Table Tennis
Anti-Doping Policy
Date
Adopted byTable Tennis
____________________
Date Anti-Doping
Policy Effective ____________________
TABLE OF CONTENTS
ARTICLE 1 - WHAT IS TTAs POSITION ON DOPING?
ARTICLE 2 - WHO DOES THIS
POLICY APPLY TO?
ARTICLE 4 - DEFINITION OF
DOPING
ARTICLE 5 - ANTI-DOPING RULE
VIOLATIONS
ARTICLE 7 - THE PROHIBITED
LIST
ARTICLE 9 - ANALYSIS OF SAMPLES
ARTICLE 10 - RESULTS MANAGEMENT
ARTICLE 11 - RIGHT TO A FAIR
HEARING
ARTICLE 12 - AUTOMATIC DISQUALIFICATION OF INDIVIDUAL
RESULTS
ARTICLE 13 - SANCTIONS ON
INDIVIDUALS
ARTICLE 14 - CONSEQUENCES TO TEAMS
ARTICLE 15 - REVIEW OF A FINDING
OF AN ANTI-DOPING RULE VIOLATION OR A SANCTION
ARTICLE 17 - CONFIDENTIALITY
AND REPORTING
ARTICLE 18 - RECOGNITION OF DECISIONS
BY OTHER ORGANISATIONS
ARTICLE 19 - STATUTE OF LIMITATIONS
ARTICLE 20 - DOPING CONTROL
FOR ANIMALS COMPETING IN SPORT
ARTICLE 21 - AMENDMENT AND INTERPRETATION
OF ANTI-DOPING RULES
TTA commits to the purposes of the World Anti-Doping Program and the Code, namely:
· to protect the Athletes’ fundamental right to participate in Doping free sport and thus promote health, fairness and equality for Athletes worldwide; and
· to ensure harmonised, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of Doping.
The fundamental rationale of this Policy is the preservation of the spirit of sport, namely the celebration of the human spirit, body and mind, and is characterised by the following values:
· Ethics, fair play and honesty;
· Health;
· Excellence in performance;
· Character and education;
· Fun and joy;
· Teamwork;
· Dedication and commitment;
· Respect for rules and laws;
· Respect for self and other participants;
· Courage;
· Community and solidarity.
Doping is fundamentally contrary to the spirit of sport.
This policy applies to:
a. Members;
b. Athletes;
c. Athlete Support Personnel; and
d.
Employees
and contractors of TTA.
3.1 The policies and minimum standards set forth in the Code[1] and implemented in this Anti-Doping Policy represent the consensus of a broad spectrum of stakeholders with an interest in fair sport. The persons identified in Article 2 are bound by this Anti-Doping Policy as a condition of their participation and/or involvement in the sport.
3.2 Roles and responsibilities
– Athletes:
3.2.1 must be knowledgeable of and comply with all anti-doping policies and rules applicable to them;
3.2.2 must read and understand the Prohibited List as it relates to them;
3.2.3 must be available for Sample collection and provide appropriate whereabouts information for this purpose when included in a Registered Testing Pool;
3.2.4 must take full responsibility, in the context of anti-doping, for what they ingest and Use;
3.2.5 must
inform medical personnel of
their obligations not to Use Prohibited Substances and Prohibited
Methods and to take responsibility to make sure that any medical treatment
received does not violate anti-doping policies and rules applicable to them;
and
3.2.6 who are not regular Members of TTA must be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis if required by the conditions of eligibility established by TTA, the AOC, the APC, the ITTF, the ACGA or as applicable.
3.3 Roles and responsibilities
– Athlete Support Personnel must:
3.3.1 be knowledgeable of and comply with all anti-doping policies and rules applicable to them or the Athletes whom they support;
3.3.2 support and assist Anti-Doping Organisations, including ASDA to conduct Doping Control; and
3.3.3 use their influence on Athletes values and behaviour to foster anti-doping attitudes.
3.5 Roles and responsibilities
– TTA should:
3.5.1 use its best efforts to assist Athletes to fulfil their responsibilities under this Anti-Doping Policy, including providing accurate Athlete contact information;
3.5.2 support and assist Anti-Doping Organisations, including ASDA to conduct Doping Control;
3.5.3 make reasonable efforts to make this Policy available to Members, Athletes and Athlete Support Personnel and Persons;
3.5.4 develop and implement, in consultation with ASDA and the ITTF, drug education and information programs for Athletes and Athlete Support Personnel;
3.5.5 support the initiatives of the ASC, ASDA, the ITTF, the AOC, the APC and the ACGA to stop Doping in sport;
3.5.6 adopt and implement Anti-Doping policies and rules which conform with the Code, the ITTF Anti Doping Rules, the AOC Anti Doping Policy, the APC Anti-Doping Policy and the ASC Anti-Doping Core Provisions;
3.5.7 cooperate with the ASC and other Anti-Doping Organisations in relation to the conduct of any investigation or hearing into an alleged Anti-Doping Rule Violation.
3.5.8
require as a condition
of membership that the policies, rules and programs of Member organisations
are in compliance with the Code, the ITTF, the AOC, the
APC, the ASC
and this Anti-Doping Policy;
3.5.9
require all Athletes
and Athlete Support Personnel within their jurisdiction to recognise
and be bound by anti-doping rules in conformance with the Code,
the ITTF, the AOC, the APC, the ASC and
this Anti-Doping Policy;
3.5.10 require Athlete(s) who are not regular Members of TTA or one of its Member organisations to be available for Sample collection and provide accurate and up-to-date whereabouts information if required by the conditions for eligibility established by TTA, the AOC, the APC, the ITTF, the ACGA; and
3.5.11 not disclose or use any information about a person who is alleged to have, or has committed an Anti-Doping Rule Violation until after the conclusion of the hearing, except (for a purpose under these rules) to the ASC, ASDA and relevant Anti-Doping Organisations.
Doping is defined as the occurrence of one or more of the Anti-Doping Rule Violations set forth in Article 5.1 through Article 5.8 of this Anti-Doping Policy.
The following constitute Anti-Doping Rule Violations:
5.1 The presence of a Prohibited
Substance or its Metabolites or Markers in an Athlete's
bodily Specimen.
5.1.1 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 bodily Specimens. 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 5.1.
5.1.2 Excepting those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, the detected 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.
5.1.3 As an exception to the general rule of Article 5.1, the Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.
5.2 Use or Attempted
Use of a Prohibited Substance or a Prohibited Method.
5.2.1 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.
5.3 Refusing, or failing without
compelling justification, to submit to Sample collection after notification
as authorised in this Anti-Doping Policy, or otherwise evading Sample
collection.
5.4 Violation of the requirements
regarding Athlete availability for Out-of Competition Testing
including failure to provide required whereabouts information set forth in
Article 8.3 (Athlete whereabouts
requirements) and missed tests which are declared based on reasonable rules.
5.5 Tampering, or Attempting
to tamper, with any part of Doping
Control.
5.6 Possession
of Prohibited Substances and Methods.
5.6.1
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 7.4 (Therapeutic Use) or other acceptable justification.
5.6.2 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 7.4 (Therapeutic Use) or other acceptable justification.
5.7 Trafficking
in any Prohibited Substance or Prohibited
Method.
5.8 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.
6.1 Burdens and Standards of Proof.
TTA or ITTF shall have the burden of establishing that
an Anti-Doping Rule Violation has occurred. The standard of proof shall be
whether TTA
or ITTF
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 this policy places 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.
6.2 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:
6.2.1 WADA-accredited laboratories are presumed to have conducted Sample analysis
and custodial procedures in accordance with the International
Standard for Laboratory Analysis[2].
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 ITTF or TTA
shall have the burden to establish that such departure did not cause the
Adverse Analytical Finding.
6.2.2 Departures from the International Standard for Testing[3]
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 the TTA or ITTF 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.
7.1 Incorporation of the Prohibited
List.
This Anti-Doping Policy incorporates the Prohibited List[4] which is published and revised by WADA as described in Article 4.1 of the Code and is available on WADA's website at www. wada-ama.org and changes from time to time.
7.2 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 this Anti-Doping Policy three months after publication of the Prohibited List by WADA without requiring any further action by TTA. In accordance with Article 4.2 of the Code the Prohibited List is the expanded List adopted by the ITTF and the Monitoring Program is the Program including additional substances and methods adopted by the ITTF.
7.3 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.
7.4 Therapeutic Use.
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) in accordance with the WADA International TUE Standard.[5]
7.4.1 Athletes included by ITTF in its
Registered Testing Pool and other Athletes prior to their participation in any International Event must obtain a TUE from ITTF (regardless
of whether the Athlete previously has received a TUE at the
national level). TUEs granted by
ITTF shall be reported to TTA and to WADA. Other Athletes subject to Testing must obtain a TUE from a Recognised
Medical Authority. TTA shall promptly report any such TUEs to ITTF and WADA, and other relevant Anti-Doping
Organisations including ASDA. TUEs which are consistent with the Code
and are within that Signatories authority, shall be recognised and
respected by all other Signatories.
7.4.2 International-Level Athletes who are included in the ITTF’s Registered
Testing Pool, should apply to ITTF for the TUE
at the same time the Athlete first provides whereabouts information
to the ITTF and, except in emergency situations, no later than 21 days before the Athlete's participation at an
International Event.
7.4.3 Athletes participating
in International Events who are not included in the ITTF Registered
Testing Pool must, except in emergency situations, request a TUE
from ITTF no later than 21 days before the Athlete's participation at an International Event.
7.4.4 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.
Decisions on TUE's
are subject to further appeal as provided in Article 16.
8.1 Authority to Test.
All Athletes subject to Doping Control agree to submit to In-Competition Testing and Out-of-Competition Testing (at any time or place, with or without advance notice) by an Anti-Doping Organisation.
8.2 Testing Standards.
All Testing shall be conducted in conformity with the WADA International Standard for Testing in force at the time of Testing.
8.3 Athlete Whereabouts Requirements.
TTA requires all
Athletes mustto provide accurate whereabouts
information to the relevant authority/ies in accordance with the Code,
and to keep this information updated
at all times.
The
ultimate responsibility
for providing whereabouts information rests with each Athlete, however, it shall be the responsibility
of TTA to use its best
efforts to assist the relevant Anti-Doping Organisation, including
ASDA, in obtaining whereabouts information
as requested by an Anti-Doping Organisation, including ASDA.
8.3.1 International level athletes – ITTF shall establish a Registered
Testing Pool of those Athletes who are required to provide up-to-date
whereabouts information to ITTF. ITTF may revise
its Registered Testing Pool from time to time in accordance with its
criteria.
Each Athlete in the ITTF Registered
Testing Pool shall provide whereabouts information in accordance with
the applicable requirements as determined by the ITTF.
An Athlete who fails to satisfy the ITTF applicable requirements will have committed an Anti-Doping Rule Violation pursuant to Article 5.4 of this Anti-Doping Policy.
8.3.2 National level athletes – ASDA shall establish a national
level Registered Testing Pool of those Athletes who are required to
provide up to date whereabouts information to ASDA.
The national level pool shall include International Level
Athletes from
8.3.2.1
TTA shall
assist ASDA to establish the national-level Registered
Testing Pool, as required.
8.3.2.2
ASDA shall
define and document criteria for Athletes to be included in the national
level Registered Testing Pool in accordance with the
International Testing Standard and relevant legislation.
8.3.2.3 The criteria shall be reviewed at least annually and updated as required.
8.3.2.4 Athletes included in the national level Registered Testing Pool may be revised from time to time.
8.3.2.5
Each Athlete in the national level Registered Testing
Pool shall provide whereabouts information in accordance with the applicable
requirements as determined by the ASDA
8.3.2.6 An Athlete who fails to satisfy
the ASDA applicable requirements
will have committed an Anti-Doping Rule Violation
pursuant to Article 2.4 of the Code and Article 5.4 of this Anti-Doping
Policy.
8.3.3 Whereabouts information provided pursuant to Articles 8.3.1 and 8.3.2 shall be shared with Anti-Doping Organisations having jurisdiction to test an Athlete on the strict condition that it be used only for Doping Control purposes.
8.4 Retirement and Return to Competition.
An Athlete who has been identified by the ITTF
for inclusion in the ITTF’s Registered
Testing Pool shall be subject to
ITTF retirement and return to Competition requirements.
An
Athlete who is included in the national
Registered Testing Pool shall be subject to
the following requirements:
8.4.1 An Athlete who wants to retire from Competition must do so by notifying TTA in writing.
8.4.2 An Athlete's retirement date will be the date TTA receives the notice.
8.4.3 Retirement does not:
a. excuse the Athlete from giving a Sample requested on or before their retirement date;
b. prevent the analysis of a Sample given by the Athlete on or before their retirement date;
c. affect the results of Testing under (a) or (b) above; or
d. exempt the Athlete from this Policy in relation to an Anti-Doing Rule Violation committed before their retirement date.
8.4.4
A retired Athlete may make a written
request to TTA
for reinstatement as a member six months after their retirement
date in accordance with Article 8.4.2. The request
is taken to be made on the date TTA receives the request for reinstatement.
8.4.5 Reinstatement will be at the discretion of TTA.
8.4.6 If reinstatement is granted then this Policy will apply to the Athlete from the date of their reinstatement request.
8.4.7 During the 6 month period following the reinstatement request the Athlete must be available for unannounced Out-of-Competition Testing in accordance with this Anti-Doping Policy.
8.4.8 A retired Athlete may not compete in Competitions and Events conducted by or under the auspices of TTA until the following periods expire:
For
international Competitions and Events
6 months from the date TTA receives the reinstatement request.
For
domestic Competitions and Events
6 months from the date TTA receives the reinstatement request.
8.4.9 An Athlete may apply to the Court of Arbitration for Sport (CAS) Appeals Division to be eligible to compete in international Competitions and Events before the period set out in clause 8.4.8 expires.
8.4.10 An Athlete may apply to the Anti-Doping Control Officer (ADCO) to be eligible to compete in domestic Competitions and Events before the period set out in clause 8.4.8 expires. The ADCO may grant the application if:
(a) the Athlete has been available for Out of Competition Testing;
(b) the results of the Out of Competition Testing have disclosed no violation of this Anti-Doping Policy; and
(c) there is no other evidence
available to the ADCO to suggest that the Athlete has breached
this Anti-Doping Policy during the period of the Athlete’s retirement.
8.5 Selection of Athletes for Testing
8.5.1 At International Events,
the ITTF shall determine the number of finishing placement tests,
random tests and target tests to be performed.
8.5.2 At National Events, ASDA shall determine the number of athletes selected
for Testing in each Competition and the procedures
for selecting the Athletes for Testing.
Doping Control Samples collected under this Anti-Doping
Policy shall be analysed in accordance with the following principles:
9.1 Use of Approved Laboratories.
Doping Control Samples collected under this Anti-Doping Policy must
be analysed by WADA-accredited laboratories or as otherwise
approved by WADA.
9.2 Substances Subject to Detection.
Laboratories shall analyse Doping Control Samples and report results
in accordance with the relevant WADA International Standard/s.
10.1 TTA will recognise the results of laboratory analysis of Testing by Anti-Doping Organisations including ASDA conducted in accordance with the WADA International Standard for Testing.
10.2 When the ADCO receives information that a Person may have committed an Anti-Doping Rule Violation, the ADCO will investigate the matter. The ADCO may consult affected/interested parties about their participation in any investigation and/or hearing.
10.3 Results management conducted by TTA shall be consistent with the general principles for effective and fair results management. Results of all Doping Controls shall be reported to ITTF within 14 days of the conclusion of TTA results management process. Any apparent Anti-Doping Rule Violation by an Athlete who is a Member of TTA or who is otherwise subject to this Anti-Doping Policy shall be promptly referred to an appropriate hearing panel established pursuant to Article 11 or national law. Apparent Anti-Doping Rule Violations by Athletes who are Members of another National Sporting Organisation shall be referred to the Athlete’s National Sporting Organisation for hearing.
10.4 Notification of an Alleged Anti-Doping
Rule Violation
TTA
will not disclose or use information about a person who is alleged to have,
or has committed an Anti-Doping Rule Violation except (for a purpose
under this policy) to:
a.
a sporting organisation of which
the person is a member
b.
the ASC
c.
the AOC, the ACGA,
the APC, or
d.
another person until after:
i.
the Committee, Panel or CAS has
made a determination, or
ii.
the ADCO has decided not to refer
the matter to a hearing.
10.5 For any apparent Anti-Doping Rule Violation
TTA will conduct any necessary follow-up investigation and shall then
promptly, within 10 days, send the Person a letter ('infraction notice')
via registered mail with a confirmation receipt which:
a.
notifies the Person of the anti-doping
rule/s which appear/s to have been violated and the basis of the violation;
b.
encloses a copy of this Policy,
c.
states that the ADCO will refer
the matter to a hearing within 14 days (unless
the Person gives a written waiver under clause 10.8);
and
d.
states that if the Person does not
respond within 14 days a hearing can be held in absentia or TTA may
apply a sanction in accordance with Article 13.
10.6 The ADCO will:
a.
immediately disclose information about
a Person who is alleged to have or has committed an Anti-Doping
Rule Violation under this policy to the ASC, the ITTF, and
the AOC, the ACGA or
the APC, as appropriate;
b.
consult the ASC, the ITTF,
and
the AOC, the ACGA, the APC about their participation in any investigation
and hearing;
c.
assist in any investigation and hearing
on behalf of the ASC, the ITTF, the AOC, the ACGA,
the APC; and
d.
consult the ASC, the ITTF,
the AOC, the ACGA, the APC
about a joint referral to a hearing.
10.7 The ADCO will refer the matter to
a hearing in accordance with Article 11.
10.8 The ADCO may decide not to refer
the matter to hearing if the Person in writing:
a.
acknowledges they have admitted the Anti-Doping
Rule Violation; and
b.
waives the right to hearing in relation
to:
i.
whether the Person committed an
Anti-Doping Rule Violation; and
ii.
what sanction will
apply.
TTA will then apply the sanction
as set out in Article 13.
10.9 Provisional Suspensions.
10.9.1 TTA may impose a Provisional Suspension
on any Person whose Sample is the subject of an Adverse
Analytical Finding or who is issued with an infraction notice or who
is subject to an investigation.
10.9.2 TTA may impose the following Provisional Suspension:
a.
suspend financial or other assistance to
the Person;
b.
suspend the Person from Competition
in Events and Competitions conducted by or under the auspices
of TTA; and
c. suspend
the Person's licence or participation permit (if relevant).
10.9.3 TTA may apply the Provisional Suspension
a.
from the date of the infraction notice;
b.
following the 14 day submission
period; or
c.
as
deemed appropriate by the TTA,
until the determination of the hearing.
10.9.4 An Athlete must
be given an opportunity for a Provisional Hearing before imposition of the Provisional Suspension. The hearing can
be held in absentia.
10.9.5 If a Provisional Suspension is imposed, the hearing in accordance
with Article 11 shall be advanced to a date which avoids substantial prejudice
to the Athlete.
11.1 Principles of a Fair Hearing
All hearings conducted pursuant to this Article 11 will respect the following principles:
·
a timely hearing;
·
a 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 of,
and bear responsibility for the cost
of the interpreter; and
· a timely, written, reasoned decision.
Subject to these principles, the hearing will be conducted in the manner that the hearing body determines is appropriate, with as little formality and technicality, and as quickly, as proper consideration of the issue permits.
11.2 The ADCO will wait 14 days (or a shorter period agreed
between the ADCO and the Person) after sending a letter under
Article 10.1 5 and
then will appoint to conduct the hearing:
a. a committee established in accordance with the rules of the ITTF; or
b. CAS;
The Chair of the hearing committee/panel must hold current legal qualifications.
11.3 The ITTF Committee/Panel or the CAS will determine:
a. if the Person has committed a violation of this Anti-Doping Policy;
b. if so, what sanction will apply; and
c. how long the sanction will apply.
11.4 The Committee/Panel or the CAS will give the ADCO a written statement of:
a. the findings of the hearing;
b. what sanction (if any) will apply; and
c. for how long the sanction (if any) will apply.
Sanctions will
be in accordance with Article 13.
11.5 Results of all Anti-Doping Rule Violations shall be reported to the ASC, ASDA, ITTF AOC, APC, ACGA and other relevant organisations within 14 days of the conclusion of the results management process.
11.6 Hearings pursuant to this Article shall be completed expeditiously and in all cases, unless there are exceptional circumstances, within three months of the date of the infraction notice described in Article 10.5. Hearings held in connection with Events may be conducted by an expedited process.
11.7 The ASC, ASDA, the AOC, the ACGA, the APC and the ITTF shall have the right to attend hearings as an observer or interested party.
11.8 Decisions by TTA, whether
as the result of a hearing or the Athlete
or other Person's acceptance
of consequences, may be appealed as provided in Article 16.
11.9 Hearing decisions by TTA shall not be subject to further administrative
review at the national level except as provided in Article 16 or required by applicable
national law.
A violation of this Anti-Doping Policy
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.
13.1 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 13.1.1.
13.1.1 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.
13.2 Imposition of Ineligibility for Prohibited Substances and Prohibited Methods. Except for the specified substances identified in Article 13.3, the period of Ineligibility
imposed for a violation of Article
5.1 (presence of Prohibited
Substance or its Metabolites
or Markers), Article 5.2 (Use
or Attempted Use of Prohibited Substance or Prohibited Method) and
Article 5.6 (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 13.6.
13.3 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 13.2 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 13.6.
13.4 Additional Sanction
13.4.1 TTA and/or
the ASC, the AOC, the APC, the ACGA,
may require
the Athlete or other Person to repay all funding and grants
received from the NSO and/or ASC, AOC, the APC, the
ACGA subsequent to the
occurrence of the Anti-Doping Rule Violation.
13.4.2
A Committee or the CAS may determine, in addition to applying
the sanction outlined in Article 13.1-13.3, that a Person
who has committed an Anti-Doping Rule Violation, , is required
to go to counselling for a specified period.
13.4.3
Where the hearings or appeals body determines that an employee or contractor
of TTA has committed an Anti-Doping Rule Violation, TTA will take disciplinary
action against the employee or contractor.
13.5 Ineligibility for Other Anti-Doping Rule Violations.
The period of Ineligibility
for other violations of this
Anti-Doping Policy shall be:
13.5.1
For violations
of Article 5.3 (refusing or failing to submit to Sample collection) or Article 5.5 (Tampering with Doping Control), the
Ineligibility periods set forth
in Article 13.2 shall apply.
13.5.2 For violations of Article 5.7 (Trafficking) or Article 5.8 (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 13.3, 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.
13.5.3 For violations of Article 5.4 (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.
13.6 Elimination or Reduction
of Period of Ineligibility Based on Exceptional Circumstances.
13.6.1
If the Athlete establishes in an individual case involving
an Anti-Doping
Rule Violation under Article 5.1 (presence of Prohibited Substance or its Metabolites
or Markers) or Use of a Prohibited Substance or
Prohibited Method under Article
5.2 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
5.1 (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 subsequent violations
under Article 13.2, 13.3 and 13.5, and multiple violations under Article 13.7.
13.6.2 This Article 13.6.2 applies only to Anti-Doping Rule Violations involving Article 5.1 (presence of Prohibited Substance or its Metabolites or Markers), Use of a Prohibited Substance or Prohibited Method under Article 5.2, failing to submit to Sample collection under Article 5.3, or administration of a Prohibited Substance or Prohibited Method under Article 5.8. 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 5.1 (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.
13.6.3 The ITTF may also reduce the period of Ineligibility in an individual case where the Athlete has provided substantial assistance to the ITTF which results in the ITTF discovering or establishing an Anti-Doping Rule Violation by another Person involving Possession under Article 5.6.2 (Possession by Athlete Support Personnel), Article 5.7 (Trafficking), or Article 5.8 (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.
13.7 Rules for Certain Potential
Multiple Violations
13.7.1 For purposes of imposing sanctions under Article 13.2, 13.3, 13.4 and 13.5, a second Anti-Doping Rule Violation may be considered for purposes of imposing sanctions only if the ITTF or TTA 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 the ITTF or TTA made a reasonable attempt to give notice, of the first Anti-Doping Rule Violation; if the ITTF or TTA 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.
13.7.2 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 13.3 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.
13.7.3
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 13.3 (specified substances) and the other involving a
Prohibited Substance or Prohibited
Method governed by the sanctions
set forth in Article 13.2 or
a violation governed by the sanctions in Article 13.5.1, the period of Ineligibility
imposed for the second offence 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 13.3 and any other Anti-Doping Rule Violation
under Article 13.2 or 13.5.1 shall receive a sanction of lifetime Ineligibility.
13.8 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 12 (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.
13.9 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,
TTA imposing the sanction may start the period
of Ineligibility at
an earlier date commencing
as early as the date of Sample collection.
13.10 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 authorised anti-doping
education or rehabilitation programs)
authorised or organised by ITTF
or TTA or its Members. This would preclude, but not be limited
to:
a.
practising/training with a national team;
b.
acting as a coach or sport official;
c.
selection in any representative team;
d.
competing in any Competition/Events;
e.
receiving, directly or indirectly, funding
or assistance from TTA;
f.
use of official TTA or Member
facilities;
g.
holding any position with TTA.
In
addition, for any Anti-Doping Rule Violation not involving specified
substances described in Article 13.3, some or all sport-related financial
support or other sport-related benefits received by such Person will be withheld by the ITTF or TTA. 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 the ITTF or TTA, 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.
This
article would not prohibit the Person from participating in sport
on a purely recreational level.
13.11 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 the ITTF or TTA, and any other Anti-Doping Organisation having Testing jurisdiction, and must provide current and accurate whereabouts information as
provided in Article 8.3. If
an Athlete subject to a period of Ineligibility retires from sport and is removed from Registered Testing Pools and later seeks reinstatement, the Athlete shall not be eligible for reinstatement
until the Athlete has notified the ITTF or TTA 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 8.4 or the period of Ineligibility
remaining as of the date the Athlete
had retired.
14.1 If a Member of a doubles team or
team is found to
have committed a violation of this Anti-Doping
Policy during an Event, the doubles team or team shall be Disqualified
from the Event.
15.1 A Person may make an application to the ADCO for review of a finding of an Anti-Doping Rule Violation or a sanction where new and relevant information becomes available which was:
a. not considered by the Committee/Panel or the CAS at the hearing; and
b. not available to the Person at the time of the hearing.
15.2 The application must:
a. be in writing; and
b. set out the new and relevant information.
15.3 The ADCO will consider the application and if they
consider it more probable
than not that the new information would have altered either
the finding of an Anti-Doping Rule Violation or the sanction, then
they will refer the application to the Committee/Panel or the
CAS to:
a. review the finding that the Person committed the Doping offence; and
b. decide whether to reduce or withdraw the sanction.
15.4 Any review conducted pursuant to Article 15.3 will apply Articles
4, 5, 6, 7, 12 and 13 of this Anti-Doping Policy.
15.5 A sanction will remain in force during the review unless the Committee or the CAS decides otherwise.
15.6 The ADCO must inform:
a. the Person;
b. any relevant sporting organisations;
c. the ASC;
d. ASDA;
e. the AOC, the APC, or the ACGA; and
f. any Person or organisation informed of the original determination under clause 11.6,
of any
change to the original determination as a result of the review. The ADCO may then inform other Persons or
organisations as the ADCO deems
appropriate.
16.1 Decisions Subject to Appeal.
Decisions
made under this Anti-Doping Policy may be appealed as set forth below in Article
16.2 through 16.4. Such decisions shall remain in effect while
under appeal unless the appellate body orders otherwise. Before an appeal is commenced,
any post-decision review authorised in Article 11.9 must be exhausted.
16.2 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 of an Anti-Doping Rule Violation, a decision that no Anti-Doping
Rule Violation was committed, a decision that the ITTF
or TTA 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 10.9 may
be appealed exclusively as provided in this Article 16.2. 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.
16.2.1 In cases
arising from Competition in an International Event or in cases involving International-Level
Athletes, the decision may be
appealed exclusively to CAS in accordance with the provisions
applicable before such court. Any such appeal will
apply Articles 4, 5, 6, 7, 12 and 13 of this Anti-Doping Policy.
16.2.2.1 In
cases involving Athletes that do not have a right to appeal
under Article 16.2.1, the appeal shall be to the CAS
Appeals Division and shall respect the following principles of natural
justice: 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. Any such appeal will apply Articles 4, 5, 6, 7,
12 and 13 of this Anti-Doping
Policy.
16.2.2.2 Any appeal from a determination of the hearing body in Article 11 must be solely
and exclusively resolved by the CAS Appeals Division. The determination of the CAS Appeals Division will
be final and binding on the parties to the appeal and no Person may
institute or maintain proceedings in any court or tribunal other than the
CAS Appeals Division. In particular, and without restricting the generality
of the foregoing and for further and better assurance, notwithstanding that
such provisions have no applicability, neither party will have the right
of appeal under Section 3 of the Commercial Arbitration Act of any of the
Australian States or to apply for the determination of a question of law
under Section 39(1)(a) of such Act.
16.2.2.3 The ADCO must inform any Person
or organisation informed of the original determination of any change to the
original determination as a result of the appeal.
16.2.2.4The outcome of all appeals must be reported to the ASC and ASDA the AOC, the APC,
the ACGA, and the ITTF within
14 days of the conclusion of the appeal.
16.2.2.5 The ADCO may then inform other Persons
or organisations as the ADCO thinks appropriate, including those with rights of appeal with respect
to these cases as set forth in Article 16.2.3.
16.2.3 In cases under Article 16.2.1, 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) ITTF and any other Anti-Doping Organisation 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 16.2.2, the parties having the right to appeal to the national-level
reviewing body, 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) ITTF; and
(d) WADA.
An appeal will be a re-hearing of the matters appealed against and the provisions of Clause 11 will apply, mutatis mutandis to any appeal.
For cases under Article 16.2.2, the ASC, WADA, the ITTF the AOC, the
ACGA, and the
APC shall also have the right to appeal to CAS with respect to the decision of the national-level
reviewing body.
16.3 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, ITTF or TTA or other body designated by TTA which granted or denied the exemption. Decisions to deny TUEs, 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 16.2.2. If the national level reviewing body reverses the decision to deny a TUE, that decision may be appealed to CAS by WADA.
16.4 Time for Filing Appeals.
The
time to file an appeal to CAS shall be within twenty (20) days of the nitial
hearing.
17.1 Incorporation of Relevant
Anti-Doping Rules.
TTA shall comply with the ITTF Anti-Doping
Rules so far as these are not inconsistent with this
Policy. Any procedural rules necessary
to effectively implement this Anti-Doping Policy shall be deemed to be included
in it. The Rules of each Member Organisation shall specifically
provide that all Athletes, Athlete Support Personnel and
other Persons under the
jurisdiction of the Member Organisation shall be bound by this Anti-Doping Policy.
17.2 Public Disclosure.
17.2.1 TTA must not publicly disclose
the identity of a Person who is suspected of an Anti-Doping Rule
Violation until
it has been determined in a hearing in accordance with Article 11 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, and no appeal has been lodged against any determination made.
17.2.2 No later than twenty (20) days after an
Anti-Doping matter has been finally determined, TTA must Publicly Report
its result including any sanction imposed.
17.3 Recognition of Decisions by IF and other National Sporting Organisations.
Any
decision of an
Anti-Doping Organisation regarding a violation
of this Anti-Doping Policy shall be recognised by all
National Sporting Organisations, which shall take all necessary action to render such results
effective.
Subject
to the right to appeal provided in Article 16, the Testing, TUEs and hearing results or other
final adjudications of any organisation recognised by the ASC, ITTF
AOC, APC, ACGA, WADA or Signatory to the Code which are consistent with the Code and are within the ASC, IF, AOC, APC, ACGA,
WADA or Signatory's authority, shall be recognised and respected by TTA. TTA may recognise the same actions of other
bodies which have not accepted
the Code if the rules of
those bodies are otherwise consistent with the Code and or the ASC’s
position.
No action may be commenced under this Anti-Doping Policy against an Athlete or other Person for a violation of an Anti-Doping Rule contained in this Anti-Doping Policy unless such action is commenced within eight years from the date the violation occurred.
Intentionally left blank
21.1 This Anti-Doping Policy may be amended from time to
time by TTA
subject to ASC approval.
21.2 Except as provided in Article 21.5, this Anti-Doping
Policy shall
be interpreted as
an independent and autonomous text and not by reference to existing law or statutes.
21.3 The headings used for the various Parts
and Articles of this Anti-Doping Policy are for convenience only and shall not be
deemed part of the substance of this Anti-Doping Policy or to affect in any way the
language of the
provisions to which they refer.
21.4 The INTRODUCTION and the APPENDIX
I DEFINITIONS shall be considered integral parts of this Anti-Doping Policy.
21.5 This Anti-Doping Policy has 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 this Anti-Doping Policy.
21.6 This Anti-Doping Policy shall not apply retrospectively to matters
pending before
the date this Anti-Doping
Policy came into effect.
21.7 Words in the singular include
the plural and vice versa.
21.8 A Person includes a
body corporate.
21.9 Words not defined in this policy have the
meaning ascribed to them in the Code unless a contrary meaning appears
from the context.
21.10 Reference to “including” and
similar words are not words of limitation.
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 Control Officer
(ADCO). Means the
Anti-Doping Control Officer appointed by the TTA
to give effect to this Policy and, if no Person is appointed the Chief
Executive or equivalent officer of TTA.
Anti-Doping Organisation. 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, and other Major Event Organisations that conduct Testing at their Events, WADA, International Federations, and National Anti-Doping Organisations.
Anti-Doping Rule Violation. As outlined in Article 5.
Athlete:
(a) 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 Organisation)
and any additional Person who participates in sport at a lower level
if designated by the Person's National Anti-Doping Organisation.
For purposes of anti-doping
information and education, any
Person who participates
in sport under the authority of any Signatory, government, or other sports organisation
accepting the Code; or
(b) any Person who:
(i) is registered with TTA or
one of its Members; or
(ii)
participates, or has in the previous five years participated, in any
sporting activity conducted, authorised, recognised or controlled, either
directly or indirectly, by TTA or
a body affiliated with TTA; or
(iii) has otherwise agreed to be bound by this Anti-Doping Policy.
Athlete Support Personnel. Any coach, trainer, manager, agent, team staff, official,
parent of a minor or guardian, 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 enunciates the Attempt prior
to it being discovered by a third party not involved in the Attempt.
Australian Olympic Committee (AOC). Means the Australian Olympic Committee Inc.
Australian Paralympic Committee (APC). Means the Australian Paralympic Committee Inc.
Australian Sports Commission (ASC). Means the Australian Sports Commission established by the Australian Sports Commission Act 1989.
Australian Sports Drug Agency (ASDA). Means the Australian Sports Drug Agency established by the Australian Sports Drug Agency Act 1990.
Australian Sports Drug Medical
Advisory Committee (ASDMAC). Means the
Australian Sports Drug Medical Advisory Committee established by the
Australian Sports Drug Agency Act 1990.
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
Rule 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 13;
[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 11 (Right to a Fair Hearing).]
Court of Arbitration for Sport
(CAS). Means
the Court of Arbitration of Sport (
Disqualification. See Consequences of Anti-Doping
Rule Violations above.
Doping. The occurrence of one or more of the Anti-Doping Rule Violations set forth in Article 5.1 through Article 5.8 of this Anti-Doping Policy.
Doping Control. The process including test
distribution planning, Sample collection and handling, laboratory analysis,
results management, hearings and appeals.
Endogenous. Refers to a substance which is capable of being produced by the body naturally.
Event. A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, FINA World Championships, or Pan American Games).
Exogenous. Refers to a substance which is not capable of being produced by the body naturally.
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 Organisation, an In-Competition test is a test where an Athlete is selected for Testing in connection with a specific Competition.
Independent Observer Program. A team of observers, under the supervision of WADA, who observe the Doping Control process at certain Events and report on observations. If WADA is Testing In-Competition at an Event, the observers shall be supervised by an independent organisation.
Ineligibility. See Consequences of Anti-Doping Rule
Violations above.
International Event. An Event where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organisation, or another international sport organisation is the ruling body for the Event or appoints the technical officials for the Event.
International Federation. Means an International Federation recognised by the IOC or General Assembly
of International Sports Federations (GAISF) as the entity responsible for
governing that sport internationally.
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.
ITTF. Means the
International Table Tennis Federation
Major Event Organisations. This
term refers to the continental associations of National Olympic Committees and other international multi-sport organisations
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.
Member. A Person who, or a body
which, is a Member of TTA; a Person
who, or body which, is affiliated with TTA; or
a Person who is a member of a body which is a Member of or affiliated
with TTA
Metabolite. Any substance produced by a biotransformation process.
Mimetic. A substance with pharmacological effect similar to that of
another substance, regardless of the fact that it has a different chemical
structure.
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 Organisation. 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. [The Australian Government
has designated the Australian Sports Commission and the Australian Sports
Drug Agency as
National Event. A sport Event involving international or national-level
Athletes that is not an International Event.
National Olympic Committee. The organisation recognised 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.
National Sporting Organisation. A national or regional
entity which is a Member of or is recognised by an International
Sporting Federation as the entity governing that International
Federation’s sport in that nation or region or is recognised
by the ASC as a National Sporting Organisation. This includes National Sporting Organisations for Athletes
with a Disability.
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 organisation or other entity, including an Athlete, Athlete Support Personnel and Member.
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 which
is published and revised by WADA as described in Article 4.1 of the
Code.
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 10.9.5, an expedited abbreviated hearing occurring prior to a hearing under
Article 11 (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 of Anti-Doping Rule Violations 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 17.
Recognised Medical Authority. The Australian Sports Drug Medical Advisory Committee (ASDMAC), or an authority recognised by the ASDMAC which may authorise the Use of a Prohibited Substance and/or Prohibited Method for a therapeutic purpose.
Registered Testing Pool. The pool of top level Athletes established
separately by each International Federation and National Anti-Doping
Organisation who are subject to both In-Competition
and Out-of-Competition Testing as part of that International Federation's or Organisation's test distribution
plan.
Sample/Specimen. Any biological material collected for the purposes of Doping Control.
Signatories. Those entities signing the Code and agreeing to comply with the Code, including the International Olympic Committee, International Federations, International Paralympic Committee, National Olympic Committees, National Paralympic Committees, Major Event Organisations, National Anti-Doping Organisations, and WADA.
Sporting Organisation. Means the Australian Olympic Committee, Australian Commonwealth Games Association, Australian Paralympic Committee and any organisation recognised, assisted or funded by the ASC and includes their Member and affiliated organisations.
Table
Tennis
Tamperinq. 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.
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.
Therapeutic Use Exemption (TUE). Means Therapeutic Use Exemption
in accordance with the WADA International Standard for Therapeutic
Use Exemptions.
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 application, ingestion, injection or
consumption by any means whatsoever of any Prohibited Substance
or Prohibited Method.
WADA. The World Anti-Doping Agency.
[1] In March 2004, the 2004 WADA Code was accessible on the internet through the web site of the World Anti-Doping Agency (www.wada-ama.org).
[2] In March 2004, the International Standard for Laboratory Analysis was accessible on the internet through the web site of the World Anti-Doping Agency (www.wada-ama.org).
[3] In March 2004, the International Standard for Testing was accessible on the internet through the web site of the World Anti-Doping Agency (www.wada-ama.org).
[4] In March 2004, the 2004 WADA Prohibited List was accessible on the internet through the web site of the World Anti-Doping Agency (www.wada-ama.org).
[5] In March 2004, the WADA International Therapeutic Use Exemption Standard was accessible on the internet through the web site of the World Anti-Doping Agency (www. WADA-ama.org).