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INTRODUCTION
Preface
On 7th
March, 2008, the National Anti Doping Agency [NADA] has accepted
the World Anti-Doping Code (the “Code”). These Anti-Doping Rules
are adopted and implemented in conformity with the NADA’s
responsibilities under the Code, and are in furtherance of NADA’s
continuing efforts to eradicate doping in India.
Anti-Doping Rules, like Competition rules, are sport rules
governing the conditions under which sport is played. Athletes and
Athlete Support Personnel 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.
The Code defines NADA as;
The entity designated by India
as possessing the primary authority 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 .
Fundamental Rationale for the
Code and the NADA’s Anti-Doping Rules
Anti-doping programmes 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:
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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.
The National Anti-Doping
Programme
The National Anti Doping Agency
[NADA] was established by the Government of India, with the
objective of acting as the independent Anti-Doping Organization
for India. The NADA has the necessary authority and responsibility
for:
Planning, coordinating,
implementing, monitoring and advocating improvements in the Doping
Control;
Cooperating with other relevant
national organizations and other Anti-Doping Organizations;
Encouraging reciprocal Testing
between National Anti-Doping Organizations;
Promoting anti-doping research;
Planning, implementing and
monitoring information and education programs.
The NADA thereby is a distinct
body, independent from the disciplinary authorities (the
Anti-Doping Disciplinary Panel and Anti-Doping Appeal Panel).
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The NADA Anti-Doping Rules
These Anti-Doping Rules, like
Competition rules, are rules governing the conditions under which
sport is played. Participants accept these rules as a condition of
participation in sport. These 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.
Scope
These Anti-Doping Rules shall
apply to NADA, each National Federation of India, and each
Participant in the activities of the National Federations by
virtue of the Participant’s membership, accreditation, or
participation in their National Federations, or their activities
or Events. Any Person who is not a member of a National Federation
of India and who fulfills the requirements to be part of the NADA
Registered Testing Pool , must become a member of the Person’s
National Federation, and shall make himself or herself available
for Testing, at least [twelve (12)] months before participating in
International Events or Events of his or her National Federation.
These Anti-Doping Rules shall
apply to all Doping Controls over which the NADA has jurisdiction.
1 ARTICLE 1 APPLICATION OF
RULES
1.1 Application to National
Sports Federations
1.1.1 National Sports
Federations shall accept these Anti-Doping Rules and incorporate
these Anti-Doping Rules either directly or by reference into their
governing documents, constitution and/or rules and thus as part of
the rules of sport and the rights and obligations governing their
members and Participants.
1.1.2 The application of these
Anti-Doping Rules to Participants is based on the membership
obligations that exist between National Sports Federations and
their members or Participants through those individuals’ agreement
to participate in sport according to its rules.
1.1.3 As a condition of
receiving financial and/or other assistance from the Government of
India and/or the NADA, National Sports Federations shall accept
and abide by the spirit and terms of the National Anti- Doping
Programme and these Anti-Doping Rules,including the application of
its sanctions to individuals, and shall respect the authority of,
and co-operate with, the NADA and the hearing bodies in all
anti-doping matters which are not governed by the rules of the
relevant International Federation in accordance with the Code.
1.1.4 By the adoption of these
Anti-Doping Rules and their incorporation into their governing
documents and rules of sport, National Sports Federations
recognize the authority and responsibility of the NADA for
implementing the National Anti-Doping Programme and authorize the
NADA to carry out Doping Control and their members and
Participants accordingly recognize and accept this authority and
responsibility.
The International Federation
and the NADA respect each other’s authority and responsibility as
foreseen in the Code.
1.1.5 By the adoption of these
Anti-Doping Rules and their incorporation into their governing
documents and rules of sport, National Sports Federations also
formally submit the National Sports Federation and all Athletes
under its jurisdiction or control or subject to its governing
documents or rules of sport to these Anti-Doping Rules. They agree
to abide by the decisions made pursuant to these Anti-Doping
Rules, in particular the decisions of the Anti-Doping Disciplinary
Panel, the Anti-Doping Appeal Panel. Their International
Federations, members and Participants accordingly recognize and
accept this submission and agreement subject to the rights of
appeal foreseen in these rules.
1.2 Application to Persons
1.2.1 The NADA Anti-Doping
Rules apply to all Persons who:
1.2.1.1 are members of a
National Sports Federation of
India, regardless of where they
reside or are situated;
1.2.1.2 are members of a
National Sports Federation’s affiliated members, clubs, teams,
associations or leagues;
1.2.1.3 participate in any
capacity in any activity organized, held, convened or authorized
by a National Sports Federation of India or its affiliated
members, clubs, teams, associations or leagues; and
1.2.1.4 participate in any
capacity in any activity organized, held, convened or authorized
by a National Event organization, or a national league not
affiliated with a National Sports Federation.
1.2.2 Participants including
Minors are deemed to accept, submit to and abide by these
Anti-Doping Rules by virtue of their participation in sport.
1.2.3 The Roles and
Responsibilities of Athletes are to:
1.2.3.1 be knowledgeable of and
comply with all applicable anti-doping policies and rules adopted
pursuant to the Code;
1.2.3.2 be available for Sample
collection;
1.2.3.3 take responsibility, in
the context of anti-doping, for what they ingest and Use; and
1.2.3.4 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 anti-doping
policies and rules adopted pursuant to the Code.
1.2.4 The Roles and
Responsibilities of Athlete Support Personnel are to:
1.2.4.1 be knowledgeable of and
comply with all anti-doping policies and rules adopted pursuant to
the Code and which are applicable to them or the Athletes to whom
they support;
1.2.4.2 cooperate with the
Athlete Testing program; and
1.2.4.3 use their influence on
Athlete values and behavior to foster anti-doping attitudes.
1.2.5 If any Person is found to
have committed an anti-doping rules violation, the Consequences of
these Anti-Doping Rules shall apply. A Person sanctioned under
these Anti-Doping Rules remains subject to it throughout the
duration of the Ineligibility regardless of that Person’s
membership status in any National Sports Federation or sports
organization. Unless the Person sanctioned retires during the
period of Ineligibility, this shall include remaining subject to
Doping Control.
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2 ARTICLE 2 ANTI-DOPING RULE
VIOLATIONS
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 (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 rule 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 and missed tests as set forth in Article 5.4
(Athlete whereabouts
requirements).
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 TUE
granted in accordance with Article 4.4 (TUEs) 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
TUE granted to an Athlete in accordance with Article
4.4 (TUEs) 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.
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3 ARTICLE 3 PROOF OF DOPING
3.1 Burdens and Standards of
Proof
3.1.1 The NADA has the burden
of establishing that an antidoping rule violation has occurred.
The standard of proof shall be whether the NADA has established an
anti-doping rule violation to the comfortable satisfaction of the
hearing body bearing in mind the seriousness of the allegation
that 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.
3.1.2 Where these Anti-Doping
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 Laboratories. The Athlete may rebut this presumption by
establishing that a departure from the International Standard for
laboratory analysis occurred. I f the Athlete rebuts the preceding
presumption by showing that a departure from the International
Standard for laboratory analysis occurred, then the NADA 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 this International Standard occurred during
Testing then the NADA 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.
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4 ARTICLE 4 THE PROHIBITED LIST
4.1 Incorporation of the
Prohibited List
4.1.1 These Anti-Doping Rules
adopt and incorporate the WADA International Standard for the
Prohibited List asamended from time to time and all Participants
and National Sports Federations shall be deemed to accept the
amendments as binding upon them.
4.1.2 The Prohibited List shall
be revised by WADA from time to time. Unless provided for
otherwise in the Prohibited List and/or a revision, the Prohibited
List and revisions shall go into effect under these Anti-Doping
Rules three (3) months after publication of the Prohibited List by
WADA without requiring any further action by the NADA.
4.1.3 The NADA make the most
recently revised Prohibited List publicly available. It is the
responsibility of each National Sports Federation to ensure that
the current Prohibited List is available to its members and
Participants.
4.2 Prohibited Substances and
Prohibited Methods Identified on the Prohibited List
The Prohibited List identifies
those Prohibited Substances and Prohibited Methods which are
prohibited as doping at all times (both In-Competition and
Out-of-Competition) and those substances and methods which are
prohibited In-Competition only.
4.3 Substances and Methods on
the Prohibited List
WADA’s determination of the
Prohibited Substances and Prohibited Methods that shall be
included on the Prohibited List shall be final and shall not be
subject to challenge by an Athlete or other Person.
4.4 TUEs
4.4.1 These Anti-Doping Rules
adopt and incorporate the WADA International Standard for TUEs as
amended from time to time and all Participants and National Sports
Federations shall be deemed to accept the amendments as binding
upon them.
4.4.2 Athletes subject to these
Anti-Doping Rules with a medical condition requiring the Use of a
Prohibited Substance or a Prohibited Method, shall obtain a TUE
from the NADA or an International Federation as provided for in
this Article. The application for a TUE from such an Athlete shall
occur immediately when the Athlete becomes aware that the Use of a
Prohibited Substance or a Prohibited Method is required and,
subject to an emergency, the TUE shall have been obtained prior to
that Athlete’s participation in any Competition.
4.4.3 An Athlete subject to
Testing under these Anti-Doping Rules, who is, or has been prior
to the adoption of these Anti-Doping Rules, granted a TUE by an
International Federation, shall immediately report the granting of
the TUE to the NADA and to the National Sports Federation
concerned and shall provide to the NADA all relevant information
and documentation. TUEs granted prior to the adoption of these
Anti-Doping Rules shall be recognized by the NADA where the TUE
was granted in accordance with the TUE Standard and the TUE has
not expired or otherwise been effected by any changes in the
Prohibited List occurring since the date the TUE was granted.
4.5 TUEs for
International-Level Athletes and Athletes Participating in
International Events
4.5.1 International-Level
Athletes or Athletes participating in International Events shall
apply to the International Federation concerned for the TUE,
except in emergency situations, no later than twenty one (21) days
before the Athlete’s participation in an International Event, or
as otherwise provided for in the anti-doping rules of that
International Federation, and simultaneously provide a copy of
that application for information to the NADA.
4.5.2 Where the International
Federation has not implemented a process to grant TUEs, the
Athlete shall apply to the NADA for a TUE.
4.6 TUEs for National-Level
Athletes and Athletes Participating in National Events
National-Level Athletes and
Athletes participating in National Events shall obtain a TUE from
the NADA, unless the Athlete has previously received a TUE from an
International Federation and such TUE is still valid and its
granting has been reported to the NADA.
4.7 NADA TUEC
4.7.1 The NADA shall appoint a
TUEC to consider applications for TUEs. To avoid potential
conflicts of interest, all members of the TUEC shall be
independent from the NADA. Where members of the TUEC have an
interest in individual National Sports Federations or
International Federations, they are excluded from considering
applications for TUEs from Athletes who are members of the same
individual National Sports Federations or International
Federations.
4.7.2 The TUEC member(s) so
designated shall promptly evaluate such a request in
accordance with the International Standard for TUEs and render a
decision on such request, which shall be the decision of the NADA.
4.7.3 The NADA and the TUEC
shall conduct the administration and determination of applications
for TUEs in strict confidence.
4.8 Applications for TUEs
4.8.1 An application for a TUE
shall be made in accordance with the International Standard for
TUEs.
4.8.2 The Athlete shall provide
written consent for the transmission of all information pertaining
to the application to members of the TUEC and, as required, other
independent medical or scientific experts and to all necessary
staff involved in the management, review or appeals of TUEs. The
Athlete shall also provide written consent for the decisions of
the TUEC to be distributed to other relevant Anti-Doping
Organizations under the provisions of the Code and for data to be
stored in and transferred to the WADA Clearinghouse.
4.9 Review of TUEs
4.9.1 WADA, at the request of
an Athlete or on its own initiative, may review the granting or
denial of any TUE by the NADA.
4.9.2 Until the review process
has been completed, the original decision remains in effect.
4.9.3 If WADA determines that
the grant or denial of a TUE did not comply with the International
Standard for TUEs in force at the time, then WADA may reverse that
decision and the TUE shall stand cancelled. In the event of a
cancellation, WADA will advise the Athlete, the NADA and to the
National Sports Federation concerned.
4.9.4 Decisions on TUEs are
subject to further appeal as provided in Article 13.8 (Appeals
from Decisions Granting or Denying a TUE) and pursuant to the
rules of CAS.
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5 ARTICLE 5 TESTING
5.1 Incorporation of the
International Standard for Testing These Anti-Doping Rules adopt
and incorporate the WADA International Standard for Testing as
amended from time to time and all Participants and National Sports
Federations shall be deemed to accept the amendments as binding
upon them. Testing conducted by, or on behalf of, the NADA and
National Sports Federations shall be in substantial conformity
with the International Standard for Testing in force at the time
of Testing.
5.2 Testing
All Athletes subject to these
Anti-Doping Rules are subject to In-Competition Testing by their
National Sports Federation, its International Federation, the NADA
and any Anti-Doping Organization responsible for Testing at a
Competition or Event in which they participate. All Athletes
subject to these Anti-Doping Rules shall also be subject to
Out-of- Competition Testing at any time or place, by their
National Sports Federation, its International Federation, the
NADA, WADA, the National Anti-Doping Organization of any country
where the Athlete is present, the International Olympic Committee
in connection with the Olympic Games and the International
Paralympic Committee in connection with the Paralympic Games. This
Testing may include Target Testing.
5.3 Testing at Events
At International Events, the
collection of Doping Control Samples shall be initiated and
directed by the international organization that is the ruling body
for the Event. If the international organization decides not to
conduct any Testing at such an Event, the NADA may, in
coordination with and with the approval of the international
organization or WADA, initiate and conduct such Testing. At
National Events, the collection of Doping Control Samples shall be
initiated and directed by the NADA.
5.4 Whereabouts Requirements
5.4.1 The NADA shall identify a
Registered Testing Pool, and shall revise its Registered Testing
Pool from time to time as appropriate. Each National Sports
Federation shall assist the NADA in identifying and maintaining
the NADA Registered Testing Pool. National Sports Federations
shall ensure that Athletes who are not their regular members are
included in the NADA Registered Testing Pool at least for the year
prior to the Olympic Games, as a member of a NOC Team.
5.4.2 The NADA shall notify
each Athlete of their inclusion in the Registered Testing Pool and
advise that Athlete of their obligations under these Anti-Doping
Rules. Each Athlete in the Registered Testing Pool shall file half
yearly whereabouts information with the NADA on forms provided by
the NADA which specify on a daily basis the locations and times
where the Athlete will be residing, training and/or competing.
Athletes shall update this information as necessary so that it is
current and complete at all times. Where Athletes are also
required to provide whereabouts information to their International
Federation, Athletes shall simultaneously provide a copy of that
information to the NADA unless it is available through the WADA
Clearinghouse.
The NADA shall recommend that
the responsible sports organization withhold some or all
sport-related financial support from an Athlete where the
Athlete’s regular report is not received by the NADA by the due
date or is not fully and accurately completed.
5.4.3 Any Athlete in the NADA
Registered Testing Pool who fails to submit a mandatory
whereabouts report after three formal written warnings from the
NADA to do so in the preceding eighteen (18) months, shall be
considered to have committed an anti-doping rule violation
pursuant to Article 2.4 (Whereabouts Violations).
5.4.4 Any Athlete in the NADA
Registered Testing Pool who is unavailable for Testing on three
attempts during any period of eighteen (18) consecutive months
shall be considered to have committed an anti-doping rule
violation pursuant to Article 2.4 (Whereabouts Violations).
Notification shall be sent to the Athlete in respect of each
attempt.
5.5 Retirement and Return to
Competition
5.5.1 An Athlete who has been
identified by the NADA for inclusion in the Registered Testing
Pool shall continue to be subject to these Anti-Doping Rules,
including the obligation to be available for No Advance Notice
Outof-Competition Testing, unless and until the Athlete gives
written notice to NADA and to their National Sports Federation
that they have retired for the purposes of these Anti-Doping Rules
or until they no longer satisfy the criteria for inclusion in the
Registered Testing Pool and have been so informed by NADA.
5.5.2 An Athlete who is not
serving a Period of Ineligibility who has given notice of
retirement may not resume competing unless they notify NADA at
least twelve (12) months before they expect to return to
Competition. This notification must include the submission to
these Anti-Doping Rules, including the provision of whereabouts
information and availability for No Advance Notice
Out-of-Competition Testing during this period.
5.6 Selection of Athletes to be
Tested
NADA shall select Athletes for
Testing through a process that substantially complies with the
International Standard for Testing in force at the time of
selection. In this regard, No Advance Notice shall be the
preferred method for Out-of-Competition Testing.
5.7 Testing of Minors
Testing under these Anti-Doping
Rules may only be conducted on a Minor where a Person with legal
responsibility for that Minor has given prior consent. The giving
of such prior consent shall be a condition precedent to the
participation of that Minor in sport, unless the rules of the
relevant Natational Sports Federation provide otherwise.
5.8 Independent Observer
Program
NADA, National Sports
Federations and the organization committees for Events and their
employees, contractors, officials and agents shall provide access
to Persons participating in the Independent Observers Program at
Events.
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6 ARTICLE 6 ANALYSIS OF SAMPLES
6.1 Incorporation of the
International Standard for Laboratories These Anti-Doping Rules
adopt and incorporate the WADA International Standard for
Laboratories as amended from time to time and all Participants and
National Sports Federations shall be deemed to accept the
amendments as binding upon them.
6.2 Utilization of Approved
Laboratories
NADA shall send Doping Control
Samples collected under these Anti-Doping Rules for analysis only
in 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 NADA. Laboratories shall analyze Doping Control
Samples and report results in substantial conformity with the
International Standard for Laboratories.
6.3 Substances Subject to
Detection
Doping Control 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.
6.4 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.
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7 ARTICLE 7 RESULTS MANAGEMENT
7.1 Laboratory Results and
Possible Failure to Comply Reports
7.1.1 NADA shall receive the
analytical results from the laboratory by secure fax, hand
delivery or electronically through the WADA Clearinghouse.
7.1.2 NADA shall receive any
Doping Control Officer Reports indicating a possible Failure to
Comply from the relevant Doping Control Officer along with other
documentation from the Sample Collection Session, by secure fax,
hand delivery or electronically through the WADA Clearinghouse.
7.2 Negative Analytical
Findings
7.2.1 NADA shall identify from
the Doping Control Form all Athletes whose Samples have resulted
in a Negative Analytical Finding.
7.2.2 NADA shall notify via the
WADA Clearinghouse, relevant stakeholders of Negative Analytical
Findings to ratify Records.
7.2.3 NADA may notify Athletes
or their representative of Negative Analytical Findings if so
required. However, NADA shall reserve the possibility to conduct
further Testing on the Sample as long as they are stored securely.
7.2.4 All documentation from
the Sample Collection Session along with the notification of
Negative Analytical Findings shall be retained by NADA for a
minimum of eight (8) years.
7.3 Adverse Analytical Findings
7.3.1 Initial Review
7.3.1.1 Upon receipt of an
Adverse Analytical Finding, NADA shall review for any irregularity
all of the documentation relating to the Sample Collection Session
(including the Doping Control Form, Doping Control Officer Report
and other Records), and the laboratory analysis.
7.3.1.2 If there are any
irregularities in the documentation, NADA shall determine whether
the irregularity can be considered to undermine the validity of
the Adverse Analytical Finding.
7.3.1.3 If irregularities are
reasonably considered to undermine the validity of the Adverse
Analytical Finding, NADA shall declare the test result void.
7.3.1.4 If a test is declared
void due to an irregularity, NADA may schedule an additional test
on the Athlete at a later time.
7.3.1.5 If the NADA declares a
test result void, it shall immediately inform the Athlete, the
Athlete’s International Federation, National Sporting Federation
and WADA.
7.3.2 Follow-up Investigations
7.3.2.1 If Sample shows the
presence of a Prohibited Substance (for example endogenous
substances) where further investigations are required to determine
an Anti-Doping Rule Violation, NADA may conduct an investigation
before issuing a notice to an Athlete asserting that an
Anti-Doping Rule Violation has occurred.
7.3.2.2 In the case where the
laboratory has reported the presence of a testosterone/epitestosterone
ratio greater than 6 to 1 in the urine, further investigation is
obligatory in order to determine whether the ratio is due to a
physiological or pathological condition. The investigation will
include a review of any previous tests, subsequent tests, results
of endocrinological investigations and/or CIRMS analyses. Where
previous tests are not available, the Athlete shall undergo an
endocrine investigation or be tested on a No Advance Notice basis
at least once per month for three months.
7.3.2.3 NADA may request the
assistance of the laboratory and other scientific and/or medical
expertise as necessary to conduct an investigation, not revealing
the identity of the Athlete.
7.3.2.4 If NADA determines that
the past doping test history of the Athlete is relevant to the
investigation, and NADA does not already have this information,
NADA must notify the Athlete in writing that the Athlete’s past
doping test history is required and provide reasoning for such
request. The Athlete must then forward details of their past
doping test history to NADA within seven (7) days of receiving the
notice and authorize NADA to request information from other
Anti-Doping Organizations. NADA may contact other Anti-Doping
Organizations, other laboratories or WADA to verify the Athlete’s
past doping test history.
7.3.2.5 NADA shall make the
final consideration as to whether the follow-up investigation
procedures evidence of an Anti-Doping Rule Violation. In making
the consideration, NADA must take into account all laboratory
analyses and the findings and recommendation of any medical
advisory or review committee. NADA may consult the laboratory and
any other experts to assist in the interpretation of the follow-up
investigation results.
7.3.2.6 If NADA determines that
the investigation indicates that the Adverse Analytical Finding is
due to a physiological or pathological condition and not due to an
Anti-Doping Rule Violation, NADA shall advise the Athlete
accordingly and no further action shall be taken in relation to
the Adverse Analytical Finding.
7.3.2.7 If NADA determines that
the investigation establishes evidence of an Anti-Doping Rule
Violation, then NADA shall follow these Anti- Doping Rules with
respect to the Adverse Analytical Finding.
7.3.3 TUEs
7.3.3.1 If the analysis reveals
a Prohibited Substance or method for which a TUE has been granted
in accordance with the International Standards for TUEs, no
further action is required.
7.3.3.2 If the Athlete has been
granted a TUE in accordance with the International Standard for
TUEs, but the level of the Prohibited Substance in the Sample is
not consistent with the TUE, then NADA shall continue to follow
these Anti-Doping Rules in respect to the A Sample Adverse
Analytical Finding.
7.3.3.3 If the Athlete has not
been granted a TUE in accordance with the International Standard
for TUEs, then NADA shall follow these Anti-Doping Rules in
respect to the A Sample Adverse Analytical Finding.
7.3.3.4 Despite the fact that
the Athlete has produced any other medical information at the time
of the Doping Control NADA shall follow these Anti-Doping Rules in
respect to the A Sample Adverse Analytical Finding.
7.3.4 Notification After
Initial Review
7.3.4.1 Once NADA has
determined that the Adverse Analytical Finding is not due to any
irregularity that undermines its validity and that there is no
applicable TUE, then NADA shall ensure that the Athlete is
notified in writing of the Adverse Analytical Finding. The notice
shall include the following details:
a) Athletes name, country,
sport and discipline;
b) In-Competition or
Out-of-Competition control and date of the collection;
c) Confirmation that the A
Sample has returned an Adverse Analytical Finding and the details
of the Prohibited Substance identified in the A Sample;
d) The anti-doping rule
asserted to be violated in accordance with NADA, International
Federation and/or National Sports Federation rules, or, where a
further investigation is necessary, a description of the
additional investigation that will be conducted as to whether
there is an Anti-Doping Rule Violation;
e) The possible Consequences of
the Anti-Doping Rule Violation;
f) 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 and the A
Sample finding used as evidence of the Anti-Doping Rule Violation;
g) The right of the Athlete
and/or the Athlete’s representative to attend the B Sample opening
and analysis if such analysis is requested;
h) The other parties that will
be notified of the
A Sample Adverse Analytical
Finding;
i) The Athlete’s right to
request copies of the A and B Sample laboratory report which
includes information as required by the International Standard for
laboratory analysis;
j) The Athlete’s right to
respond to any assertion that an anti-doping rule had been
violated;
k) In cases where a Provisional
Suspension is to be imposed in accordance with Article 7.6 below,
details of that Provisional Suspension, the provisional hearing
and/or expedited hearing as applicable; and
l) The Athlete’s right to waive
their right to a hearing by acknowledging the Anti-Doping Rule
Violation asserted and the identified Consequences of the
Anti-Doping Rule Violation.
7.3.4.2 In an Event where a
Provisional Suspension (Article 7.6) is to be imposed or other
instances where time dictates, the above details may be given to
the Athlete and other relevant organizations verbally in the first
instance and followed up by notice in writing as soon as possible.
7.3.5 B Sample Analysis
7.3.5.1 Should the Athlete
and/or NADA decide to have the B Sample analysed NADA shall
contact the laboratory and confirm the date and time for analysis
of the B Sample.
7.3.5.2 NADA shall notify the
Athlete of the time for the B Sample analysis, which should be no
later than 5 working days after the Athlete requests that it be
analysed.
7.3.5.3 The time for analysis
of the B Sample may be extended by mutual agreement between the
Athlete, NADA and the laboratory.
7.3.5.4 The Athlete or the
Athlete’s representative has the right to attend the
identification, opening and analysis of the B Sample.
7.3.5.5 Where neither the
Athlete nor his/her representative attends the identification,
opening and analysis of the B Sample, NADA or the laboratory shall
appoint an independent Person.
7.3.5.6 The B Sample must be
performed at the same laboratory and shall be tested by a
different analyst than the A Sample.
7.3.5.7 If the B Sample
analysis does not confirm the A Sample analysis, NADA shall notify
the Athlete that the Sample has been declared negative and that no
further action will occur. In circumstances where a Provisional
Suspension has been imposed, refer to Article 7.6.4.
7.3.5.8 If the B Sample
analysis does confirm the A Sample Adverse Analytical Finding,
NADA shall continue to follow these Anti-Doping Rules with respect
to the Adverse Analytical Finding.
7.4 Other Anti-Doping Rule
Violations
7.4.1 Initial Review
7.4.1.1 Upon receipt of a
Doping Control Officer Report and/or other related documents
showing a possible Anti-doping Rule Violation, NADA shall review
for any irregularity all of the documentation relating to the
case.
7.4.1.2 If there are any
irregularities in the documentation NADA shall determine whether
the irregularity can reasonably be considered to undermine the
possibility of an Anti-Doping Rule Violation.
7.4.1.3 If irregularities are
reasonably considered to undermine the possibility of an
Anti-Doping Rule Violation, NADA shall not pursue the Doping
Control Officer Report further.
7.4.1.4 If NADA decides not to
pursue the Doping Control Officer Report further, it shall
immediately inform the Athlete’s International Federation,
National Sports Federation and WADA.
7.4.1.5 The Athlete and/or
Support Personnel may make a submission in relation to a possible
Anti-Doping Rule Violation. NADA shall consider this submission in
suggesting whether to issue notice to the Athlete and/or Support
Personnel that there has been a possible Anti-Doping Rule
Violation.
7.4.2 Notification After
Initial Review
7.4.2.1 Once NADA has
determined that the Doping Control Officer Report and/or other
related documentation showing a possible Anti-Doping Rule
Violation is not due to an irregularity that undermines the
possibility of an Anti-Doping Rule Violation, then NADA shall
ensure that the Athlete is notified in writing of the possible
Anti- Doping Rule Violation.
The notice shall include the
following details:
a) The Athlete and/or Support
Personnel name, country, sport and discipline.
b) An outline of the Doping
Control Officer Report and/or other related documentation
indicating the specific Anti- Doping Rule Violation;
c) The anti-doping rule
asserted to be violated in accordance with NADA or applicable
International Federation or National Sports Federation’s rules,
or, where a further investigation is necessary, a description of
the additional investigation that will be conducted as to whether
there is an Anti-Doping Rule Violation;
d) The possible Consequences of
the Anti-Doping Rule Violation;
e) The Athlete’s and/or Support
Personnel right to present submissions relating to the possible
Anti-Doping Rule Violation;
f) The other parties that will
be notified about the Anti-Doping Rule Violation; and
g) In cases where a Provisional
Suspension is to be imposed in accordance with Article 7.6 below,
details of that Provisional Suspension, the provisional hearing
and/or expedited hearing as applicable.
7.4.2.2 In an Event where a
Provisional Suspension (Article 7.6) is to be imposed or other
instances where time dictates, the above details may be given to
Athlete and/or Support Personnel and other relevant organizations
verbally in first instance and followed up with notice in writing
as soon as possible.
7.5 Identity of Athletes
7.5.1 NADA shall identify from
the Doping Control Form and/or other relevant documentation all
Athletes whose Samples have resulted in an Adverse Analytical
Finding/or possible Anti-Doping Rule Violation.
7.5.2 The Athlete’s and/or
Athlete Support Personnel’s identity shall be kept confidential
throughout the results management process. Only the Athlete or
other Person who may have breached an Anti-Doping Rule Violation
shall be notified. The NADA, the atheletes, National Sports
Federation, International Federation and WADA shall be notified
following the completion of the Notification After Initial Review
process (Article 7.3.4).
7.6 Provisional Hearings and
Suspensions
7.6.1 Once the Athlete has
received notification following the initial review as set out in
Article 7.3.4 above, NADA and/or applicable International
Federation may impose a Provisional Suspension on the Athlete.
7.6.2 Where a Provisional Suspension is imposed on an Athlete, the
Athlete must be given either:
a) A provisional hearing prior
to the imposition of the Provisional Suspension;
b) A provisional hearing as soon as possible (within 10 days)
after the imposition of the Provisional Suspension. Extensions can
be granted upon written notification; or
c) An expedited hearing as soon as possible after the imposition
of the Provisional Suspension.
7.6.3 All provisional hearings
or expedited hearings must be conducted in accordance with
Articles 7.5 and 8 of the Code. Separate guidelines for hearings
may also be applicable.
7.6.4 Where a Provisional
Suspension has been imposed in relation to an A Sample Adverse
Analytical Finding, the Athlete has requested that the B Sample
analysis be conducted and the B Sample analysis does not confirm
the A Sample analysis, then the Provisional Suspension shall be
rescinded immediately.
7.6.5 Where a Provisional
Suspension has been imposed in relation to a Doping Control
Officer Report and/or related documentation showing a possible
Anti-Doping Rule Violation and NADA determines, following the
Athlete’s submission, that there has been no Anti32 Doping Rule
Violation, then the Provisional Suspension shall be rescinded
immediately.
7.6.6 Where the Athlete or the
Athlete’s team has been removed from a Competition or Event
following a Provisional Suspension and the Provisional Suspension
is then rescinded in accordance with Article 7.6.4 or 7.6.5 above,
and it is still possible for the Athlete or team to be reinserted
without otherwise affecting the Competition or Event, the Athlete
or team shall be allowed to continue to take part in the
Competition or Event.
7.6.7 If NADA declares that
there has been no Anti-Doping Rule Violation, it shall immediately
inform the Athlete’s International Federation, National Sports
Federation, National Anti-Doping Organization and WADA.
7.7 Assertion of an Anti-Doping
Rule Violation
7.7.1 Where there has been an
Adverse Analytical Finding and:
a) The test has not been declared void due to an irregularity in
accordance with Article 7.3.1;
b) The presence of the Prohibited Substance is not consistent with
a TUE that has been granted in accordance with Article 4;
c) The Athlete has not requested that the B Sample be analysed, or
the B Sample Analysis has been conducted and confirms the A Sample
Adverse Analytical Finding in accordance with Article 7.3.5;
d) Any follow-up investigation conducted that has led to the
conclusion of a possible Anti-Doping Rule Violation in accordance
with Article 7.3.2; and
e) The Athlete has not provided any information or evidence on the
validity of the test that requires further investigation, then
NADA shall assert that there has been an Anti-Doping Rule
Violation.
7.7.2 Where NADA asserts that there has been an Anti-Doping Rule Violation, NADA shall notify the Person, the
Person’s National Anti-Doping Agency, International
Federation, National Sports Federation and WADA in
writing of this assertion.
7.7.3 Where NADA asserts that there has been an Anti-Doping Rule Violation, NADA shall notify the Anti-Doping Disciplinary Panel of the assertion, for a hearing
to be conducted in accordance with Article 8 and any
applicable guidelines. NADA shall provide the Anti-Doping Disciplinary Panel with all of the documentation
relevant to the assertion.
7.7.4 The Person is also entitled to copies of all of the
documentation relevant to the assertion that there has
been an Anti-Doping Rule Violation, and NADA shall
provide this to the Person or his/her representative
upon request.
TOP
8 ARTICLE 8 DISCIPLINARY PROCEDURE
8.1 Appointment of the Anti-Doping Disciplinary Panel
8.1.1 The Government of India, the IOA or the NADA shall
appoint the independent Anti-Doping Disciplinary
Panel which will comprise of the following:
a) A Chair and two (2) Vice-Chairs, each of whom shall
be legal practitioners of not less than five (5) years
standing; and
b) Three (3) medical practitioners of not less than five (5)
years standing; and
c) Three (3) additional members; each of whom shall
be, or has previously been, a sports administrator or
an Athlete,
all of whom will be appointed on the basis that they are in
a position to hear the cases fairly, impartially and
independently.
8.1.2 Each panel member shall be appointed for a term of 2
years.
8.1.3 If a panel member dies or resigns, the Government,
the IOA or the NADA may appoint an independent
Person to be a panel member to fill the resultant
vacancy. The Person so appointed shall be appointed
for the remainder of the term of the member who
occasioned the vacancy.
8.1.4 A panel member may be re-appointed by the
Government, the IOA or the NADA.
8.2 Jurisdiction of the Anti-Doping Disciplinary Panel
8.2.1 The Anti-Doping Disciplinary Panel has the power to
hear and determine all issues arising from any matter
which is referred to it pursuant to these Anti-Doping
Rules. In particular, the Anti-Doping Disciplinary Panel
has the power to determine the Consequences of Anti-Doping Rule Violations to be imposed pursuant to these
Anti-Doping Rules.
8.2.2 The Anti-Doping Disciplinary Panel shall be fair and
impartial in the performance of its functions.
8.2.3 The Anti-Doping Disciplinary Panel has all powers
necessary for, and incidental to, the exercise of its
functions.
8.3 Hearings Before the Anti-Doping Disciplinary Panel
8.3.1 When it appears, following the results management
process described in Article 7 (Results Management),
that these Anti-Doping Rules may have been violated,
NADA shall refer the matter to the Anti-Doping
Disciplinary Panel for adjudication as to whether a
violation of these Anti-Doping rules has occurred and if
so what Consequences should be imposed.
8.3.2 The Chair of the Anti-Doping Disciplinary Panel, or in
his/her absence, a Vice-Chair, shall appoint three (3)
members from the panel to hear and determine each
case. Each such hearing panel shall comprise the
Chair or a Vice-Chair as chair of the hearing panel,
one medical practitioner member and one sports
administrator or Athlete member.
8.3.3 The appointed members shall have had no prior
involvement with the case. Each member, upon
appointment, shall disclose to the Chair any
circumstances likely to affect impartiality with respect
to any of the parties.
8.3.4 An Athlete or other Person may forego a hearing by
waiving the right to a hearing in writing and
acknowledging the violation of these Anti-Doping Rules
and accepting the Consequences consistent with
Code Article 9 (Automatic Disqualification of Individual
Results) and Code Article 10 (Sanctions on Individuals)
as notified by NADA.
8.3.5 The Anti-Doping Disciplinary Panel shall have the
power, at its absolute discretion, to appoint an expert
to assist or advise the panel as required by the panel.
8.3.6 The International Federation, and/or the National Sports
Federation concerned, if not a party to the
proceedings, the Indian Olympic Association, if not a
party to the proceedings, and WADA shall each have
the right to attend hearings of the Anti-Doping Disciplinary Panel as an observer.
8.3.7 Hearings pursuant to this Article should be completedexpeditiously and in all cases within three (3) months of
the completion of the results management process
described in Article 7 (Results Management), save
where exceptional circumstances apply.
8.3.8 Unless otherwise agreed between the parties, the Anti-Doping Disciplinary Panel shall;
8.3.8.1 commence the hearing within fourteen (14) days
of the notification date;
8.3.8.2 issue a written decision within twenty (20) days of
the notification date; and
8.3.8.3 issue written reasons for the decision within thirty
(30) days of the notification date.
8.3.9 Hearings held in connection with Events may be
conducted on an expedited basis.
8.4 Proceedings of the Anti-Doping Disciplinary Panel
8.4.1 Subject to the provisions of these Anti-Doping Rules, the
Anti-Doping Disciplinary Panel and its hearing panels
shall have the power to regulate their procedures.
8.4.2 Hearings of the Anti-Doping Disciplinary Panel shall be
open to the public, unless the Anti-Doping Disciplinary
Panel determines that there are special circumstances
warranting otherwise.
8.4.3 NADA shall present the case against the Person before
the Anti-Doping Disciplinary Panel and, where
requested by NADA, the National Sports Federation of
the Person concerned shall assist NADA.
8.4.4 The Person, against whom the case is brought, has the
right to respond to the asserted anti-doping rule
violation and resulting Consequences.
8.4.5 A failure by any party or their representative to attend
a hearing after notification will be deemed to be an
abandonment of their right to a hearing. This right may
be reinstated on reasonable grounds.
8.4.6 Each party shall have the right to be represented at a
hearing, at that party’s own expense.
8.4.7 Every party shall have the right to an interpreter at the
hearing, if deemed necessary by the hearing panel.
The hearing panel shall determine the identity and
responsibility for the cost of any interpreter.
8.4.8 Each party to the proceedings has the right to present
evidence, including the right to call and question
witnesses (subject to the hearing panel’s discretion to
accept testimony by telephone, written statement or
submission, whether by fax, email or other means).
8.4.9 Facts related to anti-doping rule violations may be
established by any reliable means, including
admissions. The hearing panel may receive evidence,
including hearsay, as it thinks fit and shall be entitled to
attach such weight to that evidence as it deems
appropriate.
8.4.10 The hearing panel may postpone or adjourn a hearing.
8.4.11 The hearing panel, at the request of one of the parties
to the proceedings or on its own initiative, may require
one or more parties to the proceedings, prior to the
hearing, to supply it and/or the other parties to the
proceedings with further particulars of the case to be
presented by that party at the hearing, including what
witnesses they intend to call and that party shall
comply with that direction.
8.4.12 Any failure by the Person concerned to comply with
any requirement or direction of the hearing panel shall
not prevent the hearing panel from proceeding and
such failure may be taken into consideration by the
hearing panel when making its decision.
8.4.13 Hearings may be recorded and the NADA shall own
and retain any recording.
8.5 Decisions of the Anti-Doping Disciplinary Panel
8.5.1 The deliberations of the hearing panel on its decision
shall be private.
8.5.2 Any minority or dissenting decisions shall be noted in
the written reasons. In the event of a majority decision,
this shall be the decision of the hearing panel.
8.5.3 The decision of the hearing panel shall be written,
dated and signed. In order to expedite the finalization
of the hearing, the decision may be handed down
without written reasons in accordance with the time
schedule outlined in Article 8.3.8. 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) the decision shall explain the
basis for the elimination or reduction.
8.5.4 The decision of the hearing panel shall be advised to
the parties to the proceedings, WADA, the relevant
International Federation (and to the National Olympic
Committee and National Sports Federation if not a
party to the proceedings) as soon as practicable after
the conclusion of the hearing.
8.5.5 Decisions of the Anti-Doping Hearing Panel may be
appealed as provided in Article 13 (Appeals).
TOP
9 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
An anti-doping rule violation 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.
TOP
10 ARTICLE 10 SANCTIONS ON INDIVIDUALS
10.1 Disqualification of Results in an Event During which an
Anti-Doping
Rule Violation Occurs
10.1.1 An anti-doping rule violation occurring during or in
connection with an Event may, upon the decision of
the ruling body of 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
10.1.2 If the Athlete establishes that they bear No Fault or
Negligence for the violation, the Athlete’s individual
results in the other Competitions shall not be
Disqualified unless the Athlete’s results in Competitions
other than the Competition in which the anti-doping
rule violation occurred were likely to have been
affected by the Athlete’s anti-doping rule violation.
10.2 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 Code Article 2.1
(Presence of
Prohibited Substance or its Metabolites or Markers), Code Article
2.2 (Use
or Attempted Use of Prohibited Substance or Prohibited Method) and
Code Article 2.6 (Possession of Prohibited Substances and
Prohibited
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
(Elimination
or Reduction of Period of Ineligibility Based on Exceptional
Circumstances).
10.3 Specified Substances
The Prohibited List may identify specified substances which are
particularly
susceptible to unintentional anti-doping rule 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
(Imposition of Ineligibility for Prohibited Substances and
Prohibited
Methods) 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 (Elimination or Reduction of
Period of
Ineligibility Based on Exceptional Circumstances).
10.4 Ineligibility for Other Anti-Doping Rule Violations
The period of Ineligibility for other anti-doping rule violations
shall be:
10.4.1 For violations of Code Article 2.3 (Refusing or Failing to
Submit to Sample Collection) or Code Article 2.5
(Tampering with Doping Control), the Ineligibility
periods set forth in Article 10.2 (Imposition of Ineligibility
for Prohibited Substances and Prohibited Methods) shall
apply.
10.4.2 For violations of Article Code 2.7 (Trafficking), Code
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 (Specified Substances), shall
result in lifetime Ineligibility for such Athlete Support
Personnel. In addition, violations of such Articles that
also violate non-sporting laws and regulations, may be
reported to the competent administrative, professional
or judicial authorities.
10.4.3 For violations of Code Article 2.4 (Whereabouts
Violation or Missed Test), the period of Ineligibility shall
be:
First Violation: A minimum of three (3) months to a
maximum of two (2) years Ineligibility;
Second and Subsequent Violations: Ineligibility for a
period of two (2) years.
10.5 Elimination or Reduction of Period of Ineligibility Based on
Exceptional Circumstances.
10.5.1 No Fault or Negligence
If the Athlete establishes in an individual case involving an
anti-doping
rule violation under Code Article 2.1 (Presence of Prohibited
Substance
or its Metabolites or Markers) or under Code Article 2.2 (Use of a
Prohibited Substance or Prohibited Method) that they bear No Fault
or
Negligence for the violation, the otherwise applicable period of
Ineligibility shall be eliminated. When a Prohibited Substance or
its
Markers or its Metabolites is detected in an Athlete’s Specimen in
violation of Code Article 2.1 (Presence of Prohibited Substance),
the
Athlete shall also establish how the Prohibited Substance entered
their
system in order to have the period of Ineligibility eliminated.
In the event that this Article is applied and the period of
Ineligibility
otherwise applicable is eliminated, the anti-doping rule violation
shall
not be considered a violation only for the limited purpose of
determining the period of Ineligibility for multiple violations
under
Articles 10.2 (Imposition of Ineligibility for Prohibited
Substances and
Prohibited Methods), 10.3 (Specified Substances) and 10.6 (Rules
for
Certain Multiple Violations).
10.5.2 No Significant Fault or Negligence
This Article 10.5.2 applies only to anti-doping rule violations
involving
Code Article 2.1 (Presence of Prohibited Substance or its
Metabolites or
Markers), Use of a Prohibited Substance or Prohibited Method under
Code Article 2.2, failing to submit to Sample collection under
Code
Article 2.3, administration of a Prohibited Substance or
Prohibited
Method under Code Article 2.8. If an Athlete establishes in an
individual
case involving such violations that they bear 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 Code Article 2.1 (Presence of Prohibited Substance),
the
Athlete shall also establish how the Prohibited Substance entered
their
system in order to have the period of Ineligibility reduced.
10.5.3 Athlete’s Substantial Assistance in Discovering or
Establishing
Anti-Doping Rule Violations by Athlete Support Personnel
and Others
The Anti-Doping Disciplinary Panel or Anti-Doping Appeal Panel may
also reduce the period of Ineligibility in an individual case
where the
Athlete has provided substantial assistance to an Anti-Doping
Organization which results in the Anti-Doping Organization
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 section may be no less than 8 years.10.6 Rules for Certain Potential Multiple Violations
10.6.1 For purposes of imposing sanctions under Articles 10.2
(Imposition of Ineligibility for Prohibited Substances and
Prohibited Methods), 10.3 (Specified Substances) and
10.4 (Ineligibility for Other Anti-Doping Rule Violations),
a second anti-doping rule violation may be considered
for purposes of imposing sanctions only if NADA can
establish that the Athlete or other Person committed
the second anti-doping rule violation after the Athlete
or other Person received notice, or after NADA made a
reasonable Attempt to give notice, of the first antidoping
rule violation. If NADA can not 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 (Specified Substances) and another
Prohibited Substance or Prohibited Method, the Athlete
shall be considered to have committed a single antidoping
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 (Imposition of Ineligibility for Prohibited Substances
and Prohibited Methods) or a violation governed by
the sanctions in Article 10.4.1, the period of Ineligibility
imposed for the second offence 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
(Specified Substances) and any other anti-doping rule
violation under Article 10.2 (Imposition of Ineligibility for
Prohibited Substances and Prohibited Methods) or
Article 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 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 Commencement of Ineligibility Period
10.8.1 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.
10.8.2 Any period of Provisional Suspension (whether imposed
or voluntarily accepted) shall be credited against the
total period of Ineligibility to be served.
10.8.3 Where required by fairness, such as delays in the
hearing process or other aspects of Doping Control not
attributable to the Athlete, the Anti-Doping Disciplinary
Panel may start the period of Ineligibility at an earlier
date commencing as early as the date of Sample
collection.
10.9 Status During Ineligibility
10.9.1 No Person who has been declared Ineligible may,
during the period of Ineligibility, participate in any
capacity in an NOC or National Federation Team,
Competition or activity (other than authorized antidoping
education or rehabilitation programs)
authorized or organized by any Signatory or Signatory’s
member organizations, including a National Sports
Federation. In addition, for any anti-doping rule
violation not involving specified substances described
in Article 10.3 (Specified Substances), some or all sport related
financial support or other sport-related benefits
received by such Person shall be withheld by the
Signatories, Signatory’s member organizations,
including the National Sports Federations and the
government.
10.9.2 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 the sport in which the 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 Person directly or indirectly to
compete in (or accumulate points toward) a National
Event or International Event.
10.10 Reinstatement Testing
10.10.1 As a condition to regaining eligibility at the end of a
specified period of Ineligibility, an Athlete shall, during
any period of Provisional Suspension or Ineligibility,
make him or herself available for Out-of-Competition
Testing by NADA, the applicable National Sports
Federation and/or any Anti-Doping Organization
having Testing jurisdiction, and shall, if requested,
provide current and accurate whereabouts
information as provided in Article 5.4 (Whereabouts
Requirements).
10.10.2 If an Athlete, subject to a period of Ineligibility,
retires
from sport and is removed from Out-of-Competition
Registered Testing Pools and later seeks reinstatement,
the Athlete shall not be eligible for reinstatement until
the Athlete has notified NADA, Indian Olympic
Association, the applicable National Sports Federation
and relevant Anti-Doping Organizations 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
5.5.2 or the period of Ineligibility remaining as of the
date the Athlete had retired. During such remaining
period of Ineligibility, the Athlete shall undergo Out-of-Competition Testing. NADA shall determine the number
and frequency of Testing.
10.10.3 NADA shall be responsible for conducting the Out-of-Competition Testing required under this Article 10.10,
but Testing by any Anti-Doping Organization may be
used to satisfy the requirement.
10.10.4 Once the period of an Athlete’s suspension has
expired, and the Athlete has fulfilled the conditions of
reinstatement then the Athlete shall become
automatically re-eligible and no application by the
Athlete or by the Athlete’s National Sports Federation
shall then be necessary.
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11 ARTICLE 11 CONSEQUENCES TO TEAM SPORTS
Where more than one team member in a Team Sport has been notified
of a
possible anti-doping rule violation under Article 7 (Results
Management) in
connection with an Event, the team shall be subject to Target
Testing for the
Event. If more than one team member in a Team Sport is found to
have
committed an anti-doping rule violation during the Event, the team
may be
subject to Disqualification or other disciplinary action. In
sports which are not
Team Sports but where awards are given to teams, Disqualification
or other
disciplinary action against the team when one or more team members
have
committed an anti-doping rule violation shall be as provided for
in these rules or
the applicable rules of the International Federation.
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12 ARTICLE 12 SANCTIONS AGAINST NATIONAL SPORTS FEDERATIONS
12.1 Financial and/or other non-financial support from NADA and/or
the
Government may be withheld in whole or in part from National
Sports Federations which are not in compliance with, or fail in
the
implementation of, these Anti-Doping Rules.
12.2 Where National Sports Federations are members of or
recognized by
NADA Membership or recognition of National Sports Federations by
NADA and Government may be withdrawn or withheld until the
National Sports Federation anti-doping rules are in compliance
with
these Anti-Doping Rules and the Code.
12.3 Decisions of the NADA pursuant to this Article 12 (Sanctions
against
National Sports Federations) may be appealed as provided for in
Article 13.9 (Appeals from Decisions Pursuant to Article 12).
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13 ARTICLE 13 APPEALS
13.1 Decisions Subject to Appeal
Decisions made under these Anti-Doping Rules may be appealed as
set forth in this Article 13. Such decisions shall remain in
effect while
under appeal unless the appellate body orders otherwise.
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 an Anti-Doping Organization 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 in violation of Article 7.5 may be appealed exclusively as
provided
in this Article 13.2.
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 national-level Athletes, as defined by
each National Anti-Doping Organization, that do not
have a right to appeal under Article 13.2.1, the
decision may be appealed to the Anti-Doping Appeal
Panel.
13.2.3 Persons Entitled to Appeal
In cases under Article 13.2.1, the following parties shall
have the right to appeal to CAS:
a) the Athlete or other Person who is the subject of the
decision being appealed;
b) the other party to the case in which the decision was
rendered;
c) the relevant International Federation 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 the Anti-Doping Appeal Panel shall at a
minimum include the:
(1) Athlete or other Person who is the subject of the
decision being appealed;
(2) NADA involved;
(3) relevant International Federation;
(4) National Olympic Committee;
(5) Athlete’s National Anti-Doping Organization; and
(6) 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
Anti-Doping Appeal Panel.
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.
13.3 The Anti-Doping Appeal Panel
13.3.1 The Government or the NADA shall appoint the
independent Anti-Doping Appeal Panel .
13.3.2 Each panel member shall be appointed for a term of 2
years.
13.3.3 If a panel member dies or resigns, the Government or
the NADA may appoint an independent Person to be
a panel member to fill the resultant vacancy. The
Person so appointed shall be appointed for the
remainder of the term of the member who occasioned
the vacancy.
13.3.4 A panel member may be re-appointed.
13.4 Jurisdiction of the Anti-Doping Appeal Panel
13.4.1 The Anti-Doping Appeal Panel only has the power to
hear and determine all issues arising from any matter
which is appealed to it pursuant to these Anti-Doping
Rules. In particular, the Anti-Doping Appeal Panel has
the power to determine the Consequences of Anti-
Doping Rule to be imposed pursuant to these Anti-
Doping Rules.
13.4.2 The Anti-Doping Appeal Panel shall be independent
and impartial in the performance of its functions.
13.4.3 The Anti-Doping Appeal Panel has all powers
necessary for, and incidental to, the exercise of its
functions.
13.5 Hearings Before the Anti-Doping Appeal Panel
13.5.1 A Person entitled to appeal a decision of the Anti-
Doping Disciplinary Panel who wishes to do so shall
lodge notice of the appeal with the Anti-Doping
Appeal Panel within fourteen (14) days of the date of
the decision of the Anti-Doping Disciplinary Panel.
13.5.2 Composition of the Appeal Panel.
The Appeal Panel will consist of the following:-
(a) One legal practitioner as Chairman of not less than 7
years standing;
(b) One medical practitioner of not less 10 years
standing;
(c) One sports administrator;
(d) One renowned athlete who has retired from active
sports.
13.5.3 The appointed members shall have had no prior
involvement with the case, or any aspect of the case.
In particular, no member may have previously
considered any TUE application or appeal involving the
same Athlete as is a party in the current case. Each
member, upon appointment, shall disclose to the Chair
any circumstances likely to affect impartiality with
respect to any of the parties.
13.5.4 If a member, appointed by the Chair to hear a case, is
unwilling or unable, for whatever reason, to hear the
case, the Chair may appoint a replacement or appoint
a new hearing panel from the pool.
13.5.5 The Anti-Doping Appeal Panel has the power, at its
absolute discretion, to appoint an expert to assist or
advise the panel as required by the panel.
13.5.6 NADA has the right to join proceedings and attend
hearings of the Anti-Doping Appeal Panel as a party.
13.5.7 The International Federation and/or the National Sports
Federation concerned, if not a party to the
proceedings, the Indian Olympic Association, if not a
party to the proceedings, and WADA each have the
right to attend hearings of the Anti-Doping Appeal
Panel as an observer.
13.5.8 Hearings pursuant to this Article should be completed
expeditiously and in all cases within three (3) months of
the date of the decision of the Anti-Doping Disciplinary
Panel, save where exceptional circumstances apply.
13.5.9 Hearings held in connection with Events may be
conducted on an expedited basis.
13.6 Proceedings of the Anti-Doping Appeal Panel
13.6.1 Subject to the provisions of these Anti-Doping Rules, the
Anti-Doping Appeal Panel shall have the power to
regulate their procedures.
13.6.2 Hearings of the Anti-Doping Appeal Panel shall be
open to the public, unless the Anti-Doping Disciplinary
Panel determines that there are special circumstances
warranting otherwise.
13.6.3 The appellant shall present their case and the
respondent party or parties shall present their cases in
reply.
13.6.4 A failure by any party or their representative to attend
a hearing after notification will be deemed to be an
abandonment of their right to a hearing. This right may
be reinstated on reasonable grounds.
13.6.5 Each party shall have the right to be represented at a
hearing, at that party’s own expense.
13.6.6 Every party shall have the right to an interpreter at the
hearing, if deemed necessary by the hearing panel.
The hearing panel shall determine the identity and
responsibility for the cost of any interpreter.
13.6.7 Each party to the proceedings has the right to present
evidence, including the right to call and question
witnesses (subject to the hearing Panel’s discretion to
accept testimony by telephone, written statement or
submission, whether by fax, email or other means).
13.6.8 Facts relating to anti-doping rule violations may be
established by any reliable means, including
admissions. The Appeal Panel may receive evidence,
including hearsay, as it thinks fit and shall be entitled to
attach such weight to that evidence as it deems
appropriate.
13.6.9 The Appeal Panel may postpone or adjourn a hearing.
13.6.10 The Appeal Panel, at the request of one of the parties
to the proceedings or on its own initiative, may require
one or more parties to the proceedings, prior to the
hearing, to supply it and/or the other or other parties to
the proceedings with further particulars of the case to
be presented by that party at the hearing, including
what witnesses they intend to call and that party shall
comply with that direction.
13.6.11 Any failure by any party to comply with any
requirement or direction of the Appeal Panel shall not
prevent the Appeal Panel from proceeding and such
failure may be taken into consideration by the Appeal
Panel when making its decision.
13.6.12 Hearings may be recorded and any recording is
owned and shall be retained by NADA.
13.7 Decisions of the Anti-Doping Appeal Panel
13.7.1 The deliberations of the Anti-Doping Appeal Panel on
its decision shall be private.
13.7.2 Any minority or dissenting decisions shall be noted in
the written reasons. In the Event of a majority decision,
this shall be the decision of the Anti-Doping Appeal
Panel.
13.7.3 The decision of the Anti-Doping Appeal Panel shall be
written, dated and signed and shall state brief reasons.
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) the decision shall explain the basis for the
elimination or reduction. The signature of the Chair or
Vice-Chair as applicable shall suffice.
13.7.4 The decision of the Anti-Doping Appeal Panel shall be
advised to the parties to the proceedings and to NADA
if not a party to the proceedings as soon as
practicable after the conclusion of the hearing.
13.8 Appeals from Decisions Granting or Denying a TUE
13.8.1 Decisions by NADA denying TUEs, which are not
reversed by WADA, may be appealed exclusively to
CAS by the International -Level Athlete or to the Anti-
Doping Appeal Panel where the Athlete is not an
International-Level Athlete. If the Anti-Doping Appeal
Panel reverses the decision to deny a TUE, that decision
may be appealed to CAS by WADA. The Anti-Doping
Appeal Panel considering an appeal under this Article
will not include members of the TUEC.
13.8.2 Decisions by WADA reversing the grant or denial of a
TUE may, subject to the rules of CAS, be appealed
exclusively to CAS by the Athlete or NADA.
13.9 Appeals from Decisions Pursuant to Article 12
Decisions of NADA pursuant to Article 12 (Sanctions Against
National
Sporting Federations) may be appealed exclusively to CAS by the
National Sports Federation concerned.
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14 ARTICLE 14 REPORTING
14.1 Reporting of TUEs
NADA shall promptly report any TUE granted to an Athlete (except
those Athletes not in NADA’s Registered Testing Pool), to the
applicable International Federation, to the Athlete’s National
Sports
Federation and to WADA.
14.2 Reporting of Testing
NADA shall submit to WADA current Athlete whereabouts information.
WADA shall make this information accessible to other Anti-Doping
Organizations having authority to test the Athlete.
14.2.1 NADA shall report all In-Competition and Out-of-Competition tests to WADA as soon as possible after
such tests have been conducted.
14.2.2 This information shall be maintained in strict confidence
at all times; shall be used exclusively for purposes of
planning, co-ordinating or conducting Testing and shall
be destroyed after it is no longer relevant for these
purposes.
14.3 Reporting Regarding Results Management
14.3.1 When a National Sports Federation has received an
Adverse Analytical Finding on one of its Athletes,
NADA, on its behalf, shall report the following
information to its International Federation and WADA
not later than the end of the process described in
Article 7.2 (Initial Review Regarding Adverse Analytical
Findings): 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 same parties shall be regularly
updated on the statutes and findings, including results
management, hearings and appeals.
14.3.2 Where the Athlete requests the analysis of the B
Sample, NADA shall report the result of such analysis to
the International Federation and to WADA.
14.3.3 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) NADA shall provide the International
Federation and WADA with a copy of the written
reasoned decision.
14.4 Reporting Under the Code
NADA shall publish annually, a general statistical report of its
Doping
Control activities during the calendar year with a copy provided
to
WADA.
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15 ARTICLE 15 PUBLIC DISCLOSURE
NADA, the Athlete’s National Anti-Doping Organization, any
National Sports
Federation, the Anti-Doping Disciplinary Panel or any other Person
shall not
Publicly Disclose or Publicly Report the identity of Athletes
whose Samples have
resulted in Adverse Analytical Findings, or of Persons who are
alleged to have
committed an anti-doping rule violation pursuant to these
Anti-Doping Rules until
the administrative review described in Articles 7.3 and 7.4 has
been completed.
No later than twenty (20) days after it has been determined in a
hearing in
accordance with Article 8 (Disciplinary Procedure) that an
anti-doping rule
violation has occurred or such hearing has been waived, NADA shall
Publicly
Report the disposition of the anti-doping matter. This disposition
shall include the
name of the Person concerned and the reasons for decisions.
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16 ARTICLE 16 MUTUAL RECOGNITION OF DECISIONS
16.1 Recognition of Decisions Pursuant to these Rules
Subject to the right to appeal any decision of the Anti-Doping
Disciplinary Panel or CAS, or the Anti-Doping Appeal Panel,
regarding
a violation of these Anti-Doping Rules within the authority of
NADA
shall be recognized by all Anti-Doping Organizations and each of
their
affiliated Organizations, each of which shall take all necessary
action
to render such results effective.
16.2 Recognition of Decisions of Other Organizations
16.2.1 Subject to any applicable right to appeal, the Testing,
TUEs 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 recognized and respected by NADA, the National
Sports Federations, the Anti-Doping Disciplinary Panel
and the Anti-Doping Appeal Panel.
16.2.2 NADA and National Sports 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.
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17 ARTICLE 17 STATUTE OF LIMITATION
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.
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18 ARTICLE 18 AMENDMENT AND INTERPRETATION
18.1 Amendment
18.1.1 NADA shall be responsible for overseeing the evolution
and improvement of these Anti-Doping Rules, including
implementing any amendments to the Code.
Participants and National Sports Federations shall be
invited to participate in such process.
18.1.2 Amendments to these Anti-Doping Rules initiated by
NADA shall, after appropriate consultation, be
approved by NADA. NADA shall notify National Sports
Federations promptly of all such amendments.
18.1.3 Amendments shall, unless provided otherwise in the
amendment, go into effect and shall be implemented
by National Sports Federations three months after such
approval.
18.2 Interpretation
18.2.1 The headings used in 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.
18.2.2 The INTRODUCTION and the DEFINITIONS shall be
considered integral parts of these Anti-Doping Rules.
18.2.3 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 shall be
referred to, where applicable, to assist in the
understanding and interpretation of these Anti-Doping
Rules.
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19 ARTICLE 19 INFORMATION AND NOTICES
19.1 Information
Any Person who submits information including data or medical
information to any organization or Person in accordance with these
Anti-Doping Rules shall be deemed to have agreed that such
information may be utilised by such organization or Person for the
purposes of the implementation of these Anti-Doping Rules.
19.2 Notices
19.2.1 All notices referred to in these Anti-Doping Rules shall
be governed by the provisions of this Article 19.2
(Notices).
19.2.2 Each Athlete in the NADA Registered Testing Pool shall
provide NADA with an address to which notice may be
delivered and in the event of a change of address it is
the responsibility of the Athlete to provide NADA with
such amended details.
19.2.3 Notice to an Athlete in the NADA Registered Testing
Pool shall be delivered by means of registered/speed
post to the address provided to NADA by that Athlete.
Such notice shall be deemed to have been received
upon the expiry of three (3) working days after the date
of posting.
19.2.4 Notice to any other Athlete or other Person shall be
accomplished by posting the notice by
registered/speed post to the address furnished by that
Athlete or Person. Such notice shall be deemed to
have been received upon the expiry of three (3)
working days after the date of posting.
19.2.5 NADA may, with the prior agreement of the intended
recipient, as an alternative to, or in conjunction with,
notice by registered post, use any other method of
communication available, including, but not limited to,
facsimile, email, and telephone.
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20 ARTICLE 20 COMMENCEMENT AND VALIDITY
20.1 Commencement
20.1.1 These Anti-Doping Rules shall come into full force and
effect on, and shall be adopted and incorporated by
National Sports Federations pursuant to Article 1.1
(Application to National Sports Federations) by 1st
October, 2008.
20.1.2 These Anti-Doping Rules shall not apply retrospectively
to matters pending before the date these Anti-Doping
Rules come into effect. Outstanding protests, appeals
and applications for reinstatement initiated under any
prior NADA, Indian Olympic Association or National
Sports Federation anti-doping policy may be
completed under that policy and, to the extent
relevant, their results shall be recognized for the
purposes of these Anti-Doping Rules. The term of
outstanding suspensions under any prior NADA, Indian
Olympic Association or National Sports Federation antidoping
policy shall also be recognized under these
Anti-Doping Rules.
20.2 Validity
20.2.1 Any deviation from these Anti-Doping Rules or the
procedures referred to herein shall not invalidate any
finding, decision or result unless it was such as to cast
material doubt on that finding, decision or result.
20.2.2 If any Article of these Anti-Doping Rules is held invalid,
unenforceable or illegal for any reason, these Anti-
Doping Rules shall remain otherwise in full force apart
from such Article which shall be deemed deleted
insofar as it is inv alid, unenforceable or illegal.
20.2.3 All acts bona fide done by any Person in the
implementation of these Anti-Doping Rules,
notwithstanding that it be afterwards discovered that
there was some defect in the appointment,
qualification or authority of such Person so acting, shall
be as valid as if every such Person had been duly
appointed, qualified or authorized.
20.3 Governing Law
National law governs these Anti-Doping Rules.
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, International 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: Engaging in conduct that constitutes a substantial step
in a course of conduct
which could or did culminate in the commission of an anti-doping
rule violation.
Provided, however, there must 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.
CAS: The Court of Arbitration for Sport.
Code: The World Anti-Doping Code first adopted by WADA on 5 March
2003, and any
subsequent amendments.
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
relevant 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 of the Code (Status During Ineligibility); 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 of
the Code (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
(eg., the Olympic Games, FINA World Championships, or Pan American
Games).
Government: Government of India.
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 must
be supervised by an
independent organization.
Indian Olympic Association: The National Olympic Committee of
India.
Ineligibility: See Consequences of Anti-Doping Rules 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: An Athlete 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) must be sufficient to conclude
that the procedures
addressed by the International Standard were performed properly.
Major Event Organizations: This term refers to 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 parameters
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 their country of residence.
NADA: National Anti Doping Agency of India.
Anti-Doping Appeal Panel: The panel appointed by the Government or
NADA to
adjudicate on appeals from decisions of the Anti-Doping
Disciplinary Panel . [unless CAS
is preferred]
Anti-Doping Disciplinary Panel: The panel appointed by the
Government, the IOA or
NADA to adjudicate on alleged violations of these Anti-Doping
Rules. [unless CAS is
preferred]
National Anti-Doping Agency: The entity designated by India as
possessing the primary
authority and responsibility to adopt and implement Anti-Doping
Rules, direct the
collection of Samples, the management of test results, and the
conduct of hearings, all
at the national level. For the purposes of these Anti-Doping
Rules, NADA will be the
designated entity.
National Event: A sport Event involving International -Level
Athletes or National-Level
Athletes that is not an International Event.
National-Level Athlete: An Athlete, other than an
International-Level Athlete, who is
designated by NADA as being within the NADA Registered Testing
Pool .
National Olympic Committee: The organization recognized by the
International
Olympic Committee. The term National Olympic Committee must 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.
National Sports Federation: Any national, provincial or
territorial Person governing sport
in country or part thereof and its affiliated members, clubs,
teams, associations and
leagues.
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.
NOC Team: any National Olympic Team or other team selected by the
Indian Olympic
Association.
No Fault or Negligence: The Athlete’s establishing that they did
not know or suspect,
and could not reasonably have known or suspected even with the
exercise of utmost
caution, that they had Used or been administered the Prohibited
Substance or
Prohibited Method.
No Significant Fault or Negligence: The Athlete’s establishing
that their 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 antidoping
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 must
be found only if the Person has exclusive control over the
Prohibited Substance/Method
or the premises or property in which a Prohibited Substance/Method
exists); provided,
however, that if the Person does not have exclusive control over
the Prohibited
Substance/Method or the premises in which a Prohibited
Substance/Method exists,
constructive Possession must only be found if the Person knew
about the presence of
the Prohibited Substance/Method and intended to exercise control
over it. Provided,
however, there must be no anti-doping rule violation based solely
on Possession if, prior
to receiving notification of any kind that the Person has
committed an anti-doping rule
violation, the Person has taken concrete action demonstrating that
the Person no
longer intends to have Possession and has renounced the Person’s
previous Possession.
Prohibited List: The WADA 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 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 of the Code (Confidentiality and
Reporting).
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 Agency’s test distribution
plan.
Sample/Specimen: Any biological material collected for the
purposes of Doping
Control.
Signatories: Those entities signing the Code and agreeing to
comply with the Code,
including the International Olympic Committee, International
Federations, International
Paralympic Committee, National Olympic Committees, National
Paralympic
Committees, Major Event Organizations, National Anti-Doping
Organizations, and
WADA.
Tampering: Altering for an improper purpose or in an improper way;
bringing improper
influence to bear; interfering improperly to alter results or
prevent normal procedures
from occurring.
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: To sell, give, administer, transport, send, deliver
or distribute a Prohibited
Substance or Prohibited Method to an Athlete either directly or
indirectly or through one
or more third parties, but excluding the prescription, dispensing,
sale or distribution of a
Prohibited Substance for genuine and legal therapeutic purposes.
TUE: Therapeutic use exemption.
TUEC: TUE Committee established by NADA.
Use: The application, ingestion, injection or consumption by any
means whatsoever of
any Prohibited Substance or Prohibited Method.
WADA: The World Anti-Doping Agency, being a Foundation constituted
under the Swiss
Civil Code in Lausanne on 10 November 1999 and any National
Anti-Doping
Organization contracted by WADA.
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