Datasets:

timotheeplanes

/

doping

like 1

To be clear, the “decision” is the one made by the National Anti -Doping Organization, there is not a separate decision to be made by the International Federation.

Thus, any claim by the Athlete that the Provisional Suspension was impro perly imposed can only be asserted against the National Anti -Doping Organization.

Implementation of Anti -Doping Organizations’ decisions under Article 15.2 is subject to each Signatory’s discretion.

A Signatory’s implementation of a decision under Article 15.1 or Article 15.2 is no t appealable separately from any appeal of the underlying decision.

The extent of recognition of TUE decisions of other Anti -Doping Organizations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.]

72 [Comme nt to Article 15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, World Skate, other Signatories and National Federations should attempt to apply the decision in har mony with the principles of the Code.

For example, if in a process consistent with the Code a non -Signatory has found an Athlete to have committed an anti -doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then World Skate and all other Signatories should recognize the finding of an anti -doping rule violation and the Athlete’s National Anti -Doping Organization should con duct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in the Code should be imposed.

World Skate or other Signatory’s implementation of a decision, or their decision not to implement a decisi on under Arti cle 15.3 , is appealable under Article 13.]

World Skate Anti -Doping Rules Page 54 of 67 respect of Athletes (including National -Level Athletes ) and other Persons under their anti -doping authority as specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”) .

18.2 Each National Federation shall incorporate t hese Anti-Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respect of Athletes (includi ng National -Level Athletes ) and other Persons under its anti -doping authority .

18.3 By adopting these Anti -Doping Rules, and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support World Skate in that function .

They shall also recognize, abide by and implement the decisions made pursuant to these Anti -Doping Rules, including the decisions imposing sanctions on Persons under their authority.

18.4 All National Federations shall take appropriate action to enforce compliance with the Code , International Standards , and these Anti-Doping Rules by inter alia : (i) conducting Testing only under the document ed authority of World Skate and us ing their National Anti -Doping Organization or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations ; (ii) recognizing the authority of the National Anti -Doping Organization in their country in accordance with Article 5.2.1 of the Code and assist ing as appropriate with the National Anti-Doping Organization’s implementation of the national Testing program for their sport; (iii) analyzing all Samples collected using a WADA -accredited or WADA -approved laboratory in accordance with Article 6.1; and (iv) ensuring that any national level anti-doping rule violation cases discovered by National Federations are adjudicate d by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management .

18.5 All National Federations shall establish rules requiring all Athlete s preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations , and all Athlete Support Personnel associated with such Athletes , to agree to be bound by these Anti -Doping Rules and to submit to the Results Management authority of the Anti-Doping Organization in conformity with the Code as a condition of such participation.

18.6 All National Federations shall report any information suggesting or relating to an anti -doping rule violation to World Skate and to their National Anti-Doping Organizations and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.

18.7 All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of World Skate or the National Federat ion.

18.8 All National Federations shall conduct anti -doping Education in coordination with their National Anti -Doping Organizations.

World Skate Anti -Doping Rules Page 55 of 67 ARTICLE 1 9 ADDITIONAL ROLES AND RESPONSIBILITIES OF WORLD SKATE 19.1 In addition to the roles and responsibilities described in Article 20.3 of the Code for International Federations, World Skate shall report to WADA on World Skate ’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code .

19.2 Subject to applicable law, and in accordance with Article 20.3.4 of the Code , all World Skate board members, directors, officers, and employees (and those of appointed Delegated Third Parties ) who are involved in any aspect of Doping Control , must sign a form provided by World Skate , agreeing to be bound by these Anti -Doping Rules as Persons in conformity with the Code for direct and intentional misconduct.

19.3 Subject to applicable law, and in accordance with Article 20.3.5 of the Code , any World Skate employee who is involved in Doping Control (other than authorized anti -doping Education or rehabilitation programs) must sign a statement provided by World Skate confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti -doping rules if Code -compliant rules had been applicable to them.

ARTICLE 2 0 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES 20.1 To be knowledgeable of and comply with these Anti -Doping Rules.

20.2 To be available for Sample collection at all times.73 20.3 To take responsibility, in the context of anti -doping, for what they ingest and Use.

20.4 To inform medical personnel of their obligation not to Use Prohibited Substance s and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti -Doping Rules.

20.5 To disclose to World Skate and their National Anti -Doping Organization any decision by a non-Signatory finding that the Athlete committed an anti -doping rule violation within the previous ten (10) years.

20.6 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.

Failure by any Athlete to cooperate in full with Anti-Dopin g Organizations investigating anti -doping rule violations may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

20.7 To disclose the identity of their Athlete Support Personnel upon request by World Skate or a National Federation , or any other Anti-Doping Organization with authority over the Athlete .

73 [Comment to Article 2 0.2: With due regard to an Athlete’s human rights and privacy, legitimate anti -doping considerations sometimes require Sample collection late at night or early in the morning.

For example, it is known that some Athletes Use low doses of EPO during these hou rs so that it will be undetectable in the morning.]

World Skate Anti -Doping Rules Page 56 of 67 20.8 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete , which does not otherwise constitute Tampering , may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL 21.1 To be knowledgeable of and comply with these Anti -Doping Rules.

21.2 To cooperate with the Athlete Testing program.

21.3 To use their influence on Athlete values and behavior to foster anti -doping attitudes.

21.4 To disclose to World Skate and their National Anti-Doping Organization any decision by a non-Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.

21.5 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.

Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

21.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.

Any such Use or Possession may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

21.7 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel , which does not otherwise constitute Tampering , may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI -DOPING RULES 22.1 To be knowledgeable of and comply with these Anti-Doping Rules.

22.2 To disclose to World Skate and their National Anti -Doping Organization any decision by a non-Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.

22.3 To cooperate with Anti-Doping Organizations investigating anti -doping rule violations.

Failure by any other Person subject to these Anti -Doping Rules to cooperate in full with Anti-Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

22.4 Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.

22.5 Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person , which does not otherwise constitute Tampering , may result in a charge of misconduct under World Skate 's Code of Conduct and Ethics .

World Skate Anti -Doping Rules Page 57 of 67 ARTICLE 2 3 INTERPRETATION OF THE CODE 23.1 The official text of the Code shall be maintained by WADA and shall be published in English and French.

In the event of any conflict between the English and French versions, the English version shall prevail.

23.2 The comments annotating various provisions of the Code shall be used to interpret the Code .

23.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.

23.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.

23.5 Where the term “days” is u sed in the Code or an International Standard , it shall mean calendar days unless otherwise specified.

23.6 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.

However, pre-Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.

23.7 The Purpose, Scope and Organization of the World An ti-Doping Program and the Code and Appendix 1, Definitions , and Appendix 2, Examples of the Application of Article 10, shall be considered integral parts of the Code .

ARTICLE 2 4 FINAL PROVISIONS 24.1 Where the term “days” is used in these Anti-Doping Rules , it shall mean calendar days unless otherwise specified.

24.2 These Anti -Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

24.3 These Anti -Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards .

The Code and the International Standards shall be considered integral parts of these Anti -Doping Rules and shall prevail in case of conflict.

24.4 The Introduction and Appendix 1 shall be considered integral part s of these Anti -Doping Rules.

24.5 The commen ts annotating various provisions of these Anti -Doping Rules shall be used to interpret these Anti -Doping Rules.

24.6 These Anti -Doping Rules shall enter into force on 1 January 2021 (the “Effective Date”) .

They repeal any previous version of World Skate ’s Anti -Doping Rules .

24.7 These Anti -Doping Rules shall not apply retroactively to matters pending before the Effective Date .

However: World Skate Anti -Doping Rules Page 58 of 67 24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.

24.7.2 Any anti -doping rule violation case which is pending as of the Effective Date and any anti -doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date , shall be governed by the substantive anti -doping rules in effect at the time the alleged anti-doping rul e violation occurred, and not by the substantive anti-doping rules set out in these Anti -Doping Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.

For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 1 6 are procedural rules, not substantive rules, and should be applied retroa ctively along with all of the other procedural rules in these Anti -Doping Rules (provided, however, that Article 1 6 shall only be applied retroactively if the statute of limitation s period has not already expired by the Effective Date).

24.7.3 Any Artic le 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management ) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management , but it shall be deemed to have expired twelve ( 12) months after it occurred .

24.7.4 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to World Skate or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti -Doping Rules.

Such application must be made before the period of Ineligibility has expired.

The decision rendered may be appealed pursuant to Article 13.2.

These Anti -Doping Rules shall have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.

24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti -Doping Rules been applicable, s hall be applied .74 24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.

As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List , an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to World 74 [Comment to Article 24.

7.5: Other than the situation described in Article 24.

7.5, where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date and the peri od of Ineligibility imposed has been completely served, these Anti-Doping Rules may not be used to re -characterize the prior violation.]

World Skate Anti -Doping Rules Page 59 of 67 Skate or other Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to c onsider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List .

World Skate Anti -Doping Rules Page 60 of 67 APPENDIX 1 DEFINITIONS75 ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legislation.

Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .

However, this definition shall not inclu de the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that suc h Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.

Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent wit h the International Standard for Laboratories , establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method .

Adverse Passport Finding : A report identified as an Adverse Passpor t Finding as described in the applicable International Standards .

Aggravating Circumstances : Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.

Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibi ted Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likely to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping rule violation; or the Athlete or other Person engaged in Tamp ering during Results Management .

For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility .

Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing analysis of Samples , gathering of intelligence and co nduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities related to anti -doping to be carried out by or on behalf of an Anti-Doping Organization , as set out in the Code and/or the International Standards .

Anti-Doping Organization : WADA or 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 Organizatio ns that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .

Athlete : Any Person who competes in sport at the international level (as defined by each International Federation ) or the national level (as defined by each National Anti -Doping Organization ).

An Anti-Doping Organization has discretion to apply anti -doping rules to an Athlet e who is neither an International -Level Athlete nor a National -Level Athlete , and thus to bring them within the definition of “ Athlete ”.

In relation to Athletes who are neither International -Level nor National -Level Athletes , an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances ; require limited or no whereabouts information; or not require advance TUEs .

However, if an Article 2.1, 2.3 or 2.5 anti -doping rule violation is committed by any Athlete over whom an 75 [Comment to Definitions : Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]

World Skate Anti -Doping Rules Page 61 of 67 Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied.

For purposes of Article 2.8 and Article 2.9 and for purposes of anti -doping information and Education , any Person who participates in s port under the authority of any Signatory , government, or other sports organization accepting the Code is an Athlete .76 Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.

Athlete Support Personnel : Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assistin g an Athlete participating in or preparing for sports Competition .

Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.

Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .

Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding .

Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards .

CAS: The Court of Arbitration for Sport.

Code : The World Anti -Doping Code .