Article 10 - Sanctions On Individuals

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

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 any benefits awarded or advantages afforded based on those results to be vacated, including forfeiture of all medals, points and prizes awarded to the Athlete (whether individually or to a team of which the Athlete was a part) based on those results, except as provided in Article 10.1.1.⁵⁴

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.

10.1.1 If the Athlete establishes that they bear 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

Article 10.2 provides the framework for determining the period of Ineligibility for violations of Articles 2.1 (Presence), 2.2 (Use or Attempted Use) or 2.6 (Possession). This determination is based on several variables such as: the substance or method involved (i.e., non-Specified Substances/non-Specified Methods, Specified Substances/Specified Methods, or Substances of Abuse); whether the Athlete or other Person committed the anti-doping rule violation intentionally; whether the context of the ingestion, Use or Possession was unrelated to sport performance; and whether the Athlete can establish how the Prohibited Substance entered their system.

Article 10.2.1 addresses the period of Ineligibility for violations of Articles 2.1 or 2.2 involving non-Specified Substances and non-Specified Methods. Article 10.2.2 addresses the period of Ineligibility for violations of Articles 2.1 or 2.2 involving Specified Substances or Specified Methods. Article 10.2.3 addresses the period of Ineligibility for violations of Articles 2.1 or 2.2 involving Substances of Abuse. Article 10.2.4 addresses the period of Ineligibility in special circumstances involving criteria for Therapeutic Use Exemptions. Article 10.2.5 addresses the period of Ineligibility for violations of Article 2.6. Article 10.2.6 provides the definition of “intentional” for purposes of Article 10.2.⁵⁵

10.2.1 Non-Specified Substances or Non-Specified Methods

For violations of Articles 2.1 or 2.2 that involve a non-Specified Substance or a non-Specified Method, the period of Ineligibility shall, subject to Articles 10.2.3 and 10.2.4, be four (4) years. The four (4) year period of Ineligibility may be reduced as follows:

10.2.1.1 Where the Athlete can establish how the Prohibited Substance entered their system or the Prohibited Method was Used and that the violation was not intentional, the period of Ineligibility shall be two (2) years. This period of Ineligibility is subject to potential elimination or reduction under Articles 10.5, 10.6 or 10.7.1.

10.2.1.2 Where the Athlete cannot establish that the violation was not intentional, but can establish how the Prohibited Substance entered their system or the Prohibited Method was Used and that the context of the ingestion or Use was unrelated to sport performance, the period of Ineligibility shall be three (3) years. This period of Ineligibility is not subject to elimination or reduction under Articles 10.5 or 10.6.

10.2.1.3 Where the Athlete cannot establish how the Prohibited Substance entered their system or the Prohibited Method was Used, but in exceptional cases can establish to the comfortable satisfaction of the decision making body that, based on reliable scientific evidence, the anti-doping rule violation was not compatible with intentional use of a Prohibited Substance, then the period of Ineligibility may be reduced to two (2) years.⁵⁶ This period of Ineligibility is not subject to elimination or reduction under Article 10.5 or 10.6.

10.2.1.4 For violations resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition and the Athlete can establish that the Prohibited Substance was ingested or Used Out-of-Competition in a context unrelated to sport performance, the period of Ineligibility shall be two (2) years. This period of Ineligibility is subject to potential elimination or reduction under Articles 10.5, 10.6 or 10.7.1.

10.2.2 Specified Substances or Specified Methods

For violations of Articles 2.1 or 2.2 that involve a Specified Substance or a Specified Method, the period of Ineligibility, subject to Articles 10.2.3 and 10.2.4, shall be two (2) years. This period of Ineligibility is subject to elimination or reduction under Articles 10.5, 10.6 or 10.7.1 and is subject to increase as follows:

10.2.2.1 Subject to Article 10.2.2.2, where the Commission can establish that the violation was intentional, the period of Ineligibility shall be four (4) years; provided, however, if the Athlete can establish that the context of the ingestion or Use was unrelated to sport performance, the period of Ineligibility shall be three (3) years. The period of Ineligibility imposed under this Article 10.2.2.1 is not subject to elimination or reduction under Articles 10.5 or 10.6.

10.2.2.2 Where an anti-doping rule violation results from an Adverse Analytical Finding for a substance which is only prohibited In-Competition and the Athlete can establish that the Prohibited Substance was used Out-of-Competition, the period of Ineligibility shall be two (2) years. This period of Ineligibility is subject to elimination or reduction under Articles 10.5, 10.6 or 10.7.1.

10.2.3 Substances of Abuse

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

10.2.3.1 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 two (2) months.⁵⁷

For any subsequent violation involving any Substance of Abuse, the period of Ineligibility calculated under this Article 10.2.3.1 shall be four (4) months which may be reduced to two (2) months if the Athlete enters a Substance of Abuse treatment program approved by the Commission.⁵⁸

The period of Ineligibility established in this Article 10.2.3.1 is not subject to any reduction based on any provision in Articles 10.6, 10.7.1 or 10.7.2.

10.2.3.2 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 period of Ineligibility shall be between six (6) months and two (2) years depending on the circumstances of the case.⁵⁹ This provision is without prejudice to the potential application of Articles 10.5, 10.6 or 10.7.1.⁶⁰

10.2.3.3 Where neither 10.2.3.1 or 10.2.3.2 applies, then the period of Ineligibility shall be determined under the applicable provision in Articles 10.2.1 or 10.2.2.

10.2.4 Therapeutic Use Exemption Criteria

10.2.4.1 Notwithstanding any other provision in Article 10.2, where the Athlete can establish that the presence, Use or Attempted Use or Possession met each of the criteria in Article 4.2 of the International Standard for Therapeutic Use Exemptions (except for the need to show there was no reasonable permitted Therapeutic⁶¹ alternative) at the time the presence, Use or Attempted Use or Possession occurred, then the period of Ineligibility shall be two (2) months. The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Articles 10.6, 10.7.1 or 10.7.2.

10.2.5 Possession

For violations of Article 2.6, the period of Ineligibility shall subject to Article 10.2.3.2, be as follows:

10.2.5.1 Where the violation involves a non-Specified Substance or non-Specified Method, the period of Ineligibility shall be two (2) years if the Athlete or other Person can establish the violation was not intentional; three (3) years if the Athlete or other Person cannot establish that the violation was not intentional, but can establish the Possession was unrelated to sport performance; and four (4) years if the Athlete or other Person cannot establish the violation was not intentional and cannot establish the Possession was unrelated to sport performance.

10.2.5.2 Where the violation involves a Specified Substance or Specified Method, the period of Ineligibility shall be four (4) years if the Commission can establish the violation was intentional, subject to a reduction to three (3) years if the Athlete or other Person can establish that the context of the Possession was unrelated to sport performance; and two (2) years if the Commission cannot establish the violation was intentional.

10.2.5.3 If the period of Ineligibility imposed under Articles 10.2.5.1 or 10.2.5.2 is two (2) years, the period of Ineligibility is subject to potential elimination or reduction under Articles 10.5, 10.6 or 10.7.1.

10.2.6 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.⁶²

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 Articles 10.6 or 10.7 are applicable:

10.3.1 For violations of Articles 2.3 or 2.5, the period of Ineligibility shall be four (4) years except: (i) in a 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 of failing to submit to Sample collection 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 if the Athlete can establish circumstances mitigating the Athlete’s degree of Fault. Fault shall be assessed equally against all three whereabouts failures with the expectation that the Athlete should be on heightened alert after the first and second failures. 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.⁶³

10.3.3 For violations of Articles 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 or Minor 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.⁶⁴

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; where the violation involves a Protected Person or Minor, the period of Ineligibility imposed shall be a minimum of four (4) years, up to a 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.⁶⁵

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.⁶⁶

10.4 Aggravating Circumstances which may Increase the Period of Ineligibility

If the Commission 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 otherwise applicable 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 they did not knowingly commit the anti-doping rule violation.⁶⁷

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 they bear 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 Articles 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 Source

In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance came from a Contaminated Source, 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.⁶⁹

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 10.6.1⁷⁰

If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable, that they bear 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 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.⁷¹ For purposes of this Article 10.7.1, the “otherwise applicable” period of Ineligibility shall mean the period of Ineligibility determined after application of Articles 10.2, 10.3, 10.4, and 10.6.

10.7.2 Period of Ineligibility Reduction for Anti-Doping Rule Violations Based on Early Admission and Acceptance of Sanction

No later than twenty (20) days after receiving notice of an anti-doping rule violation charge, an Athlete or other Person who accepts that the violation is established and accepts all asserted Consequences (including, for the avoidance of doubt, the start date of any period of Ineligibility) will receive a twenty-five percent (25%) reduction from the period of Ineligibility asserted in the notice of anti-doping rule violation charge.⁷² Where the asserted period of Ineligibility is more than four (4) years but less than lifetime, the reduction shall be one (1) year.⁷³ Where the asserted period of Ineligibility is lifetime, there shall be no reduction under this Article 10.7.2.

Article 10.7.2 shall not be applicable to charged violations under Articles 10.2.3.1 or 10.2.4.1.

Where the Athlete or other Person receives a reduction in the period of Ineligibility under this Article 10.7.2, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.⁷⁴ If the Athlete or other Person does not accept the reduction in the period of Ineligibility within the time period established in this Article, then this Article, including but not limited to, what the reduction under this Article would or should have been, may not be raised in any hearing or appeal.

10.7.3 Substantial Assistance in Discovering or Establishing Code Violations⁷⁵

10.7.3.1 Where it has Results Management authority, the Commission 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 Organisation, criminal authority, or professional disciplinary body or sport integrity authority which results in:

(i) the Anti-Doping Organisation discovering facts constituting, or bringing forward a case involving, an anti-doping rule violation or violation of Article 10.14.1 by another Person; or

(ii) a criminal or disciplinary body discovering facts constituting, or bringing forward a case involving, a criminal offense or breach of professional rules committed by another Person providing Substantial Assistance is made available to the Commission; or

(iii) WADA discovering facts constituting, or bringing forward a case involving non-compliance with the Code, International Standard, Technical Document, or Technical Letter against a Signatory, WADA-accredited laboratory or Athlete passport management unit (as defined in the International Standard for Laboratories); or

(iv) with the approval of WADA, a criminal or disciplinary body discovering facts constituting or bringing forward a case involving, 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, the Commission 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 value 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. Information involving the potential doping of Protected Persons or Minors shall be considered particularly valuable. In determining the length of the period for which the period of Ineligibility is suspended, the value of the Substantial Assistance shall be evaluated in terms of months or years rather than as a percentage of the original period of Ineligibility.⁷⁶ However, no more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. For purposes of this Article 10.7.3, the “otherwise applicable” period of Ineligibility shall mean the period of Ineligibility determined after application of Articles 10.2, 10.3, 10.4, 10.6, 10.7.1, 10.7.2, 10.9 and 10.14.3. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article shall 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 the Rules.

The Commission may suspend a smaller portion of the Consequences in an initial decision and, based on reconsideration of the value of the information received, increase the amount of Consequences suspended.

If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, the Commission 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, the Commission shall reinstate the original Consequences. If the Commission 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.

WADA shall be notified of any appeal to CAS involving Article 10.7. If WADA is not already a party, WADA shall have the right to intervene as a party in that proceeding.

10.7.3.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organisations, at the request of the Commission 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 violation of Article 10.14.1, 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.

10.7.3.3 If the Commission 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 Organisations with a right to appeal under Article 13.2.3 as provided in Article 14.

In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorize the Commission to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.

10.7.4 Other Valuable Information and Assistance in the Effort to Eliminate Doping in Sport

Where it has Results Management authority for an anti-doping rule violation or violation of Article 10.14.1, the Commission 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 other valuable information and assistance which does not meet all of the requirements for Substantial Assistance but is still very valuable to the effort to eliminate doping in sport.⁷⁷ Information involving the potential doping of Protected Persons or Minors shall be considered particularly valuable.

After an appellate decision relating to an anti-doping rule violation or a violation of Article 10.14.1 under Article 13 or the expiration of time to appeal that decision, the Commission 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 value of the information and assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. In determining the length of the period for which the period of Ineligibility is suspended, the value of the information and assistance shall be evaluated in terms of months or years rather than as a percentage of the original period of Ineligibility. However, no more than fifteen percent (15%) of the otherwise applicable period of Ineligibility may be suspended. For purposes of this Article 10.7.4 the “otherwise applicable” period of Ineligibility shall mean the period of Ineligibility determined after application of Articles 10.2, 10.3, 10.4, 10.6, 10.7.1, 10.7.2, 10.9 and 10.14.3. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article shall be no less than sixteen (16) 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.

The Commission may suspend a smaller portion of the Consequences in an initial decision and, based on reconsideration of the value of the information and assistance received, increase the amount suspended.

If so requested by an Athlete or other Person who seeks to provide other valuable information and assistance, the Commission shall allow the Athlete or other Person to provide the information to the Commission subject to a Without Prejudice Agreement.

If the Athlete or other Person fails to continue to cooperate and to provide the other valuable information and assistance upon which the suspension of Consequences was based, the Anti-Doping Organisation that suspended Consequences shall reinstate the original Consequences. If an Anti-Doping Organisation 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.

WADA shall be notified of any appeal to CAS involving Article 10.7. If WADA is not already a party, WADA shall have a right to intervene as a party in that proceeding.

10.8 Case Resolution Agreements

Where the Athlete or other Person admits an anti-doping rule violation after being confronted with the anti-doping rule violation by the Commission and agrees to Consequences acceptable to the Commission, then:

(a) the Athlete or other Person and the Commission may file a proposed case resolution agreement with the Sports Tribunal which recommends a reduction in the period of Ineligibility based on an assessment 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) without prejudice to the Athlete or other Person’s right under Article 10.13.1, 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.

The Sports Tribunal will consider and determine the appropriateness of the case resolution agreement based on its assessment of the matters set out in 10.8 (a) and (b). The Sports Tribunal may approve, reject, suggest amendments to, or seek clarification on any aspect of the proposed case resolution agreement. 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 the effective date of a Provisional Suspension which was subsequently respected by the Athlete or other Person.

Where the Sports Tribunal approves a case resolution agreement, the case resolution agreement shall then be submitted to WADA for final approval. If (and only if) WADA approves the case resolution agreement shall it come into force and the Consequences apply. The decision by WADA to approve or not approve a case resolution agreement is final and shall not be subject to further review by the Commission or the Sports Tribunal and shall not be 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, the Commission 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.

The Public Disclosure requirements set out in 14.3.1 to 14.3.8 will apply to any Case Resolution Agreement that is approved by WADA.

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-month period of Ineligibility; or

(b) 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 Articles 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 suspended by the application of Articles 10.7.3 or 10.7.4.

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 Articles 10.2.3.1 or 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 Violations⁷⁸

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 the Commission can establish that the Athlete or other Person committed the additional anti-doping rule violation after the Athlete or other Person received initial notification pursuant to Article 7 in accordance with the International Standard for Results Management, of the first potential anti-doping rule violation, or after the relevant Anti-Doping Organisation made reasonable efforts to give such notice. If the Commission 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 10.10.⁷⁹

10.9.3.2 If the Commission establishes that an Athlete or other Person committed an additional anti-doping rule violation prior to receiving the first notice of violation, 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 will be served consecutively, rather than concurrently, with the period of Ineligibility imposed for the first-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 the Commission 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 Where an Athlete is charged with a second anti-doping rule violation under Article 2.1, and the Athlete can establish that the Adverse Analytical Finding for the second anti-doping rule violation resulted solely from the residual presence of the Prohibited Substance in their system from the same ingestion or Use that resulted in the first anti-doping rule violation, the Athlete shall be deemed to have established they bear No Fault or Negligence for the second violation, and the second violation shall not be considered a violation for purposes of Article 10.9.⁸⁰

10.9.3.5 If the Commission 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-Year Period

For purposes of Article 10.9, each anti-doping rule violation shall take place within the same ten-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.⁸¹

10.11 Forfeited Prize Money

If the Commission 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.⁸² An International Federation shall provide in its rules whether or not the redistributed prize money shall be considered for the purposes of ranking its Athletes.

10.12 Financial Consequences

10.12.1 Where the Commission brings proceedings before the Sports Tribunal, the recovery of costs or imposition of financial sanctions shall be as determined by the Sports Tribunal.

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

10.12.3 The Sports Tribunal shall only impose financial sanctions where the principle of proportionality is satisfied and in cases where the maximum period of Ineligibility otherwise applicable has been imposed.

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, the Commission or the Sports Tribunal, 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.⁸³

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 the Commission 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 14.1.⁸⁴

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.

10.14 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:

(i) compete or participate in any capacity in a Competition or activity (other than authorized anti-doping Education or rehabilitation programs) authorized, organized or funded by any Signatory, Signatory's member organisation, or a club or other member organisation of a Signatory’s member organisation;

(ii) compete or participate in any capacity in Competitions or training activities authorized or organized by any professional league, any professional Event⁸⁵ organisation or any international or national-level Event organisation where not already covered by Article 10.14.1(i);

(iii) compete or participate in any capacity in Competitions or training activities funded by a governmental agency;

(iv) provide any sport-related services, including without limitation serving as a coach or other Athlete Support Personnel, to any Athlete or other Person bound by rules adopted pursuant to the Code (and doing so could also result in a violation of Article 2.10 by such Athlete(s));

(v) serve as a board member, officer, director, official or senior executive, or in any position involving Doping Control or involving direct contact with Athletes or Athlete Support Personnel, of any Signatory, Signatory’s member organisation, or a club or other member organisation of a Signatory’s member organisation; or

(vi) receive compensation from any Signatory, Signatory’s member organisation, or a club or other member organisation of a Signatory’s member organisation, except for compensation for employment for services not prohibited as described in Article 10.14.1 (v) above.⁸⁶

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 or Minors.

An Athlete or other Person subject to a period of Ineligibility who has not retired shall remain subject to Testing and any requirement by the Commission to provide whereabouts information.⁸⁷

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 organisation of a National Sport Organisation or other Signatory’s member organisation 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. The permitted training window for Athletes that were Protected Persons at the time of the anti-doping rule violation shall be the last one-half of the period of Ineligibility imposed.⁸⁸

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 may be adjusted down to a reprimand and no period of Ineligibility based on the Athlete or other Person’s degree of Fault and other circumstances of the case. Subject to Article 7.1.4 of the Code, 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 Organisation 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, the Commission 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 Articles 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 the Commission, the Government of New Zealand, the National Olympic Committee of New Zealand, the National Paralympic Committee of New Zealand and the National Sporting Organisation, as well as by other Signatories or Signatories’ member organisations, as applicable.

10.15 Automatic Publication of Sanction

10.15 Automatic Publication of Sanction

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

Footnotes

54 [Comment to Article 10.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the swimming World Championships).]

⁵⁵ [Comment to Article 10.2: Before considering whether Article 10.5 or Article 10.6 apply, the Anti-Doping Organization (or hearing panel) shall first determine whether the Athlete has satisfied their burden of establishing that the violation was not intentional. To do that, the Athlete shall, except for the narrowest of corridors described in Article 10.2.1.3, show how the Prohibited Substance entered their system and also that the timing of such ingestion or Use is consistent with the analytical results from their Sample.]

⁵⁶ [Comment to Article 10.2.1.3: While it is theoretically possible for an Athlete to establish entitlement to a reduction under this Article without showing how the Prohibited Substance entered their system, this has been described in cases as the “narrowest of corridors.” In order to access this exceptionally narrow corridor, an Athlete shall present reliable scientific evidence establishing that the anti-doping rule violation was not compatible with intentional Use of a Prohibited Substance. For example, reliable scientific evidence could include the detection of a non-therapeutic amount of the Prohibited Substance in the Athlete’s Sample coupled with a metabolic profile indicating very recent Administration or prior or subsequent Samples from the Athlete which confirm that the Prohibited Substance detected was not the tail end of the excretion curve from a therapeutic dose or other doping regimen. Hair tests are unlikely to serve as reliable evidence to disprove intentional doping. With respect to results of lie-detector tests, see Comment to Article 3.2. Further, evidence in the form of negative Testing history, change, or lack of change, in body mass or competitive results, lack of motivation to dope and testimony of the Athlete and the Athlete supporters, shall not be sufficient to justify a reduction in the period of Ineligibility. For the avoidance of doubt, the Athlete may submit and the hearing body may consider non-scientific evidence as well, but reliable scientific evidence is a necessary element to establish entitlement to a reduction under this Article. As used in this Article, “exceptional case” is not intended to create an independent element that must be established by the Athlete, but rather indicates the rarity and uniqueness of cases where the required elements of proof will be met.]

⁵⁷ [Comment to Article 10.2.3.1: While the Code does not condition the two-month period of Ineligibility for a first violation on the Athlete‘s entering a treatment program, the Commission should consider, in their discretion and to the extent of their expertise and resources, adopting policies that would encourage and facilitate the Athlete’s seeking of a professional medical evaluation after a first violation, and, if recommended, to enter a treatment or rehabilitation program as appropriate.]

⁵⁸ [Comment to Article 10.2.3.1: The determinations as to whether the treatment program is approved shall be made in the sole discretion of the Commission. This Article is intended to give the Commission the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs. The Commission may also impose a sanction of two (2) months if, in its sole discretion, it determines that treatment is not necessary, for example the Adverse Analytical Finding resulted from the ingestion of coca tea. This Article also applies to different routes by which a Substance of Abuse may be ingested, e.g., drinking coca tea.]

⁵⁹ [Comment to Article 10.2.3.2: The “circumstances of the case” may include, for example, the specific nature of the Use or Possession, the type and quantity of the Prohibited Substance detected, the proximity in time between the ingestion and the Athlete’s actually competing, the potential benefit (actual or perceived) to the Athlete of the ingestion in relation to the Athlete’s performance in the Competition, the Athlete or other Person’s level of anti-doping experience and education, and other fault-related considerations that might not otherwise satisfy the requirements for application of Article 10.5.]

60 [Comment to Article 10.2.3.2: While it is theoretically possible for the Athlete to establish No Fault or Negligence or No Significant Fault or Negligence with respect to the In-Competition ingestion, Use or Possession of a Substance of Abuse, this would occur only in rare, exceptional cases.]

⁶¹ [Comment to Article 10.2.4.1: For purposes of this Article, the term “Therapeutic” shall be defined in accordance with the definition contained in the International Standard for Therapeutic Use Exemptions.]

⁶² [Comment to Article 10.2.6: Article 10.2.6 provides a special definition of “intentional” which is to be applied solely for purposes of Article 10.2.]

⁶³ [Comment to Article 10.3.2: The whereabouts requirements in the Code and International Standard for Testing are a fundamental part of any effective effort to combat doping in sport. In order to deter and detect cheating, Anti-Doping Organizations shall be able to conduct no advance notice, Out-of-Competition Testing based upon reliable whereabouts information. The whereabouts requirements in the Code also allow clean Athletes to credibly claim that they are subject to Testing at any time so that the public can have confidence that they are clean. Whereabouts failures are not just “paperwork violations,” they directly undermine the ability of Anti-Doping Organizations to catch doped Athletes and the public’s confidence in the accountability of clean Athletes.]

⁶⁴ [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than the Athletes who test positive. Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.]

⁶⁵ [Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 (Prohibited Association by an Athlete or Other Person) is an entity and not an individual, that entity may be disciplined as provided in Article 12.]

⁶⁶[Comment to Article 10.3.6: Conduct that is found to violate both Article 2.5 (Tampering) and Article 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that carries the more severe sanction.]

⁶⁷[Comment to Article 10.4: Violations under Articles 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or Attempted Administration), 2.9 (Complicity or Attempted Complicity) and 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not included in the application of Article 10.4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.]

68 [Comment to Article 10.5: This Article and Article 10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, they were sabotaged by a competitor. Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or other Person within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.6 based on No Significant Fault or Negligence.]

⁶⁹[Comment to Article 10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person shall establish not only that the detected Prohibited Substance came from a Contaminated Source, that the Athlete ingested, Used or was exposed to, and that the analytical results are consistent with that Use, the Athlete shall also separately establish No Significant Fault or Negligence. It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. The sanction reduction based on No Significant Fault or Negligence has rarely been applied in nutritional supplement cases unless the Athlete has exercised a high level of caution before taking the contaminated product. In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the contaminated product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the Doping Control form.

Where the Athlete establishes that an Adverse Analytical Finding results from a Contaminated Source in circumstances where no reasonable person would expect any risk of an anti-doping rule violation, No Fault or Negligence under Article 10.5 may be applicable.]

⁷⁰ [Comment to Article 10.6.2: Article 10.6.2 may be applied to any anti-doping rule violation except, those Articles where intent is an element of the anti-doping rule violation (e.g., Articles 2.5, 2.7, 2.8, 2.9 or 2.11) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is already provided in an Article based on the Athlete or other Person’s degree of Fault.]

71 [Comment to Article 10.7.1: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organization is aware that an anti-doping rule violation might have been committed. It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes they are about to be caught. (e.g. where the Athlete discloses the Use of a Prohibited Substance while knowing or having reason to believe that a pending test will result in an Adverse Analytical Finding). The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had they not come forward voluntarily.]

⁷² [Comment to Article 10.7.2: For the avoidance of doubt, the reduction is calculated from the period of Ineligibility asserted in the charging letter rather than the period of Ineligibility stated in the initial notice of potential anti-doping rule violation However, an Athlete or other Person does not need to wait for the charging letter before accepting the violation in accordance with this Article; where the Athlete or other Person accepts the violation in accordance with this Article prior to issuance of the charging letter, the reduction would be calculated from the period of Ineligibility asserted in the initial notice of potential anti-doping rule violation. In some countries, the imposition of a period of Ineligibility is left entirely to a hearing body. In those countries, the Anti-Doping Organization cannot assert a specific period of Ineligibility in a charging letter for purposes of Article 10.7.2. In these circumstances, the hearing body may consider applying Article 10.7.2 where the Athlete or other Person has met the requirements for the reduction.]

73 [Comment to Article 10.7.2: For example, if an Anti-Doping Organization alleges that an Athlete has violated Article 2.2 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years in the charging letter, then the Athlete may unilaterally reduce the period of Ineligibility to three (3) years by admitting the violation and accepting the three-year period of Ineligibility within the time specified in this Article, with no further reduction allowed. This resolves the case without any need for a hearing.]

74 [Comment to Article 10.7.2: For the avoidance of doubt, this Article does not preclude a suspension of the period of Ineligibility under Article 10.7.3 or 10.7.4.]

⁷⁵ [Comment to Article 10.7.3: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.]

⁷⁶ [Comment to Article 10.7.3.1: In evaluating the value of the Substantial Assistance provided, priority shall be given to assistance which is important to anti-doping efforts and enforcement of the Code. Most important are situations where: Protected Persons or Minors have been doped by Athlete Support Personnel or other Persons; where a doping scheme involves a public authority, Anti-Doping Organization, WADA accredited or approved laboratory, or other Code Signatories or their members; where the doping scheme involves the Use of a Prohibited Substance or Prohibited Method which is particularly difficult to detect, or where the doping scheme involves multiple Athletes.]

⁷⁷ [Comment to Article 10.7.4: Substantial Assistance under Article 10.7.3 requires the disclosure of misconduct by another Person. This Article 10.7.4 does not. The Athlete or other Person is still required to provide full and credible information without holding anything back, including the identity of other involved parties. However, it may simply be the case that they don’t have any information regarding the conduct of another Person. For example, if an Athlete discloses their use of an effective doping regimen or new substance in a prohibited class which they learned about from the internet that has allowed their doping to avoid being detected, this type of information and assistance would be highly valuable to the effort to eliminate doping even if the Athlete is not able to provide evidence regarding the involvement of another Person.]

⁷⁸[Comment to Article 10.9.3: This Article does not address violations of Article 10.14.1, as the Consequences for violations of Article 10.14.1 are addressed separately in Article 10.14.3.]

79 [Comment to Article 10.9.3.1: The same rule applies where, after the imposition of a sanction, the Commission discovers facts involving an anti-doping rule violation that occurred prior to notification for a first anti-doping rule violation – e.g., a sanction shall be imposed based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including the application of Aggravating Circumstances.]

80 [Comment to Article 10.9.3.4: For the avoidance of doubt, the second violation would still subject the Athlete to other Consequences including, without limitation, under Articles 7.4, 9, 10.1 and 14.3 where applicable.]

81 [Comment to Article 10.10: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.]

82 [Comment to Article 10.11: This Article is not intended to impose an affirmative duty on the Commission to take any action to collect forfeited prize money. If the Commission elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. “Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by the Commission and its Athletes.]

⁸³[Comment to Article 10.13.1: In Athlete Biological Passport cases or cases of anti-doping rule violations other than under Article 2.1, the time required for an Anti-Doping Organization to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirmative action to avoid detection. In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used. Where the body determines that substantial delays attributable to parties other than the Athlete or other Person justifies commencing the period of Ineligibility at an earlier date, the backdated period of time should not exceed the amount of delay attributable to the parties and should not include any period of delay attributable to the Athlete or other Person. For the avoidance of doubt, the period of time between the original analysis of a Sample and the further analysis under Article 6.6 shall not be considered a delay under Article 10.13.1.]

⁸⁴[Comment to Article 10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way as to draw an adverse inference against the Athlete.]

⁸⁵ [Comment to Article 10.14.1 (ii): With respect to the terms “professional league” and “professional Event”, further guidance may be provided in the International Standard for Results Management or guidelines.]

86 [Comment to Article 10.14.1: The term “activity” as used in this Article includes all competitive, training and administrative functions, as well as social functions where the Person has a formal or official role or receives recognition, authorized or organized by the referenced organizations.

By way of example, this Article does not prohibit an Ineligible Person from engaging in the following activities so long as the Ineligible Person is not acting as an Athlete Support Personnel, the activity is not funded by a government and is not authorized, organized or funded by any Signatory, Signatory’s member organization, or a club or other member organization of a Signatory’s member organization:

(1) an Ineligible basketball player could participate in a pick-up basketball game with former teammates;

(2) an Ineligible distance runner could go for a run with friends or other elite Athletes;

(3) an Ineligible swimmer could swim in a separate lane in the same pool where a national team trains as long as the swimmer has no involvement with the team training;

(4) an Ineligible figure skater could receive coaching or athletic training services from Athlete Support Personnel who also work for a referenced organization as long as the services provided to the figure skater are not performed as part of the Athlete Support Personnel’s job duties for the referenced organization; and

(5) an Ineligible gymnast could receive payments from an individual sponsor as long as the payments are not connected to or arranged by a referenced organization.

Ineligibility imposed in one sport shall be recognized by other sports (see Article 15.1, Automatic Binding Effect of Decisions). Any performance standard accomplished during a period of Ineligibility shall not be recognized by a Signatory or its National Federations for any purpose.

Without prejudice to Article 5.6.2 and for the avoidance of doubt, the prohibition against participating in any capacity in the activities identified in this Article shall continue to apply to retired Persons through the duration of their period of Ineligibility.

For the avoidance of doubt, where the Ineligible Person is an Athlete under a club contract of employment for athletic services, Article 10.14.1 (vi) does not prohibit the club from continuing to make contractual payments to the Athlete during the period of Ineligibility or Provisional Suspension so long as the Athlete does not engage in any activities prohibited in Article 10.14.1 (v).]

87 [Comment to Article 10.14.1: For the avoidance of doubt, the prohibition against participation in any capacity in the activities identified in this Article shall continue to apply to retired Persons through the duration of their period of Ineligibility.]

88 [Comment to Article 10.14.2: In many Team Sports and some Individual Sports (e.g., ski jumping and gymnastics), Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.14.1 other than training.]

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Article 10 - Sanctions On Individuals

Article 10 - Sanctions On Individuals