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FAI Anti-Doping
Rules & Procedures
Version 2.1 18 September 2008
Effective from 01 January 2009
TABLE OF CONTENTS
Fundamental Rationale for the World Anti-Doping Code and FAI's Anti-Doping Rules and Procedures . 3 Scope. 4 DEFINITION OF DOPING . 5 ANTI-DOPING RULE VIOLATIONS . 5 PROOF OF DOPING. 6 THE PROHIBITED LIST. 7 TESTING. 9 ANALYSIS OF SAMPLES .11 RESULTS MANAGEMENT .12 RIGHT TO A FAIR HEARING.17 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS .18 SANCTIONS ON INDIVIDUALS .18 CONSEQUENCES TO TEAMS .26 NATIONAL AIRSPORT CONTROLS' INCORPORATION OF FAI RULES, REPORTING AND RECOGNITION .28 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS .29 STATUTE OF LIMITATIONS.29 FAI COMPLIANCE REPORTS TO WADA.30 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES .30 ACKNOWLEDMENT AND AGREEMENT .37 FAI ANTI-DOPING RULES AND PROCEDURES
On 12 November 2003 during the 96th FAI General Conference in Krakow, Poland, FAI accepted the World Anti-Doping Code. These FAI Anti-Doping Rules and Procedures are designed to implement FAI's responsibilities under this Code and the World Anti-Doping Code, and to reflect FAI's determination to ensure that there is no doping in air sports. Anti-Doping Rules, like Competition rules, govern the conditions under which sport is pursued. Athletes accept these rules as a condition of participation. Anti-Doping Rules are not intended to be subject to or limited by the requirements and legal standards applicable to criminal proceedings or employment matters. The policies and standards set forth in the World Anti-Doping Code and implemented in these Anti-Doping Rules and Procedures represent the consensus of a broad spectrum of opinion of those interested in fair sport, and are likely to be respected by all courts and adjudicating bodies. The use of italics in these Rules and Procedures (for example: "Athlete") indicates that the word or phrase concerned is defined in Appendix 1. Readers are invited to consult this important Appendix before reading the document itself, and to become familiar with the definitions shown there, especially with the meaning of terms such as "Athlete", which here embraces pilots, parachutists and aeromodellers. Fundamental Rationale for the World Anti-Doping Code and FAI's Anti-Doping Rules
and Procedures
Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is sometimes referred to as "the spirit of sport". This spirit of sport is characterized by such positive elements as: • Ethics, fair play and honesty • Respect for rules and laws • Respect for self and other participants • Dedication and commitment • Community and solidarity • Excellence in performance • Character and education • Excitement and pleasure Doping is fundamentally contrary to the spirit of sport. FAI Anti-Doping Rules And Procedures 2008 This document consists essentially of text provided by the World Anti-Doping Agency (WADA) and based on the requirements set out in the World Anti-Doping Code. In the interests of standardization across all sports and ease of future amendment, WADA terminology has been retained even where this is slightly at variance with traditional FAI usage. It is not the intention of FAI, nor of WADA, to prohibit the intake of any substance essential
for the maintenance of an Athlete's health and well-being in the air, and thus for flight safety.
In particular, the carriage and use of supplemental oxygen in accordance with the
recommendations of the International Civil Aviation Organisation (ICAO) does not constitute
an anti-doping rule violation.
These Anti-Doping Rules and Procedures shall apply to FAI, and where applicable to each National Airsport Control of FAI, and each Participant in the activities of FAI or any of its National Airsport Controls by virtue of the Participant's membership, accreditation, or participation in FAI, its National Airsport Controls, or their activities or Events. It is the responsibility of each National Airsport Control to ensure that all national-level Testing on the National Airsport Control's Athletes complies with these Anti-Doping Rules and Procedures. In some cases, the National Airsport Control itself will be conducting the Doping Control described in these Anti-Doping Rules and Procedures. In other countries, many of the Doping Control responsibilities of the National Airsport Control have been delegated or assigned by statute to a National Anti-Doping Organization. In those countries, references in these Anti-Doping Rules and Procedures to the National Airsport Control shall apply, as applicable, to the National Airsport Control's National Anti-Doping Organization. These Anti-Doping Rules and Procedures shall apply to all Doping Controls over which FAI and its National Airsport Controls have jurisdiction. National Airsport Controls and Event Organizers should require all Participants to sign an Acknowledgement and Agreement regarding doping in accordance with the format shown at Appendix 2. FAI Anti-Doping Rules And Procedures 2008 ARTICLE 1
DEFINITION OF DOPING
Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.8 of these Anti-Doping Rules and Procedures. ARTICLE 2
ANTI-DOPING RULE VIOLATIONS
Athletes and other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included on the Prohibited List. The following constitute anti-doping rule violations: The presence of a Prohibited Substance or its Metabolites or Markers in an
Athlete's Sample
2.1.1 It is each Athlete's personal duty to ensure that no Prohibited
Substance enters his or her body. Athletes are responsible for any Prohibited
Substance or its Metabolites or Markers found to be present in their Samples.
Accordingly, it is not necessary that intent, fault, negligence or knowing Use
on the Athlete's part be demonstrated in order to establish an anti-doping
violation under Article 2.1.
2.1.2 Sufficient proof of an anti-doping rule violation under article 2.1 is
established by either of the following: presence of a Prohibited Substance or
its Metabolites or Markers in the Athlete's A Sample where the Athlete waives
analysis of the B Sample and the B Sample is not analyzed; or where the
Athlete's B Sample is analyzed and the analysis of the Athlete's B Sample
comfirms the presence of the Prohibited Substance or its Metabolites or
Markers found in the Athlete's A Sample.
2.1.3 Excepting those substances for which a quantitative threshold is
specifically identified in the Prohibited List, the presence of any quantity of a
Prohibited Substance or its Metabolites or Markers in an Athlete's Sample
shall constitute an anti-doping rule violation.
2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List or
International Standards may establish special criteria for the evaluation of
Prohibited Substances that can also be produced endogenously.
2.2
Use or Attempted Use by an Athlete of a Prohibited Substance or a
Prohibited Method
2.2.1 It is each Athlete's personal duty to ensure that no Prohibited Substance
enters his or her body. Accordingly, it is not necessary that intent, fault,
negligence or knowing Use on the Athlete's part be demonstrated in order to
establish an anti-doping rule violation for Use of a Prohibited Substance or a
Prohibited Method.
The success or failure of the Use or attempted Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed. FAI Anti-Doping Rules And Procedures 2008 Refusing or failing without compelling justification to submit to Sample
collection after notification as authorized in these Anti-Doping Rules and
Procedures, or otherwise evading Sample collection.
Violation of applicable requirements regarding Athlete availability for Out-
of-Competition Testing set out in the International Standard for Testing, including
failure to file required whereabouts information in accordance with Article 11.3 of
the International Standard for Testing (a "Filing Failure") and failure to be available for
Testing at the declared whereabouts in accordance with Article 11.4 of the International
Standard for Testing (a "Missed test"). Any combination of three Missed Tests and/or
filing failures committed within an eighteen-month period as declared by FAI or any
other Anti-Doping Organizations with jurisdiction over an Athlete, shall constitute an
anti-doping rule violation.
2.5
Tampering, or Attempting Tampering, with any part of Doping Control.
2.6
Possession of Prohibited Substances and Methods
2.6.1 Possession by an Athlete In-Competition of any Prohibited Method or
any Prohibited Substance, or Posession by an Athlete Out-of-Competition of
any Prohibited Method or any Prohibited Substance which is prohibited Out-
of-Competition unless the Athlete establishes that the Possession is pursuant
to a therapeutic use exemption ("TUE") granted in accordance with Article 4.4
(Therapeutic Use) or other acceptable justification.
2.6.2 Possession by an Athlete Support Personnel In-Competition of any
Prohibited Method or any Prohibited Substance, or Possession by Athlete
Support Personnel Out-of-Competition of any Prohibited Method or any
Prohibited Substance which is prohibited Out-of-Competition, in connection
with an Athlete, Competition or training, unless the Athlete Support Personnel
establishes that the Possession is pursuant to a TUE granted to an Athlete in
accordance with Article 4.4 (Therapeutic Use) or other acceptable
justification.
2.7
Trafficking or Attempted Trafficking in any Prohibited Substance or
Prohibited Method.
Administration or Attempted administration to any Athlete In-Competition of
any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted anti-doping rule violation. ARTICLE 3
PROOF OF DOPING
Burdens and Standards of Proof
FAI and its National Airsport Controls shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether FAI or its National Airsport Control has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule FAI Anti-Doping Rules And Procedures 2008 violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Articles 10.4 and 10.6 where the Athlete must satisy a higher burden of proof. Methods of Establishing Facts and Presumptions
Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases: 3.2.1 WADA-accredited laboratories are presumed to have conducted
Sample analysis and custodial procedures in accordance with the
International Standard for Laboratories. The Athlete or other Person may
rebut this presumption by establishing a departure from the International
Standard occurred which could reasonably have caused the Adverse
Analytical Finding.
If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard occurred which could reasonably have caused the Adverse Analytical Finding, then FAI or its National Airsport Control shall have the burden to establish that such departure did not cause the Adverse Analytical Finding. 3.2.2 Departures from any other International Standard or other anti-doping
rule or policy which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Athlete or other Person establishes that a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused the Adverse Analytical Finding occurred, then FAI or its National Airsport Control shall have the burden to establish that such a departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation. 3.2.3 The facts established by a decision of a court or professional
disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice. 3.2.4 The hearing panel in a hearing on an anti-doping rule violation may
draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athlete's or other Person's refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the tribunal) and to answer questions either from the hearing panel or from the Anti-Doping Organisation asserting that anti-doping rule violation. ARTICLE 4
THE PROHIBITED LIST
Incorporation of the Prohibited List
These Anti-Doping Rules and Procedures incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the World Anti-Doping FAI Anti-Doping Rules And Procedures 2008 Code. The Prohibited List in force is available on WADA's website at: http://www.wada-ama.org. Prohibited Substances and Prohibited Methods Identified on the
Prohibited List
Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules and Procedures three months after publication of the Prohibited List by WADA without requiring any further action by FAI. As described in Article 4.2 of the World Anti-Doping Code, FAI may request that WADA expand the Prohibited List for air sports. FAI may also request that WADA include additional substances or methods, which have the potential for abuse in air sports, in the monitoring programme described in Article 4.5 of the Code. As provided in the World Anti-Doping Code, WADA shall make the final decision on such requests by FAI.
4.2.1 Specified Substances
For purposes of the application of Article 10 (Sanctions on Individuals), all
Prohibited Substances shall be "Specified Substances" except (a) substances
in the classes of anabolic agents and hormones; and (b) those stimulants and
hormone antagonists and modulators so identified on the Prohibited List.
Prohibited Methods shall not be Specified Substances.
4.2.2 New Classes of Prohibited Substances
In the event WADA expands with the Prohibited List by adding a new class of
Prohibited Substances in accordance with Article 4.1 of the Code, WADA's
Executive Committee shall determine whether any or all Prohibited
Substances within the new class of Prohibited Substances shall be
considered Specified Substances under Article 4.2.2
4.3
Criteria for Including Substances and Methods on the Prohibited List
As provided in Article 4.3.3 of the World Anti-Doping Code, WADA's determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List and the classification of substances into categories on the Prohibited List is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of the sport. Therapeutic Use
4.4.1 Athletes with a documented medical condition requiring the use of a
Prohibited Substance or a Prohibited Method must first obtain a TUE. The
presence of a Prohibited Substance or its Metabolites or Markers (Article 2.1),
Use or Attempted Use of a Prohibited Substance or a Prohibited Method
(Article 2.2), Possession of Prohibited Substances or Prohibited Methods
(Article 2.6) or administration of a Prohibited Substance or Prohibited Method
(Article 2.8) consistent with the provisions of an applicable TUE issued
pursuant to the International Standard for Therapeutic Use Exemptions shall
not be considered an anti-doping rule violation.
4.4.2 Subject to Article 4.4.3, Athletes included by FAI in its Registered
Testing Pool and other Athletes participating in any International Event must
FAI Anti-Doping Rules And Procedures 2008 obtain a TUE from FAI (regardless of whether the Athlete previously has received a TUE at the national level). The application for a TUE must be made as soon as possible (in the case of an Athlete in the Registered Testing Pool, this would be when he/she is first notified of his/her inclusion in the pool) and in any event (save in emergency situations) no later than 21 days before the Athlete's participation in the Event. 4.4.3 The only exception to Article 4.4.2 is that, in accordance with Article
7.13 of the International Standard for Therapeutic Use Exemptions, Athletes
not in FAI's Registered Testing Pool who inhale Glucocorticosteroids and/or
formoterol, salbutamol, salmeterol or terbutaline to treat asthma or one of its
clinical variants do not need a TUE in advance of participating in an
International Event unless so specified by FAI. Instead, if necessary, any
such Athlete may apply for a retroactive TUE after the Event in accordance
with Article 7.13 of the International Standard for Therapeutic Use
Exemptions and Article 7.1.3 of these Anti-Doping Rules.
4.4.4 TUE's granted by FAI shall be reported to the Athlete's National Airsport
Control and to WADA. Other Athletes subject to Testing who need to use a
Prohibited Substance or a Prohibited Method for therapeutic reasons must
obtain a TUE from their National Anti-Doping Organization or other body
designated by their National Federation, as required under the rules of the
National Anti-Doping Organization/other body. National Airsport Controls shall
promptly report any such TUE's to FAI and WADA.
4.4.5 The FAI Executive Board, advised by the FAI Medical and
Physiological Commission, shall appoint a panel of physicians to consider
requests for TUE's (the "TUE Panel"). Upon FAI's receipt of a TUE request,
the Chair of the TUE Panel shall appoint one or more members of the TUE
Panel (which may include the Chair) to consider such request. The TUE
Panel member(s) so designated shall promptly evaluate such request in
accordance with the International Standard for Therapeutic Use Exemptions
and render a decision on such request, which shall be the final decision of
FAI.
4.4.6 WADA, at the request of an Athlete or on its own initiation, may review
the granting or denial of any TUE by FAI. If WADA determines that the
granting or denial of a TUE did not comply with the International Standard for
Therapeutic Use Exemptions in force at the time then WADA may reverse
that decision. Decisions on TUE's are subject to further appeal as provided in
Article 13.
ARTICLE 5
Authority to Test
All Athletes under the jurisdiction of a National Airsport Control shall be subject to In-Competition Testing by FAI, the Athlete's National Airsport Control, and any other Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate. All Athletes under the jurisdiction of a National Airsport Control, including Athletes serving a period of ineligibility or a Provisional Suspension, shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by FAI, WADA, the Athlete's National Airsport Control, the National Anti-Doping Organization of any country where the Athlete is present, the IOC during the Olympic Games, and the IPC during Paralympic Games. Target Testing will be made a priority. FAI Anti-Doping Rules And Procedures 2008 Responsibility for FAI Testing
The FAI Anti-Doping Manager shall be responsible for drawing up a test distribution plan for the air sports in accordance with Article 4 of the International Standard for all Testing and for the implementation of that plan, including overseeing all Testing conducted by or on behalf of FAI. Testing may be conducted by members of the FAI Medico-Physiological Commission or by other qualified persons so authorized by FAI. 5.3
Testing Standards
Any Testing conducted by FAI and its National Airsport Controls shall be in substantial conformity with the International Standard for Testing in force at the time of Testing. Blood (or other non-urine) Samples may be used to detect Prohibited Substances or Prohibited Methods, for screening procedure purposes, or for longitudinal hematological profiling ("the passport"). If the Sample is collected for screening only, it will have no consequences for the Athlete other than to identify him/her for a urine test under these anti-doping rules. In these circumstances, FAI may decide at its own discretion which blood parameters are to be measured in the screening Sample and what levels of those parameters will be used to indicate that an Athlete should be selected for a urine test. If however, the Sample is collected for longitudinal hematological profiling ("the passport"), it may be used for anti-doping purposes in accordance with Article 2.2 of the World Anti-Doping Code. Coordination of Testing
FAI and National Airsport Controls shall promptly report completed tests through the WADA clearinghouse to avoid unnecessary duplication in Testing. Athlete Whereabouts Requirements
5.5.1 FAI shall identify a Registered Testing Pool of those Athletes who are
required to comply with the whereabouts requirements of the International
Standard for Testing, and shall publish the criteria for Athletes to be included
in this Registered Testing Pool as well as a list of the Athletes meeting those
criteria for the period in question. FAI shall review and update as necessary
its criteria for including Athletes in its Registered Testing Pool, and shall
revise the membership of its Registered Testing Pool from time to time as
appropriate in accordance with the set criteria. Each Athlete in the
Registered Testing Pool shall advise FAI of his/her whereabouts on a
quarterly basis, in the manner set out in Article 11.3 of the International
Standard for Testing. Athletes shall update this information as necessary. In
accordance with Article 11.4.2 of the International Standard for Testing, so
that it remains accurate and complete at all times; and shall make him/herself
available for Testing at such whereabouts, in accordance with Article 11.4 of
the International Standard for Testing.
5.5.2 An Athlete's failure to advise FAI of his/her whereabouts shall be
deemed a Filing Failure for purposes of Article 2.4 where the conditions of
Article 11.3.5 of the International Standard for Testing are met.
FAI Anti-Doping Rules And Procedures 2008 5.5.3 An Athlete's failure to be available for Testing at his/her declared
whereabouts shall be deemed a Missed Test for purposes of Article 2.4
where the conditions of Article 11.4.3 of the International Standard for Testing
are met.
5.5.4 Each National Airsport Control shall also assist its National Anti-
Doping Organisation in establishing a national level Registered Testing Pool
of top level national Athletes to whom the whereabouts requirements of the
International Standard for Testing shall also apply. Where those Athletes are
also in FAI's Registered Testing Pool, FAI and the National Anti-Doping
Organisation will agree (with the assistance of WADA if required) on which of
them will take responsibility for receiving whereabouts filings from the Athlete
and sharing it with the other (and with other Anti-Doping Organisations) in
accordance with Article 5.5.5."
5.5.5. Whereabouts information provided pursuant to Article 5.5.1 and 5.5.4
shall be shared with WADA and other Anti-Doping Organizations having
jurisdiction to test an Athlete in accordance with Articles 11.7.1(d) and
11.7.3(d) of the International Standard for Testing, including the strict
condition that it be used only for Doping Control purposes.
Retirement and Return to Competition
5.6.1 An Athlete who has been identified by FAI for inclusion in FAI's
Registered Testing Pool shall continue to be subject to these Anti-Doping
Rules and Procedures, including the obligation to comply with the
whereabouts requirements of the International Standard for Testing unless
and until the Athlete gives written notice to FAI that he or she has retired or
until he or she no longer satisfies the criteria for inclusion in the FAI's
Registered Testing Pool and has been so informed by FAI.
5.6.2 If an Athlete or other Person retires while a results management
process is underway, FAI retains jurisdiction to complete its results
management process. If an Athlete or other Person retires before the results
management process has begun, FAI has jurisdiction to conduct results
management.
5.6.3 An Athlete who has given notice of retirement to FAI may not resume
competing unless he or she notifies FAI at least six months before he or she
expects to return to Competition and makes him/herself available for
unannounced Out-of-Competition Testing, including (if requested) complying
with the whereabouts requirements of the International Standard for Testing,
at any time during the period before actual return to Competition.
5.6.4 National Airsport Controls/National Anti-Doping Organisations may
establish similar requirements for retirement and returning to competition for
Athletes in the national Registered Testing Pool.
Selection of Athletes to be Tested
5.7.1 At International Events, the appropriate FAI Air Sport Commission,
advised by the FAI Medico-Physiological Commission, shall determine the
number of tests to be performed. It shall target a certain number of Athletes
not necessarily linked to final placements in order to maximize the diversity of
Athletes tested or based on information provided by the WADA
Clearinghouse on previous tests.
FAI Anti-Doping Rules And Procedures 2008 5.7.2 At National Events, each National Airsport Control shall determine the
number of Athletes selected for Testing in each Competition and the
procedures for selecting the Athletes for Testing.
5.7.3 In addition to the selection procedures set forth in Articles 5.7.1 and
5.7.2 above, the FAI Anti-Doping Manager at International Events, and the
National Airsport Controls at National Events, may also select Athletes or
teams for Target Testing so long as such Target Testing is not used for any
purpose other than legitimate Doping Control purposes.
5.7.4 Athletes shall be selected for Out-of-Competition Testing by the
appropriate Commissions and by National Airsport Controls through a
process that substantially complies with the International Standard for Testing
in force at the time of selection.
ARTICLE 6
ANALYSIS OF SAMPLES
Samples collected under these Anti-Doping Rules and Procedures shall be analyzed in accordance with the following principles: Use of Approved Laboratories
FAI shall send Doping Control Samples for analysis only to WADA-accredited laboratories or as otherwise approved by WADA. The choice of the WADA-accredited laboratory (or other laboratory or method approved by WADA) used for the Sample analysis shall be determined exclusively by FAI. Purpose of Collection and Analysis of Samples
Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the World Anti-Doping Code, or to assist an Anti-Doping Organization in profiling relevant parameters in an Athlete's urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes. Research on Samples
No Sample may be used for any purpose other than as described in Article 6.2, without the Athlete's written consent. Samples used for purposes other than Article 6.2 shall have any means of indentification removed such that they cannot be traced back to a particular Athlete. FAI Anti-Doping Rules And Procedures 2008 Standards for Sample Analysis and Reporting
Laboratories shall analyze Doping Control Samples and report results in conformity with the International Standard for Laboratories. Retesting Samples
A Sample may be reanalyzed for the purposes described in Article 6.2 at any time exclusively at the direction of FAI or WADA. The circumstances and conditions for retesting Samples shall conform with the requirements of the International Standard for Laboratories. ARTICLE 7
RESULTS MANAGEMENT
Results Management for Tests Initiated by FAI
Results management for Tests initiated by FAI (including Tests performed by WADA pursuant to agreement with FAI) shall proceed as set forth below: 7.1.1 The results from all analyses must be sent to FAI 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 other data privacy statutes and norms applicable to WADA and
other organisations using it.
7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the FAI Doping
Review Panel shall conduct a review to determine whether: (a) the Adverse
Analytical Finding is consistent with an applicable TUE, or (b) there is any
apparent departure from the International Standard for Testing or International
Standard for Laboratories that caused the Adverse Analytical Finding.
7.1.2.1 The FAI Executive Board shall appoint an Independent
Doping Review Panel consisting of a Chair and 4 other members with
experience in anti-doping. The members of this Panel shall be bound by
the provisions of the FAI Code of Ethics. All members of this panel shall
be otherwise independent from FAI. Each panel member shall serve a
term of 4 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 and Procedures as may
be requested by FAI.
In the following circumstances: (a) The Adverse Analytical Finding is for a Glucocorticosteroid, formoterol, salbutamol, salmeterol or terbutaline; and (b) The Sample in question was provided by an Athlete who is not in FAI's Registered Testing Pool, during his/her participation in an International Event for which (in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions and Article 4.4.3 of these Anti-Doping Rules FAI does not require a TUE for asthma medication in advance; FAI Anti-Doping Rules And Procedures 2008 Then, before the matter is referred to FAI's Anti-doping Review Panel under Article 7.1, the Athlete shall be given an opportunity to apply to the TUE Committee for a Retroactive TUE in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions. The result of that application shall be forwarded to FAI's Anti-doping Review Panel for consideration in its review of the Adverse Analytical Finding under Article 7.1.2. 7.1.4 If the initial review of an Adverse Analytical Finding under Article 7.1.2
does not reveal an applicable TUE, or departure from the International Standard
for Testing or the International Standard for Laboratories that caused the
Adverse Analytical Finding, FAI shall promptly notify the Athlete 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 (which shall be within the time period
specified in the International Standard for Laboratories) if the Athlete or FAI
chooses to request an analysis of the B Sample; (e) the opportunity for the
Athlete and/or the Athlete's representative to attend the B Sample opening and
analysis at the scheduled date, time and place if such analysis is requested; and
(f) the Athlete's right to request copies of the A and B Sample laboratory
documentation package which includes information as required by the
International Standard for Laboratories. FAI shall also notify the Athlete's Anti-
Doping Organization and WADA. If FAI 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 Organizations and WADA.
7.1.5 Arrangements shall be made for Testing the B Sample within the time
specified in the International standard for Testing. An Athlete may accept the A
Sample analytical results by waiving the requirement for B Sample analysis.
FAI may nonetheless elect to proceed with the B Sample analysis.
7.1.6 The Athlete and/or his representative shall be allowed to be present at
the analysis of the B Sample within the time specified in the International
standard for Laboratories. Also a representative of the Athlete's National
Airsport Control as well as a representative of FAI shall be allowed to be
present.
7.1.7 If the B Sample proves negative, then (unless FAI 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 Airsport Control, and FAI shall
be so informed.
7.1.8 If a Prohibited Substance or the Use of a Prohibited Method is identified,
the findings shall be reported to the Athlete, his National Airsport Control, FAI,
and to WADA.
7.1.9 For apparent anti-doping rule violations that do not involve Adverse
Analytical Findings, FAI shall conduct any necessary follow-up investigation and
shall then promptly notify the Athlete of the anti-doping rule which appears to
have been violated, and the basis of the violation.
Results Management for Atypical Findings
7.2.1 As provided in the International Standards, in certain circumstances
laboratories are directed to report the presence of Prohibited Substances that
FAI Anti-Doping Rules And Procedures 2008 may also be produced endogenously as Atypical Findings that should be investigated further. 7.2.2 If a laboratory reports an Atypical Finding in respect of a Sample
collected from an Athlete by or on behalf of FAI, the FAI Anti-doping Review
Panel shall conduct a review to determine whether: (a) the Atypical Finding is
consistent with an applicable TUE that has been granted as provided in the
International Standard for Therapeutic Use Exemptions, or (b) there is any
apparent departure from the International Standard for Testing or International
Standard for Laboratories that caused the Atypical Analytical Finding.
7.2.3 If the initial review of an Atypical Finding under Article 7.2.2 reveals an
applicable TUE or departure from the International Standard for Testing or the
International Standard for Laboratories that caused the Atypical Finding, the
entire test shall be considered negative and the Athlete, his National Airsport
Control, and FAI shall be so informed.
7.2.4 If the initial review of an Atypical Finding under Article 7.2.2 does not
reveal an applicable TUE or departure from the International Standard for
Testing or the International Standard for Laboratories that caused the Atypical
Finding, FAI shall conduct the follow-up investigation required by the
International Standards. If, once that investigation is completed, it is concluded
that the Atypical Finding should be considered an Adverse Analytical Finding,
FAI shall pursue the matter in accordance with Article 7.1.3.
7.2.5 FAI 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:
If FAI determines the B Sample should be analyzed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 7.1.3(c) to (f). If FAI receives a request, either from a Major Event Organization shortly before one of its International Events or from a sports 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 but the Major Event Organization or sports organization has a pending Atypical Finding, FAI shall so identify any such Athlete after first providing notice of the Atypical Finding to the Athlete. 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 FAI. Results Management for Tests initiated by National Airsport Controls
Results management conducted by National Airsport Controls shall be consistent with the general principles for effective and fair results management which - underlie the detailed provisions set forth in Article 7. Results of all Doping Controls shall be reported to FAI and to WADA within 14 days of the conclusion of the National Airsport Control's FAI Anti-Doping Rules And Procedures 2008 results management process. Any apparent anti-doping rule violation by an Athlete who is a member of that National Airsport Control shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Airsport Control or national law. Apparent anti-doping rule violations by Athletes who are members of another National Airsport Control shall be referred to FAI for hearing. Results Management for Whereabouts Violations
7.5.1 Results management in respect of an apparent Filing Failure by an
Athlete in FAI's Registered Testing Pool shall be conducted by FAI 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 Airsport
Control 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 FAI's Registered Testing Pool as a result of an attempt to test the
Athlete by or on behalf of FAI shall be conducted by FAI 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 FAI'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, FAI shall bring them forward as an apparent anti-doping
rule violation.
7.2 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, FAI shall Provisionally Suspend the Athlete pending the hearing panel's determination of whether he/she has committed an anti-doping rule violation. 7.6.2 In any case not covered by Article 7.6.1 where FAI decides to take the
matter forward as an apparent anti-doping rule violation in accordance with the
foregoing provisions of this Article 7, the FAI Executive Board, after consultation
with the FAI Anti-Doping Manager and the FAI Doping Review Panel may
Provisionally Suspend the Athlete pending the hearing panel's determination of
whether he/she has committed an anti-doping rule violation.
7.6.3 Where a Provisional Suspension is imposed, whether pursuant to Article
7.6.1 or Article 7.6.2, the Athlete shall be given either (a) an opportunity for a
Provisional Hearing before imposition of the Provisional Suspension or on a
timely basis after imposition of the Provisional Suspension; or (b) an opportunity
for an expedited hearing in accordance with Article 8 (Right to a Fair Hearing)
on a timely basis after imposition of a Provisional Suspension. National Airsport
Controls shall impose Provisional Suspensions in accordance with the principles
set forth in this Article 7.6.
FAI Anti-Doping Rules And Procedures 2008 7.6.4 If a Provisional Suspension is imposed based on an Adverse
Analytical Finding in respect of an A Sample, and any subsequent analysis of
the B Sample analysis does not confirm the A Sample analysis, then the
Athlete shall not be subject to any further Provisional Suspension on account
of a violation of Article 2.1 of the Code (Presence of a Prohibited Substance
or its Metabolites or Markers). In circumstances where the Athlete or team
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, FAI retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and FAI 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, FAI has jurisdiction to conduct results management. ARTICLE 8
RIGHT TO A FAIR HEARING
Fair Hearings
When it appears, following the results management process described in Article 7, that these Anti-Doping Rules and Procedures have been violated, the Athlete or other Person involved shall be brought before a disciplinary FAI Hearing Panel for a hearing to adjudicate whether a violation of these Anti-Doping Rules and Procedures occurred and if so what Consequences should be imposed. The hearing process shall respect the following principles: • a timely hearing; • fair and impartial hearing panel; • the right to be represented by counsel at the Person's own expense; • the right to be informed in a fair and timely manner of the asserted anti-doping • the right to respond to the asserted anti-doping rule violation and resulting Consequences; • the right of each party to present evidence, including the right to call and question witnesses (subject to the Hearing Panel's discretion to accept testimony by telephone or written submission); • the Person's right to an interpreter at the hearing, with the Hearing Panel to determine the identity, and responsibility for the cost of the interpreter; and • a timely, written, reasoned decision, specifically including an explanation of the reason(s) for any period of Ineligibility. FAI Anti-Doping Rules And Procedures 2008 Hearings pursuant to this Article shall be completed expeditiously and in all cases within three months of the completion of the Results Management process described in Article 7. Hearings held in connection with Events may be conducted by an expedited process. If the completion of the hearing is delayed beyond three months, FAI may elect, if the Athlete is an International Level Athlete, to bring the case directly to a single arbitrator from the Court of Arbitration for Sport. The case before the Court of Arbitration for Sport shall be handled in accordance with the Court of Arbitration for Sport appeal procedure without reference to any time limit for appeal. If the completion of the hearing is delayed beyond three months, and the Athlete is not an International Level Athlete, FAI may elect to bring the case directly to the national level appellate body referenced in Article 13.2.2. In either case, the hearing shall proceed at the responsibility of and the expense of the National Airsport Control. In either case the appeal from such decision shall be to the Court of Arbitration for Sport. National Airsport Controls shall keep FAI fully apprised as to the status of pending cases and the results of all hearings. FAI shall have the right to attend hearings as an observer. The Athlete or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and Procedures and accepting Consequences consistent with Articles 9 and 10 as proposed by the National Airsport Control. The right to a hearing may be waived either expressly or by the Athlete's or other Person's failure to challenge the National Airsport Control's assertion that an anti-doping rule violation has occurred within 21 days. Where no hearing occurs, the National Airsport Control shall submit to the persons described in Article 13.2.3 a reasoned decision explaining the action taken. Decisions by National Airsport Controls, whether as the result of a hearing or the Athlete or other Person's acceptance of Consequences, may be appealed as provided in Article 13. Hearing decisions by the National Airsport Control shall not be subject to further administrative review at the national level except as provided in Article 13 or as required by applicable national law. ARTICLE 9
AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
A violation of these Anti-Doping Rules and Procedures in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting consequences, including forfeiture of any medals, points and prizes. FAI Anti-Doping Rules And Procedures 2008 ARTICLE 10 SANCTIONS ON INDIVIDUALS
Disqualification of Results in Event During which an Anti-Doping Rule
Violation Occurs
An Anti-Doping Rule violation occurring during or in connection with an Event may lead to Disqualification of all of the Athlete's individual results obtained in that Event with all consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1. 10.1.1 If the Athlete establishes that he or she bears No Fault or Negligence
for the violation, the Athlete's individual results in the other Competition shall
not be Disqualified unless the Athlete's results in Competition other than the
Competition in which the anti-doping rule violation occurred were likely to
have been affected by the Athlete's anti-doping rule violation.
Ineligibility for Presence, Use or Attempted Use, or Posession of Prohibited
Substances and Prohibited Methods.
The period of Ineligibility imposed for a violation of Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) and Article 2.6 (Possession of Prohibited Substances and Methods) shall be as follows, unless the conditions for eliminating or reducing the period of Ineligibility, as provided in Articles 10.4 and 10.5, or the conditions for increasing the period of Ineligibility, as provided in Article 10.6, are met: First violation: Two (2) years' Ineligibility. Ineligibility for Other Anti-Doping Rule Violations
The period of Ineligibility for violations of these Anti-Doping Rules and Procedures other than as provided in Article 10.2 shall be as follows: 10.3.1 For violations of Article 2.3 (refusing or failing to submit to Sample
collection) or Article 2.5 (Tampering with Doping Control), the Ineligibility
period shall be two (2) years unless the conditions provided in Article 10.5, or
the conditions provided in Article 10.6, are met.
10.3.2 For violations of Article 2.7 (Trafficking) or Article 2.8 (Administration
of Prohibited Substance or Prohibited Method), the period of Ineligibility
imposed shall be a minimum of four (4) years up to lifetime Ineligibility unless
the conditions provided in Article 10.5 are met. An anti-doping rule violation
involving a Minor shall be considered a particularly serious violation, and, if
committed by Athlete Support Personnel for violations other than Specified
Substances shall result in lifetime Ineligibility for such Athlete Support
Personnel. In addition, significant violations of such Articles which also
violate non-sporting laws and regulations shall be reported to the competent
administrative, professional or judicial authorities.
10.3.3 For violations of Article 2.4 (Filing Failures and/or Missed Tests), the
period of Ineligibility shall be at a minimum one (1) year and at a maximum
two (2) years, based on the Athlete's degree of fault.
Elimination or Reduction of the period of Ineligibility for Specified
Substances under Specific Circumstances.
FAI Anti-Doping Rules And Procedures 2008 Where an Athlete or other Person can establish how a Specified Substance entered his or her body or came into his or her possession and that such Specified Substance was not intended to enhance the Athlete's sport performance or mask the use of a performance-enhancing substance, the period of Ineligibility found in Article 10.2 shall be replaced with the following: First violation: At a minimum, a reprimand and no period of Ineligibility from future Events, and at a maximum, two (2) years' Ineligibility. To justify any elimination or reduction, the Athlete or other Person must produce corroborating evidence in addition to his or her word which establishes to the comfortable satisfaction of the hearing panel the absence of an intent to enhance sport performance or mask the use of a performance enhancing substance. The Athlete or other Person's degree of fault shall be the criteria considered in assessing any reduction of the period of Ineligibility. Elimination or Reduction of Period of Ineligibility Based on Exceptional
Circumstances
10.5.1 No Fault or Negligence
If an Athlete establishes in an individual case that he or she bears No Fault or Negligence, the otherwise applicable period of Ineligibility shall be eliminated. When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Sample in violation of Article 2.1 (presence of Prohibited Substance), the Athlete must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility eliminated. In the event this Article is applied and the period of Ineligibility otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a violation for the limited purpose of determining the period of Ineligibility for multiple violations under Article 10.7. 10.5.2 No significant Fault or Negligence
If an Athlete or other Person establishes in an individual case that he or she bears No Significant Fault or Negligence, then the period of Ineligibility may be reduced, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this section may be no less than 8 years. When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Sample in violation of Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers), the Athlete must also establish how the Prohibited Substance entered his or her system in order to have the period of Ineligibility reduced. 10.5.3 Substantial Assistance in Discovering or Establishing Anti-
Doping Rule Violations
The FAI Executive Board may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organization, criminal authority or professional disciplinary body which results in the Anti-Doping Organization discovering or establishing an anti-doping rule violation by another Person or which results in a criminal or disciplinary body discovering or establishing a criminal offense or the breach of professional rules by FAI Anti-Doping Rules And Procedures 2008 another Person or which results in a criminal or disciplinary body discovering or establishing a criminal offense or the breach of professional rules by another Person. After a final appellate decision under Article 13 or the expiration of time to appeal, FAI may only suspend a part of the applicable period of Ineligibility with the approval of WADA. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than 8 years. If FAI suspends any part of the period of Ineligibility under this Article, it shall promptly provide a written justification for its decision to each Anti-Doping Organization having a right to appeal the decision. If FAI subsequently reinstates any part of the suspended period of Ineligibility because the Athlete or other Person has failed to provide the Substantial Assistance which was anticipated, the Athlete or other Person may appeal the reinstatement pursuant to Article 13.2. 10.5.4 Admission of an Anti-Doping Rule Violation in the Absence of
other Evidence
Where an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or in the case of an anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable. 10.5.5 Where an Athlete or Other Person Establishes Entitlement to
Reduction in Sanction Under More than One Provision of this Article.
Before applying any reductions under Articles 10.5.2, 10.5.3 or 10.5.4, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4 and 10.6. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under two or more of Articles 10.5.2, 10.5.3 or 10.5.4, then the period of Ineligibility may be reduced or suspended, but not below one-quarter of the otherwise applicable period of Ineligibility. Aggravating Circumstances Which May Increase the Period of
Ineligibility
If FAI establishes in an individual case involving an anti-doping rule violation other than violations under Article 2.7 (Trafficking) and 2.8 (Administration) that aggravating circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased up to a maximum of four years unless the Athlete or other Person can prove to the comfortable satisfaction of the hearing panel that he did not knowingly violate the anti-doping rule. FAI Anti-Doping Rules And Procedures 2008 An Athlete or other Person can avoid the application of this Article by admitting the anti-doping rule violation as asserted promptly after being confronted with the anti-doping rule violation by FAI. Multiple Violations
10.7.1 Second Anti-Doping Rule Violation
For an Athlete or other Person's first anti-doping rule violation, the period of Ineligibility is set forth in Articles 10.2 and 10.3 (subject to elimination, reduction or suspension under Articles 10.4 or 10.5, or to an increase under Article 10.6). For a second anti-doping rule violation the period of Ineligibility shall be within the range set forth in the table below. FAI Anti-Doping Rules And Procedures 2008 Second Violation First Violation RS (Reduced sanction for Specified Substance under Article 10.4); The anti-
doping rule violation was or should be sanctioned by a reduced sanction
under Article 10.4 because it involved a Specified Substance and the other
conditions under Article 10.4 were met.
FFMT (Filing Failures and/or Missed Tests): The anti-doping rule violation
was or should be sanctioned under Article 10.3.3 (Filing Failures and/or
Missed Tests):
NSF (Reduced sanction for No Significant Fault or Negligence): The anti-
doping rule violation was or should be sanctioned by a reduced sanction
under Article 10.5.2 because No Significant Fault or Negligence under 10.5.2
was proved by the Athlete.
St (Standard Sanction under Article 10.2 or 10.3.1): the anti-doping rule
violation was or should be sanctioned by the standard sanction of two years
under Article 10.2 or 10.3.1.
AS (Aggravated Sanction): The anti-doping rule violation was or should be
sanctioned by an aggravated sanction under Article 10.6 because FAI
established the conditions set forth under Article 10.6
TRA (Trafficking and Administration): The anti-doping rule violation was or
should be sanctioned by a sanction under Article 10.3.2 for Trafficking or
Administration.
10.7.2 Application of Articles 10.5.3 and 10.5.4 to Second Violation
Where an Athlete or other Person who commits a second anti-doping rule violation establishes entitlement to suspension or reduction of a portion of the period of Ineligibility under Articles 10.5.3 or 10.5.4, the hearing panel shall first determine the otherwise applicable period of Ineligibility within the range established in the table in Article 10.7.1, and then apply the appropriate suspension or reduction of the period of Ineligibility. The remaining period of Ineligibility, after applying any suspension or reduction unter Artiles 10.5.3 and 10.5.4, must be at least one-fourth of the otherwise applicable period of Ineligibility. 10.7.3 Third Anti-Doping Rule Violation.
A third anti-doping rule violation will always result in a lifetime period of inelgibility, except if the third violation fulfils the condition for elimination or FAI Anti-Doping Rules And Procedures 2008 reduction of the period of Ineligibility under Article 10.4 or involves a violation of Article 2.4 (Filing Failures and/or Missed Tests). In these particular cases, the period of Ineligibility shall be from 8 years to life ban. 10.7.4 Additional Rules for Certain Potential Multiple Violations
For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if the FAI (or its National Airsport Control) can establish that the Athlete or other Person committed the second anti-doping rule violation after the Athlete or other Person received notice pursuant to Article 7 (Results Management), or after FAI (or its National Airsport Control) made reasonable efforts to give notice, of the first anti-doping rule violation; if the FAI (or its National Airsport Control) cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, however the occurrence of multiple violations may be considered as a factor in determining aggravating circumstances (Article 10.6) If, after the resolution of a first anti-doping rule violation, FAI discovers facts involving an anti-doping rule violation by the Athlete or other Person which occurred prior to notification regarding the first violation, then FAI shall impose an additional sanction based on the sanction that could have been imposed if the two violations would have been adjudicated at the same time. Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.8. To avoid the possibility of a finding of Aggravating Circumstances (Article 10.6) on account of the earlier-in-time but later-discovered violation, the Athlete or other Person must voluntarily admit the earlier anti-doping rule violation on a timely basis after notice of the violation for which he or she is first charged. The same rule shall apply when FAI discovers facts involving another prior violation after the resolution of a second anti-doping violation. 10.7.5 Multiple Anti-Doping Rule Violations During Eight-Year Period.
For purposes of article 10.7, each anti-doping rule violation must take place within the same eight (8) year period in order to be considered multiple violations. 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 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other anti-doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes. 10.8.1 As a condition of regaining eligibility after being found to have committed
an anti-doping rule violation, the Athlete must first repay all prize money forfeited
under this Article.
10.8.2 Allocation of Forfeited Prize Money
FAI Anti-Doping Rules And Procedures 2008 Forfeited prize money shall be allocated to reimburse the anti-doping and results management expenses of FAI. Commencement of Ineligibility Period
Except as provided below, the period of Ineligibility shall start on the date of the hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served. 10.9.1 Delays Not Attributable to the Athlete or other Person
Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the Athlete or other Person, the FAI or Anti-Doping Organization imposing the sanction may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection, or the date on which another anti-doping rule violation last occurred. 10.9.2 Timely Admission
Where the Athlete promptly (which, in all events, means before the Athlete competes again) admits the anti-doping rule violation after being confronted with the anti-doping rule violation by FAI or Anti-Doping Organization, the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. In each case, however where this Article is applied, the Athlete or other Person shall serve at least one-half of the period of Ineligibilty going forward from the date the Athlete or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is otherwise imposed. 10.9.3 If a Provisional Suspension is imposed, and respected by the Athlete,
then the Athlete shall receive a credit for such period of Provisional Suspension
against any period of Ineligibility which may ultimately be imposed.
10.9.4 If an Athlete voluntarily accepts a Provisional Suspension in writing from
the FAI and thereafter refrains from competing, the Athlete shall receive a credit
for such period of voluntary Provisional Suspension against any period of
Ineligibility which may ultimately be imposed. A copy of the Athlete's voluntary
acceptance of a Provisional Suspension shall be provided promptly to each
party entitled to receive notice of a potential anti-doping rule violation under
article 14.1
10.9.5 No credit against a period of Ineligibility shall be given for any time period
before the effective date of the Provisional Suspension or voluntary Provisional
Suspension regardless of whether the Athlete elected not to compete or was
suspended by his or her team.
10.10 Status During Ineligibility
10.10.1 Prohibition against Participation during Ineligibility
No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in an Event or activity (other than authorized anti-doping education or rehabilitation programs) authorized or organized by FAI or any National Airsport Control or a club or other member FAI Anti-Doping Rules And Procedures 2008 organization of a National Airsport Control, or in Competitions authorized or organized by any professional league or any international level Event organization. An Athlete or other Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate in local sport events in a sport other than the sport in which the Person committed the anti-doping rule violation, but only so long as the local sport event is not at a level that could otherwise qualify such Person directly or indirectly to compete in (or accumulate points towards) a national championship or International Event. An Athlete or other Person subject to a period of Ineligibility shall remain subject to testing. 10.10.2 Violation of the Prohibition of Participation during Ineligibility
Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.10.1, the results of such participation shall be Disqualified and the period of Ineligibility which was originally imposed shall start over again as of the date of the violation. The new period of Ineligibility may be reduced under Article 10.5.2 if the Athlete or other Person establishes he or she bears No Significant Fault or Negligence for violating the prohibiion against participation. The determination of whether an Athlete or other Person has violated the prohibition against Participation, and whether a reduction under Article 10.5.2 is appropriate, shall be made by FAI. 10.10.3 Withholding of Financial Support during Ineligibility
In addition, for any anti-doping rule violation not involving a reduced sanction fee for Specified Substances as described in Article 10.4, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by National Airsport Controls and governments. 10.11 Reinstatement Testing
As a condition to regaining eligibility at the end of a specified period of Ineligibility, an Athlete must, during any period of Provisional Suspension or Ineligibility, make him or herself available for Out-of-Competition Testing by FAI, the applicable National Airsport Control, and any other Anti-Doping Organization having Testing jurisdiction, and must comply with the whereabouts requirements of Article 11 of the International Standard for Testing. If an Athlete subject to a period of Ineligibility retires from sport and is removed from Out-of-Competition Testing pools and later seeks reinstatement, the Athlete shall not be eligible for reinstatement until the Athlete has notified FAI and the applicable National Airsport Control and has been subject to Out-of-Competition Testing for a period of time equal to the longer of (a) the period set forth in Article 5.6 and (b) period of Ineligibility remaining as of the date the Athlete had retired. During such remaining period of Ineligibility, a minimum of 2 tests must be conducted on the Athlete with at least three months between each test. The National Airsport Control shall be responsible for conducting the necessary tests, but tests by any Anti-Doping Organization may be used to satisfy the requirement. The results of such tests shall be reported to FAI. In addition, immediately prior to the end of the period of Ineligibility, an Athlete must undergo Testing by FAI for the Prohibited Substances and Methods that are prohibited in Out-of-Competition Testing. Once the period of an Athlete's Ineligibility has expired, and the Athlete has fulfilled the conditions of reinstatement, then the FAI Anti-Doping Rules And Procedures 2008 Athlete will become automatically re-eligible and no application by the Athlete or by the Athlete's National Federation will then be necessary. 10.12 Imposition of Financial Sanctions
FAI may impose financial sanctions on account of anti-doping rule violations. However, no financial sanction may be considered a basis for reducing the period of Ineligibility or other sanction which would otherwise be applicable under the Code. ARTICLE 11 CONSEQUENCES TO TEAMS
11.1 If, in air sports where teams of competitors jointly contribute to the sporting
performance, a member of a team is found to have committed a violation of these Anti-
Doping Rules and Procedures during an Event, the team shall be Disqualified from the
Event. The National Airsport Control organising the event shall conduct appropriate
Target Testing of the team during the Event Period.
11.2 If a member of a team is found to have committed a violation of these Anti-
Doping Rules and Procedures during an Event where a team ranking is based on the
addition of individual results, the results of the Athlete committing the violation will be
subtracted from the team result and replaced with the results of the next applicable
team member. If by removing the Athlete's results from the team results, the number of
Athletes counting for the team is less than the required number, the team shall be
eliminated from the ranking.
ARTICLE 12 (Deliberately blank.)
ARTICLE 13 APPEALS
Decisions Subject to Appeal
Decisions made under these Anti-Doping Rules and Procedures may be appealed as set forth below in Article 13.2 through 13.4 or as otherwise provided in these Anti-Doping rules. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review authorized in these rules must be exhausted (except as provided in Article 13.1.1). 13.1.1 WADA not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the FAI process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the FAI process. Appeals from Decisions Regarding Anti-Doping Rule Violations,
Consequences, and Provisional Suspensions
A decision that an anti-doping rule violation was committed, a decision imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed, a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision under Article 10.10.2 (prohibition of participation during Ineligibility); a decision that the FAI or its National Airsport Control lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision by the FAI not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a FAI Anti-Doping Rules And Procedures 2008 decision not to go forward with an anti-doping rule violation after an investigaion under Article 7.4; [and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Article 7.5] may be appealed exclusively as provided in this Article 13.2. Notwithstanding any other provision herein, the only Person that may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed. 13.2.1 Appeals involving International-Level Athletes
In cases arising from competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS in accordance with the provisions applicable before such court. 13.2.2 Appeals involving National-Level Athletes
In cases involving Athletes who do not have a right to appeal under Article 13.2.1, each National Airsport Control should put in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing panel; the right to be represented by a counsel at the Person's expense; and a timely, written, reasoned decision. FAI's rights of appeal with respect to these cases are set forth in Article 13.2.3 below. 13.2.3 Persons Entitled to Appeal
In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FAI and any other Anti-Doping Organization under whose rules a sanction could have been imposed; (d) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (e) WADA. In cases under Article 13.2.2, the parties having the right to appeal to the national-level reviewing body shall be as provided in the National Airsport Control's rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) FAI; and (d) WADA. For cases under Article 13.2.2, WADA and FAI shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body. FAI Anti-Doping Rules And Procedures 2008 Failure to Render a Timely Decision by an Anti-Doping Organization
Where, in a particular case, an Anti-Doping Organization fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if FAI or its National Airsport Controls had rendered a decision finding no anti-doping rule violation. If the CAS panel determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA's costs and attorney's fees in prosecuting the appeal shall be reimbursed to WADA by FAI or its National Airsport Controls. Appeals from Decisions Granting or Denying a Therapeutic Use
Exemption
Decisions by WADA reversing the grant or denial of a TUE may be appealed exclusively to CAS by the Athlete, FAI, or National Anti-Doping Organization or other body designated by a National Airsport Control which granted or denied the exemption. Decisions to deny TUE's, and which are not reversed by WADA, may be appealed by International-Level Athletes to CAS and by other Athletes to the national level reviewing body described in Article 13.2.2. If the national level reviewing body reverses the decision to deny a TUE, that decision may be appealed to CAS by WADA. When FAI, National Anti-Doping Organizations or other bodies designated by National Airsport Controls fail to take action on a properly submitted therapeutic use exemption application within a reasonable time, the Anti-Doping Organization's failure to decide may be considered a denial for purposes of the appeal rights provided in this article. Appeal from Decisions Pursuant to Article 12
Decisions by FAI pursuant to Article 12 may be appealed exclusively to CAS by the National Airsport Control. Time for Filing Appeals
The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having lead to the decision subject to appeal: a) Within ten (10) days from notice of the decision, such party/ies shall have the right to request from the body having issued the decision a copy of the file on which such body relied; b) If such a request is made within the ten-day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS. The above notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of: (a) Twenty one (21) days after the last day on which any other party in the case could have appealed, or (b) Twenty one (21) days after WADA's receipt of the complete file relating to the FAI Anti-Doping Rules And Procedures 2008 ARTICLE 14 NATIONAL AIRSPORT CONTROLS' INCORPORATION OF FAI RULES,
REPORTING AND RECOGNITION
Incorporation of FAI Anti-Doping Rules and Procedures
All National Airsport Controls shall adopt these Anti-Doping Rules and Procedures. These Anti-Doping Rules and Procedures shall be incorporated either directly or by reference into each National Airsport Control's Rules. All National Airsport Controls shall include in their regulations the procedural rules necessary to effectively implement these Anti-Doping Rules and Procedures. The Rules of each National Airsport Control shall specifically provide that all Athletes, Athlete Support Personnel and other Persons under the jurisdiction of the National Airsport Control shall be bound by these Anti-Doping Rules and Procedures. Statistical Reporting
14.2.1 NACs shall report to FAI at the end of every year results of all Doping
Controls within their jurisdiction sorted by Athlete and identifying each date on
which the Athlete was tested, the entity conducting the test, and whether the test
was In-Competition or Out-of-Competition. FAI may periodically publish Testing
data received from NACs as well as comparable data from Testing under FAI's
jurisdiction.
14.2.2 FAI shall publish annually a general statistical report of its Doping
Control activities during the calendar year with a copy provided to WADA.
Doping Control Information Clearinghouse
When a National Airsport Control has received an Adverse Analytical Finding on one of its Athletes it shall report the following information to FAI and WADA within fourteen (14) days of the process described in Article 7.1.2 and 7.1.3: the Athlete's name, country, sport and discipline within the sport, whether the test was In-Competition or Out-of-Competition, the date of Sample collection and the analytical result reported by the laboratory. The National Federation shall also regularly update FAI and WADA on the status and findings of any review or proceedings conducted pursuant to Article 7 (Results Management), Article 8 (Right to a Fair Hearing) or Article 13 (Appeals), and comparable information shall be provided to FAI and WADA within 14 days of the notification described in Article 7.1.9, with respect to other violations of these Anti-Doping Rules. In any case in which the period of Ineligibility is eliminated under Article 10.5.1 (No Fault or Negligence) or reduced under Article 10.5.2 (No Significant Fault or Negligence), FAI and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither FAI nor WADA shall disclose this information beyond those persons within their organisations with a need to know until the National Airsport Control has made public disclosure or has failed to make public disclosure as required in Article 14.4 below. Public Disclosure
14.4.1 Neither FAI nor its National Airsport Control shall publicly identify
Athletes whose Samples have resulted in Adverse Analytical Findings, or who
were alleged to have violated other Articles of these Anti-Doping Rules and
Procedures until it has been determined in a hearing in accordance with Article
8 that an anti-doping rule violation has occurred, or such hearing has been
waived, or the assertion of an anti-doping rule violation has not been timely
challenged, or the Athlete has been Provisionally Suspended. Once a violation
of these Anti-Doping Rules and Procedures has been established, it shall be
FAI Anti-Doping Rules And Procedures 2008 publicly reported within 20 days on the FAI website. FAI or its National Airsport Control must also report within 20 days appeal decisions on an anti-doping rule violation. FAI or its National Airsport Control shall also, within the time period for publication, send all hearing and appeal decisions to WADA. 14.4.2 In any case where it is determined, after a hearing or appeal, that the
Athlete or other Person did not commit an anti-doping rule violation, the decision
may be disclosed publicly only with the consent of the Athlete or other Person
who is the subject of the decision. FAI or its National Airsport Control shall use
reasonable efforts to obtain such consent, and if consent is obtained, shall
publicly disclose the decision in its entirety or in such redacted form as the
Athlete or other Person may approve.
14.4.3 Neither FAI nor its National Airsport Controls or WADA accredited
laboratory, nor official of either, shall publicly comment on the specific facts of a
pending case (as opposed to general description of process and science)
except in response to public comments attributed to the Athlete, other Person or
their representatives.
Recognition of Decisions by FAI and National Airsport Controls
Any decision of FAI or a National Airsport Control regarding a violation of these Anti-Doping Rules and Procedures shall be recognized by all National Airsport Controls, which shall take all necessary action to render such results effective. ARTICLE 15 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS
Subject to the right to appeal provided in Article 13, the Testing, TUE's and hearing results or other final adjudications of any Signatory to the World Anti-Doping Code which are consistent with that Code and are within the Signatory's authority, shall be recognised and respected by FAI and its National Airsport Controls. FAI and its National Airsport Controls shall recognize the same actions of other bodies which have not accepted the World Anti-Doping Code if the rules of those bodies are otherwise consistent with that Code. ARTICLE 16 STATUTE OF LIMITATIONS
No action may be commenced under these Anti-Doping Rules and Procedures against an Athlete or other Person for a violation of an anti-doping rule contained in these Anti-Doping Rules and Procedures unless such action is commenced within eight years from the date the violation occurred.
ARTICLE 17 FAI COMPLIANCE REPORTS TO WADA
FAI will report to WADA on the FAI's compliance with the World Anti-Doping Code every second year and will explain reasons for any noncompliance. ARTICLE 18 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES AND
PROCEDURES
These Anti-Doping Rules and Procedures may be amended from time to time under the authority of the FAI Executive Board. FAI Anti-Doping Rules And Procedures 2008 Except as provided in Article 18.5, these Anti-Doping Rules and Procedures shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes. The headings used for the various Parts and Articles of these Anti-Doping Rules and Procedures are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules and Procedures or to affect in any way the language of the provisions to which they refer. The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules and Procedures. These Anti-Doping Rules and Procedures have been adopted pursuant to the applicable provisions of the World Anti-Doping Code and shall be interpreted in a manner that is consistent with applicable provisions of the World Anti-Doping Code. The comments annotating various provisions of the World Anti-Doping Code may, where applicable, assist in the understanding and interpretation of these Anti-Doping Rules and Procedures. Notice to an Athlete or other Person who is a member of a National Airsport Control may be accomplished by delivery of the notice to the National Airsport Control. These Anti-Doping Rules and Procedures shall come into full force and effect on 1 January 2009 (the "Effective Date") and not apply retrospectively to matters pending before the Effective Date; provided, however, that: 18.7.1 Any case pending prior to the Effective Date, or brought after the
Effective Date based on an anti-doping rule violation that occurred prior to the
Effective Date, shall be governed by the predecessor to these Anti-Doping
Rules and Procedures in force at the time of the anti-doping rule violation,
subject to any application of lex mitior by the FAI Hearing Panel.
18.7.2 Any Article 2.4 whereabouts violation (whether a filing failure or a missed
test) declared by FAI under rules in force prior to the Effective Date that has not
expired prior to the Effective Date and that would qualify as a whereabouts
violation under Article 11 of the International Standard for Testing shall be
carried forward and may be relied upon, prior to expiry, as one of the three Filing
Failures and/or Missed Tests giving rise to an anti-doping rule violation under
Article 2.4 of these Anti-Doping Rules. Unless otherwise stated by FAI,
however:
a. a filing failure that is carried forward in this manner may only be combined with (post-Effective Date) Filing Failures; b. a missed test that is carried forward in this manner may only be combined with (post-Effective Date) Missed Tests; and c. a filing failure or missed test declared by any Anti-Doping Organisation other than FAI prior to the Effective Date may not be combined with any Filing Failure or Missed Test declared under these Anti-Doping Rules. 18.7.3 Where a period of Ineligibility imposed by FAI under rules in force prior
to the Effective Date has not yet expired as of the Effective Date, the Person
who is Ineligible may apply to FAI for a reduction in the period of Ineligibility in
light of the amendments made to the Code as from the Effective Date. To be
FAI Anti-Doping Rules And Procedures 2008 valid, such application must be made before the period of Ineligibility has expired. 18.7.4 Subject always to Article 10.7.5, anti-doping rule violations committed
under rules in force prior to the Effective Date shall be taken into account as
prior offences for purposes of determining sanctions under Article 10.7. Where
such pre-Effective Date anti-doping rule violation involved a substance that
would be treated as a Specified Substance under these Anti-Doping Rules, for
which a period of Ineligibility of less than two years was imposed, such violation
shall be considered a Reduced Sanction violation for purposes of Article 10.7.1.
FAI Anti-Doping Rules And Procedures 2008 APPENDIX 1 - DEFINITIONS

ADAMS: The Anti-Doping Administration and Management System is a web-based
database management tool for data entry, storage, sharing, and reporting designed to assist
stakeholders and WADA in their anti-doping operations in conjunction with data protection
legislation.
Adverse Analytical Finding. A report from a laboratory or other WADA-approved entity that,
consistent with the International Standard for Laboratories and Technical Documents,
identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers
(including elevated quantities of endogenous substances) or evidence of the Use of a
Prohibited Method.
Anti-Doping Organization. A Signatory that is responsible for adopting rules for initiating,
implementing or enforcing any part of the Doping Control process. This includes, for
example, the International Olympic Committee, the International Paralympic Committee,
other Major Event Organizations that conduct Testing at their Events, WADA, International
Federations, and National Anti-Doping Organizations.
Athlete. Any Person who participates in sport at the international level (as defined by each
International Federation) or national level (as defined by each National Anti-Doping
Organization) including but not limited to those Persons in its Registered Testing Pool, and
any other competitor in sport who is otherwise subject to the jurisdiction of any Signatory or
other sports organization accepting the Code. All provisions of the Code, including, for
example, testing, and therapeutic use exemptions must be applied to international and
national-level competitors. Some National Anti-Doping Organizations are not required,
however, to apply all aspects of the Code to such Persons. Specific national rules may be
established for Doping Control for non-international-level or national-level competitors
without being in conflict with the Code. Thus, a country could elect to test recreational-level
competitors but not require therapeutic use exemptions or whereabouts information. In the
same manner, a Major Event Organization holding an Event only for masters-level
competitors could elect to test the competitors but not require advance therapeutic use
exemptions or whereabouts information. For purposes of Article 2.8 (Administration or
Attempted Administration) and for purposes of anti-doping information and education, any
Person who participates in sport under the authority of any Signatory, government, or other
sports organization accepting the World Anti-Doping Code is an Athlete.
Athlete Support Personnel. Any coach, trainer, manager, agent, team staff, official, medical
or paramedical personnel, parent or any other Person working with, treating or assisting an
Athlete participating in or preparing for sports Competition.
Attempt. Purposely engaging in conduct that constitutes a substantial step in a course of
conduct planned to culminate in the commission of an anti-doping rule violation. Provided,
however, there shall be no anti-doping rule violation based solely on an Attempt to commit a
violation if the Person renunciates the attempt prior to it being discovered by a third party not
involved in the Attempt.
Atypical Finding: A report from a laboratory or other WADA-approved entity which requires
further investigation as provided by the International Standard for Laboratories or related
Technical Documents prior to the determination of an Adverse Analytical Finding.
Competition. A single race, match, game or singular athletic contest. For example, a
basketball game or the finals of the Olympic 100-metre race in athletics. For stage races
and other athletic contests where prizes are awarded on a daily or other interim basis the
FAI Anti-Doping Rules And Procedures 2008 distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation. Consequences of Anti-Doping Rules Violations. An Athlete's or other Person's violation of an anti-doping rule may result in one or more of the following: (a) Disqualification means the Athlete's results in a particular Competition or Event are invalidated, with all resulting consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.9; [and (c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition prior to the final decision at a hearing conducted under Article 8 (Right to a Fair Hearing).] Disqualification. See Consequences of Anti-Doping Rules Violations above. Doping Control. All steps and processes from test distribution planning, through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabout information, Sample collection and handling, laboratory analysis, therapeutic use exemptions results management, and hearings. Event. A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, FINA World Championships, or Pan American Games). Event Period: The time between the beginning and end of an Event, as established by the ruling body of the Event. For the purposes of alcohol detection, the event period is divided into daily segments and "in competition" is considered to be the period from 30 minutes before the scheduled start of a competition task to the end of an athlete's sporting performance. In-Competition. Unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organization, "In Competition" means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition. Independent Observer Program. A team of observers, under the supervision of WADA, who observe and may provide guidance on the Doping Control process at certain Events and report on their observations. Ineligibility. See Consequences of Anti-Doping Rules Violations above. Individual Sport: Any sport that is not a Team Sport. International Event. An Event where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization, or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event. International-Level Athlete. Athletes designated by one or more International Federations as being within the Registered Testing Pool for an International Federation. International Standard. A standard adopted by WADA in support of the World Anti-Doping Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical documents issued pursuant to the International Standard. FAI Anti-Doping Rules And Procedures 2008 Major Event Organizations. This term refers to the continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any continental, regional or other International Event. Marker. A compound, group of compounds or biological parameter(s) that indicates the Use of a Prohibited Substance or Prohibited Method. Metabolite. Any substance produced by a biotransformation process. Minor. A natural Person who has not reached the age of majority as established by the applicable laws of his or her country of residence. National Anti-Doping Organization. The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, and the conduct of hearings, all at the national level. This includes an entity which may be designated by multiple countries to serve as regional Anti-Doping Organization for such countries. If this designation has not been made by the competent public authority(ies), the entity shall be the country's National Olympic Committee or its designee. National Event. A sport Event involving international or national-level Athletes that is not an International Event. National Airsport Control (NAC). A national or regional entity which is a member of FAI or holds sporting powers delegated by a FAI member and is recognized by FAI as the entity governing the FAI's sport(s) in that nation or region. National Olympic Committee. The organization recognized by the International Olympic Committee. The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area. No Advance Notice. A Doping Control which takes place with no advance warning to the Athlete and where the Athlete is continuously chaperoned from the moment of notification through Sample provision. No Fault or Negligence. The Athlete's establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method. No Significant Fault or Negligence. The Athlete's establishing that his or her fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping rule violation. Out-of-Competition. Any Doping Control which is not In-Competition. Participant. Any Athlete or Athlete Support Personnel. Person. A natural Person or an organization or other entity. Possession. The actual, physical possession, or the constructive possession (which shall be found only if the Person has exclusive control over the Prohibited Substance/Method or the FAI Anti-Doping Rules And Procedures 2008 premises in which a Prohibited Substance/Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists, constructive possession shall only be found if the Person knew about the presence of the Prohibited Substance/Method and intended to exercise control over it. Provided, however, there shall be no anti-doping rule violation based solely on possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have possession and has renounced possession by explicitly declaring it to an Anti-Doping Organization. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes possession by the Person who makes the purchase. Prohibited List. The List identifying the Prohibited Substances and Prohibited Methods. Prohibited Method. Any method so described on the Prohibited List. Prohibited Substance. Any substance so described on the Prohibited List. Provisional Hearing. For purposes of Article 7.5, an expedited abbreviated hearing occurring prior to a hearing under Article 8 (Right to a Fair Hearing) that provides the Athlete with notice and an opportunity to be heard in either written or oral form. [Provisional Suspension. See Consequences above.] Publicly Disclose or Publicly Report. To disseminate or distribute information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. Registered Testing Pool. The pool of top level Athletes established separately by each International Federation and National Anti-Doping Organization who are subject to both In-Competition and Out-of-Competition Testing as part of that International Federation's or Organization's test distribution plan. Each International Federation shall publish a list which identifies those Athletes included in its Registered Testing Pool either by name or by clearly defined, specific criteria. Sample/Specimen. Any biological material collected for the purposes of Doping Control. Signatories. Those entities signing the World Anti-Doping Code and agreeing to comply with the World Anti-Doping Code, including the International Olympic Committee, International Federations, International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Event Organizations, National Anti-Doping Organizations, and WADA. Substantial Assistance: For purposes of Article 10.5.3, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought. Tampering. Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly: obstructing, misleading or engaging in any FAI Anti-Doping Rules And Procedures 2008 fraudulent conduct to alter results or prevent normal procedures from occurring; or providing fraudulent information to an Anti-Doping Organization. Target Testing. Selection of Athletes for Testing where specific Athletes or groups of Athletes are selected on a non-random basis for Testing at a specified time. Team Sport. A sport in which the substitution of players is permitted during a Competition. Testing. The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory. Trafficking. Selling, giving, transporting, sending, delivering or distributing a Prohibited Substance or Prohibited Method (either physically or by any other electronic or other means) by an Athlete, Athlete Support Personnel or any other Person subject to the jurisdiction of an Anti-Doping Organization to any third party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes. Unesco Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport. Use. The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method. WADA. The World Anti-Doping Agency World Anti-Doping Code. The document approved in Copenhagen in March 2003 that seeks to harmonize anti-doping regulations for all sports and in all countries (see: http://www.wada-ama.org/ ). FAI Anti-Doping Rules And Procedures 2008
APPENDIX 2 - Acknowledgment and Agreement

I, as a member of [National Airsport Control] and/or a participant in a [National Airsport
Control or FAI] authorized or recognized event, hereby acknowledge and agree as follows:
1.
I have received and had an opportunity to review the FAI Anti-Doping Rules and Procedures. I consent and agree to comply with and be bound by all of the provisions of the FAI Anti-Doping Rules and Procedures, including but not limited to, all amendments to the Anti-Doping Rules and Procedures and all International Standards incorporated in the Anti-Doping Rules and Procedures. I acknowledge and agree that National Airsport Controls and FAI have jurisdiction to impose sanctions as provided in the FAI Anti-Doping Rules and Procedures. I also acknowledge and agree that any dispute arising out of a decision made pursuant to the FAI Anti-Doping Rules and Procedures, after exhaustion of the process expressly provided for in the FAI Anti-Doping Rules and Procedures, may be appealed exclusively as provided in Article 13 of the FAI Anti-Doping Rules and Procedures to an appellate body for final and binding arbitration, which in the case of International-Level Athletes is the Court of Arbitration for Sport. I acknowledge and agree that the decisions of the arbitral appellate body referenced above shall be final and enforceable, and that I will not bring any claim, arbitration, lawsuit or litigation in any other court or tribunal. I have read and understand this Acknowledgement and Agreement. Print Name (Last Name, First Name) Signature (or, if a minor, signature of (Day/Month/Year) FAI Anti-Doping Rules And Procedures 2008

Source: http://pribinacup.sk/2010/files/fai_anti_doping_rules_2_1.pdf