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NADA India Rules 2021

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56 views58 pages

NADA India Rules 2021

Uploaded by

Nishita Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Play Fair

NATIONAL ANTI-DOPING
RULES, 2021

(As per Revised


WADA Code 2021)
TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................................... 3
ARTICLE 1 DEFINITION OF DOPING ........................................................................................... 7
ARTICLE 2 ANTI-DOPING RULE VIOLATIONS .......................................................................... 7
ARTICLE 3 PROOF OF DOPING ................................................................................................. 11
ARTICLE 4 THE PROHIBITED LIST ............................................................................................ 13
ARTICLE 5 TESTING AND INVESTIGATIONS .......................................................................... 18
ARTICLE 6 ANALYSIS OF SAMPLES ........................................................................................ 21
ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND
PROVISIONAL SUSPENSIONS .............................................................................. 23
ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF
HEARING DECISION ................................................................................................ 26
ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ......................... 29
ARTICLE 10 SANCTIONS ON INDIVIDUALS ............................................................................... 29
ARTICLE 11 CONSEQUENCES TO TEAMS ................................................................................ 42
ARTICLE 12 SANCTIONS BY NADA AGAINST OTHER SPORTING BODIES........................ 42
ARTICLE 13 RESULTS MANAGEMENT: APPEALS ................................................................. 43
ARTICLE 14 CONFIDENTIALITY AND REPORTING .................................................................. 49
ARTICLE 15 IMPLEMENTATION OF DECISIONS ....................................................................... 53
ARTICLE 16 STATUTE OF LIMITATIONS .................................................................................... 54
ARTICLE 17 EDUCATION .............................................................................................................. 54
ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS54
ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF NADA ................................ 56
ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES ....................... 56
ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT
PERSONNEL ............................................................................................................. 57
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT
TO THESE ANTI-DOPING RULES .......................................................................... 57
ARTICLE 23 INTERPRETATION OF THE CODE ......................................................................... 57
ARTICLE 24 FINAL PROVISIONS ................................................................................................. 58
APPENDIX 1 DEFINITIONS ............................................................................................................. 60
ANTI-DOPING RULES

INTRODUCTION

Preface

These Anti-Doping Rules are adopted and implemented in accordance with India National Anti-
Doping Agency (NADA) responsibilities under the Code, and in furtherance of NADA's continuing
efforts to eradicate doping in sport in India.

These Anti-Doping Rules are sport rules governing the conditions under which sport is played. Aimed
at enforcing anti-doping rules in a global and harmonized manner, they are distinct in nature from
criminal and civil laws. They are not intended to be subject to or limited by any national requirements
and legal standards applicable to criminal or civil proceedings, although they are intended to be
applied in a manner which respects the principles of proportionality and human rights. When
reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating
bodies should be aware of and respect the distinct nature of these Anti-Doping Rules, which
implement the Code, and the fact that these rules represent the consensus of a broad spectrum of
stakeholders around the world as to what is necessary to protect and ensure fair sport.

As provided in the Code, NADA shall be responsible for conducting all aspects of Doping Control. Any
aspect of Doping Control or anti-doping Education may be delegated by NADA] to a Delegated Third
Party, however, NADA shall require the Delegated Third Party to perform such aspects in compliance
with the Code, International Standards, and these Anti-Doping Rules. NADA shall always remain fully
responsible for ensuring that any delegated aspects are performed in compliance with the Code.

Terms used in these Anti-Doping Rules that are defined terms from the Code and Appendix 1 of these
Anti-Doping Rules are italicized.

Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping
Rules.

Fundamental Rationale for the Code and NADA's Anti-Doping Rules

Anti-doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred
to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of
each Athlete’s natural talents.

Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes
to pursue human excellence without the Use of Prohibited Substances and Prohibited Methods.

Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other
competitors, fair competition, a level playing field, and the value of clean sport to the world.

The spirit of sport is the celebration of the human spirit, body and mind. It is the essence of Olympism
and is reflected in the values we find in and through sport, including:

• Health
• Ethics, fair play and honesty
• Athletes’ rights as set forth in the Code
• Excellence in performance
• Character and Education
• Fun and joy
• Teamwork
• Dedication and commitment
• Respect for rules and laws
• Respect for self and other Participants
• Courage
• Community and solidarity

The spirit of sport is expressed in how we play true.

Doping is fundamentally contrary to the spirit of sport.

The National Anti-Doping Program

National Anti-Doping Agency was established by Government of India as Registered Society in 2004
under Society Registration Act XXI 1860 with the objective of acting as the National Anti-Doping
Organization for India. As such, and in accordance with Article 20.5.1 of the Code, NADA notably has
the necessary authority and responsibility to be independent in its operational decisions and activities
from sport and government. Without limitation, this includes the prohibition of any involvement in its
operational decisions or activities by any Person who is at the same time involved in the management
or operations of any International Federation, National Federation, Major Event Organization, National
Olympic Committee, National Paralympic Committee, or government department with responsibility
for sport or anti-doping.

Scope of these Anti-Doping Rules

These Anti-Doping Rules shall apply to:

• NADA, including its officers, and specified employees, and Delegated Third Parties and their
employees, who are involved in any aspect of Doping Control;
• National Federations of India, including their officers, and specified employees, and
Delegated Third Parties and their employees, who are involved in any aspect of Doping
Control;
• the following Athletes, Athlete Support Personnel and other Persons (including Protected
Persons), in each case, whether or not such Person is a national or resident of India:

• all Athletes and Athlete Support Personnel who are members or license-holders of
any National Federation in India, or of any member or affiliate organization of any
National Federation in India (including any clubs, teams, associations, or leagues);
• all Athletes and Athlete Support Personnel who participate in such capacity in Events,
Competitions, and other activities organized, convened, authorized or recognized by
any National Federation in India, or by any member or affiliate organization of any
National Federation in India (including any clubs, teams, associations or leagues),
wherever held;
• any other Athlete or Athlete Support Person or other Person who, by virtue of an
accreditation, a license or other contractual arrangement, or otherwise, is subject to
the authority of any National Federation in India, or of any member or affiliate
organization of any National Federation in India (including any clubs, teams,
associations or leagues), for purposes of anti-doping; and
• all Athletes and Athlete Support Personnel who participate in any capacity in any
activity organized, held, convened or authorized by the organizer of a National Event
or of a national league that is not affiliated with a National Federation.
• All other Persons over whom the Code gives NADA authority, including all Athletes
who are nationals or residents of India, and all Athletes who are present in India,
whether to compete or to train or otherwise.
Each of the abovementioned Persons is deemed, as a condition of his or her participation or
involvement in sport in India, to have agreed to and be bound by these Anti-Doping Rules, and to
have submitted to the authority of NADA to enforce these Anti-Doping Rules, including any
Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article
8 and Article 13 to hear and determine cases and appeals brought under these Anti-Doping Rules.

Within the overall pool of Athletes set out above who are bound by and required to comply with these
Anti-Doping Rules, the following Athletes shall be considered to be National-Level Athletes for the
purposes of these Anti-Doping Rules, and, therefore, the specific provisions in these Anti-Doping
Rules applicable to National-Level Athletes (e.g., Testing, TUEs, whereabouts, and Results
Management) shall apply to such Athletes:

• Athletes who are members or license holders of any National Federation in India or any other
organization affiliated with a National Federation including associations, clubs, teams or
leagues;
• Athletes who participate or compete at any Competition, Event, or activity, which is organized,
recognized, or hosted by a National Federation, by any affiliated association, organization,
club, team, or league or by the Government in India;

However, if any such Athletes are classified by their respective International Federations as
International-Level Athletes then they shall be considered to be International-Level Athletes
(and not National-Level Athletes) for purposes of these Anti-Doping Rules.

The following athletes shall be considered as Other Athletes for the purpose of these Anti-
Doping Rules who shall be governed by the Anti-Doping Regulations:
(a) Any other Athlete who by virtue of an accreditation, a license or any other contractual
arrangement, falls within the competence of a National Federation in India or any affiliated
association, organization, club, team, or league in India for the purposes of fighting doping in
sport in India;
(b) Athletes who participate in any activity organized, recognized, or hosted by a National Event
organizer or any other national league and which is not otherwise affiliated with a National
Federation.
(c) Athletes who participate in any National School Games, National University Games, National
Winter Games organised by National Sports Federation, Sports Council, Sports Boards, State
Government.

However, if any such Athletes are classified by NADA as National -Level Athletes then they
shall be considered to be National Level Athletes for purposes of these Anti-Doping Rules.
ARTICLE 1 DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in
Article 2.1 through Article 2.11 of these Anti-Doping Rules.

ARTICLE 2 ANTI-DOPING RULE VIOLATIONS

The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule
violations. Hearings in doping cases will proceed based on the assertion that one or more of these
specific rules have been violated.

Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule
violation and the substances and methods which have been included on the Prohibited List.

The following constitute anti-doping rule violations:

2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an


Athlete’s Sample

2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance


enters their bodies. 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 rule violation under Article 2.1.

2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is


established by any 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; or, where the
Athlete’s A or B Sample is split into two (2) parts and the analysis of the
confirmation part of the split Sample confirms the presence of the
Prohibited Substance or its Metabolites or Markers found in the first part of
the split Sample or the Athlete waives analysis of the confirmation part of
the split Sample.

2.1.3 Excepting those substances for which a Decision Limit is specifically


identified in the Prohibited List or a Technical Document, the presence of
any reported quantity of a Prohibited Substance or its Metabolites or
Markers in an Athlete’s Sample shall constitute an anti-doping rule
violation.

2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List,
International Standards, or Technical Documents may establish special
criteria for reporting or the evaluation of certain Prohibited Substances.
2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited
Method

2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance


enters their bodies and that no Prohibited Method is Used. Accordingly, it is
not necessary that intent, Fault, negligence or knowing Use on the Athlete’s
part be demonstrated in order to establish an anti-doping rule violation for
Use of a Prohibited Substance or a Prohibited Method.

2.2.2 The success or failure of the Use or Attempted Use of a Prohibited


Substance or Prohibited Method is not material. It is sufficient that the
Prohibited Substance or Prohibited Method was Used or Attempted to be
Used for an anti-doping rule violation to be committed.

2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete

Evading Sample collection; or refusing or failing to submit to Sample collection without


compelling justification after notification by a duly authorized Person.

2.4 Whereabouts Failures by an Athlete

Any combination of three (3) missed tests and/or filing failures, as defined in the International
Standard for Results Management, within a twelve (12) month period by an Athlete in a
Registered Testing Pool.

2.5 Tampering or Attempted Tampering with any part of Doping Control by an


Athlete or Other Person

2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or


Athlete Support Person

2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or


any Prohibited Method, or Possession by an Athlete Out-of-Competition of
any Prohibited Substance or any Prohibited Method which is prohibited
Out-of-Competition unless the Athlete establishes that the Possession is
consistent with a Therapeutic Use Exemption (“TUE”) granted in
accordance with Article 4.4 or other acceptable justification.

2.6.2 Possession by an Athlete Support Person In-Competition of any Prohibited


Substance or any Prohibited Method, or Possession by an Athlete Support
Person Out-of-Competition of any Prohibited Substance or any Prohibited
Method which is prohibited Out-of-Competition in connection with an
Athlete, Competition or training, unless the Athlete Support Person
establishes that the Possession is consistent with a TUE granted to an
Athlete in accordance with Article 4.4 or other acceptable justification.

2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited


Method by an Athlete or Other Person

2.8 Administration or Attempted Administration by an Athlete or Other Person to


any Athlete In-Competition of any Prohibited Substance or Prohibited Method,
or Administration or Attempted Administration to any Athlete Out-of-
Competition of any Prohibited Substance or any Prohibited Method that is
Prohibited Out-of-Competition

2.9 Complicity or Attempted Complicity by an Athlete or Other Person

Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of


intentional complicity or Attempted complicity involving an anti-doping rule violation,
Attempted anti-doping rule violation or violation of Article 10.14.1 by another Person.
2.10 Prohibited Association by an Athlete or Other Person

2.10.1 Association by an Athlete or other Person subject to the authority of an Anti-


Doping Organization in a professional or sport-related capacity with any
Athlete Support Person who:

2.10.1.1 If subject to the authority of an Anti-Doping Organization, is serving


a period of Ineligibility; or

2.10.1.2 If not subject to the authority of an Anti-Doping Organization, and


where Ineligibility has not been addressed in a Results
Management process pursuant to the Code, has been convicted or
found in a criminal, disciplinary or professional proceeding to have
engaged in conduct which would have constituted a violation of
anti-doping rules if Code-compliant rules had been applicable to
such Person. The disqualifying status of such Person shall be in
force for the longer of six (6) years from the criminal, professional
or disciplinary decision or the duration of the criminal, disciplinary or
professional sanction imposed; or

2.10.1.3 Is serving as a front or intermediary for an individual described in


Article 2.10.1.1 or 2.10.1.2.

2.10.2 To establish a violation of Article 2.10, an Anti-Doping Organization must


establish that the Athlete or other Person knew of the Athlete Support
Person’s disqualifying status.

The burden shall be on the Athlete or other Person to establish that any
association with an Athlete Support Person described in Article 2.10.1.1 or
2.10.1.2 is not in a professional or sport-related capacity and/or that such
association could not have been reasonably avoided.

Anti-Doping Organizations that are aware of Athlete Support Personnel who


meet the criteria described in Article 2.10.1.1, 2.10.1.2, or 2.10.1.3 shall
submit that information to WADA.

2.11 Acts by an Athlete or Other Person to Discourage or Retaliate Against


Reporting to Authorities

Where such conduct does not otherwise constitute a violation of Article 2.5:

2.11.1 Any act which threatens or seeks to intimidate another Person with the
intent of discouraging the Person from the good-faith reporting of
information that relates to an alleged anti-doping rule violation or alleged
non-compliance with the Code to WADA, an Anti-Doping Organization, law
enforcement, regulatory or professional disciplinary body, hearing body or
Person conducting an investigation for WADA or an Anti-Doping
Organization.

2.11.2 Retaliation against a Person who, in good faith, has provided evidence or
information that relates to an alleged anti-doping rule violation or alleged
non-compliance with the Code to WADA, an Anti-Doping Organization, law
enforcement, regulatory or professional disciplinary body, hearing body or
Person conducting an investigation for WADA or an Anti-Doping
Organization.
For purposes of Article 2.11, retaliation, threatening and intimidation
include an act taken against such Person either because the act lacks a
good faith basis or is a disproportionate response.

ARTICLE 3 PROOF OF DOPING

3.1 Burdens and Standards of Proof

NADA shall have the burden of establishing that an anti-doping rule violation has occurred.
The standard of proof shall be whether NADA has established an anti-doping rule 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 Anti-Doping Rules
place the burden of proof upon the Athlete or other Person alleged to have committed an anti-
doping rule violation to rebut a presumption or establish specified facts or circumstances,
except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of
probability.

3.2 Methods of Establishing Facts and Presumptions

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

3.2.1 Analytical methods or Decision Limits approved by WADA after


consultation within the relevant scientific community or which have been
the subject of peer review are presumed to be scientifically valid. Any
Athlete or other Person seeking to challenge whether the conditions for
such presumption have been met or to rebut this presumption of scientific
validity shall, as a condition precedent to any such challenge, first notify
WADA of the challenge and the basis of the challenge. The initial hearing
body, appellate body or CAS, on its own initiative, may also inform WADA
of any such challenge. Within ten (10) days of WADA’s receipt of such
notice and the case file related to such challenge, WADA shall also have
the right to intervene as a party, appear as amicus curiae or otherwise
provide evidence in such proceeding. In cases before CAS, at WADA’s
request, the CAS panel shall appoint an appropriate scientific expert to
assist the panel in its evaluation of the challenge.

3.2.2 WADA-accredited laboratories, and other laboratories approved by WADA,


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 for Laboratories 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 for Laboratories occurred
which could reasonably have caused the Adverse Analytical Finding, then
NADA shall have the burden to establish that such departure did not cause
the Adverse Analytical Finding.

3.2.3 Departures from any other International Standard or other anti-doping rule
or policy set forth in the Code or these Anti-Doping Rules shall not
invalidate analytical results or other evidence of an anti-doping rule
violation, and shall not constitute a defense to an anti-doping rule violation;
provided, however, if the Athlete or other Person establishes that a
departure from one of the specific International Standard provisions listed
below could reasonably have caused an anti-doping rule violation based on
an Adverse Analytical Finding or whereabouts failure, then NADA shall
have the burden to establish that such departure did not cause the Adverse
Analytical Finding or the whereabouts failure:

(i) a departure from the International Standard for Testing and


Investigations related to Sample collection or Sample handling which
could reasonably have caused an anti-doping rule violation based on
an Adverse Analytical Finding, in which case NADA shall have the
burden to establish that such departure did not cause the Adverse
Analytical Finding;

(ii) a departure from the International Standard for Results Management or


International Standard for Testing and Investigations related to an
Adverse Passport Finding which could reasonably have caused an
anti-doping rule violation, in which case NADA shall have the burden to
establish that such departure did not cause the anti-doping rule
violation;

(iii) a departure from the International Standard for Results Management


related to the requirement to provide notice to the Athlete of the B
Sample opening which could reasonably have caused an anti-doping
rule violation based on an Adverse Analytical Finding, in which case
NADA shall have the burden to establish that such departure did not
cause the Adverse Analytical Finding;

(iv) a departure from the International Standard for Results Management


related to Athlete notification which could reasonably have caused an
anti-doping rule violation based on a whereabouts failure, in which
case NADA shall have the burden to establish that such departure did
not cause the whereabouts failure.

3.2.4 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.

3.2.5 The hearing panel in a hearing on an anti-doping rule violation may draw
an inference adverse to the Athlete or other Person who is asserted to
have committed an anti-doping rule 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 hearing panel) and to answer questions
from the hearing panel or NADA.

ARTICLE 4 THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These Anti-Doping Rules incorporate the Prohibited List which is published and revised by
WADA as described in Article 4.1 of the Code.

Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions
shall go into effect under these Anti-Doping Rules three (3) months after publication by WADA
without requiring any further action by NADA. All Athletes and other Persons shall be bound
by the Prohibited List, and any revisions thereto, from the date they go into effect, without
further formality. It is the responsibility of all Athletes and other Persons to familiarize
themselves with the most up-to-date version of the Prohibited List and all revisions thereto.
4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2.1 Prohibited Substances and Prohibited Methods

The Prohibited List shall identify those Prohibited Substances and


Prohibited Methods which are prohibited as doping at all times (both In-
Competition and Out-of-Competition) because of their potential to enhance
performance in future Competitions or their masking potential, and those
substances and methods which are prohibited In-Competition only. The
Prohibited List may be expanded by WADA for a particular sport.
Prohibited Substances and Prohibited Methods may be included in the
Prohibited List by general category (e.g., anabolic agents) or by specific
reference to a particular substance or method.

4.2.2 Specified Substances or Specified Methods

For purposes of the application of Article 10, all Prohibited Substances shall be Specified
Substances except as identified on the Prohibited List. No Prohibited Method shall be a
Specified Method unless it is specifically identified as a Specified Method on the
Prohibited List.

4.2.3 Substances of Abuse

For purposes of applying Article 10, Substances of Abuse shall include those
Prohibited Substances which are specifically identified as Substances of Abuse on
the Prohibited List because they are frequently abused in society outside of the
context of sport.

4.3 WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be
included on the Prohibited List, the classification of substances into categories on the
Prohibited List, the classification of a substance as prohibited at all times or In-Competition
only, the classification of a substance or method as a Specified Substance, Specified Method
or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other
Person including, but not limited to, any challenge 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 Exemptions (“TUEs”)

4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers,


and/or the Use or Attempted Use, Possession or Administration or
Attempted Administration of a Prohibited Substance or Prohibited Method
shall not be considered an anti-doping rule violation if it is consistent with
the provisions of a TUE granted in accordance with the International
Standard for Therapeutic Use Exemptions.

4.4.2 TUE Application Process

4.4.2.1 Any Athlete who is not an International-Level Athlete shall apply


to NADA for a TUE as soon as possible, save where Articles 4.1
or 4.3 of the International Standard for Therapeutic Use
Exemptions apply. The application shall be made in accordance
with Article 6 of the International Standard for Therapeutic Use
Exemptions as posted on NADA’s website.

4.4.2.2 NADA shall appoint a TUE Committee (“TUEC”), consisting of


three (3) medical practitioners/experts as members, including a
Chairman, with not less than twelve (12) years of experience in
their respective specializations, to consider applications for the
grant of TUEs. The appointed members shall not be employees
of NADA.

• Before serving as a member of the TUEC, each member


must sign a conflict of interest and confidentiality declaration.
Before considering a TUE application, each member shall
disclose to the Chair any circumstances likely to affect their
impartiality with respect to the Athlete making the application.

4.4.2.3 The TUEC shall promptly evaluate and decide upon the
application in accordance with the relevant provisions of the
International Standard for Therapeutic Use Exemptions and
usually (i.e., unless exceptional circumstances apply) within no
more than twenty-one (21) days of receipt of a complete
application. Where the application is made in a reasonable time
prior to an Event, the TUEC must use its best endeavors to issue
its decision before the start of the Event.

4.4.2.4 The TUEC decision shall be the final decision of NADA and may
be appealed in accordance with Article 4.4.6. NADA TUEC
decision shall be notified in writing to the Athlete, and to WADA
and other Anti-Doping Organizations in accordance with the
International Standard for Therapeutic Use Exemptions. It shall
also promptly be reported into ADAMS.

4.4.3 Retroactive TUE Applications

If NADA chooses to test an Athlete who is not an International-Level or a National-


Level Athlete, NADA must permit that Athlete to apply for a retroactive TUE for any
Prohibited Substance or Prohibited Method that he or she is Using for therapeutic
reasons.

4.4.4 TUE Recognition

A TUE granted by NADA is valid at any national level in any country and does not
need to be formally recognized by any other National Anti-Doping Organization.

However, it is not automatically valid if the Athlete becomes an International-Level


Athlete or competes in an International Event, unless it is recognized by the relevant
International Federation or Major Event Organization in accordance with the
International Standard for Therapeutic Use Exemptions as follows:

4.4.4.1 Where the Athlete already has a TUE granted by NADA for the
substance or method in question, unless their TUE will be
automatically recognized by the International Federation or Major
Event Organization, the Athlete shall apply to their International
Federation or to the Major Event Organization to recognize that
TUE. If that TUE meets the criteria set out in the International
Standard for Therapeutic Use Exemptions, then the International
Federation or Major Event Organization must recognize it.

If the International Federation or Major Event Organization


considers that the TUE granted by NADA does not meet those
criteria and so refuses to recognize it, the International
Federation shall promptly notify the Athlete and NADA with
reasons. The Athlete and/or NADA shall have twenty-one (21)
days from such notification to refer the matter to WADA for
review in accordance with Article 4.4.6.
If the matter is referred to WADA for review in accordance with
Article 4.4.6, the TUE granted by NADA remains valid for
national-level Competition and Out-of-Competition Testing (but is
not valid for international-level Competition) pending WADA’s
decision.

If the matter is not referred to WADA for review within the twenty-
one (21) day deadline, NADA must determine whether the
original TUE that it granted should nevertheless remain valid for
national-level Competition and Out-of-Competition Testing
(provided that the Athlete ceases to be an International-Level
Athlete and does not participate in international-level
Competition). Pending NADA’s decision, the TUE remains valid
for national-level Competition and Out-of-Competition Testing
(but is not valid for international-level Competition).

4.4.4.2 If the Athlete does not already have a TUE granted by NADA for
the substance or method in question, the Athlete must apply
directly to the International Federation for a TUE in accordance
with the process set out in the International Standard for
Therapeutic Use Exemptions as soon as the need arises.

If the International Federation denies the Athlete’s application, it


shall notify the Athlete promptly, with reasons.

If the International Federation grants the Athlete’s application, it


shall notify the Athlete and NADA. If NADA considers that the
TUE granted by the International Federation does not meet the
criteria set out in the International Standard for Therapeutic Use
Exemptions, it has twenty-one (21) days from such notification to
refer the matter to WADA for review.

If NADA refers the matter to WADA for review, the TUE granted
by the International Federation remains valid for international-
level Competition and Out-of-Competition Testing (but is not valid
for national-level Competition) pending WADA’s decision.

If NADA does not refer the matter to WADA for review, the TUE
granted by the International Federation becomes valid for
national-level Competition as well when the twenty-one (21) day
review deadline expires.

4.4.5 Expiration, Withdrawal or Reversal of a TUE

4.4.5.1 A TUE granted pursuant to these Anti-Doping Rules: (a) shall


expire automatically at the end of any term for which it was
granted, without the need for any further notice or other formality;
(b) will be withdrawn if the Athlete does not promptly comply with
any requirements or conditions imposed by the TUEC upon grant
of the TUE; (c) may be withdrawn by the TUEC if it is
subsequently determined that the criteria for grant of a TUE are
not in fact met; or (d) may be reversed on review by WADA or on
appeal.

4.4.5.2 In such event, the Athlete shall not be subject to any


Consequences based on their Use or Possession or
Administration of the Prohibited Substance or Prohibited Method
in question in accordance with the TUE prior to the effective date
of expiry, withdrawal, or reversal of the TUE. The review
pursuant to Article 5.1.1.1 of the International Standard for
Results Management of an Adverse Analytical Finding, reported
shortly after the TUE expiry, withdrawal, or reversal, shall include
consideration of whether such finding is consistent with Use of
the Prohibited Substance or Prohibited Method prior to that date,
in which event no anti-doping rule violation shall be asserted.

4.4.6 Reviews and Appeals of TUE Decisions

4.4.6.1 If NADA denies an application for a TUE, the Athlete may appeal
exclusively to the appellate body described in Article 13.2.2.

4.4.6.2 WADA must review an International Federation’s decision not to


recognize a TUE granted by NADA that is referred to WADA by
the Athlete or NADA. In addition, WADA must review an
International Federation’s decision to grant a TUE that is referred
to WADA by NADA. WADA may review any other TUE decisions
at any time, whether upon request by those affected or on its
own initiative. If the TUE decision being reviewed meets the
criteria set out in the International Standard for Therapeutic Use
Exemptions, WADA will not interfere with it. If the TUE decision
does not meet those criteria, WADA will reverse it.

4.4.6.3 Any TUE decision by an International Federation (or by NADA


where it has agreed to consider the application on behalf of an
International Federation) that is not reviewed by WADA, or that is
reviewed by WADA but is not reversed upon review, may be
appealed by the Athlete and/or NADA, exclusively to CAS.

4.4.6.4 A decision by WADA to reverse a TUE decision may be


appealed by the Athlete, NADA and/or the International
Federation affected, exclusively to CAS.

4.4.6.5 A failure to render a decision within a reasonable time on a


properly submitted application for grant/recognition of a TUE or
for review of a TUE decision shall be considered a denial of the
application thus triggering the applicable rights of review/appeal.

ARTICLE 5 TESTING AND INVESTIGATIONS

5.1 Purpose of Testing and Investigations

5.1.1 Testing and investigations may be undertaken for any anti-doping purpose.
They shall be conducted in conformity with the provisions of the
International Standard for Testing and Investigations and the specific
protocols of NADA supplementing that International Standard.

5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the


Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its
Metabolites or Markers in an Athlete’s Sample) or Article 2.2 (Use or
Attempted Use by an Athlete of a Prohibited Substance or a Prohibited
Method).

5.2 Authority to Test

5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, NADA shall
have In-Competition and Out-of-Competition Testing authority over all
Athletes specified in the Introduction to these Anti-Doping Rules (Section
“Scope of these Anti-Doping Rules”).

5.2.2 NADA may require any Athlete over whom it has Testing authority
(including any Athlete serving a period of Ineligibility) to provide a Sample
at any time and at any place.

5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority


as set out in Article 20.7.10 of the Code.

5.2.4 If an International Federation or Major Event Organization delegates or


contracts any part of Testing to NADA directly or through a National
Federation, NADA may collect additional Samples or direct the laboratory
to perform additional types of analysis at NADA’s expense. If additional
Samples are collected or additional types of analysis are performed, the
International Federation or Major Event Organization shall be notified.

5.3 Event Testing

5.3.1 Except as otherwise provided below, only a single organization shall have
authority to conduct Testing at Event Venues during an Event Period. At
International Events held in India, the international organization which is the
ruling body for the Event shall have authority to conduct Testing. At
National Events held in India, NADA shall have authority to conduct
Testing. At the request of the ruling body for an Event, any Testing
conducted during the Event Period outside of the Event Venues shall be
coordinated with the ruling body of the Event.

5.3.2 If an Anti-Doping Organization, which would otherwise have Testing


authority but is not responsible for initiating and directing Testing at an
Event, desires to conduct Testing of Athletes at the Event Venues during
the Event Period, the Anti-Doping Organization shall first confer with the
ruling body of the Event to obtain permission to conduct and coordinate
such Testing. If the Anti-Doping Organization is not satisfied with the
response from the ruling body of the Event, the Anti-Doping Organization
may, in accordance with procedures described in the International
Standard for Testing and Investigations, ask WADA for permission to
conduct Testing and to determine how to coordinate such Testing. WADA
shall not grant approval for such Testing before consulting with and
informing the ruling body for the Event. WADA’s decision shall be final and
not subject to appeal. Unless otherwise provided in the authorization to
conduct Testing, such tests shall be considered Out-of-Competition tests.
Results Management for any such test shall be the responsibility of the
Anti-Doping Organization initiating the test unless provided otherwise in the
rules of the ruling body of the Event.

5.4 Testing Requirements

5.4.1 NADA shall conduct test distribution planning and Testing as required by
the International Standard for Testing and Investigations.

5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in


order to maximize the effectiveness of the combined Testing effort and to
avoid unnecessary repetitive Testing.

5.5 Athlete Whereabouts Information


5.5.1 NADA has established a Registered Testing Pool of those Athletes who
are required to provide whereabouts information in the manner specified in
the International Standard for Testing and Investigations and who shall be
subject to Consequences for Article 2.4 violations as provided in Article
10.3.2. NADA shall coordinate with International Federations to identify
such Athletes and to collect their whereabouts information.

5.5.2 NADA shall make available through ADAMS a list which identifies those
Athletes included in its Registered Testing Pool by name. NADA shall
regularly review and update as necessary its criteria for including Athletes
in its Registered Testing Pool, and shall periodically (but not less than
quarterly) review the list of Athletes in its Registered Testing Pool to ensure
that each listed Athlete continues to meet the relevant criteria. Athletes
shall be notified before they are included in the Registered Testing Pool
and when they are removed from that pool. The notification shall contain
the information set out in the International Standard for Testing and
Investigations.

5.5.3 Where an Athlete is included in an international Registered Testing Pool by


their International Federation and in a national Registered Testing Pool by
NADA, NADA and the International Federation shall agree between
themselves which of them shall accept that Athlete's whereabouts filings; in
no case shall an Athlete be required to make whereabouts filings to more
than one of them.

5.5.4 In accordance with the International Standard for Testing and


Investigations, each Athlete in the Registered Testing Pool shall do the
following: (a) advise NADA of his/her whereabouts on a quarterly basis; (b)
update that information as necessary so that it remains accurate and
complete at all times; and (c) make himself or herself available for Testing
at such whereabouts.

5.5.5 For purposes of Article 2.4, an Athlete’s failure to comply with the
requirements of the International Standard for Testing and Investigations
shall be deemed a filing failure or a missed test, as defined in Annex B of
the International Standard for Results Management, where the conditions
set forth in Annex B are met.

5.5.6 An Athlete in NADA’s Registered Testing Pool shall continue to be subject


to the obligation to comply with the whereabouts requirements set in the
International Standard for Testing and Investigations unless and until (a)
the Athlete gives written notice to NADA that he or she has retired or (b)
NADA has informed him or her that he or she no longer satisfies the criteria
for inclusion in NADA's Registered Testing Pool.

5.5.7 Whereabouts information provided by an Athlete while in the Registered


Testing Pool will be accessible through ADAMS to WADA and to other Anti-
Doping Organizations having authority to test that Athlete as provided in
Article 5.2. Whereabouts information shall be maintained in strict
confidence at all times; it shall be used exclusively for purposes of
planning, coordinating or conducting Doping Control, providing information
relevant to the Athlete Biological Passport or other analytical results, to
support an investigation into a potential anti-doping rule violation, or to
support proceedings alleging an anti-doping rule violation; and shall be
destroyed after it is no longer relevant for these purposes in accordance
with the International Standard for the Protection of Privacy and Personal
Information.
5.5.8 NADA may, in accordance with the International Standard for Testing and
Investigations, collect whereabouts information from Athletes who are not
included within a Registered Testing Pool. If it chooses to do so, an Athlete’s
failure to provide requested whereabouts information on or before the date
required by NADA or the Athlete’s failure to provide accurate whereabouts
information shall result in NADA elevating the Athlete to NADA’s Registered
Testing Pool. Additionally a reasonable financial fine may also be imposed by
NADA on such Athletes for not complying this requirement.

5.6 Retired Athletes Returning to Competition

5.6.1 If an International-Level Athlete or National-Level Athlete in NADA’s


Registered Testing Pool retires and then wishes to return to active
participation in sport, the Athlete shall not compete in International Events
or National Events until the Athlete has made himself or herself available
for Testing, by giving six (6) months prior written notice to their International
Federation and NADA.

WADA, in consultation with NADA and the Athlete's International


Federation, may grant an exemption to the six (6) month written notice rule
where the strict application of that rule would be unfair to the Athlete. This
decision may be appealed under Article 13.

Any competitive results obtained in violation of this Article 5.6.1 shall be


Disqualified unless the Athlete can establish that he or she could not have
reasonably known that this was an International Event or a National Event.

5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility, the
Athlete must notify the Anti-Doping Organization that imposed the period of
Ineligibility in writing of such retirement. If the Athlete then wishes to return
to active competition in sport, the Athlete shall not compete in International
Events or National Events until the Athlete has made himself or herself
available for Testing by giving six (6) months prior written notice (or notice
equivalent to the period of Ineligibility remaining as of the date the Athlete
retired, if that period was longer than six (6) months) to NADA and to their
International Federation.

5.7 Independent Observer Program

NADA and any organizing committees for National Events in India, shall authorize and
facilitate the Independent Observer Program at such Events.

ARTICLE 6 ANALYSIS OF SAMPLES

Samples shall be analyzed in accordance with the following principles:

6.1 Use of Accredited, Approved Laboratories and Other Laboratories

6.1.1 For purposes of directly establishing an Adverse Analytical Finding under


Article 2.1, Samples shall be analyzed only in WADA-accredited
laboratories or laboratories otherwise approved by WADA. The choice of
the WADA-accredited or WADA-approved laboratory used for the Sample
analysis shall be determined exclusively by NADA.
6.1.2 As provided in Article 3.2, facts related to anti-doping rule violations may be
established by any reliable means. This would include, for example, reliable
laboratory or other forensic testing conducted outside of WADA-accredited
or approved laboratories.

6.2 Purpose of Analysis of Samples and Data

Samples and related analytical data or Doping Control information 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 NADA in profiling relevant parameters in an Athlete’s
urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate
anti-doping purpose.

6.3 Research on Samples and Data

Samples, related analytical data and Doping Control information may be used for anti-doping
research purposes, although no Sample may be used for research without the Athlete's
written consent. Samples and related analytical data or Doping Control information used for
research purposes shall first be processed in such a manner as to prevent Samples and
related analytical data or Doping Control information being traced back to a particular Athlete.
Any research involving Samples and related analytical data or Doping Control information
shall adhere to the principles set out in Article 19 of the Code.

6.4 Standards for Sample Analysis and Reporting

In accordance with Article 6.4 of the Code, NADA shall ask laboratories to analyze Samples
in conformity with the International Standard for Laboratories and Article 4.7 of the
International Standard for Testing and Investigations.

Laboratories at their own initiative and expense may analyze Samples for Prohibited
Substances or Prohibited Methods not included on the standard Sample analysis menu, or as
requested by NADA. Results from any such analysis shall be reported to NADA and have the
same validity and Consequences as any other analytical result.

6.5 Further Analysis of a Sample Prior to or During Results Management

There shall be no limitation on the authority of a laboratory to conduct repeat or additional


analysis on a Sample prior to the time NADA notifies an Athlete that the Sample is the basis
for an Article 2.1 anti-doping rule violation charge. If after such notification NADA wishes to
conduct additional analysis on that Sample, it may do so with the consent of the Athlete or
approval from a hearing body.

6.6 Further Analysis of a Sample After it has been Reported as Negative or has
Otherwise not Resulted in an Anti-Doping Rule Violation Charge

After a laboratory has reported a Sample as negative, or the Sample has not otherwise
resulted in an anti-doping rule violation charge, it may be stored and subjected to further
analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the
Anti-Doping Organization that initiated and directed Sample collection or WADA. Any other
Anti-Doping Organization with authority to test the Athlete that wishes to conduct further
analysis on a stored Sample may do so with the permission of the Anti-Doping Organization
that initiated and directed Sample collection or WADA, and shall be responsible for any
follow-up Results Management. Any Sample storage or further analysis initiated by WADA or
another Anti-Doping Organization shall be at WADA’s or that organization's expense. Further
analysis of Samples shall conform with the requirements of the International Standard for
Laboratories.
6.7 Split of A or B Sample

Where WADA, an Anti-Doping Organization with Results Management authority, and/or a


WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organization with
Results Management authority) wishes to split an A or B Sample for the purpose of using the
first part of the split Sample for an A Sample analysis and the second part of the split Sample
for confirmation, then the procedures set forth in the International Standard for Laboratories
shall be followed.

6.8 WADA’s Right to Take Possession of Samples and Data

WADA may, in its sole discretion at any time, with or without prior notice, take physical
possession of any Sample and related analytical data or information in the possession of a
laboratory or Anti-Doping Organization. Upon request by WADA, the laboratory or Anti-
Doping Organization in possession of the Sample or data shall immediately grant access to
If WADA has not
and enable WADA to take physical possession of the Sample or data.
provided prior notice to the laboratory or Anti-Doping Organization before taking possession
of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping
Organization whose Samples or data have been taken by WADA within a reasonable time
after taking possession. After analysis and any investigation of a seized Sample or data,
WADA may direct another Anti-Doping Organization with authority to test the Athlete to
assume Results Management responsibility for the Sample or data if a potential anti-doping
rule violation is discovered.

ARTICLE 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND


PROVISIONAL SUSPENSIONS

Results Management under these Anti-Doping Rules establishes a process designed to resolve anti-
doping rule violation matters in a fair, expeditious and efficient manner.

7.1 Responsibility for Conducting Results Management

7.1.1 Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1,
Results Management shall be the responsibility of, and shall be governed
by, the procedural rules of the Anti-Doping Organization that initiated and
directed Sample collection (or, if no Sample collection is involved, the Anti-
Doping Organization which first provides notice to an Athlete or other
Person of a potential anti-doping rule violation and then diligently pursues
that anti-doping rule violation).

7.1.2 In circumstances where the rules of a National Anti-Doping Organization do


not give the National Anti-Doping Organization authority over an Athlete or
other Person who is not a national, resident, license holder, or member of a
sport organization of that country, or the National Anti-Doping Organization
declines to exercise such authority, Results Management shall be
conducted by the applicable International Federation or by a third party with
authority over the Athlete or other Person as directed by the rules of the
applicable International Federation.

7.1.3 Results Management in relation to a potential whereabouts failure (a filing


failure or a missed test) shall be administered by the International
Federation or NADA with whom the Athlete in question files whereabouts
information, as provided in the International Standard for Results
Management. If NADA determines a filing failure or a missed test, it shall
submit that information to WADA through ADAMS, where it will be made
available to other relevant Anti-Doping Organizations.
7.1.4 Other circumstances in which NADA shall take responsibility for conducting
Results Management in respect of anti-doping rule violations involving
Athletes and other Persons under its authority shall be determined by
reference to and in accordance with Article 7 of the Code.

7.1.5 WADA may direct NADA to conduct Results Management in particular


circumstances. If NADA refuses to conduct Results Management within a
reasonable deadline set by WADA, such refusal shall be considered an act
of non-compliance, and WADA may direct another Anti-Doping
Organization with authority over the Athlete or other Person, that is willing
to do so, to take Results Management responsibility in place of NADA or, if
there is no such Anti-Doping Organization, any other Anti-Doping
Organization that is willing to do so. In such case, NADA shall reimburse
the costs and attorney's fees of conducting Results Management to the
other Anti-Doping Organization designated by WADA, and a failure to
reimburse costs and attorney's fees shall be considered an act of non-
compliance.

7.2 Review and Notification Regarding Potential Anti-Doping Rule Violations

NADA shall carry out the review and notification with respect to any potential anti-doping rule
violation in accordance with the International Standard for Results Management.

7.3 Identification of Prior Anti-Doping Rule Violations

Before giving an Athlete or other Person notice of a potential anti-doping rule violation as
provided above, NADA shall refer to ADAMS and contact WADA and other relevant Anti-Doping
Organizations to determine whether any prior anti-doping rule violation exists.

7.4 Provisional Suspensions

7.4.1 Mandatory Provisional Suspension after an Adverse Analytical Finding or


Adverse Passport Finding

If NADA receives an Adverse Analytical Finding or an Adverse Passport


Finding (upon completion of the Adverse Passport Finding review process)
for a Prohibited Substance or a Prohibited Method that is not a Specified
Substance or a Specified Method, it shall impose a Provisional Suspension
on the Athlete promptly upon or after the review and notification required by
Article 7.2.

A mandatory Provisional Suspension may be eliminated if: (i) the Athlete


demonstrates to the NADA’s Hearing Panel that the violation is likely to
have involved a Contaminated Product, or (ii) the violation involves a
Substance of Abuse and the Athlete establishes entitlement to a reduced
period of Ineligibility under Article 10.2.4.1.

The NADA’s Hearing Panel’s decision not to eliminate a mandatory


Provisional Suspension on account of the Athlete’s assertion regarding a
Contaminated Product shall not be appealable.

7.4.2 Optional Provisional Suspension Based on an Adverse Analytical Finding


for Specified Substances, Specified Methods, Contaminated Products, or
Other Anti-Doping Rule Violations

NADA may impose a Provisional Suspension for anti-doping rule violations


not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample
or final hearing as described in Article 8.
An optional Provisional Suspension may be lifted at the discretion of NADA
at any time prior to the NADA’s Hearing Panel’s decision under Article 8,
unless provided otherwise in the International Standard for Results
Management.

7.4.3 Opportunity for Hearing or Appeal

Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not


be imposed unless the Athlete or other Person is given: (a) an opportunity
for a Provisional Hearing, either before or on a timely basis after imposition
of the Provisional Suspension; or (b) an opportunity for an expedited
hearing in accordance with Article 8 on a timely basis after imposition of the
Provisional Suspension.

The imposition of a Provisional Suspension, or the decision not to impose a


Provisional Suspension, may be appealed in an expedited process in
accordance with Article 13.2.

7.4.4 Voluntary Acceptance of Provisional Suspension

Athletes on their own initiative may voluntarily accept a Provisional


Suspension if done so prior to the later of: (i) the expiration of ten (10) days
from the report of the B Sample (or waiver of the B Sample) or ten (10)
days from the notice of any other anti-doping rule violation, or (ii) the date
on which the Athlete first competes after such report or notice.

Other Persons on their own initiative may voluntarily accept a Provisional


Suspension if done so within ten (10) days from the notice of the anti-
doping rule violation.

Upon such voluntary acceptance, the Provisional Suspension shall have


the full effect and be treated in the same manner as if the Provisional
Suspension had been imposed under Article 7.4.1 or 7.4.2; provided,
however, at any time after voluntarily accepting a Provisional Suspension,
the Athlete or other Person may withdraw such acceptance, in which event
the Athlete or other Person shall not receive any credit for time previously
served during the Provisional Suspension.

7.4.5 If a Provisional Suspension is imposed based on an A Sample Adverse


Analytical Finding and a subsequent B Sample analysis (if requested by the
Athlete or NADA) 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. In circumstances where the Athlete (or the Athlete's
team has been removed from an Event based on a violation of Article 2.1
and the subsequent B Sample analysis does not confirm the A Sample
finding, then, if it is still possible for the Athlete or team to be reinserted,
without otherwise affecting the Event, the Athlete or team [ may continue to
take part in the Event.

7.5 Results Management Decisions

Results Management decisions or adjudications by NADA must not purport to be limited to a


particular geographic area or sport and shall address and determine without limitation the
following issues: (i) whether an anti-doping rule violation was committed or a Provisional
Suspension should be imposed, the factual basis for such determination, and the specific
Articles that have been violated, and (ii) all Consequences flowing from the anti-doping rule
violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of
medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial
Consequences.
7.6 Notification of Results Management Decisions

NADA shall notify Athletes, other Persons, Signatories and WADA of Results Management
decisions as provided in Article 14 and in the International Standard for Results Management.

7.7 Retirement from Sport

If an Athlete or other Person retires while the NADA’s Results Management process is
underway, NADA retains authority to complete its Results Management process. If an Athlete
or other Person retires before any Results Management process has begun, and NADA
would have had Results Management authority over the Athlete or other Person at the time
the Athlete or other Person committed an anti-doping rule violation, NADA has authority to
conduct Results Management.

ARTICLE 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF


HEARING DECISION

For any Person who is asserted to have committed an anti-doping rule violation, NADA shall provide a
fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel
in compliance with the Code and the International Standard for Results Management.
• Fair Hearings

• Fair, Impartial and Operationally Independent Hearing Panel

• The Chairman/Vice Chairman of the Governing body of NADA


shall appoint a Convenor and a Co-Convenor who shall be
independent persons having sufficient background and
experience in sports administration and/or anti-doping. The
Chairman/Vice Chairman of the Governing body of NADA shall
also nominate a Pool of Hearing Panel Members, from which the
Anti-Doping Disciplinary Panel for specific cases shall be
constituted by Convenor/Co-Convenor. The Pool of Hearing
Panel Members shall comprise of the following: (i) five (5) legal
members each of whom shall be legal practitioners of not less
than five (5) years standing, ii) five (5) medical Practitioners of
not less than five (5) years standing; and iii) five (5) members,
each of whom shall be, or has previously been, a sports
administrator or an Athlete. Anti-Doping Disciplinary Panel has
jurisdiction to hear and determine whether an Athlete or other
Person, subject to these Anti-Doping Rules, has committed an
anti-doping rule violation and, if applicable, to impose relevant
Consequences.

• NADA shall ensure that the Anti-Doping Disciplinary Panel is free


of conflict of interest and that its composition, term of office,
professional experience, Operational Independence and
adequate financing comply with the requirements of International
Standard for Results Management.

• Board members, staff members, commission members,


consultants and officials of NADA or its bodies, as well as any
Person involved in the investigation and pre-adjudication of the
matter, cannot be appointed as members and/or clerks (to the
extent that such clerk is involved in the deliberation process
and/or drafting of any decision) of Anti-Doping Disciplinary Panel.
In particular, no member shall have previously considered any
TUE application, Results Management decision, or appeals in
the same given case.
8.1.1.4 Each member shall be appointed by taking into consideration
their requisite anti-doping experience including their legal, sports,
medical and/or scientific expertise. Each member shall be
appointed for a term of two (2) years.

8.1.1.5 Anti-Doping Disciplinary Panel shall be in a position to conduct


the hearing and decision-making process without interference
from NADA or any third party.

8.1.2 Hearing Process

8.1.2.1 When NADA sends a notice to an Athlete or other Person


notifying them of a potential anti-doping rule violation, and the
Athlete or other Person does not waive a hearing in accordance
with Article 8.3.1 or Article 8.3.2, then the case shall be referred
to the Convenor/ Co-Convenor who shall decide the composition
of a particular Anti-Doping Disciplinary Panel (hearing panel)
amongst the Pool of Members for hearing and adjudication of
that case, which shall be conducted in accordance with the
principles described in Articles 8 and 9 of the International
Standard for Results Management.

8.1.2.2 The composition of particular Anti-Doping Disciplinary Panel


(hearing panel) may vary depending on the nature of charge and
evidences. The hearing panel shall comprise of three (3)
independent persons from the pool of hearing members including
one (1) Chair and two (2) Members subject to the condition that
one such person shall be a legal member and a one medical
member.

8.1.2.3 Upon composition of particular Anti-Doping Disciplinary Panel


(hearing panel) by the Convenor/ Co-Convenor, each member
including the Chair must also sign a declaration that there are no
facts or circumstances known to him or her which might call into
question their impartiality in the eyes of any of the parties, other
than those circumstances disclosed in the declaration.

8.1.2.4 Hearings held in connection with Events in respect to Athletes


and other Persons who are subject to these Anti-Doping Rules
may be conducted by an expedited process where permitted by
the particular Anti-Doping Disciplinary Panel (hearing panel).

8.1.2.5 WADA, the International Federation, and the National Federation


of the Athlete or other Person may attend the hearing as
observers. In any event, NADA shall keep them fully apprised as
to the status of pending cases and the result of all hearings.

8.2 Notice of Decisions

8.2.1 At the end of the hearing, or promptly thereafter, the Anti-Doping


Disciplinary Panel shall issue a written decision that conforms with Article 9
of the International Standard for Results Management and which includes
the full reasons for the decision, the period of Ineligibility imposed, the
Disqualification of results under Article 10.10 and, if applicable, a
justification for why the greatest potential Consequences were not
imposed.

8.2.2 NADA shall notify that decision to the Athlete or other Person and to other
Anti-Doping Organizations with a right to appeal under Article 13.2.3, and
shall promptly report it into ADAMS. The decision may be appealed as
provided in Article 13.

8.3 Waiver of Hearing

8.3.1 An Athlete or other Person against whom an anti-doping rule violation is


asserted may waive a hearing expressly and agree with the Consequences
proposed by NADA.

8.3.2 However, if the Athlete or other Person against whom an anti-doping rule
violation is asserted fails to dispute that assertion within fifteen (15) days or
the deadline otherwise specified in the notice sent by the NADA asserting the
violation, then they shall be deemed to have waived a hearing, to have
admitted the violation, and to have accepted the proposed Consequences.

8.3.3 In cases where Article 8.3.1 or 8.3.2 applies, a hearing before Anti-Doping
Disciplinary Panel shall not be required. Instead NADA shall promptly issue a
written decision that conforms with Article 9 of the International Standard for
Results Management and which includes the full reasons for the decision,
the period of Ineligibility imposed, the Disqualification of results under
Article 10.10 and, if applicable, a justification for why the greatest potential
Consequences were not imposed.

8.3.4 NADA shall notify that decision to the Athlete or other Person and to other
Anti-Doping Organizations with a right to appeal under Article 13.2.3, and
shall promptly report it into ADAMS. NADA shall Publicly Disclose that
decision in accordance with Article 14.3.2.

8.4 Single Hearing Before CAS

Anti-doping rule violations asserted against International-Level Athletes, National-


Level Athletes or other Persons may, with the consent of the Athlete or other Person,
NADA (where it has Results Management responsibility in accordance with Article 7)
and WADA, be heard in a single hearing directly at CAS.

ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation 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 the Event during which an Anti-Doping Rule


Violation Occurs

10.1.1 An anti-doping rule violation occurring during or in connection with an Event


may, upon the decision of the ruling body of the Event, lead to
Disqualification of all of the Athlete's individual results obtained in that
Event with all Consequences, including forfeiture of all medals, points and
prizes, except as provided in Article 10.1.2.

Factors to be included in considering whether to Disqualify other results in an


Event might include, for example, the seriousness of the Athlete’s anti-doping
rule violation and whether the Athlete tested negative in the other
Competitions.

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

10.2 Ineligibility for Presence, Use or Attempted Use or Possession of a Prohibited


Substance or Prohibited Method

The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to
potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7:

10.2.1 The period of Ineligibility, subject to Article 10.2.4, shall be four (4) years
where:

10.2.1.1 The anti-doping rule violation does not involve a Specified


Substance or a Specified Method, unless the Athlete or other
Person can establish that the anti-doping rule violation was not
intentional.

10.2.1.2 The anti-doping rule violation involves a Specified Substance or


a Specified Method and NADA can establish that the anti-doping
rule violation was intentional.

10.2.2 If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of
Ineligibility shall be two (2) years.

10.2.3 As used in Article 10.2, the term “intentional” is meant to identify those
Athletes or other Persons who engage in conduct which they knew
constituted an anti-doping rule violation or knew that there was a significant
risk that the conduct might constitute or result in an anti-doping rule
violation and manifestly disregarded that risk. An anti-doping rule violation
resulting from an Adverse Analytical Finding for a substance which is only
prohibited In-Competition shall be rebuttably presumed to be not
“intentional” if the substance is a Specified Substance and the Athlete can
establish that the Prohibited Substance was Used Out-of-Competition. An
anti-doping rule violation resulting from an Adverse Analytical Finding for a
substance which is only prohibited In-Competition shall not be considered
"intentional" if the substance is not a Specified Substance and the Athlete
can establish that the Prohibited Substance was Used Out-of-Competition
in a context unrelated to sport performance.

10.2.4 Notwithstanding any other provision in Article 10.2, where the anti-doping
rule violation involves a Substance of Abuse:

10.2.4.1 If the Athlete can establish that any ingestion or Use occurred
Out-of-Competition and was unrelated to sport performance, then
the period of Ineligibility shall be three (3) months Ineligibility.

In addition, the period of Ineligibility calculated under this Article


10.2.4.1 may be reduced to one (1) month if the Athlete or other
Person satisfactorily completes a Substance of Abuse treatment
program approved by NADA. The period of Ineligibility
established in this Article 10.2.4.1 is not subject to any reduction
based on any provision in Article 10.6.
10.2.4.2 If the ingestion, Use or Possession occurred In-Competition, and
the Athlete can establish that the context of the ingestion, Use or
Possession was unrelated to sport performance, then the
ingestion, Use or Possession shall not be considered intentional
for purposes of Article 10.2.1 and shall not provide a basis for a
finding of Aggravating Circumstances under Article 10.4.

10.3 Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2
shall be as follows, unless Article 10.6 or 10.7 are applicable:

10.3.1 For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4)
years except: (i) in the case of failing to submit to Sample collection, if the
Athlete can establish that the commission of the anti-doping rule violation
was not intentional, the period of Ineligibility shall be two (2) years; (ii) in all
other cases, if the Athlete or other Person can establish exceptional
circumstances that justify a reduction of the period of Ineligibility, the period
of Ineligibility shall be in a range from two (2) years to four (4) years
depending on the Athlete or other Person’s degree of Fault; or (iii) in a case
involving a Protected Person or Recreational Athlete, the period of
Ineligibility shall be in a range between a maximum of two (2) years and, at
a minimum, a reprimand and no period of Ineligibility, depending on the
Protected Person or Recreational Athlete’s degree of Fault.

10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two (2) years,
subject to reduction down to a minimum of one (1) year, depending on the
Athlete’s degree of Fault. The flexibility between two (2) years and one (1)
year of Ineligibility in this Article is not available to Athletes where a pattern
of last-minute whereabouts changes or other conduct raises a serious
suspicion that the Athlete was trying to avoid being available for Testing.

10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a
minimum of four (4) years up to lifetime Ineligibility, depending on the
seriousness of the violation. An Article 2.7 or Article 2.8 violation involving a
Protected Person shall be considered a particularly serious violation and, if
committed by Athlete Support Personnel for violations other than for
Specified Substances, shall result in lifetime Ineligibility for Athlete Support
Personnel. In addition, significant violations of Article 2.7 or 2.8 which may
also violate non-sporting laws and regulations, shall be reported to the
competent administrative, professional or judicial authorities.

10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a
minimum of two (2) years, up to lifetime Ineligibility, depending on the
seriousness of the violation.

10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two (2) years,
subject to reduction down to a minimum of one (1) year, depending on the
Athlete or other Person’s degree of Fault and other circumstances of the
case.

10.3.6 For violations of Article 2.11, the period of Ineligibility shall be a minimum of
two (2) years, up to lifetime Ineligibility, depending on the seriousness of
the violation by the Athlete or other Person.

10.4 Aggravating Circumstances which may Increase the Period of Ineligibility

If NADA establishes in an individual case involving an anti-doping rule violation other than
violations under Article 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or
Attempted Administration), 2.9 (Complicity or Attempted Complicity) or 2.11 (Acts by an
Athlete or Other Person to Discourage or Retaliate Against Reporting) 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
by an additional period of Ineligibility of up to two (2) years depending on the seriousness of
the violation and the nature of the Aggravating Circumstances, unless the Athlete or other
Person can establish that he or she did not knowingly commit the anti-doping rule violation.

10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence

If an Athlete or other Person establishes in an individual case that he or she bears No Fault or
Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.
10.6 Reduction of the Period of Ineligibility based on No Significant Fault or
Negligence

10.6.1 Reduction of Sanctions in Particular Circumstances for Violations of Article


2.1, 2.2 or 2.6.

All reductions under Article 10.6.1 are mutually exclusive and not cumulative.

10.6.1.1 Specified Substances or Specified Methods

Where the anti-doping rule violation involves a Specified Substance (other


than a Substance of Abuse) or Specified Method, and the Athlete or other
Person can establish No Significant Fault or Negligence, then the period of
Ineligibility shall be, at a minimum, a reprimand and no period of
Ineligibility, and at a maximum, two (2) years of Ineligibility, depending on
the Athlete’s or other Person’s degree of Fault.

10.6.1.2 Contaminated Products

In cases where the Athlete or other Person can establish both No


Significant Fault or Negligence and that the detected Prohibited Substance
(other than a Substance of Abuse) came from a Contaminated Product,
then the period of Ineligibility shall be, at a minimum, a reprimand and no
period of Ineligibility, and at a maximum, two (2) years Ineligibility,
depending on the Athlete or other Person’s degree of Fault.

10.6.1.3 Protected Persons or Recreational Athletes

Where the anti-doping rule violation not involving a Substance of Abuse is


committed by a Protected Person or Recreational Athlete, and the
Protected Person or Recreational Athlete can establish No Significant Fault
or Negligence, then the period of Ineligibility shall be, at a minimum, a
reprimand and no period of Ineligibility, and at a maximum, two (2) years
Ineligibility, depending on the Protected Person or Recreational Athlete’s
degree of Fault.

10.6.2 Application of No Significant Fault or Negligence beyond the Application of


Article 10.6.1

If an Athlete or other Person establishes in an individual case where Article 10.6.1 is


not applicable, that he or she bears No Significant Fault or Negligence, then, subject
to further reduction or elimination as provided in Article 10.7, the otherwise applicable
period of Ineligibility may be reduced based on the Athlete or other Person’s degree
of Fault, 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 Article may be no less than
eight (8) years.
10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or other
Consequences for Reasons other than Fault

10.7.1 Substantial Assistance in Discovering or Establishing Code Violations

10.7.1.1 NADA may, prior to an appellate decision under Article 13 or the


expiration of the time to appeal, suspend a part of the
Consequences (other than Disqualification and mandatory Public
Disclosure) imposed in an individual case where the Athlete or
other Person has provided Substantial Assistance to an Anti-
Doping Organization, criminal authority or professional
disciplinary body which results in: (i) the Anti-Doping
Organization discovering or bringing forward an anti-doping rule
violation by another Person; or (ii) which results in a criminal or
disciplinary body discovering or bringing forward a criminal
offense or the breach of professional rules committed by another
Person and the information provided by the Person providing
Substantial Assistance is made available to NADA or other Anti-
Doping Organization with Results Management responsibility; or
(iii) which results in WADA initiating a proceeding against a
Signatory, WADA-accredited laboratory, or Athlete passport
management unit (as defined in the International Standard for
Laboratories) for non-compliance with the Code, International
Standard or Technical Document; or (iv) with the approval by
WADA, which results in a criminal or disciplinary body bringing
forward a criminal offense or the breach of professional or sport
rules arising out of a sport integrity violation other than doping.
After an appellate decision under Article 13 or the expiration of
time to appeal, NADA may only suspend a part of the otherwise
applicable Consequences with the approval of WADA and the
applicable International Federation.

The extent to which the otherwise applicable period of Ineligibility


may be suspended shall be based on the seriousness of the anti-
doping rule 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, non-compliance with the Code and/or sport integrity
violations. 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 eight
(8) years. For purposes of this paragraph, the otherwise
applicable period of Ineligibility shall not include any period of
Ineligibility that could be added under Article 10.9.3.2 of these
Anti-Doping Rules.

If so requested by an Athlete or other Person who seeks to


provide Substantial Assistance, NADA shall allow the Athlete or
other Person to provide the information to it subject to a Without
Prejudice Agreement.

If the Athlete or other Person fails to continue to cooperate and to


provide the complete and credible Substantial Assistance upon
which a suspension of Consequences was based, NADA shall
reinstate the original Consequences. If NADA decides to
reinstate suspended Consequences or decides not to reinstate
suspended Consequences, that decision may be appealed by
any Person entitled to appeal under Article 13.
10.7.1.2 To further encourage Athletes and other Persons to provide
Substantial Assistance to Anti-Doping Organizations, at the
request of NADA or at the request of the Athlete or other Person
who has, or has been asserted to have, committed an anti-
doping rule violation, or other violation of the Code, WADA may
agree at any stage of the Results Management process,
including after an appellate decision under Article 13, to what it
considers to be an appropriate suspension of the otherwise-
applicable period of Ineligibility and other Consequences. In
exceptional circumstances, WADA may agree to suspensions of
the period of Ineligibility and other Consequences for Substantial
Assistance greater than those otherwise provided in this Article,
or even no period of Ineligibility, no mandatory Public Disclosure
and/or no return of prize money or payment of fines or costs.
WADA’s approval shall be subject to reinstatement of
Consequences, as otherwise provided in this Article.
Notwithstanding Article 13, WADA’s decisions in the context of
this Article 10.7.1.2 may not be appealed.

10.7.1.3 If NADA suspends any part of an otherwise applicable sanction


because of Substantial Assistance, then notice providing
justification for the decision shall be provided to the other Anti-
Doping Organizations with a right to appeal under Article 13.2.3
as provided in Article 14.2. In unique circumstances where
WADA determines that it would be in the best interest of anti-
doping, WADA may authorize NADA to enter into appropriate
confidentiality agreements limiting or delaying the disclosure of
the Substantial Assistance agreement or the nature of
Substantial Assistance being provided.

10.7.2 Admission of an Anti-Doping Rule Violation in the Absence of Other


Evidence

Where an Athlete or other Person voluntarily admits the commission of an anti-doping


rule violation before having received notice of a Sample collection which could
establish an anti-doping rule violation (or, in the case of an anti-doping rule 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.

10.7.3 Application of Multiple Grounds for Reduction of a Sanction

Where an Athlete or other Person establishes entitlement to reduction in sanction


under more than one provision of Article 10.5, 10.6 or 10.7, before applying any
reduction or suspension under Article 10.7, the otherwise applicable period of
Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5, and 10.6.
If the Athlete or other Person establishes entitlement to a reduction or suspension of
the period of Ineligibility under Article 10.7, then the period of Ineligibility may be
reduced or suspended, but not below one-fourth of the otherwise applicable period of
Ineligibility.

10.8 Results Management Agreements

10.8.1 One (1) Year Reduction for Certain Anti-Doping Rule Violations Based on
Early Admission and Acceptance of Sanction

Where an Athlete or other Person, after being notified by NADA of a potential anti-
doping rule violation that carries an asserted period of Ineligibility of four (4) or more
years (including any period of Ineligibility asserted under Article 10.4), admits the
violation and accepts the asserted period of Ineligibility no later than twenty (20) days
after receiving notice of an anti-doping rule violation charge, the Athlete or other
Person may receive a one (1) year reduction in the period of Ineligibility asserted by
NADA. Where the Athlete or other Person receives the one (1) year reduction in the
asserted period of Ineligibility under this Article 10.8.1, no further reduction in the
asserted period of Ineligibility shall be allowed under any other Article.

10.8.2 Case Resolution Agreement

Where the Athlete or other Person admits an anti-doping rule violation after being
confronted with the anti-doping rule violation by NADA and agrees to Consequences
acceptable to NADA and WADA, at their sole discretion, then: (a) the Athlete or other
Person may receive a reduction in the period of Ineligibility based on an assessment
by NADA and WADA of the application of Articles 10.1 through 10.7 to the asserted
anti-doping rule violation, the seriousness of the violation, the Athlete or other
Person’s degree of Fault and how promptly the Athlete or other Person admitted the
violation; and (b) the period of Ineligibility may start as early as the date of Sample
collection or the date on which another anti-doping rule 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 agreed-upon period of Ineligibility going forward from the
earlier of the date the Athlete or other Person accepted the imposition of a sanction or
a Provisional Suspension which was subsequently respected by the Athlete or other
Person. The decision by WADA and NADA to enter or not enter into a case resolution
agreement, and the amount of the reduction to, and the starting date of the period of
Ineligibility, are not matters for determination or review by a hearing body and are not
subject to appeal under Article 13.

If so requested by an Athlete or other Person who seeks to enter into a case


resolution agreement under this Article, NADA shall allow the Athlete or other Person
to discuss an admission of the anti-doping rule violation with it subject to a Without
Prejudice Agreement.

10.9 Multiple Violations

10.9.1 Second or Third Anti-Doping Rule Violation

10.9.1.1 For an Athlete or other Person’s second anti-doping rule


violation, the period of Ineligibility shall be the greater of:

a. A six (6) month period of Ineligibility; or

a. A period of Ineligibility in the range between:

(i) the sum of the period of Ineligibility imposed for the first
anti-doping rule violation plus the period of Ineligibility
otherwise applicable to the second anti-doping rule
violation treated as if it were a first violation, and

(ii) twice the period of Ineligibility otherwise applicable to the


second anti-doping rule violation treated as if it were a
first violation.

The period of Ineligibility within this range shall be


determined based on the entirety of the circumstances
and the Athlete or other Person’s degree of Fault with
respect to the second violation.
10.9.1.2 A third anti-doping rule violation will always result in a lifetime
period of Ineligibility, except if the third violation fulfills the
condition for elimination or reduction of the period of Ineligibility
under Article 10.5 or 10.6, or involves a violation of Article 2.4. In
these particular cases, the period of Ineligibility shall be from
eight (8) years to lifetime Ineligibility.

10.9.1.3 The period of Ineligibility established in Articles 10.9.1.1 and


10.9.1.2 may then be further reduced by the application of Article
10.7.

10.9.2 An anti-doping rule violation for which an Athlete or other Person has
established No Fault or Negligence shall not be considered a violation for
purposes of this Article 10.9. In addition, an anti-doping rule violation
sanctioned under Article 10.2.4.1 shall not be considered a violation for
purposes of Article 10.9.

10.9.3 Additional Rules for Certain Potential Multiple Violations

10.9.3.1 For purposes of imposing sanctions under Article 10.9, except as


provided in Articles 10.9.3.2 and 10.9.3.3, an anti-doping rule
violation will only be considered a second violation if NADA can
establish that the Athlete or other Person committed the
additional anti-doping rule violation after the Athlete or other
Person received notice pursuant to Article 7, or after NADA made
reasonable efforts to give notice of the first anti-doping rule
violation. If NADA 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, including the application of Aggravating
Circumstances. Results in all Competitions dating back to the
earlier anti-doping rule violation will be Disqualified as provided in
Article 10.10.

10.9.3.2 If NADA establishes that an Athlete or other Person committed


an additional anti-doping rule violation prior to notification, and
that the additional violation occurred twelve (12) months or more
before or after the first-noticed violation, then the period of
Ineligibility for the additional violation shall be calculated as if the
additional violation were a stand-alone first violation and this
period of Ineligibility is served consecutively, rather than
concurrently, with the period of Ineligibility imposed for the
earlier-noticed violation. Where this Article 10.9.3.2 applies, the
violations taken together shall constitute a single violation for
purposes of Article 10.9.1.

10.9.3.3 If NADA establishes that an Athlete or other Person committed a


violation of Article 2.5 in connection with the Doping Control
process for an underlying asserted anti-doping rule violation, the
violation of Article 2.5 shall be treated as a stand-alone first
violation and the period of Ineligibility for such violation shall be
served consecutively, rather than concurrently, with the period of
Ineligibility, if any, imposed for the underlying anti-doping rule
violation. Where this Article 10.9.3.3 is applied, the violations
taken together shall constitute a single violation for purposes of
Article 10.9.1.

10.9.3.4 If NADA establishes that an Athlete or other Person has


committed a second or third anti-doping rule violation during a
period of Ineligibility, the periods of Ineligibility for the multiple
violations shall run consecutively, rather than concurrently.

10.9.4 Multiple Anti-Doping Rule Violations during Ten (10) Year Period

For purposes of Article 10.9, each anti-doping rule violation must take place within the
same ten (10) year period in order to be considered multiple violations.

10.10 Disqualification of Results in Competitions Subsequent to Sample Collection or


Commission of an Anti-Doping Rule Violation

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

10.11 Forfeited Prize Money

If NADA recovers prize money forfeited as a result of an anti-doping rule violation, it shall take
reasonable measures to allocate and distribute this prize money to the Athletes who would
have been entitled to it had the forfeiting Athlete not competed.
10.12 Financial Consequences

10.12.1 Where an Athlete or other Person commits an anti-doping rule violation,


NADA may, in its discretion and subject to the principle of proportionality,
elect to (a) recover from the Athlete or other Person costs associated with
the anti-doping rule violation, regardless of the period of Ineligibility
imposed and/or (b) fine the Athlete or other Person in an amount up to Rs.
50,000, only in cases where the maximum period of Ineligibility otherwise
applicable has already been imposed.

10.12.2 The imposition of a financial sanction or the NADA's recovery of costs shall
not be considered a basis for reducing the Ineligibility or other sanction
which would otherwise be applicable under these Anti-Doping Rules.

10.13 Commencement of Ineligibility Period

Where an Athlete is already serving a period of Ineligibility for an anti-doping rule violation,
any new period of Ineligibility shall commence on the first day after the current period of
Ineligibility has been served. Otherwise, except as provided below, the period of Ineligibility
shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is
waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.

10.13.1 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, and the Athlete or other Person can establish that such delays are
not attributable to the Athlete or other Person, NADA or Anti-Doping Disciplinary
Panel, if applicable, 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
rule violation last occurred. All competitive results achieved during the period of
Ineligibility, including retroactive Ineligibility, shall be Disqualified.
10.13.2 Credit for Provisional Suspension or Period of Ineligibility Served

10.13.2.1 If a Provisional Suspension is respected by the Athlete or other


Person, then the Athlete or other Person shall receive a credit
for such period of Provisional Suspension against any period of
Ineligibility which may ultimately be imposed. If the Athlete or
other Person does not respect a Provisional Suspension, then
the Athlete or other Person shall receive no credit for any period
of Provisional Suspension served. If a period of Ineligibility is
served pursuant to a decision that is subsequently appealed,
then the Athlete or other Person shall receive a credit for such
period of Ineligibility served against any period of Ineligibility
which may ultimately be imposed on appeal.

10.13.2.2 If an Athlete or other Person voluntarily accepts a Provisional


Suspension in writing from NADA and thereafter respects the
Provisional Suspension, the Athlete or other Person 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 or other Person’s
voluntary acceptance of a Provisional Suspension shall be
provided promptly to each party entitled to receive notice of an
asserted anti-doping rule violation under Article 14.1.

10.13.2.3 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 a team.

10.13.2.4 In Team Sports, where a period of Ineligibility is imposed upon a


team, unless fairness requires otherwise, the period of
Ineligibility shall start on the date of the final hearing decision
providing for Ineligibility or, if the hearing is waived, on the date
Ineligibility is accepted or otherwise imposed. Any period of
team Provisional Suspension (whether imposed or voluntarily
accepted) shall be credited against the total period of Ineligibility
to be served.

10.14 Status During Ineligibility or Provisional Suspension

10.14.1 Prohibition Against Participation During Ineligibility or Provisional


Suspension

No Athlete or other Person who has been declared Ineligible or is subject to a


Provisional Suspension may, during a period of Ineligibility or Provisional Suspension,
participate in any capacity in a Competition or activity (other than authorized anti-
doping Education or rehabilitation programs) authorized or organized by any
Signatory, Signatory's member organization, or a club or other member organization
of a Signatory’s member organization, or in Competitions authorized or organized by
any professional league or any international- or national-level Event organization or
any elite or national-level sporting activity funded by a governmental agency.

An Athlete or other Person subject to a period of Ineligibility longer than four (4) years
may, after completing four (4) years of the period of Ineligibility, participate as an
Athlete in local sport events not sanctioned or otherwise under the authority of a
Code Signatory or member of a Code Signatory, but only so long as the local sport
event is not at a level that could otherwise qualify such Athlete or other Person
directly or indirectly to compete in (or accumulate points toward) a national
championship or International Event, and does not involve the Athlete or other Person
working in any capacity with Protected Persons.

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


Testing and any requirement by NADA to provide whereabouts information.

10.14.2 Return to Training

As an exception to Article 10.14.1, an Athlete may return to train with a team or to use
the facilities of a club or other member organization of NADA’s or other Signatory’s
member organization during the shorter of: (1) the last two months of the Athlete’s
period of Ineligibility, or (2) the last one-quarter of the period of Ineligibility imposed.

10.14.3 Violation of the Prohibition of Participation During Ineligibility or Provisional


Suspension

Where an Athlete or other Person who has been declared Ineligible violates the
prohibition against participation during Ineligibility described in Article 10.14.1, the results
of such participation shall be Disqualified and a new period of Ineligibility equal in length
to the original period of Ineligibility shall be added to the end of the original period of
Ineligibility. The new period of Ineligibility, including a reprimand and no period of
Ineligibility, may be adjusted based on the Athlete or other Person’s degree of Fault and
other circumstances of the case. The determination of whether an Athlete or other
Person has violated the prohibition against participation, and whether an adjustment is
appropriate, shall be made by the Anti-Doping Organization whose Results
Management led to the imposition of the initial period of Ineligibility. This decision may
be appealed under Article 13.

An Athlete or other Person who violates the prohibition against participation during a
Provisional Suspension described in Article 10.14.1 shall receive no credit for any
period of Provisional Suspension served and the results of such participation shall be
Disqualified.

Where an Athlete Support Person or other Person assists a Person in violating the
prohibition against participation during Ineligibility or a Provisional Suspension, NADA
shall impose sanctions for a violation of Article 2.9 for such assistance.

10.14.4 Withholding of Financial Support during Ineligibility

In addition, for any anti-doping rule violation not involving a reduced sanction as
described in Article 10.5 or 10.6, some or all sport-related financial support or other
sport-related benefits received by such Person will be withheld by NADA, the
Government of India, the National Olympic Committee of India, the National Paralympic
Committee of India and the National Federations.

10.15 Automatic Publication of Sanction

A mandatory part of each sanction shall include automatic publication, as provided in Article
14.3.

ARTICLE 11 CONSEQUENCES TO TEAMS

11.1 Testing of Team Sports


Where more than one (1) member of a team in a Team Sport has been notified of an anti-
doping rule violation under Article 7 in connection with an Event, the ruling body for the Event
shall conduct appropriate Target Testing of the team during the Event Period.

11.2 Consequences for Team Sports

If more than two (2) members of a team in a Team Sport are found to have committed an anti-
doping rule 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
Athletes committing the anti-doping rule violation.

11.3 Event Ruling Body may Establish Stricter Consequences for Team Sports

The ruling body for an Event may elect to establish rules for the Event which impose
Consequences for Team Sports stricter than those in Article 11.2 for purposes of the Event.

ARTICLE 12 SANCTIONS BY NADA AGAINST OTHER SPORTING BODIES

12.1 NADA has the authority to request the relevant public authorities to withhold some or all
funding or other non-financial support to National Federations that are not in compliance with
these Anti-Doping Rules.

12.2 NADA may at its discretion elect to request the National Olympic Committee of India to
take additional disciplinary action against National Federations with respect to recognition, the
eligibility of its officials and Athletes to participate in International Events and fines based on
the following:

12.2.1 The total number of Anti-Doping Rules violations shall not be more than 1
percent of the total sample collection (other than violations involving Article 2.4) which
are committed by Athletes or other Persons affiliated with a National Federation
within a 12-month period.

12.2.2 More than one Athlete or other Person from a National Federation commits
an Anti-Doping Rule violation during an International Event.

12.2.3 A National Federation has failed to make diligent efforts to keep NADA
informed about an Athlete's whereabouts after receiving a request for that
information from NADA.

12.2.4 Three or more failure of National Federation to comply with Article 18.

ARTICLE 13 RESULTS MANAGEMENT: APPEALS

13.1 Decisions Subject to Appeal

Decisions made under the Code or these Anti-Doping Rules may be appealed as set forth
below in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the
Code or the International Standards. Such decisions shall remain in effect while under appeal
unless the appellate body orders otherwise.

13.1.1 Scope of Review Not Limited


The scope of review on appeal includes all issues relevant to the matter and is
expressly not limited to the issues or scope of review before the initial decision
maker. Any party to the appeal may submit evidence, legal arguments and claims
that were not raised in the first instance hearing so long as they arise from the same
cause of action or same general facts or circumstances raised or addressed in the
first instance hearing.

13.1.2 CAS Shall Not Defer to the Findings Being Appealed

In making its decision, CAS shall not give deference to the discretion exercised by the
body whose decision is being appealed.

13.1.3 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 NADA’s process, WADA may appeal such decision directly to
CAS without having to exhaust other remedies in NADA’s process.

13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations,


Consequences, Provisional Suspensions, Implementation of Decisions and
Authority

A decision that an anti-doping rule violation was committed, a decision imposing


Consequences or not imposing Consequences for an anti-doping rule violation, or a decision
that no anti-doping rule violation was committed; a decision that an anti-doping rule violation
proceeding cannot go forward for procedural reasons (including, for example, prescription); a
decision by WADA not to grant an exception to the six (6) months notice requirement for a
retired Athlete to return to Competition under Article 5.6.1; a decision by WADA assigning
Results Management under Article 7.1 of the Code; a decision by NADA not to bring forward
an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a
decision not to go forward with an anti-doping rule violation after an investigation in
accordance with the International Standard for Results Management; a decision to impose, or
lift, a Provisional Suspension as a result of a Provisional Hearing; NADA’s failure to comply
with Article 7.4; a decision that NADA lacks authority to rule on an alleged anti-doping rule
violation or its Consequences; a decision to suspend, or not suspend, Consequences or to
reinstate, or not reinstate, Consequences under Article 10.7.1; failure to comply with Articles
7.1.4 and 7.1.5 of the Code; failure to comply with Article 10.8.1; a decision under Article
10.14.3; a decision by NADA not to implement another Anti-Doping Organization’s decision
under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively
as provided in this Article 13.2.

13.2.1 Appeals Involving International-Level Athletes or International Events

In cases arising from participation in an International Event or in cases involving


International-Level Athletes, the decision may be appealed exclusively to CAS.

13.2.2 Appeals Involving National Level Athletes or Other Persons

In cases where Article 13.2.1 is not applicable, the decision may be appealed to the
National Anti-Doping Appeal Panel. The appeal process shall be carried out in
accordance with the International Standard for Results Management.

13.2.2.1 Hearings before the National Anti-Doping Appeal Panel


13.2.2.1.1 The Chairman/Vice Chairman of the Governing Body
of NADA shall appoint an independent National Anti-
Doping Appeal Panel which will comprise of the
following: i) A Chair and one (1) Vice Chair, each of
whom shall be legal practitioners of not less than
fifteen (15) years standing, ii) Two (2) medical
practitioners of not less than fifteen (15) years
standing; and iii) Two (2) additional members, each of
whom shall be, or has previously been, a sports
administrator or an Athlete.

13.2.2.1.2 Each member shall be appointed by taking into


consideration their requisite anti-doping experience
including their legal, sports, medical and/or scientific
expertise. Each member shall be appointed for a term
of two (2) years.

13.2.2.1.3 The appointed members shall be Operationally and


Institutionally Independent from NADA. Board
members, staff members, commission members,
consultants and officials of NADA or its affiliates (such
as a Delegated Third Party), as well as any Person
involved in the investigation, pre-adjudication or
Results Management of the matter, cannot be
appointed as members and/or clerks of the National
Anti-Doping Appeal Panel. In particular, no member
shall have previously considered any TUE application,
Results Management decision, first instance, or appeal
involving the same Athlete in a given case.

13.2.2.1.4 National Anti-Doping Appeal Panel shall be in a


position to conduct the hearing and decision-making
process without interference from NADA or any third
party.

13.2.2.1.5 If a member appointed by the Chair to hear a case is


unwilling or unable, for whatever reason, to hear the
case, the Chair may appoint a replacement or appoint
a new hearing panel.

13.2.2.1.6 The National Anti-Doping Appeal Panel has the power,


at its absolute discretion, to appoint an expert to assist
or advise the panel.

13.2.2.1.7 The International Federation, the National Federation


concerned, the National Olympic Committee, if not a
party (or parties) to the proceedings, and WADA each
have the right to attend hearings of the National Anti-
Doping Appeal Panel as an observer.

13.2.2.1.8 Hearings pursuant to this Article should be completed


as expeditiously as possible. Hearings held in
connection with Events may be conducted on an
expedited basis.

13.2.2.2 Proceedings of the National Anti-Doping Appeal Panel

13.2.2.2.1 The proceedings of the National Anti-Doping Appeal


Panel shall respect the principles described in Articles
8, 9, and 10 of the International Standard for Results
Management.

13.2.2.2.2 The Chair shall appoint three (3) members (which may
include the Chair) to hear the appeal. When hearing an
appeal, one (1) panel member shall be a qualified
lawyer, with no less than fifteen (15) years of relevant
legal experience, and one (1) panel member shall be a
qualified medical practitioner, with no less than fifteen
(15) years of relevant medical experience and one (1)
sports administrator or an Athlete member.

13.2.2.2.3 Upon appointment by the Chair as a member of an


National Anti-Doping Appeal Panel, each member
must also sign a declaration that there are no facts or
circumstances known to him or her which might call
into question their impartiality in the eyes of any of the
parties, other than those circumstances disclosed in
the declaration.

13.2.2.2.4 The appellant shall present his/her case and the


respondent party or parties shall present his/her/their
case(s) in reply.

13.2.2.2.5 If any party or his/her representative fail to attend a


hearing after notification, the hearing may nevertheless
proceed.

13.2.2.2.6 Each party shall have the right to be represented by


counsel at a hearing at that party’s own expense.

13.2.2.2.7 Each party shall have the right to an interpreter at the


hearing at that party’s expense.

13.2.2.2.8 Each party to the proceedings has the right to access


and present relevant evidence, to submit written and
oral submissions, and to call and examine witnesses.

13.2.2.3 Decisions of the National Anti-Doping Appeal Panel

13.2.2.3.1 At the end of the hearing, or promptly thereafter, the


National Anti-Doping Appeal Panel shall issue a
written, dated and signed decision that respects the
principles of Article 9 of the International Standard for
Results Management.

13.2.2.3.2 The decision shall notably include the full reasons for
the decision and for any period of Ineligibility imposed,
including (if applicable) a justification for why the
maximum potential sanction was not imposed.

13.2.2.3.3 NADA shall notify the decision to the Athlete or other


Person, to his or her National Federation, and to Anti-
Doping Organizations with a right to appeal under
Article 13.2.3, and shall promptly report it into ADAMS.

13.2.2.3.4 The decision may be appealed as provided in Article


13.2.3 and Publicly Disclosed as provided in Article
14.3.
13.2.3 Persons Entitled to Appeal

13.2.3.1 Appeals Involving International-Level Athletes or International


Events

In cases under Article 13.2.1, the following parties shall have the right to
appeal to CAS: (a) the Athlete or other Person who is the subject of the
decision being appealed; (b) the other party to the case in which the
decision was rendered; (c) the relevant International Federation; (d) NADA
and (if different) the National Anti-Doping Organization of the Person’s
country of residence or countries where the Person is a national or license
holder; (e) the International Olympic Committee or International Paralympic
Committee, as applicable, where the decision may have an effect in
relation to the Olympic Games or Paralympic Games, including decisions
affecting eligibility for the Olympic Games or Paralympic Games; and (f)
WADA.

13.2.3.2 Appeals Involving Other Athletes or Other Persons

In cases under Article 13.2.2, the following parties shall have the right to
appeal: (a) the Athlete or other Person who is the subject of the decision
being appealed; (b) the other party to the case in which the decision was
rendered; (c) the relevant International Federation; (d) NADA and (if
different) the National Anti-Doping Organization of the Person’s country of
residence or countries where the Person is a national or license holder; (e)
the International Olympic Committee or International Paralympic
Committee, as applicable, where the decision may have an effect in
relation to the Olympic Games or Paralympic Games, including decisions
affecting eligibility for the Olympic Games or Paralympic Games; and
(f) WADA.

For cases under Article 13.2.2, WADA, the International Olympic


Committee, the International Paralympic Committee, and the relevant
International Federation shall also have the right to appeal to CAS with
respect to the decision of the National Anti-Doping Appeal Panel.

Any party filing an appeal shall be entitled to assistance from CAS to obtain
all relevant information from the Anti-Doping Organization whose decision
is being appealed and the information shall be provided if CAS so directs.

13.2.3.3 Duty to Notify

All parties to any CAS appeal must ensure that WADA and all other parties
with a right to appeal have been given timely notice of the appeal.

13.2.3.4 Appeal from Imposition of Provisional Suspension

Notwithstanding any other provision herein, the only Person who may
appeal from the imposition of a Provisional Suspension is the Athlete or
other Person upon whom the Provisional Suspension is imposed.

13.2.3.5 Appeal from Decisions under Article 12

Decisions by NADA pursuant to Article 12 may be appealed exclusively to


CAS by the National Federation or other body.

13.2.4 Cross Appeals and other Subsequent Appeals Allowed

Cross appeals and other subsequent appeals by any respondent named in cases
brought to CAS under the Code are specifically permitted. Any party with a right to
appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest
with the party’s answer.

13.3 Failure to Render a Timely Decision by NADA

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

13.4 Appeals Relating to TUEs

TUE decisions may be appealed exclusively as provided in Article 4.4.

13.5 Notification of Appeal Decisions

NADA shall promptly provide the appeal decision to the Athlete or other Person and
to the other Anti-Doping Organizations that would have been entitled to appeal under
Article 13.2.3 as provided under Article 14.

13.6 Time for Filing Appeals

13.6.1 Appeals to CAS

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 that led to the decision being appealed:

(a) Within fifteen (15) days from the notice of the decision, such party/ies shall have
the right to request a copy of the full case file pertaining to the decision from the
Anti-Doping Organization that had Results Management authority;

(b) If such a request is made within the fifteen (15) 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 filed by WADA shall be
the later of:

(a) Twenty-one (21) days after the last day on which any other party having a right to
appeal could have appealed, or

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

13.6.2 Appeals Under Article 13.2.2

The time to file an appeal to the National Anti-Doping Appeal Panel 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 led to the
decision subject to appeal:

(a) Within fifteen (15) days from notice of the decision, such parties shall have the
right to request a copy of the full case file pertaining to the decision from the Anti-
Doping Organization that had Results Management authority;

(b) If such a request is made within the fifteen (15) day period, then the party making
such request shall have twenty-one (21) days from receipt of the file to file an
appeal to the National Anti-Doping Appeal Panel.

The above notwithstanding, the filing deadline for an appeal filed by WADA shall be
the later of:

(a) Twenty-one (21) days after the last day on which any other party having a right to
appeal could have appealed, or

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

ARTICLE 14 CONFIDENTIALITY AND REPORTING

14.1 Information Concerning Adverse Analytical Findings, Atypical Findings, and


Other Asserted Anti-Doping Rule Violations

14.1.1 Notice of Anti-Doping Rule Violations to Athletes and other Persons

Notice to Athletes or other Persons of anti-doping rule violations asserted against


them shall occur as provided under Articles 7 and 14 of these Anti-Doping Rules.
Notice to an Athlete or other Person who is a member of a National Federation may
be accomplished by delivery of the notice to the National Federation. If the notification
takes place via the National Federation, the National Federation shall confirm the
notification to NADA.

If at any point during Results Management up until the anti-doping rule violation
charge, NADA decides not to move forward with a matter, it must notify the Athlete or
other Person.

Notice shall be delivered through email or registered post.

14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping


Organizations, International Federations and WADA

Notice of the assertion of an anti-doping rule violation to the Athlete’s or other


Person’s National Anti-Doping Organization, if different from NADA, International
Federation and WADA shall occur as provided under Articles 7 and 14,
simultaneously with the notice to the Athlete or other Person.

If at any point during Results Management up until the anti-doping rule violation
charge, NADA decides not to move forward with a matter, it must give notice (with
reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3.

Notice shall be delivered through email.

14.1.3 Content of an Anti-Doping Rule Violation Notice

Notification of an anti-doping rule violation shall include: the Athlete's or other


Person’s name, country, sport and discipline within the sport, the Athlete’s
competitive level, whether the test was In-Competition or Out-of-Competition, the
date of Sample collection, the analytical result reported by the laboratory and other
information as required by the International Standard for Testing and Investigations
and International Standard for Results Management.

Notification of anti-doping rule violations other than under Article 2.1 shall also include
the rule violated and the basis of the asserted violation.

14.1.4 Status Reports

Except with respect to investigations which have not resulted in a notice of an anti-
doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person’s
National Anti-Doping Organization, if different from NADA, International Federation
and WADA shall be regularly updated on the status and findings of any review or
proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a
prompt written reasoned explanation or decision explaining the resolution of the
matter.

14.1.5 Confidentiality

The recipient organizations shall not disclose this information beyond those Persons
with a need to know (which would include the appropriate personnel at the applicable
National Olympic Committee, National Federation, and team in a Team Sport) until
NADA has made Public Disclosure as permitted by Article 14.3.

• 14.1.6 Protection of Confidential Information by an Employee or


Agent of NADA

• NADA shall ensure that information concerning Adverse Analytical Findings, Atypical
Findings, and other asserted anti-doping rule violations remains confidential until
such information is Publicly Disclosed in accordance with Article 14.3. NADA shall
ensure that its employees (whether permanent or otherwise), contractors, agents,
consultants, and Delegated Third Parties are subject to a fully enforceable contractual
duty of confidentiality and to fully enforceable procedures for the investigation and
disciplining of improper and/or unauthorized disclosure of such confidential
information.

14.2 Notice of Anti-Doping Rule Violation or violations of Ineligibility or Provisional


Suspension Decisions and Request for Files

14.2.1 Anti-doping rule violation decisions or decisions related to violations of


Ineligibility or Provisional Suspension rendered pursuant to Article 7.6, 8.2,
10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the
decision, including, if applicable, a justification for why the maximum
potential sanction was not imposed. Where the decision is not in English or
French, NADA shall provide an English or French summary of the decision
and the supporting reasons.

14.2.2 An Anti-Doping Organization having a right to appeal a decision received


pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a
copy of the full case file pertaining to the decision.

14.3 Public Disclosure

14.3.1 After notice has been provided to the Athlete or other Person in accordance
with the International Standard for Results Management, and to the
applicable Anti-Doping Organizations in accordance with Article 14.1.2, the
identity of any Athlete or other Person who is notified of a potential anti-
doping rule violation, the Prohibited Substance or Prohibited Method and
the nature of the violation involved, and whether the Athlete or other
Person is subject to a Provisional Suspension may be Publicly Disclosed
by NADA.

14.3.2 No later than twenty (20) days after it has been determined in an appellate
decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or
a hearing in accordance with Article 8 has been waived, or the assertion of
an anti-doping rule violation has not otherwise been timely challenged, or
the matter has been resolved under Article 10.8, or a new period of
Ineligibility, or reprimand, has been imposed under Article 10.14.3, NADA
must Publicly Disclose the disposition of the anti-doping matter including
the sport, the anti-doping rule violated, the name of the Athlete or other
Person committing the violation, the Prohibited Substance or Prohibited
Method involved (if any) and the Consequences imposed. NADA must also
Publicly Disclose within twenty (20) days the results of appellate decisions
concerning anti-doping rule violations, including the information described
above.

14.3.3 After an anti-doping rule violation has been determined to have been
committed in an appellate decision under Article 13.2.1 or 13.2.2 or such
appeal has been waived, or in a hearing in accordance with Article 8 or
where such hearing has been waived, or the assertion of an anti-doping
rule violation has not otherwise been timely challenged, or the matter has
been resolved under Article 10.8, NADA may make public such
determination or decision and may comment publicly on the matter.

14.3.4 In any case where it is determined, after a hearing or appeal, that the
Athlete or other Person did not commit an anti-doping rule violation, the fact
that the decision has been appealed may be Publicly Disclosed. However,
the decision itself and the underlying facts may not be Publicly Disclosed
except with the consent of the Athlete or other Person who is the subject of
the decision. NADA 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.

14.3.5 Publication shall be accomplished at a minimum by placing the required


information on the NADA’s website and leaving the information up for the
longer of one (1) month or the duration of any period of Ineligibility. The
information shall be removed from the website within three to six months of
the expiry of the ineligibility period.

14.3.6 Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping


Organization, National Federation or WADA-accredited laboratory, or any
official of any such body, shall publicly comment on the specific facts of any
pending case (as opposed to general description of process and science)
except in response to public comments attributed to, or based on
information provided by, the Athlete, other Person or their entourage or
other representatives.

14.3.7 The mandatory Public Disclosure required in Article 14.3.2 shall not be
required where the Athlete or other Person who has been found to have
committed an anti-doping rule violation is a Minor, Protected Person or
Recreational Athlete. Any optional Public Disclosure in a case involving a
Minor, Protected Person or Recreational Athlete shall be proportionate to
the facts and circumstances of the case.

14.4 Statistical Reporting


NADA shall, at least annually, publish publicly a general statistical report of its Doping Control
activities, with a copy provided to WADA. NADA may also publish reports showing the name
of each Athlete tested and the date of each Testing.

14.5 Doping Control Information Database and Monitoring of Compliance

To enable WADA to perform its compliance monitoring role and to ensure the effective use of
resources and sharing of applicable Doping Control information among Anti-Doping
Organizations, NADA shall report to WADA through ADAMS Doping Control-related
information, including, in particular:
(a) Athlete Biological Passport data for International-Level Athletes and National-
Level Athletes,
(b) Whereabouts information for Athletes including those in Registered Testing Pools,
(c) TUE decisions, and
(d) Results Management decisions,

as required under the applicable International Standard(s).

14.5.1 To facilitate coordinated test distribution planning, avoid unnecessary


duplication in Testing by various Anti-Doping Organizations, and to ensure
that Athlete Biological Passport profiles are updated, NADA shall report all
In-Competition and Out-of-Competition tests to WADA by entering the
Doping Control forms into ADAMS in accordance with the requirements
and timelines contained in the International Standard for Testing and
Investigations.

14.5.2 To facilitate WADA’s oversight and appeal rights for TUEs, NADA shall
report all TUE applications, decisions and supporting documentation using
ADAMS in accordance with the requirements and timelines contained in the
International Standard for Therapeutic Use Exemptions.

14.5.3 To facilitate WADA’s oversight and appeal rights for Results Management,
NADA shall report the following information into ADAMS in accordance with
the requirements and timelines outlined in the International Standard for
Results Management: (a) notifications of anti-doping rule violations and
related decisions for Adverse Analytical Findings; (b) notifications and
related decisions for other anti-doping rule violations that are not Adverse
Analytical Findings; (c) whereabouts failures; and (d) any decision
imposing, lifting or reinstating a Provisional Suspension.

14.5.4 The information described in this Article will be made accessible, where
appropriate and in accordance with the applicable rules, to the Athlete, the
Athlete’s National Anti-Doping Organization and International Federation,
and any other Anti-Doping Organizations with Testing authority over the
Athlete.

14.6 Data Privacy

14.6.1 NADA may collect, store, process or disclose personal information relating
to Athletes and other Persons where necessary and appropriate to conduct
its Anti-Doping Activities under the Code, the International Standards
(including specifically the International Standard for the Protection of
Privacy and Personal Information), these Anti-Doping Rules, and in
compliance with applicable law.

14.6.2 Without limiting the foregoing, NADA shall:

• Only process personal information in accordance with a valid legal


ground;
• Notify any Participant or Person subject to these Anti-Doping Rules, in
a manner and form that complies with applicable laws and the
International Standard for the Protection of Privacy and Personal
Information, that their personal information may be processed by NADA
and other Persons for the purpose of the implementation of these Anti-
Doping Rules;

(c) Ensure that any third-party agents (including any Delegated Third
Party) with whom NADA shares the personal information of any
Participant or Person is subject to appropriate technical and contractual
controls to protect the confidentiality and privacy of such information.

ARTICLE 15 IMPLEMENTATION OF DECISIONS

15.1 Automatic Binding Effect of Decisions by Signatory Anti-Doping Organizations

15.1.1 A decision of an anti-doping rule violation made by a Signatory Anti-Doping


Organization, an appellate body (Article 13.2.2 of the Code) or CAS shall,
after the parties to the proceeding are notified, automatically be binding
beyond the parties to the proceeding upon NADA and any National
Federation in India, as well as every Signatory in every sport with the
effects described below:

15.1.1.1 A decision by any of the above-described bodies imposing a


Provisional Suspension (after a Provisional Hearing has occurred
or the Athlete or other Person has either accepted the
Provisional Suspension or has waived the right to a Provisional
Hearing, expedited hearing or expedited appeal offered in
accordance with Article 7.4.3) automatically prohibits the Athlete
or other Person from participation (as described in Article
10.14.1) in all sports within the authority of any Signatory during
the Provisional Suspension.

15.1.1.2 A decision by any of the above-described bodies imposing a


period of Ineligibility (after a hearing has occurred or been
waived) automatically prohibits the Athlete or other Person from
participation (as described in Article 10.14.1) in all sports within
the authority of any Signatory for the period of Ineligibility.

15.1.1.3 A decision by any of the above-described bodies accepting an


anti-doping rule violation automatically binds all Signatories.

15.1.1.4 A decision by any of the above-described bodies to Disqualify


results under Article 10.10 for a specified period automatically
Disqualifies all results obtained within the authority of any
Signatory during the specified period.

15.1.2 NADA and any National Federation in India shall recognize and implement
a decision and its effects as required by Article 15.1.1, without any further
action required, on the earlier of the date NADA receives actual notice of
the decision or the date the decision is placed into ADAMS.

15.1.3 A decision by an Anti-Doping Organization, an appellate body or CAS to


suspend, or lift, Consequences shall be binding upon NADA and any
National Federation in India, without any further action required, on the
earlier of the date NADA receives actual notice of the decision or the date
the decision is placed into ADAMS.
15.1.4 Notwithstanding any provision in Article 15.1.1, however, a decision of an
anti-doping rule violation by a Major Event Organization made in an
expedited process during an Event shall not be binding on NADA or
National Federations in India unless the rules of the Major Event
Organization provide the Athlete or other Person with an opportunity to an
appeal under non-expedited procedures.

15.2 Implementation of Other Decisions by Anti-Doping Organizations

NADA and any National Federation in India may decide to implement other anti-doping
decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such
as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or
other Person.

15.3 Implementation of Decisions by Body that is not a Signatory

An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by
NADA and any National Federation in India, if NADA finds that the decision purports to be
within the authority of that body and the anti-doping rules of that body are otherwise
consistent with the Code.

ARTICLE 16 STATUTE OF LIMITATIONS

No anti-doping rule violation proceeding may be commenced against an Athlete or other Person
unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or
notification has been reasonably attempted, within ten (10) years from the date the violation is
asserted to have occurred.

ARTICLE 17 EDUCATION

NADA shall plan, implement, evaluate and promote Education in line with the requirements of Article
18.2 of the Code and the International Standard for Education.

ARTICLE 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS

18.1 All National Federations of India and their members shall comply with the Code,
International Standards, and these Anti-Doping Rules. All National Federations of
India and other members shall include in their policies, rules and programs the
provisions necessary to recognize the authority and responsibility of NADA for
implementing the India’s National Anti-Doping Program and enforcing these Anti-
Doping Rules (including carrying out Testing) directly in respect of Athletes and other
Persons under their anti-doping authority as specified in the Introduction to these
Anti-Doping Rules (Section “Scope of these Anti-Doping Rules”).

18.2 Each National Federation of India shall accept and abide by the spirit and terms of
India ’s National Anti-Doping Program and these Anti-Doping Rules as a condition of
receiving financial and/or other assistance from the Government of India and/or the
National Olympic Committee of India.

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

18.4 By adopting these Anti-Doping Rules, and incorporating them into their governing
documents and rules of sport, National Federations shall cooperate with and support
NADA in that function. They shall also recognize, abide by and implement the
decisions made pursuant to these Anti-Doping Rules, including the decisions
imposing sanctions on Persons under their authority.
18.5 All National Federations of India shall take appropriate action to enforce compliance
with the Code, International Standards, and these Anti-Doping Rules by inter alia:

• conducting Testing only under the documented authority of their International


Federation and using NADA or other Sample collection authority to collect
Samples in compliance with the International Standard for Testing and
Investigations;

• recognizing the authority of NADA in accordance with Article 5.2.1 of the Code
and assisting as appropriate with NADA’s implementation of the national Testing
program for their sport;

• analyzing all Samples collected using a WADA-accredited or WADA-approved


laboratory in accordance with Article 6.1; and

• ensuring that any national level anti-doping rule violation cases discovered by
National Federations are adjudicated by an Operationally Independent hearing
panel in accordance with Article 8.1 and the International Standard for Results
Management.

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

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

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

18.9 All National Federations shall conduct anti-doping Education in coordination with
NADA.

ARTICLE 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF NADA

19.1 In addition to the roles and responsibilities described in Article 20.5 of the Code for
National Anti-Doping Organizations, NADA shall report to WADA on NADA's
compliance with the Code and International Standards in accordance with Article
24.1.2 of the Code.

19.2 Subject to applicable law, and in accordance with Article 20.5.10 of the Code, all
NADA board members, directors, officers, employees and appointed Delegated Third
Parties who are involved in any aspect of Doping Control, must sign a form provided
by NADA, agreeing to be bound by these Anti-Doping Rules as Persons in conformity
with the Code for direct and intentional misconduct.

19.3 Subject to applicable law, and in accordance with Article 20.5.11 of the Code, any
NADA employee who is involved in Doping Control (other than authorized anti-doping
Education or rehabilitation programs) must sign a statement provided by NADA
confirming that they are not Provisionally Suspended or serving a period of Ineligibility
and have not been directly or intentionally engaged in conduct within the previous six
(6) years which would have constituted a violation of anti-doping rules if Code-
compliant rules had been applicable to them.

ARTICLE 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES

20.1 To be knowledgeable of and comply with these Anti-Doping Rules.

20.2 To be available for Sample collection at all times.

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

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

20.5 To disclose to NADA and their International Federation any decision by a non-
Signatory finding that the Athlete committed an anti-doping rule violation within the
previous ten (10) years.

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

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

20.8 Offensive conduct towards a Doping Control official or other Person involved in
Doping Control by an Athlete, which does not otherwise constitute Tampering, may
result in a charge of misconduct under NADA's disciplinary rules/code of conduct.

ARTICLE 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT


PERSONNEL

21.1 To be knowledgeable of and comply with these Anti-Doping Rules.

21.2 To cooperate with the Athlete Testing program.

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

21.4 To disclose to NADA and their International Federation any decision by a non-
Signatory finding that they committed an anti-doping rule violation within the previous
ten (10) years.

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


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

Any such Use or Possession may result in a charge of misconduct under NADA's
disciplinary rules/code of conduct.

21.7 Offensive conduct towards a Doping Control official or other Person involved in
Doping Control by Athlete Support Personnel, which does not otherwise constitute
Tampering, may result in a charge of misconduct under NADA's disciplinary
rules/code of conduct.
ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT
TO THESE ANTI-DOPING RULES

22.1 To be knowledgeable of and comply with these Anti-Doping Rules.

22.2 To disclose to NADA and their International Federation any decision by a non-
Signatory finding that they committed an anti-doping rule violation within the previous
ten (10) years.

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

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

22.5 Offensive conduct towards a Doping Control official or other Person involved in
Doping Control by a Person, which does not otherwise constitute Tampering, may
result in a charge of misconduct under NADA's disciplinary rules/code of conduct.

ARTICLE 23 INTERPRETATION OF THE CODE

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

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

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

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

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

23.6 The Code shall not apply retroactively to matters pending before the date the Code is
accepted by a Signatory and implemented in its rules. However, pre-Code anti-doping
rule violations would continue to count as "First violations" or "Second violations" for
purposes of determining sanctions under Article 10 for subsequent post-Code
violations.

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

ARTICLE 24 FINAL PROVISIONS

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

24.2 These Anti-Doping Rules shall be interpreted as an independent and autonomous


text and not by reference to existing law or statutes.

24.3 These Anti-Doping Rules have been adopted pursuant to the applicable provisions of
the Code and the International Standards and shall be interpreted in a manner that is
consistent with applicable provisions of the Code and the International Standards.
The Code and the International Standards shall be considered integral parts of these
Anti-Doping Rules and shall prevail in case of conflict.

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

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

24.6 These Anti-Doping Rules shall enter into force on 1 January 2021 (the “Effective
Date”). They repeal any previous version of NADA’s Anti-Doping Rules.

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

24.7.1 Anti-doping rule violations taking place prior to the Effective Date count as
"first violations" or "second violations" for purposes of determining
sanctions under Article 10 for violations taking place after the Effective
Date.

24.7.2 Any anti-doping rule violation case which is pending as of the Effective
Date and any anti-doping rule violation case brought after the Effective
Date based on an anti-doping rule violation which occurred prior to the
Effective Date, shall be governed by the substantive anti-doping rules in
effect at the time the alleged anti-doping rule violation occurred, and not by
the substantive anti-doping rules set out in these Anti-Doping Rules, unless
the panel hearing the case determines the principle of “lex mitior”
appropriately applies under the circumstances of the case. For these
purposes, the retrospective periods in which prior violations can be
considered for purposes of multiple violations under Article 10.9.4 and the
statute of limitations set forth in Article 16 are procedural rules, not
substantive rules, and should be applied retroactively along with all of the
other procedural rules in these Anti-Doping Rules (provided, however, that
Article 16 shall only be applied retroactively if the statute of limitations
period has not already expired by the Effective Date).

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

24.7.4 With respect to cases where a final decision finding an anti-doping rule
violation has been rendered prior to the Effective Date, but the Athlete or
other Person is still serving the period of Ineligibility as of the Effective
Date, the Athlete or other Person may apply to NADA or other Anti-Doping
Organization which had Results Management responsibility for the anti-
doping rule violation to consider a reduction in the period of Ineligibility in
light of these Anti-Doping Rules. Such application must be made before the
period of Ineligibility has expired. The decision rendered may be appealed
pursuant to Article 13.2. These Anti-Doping Rules shall have no application
to any case where a final decision finding an anti-doping rule violation has
been rendered and the period of Ineligibility has expired.

24.7.5 For purposes of assessing the period of Ineligibility for a second violation
under Article 10.9.1, where the sanction for the first violation was
determined based on rules in force prior to the Effective Date, the period of
Ineligibility which would have been assessed for that first violation had
these Anti-Doping Rules been applicable, shall be applied.

24.7.6 Changes to the Prohibited List and Technical Documents relating to


substances or methods on the Prohibited List shall not, unless they
specifically provide otherwise, be applied retroactively. As an exception,
however, when a Prohibited Substance or a Prohibited Method has been
removed from the Prohibited List, an Athlete or other Person currently
serving a period of Ineligibility on account of the formerly Prohibited
Substance or Prohibited Method may apply to NADA or other Anti-Doping
Organization which had Results Management responsibility for the anti-
doping rule violation to consider a reduction in the period of Ineligibility in
light of the removal of the substance or method from the Prohibited List.

APPENDIX 1 DEFINITIONS

ADAMS: The Anti-Doping Administration and Management System is a Web-based database


management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and
WADA in their anti-doping operations in conjunction with data protection legislation.

Administration: Providing, supplying, supervising, facilitating, or otherwise participating in the Use or


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

Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADA-approved


laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample
the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a
Prohibited Method.

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

Aggravating Circumstances: Circumstances involving, or actions by, an Athlete or other Person which
may justify the imposition of a period of Ineligibility greater than the standard sanction. Such
circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or
Possessed multiple Prohibited Substances or Prohibited Methods, Used or Possessed a Prohibited
Substance or Prohibited Method on multiple occasions or committed multiple other anti-doping rule
violations; a normal individual would be likely to enjoy the performance-enhancing effects of the anti-
doping rule violation(s) beyond the otherwise applicable period of Ineligibility; the Athlete or Person
engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti-doping
rule violation; or the Athlete or other Person engaged in Tampering during Results Management. For
the avoidance of doubt, the examples of circumstances and conduct described herein are not
exclusive and other similar circumstances or conduct may also justify the imposition of a longer period
of Ineligibility.
Anti-Doping Activities: Anti-doping Education and information, test distribution planning, maintenance
of a Registered Testing Pool, managing Athlete Biological Passports, conducting Testing, organizing
analysis of Samples, gathering of intelligence and conduct of investigations, processing of TUE
applications, Results Management, monitoring and enforcing compliance with any Consequences
imposed, and all other activities related to anti-doping to be carried out by or on behalf of an Anti-
Doping Organization, as set out in the Code and/or the International Standards.

Anti-Doping Organization: WADA or a Signatory that is responsible for adopting rules for initiating,
implementing or enforcing any part of the Doping Control process. This includes, for example, the
International Olympic Committee, the International Paralympic Committee, other Major Event
Organizations that conduct Testing at their Events, International Federations, and National Anti-
Doping Organizations.

Athlete: Any Person who competes in sport at the international level (as defined by each International
Federation) or the national level (as defined by each National Anti-Doping Organization). An Anti-
Doping Organization has discretion to apply anti-doping rules to an Athlete who is neither an
International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definition of
“Athlete”. In relation to Athletes who are neither International-Level nor National-Level Athletes, an
Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples
for less than the full menu of Prohibited Substances; require limited or no whereabouts information; or
not require advance TUEs. However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed
by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test
and who competes below the international or national level, then the Consequences set forth in the
Code must be applied. For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping
information and Education, any Person who participates in sport under the authority of any Signatory,
government, or other sports organization accepting the Code is an Athlete.

Athlete Biological Passport: The program and methods of gathering and collating data as described in
the International Standard for Testing and Investigations and International Standard for Laboratories.

Athlete Support Personnel: Any coach, trainer, manager, agent, team staff, official, medical,
paramedical personnel, parent or any other Person working with, treating or 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 rule violation. Provided, however, there
shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person
renounces the Attempt prior to it being discovered by a third party not involved in the Attempt.

Atypical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory


which requires further investigation as provided by the International Standard for Laboratories or
related Technical Documents prior to the determination of an Adverse Analytical Finding.

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

CAS: The Court of Arbitration for Sport.

Code: The World Anti-Doping Code.

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

Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete's or other Person's


violation of an anti-doping rule may result in one or more of the following: (a) Disqualification means
the Athlete’s results in a particular Competition or Event are invalidated, with all resulting
Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete
or other Person is barred on account of an anti-doping rule violation for a specified period of time from
participating in any Competition or other activity or funding as provided in Article 10.14; (c) Provisional
Suspension means the Athlete or other Person is barred temporarily from participating in any
Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial
Consequences means a financial sanction imposed for an anti-doping rule violation or to recover
costs associated with an anti-doping rule violation; and (e) Public Disclosure means the dissemination
or distribution of information to the general public or Persons beyond those Persons entitled to earlier
notification in accordance with Article 14. Teams in Team Sports may also be subject to
Consequences as provided in Article 11.

Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the
product label or in information available in a reasonable Internet search.

Decision Limit: The value of the result for a threshold substance in a Sample, above which an
Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories.

Delegated Third Party: Any Person to which NADA delegates any aspect of Doping Control or anti-
doping Education programs including, but not limited to, third parties or other Anti-Doping
Organizations that conduct Sample collection or other Doping Control services or anti-doping
Educational programs for NADA, or individuals serving as independent contractors who perform
Doping Control services for NADA (e.g., non-employee Doping Control officers or chaperones). This
definition does not include CAS.

Disqualification: See Consequences of Anti-Doping Rule Violations above.

Doping Control: All steps and processes from test distribution planning through to ultimate disposition
of any appeal and the enforcement of Consequences, including all steps and processes in between,
including but not limited to, Testing, investigations, whereabouts, TUEs, Sample collection and
handling, laboratory analysis, Results Management, and investigations or proceedings relating to
violations of Article 10.14 (Status During Ineligibility or Provisional Suspension).

Education: The process of learning to instill values and develop behaviors that foster and protect the
spirit of sport, and to prevent intentional and unintentional doping.

Event: A series of individual Competitions conducted together under one ruling body (e.g., the
Olympic Games, World Championships of an International Federation, 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.

Event Venues: Those venues so designated by the ruling body for the Event.

Fault: Fault is any breach of duty or any lack of care appropriate to a particular situation. Factors to be
taken into consideration in assessing an Athlete’s or other Person’s degree of Fault include, for
example, the Athlete’s or other Person’s experience, whether the Athlete or other Person is a
Protected Person, special considerations such as impairment, the degree of risk that should have
been perceived by the Athlete and the level of care and investigation exercised by the Athlete in
relation to what should have been the perceived level of risk. In assessing the Athlete’s or other
Person’s degree of Fault, the circumstances considered must be specific and relevant to explain the
Athlete’s or other Person’s departure from the expected standard of behavior. Thus, for example, the
fact that an Athlete would lose the opportunity to earn large sums of money during a period of
Ineligibility, or the fact that the Athlete only has a short time left in a career, or the timing of the
sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility
under Article 10.6.1 or 10.6.2.

Financial Consequences: See Consequences of Anti-Doping Rule Violations above.

In-Competition: The period commencing at 11:59 p.m. on the day 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. Provided, however, WADA may approve, for a particular sport,
an alternative definition if an International Federation provides a compelling justification that a
different definition is necessary for its sport; upon such approval by WADA, the alternative definition
shall be followed by all Major Event Organizations for that particular sport.

Independent Observer Program: A team of observers and/or auditors, under the supervision of
WADA, who observe and provide guidance on the Doping Control process prior to or during certain
Events and report on their observations as part of WADA’s compliance monitoring program.

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

Ineligibility: See Consequences of Anti-Doping Rule Violations above.

Institutional Independence: Hearing panels on appeal shall be fully independent institutionally from
the Anti-Doping Organization responsible for Results Management. They must therefore not in any
way be administered by, connected or subject to the Anti-Doping Organization responsible for Results
Management.

International Event: An Event or Competition where the International Olympic Committee, the
International Paralympic Committee, an International Federation, a Major Event Organization, or
another international sport organization is the ruling body for the Event or appoints the technical
officials for the Event.

International-Level Athlete: Athletes who compete in sport at the international level, as defined by
each International Federation, consistent with the International Standard for Testing and
Investigations.

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.

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

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

Metabolite: Any substance produced by a biotransformation process.

Minimum Reporting Level: The estimated concentration of a Prohibited Substance or its Metabolite(s)
or Marker(s) in a Sample below which WADA-accredited laboratories should not report that Sample
as an Adverse Analytical Finding.

Minor: A natural Person who has not reached the age of eighteen (18) years.

National Anti-Doping Organization: The entity(ies) designated by each country as possessing the
primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of
Samples, manage test results, and conduct Results Management at the national level. 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. In India, the National Anti-Doping Organization
is NADA.

National Event: A sport Event or Competition involving International- or National-Level Athletes that is
not an International Event.

National Federation: A national or regional entity in India which is a member of or is recognized by an


International Federation as the entity governing the International Federation's sport in that nation or
region in India.
National-Level Athlete: Athletes who compete in sport at the national level, as defined by each
National Anti-Doping Organization, consistent with the International Standard for Testing and
Investigations. In India, National-Level Athletes are defined as set out in the Introduction to these Anti-
Doping Rules (Section “Scope of these Anti-Doping Rules”).

National Olympic Committee: The organization 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. In India, the National Olympic Committee is Indian Olympic
Association.

No Fault or Negligence: The Athlete or other Person'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 or otherwise violated an anti-doping rule. Except in the case of a Protected Person or
Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited
Substance entered the Athlete’s system.

No Significant Fault or Negligence: The Athlete or other Person's establishing that any 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 rule violation. Except in the
case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must
also establish how the Prohibited Substance entered the Athlete’s system.

Operational Independence: This means that (1) board members, staff members, commission
members, consultants and officials of the Anti-Doping Organization with responsibility for Results
Management or its affiliates (e.g., member federation or confederation), as well as any Person
involved in the investigation and pre-adjudication of the matter cannot be appointed as members
and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of
any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results
Management and (2) hearing panels shall be in a position to conduct the hearing and decision-making
process without interference from the Anti-Doping Organization or any third party. The objective is to
ensure that members of the hearing panel or individuals otherwise involved in the decision of the
hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.

Out-of-Competition: Any period which is not In-Competition.

Participant: Any Athlete or Athlete Support Person.

Person: A natural Person or an organization or other entity.

Possession: The actual, physical Possession, or the constructive Possession (which shall be found
only if the Person has exclusive control or intends to exercise control over the Prohibited Substance
or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists);
provided, however, that if the Person does not have exclusive control over the Prohibited Substance
or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists,
constructive Possession shall only be found if the Person knew about the presence of the Prohibited
Substance or Prohibited Method and intended to exercise control over it. Provided, however, there
shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of
any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete
action demonstrating that the Person never intended to have Possession and has renounced
Possession by explicitly declaring it to an Anti-Doping Organization. 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, or class of substances, so described on the Prohibited List.

Protected Person: An Athlete or other natural Person who at the time of the anti-doping rule violation:
(i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years
and is not included in any Registered Testing Pool and has never competed in any International Event
in an open category; or (iii) for reasons other than age has been determined to lack legal capacity
under applicable national legislation.

Provisional Hearing: For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to
a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either
written or oral form.

Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.

Publicly Disclose: See Consequences of Anti-Doping Rule Violations above.

Recreational Athlete: In India, Recreational Athlete is defined as set out in the Introduction to these
Anti-Doping Rules (Section “Scope of these Anti-Doping Rules”).

Regional Anti-Doping Organization: A regional entity designated by member countries to coordinate


and manage delegated areas of their national anti-doping programs, which may include the adoption
and implementation of anti-doping rules, the planning and collection of Samples, the management of
results, the review of TUEs, the conduct of hearings, and the conduct of Educational programs at a
regional level.

Registered Testing Pool: The pool of highest-priority Athletes established separately at the
international level by International Federations and at the national level by National Anti-Doping
Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of
that International Federation's or National Anti-Doping Organization's test distribution plan and
therefore are required to provide whereabouts information as provided in Article 5.5 of the Code and
the International Standard for Testing and Investigations. In India, NADA’s Registered Testing Pool is
defined as set out in Article 5.5 of these Anti-Doping Rules.

Results Management: The process encompassing the timeframe between notification as per Article 5
of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding,
Athlete Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in
Article 5 of the International Standard for Results Management, through the charge until the final
resolution of the matter, including the end of the hearing process at first instance or on appeal (if an
appeal was lodged).

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

Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in
Article 23 of the Code.

Specified Method: See Article 4.2.2.

Specified Substance: See Article 4.2.2.


Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that
intent, Fault, negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping
Organization in order to establish an anti-doping rule violation.

Substance of Abuse: See Article 4.2.3.

Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance
must: (1) fully disclose in a signed written statement or recorded interview all information he or she
possesses in relation to anti-doping rule violations or other proceeding described in Article 10.7.1.1,
and (2) fully cooperate with the investigation and adjudication of any case or matter related to that
information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-
Doping Organization or hearing panel. Further, the information provided must be credible and must
comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is
initiated, must have provided a sufficient basis on which a case or proceeding could have been
brought.

Tampering: Intentional conduct which subverts the Doping Control process but which would not
otherwise be included in the definition of Prohibited Methods. Tampering shall include, without
limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of
a Sample, affecting or making impossible the analysis of a Sample, falsifying documents submitted to
an Anti-Doping Organization or TUE committee or hearing panel, procuring false testimony from
witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to
affect Results Management or the imposition of Consequences, and any other similar intentional
interference or Attempted interference with any aspect of Doping Control.

Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International
Standard for Testing and Investigations.

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

Technical Document: A document adopted and published by WADA from time to time containing
mandatory technical requirements on specific anti-doping topics as set forth in an International
Standard.

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

Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical
condition to use a Prohibited Substance or Prohibited Method, but only if the conditions set out in
Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.

Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such
purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other
means) by an Athlete, Athlete Support Person or any other Person subject to the authority of an Anti-
Doping Organization 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 or are intended to enhance sport performance.

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.

Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement
between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other
Person to provide information to the Anti-Doping Organization in a defined time-limited setting with the
understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not
finalized, the information provided by the Athlete or other Person in this particular setting may not be
used by the Anti-Doping Organization against the Athlete or other Person in any Results Management
proceeding under the Code, and that the information provided by the Anti-Doping Organization in this
particular setting may not be used by the Athlete or other Person against the Anti-Doping
Organization in any Results Management proceeding under the Code. Such an agreement shall not
preclude the Anti-Doping Organization, Athlete or other Person from using any information or
evidence gathered from any source other than during the specific time-limited setting described in the
agreement.

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