Explanations Accompanying IWBF Anti-Doping Regulations   The International Wheelchair Basketball Federation is committed to ensuring that the sport of wheelchair basketball embodies the very nature of sport.  Wheelchair basketball should be played in a safe environment for everyone, an environment where the regulations and the spirit of the regulations are applied at all times, an environment where fair play and honesty go hand in hand with competing and excelling at all levels of the game.  The regulations that follow support the fundamental philosophies of wheelchair basketball and our member nations through equality, fair play and promoting a healthy and safe environment to partake in our sport.  IWBF Executive Council  January 2009

ARTICLE 1 DEFINITION OF DOPING

ARTICLE 2 ANTI-DOPING REGULATION VIOLATIONS

ARTICLE 3 PROOF OF DOPING

ARTICLE 4 THE PROHIBITED LIST

ARTICLE 5 TESTING

ARTICLE 6 ANALYSIS OF SAMPLES

ARTICLE 7 RESULTS MANAGEMENT

ARTICLE 8 RIGHT TO A FAIR HEARING

ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

ARTICLE 10 SANCTIONS ON INDIVIDUALS

ARTICLE 11 CONSEQUENCES TO TEAMS

ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST NOWBS

ARTICLE 13 APPEALS

ARTICLE 14 NOWBS  INCORPORATION OF IWBF REGULATIONS, REPORTING AND RECOGNITION

ARTICLE 15 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS

ARTICLE 16 STATUTE OF LIMITATIONS .

ARTICLE 17 IF COMPLIANCE REPORTS TO WADA

ARTICLE 18 AMENDMENT AND INTERPRETATION OF ANTI-DOPING REGULATIONS

 

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INTRODUCTION

Preface These Anti-Doping Regulations are adopted and implemented in conformance with IWBF's responsibilities under the Code, and are in furtherance of IWBF's continuing efforts to eradicate doping in the sport of wheelchair basketball.  Anti-Doping Regulations, like Competition regulations, are sport regulations governing the conditions under which sport is played. Athletes and other Persons accept these regulations as a condition of participation and shall be bound by them. These sport-specific regulations and procedures, aimed at enforcing anti-doping principles in a global and harmonized manner, are distinct in nature and, therefore, not intended to be subject to, or limited by any national requirements and legal standards applicable to criminal proceedings or employment matters. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping regulations in the Code and the fact that these regulations represent the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport.

Fundamental Rationale for the Code and IWBF's Anti-Doping Regulations Anti-doping programs seek to preserve what is intrinsically valuable about sport.  This intrinsic value is often referred to as "the spirit of sport"; it is the essence of Paralympism; it is how we play true.  The spirit of sport is the celebration of the human spirit, body and mind, and is characterized by the following values:

• Ethics, fair play and honesty

• Health

• Excellence in performance

• Character and education

• Fun and joy

• Teamwork

• Dedication and commitment

• Respect for regulations and laws

• Respect for self and other participants

• Courage

• Community and solidarity

Doping is fundamentally contrary to the spirit of sport.  IWBF has always been committed to ensuring wheelchair basketball is a sport free from the use of performance enhancing drugs and methods.  It is proud of the good work undertaken by the National Organisations governing Wheelchair Basketball (NOWB) and the Commission for Legal Matters and Eligibility (CLME) who support the Anti-doping of IWBF.

Scope These Anti-Doping Regulations shall apply to IWBF, each NOWB of IWBF, and each Participant in the activities of IWBF or any of its NOWBs by virtue of the Participant's membership, accreditation, or participation in IWBF, its NOWBs, or their activities or Events.   To be eligible for participation in IWBF events, a competitor must have an IWBF licence issued by his or her NOWB. The IWBF licence will only be issued to competitors who have personally signed the IWBF consent form approved by the IWBF Executive. All forms from under-age applicants must be counter-signed by their legal guardians. The NOWB must guarantee that all athletes registered for an IWBF Licence accept the Regulations of the IWBF, including these IWBF Anti-Doping Regulations. It is the responsibility of each NOWB to ensure that all national-level Testing on the NOWB's Athletes complies with these Anti-Doping Regulations.  In some countries, the NOWB itself will be conducting the Doping Control described in these Anti-Doping Regulations.  In other countries, many of the Doping Control responsibilities of the NOWB have been delegated or assigned by statute or agreement to a National Anti-Doping Organisation.  In those countries, references in these Anti-Doping Regulations to the NOWB shall apply, as appropriate, to the National Anti-Doping Organisation. These Anti-Doping Regulations shall apply to all Doping Controls over which IWBF and its NOWBs have jurisdiction.

ARTICLE 1 DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping regulation violations set forth in Article 2.1 through Article 2.8 of these Anti-Doping Regulations.

ARTICLE 2 ANTI-DOPING REGULATION VIOLATIONS

Athletes and other Persons shall be responsible for knowing what constitutes an anti-doping regulation violation and the substances and methods which have been included on the Prohibited List. The following constitute anti-doping regulation violations:

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

2.1.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body.  Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples.  Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti-doping violation under Article 2.1.

2.1.2 Sufficient proof of an anti-doping regulation violation under Article 2.1 is established by either of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete’s B Sample is analyzed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample.

2.1.3 Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti-doping regulation violation.

2.1.4 As an exception to the general regulation of Article 2.1, the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method

2.2.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti-doping regulation violation for Use of a Prohibited Substance or a Prohibited Method.

2.2.2 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material.  It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping regulation violation to be committed.

2.3 Refusing or failing without compelling justification to submit to Sample collection after notification as authorized in these Anti-Doping Regulations, or otherwise evading Sample collection.

2.4 Violation of applicable requirements regarding Athlete availability for Out-of-Competition Testing set out in the International Standard for Testing, including failure to file whereabouts information in accordance with Article 11.3 of the International Standard for Testing (a “Filing Failure”) and failure to be available for Testing at the declared whereabouts in accordance with Article 11.4 of the International Standard for Testing (a “Missed Test”).  Any combination of three Missed Tests and/or Filing Failures committed within an eighteen-month period, as declared by IWBF or any other Anti-Doping Organisation with jurisdiction over an Athlete, shall constitute an anti-doping regulation violation.

2.5 Tampering or Attempted Tampering with any part of Doping Control.

2.6 Possession of Prohibited Substances and Methods

2.6.1 Possession by an Athlete In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by an Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited in Out-of-Competition Testing unless the Athlete establishes that the Possession is pursuant to a therapeutic use exemption (“TUE”) granted in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification.

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

2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method.

2.8 Administration or Attempted administration to any Athlete In-Competition of any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping regulation violation or any Attempted anti-doping regulation violation.

ARTICLE 3 PROOF OF DOPING

3.1 Burdens and Standards of Proof

IWBF and its NOWBs shall have the burden of establishing that an anti-doping regulation violation has occurred. The standard of proof shall be whether IWBF or its NOWB has established an anti-doping regulation violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.  Where these Regulations place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping regulation violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Articles 10.4 and 10.6, where the Athlete must satisfy a higher burden of proof.

3.2 Methods of Establishing Facts and Presumptions

Facts related to anti-doping regulation violations may be established by any reliable means, including admissions.  The following Regulations of proof shall be applicable in doping cases:

3.2.1 WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories.  The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard occurred which could reasonably have caused the Adverse Analytical Finding.

If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard occurred which could reasonably have caused the Adverse Analytical Finding, then IWBF or its NOWB shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

3.2.2 Departures from any other International Standard or other anti-doping regulation or policy which did not cause an Adverse Analytical Finding or other anti-doping regulation violation shall not invalidate such results.  If the Athlete or other Person establishes that a departure from another International Standard or other anti-doping regulation or policy which could reasonably have caused the Adverse Analytical Finding or other anti-doping regulation violation occurred, then IWBF or its NOWB shall have the burden to establish that such a departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping regulation violation.

3.2.3 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice.

3.2.4 The hearing panel in a hearing on an anti-doping regulation violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping regulation violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the tribunal) and to answer questions either from the hearing panel or from the Anti-Doping Organisation asserting the anti-doping regulation violation.

ARTICLE 4 THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These Anti-Doping Regulations incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code.  IWBF will make the current Prohibited List available to each NOWB, and each NOWB shall ensure that the current Prohibited List is available to its members and constituents.

4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2.1 Prohibited Substances and Prohibited Methods Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Regulations three months after publication of the Prohibited List by WADA without requiring any further action by IWBF. As described in Article 4.2 of the Code, IWBF may upon the recommendation of its CLME request that WADA expand the Prohibited List for the sport of wheelchair basketball.  IWBF may also, upon the recommendation of the CLME request that WADA include additional substances or methods, which have the potential for abuse in the sport of wheelchair basketball, in the monitoring program described in Article 4.5 of the Code.  As provided in the Code, WADA shall make the final decision on such requests by IWBF.

4.2.2 Specified Substances  For purposes of the application of Article 10 (Sanctions on Individuals), all Prohibited Substances shall be “Specified Substances” except (a) substances in the classes of anabolic agents and hormones; and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be Specified Substances.  4.2.3 New Classes of Prohibited Substances   In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances in accordance with Article 4.1 of the Code, WADA’s Executive Committee shall determine whether any or all Prohibited Substances within the new class of Prohibited Substances shall be considered Specified Substances under Article 4.2.2.

4.3 Criteria for Including Substances and Methods on the Prohibited List

As provided in Article 4.3.3 of the Code, WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List and the

classification of substances into categories on the Prohibited List is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.

4.4 Therapeutic Use

4.4.1 Athletes with a documented medical condition requiring the use of a Prohibited Substance or a Prohibited Method must first obtain a TUE. The presence of a Prohibited Substance or its Metabolites or Markers (Article 2.1), Use or Attempted Use of a Prohibited Substance or a Prohibited Method (Article 2.2), Possession of Prohibited Substances or Prohibited Methods (Article 2.6) or administration of a Prohibited Substance or Prohibited Method (Article 2.8) consistent with the provisions of an applicable TUE issued pursuant to the International Standard for Therapeutic Use Exemptions shall not be considered an anti-doping regulation violation.

4.4.2 Subject to Article 4.4.3, Athletes included by IWBF in its Registered Testing Pool and other Athletes participating in any International Event must obtain a TUE from their National Anti-Doping Organisation.  This must be sent directly to IWBF for approval by the CLME. The application for a TUE must be made as soon as possible (in the case of an Athlete in the Registered Testing Pool, this would be when he/she is first notified of his/her inclusion in the pool) and in any event (save in emergency situations) no later than 21 days before the Athlete’s participation in the Event (This is no way removes the responsibility to provide a TUE for the NOWB).

4.4.3 The only exception to Article 4.4.2 is that, in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions, Athletes not in IWBF’s Registered Testing Pool who inhale Glucocorticosteroids and/or formoterol, salbutamol, salmeterol or terbutaline to treat asthma or one of its clinical variants do not need a TUE in advance of participating in an International Event unless so specified by IWBF.  Instead, if necessary, any such Athlete may apply for a Retroactive TUE after the Event in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions and Article 7.1.3 of these Anti-Doping Regulations.

4.4.4 TUE’s accepted by IWBF shall be reported to the Athlete's NOWB and to WADA. Other Athletes subject to Testing who need to use a Prohibited Substance or a Prohibited Method for therapeutic reasons must obtain a TUE from their National Anti-Doping Organisation or other body designated by their NOWB, as required under the regulations of the National Anti-Doping Organisation/other body. NOWBs shall promptly report any such TUE’s to IWBF and WADA.

4.4.5 The CLME shall appoint a panel of physicians to consider submitted TUE’s (the "TUE Panel").  Upon IWBF's receipt of a TUE, the Chair of the TUE Panel shall appoint one or more members of the TUE Panel (which may include the Chair) to consider such request.  The TUE Panel member(s) so designated shall promptly evaluate such request in accordance with the International

Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of IWBF.

4.4.6 WADA, at the request of an Athlete or on its own initiation, may review the granting or denial of any TUE by IWBF.  If WADA determines that the granting or denial of a TUE did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision.  Decisions on TUE’s are subject to further appeal as provided in Article 13.

ARTICLE 5 TESTING

5.1 Authority to Test

All Athletes under the jurisdiction of a NOWB shall be subject to In-Competition Testing by IWBF, the Athlete's NOWB, and any other Anti-Doping Organisation responsible for Testing at a Competition or Event in which they participate.  All Athletes under the jurisdiction of a NOWB, including Athletes serving a period of ineligibility or a Provisional Suspension, shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by IWBF, WADA, the Athlete's NOWB, the National Anti-Doping Organisation of any country where the Athlete is present, and the IPC during Paralympic Games.  Target Testing will be made a priority.

5.2 Responsibility for IWBF Testing

The IWBF CLME shall be responsible for drawing up a test distribution plan for the sport of wheelchair basketball in accordance with Article 4 of the International Standard for Testing, and for the implementation of that plan, including overseeing all Testing conducted by or on behalf of IWBF.  Testing may be conducted by members of the IWBF CLME or by other qualified persons so authorized by IWBF.

5.3 Testing Standards

Testing conducted by IWBF and its NOWBs shall be in substantial conformity with the International Standard for Testing in force at the time of Testing.

5.3.1 Blood (or other non-urine) Samples may be used to detect Prohibited Substances or Prohibited Methods, for screening procedure purposes, or for longitudinal hematological profiling (“the passport”). If the Sample is collected for screening only, it will have no consequences for the Athlete other than to identify him/her for a urine test under these anti-doping regulations. In these circumstances, IWBF may decide at its own discretion which blood parameters are to be measured in the screening Sample and what levels of those parameters will be used to indicate that an Athlete should be selected for a urine test. If however, the Sample is collected for longitudinal hematological profiling (“the passport”), it may be used for anti-doping purposes in accordance with Article 2.2 of the Code.

5.4 Coordination of Testing

IWBF and NOWBs shall promptly report completed tests through the WADA clearinghouse to avoid unnecessary duplication in Testing.

5.5 Athlete Whereabouts Requirements

5.5.1 IWBF shall identify a Registered Testing Pool of those Athletes who are required to comply with the whereabouts requirements of the International Standard for Testing, and shall publish the criteria for Athletes to be included in this Registered Testing Pool as well as a list of the Athletes meeting those criteria for the period in question.  IWBF shall review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall revise the membership of its Registered Testing Pool from time to time as appropriate in accordance with the set criteria.  Each Athlete in the Registered Testing Pool (a) shall advise IWBF of his/her whereabouts on a quarterly basis, in the manner set out in Article 11.3 of the International Standard for Testing; (b) shall update that information as necessary, in accordance with Article 11.4.2 of the International Standard for Testing, so that it remains accurate and complete at all times; and (c) shall make him/herself available for Testing at such whereabouts, in accordance with Article 11.4 of the International Standard for Testing.

5.5.2 An Athlete’s failure to advise IWBF of his/her whereabouts shall be deemed a Filing Failure for purposes of Article 2.4 where the conditions of Article 11.3.5 of the International Standard for Testing are met.

5.5.3 An Athlete’s failure to be available for Testing at his/her declared whereabouts shall be deemed a Missed Test for purposes of Article 2.4 where the conditions of Article 11.4.3 of the International Standard for Testing are met.

5.5.4 Each NOWB shall also assist its National Anti-Doping Organisation in establishing a national level Registered Testing Pool of top level national Athletes to whom the whereabouts requirements of the International Standard for Testing shall also apply.  Where those Athletes are also in the IWBF’s Registered Testing Pool, the IWBF and the National Anti-Doping Organisation will agree on which of them will take responsibility for receiving whereabouts filings from the Athlete and sharing it with the other (and with other Anti-Doping Organisations) in accordance with Article 5.5.5.

5.5.5 Whereabouts information provided pursuant to Articles 5.5.1 and 5.5.4 shall be shared with WADA and other Anti-Doping Organisations having jurisdiction to test an Athlete in accordance with Articles 11.7.1(d) and 11.7.3(d) of the International Standard for Testing, including the strict condition that it be used only for Doping Control purposes.

5.6 Retirement and Return to Competition

5.6.1 An Athlete who has been identified by IWBF for inclusion in IWBF’s Registered Testing Pool shall continue to be subject to these Anti-Doping Regulations, including the obligation to comply with the whereabouts requirements of the International Standard for Testing unless and until the

Athlete gives written notice to IWBF that he or she has retired or until he or she no longer satisfies the criteria for inclusion in IWBF's Registered Testing Pool and has been so informed by IWBF.

5.6.2 An Athlete who has given notice of retirement to IWBF may not resume competing unless he or she notifies IWBF at least six months before he or she expects to return to international competition and makes him/herself available for unannounced Out-of-Competition Testing, including (if requested) complying with the whereabouts requirements of the International Standard for Testing, at any time during the period before actual return to competition.

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

5.7 Selection of Athletes to be Tested

5.7.1 At International Events, the IWBF CLME shall determine the number of finishing placement tests, random tests and target tests to be performed.

5.7.1.1 The number of random tests shall be no less than two Athletes selected at random from each of the top four finishing teams.  The number of random tests from each team shall always be equal.

5.7.2 At National Events, each NOWB shall determine the number of Athletes selected for Testing in each Competition and the procedures for selecting the Athletes for Testing.

5.7.3 In addition to the selection procedures set forth in Articles 5.7.1 and 5.7.2 above, the IWBF CLME at International Events, and the NOWB at National Events, may also select Athletes or teams for Target Testing so long as such Target Testing is not used for any purpose other than legitimate Doping Control purposes.

5.7.4 Athletes shall be selected for Out-of-Competition Testing by the IWBF CLME and by NOWBs through a process that substantially complies with the International Standard for Testing in force at the time of selection.

5.8 NOWBs and the organizing committees for NOWB Events shall provide access to Independent Observers at Events as directed by IWBF.

5.9 An Athlete who is not a regular member of IWBF or one of its NOWBs will not be permitted to compete unless he or she is available for Sample collection and where applicable, he/she provides accurate and up-to-date whereabouts information as part of the IWBF’s Registered Testing Pool at least one month before he or she expects to compete.

ARTICLE 6 ANALYSIS OF SAMPLES

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

6.1 Use of Approved Laboratories

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

6.2 Purpose of Collection and Analysis of Samples

Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code or to assist IF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes.

6.3 Research on Samples

No Sample may be used for any purpose other than as described in Article 6.2 without the Athlete's written consent.  Samples used (with the Athlete’s consent) for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced back to a particular Athlete.

6.4 Standards for Sample Analysis and Reporting

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

6.5 Retesting Samples

A Sample may be reanalyzed for the purposes described in Article 6.2 at any time exclusively at the direction of IWBF or WADA. The circumstances and conditions for retesting Samples shall conform with the requirements of the International Standard for Laboratories.

ARTICLE 7 RESULTS MANAGEMENT

7.1 Results Management for Tests Initiated by IWBF

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

7.1.1 The results from all analyses must be sent to IWBF in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in confidentiality and in conformity with ADAMS, a database management tool developed by WADA. ADAMS is consistent with data privacy statutes and norms applicable to WADA and other organisations using it.

7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the CLME shall conduct a review to determine whether:  (a) the Adverse Analytical Finding is consistent with an applicable TUE, or (b) there is any apparent departure from the

International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.

7.1.3 In the following circumstances:  (a) The Adverse Analytical Finding is for a Glucocorticosteroid, formoterol, salbutamol, salmeterol or terbutaline; and  (b)    The Sample in question was provided by an Athlete who is not in IWBF’s Registered Testing Pool, during his/her participation in an International Event for which (in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions and Article 4.4.3 of these Anti-Doping Regulations IF does not require a TUE for asthma medication in advance;   then, before the matter is referred to the CLME under Article 7.1, the Athlete shall be given an opportunity to apply to the TUE Committee for a Retroactive TUE in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions.  The result of that application shall be forwarded to the CLME for consideration in its review of the Adverse Analytical Finding under Article 7.1.2.

7.1.4 If the initial review of an Adverse Analytical Finding under Article 7.1.2 does not reveal an applicable TUE, or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, IWBF shall promptly notify the Athlete of:  (a) the Adverse Analytical Finding; (b) the anti-doping regulation violated; (c) the Athlete's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories) if the Athlete or IWBF chooses to request an analysis of the B Sample;  (e) the opportunity for the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis at the scheduled date, time and place if such analysis is requested; and (f) the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories. IWBF shall also notify the Athlete’s National Anti-Doping Organisation and WADA. If IWBF decides not to bring forward the Adverse Analytical Finding as an anti-doping regulation violation, it shall so notify the Athlete, the Athlete’s National Anti-Doping Organisation and WADA.

7.1.5 Where requested by the Athlete or IWBF, arrangements shall be made for Testing the B Sample within the time period specified in the International Standard for Testing.  An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis.  IWBF may nonetheless elect to proceed with the B Sample analysis.

7.1.6 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample within the time period specified in the International

Standard for Laboratories (at their own cost). Also a representative of the Athlete's NOWB as well as a representative of IWBF shall be allowed to be present.

7.1.7 If the B Sample proves negative, then (unless IWBF takes the case forward as an anti-doping regulation violation under Article 2.2) the entire test shall be considered negative and the Athlete, his NOWB, and IWBF shall be so informed.

7.1.8 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his NOWB, IWBF, and to WADA.

7.1.9 For apparent anti-doping regulation violations that do not involve Adverse Analytical Findings, IWBF shall conduct any necessary follow-up investigation and, at such time as it is satisfied that an anti-doping regulation violation has occurred, it shall then promptly notify the Athlete of the anti-doping regulation which appears to have been violated, and the basis of the violation.

7.2 Results Management for Atypical Findings

7.2.1 As provided in the International Standards, in certain circumstances laboratories are directed to report the presence of Prohibited Substances that may also be produced endogenously as Atypical Findings that should be investigated further.

7.2.2 If a laboratory reports an Atypical Finding in respect of a Sample collected from an Athlete by or on behalf of IWBF, the CLME shall conduct a review to determine whether:  (a) the Atypical Finding is consistent with an applicable TUE that has been granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Analytical Finding.

7.2.3 If the initial review of an Atypical Finding under Article 7.2.2 reveals an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, his NOWB, and IWBF shall be so informed.

7.2.4 If the initial review of an Atypical Finding under Article 7.2.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, IWBF shall conduct the follow-up investigation required by the International Standards.  If, once that investigation is completed, it is concluded that the Atypical Finding should be considered an Adverse Analytical Finding, the IWBF shall pursue the matter in accordance with Article 7.1.3.

7.2.5 IWBF will not provide notice of an Atypical Finding until it has completed its investigation and has decided whether it will bring the Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists:

(a) If IWBF determines the B Sample should be analyzed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 7.1.3(c) to (f).

(b) If IWBF receives a request, either from a Major Event Organisation shortly before one of its International Events or from a sports organisation responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided but the Major Event Organisation or sports organisation has a pending Atypical Finding, IWBF shall so identify any such Athlete after first providing notice of the Atypical Finding to the Athlete.

7.3 Results Management for Tests Initiated During Other International Events

Results management and the conduct of hearings from a test by the International Olympic Committee, the International Paralympic Committee, or a Major Event Organisation, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by IWBF.

7.4 Results Management for Tests initiated by NOWBs

Results management conducted by NOWBs shall be consistent with the general principles for effective and fair results management which underlie the detailed provisions set forth in Article 7.  Results of all Doping Controls shall be reported to IF and to WADA within 14 days of the conclusion of the NOWB's results management process.  Any apparent anti-doping regulation violation by an Athlete who is a member of that NOWB shall be promptly referred to an appropriate hearing panel established pursuant to the regulations of the NOWB or national law.  Apparent anti-doping regulation violations by Athletes who are members of another NOWB shall be referred to the other NOWB for hearing.

7.5 Results Management for Whereabouts Violations

7.5.1 Results management in respect of an apparent Filing Failure by an Athlete in IWBF’s Registered Testing Pool shall be conducted by IWBF in accordance with Article 11.6.2 of the International Standard for Testing (unless it has been agreed in accordance with Article 5.5.4 that the NOWB or National Anti-Doping Organisation shall take such responsibility).

7.5.2 Results management in respect of an apparent Missed Test by an Athlete in IWBF’s Registered Testing Pool as a result of an attempt to test the Athlete by or on behalf of IWBF shall be conducted by IWBF in accordance with Article 11.6.3 of the International Standard for Testing. Results management in respect of an apparent Missed Test by such Athlete as a result of an attempt to test the Athlete by or on behalf of another Anti-Doping Organisation shall be conducted by that other Anti-Doping Organisation in accordance with Article 11.7.6(c) of the International Standard for Testing.

7.5.3 Where, in any eighteen-month period, an Athlete in IWBF’s Registered Testing Pool is declared to have three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, whether under these Anti-Doping Regulations or under the regulations of any other Anti-Doping Organisation, IWBF shall bring them forward as an apparent anti-doping regulation violation.

7.6 Provisional Suspensions

7.6.1 If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, IWBF shall Provisionally Suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping regulation violation.

7.6.2 In any case not covered by Article 7.6.1 where IWBF decides to take the matter forward as an apparent anti-doping regulation violation in accordance with the foregoing provisions of this Article 7, the IWBF Executive Council, after consultation with the CLME, may provisionally suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping regulation violation.

7.6.3 Where a Provisional Suspension is imposed, whether pursuant to Article 7.6.1 or Article 7.6.2, the Athlete shall be given either (a) an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 (Right to a Fair Hearing) on a timely basis after imposition of a Provisional Suspension.  NOWBs shall impose Provisional Suspensions in accordance with the principles set forth in this Article 7.6.

7.6.4 If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and any  subsequent analysis of the B Sample analysis does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1 of the Code (Presence of a Prohibited Substance or its Metabolites or Markers). In circumstances where the Athlete or the Athlete's team if applicable, has been removed from a Competition based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without otherwise affecting the Competition, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Competition.   7.7 Retirement from Sport   If an Athlete or other Person retires while a results management process is underway, IWBF retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and IWBF would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping regulation violation, IWBF has jurisdiction to conduct results management.

ARTICLE 8 RIGHT TO A FAIR HEARING

8.1   Hearings arising out of IWBF Testing or Tests at International Events   8.1.1 The IWBF Executive shall appoint a standing panel consisting of a Chair and six other experts with experience in anti-doping ("IWBF Doping Hearing Panel").  The Chair shall be a lawyer.  Each panel member shall be otherwise independent of the IWBF Executive Council. Each panel member shall serve a term of four years. 8.1.2 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Regulations have been violated in connection with IWBF Testing or Testing at an International Event then the case shall be assigned to the IWBF Doping Hearing Panel for adjudication. 8.1.3 The Chair of the IWBF Doping Hearing Panel shall appoint three members from the panel (which may include the Chair) to hear each case.  At least one appointed member shall be a lawyer.  The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Athlete or other Person alleged to have violated these Anti-Doping Regulations. 8.1.4 Hearings pursuant to this Article shall be completed expeditiously following the completion of the results management process described in Article 7.  Hearings held in connection with Events may be conducted on an expedited basis. 8.1.5 The NOWB of the Athlete or other Person alleged to have violated these Anti-Doping Regulations may attend the hearing as an observer. 8.1.6 IWBF shall keep WADA fully apprised as to the status of pending cases and the result of all hearings. 8.1.7 An Athlete or other Person may forego a hearing by acknowledging the Anti-Doping Regulation violation and accepting Consequences consistent with Articles 9 and 10 as proposed by IWBF. The right to a hearing may be waived either expressly or by the Athlete’s or other Person’s failure to challenge IWBF’s assertion that an anti-doping regulation violation has occurred within 24 hours. Where no hearing occurs, IWBF shall submit to the persons described in Article 13.2.3 a reasoned decision explaining the action taken. 8.1.8 Decisions of the IWBF Doping Hearing Panel may be appealed to Court of Arbitration for Sport as provided in Article 13. 8.2 Hearings Arising Out of National Testing

8.2.1 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Regulations have been violated in connection with Testing other than in connection with IWBF Testing or Testing at an International Event, the Athlete or other Person involved shall be brought before a disciplinary panel of the Athlete or other Person's NOWB for a hearing to adjudicate whether a violation of these Anti-Doping Regulations occurred and if so what Consequences should be imposed. 8.2.2 Hearings pursuant to this Article 8.2 shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Article 7.  Hearings held in connection with Events may be conducted by an expedited process.  If the completion of the hearing is delayed beyond three months, IWBF may elect to bring the case directly before the IWBF Doping Hearing Panel at the responsibility and at the expense of the NOWB.   8.2.3 NOWBs shall keep IWBF and WADA fully apprised as to the status of pending cases and the results of all hearings. 8.2.4 IWBF and WADA shall have the right to attend hearings as an observer. 8.2.5 The Athlete or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Regulations and accepting Consequences consistent with Articles 9 and 10 as proposed by the NOWB. The right to a hearing may be waived either expressly or by the Athlete’s or other Person’s failure to challenge the NOWB’s assertion that an anti-doping regulation violation has occurred within forty eight (48) hours. Where no hearing occurs, the NOWB shall submit to the persons described in Article 13.2.3 a reasoned decision explaining the action taken. 8.2.6 Decisions by NOWBs, whether as the result of a hearing or the Athlete or other Person's acceptance of Consequences, may be appealed as provided in Article 13. 8.2.7 Hearing decisions by the NOWB shall not be subject to further administrative review at the national level except as provided in Article 13 or required by applicable national law.

8.3 Principles for a Fair Hearing All hearings pursuant to either Article 8.1 or 8.2 shall respect the following principles:

• a timely hearing;

• fair and impartial hearing panel;

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

• the right to be informed in a fair and timely manner of the asserted anti-doping regulation violation;

• the right to respond to the asserted anti-doping regulation violation and resulting Consequences;

• the right of each party to present evidence, including the right to call and question witnesses (subject to the hearing panel's discretion to accept testimony by telephone or written submission);

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

• a timely, written, reasoned decision, specifically including an explanation of the reason(s) for any period of Ineligibility.

ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

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

ARTICLE 10 SANCTIONS ON INDIVIDUALS

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

An Anti-Doping Regulation violation occurring during or in connection with an Event may lead to Disqualification of all of the Athlete's individual results obtained in that Event with all consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1.

10.1.1 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competition shall not be Disqualified unless the Athlete's results in Competition other than the Competition in which the anti-doping regulation violation occurred were likely to have been affected by the Athlete's anti-doping regulation violation.

10.2 Ineligibility for Presence, Use or Attempted Use, or Possession of Prohibited Substances and Prohibited Methods

The period of Ineligibility imposed for a violation of Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) or Article 2.6 (Possession of Prohibited Substances and Methods) shall be as follows, unless the conditions for eliminating or reducing the period of Ineligibility, as provided in Articles 10.4 and 10.5, or the conditions for increasing the period of Ineligibility, as provided in Article 10.6, are met:

First violation:  Two (2) years' Ineligibility.

10.3 Ineligibility for Other Anti-Doping Regulation Violations

The period of Ineligibility for violations of these Anti-Doping Regulations other than as provided in Article 10.2 shall be as follows:

10.3.1 For violations of Article 2.3 (refusing or failing to submit to Sample collection) or Article 2.5 (Tampering with Doping Control), the Ineligibility period shall be two (2) years unless the conditions provided in Article 10.5, or the conditions provided in Article 10.6, are met.

10.3.2 For violations of Article 2.7 (Trafficking) or Article 2.8 (Administration of Prohibited Substance or Prohibited Method), the period of Ineligibility imposed shall be a minimum of four (4) years up to lifetime Ineligibility unless the conditions provided in Article 10.5 are met.  An anti-doping regulation violation involving a Minor shall be considered a particularly serious violation, and, if committed by Athlete Support Personnel for violations other than Specified Substances shall result in lifetime Ineligibility for such Athlete Support Personnel.  In addition, significant violations of such Articles which also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.

10.3.3 For violations of Article 2.4 (Filing Failures and/ or Missed Tests), the period of Ineligibility shall be at a minimum one (1) year and at a maximum two (2) years based on the Athlete’s degree of fault.

10.4  Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances

Where an Athlete or other Person can establish how a Specified Substance entered his or her body or came into his or her possession and that such Specified Substance was not intended to enhance the Athlete’s sport performance or mask the use of a performance-enhancing substance, the period of Ineligibility found in Article 10.2 shall be replaced with the following:  First violation: At a minimum, a reprimand and no period of Ineligibility from future Events, and at a maximum, two (2) years of Ineligibility.  To justify any elimination or reduction, the Athlete or other Person must produce corroborating evidence in addition to his or her word which establishes to the comfortable satisfaction of the hearing panel the absence of an intent to enhance sport performance or mask the use of a performance enhancing substance. The Athlete or other Person’s degree of fault shall be the criterion considered in assessing any reduction of the period of Ineligibility.

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

10.5.1 No Fault or Negligence

If an Athlete establishes in an individual case that he or she bears No Fault or Negligence, the otherwise applicable period of Ineligibility shall be eliminated. When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Sample in violation of Article 2.1 (presence of Prohibited Substance), the Athlete must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility eliminated.  In the event this Article is applied and the period of Ineligibility otherwise applicable is eliminated, the anti-doping regulation violation shall not be considered a violation for the

limited purpose of determining the period of Ineligibility for multiple violations under Article 10.7.

10.5.2 No Significant Fault or Negligence

If an Athlete or other Person establishes in an individual case that he or she bears No Significant Fault or Negligence, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable.  If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than 8 years.  When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Sample in violation of Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers), the Athlete must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility reduced.

10.5.3 Substantial Assistance in Discovering or Establishing Anti-Doping Regulation Violations

The CLME may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organisation, criminal authority or professional disciplinary body which results in the Anti-Doping Organisation discovering or establishing an anti-doping regulation violation by another Person or which results in a criminal or disciplinary body discovering or establishing a criminal offense or the breach of professional regulations by another Person. After a final appellate decision under Article 13 or the expiration of time to appeal, IWBF may only suspend a part of the applicable period of Ineligibility with the approval of WADA. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping regulation violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than 8 years. If IWBF suspends any part of the period of Ineligibility under this Article, it shall promptly provide a written justification for its decision to each Anti-Doping Organisation having a right to appeal the decision. If IWBF subsequently reinstates any part of the suspended period of Ineligibility because the Athlete or other Person has failed to provide the Substantial Assistance which was anticipated, the Athlete or other Person may appeal the reinstatement pursuant to Article 13.2.

10.5.4 Admission of an Anti-Doping Regulation Violation in the Absence of Other Evidence

Where an Athlete or other Person voluntarily admits the commission of an anti-doping regulation violation before having received notice of a Sample collection which could establish an anti-doping regulation violation (or, in the case of an anti-doping regulation violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.  10.5.5 Where an Athlete or Other Person Establishes Entitlement to Reduction in Sanction under More than One Provision of this Article  Before applying any reductions under Articles 10.5.2, 10.5.3 or 10.5.4, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4 and 10.6. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under two or more of Articles 10.5.2, 10.5.3 or 10.5.4, then the period of Ineligibility may be reduced or suspended, but not below one-quarter of the otherwise applicable period of Ineligibility.

10.6 Aggravating Circumstances Which May Increase the Period of Ineligibility

If IWBF establishes in an individual case involving an anti-doping regulation violation other than violations under Article 2.7 (Trafficking) and 2.8 (Administration) that aggravating circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased up to a maximum of four years unless the Athlete or other Person can prove to the comfortable satisfaction of the hearing panel that he did not knowingly violate the anti-doping regulation.

An Athlete or other Person can avoid the application of this Article by admitting the anti-doping regulation violation as asserted promptly after being confronted with the anti-doping regulation violation by IWBF.

10.7 Multiple Violations

10.7.1 Second Anti-Doping Regulation Violation  For an Athlete’s or other Person’s first anti-doping regulation violation, the period of Ineligibility is set forth in Articles 10.2 and 10.3 (subject to elimination, reduction or suspension under Articles 10.4 or 10.5, or to an increase under Article 10.6). For a second anti-doping regulation violation the period of Ineligibility shall be within the range set forth in the table below.

Second Violation First Violation	RS	FFMT	NSF	St	AS	TRA
RS	1 - 4	2 - 4	2 - 4	4 - 6	8 - 10	10 - life
FFMT	1 - 4	4 - 8	4 - 8	6 - 8	10 - life	life
NSF	1 - 4	4 - 8	4 - 8	6 - 8	10 - life	life
St	2 - 4	6 - 8	6 - 8	8 - life	life	life
AS	4 - 5	10 - life	10 - life	life	life	life
TRA	8 - life	life	life	life	life	life

Definitions for purposes of the second anti-doping regulation violation table:

RS (Reduced sanction for Specified Substance under Article 10.4): The anti-doping regulation violation was or should be sanctioned by a reduced sanction under Article 10.4 because it involved a Specified Substance and the other conditions under Article 10.4 were met.

FFMT (Filing Failures and/or Missed Tests): The anti-doping regulation violation was or should be sanctioned under Article 10.3.3 (Filing Failures and/or Missed Tests).

NSF (Reduced sanction for No Significant Fault or Negligence): The anti-doping regulation violation was or should be sanctioned by a reduced sanction under Article 10.5.2 because No Significant Fault or Negligence under Article 10.5.2 was proved by the Athlete.

St (Standard sanction under Articles 10.2 or 10.3.1): The anti-doping regulation violation was or should be sanctioned by the standard sanction of two years under Article 10.2 or 10.3.1.

AS (Aggravated sanction): The anti-doping regulation violation was or should be sanctioned by an aggravated sanction under Article 10.6 because the Anti-Doping Organisation established the conditions set forth under Article 10.6.

TRA (Trafficking or Attempted Trafficking and administration or Attempted administration): The anti-doping regulation violation was or should be sanctioned by a sanction under Article 10.3.2.

10.7.2 Application of Articles 10.5.3 and 10.5.4 to Second Anti-Doping Regulation Violation  Where an Athlete or other Person who commits a second anti-doping regulation violation establishes entitlement to suspension or reduction of a portion of the period of Ineligibility under Article 10.5.3 or Article 10.5.4, the hearing panel shall first determine the otherwise applicable period of Ineligibility within the range established in the table in Article 10.7.1, and then apply the appropriate suspension or reduction of the period of Ineligibility. The remaining period of Ineligibility, after applying any suspension or reduction under Articles 10.5.3 and 10.5.4, must be at least one-fourth of the otherwise applicable period of Ineligibility.

10.7.3 Third Anti-Doping Regulation Violation  A third anti-doping regulation violation will always result in a lifetime period of Ineligibility, except if the third violation fulfils the condition for elimination or reduction of the period of Ineligibility under Article 10.4 or involves a violation of Article 2.4 (Filing Failures and/or and Missed Tests). In these particular cases, the period of Ineligibility shall be from eight (8) years to life ban.

10.7.4 Additional Regulations for Certain Potential Multiple Violations

• For purposes of imposing sanctions under Article 10.7, an anti-doping regulation violation will only be considered a second violation if IWBF (or its NOWB) can establish that the Athlete or other Person committed the second anti-doping regulation violation after the Athlete or other Person received notice pursuant to Article 7 (Results Management), or after IWBF (or its NOWB) made reasonable efforts to give notice, of the first anti-doping regulation violation; if the IWBF  (or its NOWB) cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction; however, the occurrence of multiple violations may be considered as a factor in determining Aggravating Circumstances (Article 10.6).

• If, after the resolution of a first anti-doping regulation violation, IWBF discovers facts involving an anti-doping regulation violation by the Athlete or other Person which occurred prior to notification regarding the first violation, then IWBF shall impose an additional sanction based on the sanction that could have been imposed if the two violations would have been adjudicated at the same time. Results in all Competitions dating back to the earlier anti-doping regulation violation will be Disqualified as provided in Article 10.8. To avoid the possibility of a finding of Aggravating Circumstances (Article 10.6) on account of the earlier-in-time but later-discovered violation, the Athlete or other Person must voluntarily admit the earlier anti-doping regulation violation on a timely basis after notice of the violation for which he or she is first charged. The same regulation shall also apply when IWBF discovers facts involving another prior violation after the resolution of a second anti-doping regulation violation.

10.7.5 Multiple Anti-Doping Regulation Violations during an Eight-Year Period  For purposes of Article 10.7, each anti-doping regulation violation must take place within the same eight (8) year period in order to be considered multiple violations.

10.8  Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti-Doping Regulation Violation

In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other anti-doping regulation violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

10.8.1 As a condition of regaining eligibility after being found to have committed an anti-doping regulation violation, the Athlete must first repay all prize money forfeited under this Article.

10.8.2 Allocation of Forfeited Prize Money.

Forfeited prize money shall be reallocated to other Athletes or Teams.

10.9 Commencement of Ineligibility Period

Except as provided below, the period of Ineligibility shall start on the date of the hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed.

10.9.1 Delays Not Attributable to the Athlete or other Person

Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the Athlete or other Person, the IWBF or Anti-Doping Organisation imposing the sanction may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti-doping regulation violation last occurred.

10.9.2 Timely Admission  Where the Athlete promptly (which, in all events, means before the Athlete competes again) admits the anti-doping regulation violation after being confronted with the anti-doping regulation violation by IWBF, the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping regulation violation last occurred. In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one-half of the period of Ineligibility going forward from the date the Athlete or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is otherwise imposed.

10.9.3 If a Provisional Suspension is imposed and respected by the Athlete, then the Athlete shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed.

10.9.4 If an Athlete voluntarily accepts a Provisional Suspension in writing from IWBF and thereafter refrains from competing, the Athlete shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. A copy of the Athlete’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of a potential anti-doping regulation violation under Article 14.1.

10.9.5 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athlete elected not to compete or was suspended by his or her team.

10.10  Status During Ineligibility

10.10.1 Prohibition against Participation during Ineligibility

No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in an Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by IWBF or any NOWB or a club or other member organisation of IWBF or any NOWB, or in Competitions authorized or organized by any professional league or any international or national level Event organisation.

An Athlete or other Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate in local sport events in a sport other than sports subject to the jurisdictions of IWBF and its NOWBs, but only so long as the local sport event is not at a level that could otherwise qualify such Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event.

An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing.

10.10.2 Violation of the Prohibition of Participation during Ineligibility  Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.10.1, the results of such participation shall be Disqualified and the period of Ineligibility which was originally imposed shall start over again as of the date of the violation. The new period of Ineligibility may be reduced under Article 10.5.2 if the Athlete or other Person establishes he or she bears No Significant Fault or Negligence for violating the prohibition against participation. The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether a reduction under Article 10.5.2 is appropriate, shall be made by IWBF.  10.10.3 Withholding of Financial Support during Ineligibility  In addition, for any anti-doping regulation violation not involving a reduced sanction for Specified Substances as described in Article 10.4, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by IF and its NOWBs.

10.11  Reinstatement Testing

As a condition to regaining eligibility at the end of a specified period of Ineligibility, an Athlete must, during any period of Provisional Suspension or Ineligibility, make him or herself available for Out-of-Competition Testing by IWBF, the applicable NOWB, and any other Anti-Doping Organisation having Testing jurisdiction, and must comply with the whereabouts requirements of Article 11 of the International Standard for Testing.  If an Athlete subject to a period of Ineligibility retires from sport and is removed from Out-of-Competition Testing pools and later seeks reinstatement, the Athlete shall not be eligible for reinstatement until the Athlete has notified IF and the applicable NOWB and has been subject to Out-of-Competition Testing for a period of time equal to the[longer of (a) the period set forth in Article 5.6 and (b) period of Ineligibility remaining as of the date the Athlete had retired.  During such remaining period of Ineligibility, a minimum of 2 tests must be conducted on the Athlete with at least three months between each test.  The NOWB shall be responsible for conducting the necessary tests, but tests by any Anti-Doping Organisation may be used to satisfy the requirement.  The results of such tests shall be reported to IWBF. In addition, immediately prior to the end of the period of Ineligibility, an Athlete must undergo Testing by IWBF for the Prohibited Substances and Methods that are prohibited in Out-of-Competition Testing.  Once the period of an Athlete's Ineligibility has expired, and the Athlete has fulfilled the conditions of reinstatement, then the Athlete will become automatically re-eligible and no application by the Athlete or by the Athlete's NOWB will then be necessary.

10.12  Imposition of Financial Sanctions

Anti-Doping Organisations may, in their own regulations, provide for financial sanctions on account of anti-doping regulation violations. However, no financial sanction may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under the Code.

ARTICLE 11 CONSEQUENCES TO TEAMS

11.1  Where more than one member of a team in wheelchair basketball has been notified of a possible Anti-Doping Regulation violation under Article 7 in connection with an Event, the relevant responsible organ for the Event shall conduct appropriate Target Testing of the team during the Event Period.  If more than two members of a team in wheelchair basketball are found to have committed an Anti-Doping Regulation violation during an Event period, the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competition or Event, or other sanction) in addition to any Consequences imposed upon the individual Athlete(s) committing the Anti-Doping Regulation violation.

ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST NOWBS

12.1 The IWBF Executive Council has the authority to withhold some or all funding or other non financial support to NOWBs that are not in compliance with these Anti-Doping Regulations.

12.3 IWBF may decide to take additional disciplinary action against NOWBs with respect to recognition, the eligibility of its officials and athletes to participate in International Events and fines based on the following:

12.3.1 Four or more violations of these Anti-Doping Regulations (other than violations involving Articles 2.4 and 10.3) are committed by Athletes or other Persons affiliated with a NOWB within a 12-month period in testing conducted by IWBF or Anti-Doping Organisations other than the NOWB or its National Anti-Doping Organisation.  In such event the IWBF may at its discretion elect to:  (a)  ban all officials from that NOWB for participation in any IWBF activities for a period of up to two years and/or (b) fine the NOWB in an amount up to $500 U.S. Dollars. (For purposes of this Regulation, any fine paid pursuant to Regulation 12.3.2 shall be credited against any fine assessed.)

12.3.1.1 If four or more violations of these Anti-Doping Regulations (other than violations involving Articles 2.4 and 10.3) are committed in addition to the violations described in Article 12.3.1 by Athletes or other Persons affiliated with a NOWB within a 12-month period in testing conducted by IWBF or Anti-Doping Organisations other than the NOWB or its National Anti-Doping Organisation, then the IWBF may suspend that NOWB’s membership for a period of up to 4 years.

12.3.2 More than one Athlete or other Person from a NOWB commits an Anti-Doping Regulation violation during an International Event.  In such event IWBF may fine that NOWB in an amount up to $750 U.S. Dollars.

12.3.3  A NOWB has failed to make diligent efforts to keep IWBF informed about an Athlete's whereabouts after receiving a request for that information from IWBF.  In such event, the IWBF may fine the NOWB in an amount up to USD 500 per Athlete in addition to all of IWBF costs incurred in Testing that NOWB's Athletes.

ARTICLE 13 APPEALS

13.1 Decisions Subject to Appeal

Decisions made under these Anti-Doping Regulations may be appealed as set forth below in Article 13.2 through 13.4 or as otherwise provided in these Anti-Doping Regulations. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.  Before an appeal is commenced, any post-decision review authorized in these regulations must be exhausted (except as provided in Article 13.1.1).

13.1.1 WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the IWBF or its NOWB’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the IWBF or its NOWB’s process.

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

A decision that an anti-doping regulation violation was committed, a decision imposing Consequences for an anti-doping regulation violation, or a decision that no anti-doping regulation violation was committed; a decision that an anti-doping regulation violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision under Article 10.10.2 (prohibition of participation during Ineligibility); a decision that the IWBF or its NOWB lacks jurisdiction to regulation on an alleged anti-doping regulation violation or its Consequences; a decision by any NOWB not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping regulation violation, or a decision not to go forward with an anti-doping regulation violation after an investigation under Article 7.4; and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Article 7.4 may be appealed exclusively as provided in this Article 13.2.  Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.

13.2.1 Appeals Involving International-Level Athletes

In cases arising from competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court.

13.2.2 Appeals Involving National-Level Athletes

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

13.2.3 Persons Entitled to Appeal

In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS:

(a) the Athlete or other Person who is the subject of the decision being appealed;

(b) the other party to the case in which the decision was rendered;

(c) IWBF and any other Anti-Doping Organisation under whose regulations a sanction could have been imposed;

(d) the International Paralympic Committee, where the decision may have an effect in relation to the Paralympic Games, including decisions affecting eligibility for the Paralympic Games; and

(e) WADA.

In cases under Article 13.2.2, the parties having the right to appeal to the national-level reviewing body shall be as provided in the NOWB's regulations but, at a minimum, shall include the following parties:

(a) the Athlete or other Person who is the subject of the decision being appealed;

(b) the other party to the case in which the decision was rendered;

(c) IWBF; and

(d) WADA.

For cases under Article 13.2.2, WADA and IWBF shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body.

13.3 Failure to Render a Timely Decision by IWBF and its NOWBs

Where, in a particular case, IWBF or its NOWBs fail to render a decision with respect to whether an anti-doping regulation violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if IWBF or its NOWBs had rendered a decision finding no anti-doping regulation violation. If the CAS panel determines that an anti-doping regulation violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorneys fees in prosecuting the appeal shall be reimbursed to WADA by IWBF or its NOWBs.

13.4  Appeals from Decisions Granting or Denying a Therapeutic Use Exemption

Decisions by WADA reversing the grant or denial of a TUE may be appealed exclusively to CAS by the Athlete, IWBF, or National Anti-Doping Organisation or other body designated by a NOWB which granted or denied the exemption.  Decisions to deny TUE’s, and which are not reversed by WADA, may be appealed by International-Level Athletes to CAS and by other Athletes to the national level reviewing body described in Article 13.2.2.  If the national level reviewing body reverses the decision to deny a TUE, that decision may be appealed to CAS by WADA.

When IWBF, National Anti-Doping Organisations or other bodies designated by NOWBs fail to take action on a properly submitted TUE application within a reasonable time, their failure to decide may be considered a denial for purposes of the appeal rights provided in this Article.

13.5 Appeal from Decisions Pursuant to Article 12

Decisions by IWBF pursuant to Article 12 may be appealed exclusively to CAS by the NOWB.

13.6 Time for Filing Appeals

The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal:

a)  Within ten (10) days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied; b)  If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS. The above notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of:  (a) Twenty-one (21) days after the last day on which any other party in the case could have appealed, or

(b) Twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.

ARTICLE 14 NOWBS’ INCORPORATION OF IWBF REGULATIONS, REPORTING AND RECOGNITION

14.1 Incorporation of IWBF Anti-Doping Regulations

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

14.2 Statistical Reporting

14.2.1 NOWBs shall report to IWBF by December 31st of each year, results of all Doping Controls within their jurisdiction sorted by Athlete and identifying each date on which the Athlete was tested, the entity conducting the test, and whether the test was In-Competition or Out-of-Competition.  IWBF may periodically publish Testing data received from NOWBs as well as comparable data from Testing under IWBF's jurisdiction.

14.2.2 IWBF shall publish annually a general statistical report of its Doping Control activities during the calendar year with a copy provided to WADA.

14.3 Doping Control Information Clearinghouse

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

14.4 Public Disclosure

14.4.1 Neither IWBF nor its NOWB shall publicly identify Athletes whose Samples have resulted in Adverse Analytical Findings, or who were alleged to have violated other Articles of these Anti-Doping Regulations until it has been determined in a hearing in accordance with Article 8 that an anti-doping regulation violation has occurred, or such hearing has been waived, or the assertion of an anti-doping regulation violation has not been timely challenged . Once a violation of these Anti-Doping Regulations has been established, it shall be publicly reported within 20 days. IWBF or its NOWB must also report within 20 days appeal decisions on an anti-doping regulation violation. IWBF or its NOWB shall also, within the time period for publication, send all hearing and appeal decisions to WADA.

14.4.2 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping regulation violation, the decision may be disclosed publicly only with the consent of the Athlete or other Person who is the subject of the decision. IWBF or its NOWB shall use reasonable efforts to obtain such consent, and if consent is obtained, shall publicly disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.    14.4.3 Neither IWBF nor its NOWB or WADA accredited laboratory, or official of either, shall publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete, other Person or their representatives.

14.5 Recognition of Decisions by IWBF and NOWBs

Any decision of IWBF or a NOWB regarding a violation of these Anti-Doping Regulations shall be recognized by all NOWBs, which shall take all necessary action to render such results effective.

ARTICLE 15 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS

Subject to the right to appeal provided in Article 13, the Testing, TUE’s and hearing results or other final adjudications of any Signatory to the Code which are consistent with the Code and are within the Signatory’s authority, shall be recognized and respected by IWBF and its NOWBs. IWBF and its NOWBs may recognize the same actions of other bodies which have not accepted the Code if the regulations of those bodies are otherwise consistent with the Code.

ARTICLE 16 STATUTE OF LIMITATIONS

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

ARTICLE 17 IWBF COMPLIANCE REPORTS TO WADA

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

ARTICLE 18 AMENDMENT AND INTERPRETATION OF ANTI-DOPING REGULATIONS

 

18.1 These Anti-Doping Regulations may be amended from time to time by the IWBF Executive Council.

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

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

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

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

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

18.7 These Anti-Doping Regulations shall come into full force and effect on 1 January 2009 (the “Effective Date”).  They shall not apply retrospectively to matters pending before the Effective Date; provided, however, that:

18.7.1 Any case pending prior to the Effective Date, or brought after the Effective Date based on an anti-doping regulation violation that occurred prior to the Effective Date, shall be governed by the predecessor to these Anti-Doping Regulations in force at the time of the anti-doping regulation violation, subject to any application of the principle of lex mitior by the hearing panel determining the case.

18.7.2 Any Article 2.4 whereabouts violation (whether a filing failure or a missed test) declared by IWBF under regulations in force prior to the Effective Date that has not expired prior to the Effective Date and that would qualify as a whereabouts violation under Article 11 of the International Standard for Testing shall be carried forward and may be relied upon, prior to expiry, as one of the three Filing Failures and/or Missed Tests giving rise to an anti-doping regulation violation under Article 2.4 of these Anti-Doping Regulations.

a. a filing failure that is carried forward in this manner may only be combined with (post-Effective Date) Filing Failures;

b. a missed test that is carried forward in this manner may only be combined with (post-Effective Date) Missed Tests; and

c. a filing failure or missed test declared by any Anti-Doping Organisation other than IWBF and a NOWB prior to the Effective Date may not be combined with any Filing Failure or Missed Test declared under these Anti-Doping Regulations.

18.7.3 Where a period of Ineligibility imposed by IWBF under regulations in force prior to the Effective Date has not yet expired as of the Effective Date, the Person who is Ineligible may apply to IWBF for a reduction in the period of Ineligibility in light o the amendments made to the Code as from the Effective Date.  To be valid, such application must be made before the period of Ineligibility has expired.

18.7.4 Subject always to Article 10.7.5, anti-doping regulation violations committed under regulations in force prior to the Effective Date shall be taken into account as prior offences for purposes of determining sanctions under Article 10.7.  Where such pre-Effective Date anti-doping regulation violation involved a substance that would be treated as a Specified Substance under these Anti-Doping Regulations, for which a period of Ineligibility of less than two years was imposed, such violation shall be considered a Reduced Sanction violation for purposes of Article 10.7.1.

APPENDIX 1 - DEFINITIONS

Adverse Analytical Finding.  A report from a laboratory or other approved Testing entity that identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method.

Anti-Doping Organisation. A Signatory that is responsible for adopting regulations for initiating, implementing or enforcing any part of the Doping Control process.  This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organisations that conduct Testing at their Events, WADA, NOWBs, and National Anti-Doping Organisations.

Athlete. Any Person who participates in sport at the international level (as defined by IWBF), the national level (as defined by each National Anti-Doping Organisation, including but not limited to those Persons in its Registered Testing Pool), and any other competitor in sport who is otherwise subject to the jurisdiction of any Signatory or other sports organisation accepting the Code. All provisions of the Code, including, for example, Testing, and TUE’s must be applied to international and national-level competitors. Some National Anti-Doping Organisations may elect to test and apply anti-doping regulations to recreational-level or masters competitors who are not current or potential national caliber competitors. National Anti-Doping Organisations are not required, however, to apply all aspects of the Code to such Persons. Specific national regulations may be established for Doping Control for non-international-level or national-level competitors without being in conflict with the Code. Thus, a country could elect to test recreational-level competitors but not require TUE’s or whereabouts information. In the same manner, a Major Event Organisation holding an Event only for masters-level competitors could elect to test the competitors but not require advance TUE or whereabouts information. For purposes of Article 2.8 (Administration or Attempted Administration) and for purposes of anti-doping information and education, any Person who participates in sport under the authority of any Signatory, government, or other sports organisation accepting the Code is an Athlete.

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

Attempt.  Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping regulation violation.  Provided, however, there shall be no anti-doping regulation violation based solely on an Attempt to commit a violation if the Person renunciates the attempt prior to it being discovered by a third party not involved in the Attempt.

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

CAS. The Court of Arbitration for Sport.

Code.  The World Anti-Doping Code.

CLME.  The body responsible on behalf of the International Wheelchair Basketball Federation for matters regarding to, but not limited to, all matters with regard to Anti-doping.

Competition.  A single race, match, game or singular athletic contest.  For example, a wheelchair basketball game or the finals of the Olympic 100-meter dash in athletics.  For stage races and other athletic contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the regulations of the applicable International Federation.

Consequences of anti-doping regulation violations. An Athlete's or other Person's violation of an anti-doping regulation may result in one or more of the following:

(a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting consequences including forfeiture of any medals, points and prizes;

(b) Ineligibility means the Athlete or other Person is barred for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.9; and

(c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition prior to the final decision at a hearing conducted under Article 8 (Right to a Fair Hearing).

Disqualification.  See Consequences of anti-doping regulation violations, above.

Doping Control. All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, sample collection and handling, laboratory analysis, TUE’s, results management and hearings.

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

Event Period. The time between the beginning and end of an Event, as established by the ruling body of the Event.

In-Competition. Unless provided otherwise in the regulations of the IWBF or other relevant Anti-Doping Organisation, “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.

Independent Observer Program. A team of observers, under the supervision of WADA, who observe and may provide guidance on the Doping Control process at certain Events and report on their observations.

Individual Sport. Any sport that is not a Team Sport.

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

International Event.  An Event where, the International Paralympic Committee, the IWBF, a Major Event Organisation, or another international sport organisation is the ruling body for the Event or appoints the technical officials for the Event.

International-Level Athlete.  Athletes designated by one or more International Federations as being within the Registered Testing Pool for an International Federation.

International Standard. A standard adopted by WADA in support of the Code.  Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical Documents issued pursuant to the International Standard.

International Wheelchair Basketball Federation (IWBF). The International Governing Body responsible for wheelchair basketball in the world.

Major Event Organisations.  The continental associations of National Olympic or Paralympic Committees and other international multi-sport organisations that function as the ruling body for any continental, regional or other International Event.

Marker.  A compound, group of compounds or biological parameter(s) that indicates the Use of a Prohibited Substance or Prohibited Method.

Metabolite.  Any substance produced by a biotransformation process.

Minor.  A natural Person who has not reached the age of majority as established by the applicable laws of his or her country of residence.

National Anti-Doping Organisation.  The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping regulations, direct the collection of Samples, the management of test results, and the conduct of hearings, all  at the national level. This includes an entity which may be designated by multiple countries to serve as regional Anti-Doping Organisation for such countries. If this designation has not been made by the competent public authority(ies), the entity shall be the country's National Olympic Committee or its designee.

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

NOWB (National Organization for Wheelchair Basketball).  A national entity which is a member of or is recognised by the International Wheelchair Basketball Federation as the entity governing wheelchair basketball in that nation.

National Olympic Committee. The organisation recognized by the International Olympic Committee.  The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area.

National Paralympic Committee. The organisation recognized by the International Paralympic Committee.  The term National Paralympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Paralympic Committee responsibilities in the anti-doping area.

No Advance Notice.  A Doping Control which takes place with no advance warning to the Athlete and where the Athlete is continuously chaperoned from the moment of notification through Sample provision.

No Fault or Negligence.  The Athlete's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method.

No Significant Fault or Negligence. The Athlete's establishing that his or her fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping regulation violation.

Out-of-Competition. Any Doping Control which is not In-Competition.

Participant.  Any Athlete or Athlete Support Personnel.

Person.  A natural Person or an organisation or other entity.

Possession.  The actual, physical possession, or the constructive possession (which shall be found only if the person has exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists); provided, however, that if the person does not have exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance/Method and intended to exercise control over it.  Provided, however, there shall be no anti-doping regulation violation based solely on possession if, prior to receiving notification of any kind that the Person has committed an anti-doping regulation violation, the Person has taken concrete action demonstrating that the Person never intended to have possession and has renounced possession by explicitly declaring it to an Anti-Doping Organisation. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes possession by the Person who makes the purchase.

Prohibited List.  The List identifying the Prohibited Substances and Prohibited Methods.

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

Prohibited Substance.  Any substance so described on the Prohibited List.

Provisional Hearing.  For purposes of Article 7.6, an expedited abbreviated hearing occurring prior to a hearing under Article 8 (Right to a Fair Hearing) that provides the Athlete with notice and an opportunity to be heard in either written or oral form.

Provisional Suspension.  See Consequences above.

Publicly Disclose or Publicly Report.  To disseminate or distribute information to the general public or persons beyond those persons entitled to earlier notification in accordance with Article 14.

Registered Testing Pool.  The pool of top level Athletes established separately by the IWBF and the National Anti-Doping Organisation who are subject to both In-Competition and Out-of-Competition Testing as part of the IWBF’s  or National Anti-Doping Organisation's test distribution plan.

Retroactive TUE. As defined in the International Standard for Therapeutic Use Exemptions.

Sample.  Any biological material collected for the purposes of Doping Control.

Signatories.  Those entities signing the Code and agreeing to comply with the Code, including the International Olympic Committee, IWBF, International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Event Organisations, National Anti-Doping Organisations, and WADA.

Specified Substances.  As defined in Article 4.2.2.

Substantial Assistance. For purposes of Article 10.5.3, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping regulation violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organisation or hearing panel. Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.

Tampering.  Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring; or providing fraudulent information to an Anti-Doping Organisation.

Target Testing.  Selection of Athletes for Testing where specific Athletes or groups of Athletes are selected on a non-random basis for Testing at a specified time.

Team Sport.  A sport in which the substitution of players is permitted during a Competition.

Testing.  The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.

Trafficking. Selling, giving, transporting, sending, delivering or distributing a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete, Athlete Support Personnel or any other Person subject to the jurisdiction of an Anti-Doping Organisation to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes.

TUE.  As defined in Article 2.6.1.

TUE Panel.  As defined in Article 4.4.3.

UNESCO Convention. The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.

Use.  The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.

WADA.  The World Anti-Doping Agency.

APPENDIX 2 - Acknowledgment and Agreement

I, as a member of a National Organisation of Wheelchair Basketball and a participant in the International Wheelchair Basketball Federation authorized or recognized event, hereby acknowledge and agree as follows:

1. I have received and had an opportunity to review the IWBF Anti-Doping Regulations.

2. I consent and agree to comply with and be bound by all of the provisions of the IWBF Anti-Doping Regulations, including but not limited to, all amendments to the Anti-Doping Regulations and all International Standards incorporated in the Anti-Doping Regulations.

3. I acknowledge and agree that IWBF have jurisdiction to impose sanctions as provided in the IWBF Anti-Doping Regulations.

4. I also acknowledge and agree that any dispute arising out of a decision made pursuant to the IWBF Anti-Doping Regulations, after exhaustion of the process expressly provided for in the IWBF Anti-Doping Regulations, may be appealed exclusively as provided in Article 13 of the IWBF Anti-Doping Regulations to an appellate body for final and binding arbitration, which in the case of International-Level Athletes is the Court of Arbitration for Sport.

5. I acknowledge and agree that the decisions of the arbitral appellate body referenced above shall be final and enforceable, and that I will not bring any claim, arbitration, lawsuit or litigation in any other court or tribunal.

6. I have read and understand this Acknowledgement and Agreement.

 

 

Date       Print Name (Last Name, First Name)

 

Date of Birth     Signature (or, if a minor, signature of (Day/Month/Year)    legal guardian)