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Therapeutic Use Exemption WITH EFFECT FROM 1st January 2010
Only to be completed by International Level Athletes
participating in an International Event for which or Athletes in the World Bowls registered International
Testing Pool TUE application forms must be completed in full and submitted to World Bowls for consideration by the World Bowls TUE Committee. Forms will be returned if not fully completed. Where an athlete is due to appear in an International event and wishes to make application for a TUE in respect of prescribed medication involving a Banned Substance or Method on the current WADA Prohibited List, athlete should submit an application for a TUE no less than 30 days before he/she needs the approval (for instance an event) Please note that World Bowls will not be responsible for advising athletes on any medical conditions and whether such medication includes Substances or Methods included on the WADA Banned List of Prohibited Substances and Methods. All such investigations are the responsibility of the athlete in consultation with their own medical pratitioners/consultants. International Level Athletes may also wish to consult their National Authority in confidence to determine the requirements in relation to submitting a TUE application to World Bowls. All TUE applications will be treated in
the strictest confidence. Click here to download the TUE application
form
World Bowls Anti-Doping Regulations TABLE OF CONTENTS INTRODUCTION ...................................................................................................................................................................................................................................3 PREFACE................................................................................................................................................................................................................................................3
ARTICLE 1.............................DEFINITION OF DOPING....................................................................................................................................................................5 ARTICLE 2.............................ANTI-DOPING RULE VIOLATIONS................................................................................................................................................... 5 ARTICLE 3.............................PROOF OF DOPING............................................................................................................................................................................ 6 ARTICLE 4............................ THE PROHIBITED LIST.......................................................................................................................................................................7 ARTICLE 5.............................TESTING.................................................................................................................................................................................................8 ARTICLE 6.............................ANALYSIS OF SAMPLES....................................................................................................................................................................11 ARTICLE 7.............................ESULTS MANAGEMENT....................................................................................................................................................................12 ARTICLE 8............................ RIGHT TO A FAIR HEARING............................................................................................................................................................ 14 ARTICLE 9............................. AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS .................................................................................................16 ARTICLE 10...........................SANCTIONS ON INDIVIDUALS........................................................................................................................................................16 ARTICLE 11........................... CONSEQUENCES TO TEAMS....................................................................................................................................................... 21 ARTICLE 12............................SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL FEDERATIONS......................................................................21 ARTICLE 13............................APPEALS............................................................................................................................................................................................22 ARTICLE 14............................NATIONAL FEDERATIONS INCORPORATION OF WORLD BOWLS RULES, REPORTING AND RECOGNITION.......24 ARTICLE 15...........................RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS...............................................................................................25 ARTICLE 16............................ STATUTE OF LIMITATIONS............................................................................................................................................................25 ARTICLE 17............................ WORLD BOWLS COMPLIANCE REPORTS TO WADA.............................................................................................................26 ARTICLE 18.............................AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES........................................................................................26
World Bowls Anti-Doping Rules INTRODUCTION Preface At the World Bowls Board meeting held on 26th March 2004 in Edinburgh, Scotland, World Bowls accepted the World Anti-Doping Code (the "Code"). These Anti-Doping Rules are adopted and implemented in conformance with World Bowls responsibilities under the Code as a Regulation of World Bowls, and are in furtherance of World Bowls continuing efforts to eradicate doping in the sport of Bowls. Anti-Doping Rules, like Competition rules,
are sport rules governing the conditions under which sport is played.
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 minimum standards set forth in the Code and
implemented in these Anti-Doping Rules represent the consensus of a
broad spectrum of stakeholders with an interest in fair sport and should
be respected by all courts and adjudicating bodies. Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as "the spirit of sport"; it is the essence of Olympism; it is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is characterized by the following values: · Ethics, fair play and honesty · Doping is fundamentally contrary to the spirit of sport. Scope These Anti-Doping Rules shall apply to World Bowls, each National Federation of World Bowls, and each Participant in the activities of World Bowls or any of its National Federations by virtue of the Participant's membership, accreditation, or participation in World Bowls, its National Federations, or their activities or Events. It is the responsibility of each National Federation to ensure that all national-level Testing on the National Federation's Athletes complies with these Anti-Doping Rules. In some cases, the National Federation itself will be conducting the Doping Control described in these Anti-Doping Rules. In other countries, many of the Doping Control responsibilities of the National Federation have been delegated or assigned by statute to a National Anti-Doping Organization. In those countries, references in these Anti-Doping Rules to the National Federation shall apply, as applicable, to the National Federation's National Anti-Doping Organization. These Anti-Doping Rules shall apply to all Doping Controls over which World Bowls and its National Federations have jurisdiction. 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 to Article 2.8 of these Anti-Doping Rules. 2 The following constitute anti-doping rule violations: 2.1 The presence of a Prohibited Substance
or its Metabolites or Markers in an Athlete's bodily Specimen 2.2 Use or Attempted Use of a Prohibited Substance or a Prohibited Method 2.2.1 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed. 2.3 Refusing, or failing without compelling justification, to submit to Sample collection after notification as authorized in these Anti-Doping Rules or otherwise evading Sample collection. 2.4 Violation of the requirements regarding Athlete availability for Out-of-Competition Testing including failure to provide required whereabouts information set forth in Article 5.5 (Athlete whereabouts requirements) and missed tests which are declared based on reasonable rules. 2.5 Tampering, or Attempting to tamper, with any part of Doping Control. 2.6 Possession of Prohibited Substances and Methods 2.6.1 Possession by an Athlete at any time or place of a substance that is prohibited in Out-of-Competition Testing or a Prohibited Method unless the Athlete establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification. 2.6.2 Possession of a Prohibited Substance that is prohibited in Out-of-Competition Testing or a Prohibited Method by Athlete Support Personnel in connection with an Athlete, Event or training, unless the Athlete Support Personnel establishes that the Possession is pursuant to a therapeutic use exemption granted to an Athlete in accordance with Article 4.4 (Therapeutic Use) or other acceptable justification. 2.7 Trafficking in any Prohibited Substance or Prohibited Method. 2.8 Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted violation. 3 PROOF OF DOPING 3.1 Burdens and Standards of Proof World Bowls and its National Federations
shall have the burden of establishing that an anti-doping rule violation
has occurred. The standard of proof shall be whether World Bowls or
its National Federation has established an anti-doping rule violation
to the comfortable satisfaction of the hearing body 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 violation to rebut a presumption or establish specified
facts or circumstances, the standard of proof shall be by a balance
of probability. 3.2.1 WADA-accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis. The Athlete may rebut this presumption by establishing that a departure from the International Standard occurred. If the Athlete rebuts the preceding presumption by showing that a departure from the International Standard occurred, then World Bowls or its National Federation shall have the burden to establish that such departure did not cause the Adverse Analytical Finding. 3.2.2 Departures from the International Standard for Testing which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Athlete establishes that departures from the International Standard occurred during Testing then World Bowls or its National Federation shall have the burden to establish that such departures did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation. 4 THE PROHIBITED LIST 4.1 Incorporation of the Prohibited List These Anti-Doping Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code. World Bowls will make the current Prohibited List available to each National Federation, and each National Federation shall ensure that the current Prohibited List is available to its members and constituents. (Refer www.wada-ama.org for current List) 4.2 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 three months after publication of the Prohibited List by WADA without requiring any further action by World Bowls. As described in Article 4.2 of the Code, World Bowls may upon the recommendation of their Anti-Doping Commission request that WADA expands the Prohibited List for the sport of Bowls. World Bowls may also upon the recommendation of their Anti-Doping Commission request that WADA includes additional substances or methods, which have the potential for abuse in the sport of Bowls in the monitoring program described in Article 4.5 of the Code. As provided in the Code, WADA shall make the final decision on such requests by World Bowls. 4.3 Criteria for Including Substances and Methods on the Prohibited List As provided in Article 4.4.3 of the Code, WADA's determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List shall be final and shall not be subject to challenge by an Athlete or other Person. 4.4 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 Therapeutic Use Exemption ("TUE"). 4.4.2 Athletes included by World Bowls in their Registered Testing Pool(art.5-5) and other Athletes prior to their participation in any International Event must obtain a TUE from World Bowls (regardless of whether the Athlete previously has received a TUE at the national level). TUE's granted by World Bowls shall be reported to the Athlete's National Federation and to WADA. Other Athletes subject to Testing must obtain a TUE from their National Anti-Doping Organization or other body designated by their National Federation. National Federations shall promptly report any such TUE's to World Bowls and WADA. 4.4.3 World Bowls Board shall appoint a panel of physicians to consider requests for TUE's (the "TUE Panel"). Upon World Bowl's receipt of a TUE request, the Chair of the TUE Panel shall appoint 3 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 World Bowls 4.4.3.1 International-Level Athletes who are included in the Registered Testing Pool (art. 5-5), should apply to World Bowls for the TUE at the time they provide whereabouts information to World Bowls and, except in emergency situations, no later than 21 days before their participation at an International Event. 4.4.3.2 Athletes participating in International Events who are not included in the Registered Testing Pool must, except in emergency situations, request a TUE from World Bowls no later than 21 days before their participation at an International Event. 4.4.4 WADA, at the request of an Athlete or on its own initiation, may review the granting or denial of any TUE to an International Level Athlete or a national level Athlete that is included in a Registered Testing Pool. 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. 5 TESTING 5.1 Authority to Test All Athletes affiliated with a National Federation shall be subject to In-Competition Testing by World Bowls, the Athlete's National Federation, and any other Anti-Doping Organization responsible for Testing at a Competition or Event in which they participate. All Athletes affiliated with a National Federation shall also be subject to Out-of-Competition Testing at any time or place, with or without advance notice, by World Bowls, WADA, the Athlete's National Federation, 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. 5.2 Responsibility for World Bowls Testing The World Bowls Anti-Doping Commission shall be responsible for overseeing all Testing conducted by World Bowls. Testing may be conducted by qualified persons or organisations so authorized by World Bowls. 5.3 International Standards for Testing Testing conducted by World Bowls and its National Federations shall be in substantial conformity with the International Standard for Testing in force at the time of Testing. 5.3.1 Blood (or other non-urine) Samples may be used either to detect Prohibited Substances or Prohibited Methods or for screening procedure purposes only. If the blood is collected for screening only, it will have no other consequences for the Athlete other than to identify him/her for a urine test under these Anti-Doping rules. In these circumstances, World Bowls 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. 5.4 Coordination of Testing World Bowls and National Federations shall promptly report completed tests through the WADA clearinghouse to avoid unnecessary duplication in Testing. 5.5 Athlete Whereabouts Requirements 5.5.1 World Bowls shall identify a Registered Testing Pool of those Athletes who are required to provide up-to-date whereabouts information to World Bowls For World Bowls this registered Testing Pool will be composed with the men's and women's athletes forming the elite squad in the countries finishing in the first 8 places in the overall final table of countries in the last World Championships World Bowls may revise their Registered Testing Pool from time to time as appropriate. The duration of the registration is a minimum of 2 years compared to the most recent result. Each Athlete in the Registered Testing Pool shall file semi-annual reports with World Bowls on forms provided by those which specify on a daily basis the locations and times where the Athlete will be residing, training and competing. Athletes shall update this information so that it remains valid. The ultimate responsibility for providing whereabouts information rests with each Athlete, however, it shall be the responsibility of each National Federation to use its best efforts to assist World Bowls in obtaining whereabouts information as requested by World Bowls 5.5.2 Any Athlete in the World Bowls Registered Testing Pool who is unavailable for Testing on three attempts during any period of 18 consecutive months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4. For each attempt, the Doping Control Officer shall visit all locations during the times specified by the Athlete for that date and shall stay two hours at each location. Notification shall be sent to the Athlete between each attempt which is to be counted as an unavailable test. 5.5.3 Any Athlete in the World Bowls Registered Testing Pool who fails to timely submit a required semi-annual whereabouts report to his National Federation after receipt of two formal written warnings from World Bowls or a National Federation in the preceding 18 months shall be considered to have committed an anti-doping rule violation pursuant to Article 2.4. 5.5.4 Each National Federation shall also assist their National Anti-Doping Organization in establishing a national level Registered Testing Pool of top level national Athletes who are not already included in the World Bowls Testing Pool. The National Federation/National Anti-Doping Organization may establish its own whereabouts reporting requirements and criteria for Article 2.4 violations applicable to those Athletes. 5.5.5 Whereabouts information provided pursuant to Articles 5.5.1 and 5.5.4 shall be shared with WADA and other Anti-Doping Organizations having jurisdiction to test an Athlete on the strict condition that it will only be used for Doping Control purposes. 5.6 Retirement and Return to Competition 5.6.1 An Athlete who has been identified for inclusion by World Bowls in the Registered Testing Pool shall continue to be subject to these Anti-Doping Rules, including the obligation to be available for No Advance Notice Out-of-Competition Testing, unless and until the Athlete gives written notice to World Bowls, that he or she has retired or until he or she no longer satisfies the criteria for inclusion in the World Bowls Registered Testing Pool and has been so informed by World Bowls. 5.6.2 An Athlete who has given notice of retirement to World Bowls may not resume competing unless he or she notifies World Bowls at least six months before he or she expects to return to competition and is available for unannounced Out-of-Competition Testing, at any time during the period before actual return to competition. 5.7 Selection of Athletes to be Tested 5.7.1 At International Events, the World Bowls Board shall determine the number of finishing placement tests, random tests and target tests to be performed. The following Athletes shall be tested for each Competition at an International Event. 5.7.1.1 (For individual disciplines) Each Athlete finishing in one of the top three placements in the Competition, plus one other Athlete in the Competition selected at random. 5.7.1.2 (For team disciplines) One Athlete selected at random from each of the top three finishing teams, plus one Athlete selected at random from a randomly-selected team outside the top three finishing teams in the Competition. 5.7.2 At National Events, each National Federation 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 World Bowls Board at International Events, and the National Federation 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 National Federations through a process that substantially complies with the International Standard for Testing in force at the time of selection. 6 ANALYSIS OF SAMPLES Doping Control Samples collected under these Anti-Doping Rules shall be analyzed in accordance with the following principles: 6.1 Use of Approved Laboratories World Bowls 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 method approved by WADA) used for the Sample analysis shall be determined exclusively by World Bowls. 6.2 Substances Subject to Detection Doping Control 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 Code]. 6.3 Research on Samples No Sample may be used for any purpose other than the detection of substances (or classes of substances) or methods on the Prohibited List, or as otherwise identified by WADA pursuant to its Monitoring Program, without the Athlete's written consent. 6.4 Standards for Sample Analysis and Reporting Laboratories shall analyze Doping Control Samples and report results in conformity with the International Standard for Laboratory Analysis. 7 RESULTS MANAGEMENT 7.1 Results Management for Tests Initiated by World Bowls Results management for Tests initiated by World Bowls (including Tests performed by WADA pursuant to agreement with World Bowls) shall proceed as set forth below: 7.1.1 The results from all analyses must be sent to World Bowls in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in such a way that the results of the analyses are confidential. 7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the World Bowls Anti-Doping Administrator shall conduct, or authorise the conducting of, a review to determine whether: (a) an applicable TUE has been granted, or (b) there is any apparent departure from the International Standards for Testing or Laboratory Analysis that undermines the validity of the Adverse Analytical Finding. 7.1.3 If the initial review under Article 7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for laboratory analysis in force at the time of Testing or analysis that undermines the validity of the Adverse Analytical Finding, World Bowls shall promptly notify the Athlete of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated, or, in a case under Articles 7.1.8 or 7.1.9, a description of the additional investigation that will be conducted as to whether there is an anti-doping rule violation; (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 right of the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis if such analysis is requested; and (e) 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 Laboratory Analysis. 7.1.4 Arrangements shall be made for
Testing the B Sample within three weeks of the notification described
in Article 7.1.3. An Athlete may accept the A Sample analytical results
by waiving the requirement for B Sample analysis. World Bowls may nonetheless
elect to proceed with the B Sample analysis 7.1.6 If the B Sample proves negative, the entire test shall be considered negative and the Athlete, his National Federation, and World Bowls shall be so informed. 7.1.7 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his National Federation, World Bowls, and to WADA. 7.1.8 The World Bowls Anti-Doping Administrator shall conduct, or authorise the conducting of, any follow-up investigation as may be required by the Prohibited List. Upon completion of such follow-up investigation, World Bowls shall promptly notify the Athlete regarding the results of the follow-up investigation and whether or not World Bowls asserts that an Anti-Doping rule was violated. 7.1.9 For apparent anti-doping rule violations that do not involve Adverse Analytical Findings, World Bowls 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. 7.2 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 World Bowls. 7.3 Results Management for Tests initiated by National Federations Results management conducted by National Federations shall be consistent with the general principles for effective and fair results management which underlie the detailed provisions set forth in Article 7.1. Results of all Doping Controls shall be reported to World Bowls within 14 days of the conclusion of the National Federation's results management process. Any apparent anti-doping rule violation by an Athlete who is a member of that National Federation shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Federation or national law. Apparent anti-doping rule violations by Athletes who are members of another National Federation shall be referred to the Athlete's National Federation for hearing. 7.4 Provisional Suspensions The World Bowls Board, may Provisionally Suspend an Athlete prior to the opportunity for a full hearing based on an Adverse Analytical Finding from the Athlete's A Sample or A and B Samples and the review described in Article 7.1. If a Provisional Suspension is imposed, either the hearing in accordance with Article 8 shall be advanced to a date which avoids substantial prejudice to the Athlete, or the Athlete shall be given an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension. National Federations may impose Provisional Suspensions in accordance with the principles set forth in Article 7.3. ARTICLE 8 RIGHT TO A FAIR HEARING 8.1 Hearings arising out of World Bowls Testing or Tests at International Events 8.1.1 World Bowls Board shall appoint a standing panel consisting of a minimum of 3 experts with experience in anti-doping (World Bowls Anti Doping Panel") of which one doctor that doesn't exercise the function of national team doctor. 8.1.2 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Rules have been violated in connection with World Bowls Testing or Testing at an International Event then the case shall be assigned to the World Bowls Anti Doping Panel for adjudication. 8.1.3 The Chair of the World Bowls Anti Doping Panel shall appoint three members from the panel to hear each case. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Athlete or other Person alleged to have violated these Anti-Doping Rules. 8.1.4 Hearings pursuant to this Article shall be completed expeditiously following the completion of the results management process described in Article 7. Hearings held in connection with Events may be conducted on an expedited basis. 8.1.5 The National Federation of the Athlete or other Person alleged to have violated these Anti-Doping Rules may attend the hearing as an observer. 8.1.6 World Bowls shall keep WADA fully apprised as to the status of pending cases and the result of all hearings. 8.1.7 An Athlete or other Person may forego a hearing by acknowledging the Anti-Doping Rule violation and accepting Consequences consistent with Articles 9 and 10 as proposed by World Bowls 8.1.8 Decisions of the World Bowls Anti Doping Panel may be appealed to Court of Arbitration for Sport as provided in Article 13. 8.2 Hearings Arising Out of National Testing 8.2.1 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Rules have been violated in connection with Testing other than in connection with World Bowls Testing or Testing at an International Event, the Athlete or other Person involved shall be brought before a disciplinary panel of the Athlete or other Person's National Federation for a hearing to adjudicate whether a violation of these Anti-Doping Rules occurred and if so what Consequences should be imposed. 8.2.2 Hearings pursuant to this Article 8.2 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, World Bowls may elect to bring the case directly before the World Bowls Anti Doping Panel at the responsibility and at the expense of the National Federation. 8.2.3 National Federations shall keep World Bowls and WADA fully apprised as to the status of pending cases and the results of all hearings. 8.2.4 World Bowls and WADA shall have the right to attend hearings as an observer. 8.2.5 The Athlete or other Person may forego a hearing by acknowledging the violation of these Anti-Doping Rules and accepting Consequences consistent with Articles 9 and 10 as proposed by the National Federation. 8.2.6 Decisions by National Federations, 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. 8.2.7 Hearing decisions by the National Federation shall not be subject to further administrative review at the national level except as provided in Article 13 or required by applicable national law. 8.3 Principles for a Fair Hearing All hearings pursuant to either Article 8.1 or 8.2 shall respect the following principles: · a timely hearing; · fair and impartial hearing body; · the right to be represented by counsel at the Person's own expense; · the right to be fairly and timely informed of the asserted anti-doping rule violation; · 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 body's discretion to accept testimony by telephone or written submission); · the Person's right to an interpreter at the hearing, with the Doping Panel to determine the identity, and responsibility for the cost of the interpreter; and · a timely, written, reasoned decision. 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS A violation of these Anti-Doping Rules in connection with an In-Competition test automatically leads to Disqualification of the individual result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes. 10 SANCTIONS ON INDIVIDUALS 10.1 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. 10.2 Imposition of Ineligibility for Prohibited Substances and Prohibited Methods Except for the specified substances identified in Article 10.3, 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: First violation: Two (2) years' Ineligibility. Second violation: Lifetime Ineligibility. However, the Athlete or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing this sanction as provided in Article 10.5. 10.3 Specified Substances The Prohibited List may identify specified substances which are particularly susceptible to unintentional anti-doping rules violations because of their general availability in medicinal products or which are less likely to be successfully abused as doping agents. Where an Athlete can establish that the Use of such a specified substance was not intended to enhance sport performance, the period of Ineligibility found in Article 10.2 shall be replaced with the following: First violation: At a minimum, a warning and reprimand and no period of Ineligibility from future Events, and at a maximum, one (1) year's Ineligibility. Second violation: Two (2) years' Ineligibility. Third violation: Lifetime Ineligibility. However, the Athlete or other Person shall have the opportunity in each case, before a period of Ineligibility is imposed, to establish the basis for eliminating or reducing (in the case of a second or third violation) this sanction as provided in Article 10.5. 10.4 Ineligibility for Other Anti-Doping Rule Violations The period of Ineligibility for other violations of these Anti-Doping Rules shall be: 10.4.1 For violations of Article 2.3 (refusing or failing to submit to Sample collection) or Article 2.5 (Tampering with Doping Control), the Ineligibility periods set forth in Article 10.2 shall apply. 10.4.2 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. 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 referenced in Article 10.3, shall result in lifetime Ineligibility for such Athlete Support Personnel. In addition, violations of such Articles, which also violate non-sporting laws and regulations, may be reported to the competent administrative, professional or judicial authorities. 10.4.3 For violations of Article 2.4 (Whereabouts Violations or Missed Tests), the period of Ineligibility shall be: First violation: Three (3) months to one (1) year Ineligibility. Second and subsequent violations: Two (2) years' Ineligibility. 10.5 Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances 10.5.1 If the Athlete establishes in an individual case involving an anti-doping rule violation under Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers) or Use of a Prohibited Substance or Prohibited Method under Article 2.2 that he or she bears No Fault or Negligence for the violation, the otherwise applicable period of Ineligibility shall be eliminated. When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete's Specimen 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 10.2, 10.3 and 10.6. 10.5.2 This Article 10.5.2 applies only to anti-doping rule violations involving Article 2.1 (presence of Prohibited Substance or its Metabolites or Markers), Use of a Prohibited Substance or Prohibited Method under Article 2.2, failing to submit to Sample collection under Article 2.3, or administration of a Prohibited Substance or Prohibited Method under Article 2.8. If an Athlete establishes in an individual case involving such violations 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 minimum 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 Specimen 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 reduced. 10.5.3 The World Bowls Anti-Doping Panel may also reduce the period of Ineligibility in an individual case where the Athlete has provided substantial assistance to World Bowls which results in World Bowls discovering or establishing an anti-doping rule violation by another Person involving Possession under Article 2.6.2 (Possession by Athlete Support Personnel), Article 2.7 (Trafficking), or Article 2.8 (administration to an Athlete). The reduced period of Ineligibility may not, however, be less than one-half of the minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than 8 years. 10.6 Rules for Certain Potential Multiple Violations 10.6.1 For purposes of imposing sanctions under Article 10.2, 10.3 and 10.4, a second anti-doping rule violation may be considered for purposes of imposing sanctions only if World Bowls (or its National Federation) can establish that the Athlete or other Person committed the second anti-doping rule violation after the Athlete or other Person received notice, or after World Bowls (or its National Federation) made a reasonable attempt to give notice, of the first anti-doping rule violation; if World Bowls (or its National Federation) cannot establish this, the violations shall be considered as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction. 10.6.2 Where an Athlete, based on the
same Doping Control, is found to have committed an anti-doping rule
violation involving both a specified substance under Article 10.3 and
another Prohibited Substance or Prohibited Method, the Athlete shall
be considered to have committed a single anti-doping rule violation,
but the sanction imposed shall be based on the Prohibited Substance
or Prohibited Method that carries the most severe sanction. 10.6.3 Where an Athlete is found to have committed two separate anti-doping rule violations, one involving a specified substance governed by the sanctions set forth in Article 10.3 (specified substances) and the other involving a Prohibited Substance or Prohibited Method governed by the sanctions set forth in Article 10.2 or a violation governed by the sanctions in Article 10.4.1, the period of Ineligibility imposed for the second offense shall be at a minimum two years' Ineligibility and at a maximum three years' Ineligibility. Any Athlete found to have committed a third anti-doping rule violation involving any combination of specified substances under Article 10.3 and any other anti-doping rule violation under Article 10.2 or 10.4.1 shall receive a sanction of lifetime Ineligibility. 10.7 Disqualification of Results in Competitions Subsequent to Sample Collection 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 doping 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 Commencement of Ineligibility Period 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. Where required by fairness, such as delays in the hearing process or other aspects of Doping Control not attributable to the Athlete, World Bowls 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. 10.9 Status During Ineligibility No 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 World Bowls or any National Federation. In addition, for any anti-doping rule violation not involving specified substances described in Article 10.3, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by World Bowls and its National Federations. A 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 sports subject to the jurisdictions of World Bowls and its National Federations, 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 toward) a national championship or International Event. 10.10 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 World Bowls, the applicable National Federation, and any other Anti-Doping Organization having Testing jurisdiction, and must provide current and accurate whereabouts information as provided in Article 5.5. 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 World Bowls and the applicable National Federation and has been subject to Out-of-Competition Testing for a period of time equal to the longer of the period set forth in Article 5.6 or the period of Ineligibility remaining as of the date the Athlete had retired. During such remaining period of Ineligibility, a minimum of 3 tests must be conducted on the Athlete with at least three months between each test. The National Federation 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 World Bowls. In addition, immediately prior to the end of the suspension period, an Athlete must undergo Testing by World Bowls for the Prohibited Substances and Methods for Out-of-Competition Testing. Once the period of an Athlete's suspension has expired, and the Athlete has fulfilled the conditions of reinstatement, then the Athlete will become automatically re-eligible and no application by the Athlete or by the Athlete's National Federation will then be necessary. 11 CONSEQUENCES TO TEAMS 11.1 If a member of a team is found to have committed a violation of these Anti-Doping Rules during an Event, the team shall be Disqualified from the Event. 12 SANCTIONS AND COSTS ASSESSED AGAINST NATIONAL FEDERATIONS 12.1 The World Bowls Board has the authority to withhold some or all funding or other non financial support to National Federations that are not in compliance with these Anti-Doping Rules. 12.2 National Federations shall be obligated to reimburse World Bowls for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated with that National Federation. 12.3 In the event that any National Federation shall fail to take sufficient measures or implement sufficient polices and procedures in order to comply with these rules or the Code World Bowls may elect to take additional disciplinary action against National Federations with respect to recognition, the eligibility of its officials and Athletes to participate in International Events and fines based on the following. 12.3.1 Four or more violations of these Anti-Doping Rules (other than violations involving Articles 2.4 and 10.3) are committed by Athletes or other Persons affiliated with a National Federation within a 12 month period in testing conducted by World Bowls or Anti-Doping Organizations other than the National Federation or its National Anti-Doping Organization. In such event World Bowls may in their discretion elect to: (a) ban all officials from that National Federation for participation in any World Bowls activities for a period of up to two years and/or (b) fine the National Federation in an amount up to $ 1.500 U.S. Dollars. Any fine paid pursuant to Rule 12.3.2 shall be credited against any fine assessed.) 12.3.1.1 If four or more violations of these Anti-Doping Rules (other than violations involving Articles 2.4 and 10.3) are committed in addition to the violations described in Article 12.3.1 by Athletes or other Persons affiliated with a National Federation within a 12 month period in testing conducted by World Bowls or Anti-Doping Organizations other than the National Federation or its National Anti-Doping Organization, then World Bowls may suspend that National Federation's membership for a period of up to 4 years. 12.3.2 More than one Athlete or other Person from a National Federation commits an Anti-Doping Rule violation during an International Event. In such event World Bowls may fine that National Federation in an amount up to $ 1500 U.S. Dollars 12.3.3 A National Federation has failed to make diligent efforts to keep World Bowls informed about an Athlete's whereabouts after receiving a request for that information from World Bowls. In such event World Bowls may fine the National Federation in an amount up to $ 1500 U.S. Dollars per Athlete in addition to all of World Bowls costs incurred in Testing that National Federation's Athletes. 13 APPEALS 13.1 Decisions Subject to Appeal Decisions made under these Anti-Doping Rules may be appealed as set forth below in Article 13.2 to 13.4. 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 Article 8 must be exhausted. 13.2 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, a decision that no anti-doping rule violation was committed, a decision that World Bowls or its National Federation lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences, and a decision to impose a Provisional Suspension as a result of a Provisional Hearing or otherwise in violation of Article 7.4 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 In cases arising from Competition in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to the Court of Arbitration for Sport ("CAS") in accordance with the provisions applicable before such court. 13.2.2 In cases involving Athletes that do not have a right to appeal under Article 13.2.1, each National Federation shall have in place an appeal procedure that respects the following principles: a timely hearing, a fair and impartial hearing body; the right to be represented by a counsel at the Person's expense; and a timely, written, reasoned decision. World Bowls' rights of appeal with respect to these cases are set forth in Article 13.2.3 below. 13.2.3 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) World Bowls 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 or Paralympic 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 Federation's rules but, at a minimum, shall include: (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) World Bowls; and (d) WADA. For cases under Article 13.2.2, WADA and World Bowls shall also have the right to appeal to CAS with respect to the decision of the national-level reviewing body. 13.3 Appeals from Decisions Granting or Denying a Therapeutic Use Exemption Decisions by WADA reversing the grant or denial of a TUE exemption may be appealed exclusively to CAS by the Athlete, World Bowls, or National Anti-Doping Organization or other body designated by a National Federation which granted or denied the exemption. Decisions to deny therapeutic use exemptions, 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 therapeutic use exemption, that decision may be appealed to CAS by WADA. 13.4 Appeal from Decisions Pursuant to Article 12 Decisions by World Bowls pursuant to Article 12 may be appealed exclusively to CAS by the National Federation. 13.5 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. 14 NATIONAL FEDERATIONS INCORPORATION OF WORLD BOWLS RULES, REPORTING AND RECOGNITION 14.1 Incorporation of World Bowls Anti-Doping Rules All National Federations shall comply with these Anti-Doping Rules. These Anti-Doping Rules shall also be incorporated either directly or by reference into each National Federations Rules. All National Federations shall include in their regulations the procedural rules necessary to effectively implement these Anti-Doping Rules. Each National Federation shall obtain the written acknowledgement and agreement, in the form attached as Appendix 2, of all Athletes subject to Doping Control and Athlete Support Personnel for such Athletes. Notwithstanding whether or not the required form has been signed, the Rules of each National Federation shall specifically provide that all Athletes, Athlete Support Personnel and other Persons under the jurisdiction of the National Federation shall be bound by these Anti-Doping Rules. 14.2 Statistical Reporting National Federations shall report to World Bowls 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. World Bowls may periodically publish Testing data received from National Federations as well as comparable data from Testing under World Bowls jurisdiction. 14.3 Doping Control Information Clearing House When a National Federation has received an Adverse Analytical Finding on one of its Athletes, it shall report the following information to World Bowls 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 World Bowls 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 World Bowls 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), World Bowls and WADA shall be provided with a written reasoned decision explaining the basis for the elimination or reduction. Neither World Bowls nor WADA shall disclose this information beyond those persons within their organisations with a need to know until the National Federation has made public disclosure or has failed to make public disclosure as required in Article 14.4 below. 14.4 Public Disclosure Neither World Bowls nor its National Federation 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 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 has been established, it shall be publicly reported within 20 days. 14.5 Recognition of Decisions by World Bowls and National Federations Any decision of World Bowls or a National Federation regarding a violation of these Anti-Doping Rules shall be recognized by all National Federations, which shall take all necessary action to render such results effective. 15 RECOGNITION OF DECISIONS BY OTHER ORGANISATIONS Subject to the right to appeal provided in Article 13, the Testing, therapeutic use exemptions and hearing results or other final adjudications of any Signatory to the Code which are consistent with the Code and are within the Signatory's authority, shall be recognised and respected by World Bowls and its National Federations. World Bowls and its National Federations may recognize the same actions of other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code. 16 STATUTE OF LIMITATIONS No action may be commenced under these Anti-Doping Rules against an Athlete or other Person for a violation of an Anti-Doping rule contained in these Anti-Doping Rules unless such action is commenced within eight years from the date the violation occurred. 17 WORLD BOWLS COMPLIANCE REPORTS TO WADA World Bowls will report to WADA on World Bowls compliance with the Code every second year and shall explain reasons for any noncompliance. 18 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES 18.1 These Anti-Doping Rules may be amended from time to time by the World Bowls Board. 18.2 Except as provided in Article 18.5, these Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes. 18.3 The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer. 18.4 The INTRODUCTION and the APPENDIX I DEFINITIONS shall be considered integral parts of these Anti-Doping Rules. 18.5 These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The comments annotating various provisions of the Code may, where applicable, assist in the understanding and interpretation of these Anti-Doping Rules. 18.6 Notice to an Athlete or other Person who is a member of a National Federation may be accomplished by delivery of the notice to the National Federation. 18.7 These Anti-Doping Rules shall not apply retrospectively to matters pending before the date these Anti-Doping Rules came into effect. APPENDIX 1 - DEFINITIONS Adverse Analytical Finding. A report from a laboratory or other approved Testing entity that identifies in a Specimen 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. For purposes of Doping Control, 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) and any additional Person who participates in sport at a lower level if designated by the Person's National Anti-Doping Organization. For purposes of anti-doping information and education, any Person who participates in sport under the authority of any Signatory, government, or other sports organization accepting the Code. Athlete Support Personnel. Any coach, trainer, manager, agent, team staff, official, medical or para-medical personnel working with or treating Athletes 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. Code. The World Anti-Doping Code. Competition. A single race, match, game or singular athletic contest. For example, the finals of the Olympic 100-meter dash. For stage races and other athletic contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation. Consequences of Anti-Doping 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. The process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals. Event. A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, FINA World Championships, or Pan American Games). In-Competition. For purposes of differentiating between In-Competition and Out-of-Competition Testing, unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organization, an In-Competition test is a test where an Athlete is selected for Testing in connection with a specific Competition. Ineligibility. See Consequences of Anti-Doping Rules Violations above. 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 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. 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 parameters 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. 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 Federation. A Member National Authority (as defined in the Statutes). 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 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 no longer intends to have Possession and has renounced the Person's previous Possession. 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. 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. Sample/Specimen. Any biological material collected for the purposes of Doping Control. Statutes. The Statutes of World Bowls. Tampering. Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly to alter results or prevent normal procedures from occurring. 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. Testing. The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory. Trafficking. To sell, give, administer, transport, send, deliver or distribute a Prohibited Substance or Prohibited Method to an Athlete either directly or through one or more third parties, but excluding the sale or distribution (by medical personnel or by Persons other than an Athlete's Support Personnel) of a Prohibited Substance for genuine and legal therapeutic purposes. Use. The illegal application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method. WADA. The World Anti-Doping Agency. #APPENDIX 2 - Acknowledgment and Agreement The defined terms in the the following document are those set forth in the World Bowls Anti-Doping Rules I, as a member of [National Federation] and/or a participant in a [National Federation or World Bowls] authorized or recognized event, hereby acknowledge and agree as follows: 1. I have received and had an opportunity to review the [World Bowls] Anti-Doping Rules. 2. I consent and agree to comply with and be bound by all of the provisions of the [World Bowls] Anti-Doping Rules, including but not limited to, all amendments to the Anti-Doping Rules and all International Standards incorporated in the Anti-Doping Rules. 3. I acknowledge and agree that [National Federations and World Bowls] have jurisdiction to impose sanctions as provided in the World Bowls Anti-Doping Rules. 4. I also acknowledge and agree that any dispute arising out of a decision made pursuant to the World Bowls Anti-Doping Rules, after exhaustion of the process expressly provided for in the World Bowls Anti-Doping Rules, may be appealed exclusively as provided in Article 13 of the World Bowls Anti-Doping Rules to an appellate body for final and binding arbitration, which in the case of International-Level Athletes is the Court of Arbitration for Sport. 5. 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. 6. I have read and understand this Acknowledgement and Agreement. Date_____________________ Print Name (Last Name, First Name) ______________ ______________________________________ Date of Birth_______________ Signature (or, if a minor, signature of (Day/Month/Year) legal guardian) ___________________________ |