in an individual case involving such violations that he or she bears No Significant Fault or Negligence, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the minimum period of Ineligibility otherwise applicable.  If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than 8 years.  When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Specimen 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 reduced.

10.5.3        The IFS Executive Board may also reduce the period of Ineligibility in an individual case where the Athlete has provided substantial assistance to IFS which results in IFS discovering or establishing an anti-doping rule violation by another Person involving Possession under Article 2.6.2 (Possession by Athlete Support Personnel), Article 2.7 (Trafficking), or Article 2.8 (administration to an Athlete).  The reduced period of Ineligibility may not, however, be less than one-half of the minimum 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 8 years.

10.6         Rules for Certain Potential Multiple Violations

10.6.1        For purposes of imposing sanctions under Article 10.2, 10.3 and 10.4, a second anti-doping rule violation may be considered for purposes of imposing sanctions only if IFS (or its National Sumo Federation) can establish that the Athlete or other Person committed the second anti-doping rule violation after the Athlete or other Person received notice, or after IFS (or its National Sumo Federation) made a reasonable attempt to give notice, of the first anti-doping rule violation; if IFS  (or its National Sumo Federation) cannot establish this, the violations shall be considered as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction. 

10.6.2        Where an Athlete, based on the same Doping Control, is found to have committed an anti-doping rule violation involving both a specified substance under Article 10.3 and another Prohibited Substance or Prohibited Method, the Athlete shall be considered to have committed a single anti-doping rule violation, but the sanction imposed shall be based on the Prohibited Substance or Prohibited Method that carries the most severe sanction.

10.6.3        Where an Athlete is found to have committed two separate anti-doping rule violations, one involving a specified substance governed by the sanctions set forth in Article 10.3 (specified substances) and the other involving a Prohibited Substance or Prohibited Method governed by the sanctions set forth in Article 10.2 or a violation governed by the sanctions in Article 10.4.1, the period of Ineligibility imposed for the second offense shall be at a minimum two years’ Ineligibility and at a maximum three years’ Ineligibility.  Any Athlete found to have committed a third anti-doping rule violation involving any combination of specified substances under Article 10.3 and any other anti-doping rule violation under Article 10.2 or 10.4.1 shall receive a sanction of lifetime Ineligibility.

10.7         Disqualification of Results in Competitions Subsequent to Sample Collection 

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 doping 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         Commencement of Ineligibility Period 

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 accepted or otherwise imposed.  Any period of Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.  Where required by fairness, such as delays in the hearing process or other aspects of Doping Control not attributable to the Athlete, the IFS 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.

10.9         Status During Ineligibility 

No Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in an Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IFS or any National Sumo Federation.  In addition, for any anti-doping rule violation not involving specified substances described in Article 10.3, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by IFS and its National Sumo Federations.  A 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 sports subject to the jurisdictions of IFS and its National Sumo Federations, but only so long as the local sport event is not at a level that could otherwise qualify such Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event.

 

 

10.10                              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 IFS, the applicable National Sumo Federation, and any other Anti-Doping Organization having Testing jurisdiction, and must provide current and accurate whereabouts information as provided in Article 5.5.  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 IFS and the applicable National Sumo Federation and has been subject to Out-of-Competition Testing for a period of time equal to the longer of the period set forth in Article 5.6 or the 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 Sumo 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 IFS. In addition, immediately prior to the end of the suspension period, an Athlete must undergo Testing by IFS for the Prohibited Substances and Methods for Out-of-Competition Testing.  Once the period of an Athlete's suspension 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 Sumo Federation will then be necessary.

ARTICLE 11      CONSEQUENCES TO TEAMS

 11.1  If a member of a team is found to have committed a violation of these Anti-Doping rules during an Event where a team ranking is based on the addition of individual results, the results of the Athlete committing the violation will be subtracted from the team result and replaced with the results of the next applicable team member. If by removing the Athlete’s results from the team results, the number of Athletes counting for the team, is less than the required number, the team shall be eliminated from the ranking.

ARTICLE 12              SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL SUMO FEDERATIONS

12.1         The IFS Executive Board has the authority to withhold some or all funding or other non-financial support to National Sumo Federations that are not in compliance with these Anti-Doping Rules.

12.2         National Sumo Federations shall be obligated to reimburse IFS 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 National Sumo Federation.

12.3         IFS may elect to take additional disciplinary action against National Sumo 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 Sumo Federation within a 12-month period in testing conducted by IFS or Anti-Doping Organizations other than the National Sumo Federation or its National Anti-Doping Organization.  [In such event the IFS may in its discretion elect to:  (a)  ban all officials from that National Sumo Federation for participation in any IFS activities for a period of up to two years and/or (b) fine the National Sumo Federation in an amount up to $100,000 U.S. Dollars. (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 Sumo Federation within a 12-month period in testing conducted by IFS or Anti-Doping Organizations other than the National Sumo Federation or its National Anti-Doping Organization, then the IFS may suspend that National Sumo Federation’s membership for a period of up to 4 years.

12.3.2        More than one Athlete or other Person from a National Sumo Federation commits an Anti-Doping Rule violation during an International Event.  [In such event IFS may fine that National Sumo Federation in an amount up to $100,000 U.S. Dollars.

12.3.3  A National Sumo Federation has failed to make diligent efforts to keep IFS informed about an Athlete's whereabouts after receiving a request for that information from IFS. In such event IFS may fine the National Sumo Federation in an amount up to $100,000 U.S. Dollars per Athlete in addition to all of IFS costs incurred in Testing that National Sumo Federation's Athletes.

            ARTICLE 13        APPEALS

13.1         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. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.  Before an appeal is commenced, any post-decision review authorized in Article 8.7must be exhausted.

13.2         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, a decision that no anti-doping rule violation was committed, a decision that the IFS or its National Sumo Federation lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences, [and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Article 7.4] may be appealed exclusively as provided in this Article 13.2.  [Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.]

13.2.1        In cases arising from competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to the Court of Arbitration for Sport ("CAS") in accordance with the provisions applicable before such court. 

13.2.2        In cases involving Athletes that do not have a right to appeal under Article 13.2.1, each National Sumo Federation shall have in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing body; the right to be represented by a counsel at the person’s expense; and a timely, written, reasoned decision.  IFS’s rights of appeal with respect to these cases are set forth in Article 13.2.3 below.

13.2.3        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) IFS and any other Anti-Doping Organization under whose rules a sanction could have been imposed; (d) 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 (e) 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 Sumo Federation's rules but, at a minimum, shall include: (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) IFS; and (d) WADA.  For cases under Article 13.2.2, WADA and IFS shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body.

13.3         Appeals from Decisions Granting or Denying a Therapeutic Use Exemption

Decisions by WADA reversing the grant or denial of a TUE exemption may be appealed exclusively to CAS by the Athlete, IFS, or National Anti-Doping Organization or other body designated by a National Sumo Federation which granted or denied the exemption.  Decisions to deny therapeutic use exemptions, and 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 therapeutic use exemption, that decision may be appealed to CAS by WADA.

13.4         Appeal from Decisions Pursuant to Article 12 

Decisions by IFS pursuant to Article 12 may be appealed exclusively to CAS by the National Sumo Federation.

13.5         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;

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.

ARTICLE 14              NATIONAL SUMO FEDERATIONS  INCORPORATION OF IFS RULES, REPORTING AND RECOGNITION

14.1         Incorporation of IFS Anti-Doping Rules 

All National Sumo Federations shall comply with these Anti-Doping Rules.  These Anti-Doping Rules shall also be incorporated either directly or by reference into each National Sumo Federations Rules. All National Sumo Federations shall include in their regulations the procedural rules necessary to effectively implement these Anti-Doping Rules. Each National Sumo Federation shall obtain the written acknowledgement and agreement, in the form attached as Appendix 1, of all Athletes subject to Doping Control and Athlete Support Personnel for such Athletes.  Notwithstanding whether or not the required form has been signed, the Rules of each National Sumo Federation shall specifically provide that all Athletes, Athlete Support Personnel and other Persons under the jurisdiction of the National Sumo Federation shall be bound by these Anti-Doping Rules.

14.2         Statistical Reporting 

National Sumo Federations shall report to IFS at the end of every year results of all Doping Controls within their jurisdiction sorted by Athlete and identifying each date on which the Athlete was tested, the entity conducting the test, and whether the test was In-Competition or Out-of-Competition.  IFS may periodically publish Testing data received from National Sumo Federations as well as comparable data from Testing under IFS's jurisdiction.

14.3         Doping Control Information Clearing House 

When a National Sumo Federation has received an Adverse Analytical Finding on one of its Athletes it shall report the following information to IFS and WADA within fourteen (14) days of the process described in Article 7.1.2 and 7.1.3: the Athlete’s name, country, sport and discipline within the sport, whether the test was In-Competition or Out-of-Competition, the date of Sample collection and the analytical result reported by the laboratory. The National Sumo Federation shall also regularly update IFS and WADA on the status and findings of any review or proceedings conducted pursuant to Article 7 (Results Management), Article 8 (Right to a Fair Hearing) or Article 13 (Appeals), and comparable information shall be provided to IFS and WADA within 14 days of the notification described in Article 7.1.9, with respect to other violations of these Anti-Doping Rules.  In any case in which the period of Ineligibility is eliminated under Article 10.5.1 (No Fault or Negligence) or reduced under Article 10.5.2 (No Significant Fault or Negligence), IFS and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither IFS nor WADA shall disclose this information beyond those persons within their organisations with a need to know until the National Sumo Federation has made public disclosure or has failed to make public disclosure as required in Article 14.4 below.

14.4         Public Disclosure 

Neither IFS nor its National Sumo Federation shall publicly identify Athletes whose Samples have resulted in Adverse Analytical Findings, or who were alleged to have violated other Articles of these Anti-Doping Rules until 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 [or the Athlete has been Provisionally Suspended].  Once a violation of these Anti-Doping Rules has been established, it shall be publicly reported within 20 days.

14.5          Recognition of Decisions by IFS and National Sumo Federations 

Any decision of IFS or a National Sumo Federation regarding a violation of these Anti-Doping Rules shall be recognized by all National Sumo Federations, which shall take all necessary action to render such results effective.

ARTICLE 15              RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS

Subject to the right to appeal provided in Article 13, the Testing, therapeutic use exemptions and hearing results or other final adjudications of any Signatory to the Code which are consistent with the Code and are within the Signatory’s authority, shall be recognised and respected by IFS and its National Sumo Federations. IFS and its National Sumo Federations may 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.

ARTICLE 16      STATUTE OF LIMITATIONS

No action may be commenced under these Anti-Doping Rules against an Athlete or other Person for a violation of an anti-doping rule contained in these Anti-Doping Rules unless such action is commenced within eight years from the date the violation occurred.

ARTICLE 17                  IFS Compliance Reports to WADA

IFS will report to WADA on IFS's compliance with the Code every second year and shall explain reasons for any noncompliance.

 

 

ARTICLE 18              AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES

18.1         These Anti-Doping Rules may be amended from time to time by the IFS Executive Board, on advice from the International Olympic Committee.

18.2         Except as provided in Article 18.5, these Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

18.3         The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.

18.4         The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules.

18.5         These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code.  The comments annotating various provisions of the Code may, where applicable, assist in the understanding and interpretation of these Anti-Doping Rules.

18.6         Notice to an Athlete or other Person who is a member of a National Sumo Federation may be accomplished by delivery of the notice to the National Sumo Federation.

18.7         These Anti-Doping Rules shall not apply retrospectively to matters pending before the date these Anti-Doping Rules came into effect.

 

 


 

APPENDIX 1 - DEFINITIONS

 

Adverse Analytical Finding.  A report from a laboratory or other approved Testing entity that identifies in a Specimen 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, National Sumo Federations, and National Anti-Doping Organizations.

 

Athlete.  For purposes of Doping Control, any Person who participates in sport at the international level (as defined by each International Federation) or national level (as defined by each National Anti-Doping Organization) and any additional Person who participates in sport at a lower level if designated by the Person's National Anti-Doping Organization.  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.

 

Athlete Support Personnel.  Any coach, trainer, manager, agent, team staff, official, medical or para-medical personnel working with or treating Athletes 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 renunciates the attempt prior to it being discovered by a third party not involved in the Attempt.

 

Code.  The World Anti-Doping Code.

 

Competition.  A single race, match, game or singular athletic contest.  For example, the finals of the Olympic 100-meter dash.  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.

 

Consequences of Anti-Doping Rules 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 10.9; 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 Rules Violations above.

 

Doping Control.  The process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals.

 

Event.  A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, FINA World Championships, or Pan American Games).

 

In-Competition.  For purposes of differentiating between In-Competition and Out-of-Competition Testing, unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organization, an In-Competition test is a test where an Athlete is selected for testing in connection with a specific Competition.

 

Independent Observer Program. A team of observers, under the supervision of WADA, who observe the Doping Control process at certain Events and report on observations.  If WADA is testing In-Competition at an Event, the observers shall be supervised by an independent organization. 

 

Ineligibility.  See Consequences of Anti-Doping Rules Violations above.

 

International EventAn 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.