7.2    Review and Notification Regarding Potential Anti-Doping Rule Violations or Violations of Article 10.14.1

7.2    Review and Notification Regarding Potential Anti-Doping Rule Violations or Violations of Article 10.14.1

The Commission shall carry out the review and notification with respect to any potential anti-doping rule violation or violation of Article 10.14.1 in accordance with the International Standard for Results Management.

7.3    Identification of Prior Anti-Doping Rule Violations

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, the Commission shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organisations to determine whether any prior anti-doping rule violation exists.

7.4    Provisional Suspensions

7.4    Provisional Suspensions⁴¹

7.4.1     Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport Finding

If the Commission receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process)⁴²  for a Prohibited Substance or a Prohibited Method other than a Specified Substance, Specified Method, or Substance of Abuse, it shall impose a Provisional Suspension on the Athlete (i) with respect to an Adverse Analytical Finding,  upon sending the notification required by Article 7.2; and (ii) with respect to an Adverse Passport Finding, upon sending the notification of charge (after completion of the Adverse Passport Finding review process).

A mandatory Provisional Suspension may be lifted if it is demonstrated to the Sports Tribunal, or on appeal that adjudication of the alleged violation is likely⁴³ to result in a finding of no anti-doping rule violation, No Fault or Negligence under Article 10.5, a reprimand with no period of Ineligibility under Article 10.6.1.2 (Contaminated Source), or the time already served by the Athlete under the Provisional Suspension would exceed the period of Ineligibility asserted in the charging letter for the anti-doping rule violation.

7.4.1.1 Application to Lift Mandatory Provisional Suspension

As a prerequisite to filing an appeal to CAS against a mandatory Provisional Suspension imposed by the Commission, an Athlete must follow the procedures detailed in this Article 7.4.1.1.⁴⁴  

If the Commission imposes a Provisional Suspension against an Athlete pursuant to Article 7.4.1, the Athlete may challenge such decision before the Sports Tribunal in accordance with the process set out at Article 8, mutatis mutandis. Challenges before the Sports Tribunal shall be conducted under an expedited procedure and a decision shall be rendered promptly. 
If the Sports Tribunal denies the Athlete’s application, that decision may be appealed by the Athlete to CAS pursuant to Article 7.4.3. If the Sports Tribunal lifts the Athlete’s Provisional Suspension, that decision may be appealed by the Commission to CAS in accordance with Article 7.4.3.

7.4.2    Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances, Specified Methods, or Other Anti-Doping Rule Violations or Violations of Article 10.14.1

The Commission may impose a Provisional Suspension for alleged anti-doping rule violations prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8, for violations of Article 10.14.1 or anti-doping rule violations where a mandatory Provisional Suspension is not required by Article 7.4.1.

An optional Provisional Suspension may be lifted at the discretion of the Commission at any time prior to the Sports Tribunal’s decision under Article 8, unless provided otherwise in the International Standard for Results Management.

7.4.2.1     Application to Lift Optional Provisional Suspension
As a prerequisite to filing an appeal to CAS against an optional Provisional Suspension imposed by the Commission, an Athlete or other Person must follow the procedures detailed in this Article 7.4.2.1.⁴⁵ 

If the Commission imposes a Provisional Suspension against an Athlete or other Person pursuant to Article 7.4.2, the Athlete or other Person may challenge such decision before the Sports Tribunal in accordance with the process set out at Article 8, mutatis mutandis. Challenges before the Sports Tribunal shall be conducted under an expedited procedure and a decision shall be rendered promptly.

If the Sports Tribunal denies the Athlete or other Person’s application, that decision may be appealed by the Athlete or other Person to CAS pursuant to Article 7.4.3. If the Sports Tribunal lifts the Athlete or other Person’s Provisional Suspension, that decision may be appealed by the Commission to CAS in accordance with Article 7.4.3.

7.4.3    Appeals to CAS from Decisions regarding Provisional Suspensions

Any appeal taken by any Person entitled to appeal under Article 13.2.3 from a decision under Article 7.4.1.1 or Article 7.4.2.1 not to impose a Provisional Suspension, or to lift or not lift a Provisional Suspension shall be made exclusively to CAS to be decided by a sole arbitrator. WADA shall receive notice of the appeal from all parties to the appeal and CAS.⁴⁶  WADA shall have the right to file an intervention request in any appeal filed by an Athlete or other Person under this Article within ten (10) days after it has received notification of the answer as further provided in the International Standard for Results Management.

Appeals challenging Provisional Suspension decisions under this Article shall not justify any delay in the underlying case on the merits.

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 the Commission) 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, if without otherwise affecting the Event, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Event.

7.5    Results Management Decisions

7.5    Results Management Decisions

Results Management decisions shall 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 or violation of Article 10.14.1 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) or violation(s) of Article 10.14.1, 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.⁴⁷

7.6    Notification of Results Management Decisions

7.6    Notification of Results Management Decisions

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

7.7     Retirement from Sport

7.7     Retirement from Sport 

If an Athlete or other Person retires while the Commission’s Results Management process is underway, the Commission retains authority to complete its Results Management process. If an Athlete or other Person retires before any Results Management process has begun, and the Commission 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 or violation of Article 10.14.1, the Commission has authority to conduct Results Management. Any retired Athlete or other Person who during retirement tampers with the ongoing Results Management of an anti-doping rule violation or violation of Article 10.14.1 for which they have been charged, shall remain subject to the authority of all relevant Signatories for the violation of Tampering under Article 2.5.

7.8    Cases Subject to Review by Independent Review Expert

7.8    Cases Subject to Review by Independent Review Expert

7.8.1       This Article 7.8 applies to rare cases where the Commission is considering closing a case or not proceeding with normal Results Management processes after the Commission has received notice of an Adverse Analytical Finding and has completed the initial review required under Article 7.2 (i.e., the Commission has determined no Therapeutic Use Exemption has been granted, there is no apparent departure from the International Standard for Testing or International Standard for Laboratories, and it is not apparent that the Adverse Analytical Finding was caused by ingestion of a Prohibited Substance through a permitted route). In such cases, the Commission shall:

7.8.1.1     provide notice of the Adverse Analytical Finding to the Athlete in accordance with Articles 7.2, 7.4.1 and 7.4.2.⁴⁹ 

7.8.1.2 promptly submit a request for an opinion from the Independent Review Expert as to whether public policy or other compelling reasons, taking into account the rights of and impact on clean Athletes, justify the departure from the normal Results Management process for addressing Adverse Analytical Findings.⁵⁰  A copy of the request shall be provided simultaneously to WADA and to each other party entitled to appeal the decision under Article 13. The Commission shall provide its full file to, and fully cooperate with, the Independent Review Expert.

7.8.2     After reviewing the file, and obtaining any other information deemed necessary from the Commission, WADA or third parties, the Independent Review Expert shall issue a written opinion and recommendation to the Commission, with a copy to WADA, advising whether a departure from the normal Results Management process is justified in the particular circumstances of the case.

7.8.3       Upon receiving the Independent Review Expert’s opinion and recommendation, the Commission shall issue a written decision on whether it will proceed with normal Results Management processes or not move forward with the Adverse Analytical Findings. This decision shall be provided to WADA, and the decision along with the Independent Review Expert’s opinion and recommendation shall be provided to each other party entitled to appeal the decision under Article 13. The decision is subject to appeal directly to CAS in accordance with the applicable provisions in Article 13. If a decision by the Commission to not move forward with the Adverse Analytical Findings is set aside or reversed on appeal, CAS may maintain jurisdiction to rule on the merits of any alleged anti-doping rule violation related to the Adverse Analytical Findings or may direct the Commission to proceed with the normal Results Management process.

7.8.4   Where the Commission  fails to go forward with the normal Results Management processes without seeking and obtaining an opinion and recommendation from the Independent Review Expert, or fails to go forward with the normal Results Management processes in contravention of the Independent Review Expert’s opinion and recommendation, and it is ultimately determined on appeal that an anti-doping rule violation occurred, the Commission  may be subject to non-compliance proceedings under Article 24 of the Code and the International Standard for Code Compliance by Signatories and shall be required to reimburse the appealing part(y)(ies) for costs and reasonable legal fees incurred in connection with each level of the appellate process.

7.8.5       The process to be followed for cases under this Article 7.8 shall be described in greater detail in the International Standard for Results Management.

Footnotes

⁴¹       [Comment to Article 7.4: Before a Provisional Suspension can be unilaterally imposed by the Commission, the internal review specified in these Anti-Doping Rules and the International Standard for Results Management shall first be completed.]

⁴²     [Comment to Article 7.4.1: For the avoidance of doubt, nothing prevents the Results Management Authority from imposing, an optional Provisional Suspension before the completion of the review process of the Adverse Passport Finding.]

⁴³     [Comment to Article 7.4.1: As used in this Article “likely” means a well-founded assertion. This standard is somewhat less than balance of probability but substantially more than mere possibility or plausibility; the assertion shall be supported by a good evidentiary foundation, including concrete evidentiary elements.]

⁴⁴     [Comment to Article 7.4.1.1: For the avoidance of doubt, the Athlete’s challenge of a mandatory Provisional Suspension before an Article 8 hearing panel, where contemplated by an Anti-Doping Organization’s anti-doping rules, is not considered an “appeal” for purposes of Articles 7.4.3 or 13, and any party with the right to appeal a decision to lift a mandatory Provisional Suspension under Article 13.2.3 shall not be required to exhaust internal remedies, including without limitation requesting relief from the Article 8 hearing panel, before filing an appeal with CAS under Article 7.4.3.]

⁴⁵    [Comment to Article 7.4.2.1: For the avoidance of doubt, the Athlete or other Person’s further challenge of an optional Provisional Suspension before an Article 8 hearing panel, where contemplated by an Anti-Doping Organization’s anti-doping rules, is not considered an “appeal” for the purposes of Articles 7.4.3 or 13, and any party with the right to appeal a decision to lift an optional Provisional Suspension under Article 13.2.3 shall not be required to exhaust internal remedies, including without limitation requesting relief from the Article 8 hearing panel, before filing an appeal with CAS under Article 7.4.3.]

⁴⁶        [Comment to Article 7.4.3: As provided in Article 13.2.3.3, notice of the appeal to WADA is a condition to the admissibility of the appeal.]

⁴⁷      [Comment to Article 7.5: Results Management decisions include Provisional Suspensions.

Each decision should address whether an anti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 10.1 (which is left to the ruling body for an Event). Pursuant to Article 15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. For example, for a determination that an Athlete committed an anti-doping rule violation based on an Adverse Analytical Finding for a Sample taken In-Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 10.1.]

⁴⁸       [Comment to Article 7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authority of any Anti-Doping Organization would not constitute an anti-doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organization.]

⁴⁹     [Comment to Article 7.8.1.1: For the avoidance of doubt, the notice shall include the imposition of a mandatory Provisional Suspension where required by Article 7.4.1 or an optional Provisional Suspension if the Anti-Doping Organization determines an optional Provisional Suspension is merited.]

50    [Comment to Article 7.8.1.2: For the avoidance of doubt, the Independent Review Expert process is intended to be reserved for exceptional cases where proceeding with the normal Results Management processes would be considered an unjustified and unconscionable result by most stakeholders. One example of such a case would be where an Anti-Doping Organization determines it is likely that Adverse Analytical Findings for multiple Athletes resulted from a Contaminated Source and that the Athletes have a reasonable likelihood of establishing No Fault or Negligence. For the avoidance of doubt, Article 7.8 does not apply to cases concluded by the Anti-Doping Organization in accordance with Article 10.8.]