world anti-doping code v3.0v3 eng · pdf filearticle 12: sanctions against sporting bodies ......

World Anti-Doping

Code

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TABLE OF CONTENTSINTRODUCTION

PURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DOPING PROGRAM AND THE CODE.......................................................................1

THE WORLD ANTI-DOPING PROGRAM.................................................................................1

THE CODE....................................................................................................................................1

INTERNATIONAL STANDARDS ..............................................................................................2

MODELS OF BEST PRACTICE ..................................................................................................2

FUNDAMENTAL RATIONALE FOR THE WORLD ANTI-DOPING CODE......................................3

PART ONE: DOPING CONTROL

INTRODUCTION ...........................................................................................6

ARTICLE 1: DEFINITION OF DOPING ......................................................8

ARTICLE 2: ANTI-DDOPING RULE VIOLATIONS......................................82.1..........THE PRESENCE OF A PROHIBITED SUBSTANCE

OR ITS METABOLITES OR MARKERS IN AN ATHLETE’S BODILY SPECIMEN.......................................................................8

2.2..........USE OR ATTEMPTED USE OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD. ................................................10

2.3...........................................................................................................................................10

2.4...........................................................................................................................................11

2.5..........TAMPERING, OR ATTEMPTING TO TAMPER, WITH ANY PART OF DOPING CONTROL. ....................................................11

2.6..........POSSESSION OF PROHIBITED SUBSTANCESAND METHODS ..................................................................................................11

2.7..........TRAFFICKING IN ANY PROHIBITED SUBSTANCE OR PROHIBITED METHOD. .............................................................................12

2.8...........................................................................................................................................12

ARTICLE 3: PROOF OF DOPING.............................................................123.1 ..........BURDENS AND STANDARDS OF PROOF.......................................................12

3.2 ..........METHODS OF ESTABLISHING FACTS AND PRESUMPTIONS........................................................................................12

World Anti-Doping CodeMarch 2003

Published by:

World Anti-Doping AgencyStock Exchange Tower800 Place Victoria (Suite 1700)PO Box 120Montreal, Quebec, Canada H4Z 1B7

URL: www.wada-ama.org

Tel: +1.514.904.9232Fax: +1.514.904.8650E-mail: [email protected]

10.5 ........ELIMINATION OR REDUCTION OF PERIOD OF INELIGIBILITYBASED ON EXCEPTIONAL CIRCUMSTANCES...............................................29

10.6 ........RULES FOR CERTAIN POTENTIAL MULTIPLE VIOLATIONS.......................32

10.7 ........DISQUALIFICATION OF RESULTS IN COMPETITIONSSUBSEQUENT TO SAMPLE COLLECTION .....................................................34

10.8 ........COMMENCEMENT OF INELIGIBILITY PERIOD..............................................34

10.9 ........STATUS DURING INELIGIBILITY.......................................................................35

10.10 ......REINSTATEMENT TESTING...............................................................................36

ARTICLE 11: CONSEQUENCES TO TEAMS ..........................................36

ARTICLE 12: SANCTIONS AGAINST SPORTING BODIES..................37

ARTICLE 13: APPEALS............................................................................3713.1........DECISIONS SUBJECT TO APPEAL...................................................................37

13.2........APPEALS FROM DECISIONS REGARDING ANTI-DOPING RULE VIOLATIONS, CONSEQUENCES, AND PROVISIONAL SUSPENSIONS................................................................37

13.3........APPEALS FROM DECISIONS GRANTING OR DENYING A THERAPEUTIC USE EXEMPTION..................................................................39

13.4........APPEALS FROM DECISIONS IMPOSING CONSEQUENCES UNDER PART THREE OF THE CODE................................40

13.5........APPEALS FROM DECISIONS SUSPENDING OR REVOKING LABORATORY ACCREDITATION...................................................40

ARTICLE 14 : CONFIDENTIALITY AND REPORTING ...........................4014.1 .......INFORMATION CONCERNING ADVERSE ANALYTICAL FINDINGS

AND OTHER POTENTIAL ANTI-DOPING RULE VIOLATIONS......................40

14.2 .......PUBLIC DISCLOSURE.........................................................................................41

14.3 .......ATHLETE WHEREABOUTS INFORMATION ....................................................42

14.4 .......STATISTICAL REPORTING..................................................................................42

14.5 .......DOPING CONTROL INFORMATION CLEARING HOUSE................................42

ARTICLE 15: CLARIFICATION OF DOPING CONTROLRESPONSIBILITIES ..........................................................43

15.1........EVENT TESTING ..................................................................................................43

15.2........OUT-OF-COMPETITION TESTING ....................................................................44

15.3 .........RESULTS MANAGEMENT, HEARINGS AND SANCTIONS....................................44

15.4........MUTUAL RECOGNITION.....................................................................................45

Contents

ARTICLE 4: THE PROHIBITED LIST .......................................................144.1..........PUBLICATION AND REVISION OF THE

PROHIBITED LIST................................................................................................14

4.2..........PROHIBITED SUBSTANCES AND PROHIBITED METHODS IDENTIFIED ON THE PROHIBITED LIST......................................14

4.3..........CRITERIA FOR INCLUDING SUBSTANCES AND METHODS ON THE PROHIBITED LIST............................................................15

4.4..........THERAPEUTIC USE.............................................................................................17

4.5..........MONITORING PROGRAM...................................................................................18

ARTICLE 5: TESTING................................................................................195.1..........TEST DISTRIBUTION PLANNING.....................................................................19

5.2..........STANDARDS FOR TESTING ..............................................................................20

ARTICLE 6: ANALYSIS OF SAMPLES...................................................206.1 .........USE OF APPROVED LABORATORIES..............................................................20

6.2 .........SUBSTANCES SUBJECT TO DETECTION........................................................20

6.3 .........RESEARCH ON SAMPLES.................................................................................20

6.4...........STANDARDS FOR SAMPLE ANALYSIS AND REPORTING...................................21

ARTICLE 7: RESULTS MANAGEMENT .................................................217.1 .........INITIAL REVIEW REGARDING ADVERSE ANALYTICAL FINDINGS ...........21

7.2 .........NOTIFICATION AFTER INITIAL REVIEW ..........................................................21

7.3 .........FURTHER REVIEW OF ADVERSE ANALYTICAL FINDING WHERE REQUIRED BY PROHIBITED LIST .....................................22

7.4 .........REVIEW OF OTHER ANTI-DOPING RULE VIOLATIONS................................22

7.5 .........PRINCIPLES APPLICABLE TO PROVISIONAL SUSPENSIONS ..................23

ARTICLE 8 : RIGHT TO A FAIR HEARING...............................................24

ARTICLE 9: AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS .................................................25

ARTICLE 10: SANCTIONS ON INDIVIDUALS.......................................2610.1 ........DISQUALIFICATION OF RESULTS IN EVENT DURING

WHICH AN ANTI-DOPING RULE VIOLATION OCCURS................................26

10.2 ........IMPOSITION OF INELIGIBILITY FOR PROHIBITED SUBSTANCES AND PROHIBITED METHODS...............................................26

10.3 ........SPECIFIED SUBSTANCES.................................................................................27

10.4 ........INELIGIBILITY FOR OTHER ANTI-DOPING RULE VIOLATIONS .................28

Contents

20.6 .......ROLES AND RESPONSIBILITIES OF MAJOR EVENT ORGANIZATIONS...................................................................................57

20.7 .......ROLES AND RESPONSIBILITIES OF WADA...................................................57

ARTICLE 21: ROLES AND RESPONSIBILITIES OF PARTICIPANTS...................................................................58

21.1 ........ROLES AND RESPONSIBILITIES OF ATHLETES ..........................................58

21.2 ........ROLES AND RESPONSIBILITIES OF ATHLETESUPPORT PERSONNEL....................................................................................58

ARTICLE 22: INVOLVEMENT OF GOVERNMENTS .............................5922.1.........................................................................................................................................59

22.2.........................................................................................................................................60

22.2.........................................................................................................................................60

PART FOUR: ACCEPTANCE, COMPLIANCE, MODIFICATION & INTERPRETATION

ARTICLE 23: ACCEPTANCE, COMPLIANCE AND MODIFICATION...6423.1........ACCEPTANCE OF THE CODE.............................................................................64

23.2........IMPLEMENTATION OF THE CODE....................................................................64

23.3........ACCEPTANCE AND IMPLEMENTATION DEADLINES...................................65

23.4........MONITORING COMPLIANCE WITH THE CODE ..............................................65

23.5........CONSEQUENCES OF NONCOMPLIANCE WITH THE CODE ........................66

23.6........MODIFICATION OF THE CODE...........................................................................66

23.7........WITHDRAWAL OF ACCEPTANCE OF THE CODE ...........................................67

ARTICLE 24: INTERPRETATION OF THE CODE...................................6724.1 ........................................................................................................................................67

24.2 ........................................................................................................................................67

24.3 ........................................................................................................................................67

24.4 ........................................................................................................................................68

24.5 ........................................................................................................................................68

24.6 ........................................................................................................................................68

APPENDIX 1: DEFINITIONS............................................................72

ARTICLE 16: DOPING CONTROL FOR ANIMALS COMPETING IN SPORT ....................................................45

16.1 ........................................................................................................................................45

16.2 ........................................................................................................................................46

ARTICLE 17: STATUTE OF LIMITATIONS .............................................46

PART TWO: EDUCATION AND RESEARCH

ARTICLE 18: EDUCATION........................................................................5018.1........BASIC PRINCIPLE AND PRIMARY GOAL........................................................50

18.2........PROGRAM AND ACTIVITIES..............................................................................50

18.3........COORDINATION AND COOPERATION..............................................................50

ARTICLE 19: RESEARCH.........................................................................5119.1........PURPOSE OF ANTI-DOPING RESEARCH.......................................................51

19.2........TYPES OF RESEARCH........................................................................................51

19.3........COORDINATION...................................................................................................51

19.4........RESEARCH PRACTICES.....................................................................................51

19.5........ADMINISTRATION OF PROHIBITED SUBSTANCESAND PROHIBITED METHODS...........................................................................51

19.6........MISUSE OF RESULTS.........................................................................................51

PART THREE: ROLES AND RESPONSIBILITIES

ARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES...............................................................54

20.1 .......ROLES AND RESPONSIBILITIES OF THE INTERNATIONAL OLYMPIC COMMITTEE.........................................................54

20.2 .......ROLES AND RESPONSIBILITIES OF THE INTERNATIONAL PARALYMPIC COMMITTEE.................................................54

20.3 .......ROLES AND RESPONSIBILITIES OF INTERNATIONAL FEDERATIONS......................................................................55

20.4 .......ROLES AND RESPONSIBILITIES OF NATIONAL OLYMPIC COMMITTEES AND NATIONAL PARALYMPIC COMMITTEES.......................56

20.5 .......ROLES AND RESPONSIBILITIES OF NATIONAL ANTI-DOPING ORGANIZATIONS.......................................................................57

Contents Contents

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World Anti-Doping Code 2003

IINNTTRROODDUUCCTTIIOONN

THE PURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DDOPING PROGRAM AND THE CODE

The purposes of the World Anti-Doping Program and the Code are:

• To protect the Athletes’ fundamental right to participate indoping-free sport and thus promote health, fairness andequality for Athletes worldwide; and

• To ensure harmonized, coordinated and effective anti-dopingprograms at the international and national level with regard todetection, deterrence and prevention of doping.

THE WORLD ANTI-DDOPING PROGRAM

The World Anti-Doping Program encompasses all of theelements needed in order to ensure optimal harmonization andbest practice in international and national anti-doping programs.The main elements are:

Level 1: The Code

Level 2: International Standards

Level 3: Models of Best Practice

THE CODE

The Code is the fundamental and universal document uponwhich the World Anti-Doping Program in sport is based. Thepurpose of the Code is to advance the anti-doping effort throughuniversal harmonization of core anti-doping elements. It isintended to be specific enough to achieve completeharmonization on issues where uniformity is required, yetgeneral enough in other areas to permit flexibility on how agreedupon anti-doping principles are implemented.

FUNDAMENTAL RATIONALE FOR THE WORLD ANTI-DDOPING CODE

Anti-doping programs seek to preserve what is intrinsicallyvaluable about sport. This intrinsic value is often referred to as“the spirit of sport”; it is the essence of Olympism; it is how weplay true. The spirit of sport is the celebration of the human spirit,body and mind, and is characterized by the following values:

• Ethics, fair play and honesty.• Health. • Excellence in performance.• Character and education.• Fun and joy.• Teamwork.• Dedication and commitment.• Respect for rules and laws.• Respect for self and other participants.• Courage.• Community and solidarity.

Doping is fundamentally contrary to the spirit of sport.


International Federations for teamsports, National Anti-DopingOrganizations, etc.). These model rulesand regulations will conform with andbe based on the Code, will be state ofthe art examples of best practices andwill contain all of the detail (includingreference to International Standards)necessary to conduct an effective anti-doping program.

These model rules and regulations willprovide alternatives from whichstakeholders may select. Somestakeholders may choose to adopt themodel rules and regulations and othermodels of best practices verbatim.Others may decide to adopt the modelswith modifications. Still otherstakeholders may choose to develop

their own rules and regulationsconsistent with the general principlesand specific requirements set forth inthe Code.

Other model documents for specificparts of the anti-doping work may bedeveloped based on generallyrecognized stakeholder needs andexpectations. This could includemodels for national anti-dopingprograms, results management,Testing (beyond the specificrequirements set forth in theInternational Standard for Testing),education programs, etc. All Models ofBest Practice will be reviewed andapproved by WADA before they areincluded in the World Anti-DopingProgram.

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INTERNATIONAL STANDARDS

International Standards for different technical and operationalareas within the anti-doping program will be developed inconsultation with the Signatories and governments and approvedby WADA. The purpose of the International Standards isharmonization among Anti-Doping Organizations responsible forspecific technical and operational parts of the anti-dopingprograms. Adherence to the International Standards is mandatoryfor compliance with the Code. The International Standards may berevised from time to time by the WADA Executive Committee afterreasonable consultation with the Signatories and governments.Unless provided otherwise in the Code, International Standardsand all revisions shall become effective on the date specified in theInternational Standard or revision.

MODELS OF BEST PRACTICE

Models of Best Practice based on the Code will be developed toprovide state of the art solutions in different areas of anti-doping.The Models will be recommended by WADA and made availableto Signatories upon request but will not be mandatory. Inaddition to providing models of anti-doping documentation,WADA will also make some training assistance available to theSignatories.


International Standards Comment:International Standards will containmuch of the technical detail necessaryfor implementing the Code. This wouldinclude, for example, the detailedrequirements for Sample collection,laboratory analysis and laboratoryaccreditation currently found in theOlympic Movement Anti-Doping Code1999 (“OMADC”). InternationalStandards, while expresslyincorporated into the Code byreference, will, in consultation with theSignatories and governments, bedeveloped by experts and set forth inseparate technical documents. It is

important that the technical experts beable to make timely changes to theInternational Standards withoutrequiring any amendment of the Codeor individual stakeholder rules andregulations.

All applicable International Standardswill be in place by January 1, 2004.

Models of Best Practice Comment:WADA will prepare model anti-dopingrules and regulations tailored to theneeds of each of the major groups ofSignatories (e.g., InternationalFederations for individual sports,

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DOPING CONTROLPART ONE

changes to the language in order to refer to the organization’sname, sport, section numbers, etc.): Articles 1 (Definition ofDoping), 2 (Anti-Doping Rule Violations), 3 (Proof of Doping), 9(Automatic Disqualification of Individual Results), 10 (Sanctionson Individuals), 11 (Consequences to Teams), 13 (Appeals) withthe exception of 13.2.2, 17 (Statute of Limitations) and Definitions.

Anti-doping rules, like competition rules, are sport rulesgoverning the conditions under which sport is played. Athletesaccept these rules as a condition of participation. Anti-dopingrules are not intended to be subject to or limited by therequirements and legal standards applicable to criminalproceedings or employment matters. The policies and minimumstandards set forth in the Code represent the consensus of abroad spectrum of stakeholders with an interest in fair sport andshould be respected by all courts and adjudicating bodies.

Participants shall be bound to comply with the anti-doping rulesadopted in conformance with the Code by the relevant Anti-Doping Organizations. Each Signatory shall establish rules andprocedures to ensure that all Participants under the authority ofthe Signatory and its member organizations are informed of andagree to be bound by anti-doping rules in force of the relevantAnti-Doping Organizations.


verbatim, as 13.2.2 establishesmandatory guiding principles thatallow some flexibility in theformulation of rules by the Anti-Doping Organization.

Participants Comment: By theirparticipation in sport, Athletes arebound by the competitive rules oftheir sport. In the same manner,Athletes and Athlete SupportPersonnel should be bound by anti-doping rules based on Article 2 of theCode by virtue of their agreements formembership, accreditation, orparticipation in sports organizationsor sports events subject to the Code.Each Signatory, however, shall takethe necessary steps to ensure that allAthletes and Athlete SupportPersonnel within its authority arebound by the relevant Anti-DopingOrganization’s anti-doping rules.

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INTRODUCTION

Part One of the Code sets forth specific anti-doping rules andprinciples that are to be followed by organizations responsiblefor adopting, implementing or enforcing anti-doping rules withintheir authority - - e.g., the International Olympic Committee,International Paralympic Committee, International Federations,Major Event Organizations, and National Anti-DopingOrganizations. All of these organizations are collectively referredto as Anti-Doping Organizations.

Part One of the Code does not replace, or eliminate the need for,comprehensive anti-doping rules adopted by each of these Anti-Doping Organizations. While some provisions of Part One of theCode must be incorporated essentially verbatim by each Anti-Doping Organization in its own anti-doping rules, otherprovisions of Part One establish mandatory guiding principlesthat allow flexibility in the formulation of rules by each Anti-Doping Organization or establish requirements that must befollowed by each Anti-Doping Organization but need not berepeated in its own anti-doping rules. The following Articles, asapplicable to the scope of anti-doping activity which the Anti-Doping Organization performs, must be incorporated into therules of each Anti-Doping Organization without any substantivechanges (allowing for necessary non-substantive editing


Introduction Comment: For exampleit is critical to harmonization that allSignatories base their decisions onthe same list of anti-doping ruleviolations, the same burdens of proofand impose the same Consequencesfor the same anti-doping ruleviolations. These substantive rulesmust be the same whether a hearingtakes place before an InternationalFederation, at the national level orbefore CAS. On the other hand, it isnot necessary for effectiveharmonization to force all Signatoriesto use one single resultsmanagement and hearing process.

At present, there are many different,yet equally effective processes forresults management and hearingswithin different InternationalFederations and different nationalbodies. The Code does not requireabsolute uniformity in resultsmanagement and hearingprocedures; it does, however, requirethat the diverse approaches of theSignatories satisfy principles stated inthe Code.

With respect to Article 13, subpart13.2.2 is not included in the provisionsrequired to be adopted essentially

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2.1.2 Excepting those substances for which a quantitativereporting threshold is specifically identified in theProhibited List, the detected presence of anyquantity of a Prohibited Substance or its Metabolitesor Markers in an Athlete’s Sample shall constitutean anti-doping rule violation.

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


enforcement for the benefit of all “clean”Athletes and fairness in the exceptionalcircumstance where a ProhibitedSubstance entered an Athlete’s systemthrough no fault or negligence on theAthlete’s part. It is important toemphasize that while the determinationof whether the anti-doping rule has beenviolated is based on strict liability, theimposition of a fixed period of Ineligibilityis not automatic.

The rationale for the strict liability rulewas well stated by the Court of Arbitrationfor Sport in the case of Quigley v. UIT.

“It is true that a strict liability test is likelyin some sense to be unfair in anindividual case, such as that of Q., wherethe Athlete may have taken medication asthe result of mislabeling or faulty advicefor which he or she is not responsible -particularly in the circumstances ofsudden illness in a foreign country. But itis also in some sense “unfair” for anAthlete to get food poisoning on the eve ofan important competition. Yet in neithercase will the rules of the competition bealtered to undo the unfairness. Just asthe competition will not be postponed toawait the Athlete’s recovery, so theprohibition of banned substances will notbe lifted in recognition of its accidentalabsorption. The vicissitudes ofcompetition, like those of life generally,

may create many types of unfairness,whether by accident or the negligence ofunaccountable Persons, which the lawcannot repair.

Furthermore, it appears to be a laudablepolicy objective not to repair an accidentalunfairness to an individual by creating anintentional unfairness to the whole bodyof other competitors. This is what wouldhappen if banned performance-enhancing substances were toleratedwhen absorbed inadvertently. Moreover,it is likely that even intentional abusewould in many cases escape sanction forlack of proof of guilty intent. And it iscertain that a requirement of intent wouldinvite costly litigation that may well cripplefederations - particularly those run onmodest budgets - in their fight againstdoping.”

2..11..3 Comment: For example, theProhibited List might provide that a T/Eratio greater than 6:1 is doping unless alongitudinal analysis of prior orsubsequent test results by the Anti-Doping Organization demonstrates anaturally elevated ratio or the Athleteotherwise establishes that the elevatedratio is the result of a physiological orpathological condition.

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ARTICLE 1: DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.8 ofthe Code.

ARTICLE 2: ANTI-DDOPING RULE VIOLATIONS

The following constitute anti-doping rule violations:

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

2.1.1 It is each Athlete’s personal duty to ensure that noProhibited Substance enters his or her body. Athletesare responsible for any Prohibited Substance or itsMetabolites or Markers found to be present in theirbodily Specimens. Accordingly, it is not necessary thatintent, fault, negligence or knowing Use on theAthlete’s part be demonstrated in order to establish ananti-doping violation under Article 2.1.


2 Comment: The purpose of Article 2 is tospecify the circumstances and conductwhich constitute violations of anti-dopingrules. Hearings in doping cases willproceed based on the assertion that oneor more of these specific rules have beenviolated. Most of the circumstances andconduct on this list of violations can befound in some form in the OMADC orother existing anti-doping rules.

2..11..11 Comment: For purposes of anti-doping violations involving the presenceof a Prohibited Substance (or itsMetabolites or Markers), the Code adoptsthe rule of strict liability which is found inthe OMADC and the vast majority ofexisting anti-doping rules. Under thestrict liability principle, an anti-doping ruleviolation occurs whenever a ProhibitedSubstance is found in an Athlete’s bodilySpecimen. The violation occurs whether

or not the Athlete intentionally orunintentionally used a ProhibitedSubstance or was negligent or otherwiseat fault. If the positive Sample came froman In-Competition test, then the results ofthat Competition are automaticallyinvalidated (Article 9 (AutomaticDisqualification of Individual Results)).However, the Athlete then has thepossibility to avoid or reduce sanctions ifthe Athlete can demonstrate that he orshe was not at fault or significant fault.(Article 10.5 (Elimination or Reduction ofPeriod of Ineligibility Based onExceptional Circumstances).

The strict liability rule for the finding of aProhibited Substance in an Athlete’sSpecimen, with a possibility thatsanctions may be modified based onspecified criteria, provides a reasonablebalance between effective anti-doping

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2.4 Violation of applicable requirements regarding Athleteavailability for Out-of-Competition Testing including failureto provide required whereabouts information and missedtests which are declared based on reasonable rules.

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

2.6 Possession of Prohibited Substances and Methods:

2.6.1 Possession by an Athlete at any time or place of asubstance that is prohibited in Out-of-Competition Testingor a Prohibited Method unless the Athlete establishes thatthe Possession is pursuant to a therapeutic use exemptiongranted in accordance with Article 4.4 (Therapeutic Use) orother acceptable justification.

2.6.2 Possession of a substance that is prohibited in Out-of-Competition Testing or a Prohibited Method by AthleteSupport Personnel in connection with an Athlete,Competition or training, unless the Athlete SupportPersonnel establishes that the Possessionis pursuant to atherapeutic use exemption granted to an Athlete inaccordance with Article 4.4 (Therapeutic Use) or otheracceptable justification.


2..4 Comment: Unannounced Out-of-Competition Testing is at the core ofeffective Doping Control. Withoutaccurate Athlete location informationsuch Testing is inefficient andsometimes impossible. This Article,which is not typically found in mostexisting anti-doping rules, requiresAthletes that have been identified forOut-of-Competition Testing to beresponsible for providing andupdating information on theirwhereabouts so that they can belocated for No Advance Notice Out-of-Competition Testing. The “applicablerequirements” are set by the Athlete’sInternational Federation and National

Anti-Doping Organization in order toallow some flexibility based uponvarying circumstances encountered indifferent sports and countries. Aviolation of this Article may be basedon either intentional or negligentconduct by the Athlete.

2..5 Comment: This Article prohibitsconduct which subverts the DopingControl process but which would notbe included in the typical definition ofProhibited Methods. For example,altering identification numbers on aDoping Control form during Testing orbreaking the B Bottle at the time of BSample analysis.

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

2.2.1 The success or failure of the Use of a ProhibitedSubstance or Prohibited Method is not material. It issufficient that the Prohibited Substance or ProhibitedMethod was Used or Attempted to be Used for ananti-doping rule violation to be committed.

2.3 Refusing, or failing without compelling justification, tosubmit to Sample collection after notification asauthorized in applicable anti-doping rules or otherwiseevading Sample collection.


2..2..11 Comment: The prohibitionagainst “Use” has been expandedfrom the text in the OMADC to includeProhibited Substances as well asProhibited Methods. With thisinclusion there is no need tospecifically delineate “admission ofUse” as a separate anti-doping ruleviolation. “Use” can be proved, forexample, through admissions, thirdparty testimony or other evidence.

Demonstrating the “Attempted Use” ofa Prohibited Substance requires proofof intent on the Athlete’s part. Thefact that intent may be required toprove this particular anti-doping ruleviolation does not undermine thestrict liability principle established forviolations of Article 2.1 and Use of aProhibited Substance or ProhibitedMethod.

An Athlete’s Out-of-Competition Useof a Prohibited Substance that is notprohibited Out-of-Competition wouldnot constitute an anti-doping ruleviolation.

2..3 Comment: Failure or refusal tosubmit to Sample collection afternotification is prohibited in almost allexisting anti-doping rules. ThisArticle expands the typical rule toinclude “otherwise evading Samplecollection” as prohibited conduct.Thus, for example, it would be ananti-doping rule violation if it wereestablished that an Athlete was hidingfrom a Doping Control official whowas attempting to conduct a test. Aviolation of “refusing or failing tosubmit to Sample collection” may bebased on either intentional ornegligent conduct of the Athlete, while“evading” Sample collectioncontemplates intentional conduct bythe Athlete.

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13


3.2.1 WADA-accredited laboratories are presumed to haveconducted Sample analysis and custodial proceduresin accordance with the International Standard forlaboratory analysis. The Athlete may rebut thispresumption by establishing that a departure fromthe International Standard occurred.

If the Athlete rebuts the preceding presumption byshowing that a departure from the InternationalStandard occurred, then the Anti-Doping Organizationshall have the burden to establish that such departuredid not cause the Adverse Analytical Finding.

3.2.2 Departures from the International Standard forTesting which did not cause an Adverse AnalyticalFinding or other anti-doping rule violation shall notinvalidate such results. If the Athlete establishesthat departures from the International Standardoccurred during Testing then the Anti-DopingOrganization shall have the burden to establish thatsuch departures did not cause the AdverseAnalytical Finding or the factual basis for the anti-doping rule violation.

2.7 Trafficking in any Prohibited Substance or ProhibitedMethod.

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

ARTICLE 3: PROOF OF DOPING

3.1 Burdens and Standards of Proof.

The Anti-Doping Organization shall have the burden ofestablishing that an anti-doping rule violation hasoccurred. The standard of proof shall be whether the Anti-Doping Organization has established an anti-doping ruleviolation to the comfortable satisfaction of the hearingbody bearing in mind the seriousness of the allegationwhich is made. This standard of proof in all cases isgreater than a mere balance of probability but less thanproof beyond a reasonable doubt. Where the Code placesthe burden of proof upon the Athlete or other Personalleged to have committed an anti-doping rule violation torebut a presumption or establish specified facts orcircumstances, the standard of proof shall be by a balanceof probability.

3.2 Methods of Establishing Facts and Presumptions.

Facts related to anti-doping rule violations may beestablished by any reliable means, including admissions.The following rules of proof shall be applicable in dopingcases:


3..11 Comment: This standard of proofrequired to be met by the Anti-DopingOrganization is comparable to thestandard which is applied in mostcountries to cases involving professional

3..2..11 Comment: The burden is on theAthlete to establish, by apreponderance of the evidence, adeparture from the InternationalStandard. If the Athlete does so, the

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misconduct. It has also been widelyapplied by courts and tribunals indoping cases. See, for example, theCAS decision in N., J., Y., W. v. FINA,CAS 98/208, 22 December 1998.

burden shifts to the Anti-DopingOrganization to prove to thecomfortable satisfaction of thehearing body that the departure didnot change the test result.

Competition) because of their potential to enhanceperformance in future Competitions or their maskingpotential and those substances and methods which areprohibited In-Competition only. Upon the recommendationof an International Federation, the Prohibited List may beexpanded by WADA for that particular sport. ProhibitedSubstances and Prohibited Methods may be included in theProhibited List by general category (e.g., anabolic agents) orby specific reference to a particular substance or method.

4.3 Criteria for Including Substances and Methods on theProhibited List.

WADA shall consider the following criteria in decidingwhether to include a substance or method on theProhibited List.

4.3.1 A substance or method shall be considered forinclusion on the Prohibited List if WADA determinesthat the substance or method meets any two of thefollowing three criteria:

4.3.1.1 Medical or other scientific evidence,pharmacological effect or experience thatthe substance or method has the potentialto enhance or enhances sport performance;


would include masking agents andthose substances which, when used intraining, may have long termperformance enhancing effects such asanabolics. All substances and methodson the Prohibited List are prohibited In-Competition. This distinction betweenwhat is tested for In-Competition andwhat is tested for Out-of-Competition iscarried over from the OMADC.There will be only one document calledthe “Prohibited List.” WADA may addadditional substances or methods to theProhibited List for particular sports (e.g.the inclusion of beta-blockers for

shooting) but this will also be reflectedon the single Prohibited List. Having allProhibited Substances on a single listwill avoid some of the current confusionrelated to identifying which substancesare prohibited in which sports.Individual sports are not permitted toseek exemption from the basic list ofProhibited Substances (e.g. eliminatinganabolics from the Prohibited List for‘’mind sports”). The premise of thisdecision is that there are certain basicdoping agents which anyone whochooses to call himself or herself anAthlete should not take.

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ARTICLE 4: THE PROHIBITED LIST

4.1 Publication and Revision of the Prohibited List.

WADA shall, as often as necessary and no less often thanannually, publish the Prohibited List as an InternationalStandard. The proposed content of the Prohibited List andall revisions shall be provided in writing promptly to allSignatories and governments for comment andconsultation. Each annual version of the Prohibited Listand all revisions shall be distributed promptly by WADA toeach Signatory and government and shall be published onWADA’s website, and each Signatory shall takeappropriate steps to distribute the Prohibited List to itsmembers and constituents. The rules of each Anti-DopingOrganization shall specify that, unless provided otherwisein the Prohibited List or a revision, the Prohibited List andrevisions shall go into effect under the Anti-DopingOrganization’s rules three months after publication of theProhibited List by WADA without requiring any furtheraction by the Anti-Doping Organization.

4.2 Prohibited Substances and Prohibited Methods Identifiedon the Prohibited List.

The Prohibited List shall identify those ProhibitedSubstances and Prohibited Methods which are prohibitedas doping at all times (both In-Competition and Out-of-


4..11 Comment: The Prohibited List willbe revised and published on anexpedited basis whenever the needarises. However, for the sake ofpredictability, a new list will bepublished every year whether or notchanges have been made. The virtueof the IOC practice of publishing a newlist every January is that it avoidsconfusion over which list is the mostcurrent. To address this issue, WADAwill always have the most currentProhibited List published on itswebsite.

It is anticipated that revised anti-doping rules adopted by Anti-DopingOrganizations pursuant to the Codewill not go into effect until January 1,2004 with the publication of the firstProhibited List adopted by WADA.The OMADC will continue to beapplicable until the Code is acceptedby the International OlympicCommittee.

4..2 Comment: There will be oneProhibited List. The substanceswhich are prohibited at all times

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4.3.3 WADA’s determination of the ProhibitedSubstances and Prohibited Methods that will beincluded on the Prohibited List shall be final andshall not be subject to challenge by an Athlete orother Person based on an argument that thesubstance or method was not a masking agent ordid not have the potential to enhance performance,represent a health risk, or violate the spirit of sport.

4.4 Therapeutic Use

WADA shall adopt an International Standard for theprocess of granting therapeutic use exemptions.

Each International Federation shall ensure, forInternational-Level Athletes or any other Athlete who is


4..3..3 Comment: The question of whether asubstance meets the criteria in Article 4.3(Criteria for Including Substances andMethods on the Prohibited List) in aparticular case cannot be raised as adefense to an anti-doping rule violation.For example, it cannot be argued that theProhibited Substance detected would nothave been performance enhancing in thatparticular sport. Rather, doping occurswhen a substance on the Prohibited List isfound in an Athlete’s bodily Specimen. Thesame principle is found in the OMADC.

4..4 Comment: It is important that theprocesses for granting therapeutic useexemptions become more harmonized.Athletes who use medically prescribedProhibited Substances may be subject tosanctioning unless they have previouslyobtained a therapeutic use exemption.However, currently many sporting bodieshave no rules permitting therapeutic useexemptions; others follow unwrittenpolicies; and only a few have writtenpolicies incorporated into their anti-dopingrules. This Article seeks to harmonize thebasis upon which therapeutic useexemptions will be

granted and gives responsibility forgranting or denying exemptions to theInternational Federations for International-Level Athletes and to the National Anti-Doping Organizations for national-levelAthletes (that are not also International-Level Athletes) and other Athletes subjectto Doping Control under the Code.

Examples of commonly prescribedProhibited Substances which might bespecifically addressed in the InternationalStandard for therapeutic use exemptionsare medications prescribed for acutesevere asthma and inflammatory boweldisease. When a therapeutic useexemption has been denied or granted incontravention of the InternationalStandard, that decision may be submittedto WADA for review as provided in theInternational Standard and thereafterappealed as provided in Article 13.3(Appeals). If the granting of a therapeuticuse exemption is reversed, the reversalshall not apply retroactively and shall notdisqualify the Athlete’s results during thetime that the therapeutic use exemptionwas in effect.

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4.3.1.2 Medical or other scientific evidence,pharmacological effect, or experience thatthe Use of the substance or methodrepresents an actual or potential healthrisk to the Athlete;

4.3.1.3 WADA’s determination that the Use of thesubstance or method violates the spirit ofsport described in the Introduction to theCode.

4.3.2 A substance or method shall also be included on theProhibited List if WADA determines there ismedical or other scientific evidence,pharmacological effect or experience that thesubstance or method has the potential to mask theUse of other Prohibited Substances and ProhibitedMethods.


4..3..2 Comment: A substance shall beconsidered for inclusion on theProhibited List if the substance is amasking agent or meets two of thefollowing three criteria: (1) it has thepotential to enhance or enhancessport performance; (2) it represents apotential or actual health risk; or (3) itis contrary to the spirit of sport. Noneof the three criteria alone is asufficient basis for adding asubstance to the Prohibited List.Using the potential to enhanceperformance as the sole criteriawould include, for example, physicaland mental training, red meat,carbohydrate loading and training at

altitude. Risk of harm would includesmoking. Requiring all three criteriawould also be unsatisfactory. Forexample the use of genetic transfertechnology to dramatically enhancesport performance should beprohibited as contrary to the spirit ofsport even if it is not harmful.Similarly, the potentially unhealthyabuse of certain substances withouttherapeutic justification based on themistaken belief they enhanceperformance is certainly contrary tothe spirit of sport regardless ofwhether the expectation ofperformance enhancement isrealistic.

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WADA periodically on an aggregate basis by sport andwhether the Samples were collected In-Competition orOut–of-Competition. Such reports shall not containadditional information regarding specific Samples. WADAshall make available to International Federations andNational Anti-Doping Organizations, on at least an annualbasis, aggregate statistical information by sport regardingthe additional substances. WADA shall implementmeasures to ensure that strict anonymity of individualAthletes is maintained with respect to such reports. Thereported use or detected presence of the monitoredsubstances shall not constitute a doping violation.

ARTICLE 5: TESTING

5.1 Test Distribution Planning. Anti-Doping Organizationsconducting Testing shall in coordination with other Anti-DopingOrganizations conducting Testing on the same Athlete pool:

5.1.1 Plan and implement an effective number of In-Competition and Out-of-Competition tests. EachInternational Federation shall establish a RegisteredTesting Pool for International-Level Athletes in its sport,and each National Anti-Doping Organization shallestablish a national Registered Testing Pool for Athletesin its country. The national-level pool shall includeInternational-Level Athletes from that country as well asother national-level Athletes. Each InternationalFederation and National Anti-Doping Organization shallplan and conduct In-Competition and Out-of-Competition Testing on its Registered Testing Pool.

5.1.2 Make No Advance NoticeTesting a priority.

5.1.3 Conduct Target Testing.


5..11..3 Comment: Target Testing isspecified because random Testing, oreven weighted random Testing, does

not ensure that all of the appropriateAthletes will be tested. (For example:world class Athletes, Athletes whose

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entered in an International Event, that a process is in placewhereby Athletes with documented medical conditionsrequiring the Use of a Prohibited Substance or aProhibited Method may request a therapeutic useexemption. Each National Anti-Doping Organization shallensure, for all Athletes within its jurisdiction that are notInternational-Level Athletes, that a process is in placewhereby Athletes with documented medical conditionsrequiring the Use of a Prohibited Substance or aProhibited Method may request a therapeutic useexemption. Such requests shall be evaluated inaccordance with the International Standard on therapeuticuse. International Federations and National Anti-DopingOrganizations shall promptly report to WADA the grantingof therapeutic use exemptions to any International-LevelAthlete or national-level Athlete that is included in his orher National Anti-Doping Organization’s RegisteredTesting Pool.

WADA, on its own initiative, may review the granting of atherapeutic use exemption to any International-LevelAthlete or national-level Athlete that is included in his orher National Anti-Doping Organization’s RegisteredTesting Pool. Further, upon the request of any suchAthlete that has been denied a therapeutic use exemption,WADA may review such denial. If WADA determines thatsuch granting or denial of a therapeutic use exemption didnot comply with the International Standard for therapeuticuse exemptions, WADA may reverse the decision.

4.5 Monitoring Program

WADA, in consultation with other Signatories andgovernments, shall establish a monitoring programregarding substances which are not on the Prohibited List,but which WADA wishes to monitor in order to detectpatterns of misuse in sport. WADA shall publish, inadvance of any Testing, the substances that will bemonitored. Laboratories will report the instances ofreported Use or detected presence of these substances to


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performances have dramaticallyimproved over a short period of time,Athletes whose coaches have hadother Athletes test positive, etc.).

Obviously, Target Testing must not beused for any purpose other thanlegitimate Doping Control. The Codemakes it clear that Athletes have noright to expect that they will be testedonly on a random basis. Similarly, itdoes not impose any reasonablesuspicion or probable causerequirement for Target Testing.

5..2 Comment: The required methodsand processes for the various types ofIn-Competition and Out-of-Competition Testing will be describedin greater detail in the InternationalStandard for Testing.

6..11 Comment: The phrase “or othermethod approved by WADA” isintended to cover, for example,mobile blood Testing procedureswhich WADA has reviewed andconsiders to be reliable.

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by WADA pursuant to Article 4.5 (Monitoring Program),without the Athlete’s written consent.

6.4 Standards for Sample Analysis and Reporting

Laboratories shall analyze Doping Control Samples andreport results in conformity with the InternationalStandard for laboratory analysis.

ARTICLE 7: RESULTS MANAGEMENT

Each Anti-Doping Organization conducting results management shallestablish a process for the pre-hearing administration of potentialanti-doping rule violations that respects the following principles:

7.1 Initial Review Regarding Adverse Analytical Findings

Upon receipt of an A Sample Adverse Analytical Finding,the Anti-Doping Organization responsible for resultsmanagement shall conduct a review to determinewhether: (a) an applicable therapeutic use exemption hasbeen granted, or (b) there is any apparent departure fromthe International Standards for Testing or laboratoryanalysis that undermines the validity of the AdverseAnalytical Finding.

7.2 Notification After Initial Review

If the initial review under Article 7.1 does not reveal anapplicable therapeutic use exemption or departure thatundermines the validity of the Adverse Analytical Finding,

7 Comment: Various of the Signatorieshave created their own approaches toresults management for AdverseAnalytical Findings. While the variousapproaches have not been entirelyuniform, many have proven to be fairand effective systems for resultsmanagement. The Code does notsupplant each of the Signatories’ resultsmanagement systems. This Articledoes, however, specify basic principlesin order to ensure the fundamental

fairness of the results managementprocess which must be observed byeach Signatory. The specific anti-dopingrules of each Signatory shall beconsistent with these basic principles.

7..2 Comment: The Athlete has a right torequest a prompt B Sample analysisregardless of whether follow-upinvestigation may be required underArticles 7.3 or 7.4.

5.2 Standards for Testing

Anti-Doping Organizations conducting Testing shallconduct such Testing in conformity with the InternationalStandard for Testing.

ARTICLE 6: ANALYSIS OF SAMPLES

Doping Control Samples shall be analyzed in accordance with thefollowing principles:

6.1 Use of Approved Laboratories

Doping Control Samples shall be analyzed only in WADA-accredited laboratories or as otherwise approved byWADA. The choice of the WADA-accredited laboratory (orother method approved by WADA) used for the Sampleanalysis shall be determined exclusively by the Anti-Doping Organization responsible for results management.

6.2 Substances Subject to Detection

Doping Control Samples shall be analyzed to detectProhibited Substances and Prohibited Methods identified onthe Prohibited List and other substances as may be directedby WADA pursuant to Article 4.5 (Monitoring Program).

6.3 Research on Samples

No Sample may be used for any purpose other than thedetection of substances (or classes of substances) ormethods on the Prohibited List, or as otherwise identified


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in the manner set out in its rules, of the anti-doping rule whichappears to have been violated, and the basis of the violation.

7.5 Principles Applicable to Provisional Suspensions

A Signatory may adopt rules, applicable to any Event forwhich the Signatory is the ruling body or for any teamselection process for which the Signatory is responsible,permitting Provisional Suspensions to be imposed afterthe review and notification described in Articles 7.1 and 7.2but prior to a final hearing as described in Article 8 (Rightto a Fair Hearing). Provided, however, that a ProvisionalSuspension may not be imposed unless the Athlete isgiven either: (a) an opportunity for a Provisional Hearingeither before imposition of the Provisional Suspension oron a timely basis after imposition of the ProvisionalSuspension; or (b) an opportunity for an expedited hearingin accordance with Article 8 (Right to a Fair Hearing) on atimely basis after imposition of a Provisional Suspension.

If a Provisional Suspension is imposed based on an ASample Adverse Analytical Finding and a subsequent BSample analysis does not confirm the A Sample analysis,then the Athlete shall not be subject to any furtherdisciplinary action and any sanction previously imposedshall be rescinded. In circumstances where the Athlete orthe Athlete’s team has been removed from a Competitionand the subsequent B Sample analysis does not confirmthe A Sample finding, if, without otherwise affecting theCompetition, it is still possible for the Athlete or team to bereinserted, the Athlete or team may continue to take partin the Competition.

7..5 Comment: This Article continuesto permit the possibility of aProvisional Suspension before a finaldecision at a hearing under Article 8(Right to a Fair Hearing). ProvisionalSuspensions have been authorized inthe OMADC and by the rules of manyInternational Federations. However,

before a Provisional Suspension canbe unilaterally imposed by an Anti-Doping Organization, the internalreview specified in the Code must firstbe completed. In addition, a Signatoryimposing a Provisional Suspension isrequired to give the Athlete anopportunity for a Provisional Hearing

the Anti-Doping Organization shall promptly notify theAthlete, in the manner set out in its rules, of: (a) theAdverse Analytical Finding; (b) the anti-doping ruleviolated, or, in a case under Article 7.3, a description of theadditional investigation that will be conducted as towhether there is an anti-doping rule violation; (c) theAthlete’s right to promptly request the analysis of the BSample or, failing such request, that the B Sampleanalysis may be deemed waived; (d) the right of theAthlete and/or the Athlete’s representative to attend theB Sample opening and analysis if such analysis isrequested; and (e) the Athlete’s right to request copies ofthe A and B Sample laboratory documentation packagewhich includes information as required by theInternational Standard for laboratory analysis.

7.3 Further Review of Adverse Analytical Finding WhereRequired by Prohibited List

The Anti-Doping Organization or other reviewing bodyestablished by such organization shall also conduct anyfollow-up investigation as may be required by theProhibited List. Upon completion of such follow-upinvestigation, the Anti-Doping Organization shall promptlynotify the Athlete regarding the results of the follow-upinvestigation and whether or not the Anti-DopingOrganization asserts that an anti-doping rule was violated.

7.4 Review of Other Anti-Doping Rule Violations

The Anti-Doping Organization or other reviewing bodyestablished by such organization shall conduct any follow-up investigation as may be required under applicable anti-doping policies and rules adopted pursuant to the Code orwhich the Anti-Doping Organization otherwise considersappropriate. The Anti-Doping Organization shall promptlygive the Athlete or other Person subject to sanction notice,

7..4 Comment: As an example, anInternational Federation typically

would notify the Athlete through theAthlete’s national sports federation.


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• the right of each party to present evidence, including the rightto call and question witnesses (subject to the hearing body’sdiscretion to accept testimony by telephone or writtensubmission);

• the Person’s right to an interpreter at the hearing, with thehearing body to determine the identity, and responsibility forthe cost, of the interpreter; and

• a timely, written, reasoned decision;

Hearings held in connection with Events may be conducted by anexpedited process as permitted by the rules of the relevant Anti-Doping Organization and the hearing body.

ARTICLE 9: AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation in connection with an In-Competitiontest automatically leads to Disqualification of the individual resultobtained in that Competition with all resulting consequences,including forfeiture of any medals, points and prizes.

The reference to CAS as an appellatebody in Article 13 does not prevent aSignatory from also specifying CAS asthe initial hearing body.

For example a hearing could beexpedited on the eve of a major Eventwhere the resolution of the anti-doping rule violation is necessary todetermine the Athlete’s eligibility toparticipate in the Event or during anEvent where the resolution of the casewill affect the validity of the Athlete’sresults or continued participation inthe Event.

9 Comment: This principle is found inthe OMADC. When an Athlete wins agold medal with a ProhibitedSubstance in his or her system, that isunfair to the other Athletes in thatCompetition regardless of whetherthe gold medallist was at fault in anyway. Only a “clean” Athlete should beallowed to benefit from his or hercompetitive results.

For Team Sports, see Article 11(Consequences to Teams).

ARTICLE 8: RIGHT TO A FAIR HEARING

Each Anti-Doping Organization with responsibility for resultsmanagement shall provide a hearing process for any Personwho is asserted to have committed an anti-doping rule violation.Such hearing process shall address whether an anti-dopingviolation was committed and, if so, the appropriateConsequences. The hearing process shall respect the followingprinciples:

• a timely hearing;

• fair and impartial hearing body;

• the right to be represented by counsel at the Person’s ownexpense;

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

• the right to respond to the asserted anti-doping rule violationand resulting Consequences;

either before or promptly after theimposition of the ProvisionalSuspension, or an expedited finalhearing under Article 8 promptly afterimposition of the ProvisionalSuspension. The Athlete has a rightto appeal under Article 13.2. As analternative to the process forimposing a Provisional Suspensionunder this Article, the Anti-DopingOrganization may always elect toforego a Provisional Suspension andproceed directly to the final hearingutilizing an expedited process underArticle 8.

In the rare circumstance where the BSample analysis does not confirm theA Sample finding, the Athlete that hadbeen provisionally suspended will be

allowed, where circumstancespermit, to participate in subsequentCompetitions during the Event.Similarly, depending upon therelevant rules of the InternationalFederation in a Team Sport, if theteam is still in Competition, theAthlete may be able to take part infuture Competitions.

8 Comment : This Article containsbasic principles relative to ensuring afair hearing for Persons asserted tohave violated anti-doping rules. ThisArticle is not intended to supplanteach Signatory’s own rules forhearings but rather to ensure thateach Signatory provides a hearingprocess consistent with theseprinciples.


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Markers), 2.2 (Use or Attempted Use of ProhibitedSubstance or Prohibited Method) and 2.6 (Possession ofProhibited Substances and Methods) shall be:

• First violation: Two (2) years’ Ineligibility.

• Second violation: Lifetime Ineligibility.

However, the Athlete or other Person shall have theopportunity in each case, before a period of Ineligibility isimposed, to establish the basis for eliminating or reducingthis sanction as provided in Article 10.5

10.3 Specified Substances

The Prohibited List may identify specified substanceswhich are particularly susceptible to unintentional anti-doping rules violations because of their generalavailability in medicinal products or which are less likelyto be successfully abused as doping agents. Where anAthlete can establish that the Use of such a specified

much longer (e.g. equestrian andshooting); in individual sports, theAthlete is better able to maintaincompetitive skills through solitarypractice during Disqualification thanin other sports where practice as partof a team is more important. Aprimary argument in favor ofharmonization is that it is simply notright that two Athletes from the samecountry who test positive for the sameProhibited Substance under similarcircumstances should receivedifferent sanctions only because theyparticipate in different sports. Inaddition, flexibility in sanctioning hasoften been viewed as an unacceptableopportunity for some sporting bodiesto be more lenient with dopers. Thelack of harmonization of sanctionshas also frequently been the source ofjurisdictional conflicts between

International Federations andNational Anti-Doping Organizations.

The consensus of the WorldConference on Doping in Sport held inLausanne in February 1999 supporteda two year period of Ineligibility for afirst serious anti-doping rule violationfollowed with a lifetime ban for asecond violation. This consensus wasreflected in the OMADC.

110..3 Comment: This principle iscarried over from the OMADC andallows, for example, some flexibilityin disciplining Athletes who testpositive as a result of the inadvertentuse of a cold medicine containing aprohibited stimulant. “ Reduction” of asanction under Article 10.5.2 appliesonly to a second or third violationbecause the sanction for a first

ARTICLE 10: SANCTIONS ON INDIVIDUALS

10.1 Disqualification of Results in Event During which an Anti-Doping Rule Violation Occurs

An anti-doping rule violation occurring during or inconnection with an Event may, upon the decision of theruling body of the Event, lead to Disqualification of all of theAthlete’s individual results obtained in that Event with allconsequences, including forfeiture of all medals, pointsand prizes, except as provided in Article 10.1.1.

10.1.1 If the Athlete establishes that he or she bears No Faultor Negligence for the violation, the Athlete’s individualresults in the other Competitions shall not beDisqualified unless the Athlete’s results inCompetitions other than the Competition in which theanti-doping rule violation occurred were likely to havebeen affected by the Athlete’s anti-doping rule violation.

10.2 Imposition of Ineligibility for Prohibited Substances andProhibited Methods

Except for the specified substances identified in Article 10.3,the period of Ineligibility imposed for a violation of Articles2.1 (presence of Prohibited Substance or its Metabolites or

110..11 Comment: Whereas Article 9(Automatic Disqualification ofIndividual Results) Disqualifies theresult in a single Competition in whichthe Athlete tested positive (e.g., the100 meter backstroke), this Articlemay lead to Disqualification of allresults in all races during the Event(e.g., the FINA World Championships).

Factors to be included in consideringwhether to Disqualify other results inan Event might include, for example,the severity of the Athlete’s anti-doping rule violation and whether theAthlete tested negative in the otherCompetitions.

110..2 Comment: Harmonization ofsanctions has been one of the mostdiscussed and debated areas of anti-doping. Arguments against requiringharmonization of sanctions are basedon differences between sportsincluding for example the following: insome sports the Athletes areprofessionals making a sizableincome from the sport and in othersthe Athletes are true amateurs; inthose sports where an Athlete’scareer is short (e.g. artisticgymnastics) a two yearDisqualification has a much moresignificant effect on the Athlete than insports where careers are traditionally


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lifetime Ineligibility. An anti-doping rule violationinvolving a Minor shall be considered a particularlyserious violation, and, if committed by AthleteSupport Personnel for violations other thanspecified substances referenced in Article 10.3,shall result in lifetime Ineligibility for such AthleteSupport Personnel. In addition, violations of suchArticles which also violate non-sporting laws andregulations, may be reported to the competentadministrative, professional or judicial authorities.

10.4.3 For violations of Article 2.4 (whereabouts violationor missed test), the period of Ineligibility shall be ata minimum 3 months and at a maximum 2 years inaccordance with the rules established by the Anti-Doping Organization whose test was missed orwhereabouts requirement was violated. The periodof Ineligibility for subsequent violations of Article 2.4shall be as established in the rules of the Anti-Doping Organization whose test was missed orwhereabouts requirement was violated.

10.5 Elimination or Reduction of Period of Ineligibility Based onExceptional Circumstances.

10.5.1 No Fault or Negligence

If the Athlete establishes in an individual caseinvolving an anti-doping rule violation under Article

110..4..3 Comment: The whereaboutsand missed test policies of differentAnti-Doping Organizations may varyconsiderably, particularly at the outsetas these policies are being put intoplace. Thus, considerable flexibilityhas been provided for sanctioningthese anti-doping rule violations.Those Anti-Doping Organizations withmore sophisticated policies includingbuilt in safeguards, and thoseorganizations with longer track

records of Athlete experience with awhereabouts policy, could provide forIneligibility periods at the longer endof the specified range

110..5..11 Comment: Article 10.5.1 appliesonly to violations under Articles 2.1 and2.2 (presence and Use of ProhibitedSubstances) because fault ornegligence is already required toestablish an anti-doping rule violationunder other anti-doping rules.

substance was not intended to enhance sportperformance, the period of Ineligibility found in Article 10.2shall be replaced with the following:

• First violation: At a minimum, a warning and reprimandand no period of Ineligibility from future Events, and at amaximum, one (1) year’s Ineligibility.

• Second violation: Two (2) years’ Ineligibility.

• Third violation: Lifetime Ineligibility.

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

10.4 Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for other anti-doping ruleviolations shall be:

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

10.4.2 For violations of Articles 2.7 (Trafficking) or 2.8(administration of Prohibited Substance orProhibited Method), the period of Ineligibilityimposed shall be a minimum of four (4) years up to

violation already builds in sufficientdiscretion to allow consideration ofthe Person’s degree of fault.

110..4..2 Comment: Those who areinvolved in doping Athletes orcovering up doping should be subjectto sanctions which are more severethan the Athletes who test positive.

Since the authority of sportorganizations is generally limited toIneligibility for credentials,membership and other sport benefits,reporting Athlete Support Personnelto competent authorities is animportant step in the deterrence ofdoping.


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Prohibited Method under Article 2.2, failing tosubmit to Sample collection under Article 2.3, oradministration of a Prohibited Substance orProhibited Method under Article 2.8. If an Athleteestablishes in an individual case involving suchviolations that he or she bears No Significant Faultor Negligence, then the period of Ineligibility may bereduced, but the reduced period of Ineligibility maynot be less than one-half of the minimum period ofIneligibility otherwise applicable. If the otherwiseapplicable period of Ineligibility is a lifetime, thereduced period under this section may be no lessthan 8 years. When a Prohibited Substance or itsMarkers or Metabolites is detected in an Athlete’sSpecimen in violation of Article 2.1 (presence ofProhibited Substance), the Athlete must alsoestablish how the Prohibited Substance entered hisor her system in order to have the period ofIneligibility reduced.

Article 10.5 is meant to have animpact only in cases where thecircumstances are truly exceptionaland not in the vast majority of cases.

To illustrate the operation of Article10.5, an example where No Fault orNegligence would result in the totalelimination of a sanction is where anAthlete could prove that, despite alldue care, he or she was sabotaged bya competitor. Conversely, a sanctioncould not be completely eliminated onthe basis of No Fault or Negligence inthe following circumstances: (a) apositive test resulting from amislabeled or contaminated vitaminor nutritional supplement (Athletesare responsible for what they ingest(Article 2.1.1) and have been warnedagainst the possibility of supplementcontamination); (b) the administrationof a prohibited substance by theAthlete’s personal physician or

trainer without disclosure to theAthlete (Athletes are responsible fortheir choice of medical personnel andfor advising medical personnel thatthey cannot be given any prohibitedsubstance); and (c) sabotage of theAthlete’s food or drink by a spouse,coach or other person within theAthlete’s circle of associates (Athletesare responsible for what they ingestand for the conduct of those personsto whom they entrust access to theirfood and drink). However, dependingon the unique facts of a particularcase, any of the referencedillustrations could result in a reducedsanction based on No Significant Faultor Negligence. (For example,reduction may well be appropriate inillustration (a) if the Athlete clearlyestablishes that the cause of thepositive test was contamination in acommon multiple vitamin purchasedfrom a source with no connection to

2.1 (presence of Prohibited Substance or itsMetabolites or Markers) or Use of a ProhibitedSubstance or Prohibited Method under Article 2.2that he or she bears No Fault or Negligence for theviolation, the otherwise applicable period ofIneligibility shall be eliminated. When a ProhibitedSubstance or its Markers or Metabolites is detectedin an Athlete’s Specimen in violation of Article 2.1(presence of Prohibited Substance), the Athletemust also establish how the Prohibited Substanceentered his or her system in order to have theperiod of Ineligibility eliminated. In the event thisArticle is applied and the period of Ineligibilityotherwise applicable is eliminated, the anti-dopingrule violation shall not be considered a violation forthe limited purpose of determining the period ofIneligibility for multiple violations under Articles10.2, 10.3 and 10.6.

10.5.2 No Significant Fault or Negligence

This Article 10.5.2 applies only to anti-doping ruleviolations involving Article 2.1 (presence ofProhibited Substance or its Metabolites orMarkers), Use of a Prohibited Substance or

110..5..2 Comment: The trend in dopingcases has been to recognize thatthere must be some opportunity in thecourse of the hearing process toconsider the unique facts andcircumstances of each particular casein imposing sanctions. This principlewas accepted at the World Conferenceon Doping in Sport 1999 and wasincorporated into the OMADC whichprovides that sanctions can bereduced in “exceptionalcircumstances.” The Code alsoprovides for the possible reduction orelimination of the period of Ineligibilityin the unique circumstance where theAthlete can establish that he or she

had No Fault or Negligence, or NoSignificant Fault or Negligence, inconnection with the violation. Thisapproach is consistent with basicprinciples of human rights andprovides a balance between thoseAnti-Doping Organizations that arguefor a much narrower exception, ornone at all, and those that wouldreduce a two year suspension basedon a range of other factors even whenthe Athlete was admittedly at fault.These Articles apply only to theimposition of sanctions; they are notapplicable to the determination ofwhether an anti-doping rule violationhas occurred.


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Organization can establish that the Athlete or otherPerson committed the second anti-doping ruleviolation after the Athlete or other Person receivednotice, or after the Anti-Doping Organization madea reasonable Attempt to give notice, of the first anti-doping rule violation; if the Anti-DopingOrganization cannot establish this, the violationsshall be considered as one single first violation, andthe sanction imposed shall be based on the violationthat carries the more severe sanction.

10.6.2 Where an Athlete, based on the same DopingControl, is found to have committed an anti-dopingrule violation involving both a specified substanceunder Article 10.3 and another ProhibitedSubstance or Prohibited Method, the Athlete shallbe considered to have committed a single anti-doping rule violation, but the sanction imposed shallbe based on the Prohibited Substance or ProhibitedMethod that carries the most severe sanction.

10.6.3 Where an Athlete is found to have committed twoseparate anti-doping rule violations, one involving aspecified substance governed by the sanctions setforth in Article 10.3 (Specified Substances) and the

110..6..3 Comment: Article 10.6.3 dealswith the situation where an Athletecommits two separate anti-dopingrule violations, but one of theviolations involves a specifiedsubstance governed by the lessersanctions of Article 10.3. Without thisArticle in the Code, the second offensearguably could be governed by: thesanction applicable to a secondviolation for the Prohibited Substanceinvolved in the second violation, thesanction applicable to a secondoffense for the substance involved inthe first violation, or a combination ofthe sanctions applicable to the two

offenses. This Article imposes acombined sanction calculated byadding together the sanctions for afirst offense under 10.2 (two years)and a first offense under 10.3 (up toone year). This provides the samesanction to the Athlete that commits afirst violation under 10.2 followed by asecond violation involving a specifiedsubstance, and the Athlete thatcommits a first violation involving aspecified substance followed by asecond violation under 10.2. In bothcases, the sanction shall be from twoyears to three years’ Ineligibility.

10.5.3 Athlete’s Substantial Assistance in Discovering orEstablishing Anti-Doping Rule Violations by AthleteSupport Personnel and Others.

An Anti-Doping Organization may also reduce theperiod of Ineligibility in an individual case where theAthlete has provided substantial assistance to theAnti-Doping Organization which results in the Anti-Doping Organization discovering or establishing ananti-doping rule violation by another Personinvolving Possession under Article 2.6.2(Possession by Athlete Support Personnel), Article2.7 (Trafficking), or Article 2.8 (administration to anAthlete). The reduced period of Ineligibility may not,however, be less than one-half of the minimumperiod of Ineligibility otherwise applicable. If theotherwise applicable period of Ineligibility is alifetime, the reduced period under this section maybe no less than 8 years.

10.6 Rules for Certain Potential Multiple Violations

10.6.1 For purposes of imposing sanctions under Articles10.2, 10.3 and 10.4, a second anti-doping ruleviolation may be considered for purposes ofimposing sanctions only if the Anti-Doping

Prohibited Substances and the Athleteexercised care in not taking othernutritional supplements.)

Article 10.5.2 applies only to theidentified anti-doping rule violationsbecause these violations may be basedon conduct that is not intentional orpurposeful. Violations under Article 2.4(whereabouts information and missedtests) are not included, even thoughintentional conduct is not required toestablish these violations, because thesanction for violations of Article 2.4

(from three months to two years)already builds in sufficient discretion toallow consideration of the Athlete’sdegree of fault.

110..6..11 Comment: Under this Article,an Athlete testing positive a secondtime before notice of the first positivetest would only be sanctioned on thebasis of a single anti-doping ruleviolation.

the total period of Ineligibility to be served. Whererequired by fairness, such as delays in the hearingprocess or other aspects of Doping Control not attributableto the Athlete, the body imposing the sanction may startthe period of Ineligibility at an earlier date commencing asearly as the date of Sample collection.

10.9 Status During Ineligibility

No Person who has been declared Ineligible may, duringthe period of Ineligibility, participate in any capacity in aCompetition or activity (other than authorized anti-dopingeducation or rehabilitation programs) authorized ororganized by any Signatory or Signatory’s memberorganization. In addition, for any anti-doping rule violationnot involving specified substances described in Article10.3, some or all sport-related financial support or othersport-related benefits received by such Person will bewithheld by Signatories, Signatories’ memberorganizations and governments. A Person subject to aperiod of Ineligibility longer than four years may, aftercompleting four years of the period of Ineligibility,


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positive Sample was collected. TheOMADC, as clarified by its ExplanatoryDocument, does not mandate eitherapproach. The approach provided inthe Code gives Athletes a strongdisincentive to drag out the hearingprocess while they compete in theinterim. It also encourages them tovoluntarily accept ProvisionalSuspensions pending a hearing. Onthe other hand, the body imposing thesanction can start the sanctionrunning before the date the hearingdecision is reached so that an Athleteis not penalized by delays in theDoping Control process which are nothis or her fault, for example,inordinate delay by the laboratory inreporting a positive test or delays inscheduling the hearing caused by theAnti-Doping Organization.

110..9 Comment: The rules of some Anti-Doping Organizations only ban anAthlete from “competing” during aperiod of Ineligibility. For example, anAthlete in those sports could still coachduring the Ineligibility period. ThisArticle adopts the position set forth inthe OMADC that an Athlete who is madeineligible for doping should notparticipate in any capacity in anauthorized Event or activity during theIneligibility period. This would preclude,for example, practicing with a nationalteam, or acting as a coach or sportofficial. Sanctions in one sport will alsobe recognized by other sports (seeArticle 15.4). This article would notprohibit the Person from participating insport on a purely recreational level.

other involving a Prohibited Substance orProhibited Method governed by the sanctions setforth in Article 10.2 or a violation governed by thesanctions in Article 10.4.1, the period of Ineligibilityimposed for the second offense shall be at aminimum two years’ Ineligibility and at a maximumthree years’ Ineligibility. Any Athlete found to havecommitted a third anti-doping rule violationinvolving any combination of specified substancesunder Article 10.3 and any other anti-doping ruleviolation under 10.2 or 10.4.1 shall receive asanction of lifetime Ineligibility.

10.7 Disqualification of Results in Competitions Subsequent toSample Collection

In addition to the automatic Disqualification of the resultsin the Competition which produced the positive Sampleunder Article 9 (Automatic Disqualification of IndividualResults), all other competitive results obtained from thedate a positive Sample was collected (whether In-Competition or Out-of-Competition), or other dopingviolation occurred, through the commencement of anyProvisional Suspension or Ineligibility period, shall,unless fairness requires otherwise, be Disqualified withall of the resulting consequences including forfeiture ofany medals, points and prizes.

10.8 Commencement of Ineligibility Period

The period of Ineligibility shall start on the date of thehearing decision providing for Ineligibility or, if the hearingis waived, on the date Ineligibility is accepted or otherwiseimposed. Any period of Provisional Suspension (whetherimposed or voluntarily accepted) shall be credited against

110..8 Comment: Currently, many Anti-Doping Organizations start the two-year period of Ineligibility at the time ahearing decision is rendered. ThoseAnti-Doping Organizations also

frequently invalidate resultsretroactively to the date a positiveSample was collected. Other Anti-Doping Organizations simply start thetwo-year suspension on the date the


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where awards are given to teams, Disqualification or otherdisciplinary action against the team when one or more teammembers have committed an anti-doping rule violation shall beas provided in the applicable rules of the International Federation.

ARTICLE 12 SANCTIONS AGAINST SPORTING BODIES

Nothing in this Code precludes any Signatory or governmentaccepting the Code from enforcing its own rules for the purposeof imposing sanctions on another sporting body over which theSignatory or government has authority.

ARTICLE 13 APPEALS

13.1 Decisions Subject to Appeal

Decisions made under the Code or rules adopted pursuantto the Code may be appealed as set forth below in Articles13.2 through 13.4. Such decisions shall remain in effectwhile under appeal unless the appellate body ordersotherwise. Before an appeal is commenced, any post-decision review provided in the Anti-DopingOrganization’s rules must be exhausted, provided thatsuch review respects the principles set forth in Article13.2.2 below.

13.2 Appeals from Decisions Regarding Anti-Doping RuleViolations, Consequences, and Provisional Suspensions

A decision that an anti-doping rule violation wascommitted, a decision imposing Consequences for ananti-doping rule violation, a decision that no anti-dopingrule violation was committed, a decision that an Anti-Doping Organization lacks jurisdiction to rule on analleged anti-doping rule violation or its Consequences,

112 Comment: This Article makes itclear that the Code does not restrictwhatever disciplinary rights betweenorganizations may otherwise exist.

113..11 Comment: The comparableOMADC Article is broader in that itprovides that any dispute arising outof the application of the OMADC maybe appealed to CAS.

participate in local sport events in a sport other than thesport in which the Person committed the anti-doping ruleviolation, but only so long as the local sport event is not ata level that could otherwise qualify such Person directly orindirectly to compete in (or accumulate points toward) anational championship or International Event.

10.10 Reinstatement Testing

As a condition to regaining eligibility at the end of aspecified period of Ineligibility, an Athlete must, duringany period of Provisional Suspension or Ineligibility,make him or herself available for Out-of-CompetitionTesting by any Anti-Doping Organization having testingjurisdiction, and must, if requested, provide current andaccurate whereabouts information. If an Athlete subjectto a period of Ineligibility retires from sport and isremoved from Out-of-Competition Testing pools and laterseeks reinstatement, the Athlete shall not be eligible forreinstatement until the Athlete has notified relevant Anti-Doping Organizations and has been subject to Out-of-Competition Testing for a period of time equal to theperiod of Ineligibility remaining as of the date the Athletehad retired.

ARTICLE 11 CONSEQUENCES TO TEAMS

Where more than one team member in a Team Sport has beennotified of a possible anti-doping rule violation under Article 7 inconnection with an Event, the Team shall be subject to TargetTesting for the Event. If more than one team member in a TeamSport is found to have committed an anti-doping rule violationduring the Event, the team may be subject to Disqualification orother disciplinary action. In sports which are not Team Sports but

110..110 Comment: On a related issue, theCode does not establish a rule, butrather leaves it to the various Anti-Doping Organizations to establish theirown rules, addressing eligibility

requirements for Athletes who are notineligible and retire from sport whileincluded in an Out-of-Competition pooland then seek to return to activeparticipation in sport.


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or other Person who is the subject of the decisionbeing appealed; (b) the other party to the case inwhich the decision was rendered; (c) the relevantInternational Federation and any other Anti-DopingOrganization under whose rules a sanction couldhave been imposed; (d) the International OlympicCommittee or International Paralympic Committee,as applicable, where the decision may have aneffect in relation to the Olympic Games orParalympic Games, including decisions affectingeligibility for the Olympic Games or ParalympicGames; and (e) WADA. In cases under Article13.2.2, the parties having the right to appeal to thenational-level reviewing body shall be as providedin the National Anti-Doping Organization’s rulesbut, at a minimum, shall include: (a) the Athlete orother Person who is the subject of the decisionbeing appealed; (b) the other party to the case inwhich the decision was rendered; (c) the relevantInternational Federation; and (d) WADA. For casesunder Article 13.2.2, WADA and the InternationalFederation shall also have the right to appeal to CASwith respect to the decision of the national-levelreviewing body.

Notwithstanding any other provision herein, theonly Person that may appeal from a ProvisionalSuspension is the Athlete or other Person uponwhom the Provisional Suspension is imposed.

13.3 Appeals from Decisions Granting or Denying a TherapeuticUse Exemption

Decisions by WADA reversing the grant or denial of atherapeutic use exemption may be appealed exclusively toCAS by the Athlete or the Anti-Doping Organization whosedecision was reversed. Decisions by Anti-DopingOrganizations other than WADA denying therapeutic useexemptions, which are not reversed by WADA, may beappealed by International-Level Athletes to CAS and by

and a decision to impose a Provisional Suspension as aresult of a Provisional Hearing or in violation of Article 7.5may be appealed exclusively as provided in this Article 13.2.

13.2.1 Appeals Involving International-Level Athletes

In cases arising from competition in anInternational Event or in cases involvingInternational-Level Athletes, the decision may beappealed exclusively to the Court of Arbitration forSport (“CAS”) in accordance with the provisionsapplicable before such court.

13.2.2 Appeals Involving National-Level Athletes

In cases involving national-level Athletes, asdefined by each National Anti-Doping Organization,that do not have a right to appeal under Article13.2.1, the decision may be appealed to anindependent and impartial body in accordance withrules established by the National Anti-DopingOrganization. The rules for such appeal shallrespect the following principles:

• A timely hearing;

• Fair, impartial and independent hearing body;

• The right to be represented by counsel at thePerson’s own expense; and

• A timely, written, reasoned decision.

13.2.3 Persons Entitled to Appeal

In cases under Article 13.2.1, the following partiesshall have the right to appeal to CAS: (a) the Athlete

113..2..11 Comment: CAS decisions arefinal and binding except for anyreview required by law applicable tothe annulment or enforcement ofarbitral awards.

113..2..2 Comment: An Anti-DopingOrganization may elect to comply withthis Article by giving its national-levelAthletes the right to appeal directly toCAS.


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have violated an anti-doping rule, shall be notified by theAnti-Doping Organization with results managementresponsibility as provided in Article 7 (ResultsManagement). The Athlete’s National Anti-DopingOrganization and International Federation and WADA shallalso be notified not later than the completion of theprocess described in Articles 7.1 and 7.2. Notification shallinclude: the Athlete’s name, country, sport and disciplinewithin the sport, whether the test was In-Competition orOut-of-Competition, the date of Sample collection and theanalytical result reported by the laboratory. The samePersons and Anti-Doping Organizations shall be regularlyupdated on the status and findings of any review orproceedings conducted pursuant to Articles 7 (ResultsManagement), 8 (Right to a Fair Hearing) or 13 (Appeals),and, in any case in which the period of Ineligibility iseliminated under Article 10.5.1 (No Fault or Negligence),or reduced under Article 10.5.2 (No Significant Fault orNegligence), shall be provided with a written reasoneddecision explaining the basis for the elimination orreduction. The recipient organizations shall not disclosethis information beyond those persons within theorganization with a need to know until the Anti-DopingOrganization with results management responsibility hasmade public disclosure or has failed to make publicdisclosure as required in Article 14.2 below.

14.2 Public Disclosure

The identity of Athletes whose Samples have resulted inAdverse Analytical Findings, or Athletes or other Personswho were alleged by an Anti-Doping Organization to haveviolated other anti-doping rules, may be publicly disclosedby the Anti-doping Organization with results managementresponsibility no earlier than completion of theadministrative review described in Articles 7.1 and 7.2. Nolater than twenty days after it has been determined in ahearing in accordance with Article 8 that an anti-dopingrule violation has occurred, or such hearing has been

other Athletes to the national level reviewing bodydescribed in Article 13.2.2. If the national level reviewingbody reverses the decision to deny a therapeutic useexemption, that decision may be appealed to CAS by WADA.

13.4 Appeals from Decisions Imposing Consequences underPart Three of the Code

With respect to consequences imposed under Part Three(Roles and Responsibilities) of the Code, the entity uponwhich consequences are imposed under Part Three of theCode shall have the right to appeal exclusively to CAS inaccordance with the provisions applicable before such court.

13.5 Appeals from Decisions Suspending or Revoking LaboratoryAccreditation

Decisions by WADA to suspend or revoke a laboratory’sWADA accreditation may be appealed only by thatlaboratory with the appeal being exclusively to CAS.

ARTICLE 14 CONFIDENTIALITY AND REPORTING

The Signatories agree to the principles of coordination of anti-doping results, public transparency and accountability andrespect for the privacy interests of individuals alleged to haveviolated anti-doping rules as provided below:

14.1 Information Concerning Adverse Analytical Findings andOther Potential Anti-Doping Rule Violations

An Athlete whose Sample has resulted in an AdverseAnalytical Finding, or an Athlete or other Person who may

113..5 Comment: The object of the Codeis to have anti-doping mattersresolved through fair and transparentinternal processes with a final appeal.Anti-doping decisions by Anti-DopingOrganizations are made transparentin Article 14. Specified Persons andorganizations, including WADA, are

then given the opportunity to appealthose decisions. Note, that thedefinition of interested Persons andorganizations with a right to appealunder Article 13 does not includeAthletes, or their federations, whomight benefit from having anothercompetitor disqualified.


115 Comment: To be effective, the anti-doping effort must involve many Anti-Doping Organizations conducting strongprograms at both the international andnational levels. Rather than limiting theresponsibilities of one group in favor ofthe exclusive competency of the other,the Code manages potential problemsassociated with overlappingresponsibilities, first by creating a muchhigher level of overall harmonization

and second, by establishing rules ofprecedence and cooperation in specificareas.

115..11 Comment: The Anti-DopingOrganization “initiating and directingtesting” may, if it chooses, enter intoagreements with other organizationsto which it delegates responsibility forSample collection or other aspects ofthe Doping Control process.

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Paralympic Committee, National Anti-Doping Organization,International Federation, and the International OlympicCommittee or International Paralympic Committee. Privateinformation regarding an Athlete shall be maintained byWADA in strict confidence. WADA shall, at least annually,publish statistical reports summarizing such information.

ARTICLE 15: CLARIFICATION OF DOPING CONTROLRESPONSIBILITIES

15.1 Event Testing

The collection of Samples for Doping Control does and shouldtake place at both International Events and National Events.However, only a single organization should be responsible forinitiating and directing Testing during an Event. AtInternational Events, the collection of Doping Control Samplesshall be initiated and directed by the international organizationwhich is the ruling body for the Event (e.g., the IOC for theOlympic Games, the International Federation for a WorldChampionship, and PASO for the Pan American Games). Ifthe international organization decides not to conduct anyTesting at such an Event, the National Anti-DopingOrganization for the country where the Event occurs may, incoordination with and with the approval of the internationalorganization or WADA, initiate and conduct such Testing. AtNational Events, the collection of Doping Control Samplesshall be initiated and directed by the designated National Anti-Doping Organization of that country.

waived, or the assertion of an anti-doping rule violation hasnot been timely challenged, the Anti-Doping Organizationresponsible for results management must publicly report thedisposition of the anti-doping matter.

14.3 Athlete Whereabouts Information

Athletes who have been identified by their InternationalFederation or National Anti-Doping Organization for inclusionin an Out-of-Competition Testing pool shall provide accurate,current location information. The International Federationsand National Anti-Doping Organizations shall coordinate theidentification of Athletes and the collecting of current locationinformation and shall submit it to WADA. WADA shall makethis information accessible to other Anti-DopingOrganizations having authority to test the Athlete as providedin Article 15. This information shall be maintained in strictconfidence at all times; shall be used exclusively for purposesof planning, coordinating or conducting Testing; and shall bedestroyed after it is no longer relevant for these purposes.

14.4 Statistical Reporting

Anti-Doping Organizations shall, at least annually, publishpublicly a general statistical report of their Doping Controlactivities with a copy provided to WADA.

14.5 Doping Control Information Clearing House

WADA shall act as a central clearing house for Doping ControlTesting data and results for International-Level Athletes andnational-level Athletes that have been included in theirNational Anti-Doping Organization’s Registered Testing Pool.To facilitate coordinated test distribution planning and to avoidunnecessary duplication in Testing by the various Anti-DopingOrganizations, each Anti-Doping Organization shall report allIn-Competition and Out-of-Competition tests on such Athletesto the WADA clearinghouse as soon as possible after suchtests have been conducted. WADA shall make thisinformation accessible to the Athlete, the Athlete’s NationalFederation, National Olympic Committee or National


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115..2 Comment: Additional authority toconduct Testing may be authorized bymeans of bilateral or multilateralagreements among Signatories andgovernments.

115..3 Comment: In some cases, theprocedural rules of the Anti-DopingOrganization which initiated anddirected the Sample collection may

specify that results management will behandled by another organization (e.g.,the Athlete’s national federation). Insuch event, it shall be the Anti-DopingOrganization’s responsibility to confirmthat the other organization’s rules areconsistent with the Code.

115..3..11 Comment: No absolute rule isestablished for managing results and

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or resident of that country shall be administered asdirected by the rules of the applicable InternationalFederation. Results management and the conductof hearings from a test by the International OlympicCommittee, the International ParalympicCommittee, or a Major Event Organization, shall bereferred to the applicable International Federationas far as sanctions beyond Disqualification from theEvent or the results of the Event.

15.4 Mutual Recognition

Subject to the right to appeal provided in Article 13, theTesting, therapeutic use exemptions and hearing results orother final adjudications of any Signatory which areconsistent with the Code and are within that Signatory’sauthority, shall be recognized and respected by all otherSignatories. Signatories may recognize the same actions ofother bodies which have not accepted the Code if the rules ofthose bodies are otherwise consistent with the Code.

ARTICLE 16: DOPING CONTROL FOR ANIMALS COMPETING IN SPORT

16.1 In any sport that includes animals in competition, theInternational Federation for that sport shall establish andimplement anti-doping rules for the animals included inthat sport. The anti-doping rules shall include a list ofProhibited Substances, appropriate Testing proceduresand a list of approved laboratories for Sample analysis.

conducting hearings where a NationalAnti-Doping Organization tests aforeign national athlete over whom itwould have had no jurisdiction but forthe Athlete’s presence in the NationalAnti-Doping Organization’s country.Under this Article, it is left to theInternational Federation to determineunder its own rules whether, forexample, management of the case

should be referred to the Athlete’sNational Anti-Doping Organization,remain with the Anti-DopingOrganization that collected theSample, or be taken over by theInternational Federation.

15.2 Out-of-Competition Testing

Out-of-Competition Testing is and should be initiated anddirected by both international and national organizations.Out-of-Competition Testing may be initiated and directedby: (a) WADA; (b) the IOC or IPC in connection with theOlympic Games or Paralympic Games; (c) the Athlete’sInternational Federation; (d) the Athlete’s National Anti-Doping Organization; or (e) the National Anti-DopingOrganization of any country where the Athlete is present.Out-of-Competition Testing should be coordinated throughWADA in order to maximize the effectiveness of thecombined Testing effort and to avoid unnecessaryrepetitive Testing of individual Athletes.

15.3 Results Management, Hearings and Sanctions

Except as provided in Article 15.3.1 below, results managementand hearings shall be the responsibility of and shall be governedby the procedural rules of the Anti-Doping Organization thatinitiated and directed Sample collection (or, if no Sample collectionis involved, the organization which discovered the violation).Regardless of which organization conducts results managementor hearings, the principles set forth in Articles 7 and 8 shall berespected and the rules identified in the Introduction to Part One tobe incorporated without substantive change must be followed.

15.3.1 Results management and the conduct of hearingsfor an anti-doping rule violation arising from a testby, or discovered by, a National Anti-DopingOrganization involving an Athlete that is not a citizen


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16.2 With respect to determining anti-doping rule violations,results management, fair hearings, Consequences, andappeals for animals involved in sport, the InternationalFederation for that sport shall establish and implementrules that are generally consistent with Articles 1, 2, 3, 9,10, 11, 13 and 17 of the Code.

ARTICLE 17: STATUTE OF LIMITATIONS

No action may be commenced against an Athlete or other Personfor a violation of an anti-doping rule contained in the Code unlesssuch action is commenced within eight years from the date theviolation occurred.

117 Comment: This does not restrictthe Anti-Doping Organization fromconsidering an earlier anti-dopingviolation for purposes of thesanction for a subsequent violationthat occurs more than eight yearslater. In other words, a secondviolation ten years after a firstviolation is considered a secondviolation for sanction purposes.

EDUCATION & RESEARCH

PART TWO

ARTICLE 19: RESEARCH

19.1 Purpose of Anti-Doping Research

Anti-doping research contributes to the development andimplementation of efficient programs within DopingControl and to anti-doping information and education.

19.2 Types of Research

Anti-doping research may include, for example,sociological, behavioral, juridical and ethical studies inaddition to medical, analytical and physiologicalinvestigation.

19.3 Coordination

Coordination of anti-doping research through WADA isencouraged. Subject to intellectual property rights, copiesof anti-doping research results should be provided toWADA.

19.4 Research Practices

Anti-doping research shall comply with internationallyrecognized ethical practices.

19.5 Research Using Prohibited Substances and ProhibitedMethods

Research efforts should avoid the administration ofProhibited Substances or Prohibited Methods to Athletes.

19.6 Misuse of Results

Adequate precautions should be taken so that the resultsof anti-doping research are not misused and applied fordoping.


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ARTICLE 18: EDUCATION

18.1 Basic Principle and Primary Goal

The basic principle for information and educationprograms shall be to preserve the spirit of sport asdescribed in the Introduction to the Code, from beingundermined by doping. The primary goal shall be todissuade Athletes from using Prohibited Substances andProhibited Methods.

18.2 Program and Activities

Each Anti-Doping Organization should plan, implementand monitor information and education programs. Theprograms should provide Participants with updated andaccurate information on at least the following issues:

• Substances and methods on the Prohibited List• Health consequences of doping• Doping Control procedures• Athletes’ rights and responsibilities

The programs should promote the spirit of sport in orderto establish an anti-doping environment which influencesbehavior among Participants.

Athlete Support Personnel should educate and counselAthletes regarding anti-doping policies and rules adoptedpursuant to the Code.

18.3 Coordination and Cooperation

All Signatories and Participants shall cooperate with eachother and governments to coordinate their efforts in anti-doping information and education.

PART THREE

ROLES &RESPONSIBILITIES

20.2.3To withhold some or all Paralympic funding of sportorganizations that are not in compliance with theCode.

20.2.4 To take appropriate action to discourage non-compliance with the Code as provided in Article23.5.

20.2.5 To authorize and facilitate the Independent ObserverProgram.

20.3 Roles and Responsibilities of International Federations

20.3.1 To adopt and implement anti-doping policies andrules which conform with the Code.

20.3.2 To require as a condition of membership that thepolicies, rules and programs of NationalFederations are in compliance with the Code.

20.3.3 To require all Athletes and Athlete SupportPersonnel within their jurisdiction to recognize andbe bound by anti-doping rules in conformance withthe Code.

20.3.4 To require Athletes who are not regularly membersof the International Federation or one of its memberNational Federations to be available for Samplecollection and provide accurate and up-to-datewhereabouts information if required by theconditions for eligibility established by theInternational Federation or, as applicable, the MajorEvent Organization.

20.3.5 To monitor the anti-doping programs of NationalFederations.


20..3..4 Comment: This would include,for example, Athletes fromprofessional leagues.

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ARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES

20.1 Roles and Responsibilities of the International OlympicCommittee

20.1.1 To adopt and implement anti-doping policies andrules for the Olympic Games which conform withthe Code.

20.1.2 To require as a condition of recognition by theInternational Olympic Committee, that InternationalFederations within the Olympic Movement are incompliance with the Code.

20.1.3 To withhold some or all Olympic funding of sportorganizations that are not in compliance with the Code.

20.1.4 To take appropriate action to discourage non-compliance with the Code as provided in Article 23.5.


20.2 Roles and Responsibilities of the International ParalympicCommittee

20.2.1 To adopt and implement anti-doping policies andrules for the Paralympic Games which conform withthe Code.

20.2.2 To require as a condition of recognition by theInternational Paralympic Committee, that NationalParalympic Committees within the OlympicMovement are in compliance with the Code.


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20 Comment: Responsibilities forSignatories and Participants areaddressed in various articles in the

Code and the responsibilities listed inthis part are additional to theseresponsibilities.


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20.5 Roles and Responsibilities of National Anti-DopingOrganizations

20.5.1 To adopt and implement anti-doping rules andpolices which conform with the Code.

20.5.2 To cooperate with other relevant nationalorganizations and other Anti-Doping Organizations.

20.5.3 To encourage reciprocal testing between NationalAnti-Doping Organizations.

20.5.4 To promote anti-doping research.

20.6 Roles and Responsibilities of Major Event Organizations

20.6.1 To adopt and implement anti-doping policies andrules for their Events which conform with the Code.

20.6.2 To take appropriate action to discourage non-compliance with the Code as provided in Article23.5.


20.7 Roles and Responsibilities of WADA

20.7.1 To adopt and implement policies and procedureswhich conform with the Code.

20.7.2 To monitor the processing of Adverse Analytical Findings.

20.7.3 To approve International Standards applicable to theimplementation of the Code.

20.7.4 To accredit laboratories to conduct Sample analysisor to approve others to conduct Sample analysis.

20.3.6 To take appropriate action to discourage non-compliance with the Code as provided in Article 23.5.

20.3.7 To authorize and facilitate the Independent Observerprogram at International Events.

20.3.8 To withhold some or all funding to its memberNational Federations that are not in compliancewith the Code.

20.4 Roles and Responsibilities of National OlympicCommittees and National Paralympic Committees

20.4.1 To ensure that their anti-doping policies and rulesconform with the Code.

20.4.2 To require as a condition of membership orrecognition that National Federations’ anti-dopingpolicies and rules are in compliance with theapplicable provisions of the Code.

20.4.3 To require Athletes who are not regular members ofa National Federation to be available for Samplecollection and provide accurate and up-to-datewhereabouts information on a regular basis ifrequired during the year before the Olympic Gamesas a condition of participation in the Olympic Games.

20.4.4 To cooperate with their National Anti-DopingOrganization.

20.4.5 To withhold some or all funding, during any periodof his or her Ineligibility, to any Athlete or AthleteSupport Personnel who has violated anti-dopingrules.

20.4.6 To withhold some or all funding to its member orrecognized National Federations that are not incompliance with the Code.


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21.2.3 To use their influence on Athlete values andbehavior to foster anti-doping attitudes.

ARTICLE 22: INVOLVEMENT OF GOVERNMENTS

Each government’s commitment to the Code will be evidenced byits signing a Declaration on or before the first day of the AthensOlympic Games to be followed by a process leading to a conventionor other obligation to be implemented as appropriate to theconstitutional and administrative contexts of each government onor before the first day of the Turin Winter Olympic Games.

It is the expectation of the Signatories that the Declaration and theconvention or other obligation will reflect the following major points:

22.1 Affirmative measures will be undertaken by each governmentin support of anti-doping in at least the following areas:

• Support for national anti-doping programs;

• The availability of Prohibited Substances and ProhibitedMethods;

• Facilitate access for WADA to conduct Out-of-CompetitionDoping Controls;

• The problem of nutritional supplements which containundisclosed Prohibited Substances; and

• Withholding some or all financial support from sportorganizations and Participants that are not in compliancewith the Code or applicable anti-doping rules adoptedpursuant to the Code.

20.7.5 To develop and approve Models of Best Practice.

20.7.6 To promote, conduct, commission, fund and coordinateanti-doping research.

20.7.7 To conduct an effective Independent Observer Program.

20.7.8 To conduct Doping Controls as authorized by otherAnti-Doping Organizations.

ARTICLE 21: ROLES AND RESPONSIBILITIES OF PARTICIPANTS

21.1 Roles and Responsibilities of Athletes

21.1.1 To be knowledgeable of and comply with allapplicable anti-doping policies and rules adoptedpursuant to the Code.

21.1.2 To be available for Sample collection.

21.1.3 To take responsibility, in the context of anti-doping,for what they ingest and use.

21.1.4 To inform medical personnel of their obligation not toUse Prohibited Substances and Prohibited Methodsand to take responsibility to make sure that any medicaltreatment received does not violate anti-doping policiesand rules adopted pursuant to the Code.

21.2 Roles and Responsibilities of Athlete Support Personnel

21.2.1 To be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to theCode and which are applicable to them or theAthletes whom they support.

21.2.2 To cooperate with the Athlete Testing program.

22 Comment: Most governments cannotbe parties to, or be bound by, privatenon-governmental instruments such asthe Code. For that reason,governments are not asked to beSignatories to the Code. However, theeffort to combat doping through thecoordinated and harmonized programreflected in the Code is very much a

joint effort between the sportmovement and governments. Anexample of one type of obligationreferred to above is the conventiondiscussed in the Final Communiqué ofthe UNESCO Round Table of Ministersand Senior Officials Responsible forPhysical Education and Sport held inParis on 9/10 January 2003.


22.2 All other governmental involvement with anti-doping willbe brought into harmony with the Code.

22.3 Ongoing compliance with the commitments reflected inthe convention or other obligation will be monitored asdetermined in consultation between WADA and theapplicable government(s).

PART FOUR

ACCEPTANCE,COMPLIANCE, MODIFICATION& INTERPRETATION

23.2.2 In implementing the Code, the Signatories areencouraged to use the Models of Best Practicerecommended by WADA.

23.3 Acceptance and Implementation Deadlines

23.3.1 Signatories shall accept and implement the Code onor before the first day of the Athens Olympic Games.

23.3.2 The Code may be accepted after the above-referenced deadlines; however, Signatories shallnot be considered in compliance with the Code untilthey have accepted the Code (and that acceptancehas not been withdrawn).

23.4 Monitoring Compliance with the Code

23.4.1 Compliance with the Code shall be monitored byWADA or as otherwise agreed by WADA.

23.4.2 To facilitate monitoring, each Signatory shall reportto WADA on its compliance with the Code everysecond year and shall explain reasons fornoncompliance.

23.4.3 WADA shall consider explanations for non-compliance and, in extraordinary situations, mayrecommend to the International OlympicCommittee, International Paralympic Committee,International Federations, and Major EventOrganizations that they provisionally excuse thenon-compliance.


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ARTICLE 23: ACCEPTANCE, COMPLIANCE AND MODIFICATION

23.1 Acceptance of the Code

23.1.1 The following entities shall be Signatories acceptingthe Code: WADA, The International OlympicCommittee, International Federations, TheInternational Paralympic Committee, NationalOlympic Committees, National ParalympicCommittees, Major Event Organizations, andNational Anti-Doping Organizations. These entitiesshall accept the Code by signing a declaration ofacceptance upon approval by each of theirrespective governing bodies.

23.1.2 Other sport organizations that may not be under thecontrol of a Signatory may, upon WADA’s invitation,also accept the Code.

23.1.3 A list of all acceptances will be made public by WADA.

23.2 Implementation of the Code

23.2.1 The Signatories shall implement applicable Codeprovisions through policies, statutes, rules orregulations according to their authority and withintheir relevant spheres of responsibility.

23..11..11 Comment: Each acceptingSignatory will separately sign anidentical copy of the standard formcommon declaration of acceptanceand deliver it to WADA. The act ofacceptance will be as authorized bythe organic documents of eachorganization. For example, anInternational Federation by itsCongress and WADA by itsFoundation Board.

23..11..2 Comment: Those professionalleagues that are not currently underthe jurisdiction of any government orInternational Federation will beencouraged to accept the Code.

23..4..3 Comment: WADA recognizesthat amongst Signatories andgovernments, there will be significantdifferences in anti-doping experience,resources, and the legal context in

which anti-doping activities arecarried out. In considering whetheran organization is compliant, WADAwill consider these differences.


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23.6.3 Amendments to the Code shall, after appropriateconsultation, be approved by a two-thirds majorityof the WADA Foundation Board including a majorityof both the public sector and Olympic Movementmembers casting votes. Amendments shall,unless provided otherwise, go into effect threemonths after such approval.

23.6.4 Signatories shall implement any applicableamendment to the Code within one year of approvalby the WADA Foundation Board.

23.7 Withdrawal of Acceptance of the Code

23.7.1 Signatories may withdraw acceptance of the Codeafter providing WADA six-month’s written notice oftheir intent to withdraw.

ARTICLE 24: INTERPRETATION OF THE CODE

24.1 The official text of the Code shall be maintained by WADAand shall be published in English and French. In the eventof any conflict between the English and French versions,the English version shall prevail.

24.2 The comments annotating various provisions of the Codeare included to assist in the understanding andinterpretation of the Code.

24.3 The Code shall be interpreted as an independent andautonomous text and not by reference to the existing lawor statutes of the Signatories or governments.

23.4.4 WADA shall, after dialogue with the subjectorganization, make reports on compliance to theInternational Olympic Committee, the InternationalParalympic Committee, International Federations,and Major Event Organizations. These reports shallalso be made available to the public.

23.5 Consequences of Noncompliance with the Code

23.5.1 Noncompliance with the Code by either thegovernment or National Olympic Committee of acountry may result in consequences with respect toOlympic Games, Paralympic Games, WorldChampionships or the Events of Major EventOrganizations as determined by the ruling body foreach Event. The imposition of such consequencesmay be appealed by the National OlympicCommittee or government to CAS pursuant toArticle 13.4.

23.6 Modification of the Code

23.6.1 WADA shall be responsible for overseeing theevolution and improvement of the Code. Athletesand all Signatories and governments shall beinvited to participate in such process.

23.6.2 WADA shall initiate proposed amendments to theCode and shall ensure a consultative process toboth receive and respond to recommendations andto facilitate review and feedback from Athletes,Signatories and governments on recommendedamendments.


24..5 Comment: For example, conductwhich is an anti-doping rule violationdescribed in the Code, but which isnot a violation under an InternationalFederation's pre-Code rules, wouldnot be a violation until theInternational Federation's rules arechanged.

Pre-Code anti-doping rule violationswould continue to count as "Firstviolations" or "Second violations" forpurposes of determining sanctionsunder Article 10 for subsequent post-Code violations.

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24.4 The headings used for the various Parts and Articles of theCode are for convenience only and shall not be deemedpart of the substance of the Code or to affect in any way thelanguage of the provisions to which they refer.

24.5 The Code shall not apply retrospectively to matterspending before the date the Code is accepted by aSignatory and implemented in its rules.

24.6 APPENDIX I Definitions shall be considered an integralpart of the Code.

APPENDIX 1

DEFINITIONS


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Attempt: Purposely engaging in conduct that constitutes asubstantial step in a course of conduct planned to culminate inthe commission of an anti-doping rule violation. Provided,however, there shall be no anti-doping rule violation based solelyon an Attempt to commit a violation if the Person renunciates theattempt prior to it being discovered by a third party not involved inthe Attempt.

Code: The World Anti-Doping Code.

Competition: A single race, match, game or singular athleticcontest. For example, the finals of the Olympic 100-meter dash.For stage races and other athletic contests where prizes areawarded on a daily or other interim basis the distinction betweena Competition and an Event will be as provided in the rules of theapplicable International Federation.

Consequences of Anti-DDoping Rules Violations: An Athlete’s orother Person’s violation of an anti-doping rule may result in oneor more of the following: (a) Disqualification means the Athlete’sresults in a particular Competition or Event are invalidated, withall resulting consequences including forfeiture of any medals,points and prizes; (b) Ineligibility means the Athlete or otherPerson is barred for a specified period of time from participatingin any Competition or other activity or funding as provided inArticle 10.9; and (c) Provisional Suspension means the Athlete orother Person is barred temporarily from participating in anyCompetition prior to the final decision at a hearing conductedunder Article 8 (Right to a Fair Hearing).

Disqualification: See Consequences of Anti-Doping RulesViolations above.

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

Event: A series of individual Competitions conducted togetherunder one ruling body (e.g., the Olympic Games, FINA WorldChampionships, or Pan American Games).

Adverse Analytical Finding: A report from a laboratory or otherapproved Testing entity that identifies in a Specimen thepresence of a Prohibited Substance or its Metabolites or Markers(including elevated quantities of endogenous substances) orevidence of the Use of a Prohibited Method.

Anti-DDoping Organization: A Signatory that is responsible foradopting rules for initiating, implementing or enforcing any partof the Doping Control process. This includes, for example, theInternational Olympic Committee, the International ParalympicCommittee, other Major Event Organizations that conduct Testingat their Events, WADA, International Federations, and NationalAnti-Doping Organizations.

Athlete: For purposes of Doping Control, any Person whoparticipates in sport at the international level (as defined by eachInternational Federation) or national level (as defined by eachNational Anti-Doping Organization) and any additional Personwho participates in sport at a lower level if designated by thePerson’s National Anti-Doping Organization. For purposes ofanti-doping information and education, any Person whoparticipates 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 workingwith or treating Athletes participating in or preparing for sportscompetition.

Athlete Comment: This definitionmakes it clear that all internationaland national-calibre athletes aresubject to the anti-doping rules of theCode, with the precise definitions ofinternational and national level sportto be set forth in the anti-doping rulesof the International Federations andNational Anti-Doping Organizations,respectively. At the national level,anti-doping rules adopted pursuant tothe Code shall apply, at a minimum, toall persons on national teams and all

persons qualified to compete in anynational championship in any sport.The definition also allows eachNational Anti-Doping Organization, ifit chooses to do so, to expand its anti-doping control program beyondnational-calibre athletes to athletes atlower levels of competition. Athletesat all levels of competition shouldreceive the benefit of anti-dopinginformation and education.


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Major Event Organizations: This term refers to the continentalassociations of National Olympic Committees and otherinternational multi-sport organizations that function as the rulingbody for any continental, regional or other International Event.

Marker: A compound, group of compounds or biologicalparameters that indicates the Use of a Prohibited Substance orProhibited Method.

Metabolite: Any substance produced by a biotransformationprocess.

Minor: A natural Person who has not reached the age of majorityas established by the applicable laws of his or her country ofresidence.

National Anti-DDoping Organization: The entity(ies) designated byeach country as possessing the primary authority andresponsibility to adopt and implement anti-doping rules, directthe collection of Samples, the management of test results, andthe conduct of hearings, all at the national level. If thisdesignation has not been made by the competent publicauthority(ies), the entity shall be the country’s National OlympicCommittee or its designee.

National Event: A sport Event involving international or national-level Athletes that is not an International Event.

National Olympic Committee: The organization recognized by theInternational Olympic Committee. The term National OlympicCommittee shall also include the National Sport Confederation inthose countries where the National Sport Confederationassumes typical National Olympic Committee responsibilities inthe anti-doping area.

No Advance Notice: A Doping Control which takes place with noadvance warning to the Athlete and where the Athlete iscontinuously chaperoned from the moment of notificationthrough Sample provision.

In-CCompetition: For purposes of differentiating between In-Competition and Out-of-Competition Testing, unless providedotherwise in the rules of an International Federation or otherrelevant Anti-Doping Organization, an In-Competition test is atest where an Athlete is selected for testing in connection with aspecific Competition.

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

Ineligibility: See Consequences of Anti-Doping Rules Violationsabove.

International Event: An Event where the International OlympicCommittee, the International Paralympic Committee, anInternational Federation, a Major Event Organization, or anotherinternational sport organization is the ruling body for the Event orappoints the technical officials for the Event.

International-LLevel Athlete: Athletes designated by one or moreInternational Federations as being within the Registered TestingPool for an International Federation.

International Standard: A standard adopted by WADA in supportof the Code. Compliance with an International Standard (asopposed to another alternative standard, practice or procedure)shall be sufficient to conclude that the procedures addressed bythe International Standard were performed properly.

In-CCompetition Comment: Thedistinction between “In-Competition”and “Out-of-Competition” testing issignificant because the full ProhibitedList is only tested for “In-Competition.”Prohibited stimulants, for example,are not tested for Out-of-Competitionbecause they have no performanceenhancing benefit unless they are in

the Athlete’s system while the Athleteis actually competing. So long as theprohibited stimulant has cleared theAthlete’s system at the time theAthlete competes, it makes nodifference whether that stimulantcould have been found in the Athlete’surine the day before or the day afterthe Competition.


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notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete actiondemonstrating that the Person no longer intends to havePossession and has renounced the Person’s previousPossession.

Prohibited List: The List identifying the Prohibited Substancesand Prohibited Methods.

Prohibited Method: Any method so described on the Prohibited List.

Prohibited Substance: Any substance so described on theProhibited List.

Provisional Hearing: For purposes of Article 7.5, an expeditedabbreviated hearing occurring prior to a hearing under Article 8(Right to a Fair Hearing) that provides the Athlete with notice andan opportunity to be heard in either written or oral form.

Provisional Suspension: See Consequences above.

Publicly Disclose or Publicly Report: To disseminate or distributeinformation to the general public or persons beyond those personsentitled to earlier notification in accordance with Article 14.

Registered Testing Pool: The pool of top level Athletesestablished separately by each International Federation andNational Anti-Doping Organization who are subject to both In-Competition and Out-of-Competition Testing as part of thatInternational Federation’s or Organization’s test distribution plan.

Sample Specimen: Any biological material collected for thepurposes of Doping Control.

Reggistered Testingg Pool Comment:Each International Federation shallclearly define the specific criteria forinclusion of Athletes in its RegisteredTesting Pool. For example, the

criteria could be a specified worldranking cut-off, a specified timestandard, membership on a nationalteam, etc.

No Fault or Negligence: The Athlete’s establishing that he or shedid not know or suspect, and could not reasonably have known orsuspected even with the exercise of utmost caution, that he orshe had Used or been administered the Prohibited Substance orProhibited Method.

No Significant Fault or Negligence: The Athlete’s establishingthat his or her fault or negligence, when viewed in the totality ofthe circumstances and taking into account the criteria for NoFault or Negligence, was not significant in relationship to theanti-doping rule violation.

Out-oof-CCompetition: 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 constructivepossession (which shall be found only if the Person has exclusivecontrol over the Prohibited Substance/Method or the premises inwhich a Prohibited Substance/Method exists); provided, however,that if the Person does not have exclusive control over theProhibited Substance/Method or the premises in which aProhibited Substance/Method exists, constructive possessionshall only be found if the Person knew about the presence of theProhibited Substance/Method and intended to exercise controlover it. Provided, however, there shall be no anti-doping ruleviolation based solely on possession if, prior to receiving

Possession Comment: Under thisdefinition, steroids found in anAthlete's car would constitute aviolation unless the Athleteestablishes that someone else usedthe car; in that event, the Anti-DopingOrganization must establish that,even though the Athlete did not haveexclusive control over the car, theAthlete knew about the steroids and

intended to have control over thesteroids. Similarly, in the example ofsteroids found in a home medicinecabinet under the joint control of anAthlete and spouse, the Anti-DopingOrganization must establish that theAthlete knew the steroids were in thecabinet and that the Athlete intendedto exercise control over the steroids.


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Signatories: Those entities signing the Code and agreeing tocomply with the Code, including the International OlympicCommittee, International Federations, International ParalympicCommittee, National Olympic Committees, National ParalympicCommittees, Major Event Organizations, National Anti-DopingOrganizations, and WADA.

Tampering: Altering for an improper purpose or in an improperway; bringing improper influence to bear; interfering improperlyto alter results or prevent normal procedures from occurring.

Target Testing: Selection of Athletes for Testing where specificAthletes or groups of Athletes are selected on a non-randombasis for Testing at a specified time.

Team Sport: A sport in which the substitution of players ispermitted during a Competition.

Testing: The parts of the Doping Control process involving testdistribution planning, Sample collection, Sample handling, andSample transport to the laboratory.

Trafficking: To sell, give, administer, transport, send, deliver ordistribute a Prohibited Substance or Prohibited Method to anAthlete either directly or through one or more third parties, butexcluding the sale or distribution (by medical personnel or byPersons other than an Athlete’s Support Personnel) of aProhibited Substance for genuine and legal therapeuticpurposes.

Use: The application, ingestion, injection or consumption by anymeans whatsoever of any Prohibited Substance or ProhibitedMethod.

WADA: The World Anti-Doping Agency.

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