このページのコンテンツには、Adobe Flash Player の最新バージョンが必要です。

Adobe Flash Player を取得

prev   ARTICLE 7   next


ARTICLE 7 RESULTS MANAGEMENT

7.1 Results Management for Tests Initiated by IFS

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

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

7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, IFS shall conduct an initial review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.

7.1.2.1 The IFS Executive shall appoint a Doping Review Panel consisting of a Chair and 2 other members with experience in anti-doping. Each panel member shall serve a term of four years. In each case the Chair of the panel shall appoint 1 or more members of the panel which may include the Chair to conduct the review discussed in Articles 7.1.2 and 7.1.8 and to review any other potential violations of these Anti-Doping Rules as may be requested by IFS.

7.1.3 If the initial review of an Adverse Analytical Finding under Article 7.1.2 does not reveal an applicable TUE or entitlement to a TUE as provided in the International Standard for Therapeutic Use Exemptions, or departure that caused the Adverse Analytical Finding, IFS shall promptly notify the Athlete, in the manner set out in Article 19, of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis if the Athlete or IFS chooses to request an analysis of the B Sample; (e) the opportunity for the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis within the time period specified in the International Standard for Laboratories if such analysis is requested; and (f) the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories. IFS shall also notify the Athlete’s National Anti-Doping Organization and WADA. If IFS decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, the Athlete’s National Anti-Doping Organization and WADA.

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

7.1.5 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample within the time period specified in the International Standard for Laboratories. Also a representative of the Athlete's National Federation as well as a representative of IFS shall be allowed to be present.

7.1.6 If the B Sample proves negative, then (unless IFS takes the case forward as an anti-doping rule violation under Article 2.2) the entire test shall be considered negative and the Athlete, his National Federation, and IF shall be so informed.

7.1.7 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his National Federation, IFS, and to WADA.

7.1.8 IFS shall conduct any follow-up investigation into a possible anti-doping rule violation not covered by Articles 7.1.1 to 7.1.8. At such time as IFS is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete or other Person subject to sanction notice, in the manner set out in Article 19, of the anti-doping rule violated, and the basis of the violation. IFS shall also notify the Athlete’s National Anti-Doping Organization and WADA.

7.2 Review of Atypical Findings

7.2.1 As provided in the International Standards, in some circumstances laboratories are directed to report the presence of Prohibited Substances, which may also be produced endogenously as Atypical Findings subject to further investigation.

7.2.2 Upon receipt of an A Sample Atypical Finding, IFS shall conduct an initial review to determine whether: (a) an applicable TUE has been granted, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Finding.

7.2.3 If the initial review of an Atypical Finding under Article 7.2.2 reveals an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, the Athlete’s National Anti-Doping Organization, and WADA shall be so informed.

7.2.4 If that initial review does not reveal an applicable TUE or departure that caused the Atypical Finding, IF shall conduct the required investigation. After the investigation is completed, the Athlete, WADA and the Athlete’s National Anti-Doping Organization shall be notified whether or not the Atypical Finding will be brought forward as an Adverse Analytical Finding. The Athlete shall be notified as provided in Article 7.1.3.

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

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

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

7.3 Results Management for Tests Initiated During Other International Events

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

7.4 Results Management for Tests initiated by National Federations

Results management conducted by National Federations shall be consistent with the general principles for effective and fair results management which are underlined in the detailed provisions set forth in this Article 7. Adverse Analytical findings, Atypical Findings and other asserted violations of anti-doping rules shall be reported by National Federations in accordance with the principles outlined in this Article 7 to the Athlete’s National Anti-Doping Organization, IFS and WADA no later than the completion of the National Federation's results management process. Any apparent anti-doping rule violation by an Athlete who is a member of that National Sumo Federation shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Sumo Federation, National Anti-Doping Organization or national law. Apparent anti-doping rule violations by Athletes who are members of another National Sumo Federation shall be referred to the IFS for hearing.

7.5 Results Management for Whereabouts Violations

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

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

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

7.6 Provisional Suspensions

7.6.1 If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, a Provisional Suspension shall be imposed promptly after the review and notification described in Article 7.1.

7.6.2 In any case not covered by Article 7.6.1 where IF decides to take the matter forward as an apparent anti-doping rule violation in accordance with the foregoing provisions of this Article 7, a Provisional Suspension may be imposed after the review and notification described in Article 7.1, but prior to the analysis of the Athlete’s B Sample or the final hearing as described in Article 8 (Right to a Fair Hearing).

7.6.3 However, a Provisional Suspension may not be imposed, whether pursuant to Article 7.6.1 or Article 7.6.2, unless the Athlete or other Personis given either (a) an opportunity for a Provisional Hearing either before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 (Right to a Fair Hearing) on a timely basis after imposition of a Provisional Suspension. National Federations shall impose Provisional Suspensions in accordance with the principles set forth in this Article 7.6.

7.6.4 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if requested by the Athlete or Anti-Doping Organization) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1 of the Code (Presence of a Prohibited Substance or its Metabolites or Markers). In circumstances where the Athlete (or the Athlete's team as may be provided in these anti-doping rules) has been removed from a Competition based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without otherwise affecting the Competition, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Competition.

7.7 Retirement from Sport

If an Athlete or other Person retires while a results management process is underway, IFS or its National Sumo Federations conducting the results management process retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and IFS or its National Sumo Federations would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, IFS or its National Sumo Federations have jurisdiction to conduct results management.

このページのコンテンツには、Adobe Flash Player の最新バージョンが必要です。

Adobe Flash Player を取得