Itu Anti-Doping Rules
Total Page:16
File Type:pdf, Size:1020Kb
World Triathlon Anti-Doping Rules In force as of January 1, 2021 TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................... 3 PREFACE............................................................................................................................................................................................... 3 FUNDAMENTAL RATIONALE FOR THE CODE AND WORLD TRIATHLON'S ANTI-DOPING RULES ........................................3 SCOPE OF THESE ANTI-DOPING RULES ............................................................................................................................................ 4 ARTICLE 1 DEFINITION OF DOPING ................................................................................................... 6 ARTICLE 2 ANTI-DOPING RULE VIOLATIONS .................................................................................... 6 ARTICLE 3 PROOF OF DOPING............................................................................................................ 9 ARTICLE 4 THE PROHIBITED LIST ..................................................................................................... 11 ARTICLE 5 TESTING AND INVESTIGATIONS .................................................................................... 17 ARTICLE 6 ANALYSIS OF SAMPLES ................................................................................................... 21 ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ......................................................................................... 23 ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION .......................................................................................................................... 27 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ....................................... 29 ARTICLE 10 SANCTIONS ON INDIVIDUALS ....................................................................................... 29 ARTICLE 11 CONSEQUENCES TO TEAMS ............................................................................................ 41 ARTICLE 12 SANCTIONS BY WORLD TRIATHLON AGAINST OTHER SPORTING BODIES .............. 42 ARTICLE 13 RESULTS MANAGEMENT: Appeals................................................................................. 43 ARTICLE 14 CONFIDENTIALITY AND REPORTING ............................................................................ 47 ARTICLE 15 IMPLEMENTATION OF DECISIONS ................................................................................ 51 ARTICLE 16 STATUTE OF LIMITATIONS ............................................................................................. 52 ARTICLE 17 EDUCATION ..................................................................................................................... 53 ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS ............ 53 ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITES OF WORLD TRIATHLON ....................... 55 ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITES OF ATHLETES ........................................ 55 ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITES OF ATHLETE SUPPORT PERSONNEL ... 56 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE RULES ……………………………………………………………………………………………………………. 56 ARTICLE 23 INTERPRETATION OF THE CODE ………………………………………………………………………… 57 ARTICLE 24 FINAL PROVISIONS …………………………………………………………………………………………. 57 APPENDIX 1 DEFINITIONS……………………………………………………………………………………………. 69 World Triathlon Anti-Doping Rules 2 2021 INTRODUCTION Preface These Anti-Doping Rules are adopted and implemented in compliance with the World Triathlon’s responsibilities under the World Anti-Doping Code (the "Code”) and are in furtherance of the World Triathlon’s continuing efforts to eradicate doping in the sport of triathlon. These Anti-Doping Rules are sport rules governing the conditions under which sport is played. Aimed at enforcing anti-doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws. They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules, which implement the Code, and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport. As provided in the Code, World Triathlon shall be responsible for conducting all aspects of Doping Control. Any aspect of Doping Control or anti-doping Education may be delegated by World Triathlon to a Delegated Third Party, however, World Triathlon shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards, and these Anti- Doping Rules. World Triathlon may delegate the relevant part of the Results Management to the CAS Anti-Doping Division (CAS ADD). World Triathlon shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code. Terms used in these Anti-Doping Rules that are defined terms from the Code and Appendix 1 of these Rules are italicized. Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Rules. Fundamental Rationale for the Code and World Triathlon’s Anti-Doping Rules Anti-doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents. Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods. Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world. The spirit of sport is the celebration of the human spirit, body and mind. It is the essence of Olympism and is reflected in the values we find in and through sport, including: World Triathlon Anti-Doping Rules 3 2021 • Health • Ethics, fair play and honesty • Athletes’ rights as set forth in the Code • 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 The spirit of sport is expressed in how we play true. Doping is fundamentally contrary to the spirit of sport. Scope These Anti-Doping Rules shall apply to: i. World Triathlon, including its board members, directors, officers, specified employees and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control; ii. each of its National Federations, including their board members, directors, officers and specified employees and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control; iii. the following Athletes, Athlete Support Personnel and other Persons: a. all Athletes and Athlete Support Personnel who are members of World Triathlon, or of any National Federation, or of any member or affiliate organization of any National Federation (including any clubs, Teams, associations, or leagues); b. all Athletes and Athlete Support Personnel who participate in such capacity in Events, Competitions and other activities organized, convened, authorized or recognized by World Triathlon, or any National Federation, or by any member or affiliate organization of any National Federation (including any clubs, Teams, associations, or leagues), wherever held; c. any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of World Triathlon, or of any National Federation, or of any member or affiliate organization of any National Federation World Triathlon Anti-Doping Rules 4 2021 (including any clubs, Teams, associations, or leagues), for purposes of anti- doping; d. Athletes who are not regular members of World Triathlon or of one of its National Federations but who want to be eligible to compete in a particular International Event. Accordingly, these Anti-Doping Rules shall apply to all Code related Events over which the World Triathlon and its National Federations or any member or affiliate organization of any National Federation (including any clubs, Teams, associations, or leagues) have jurisdiction including but not limited to World Triathlon World Championships, World Triathlon World Cup Events, World Triathlon Continental Events, World Triathlon National Federations Championships and series Events which are of the format specified by the World Triathlon Competition Rules. Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti-Doping Rules, and to have submitted