VICTORIAN INSTITUTE OF SPORT (VIS) ANTI-DOPING POLICY
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OFFICIAL VICTORIAN INSTITUTE OF SPORT (VIS) ANTI-DOPING POLICY Page 1
OFFICIAL 1. Purpose This Policy is adopted and implemented as a result of the Victorian Institute of Sport’s (VIS) commitment to the purposes of the World Anti-Doping Program of WADA and the Code and the Australian anti-doping framework including the Sport Integrity Australia Act 2020 (Cth); (Sport Integrity Australia Act) and the Sport Integrity Australia Regulations 2020 (Cth) (Sport Integrity Australia Regulations) including Schedule 1 which comprises the National Anti-Doping scheme (NAD scheme). It is in conformance with the VIS’s responsibilities under the Code and International Standards and in furtherance of the VIS’s continuing efforts to eradicate doping in Australia. 1.1 Fundamental Rationale for the Code and the VIS’s Anti-Doping Policy Anti-Doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred to as “the spirit of sport”- the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents. Anti-Doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world. The spirit of sport is the celebration of the human spirit, body and mind – it is the essence of Olympism and is reflected in the values we find in and through sport, including: • Health • Ethics, fair play and honesty • Athlete’s rights as set forth in the Code • 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 The spirit of sport is expressed in how we play true. Doping is fundamentally contrary to the spirit of sport. 2. Responsibilities VIS agrees and accepts that it will perform the following functions, roles and responsibilities: 1. To ensure that its anti-doping policies and rules conform with the Code and International Standards. 2. To respect the autonomy of the National Anti-Doping Organisation in its country namely, Sport Integrity Australia and not to interfere in its operational decisions and Sport Integrity Australia activities. 3. To require that persons under the jurisdiction of VIS adhere to applicable anti-doping policies and rules Page 2
OFFICIAL which are in compliance with the applicable provisions of the Code and International Standards. 4. To use its best endeavours to require persons under the jurisdiction of VIS to report any information suggesting or relating to an anti-doping rule violation to Sport Integrity Australia and to cooperate with investigations conducted by any Anti-Doping Organisation with authority to conduct the investigation. 5. To fully cooperate with and assist Sport Integrity Australia to vigorously pursue all potential anti-doping rule violations within its jurisdiction, including fully cooperating with any investigation Sport Integrity Australia is conducting into whether Athlete Support Personnel or Other Persons may have been involved in each case of doping. 6. To promote anti-doping Education, including to make available or conduct anti-doping Education in cooperation with Sport Integrity Australia. 7. To co-operate with relevant national organisations and agencies and other Anti-Doping Organisations. 8. To the fullest extent permitted by law, to have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes within the VIS’s authority. 3. Application This policy applies to: 1. The persons on the VIS Executive; persons participating on any commission or committee established pursuant to the Constitution of the VIS; officers, employees, interns and volunteers of the VIS; 2. Athletes; 3. Athlete Support Personnel; and 4. Any Other Person under the VIS’s authority or jurisdiction, including any Person receiving funding or other valuable benefits from the VIS (such as scholarships) or who is either employed by the VIS or a member of the VIS’s staff. Sanctions are applicable in the event of any anti-doping rule violation or other breach of this Policy. 4. Obligations 4.1 All Athletes bound by this Policy must: 1. be knowledgeable of and comply with all applicable anti-doping policies and rules that apply to the Athlete, namely the Code, the International Standards, this Policy and the policies and rules of the VIS, the Australian Sports Commission, Sport Integrity Australia and their relevant National Federation and International Federation (together the Athlete Applicable Anti-Doping Rules); 2. co-operate with and assist Sport Integrity Australia, including by: Page 3
OFFICIAL a. attending an interview to fully and truthfully answer questions; b. giving information; and c. producing documents, in an investigation being conducted by Sport Integrity Australia in accordance with the Sport Integrity Australia Act, Sport Integrity Australia Regulations, NAD scheme and Athlete Applicable Anti-Doping Rules, even if to do so might tend to incriminate them or expose them to a penalty, sanction or other disciplinary measure; 3. be available for Sample or Specimen collection conducted in accordance with Athlete Applicable Anti- Doping Rules, at all times; 4. take responsibility, in the context of anti-doping, for what they ingest and Use; 5. inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate the Athlete Applicable Anti-Doping Rules; 6. disclose to VIS, Sport Integrity Australia and their National Federation and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten years; and 7. co-operate with Anti-Doping Organisations investigating anti-doping rule violation. 4.2 All Athletes who are not regular members of a National Federation must be available for Sample collection conducted according to the Code and Athlete Applicable Anti-Doping Rules and provide accurate and up-to- date whereabouts information on a regular basis, if required. 4.3 Any Athlete bound by this Policy who is not a member of a National Federation and who fulfills the requirements to be part of the Sport Integrity Australia Registered Testing Pool or the Sport Integrity Australia National Testing Pool, or the Sport Integrity Australia Domestic Testing Pool, must become a member of his or her National Federation, and must make himself or herself available for Testing, at least twelve months before participating in International Events or at least six months before participating in National Events of his or her National Federation. 4.4 All Athlete Support Personnel must: 1. be knowledgeable of and comply with all anti-doping policies and rules that apply to the Athlete Support Personnel, namely the Code, the International Standards, this Policy and the policies and rules of their relevant National Anti-Doping Organisation(s), National Federation(s), Sport Australia and International Federation(s), applicable to them or to the Athletes whom they support (together the Support Personnel Applicable Anti-Doping Rules); 2. co-operate with the Athlete Testing program; 3. use their influence on Athlete values and behaviour to foster anti-doping attitudes; 4. disclose to VIS, Sport Integrity Australia and their National and International Federation(s) any decision by a non- Signatory finding that they committed an anti-doping rule violation within the previous ten Page 4
OFFICIAL years; 5. cooperate with Anti-Doping Organisations investigating anti-doping rule violations; 6. not Use or Possess any Prohibited Substance or Prohibited Method without valid justification; and 7. co-operate with and assist Sport Integrity Australia, including by: a. attending an interview to fully and truthfully answer questions; b. giving information; and c. producing documents, in an investigation being conducted by Sport Integrity Australia in accordance with the Sport Integrity Australia Act, Sport Integrity Australia Regulations, NAD scheme and Support Personnel Applicable Anti-Doping Rules, even if to do so might tend to incriminate them or expose them to a penalty, sanction or other disciplinary measure. 4.5 Each Other Person must: 1. Be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to the Code and International Standards which are applicable to them; 2. Disclose to VIS, Sport Integrity Australia and their National Federation and International Federation any decision by a non-signatory finding that they committed an anti-doping rule violation within the previous 10 years. 3. Cooperate with Anti-Doping Organisations investigating anti-doping rule violations. 4. Cooperate with and assist Sport Integrity Australia, including by: a. Attending an interview to fully and truthfully answer questions; b. Giving information; and c. Producing documents, in an investigation being conducted by Sport Integrity Australia, even if to do so might tend to incriminate them or expose them to a penalty, sanction or other disciplinary measure. 5. Testing 5.1 The VIS will recognise the results of accredited laboratory analysis of Testing conducted by Anti-Doping Organisations (including Sport Integrity Australia) conducted in accordance with the Code and International Standards. 5.2 The VIS may request any Anti-Doping Organisation to conduct Testing and analysis of Samples of Athletes in accordance with the Code and International Standards. 5.3 Where the VIS requests the conduct of Testing and analysis of Samples of Athletes by Sport Integrity Australia, whether by itself or, in the case of Athletes not within Sport Integrity Australia’s jurisdiction, by another National Anti-Doping Organisation under Articles 20.5.3 and 20.5.4 of the Code, then Sport Integrity Australia Page 5
OFFICIAL will either by itself or the other National Anti-Doping Organisation which conducts the Testing ensure that there is timely initial review and a follow-up review and investigation of any Adverse Analytical Finding or Atypical Finding required pursuant to Article 5.0 of the International Standard for Results Management (ISRM) and advise the VIS, and the Athlete’s National Federation and International Federation of the results thereof. 6. Breaches of this Policy 6.1 Without limiting any other term of this Policy, the commission of an anti-doping rule violation is a breach of this Policy. 6.2 Without limitation, Articles 1, 2, 3, 4, 5, 6, 7, 17, 26, 27 and Appendix 1 of the Code apply to determine whether any anti-doping rule violation has been committed. 6.3 It is an infraction of this Policy for an Athlete, Athlete Support Personnel or Other Person to breach any of their obligations to the VIS derived from this Policy. 7. Mutual recognition of anti-doping rule violations 7.1 VIS shall recognise and implement the decision of any Signatory or National Federation, and where applicable bodies that are not a Signatory, in accordance with Article 15 of the Code. 7.2 Upon being advised of a determination and its effects under clause 7.1 and provided that the VIS can lawfully do so in the circumstances, the Chief Executive Officer will give the Person concerned notice in writing of: 1. the recognition by the VIS of such determination and its effects; and 2. The automatic imposition of the applicable sanction under clause 9 for the period determined by the Anti-Doping Organisation, the NST, CAS, or other sporting tribunal to apply to the anti-doping rule violation in question. 7.3 Except as provided in the Code or otherwise provided for by law, no Person may appeal against or challenge any recognition by the VIS under this clause 6 of an anti-doping rule violation by that Person unless that Person has first exhausted all his or her rights of appeal and other legal rights (if any) in respect of the hearing and finding of the Signatory or National Federation concerned (before any tribunal as provided for in the anti- doping policy of the Signatory or National Federation concerned). In the event that a Person challenges or appeals the hearing, finding or determination of the Signatory or National Federation concerned, the VIS will defer recognition of the anti-doping rule violation pending the conclusion of the challenge or appeal and will abide by the decision of the tribunal concerned. 8. Non-recognised Anti-Doping Rule violations 8.1 Where: 1. there is evidence of an anti-doping rule violation by any Person including Athlete Support Personnel and the Chief Executive Officer believes (in consultation with Sport Integrity Australia) that it is inappropriate in the circumstances of the particular case to refer the matter to a National Federation for prosecution as a breach of its anti-doping policy; or 2. the Chief Executive Officer believes that a Person holding a position within the VIS or on the VIS Executive, or Other Person including Athlete Support Personnel may have committed an anti-doping Page 6
OFFICIAL rule violation and is not subject to the anti-doping policy of any National Federation in respect of that alleged anti-doping rule violation; the Chief Executive Officer will issue a Letter of Charge in accordance with Article 7.0 of the ISRM provided that it is lawful to do so. 9. VIS imposed sanctions for anti-doping rule violations 9.1 Any Athlete, Athlete Support Personnel or Other Person who is found to have committed an anti-doping rule violation will be ineligible to receive funding from VIS, utilise VIS facilities or to hold any position within the VIS or on the VIS Executive for the period or periods specified in the Code as applicable to the anti-doping rule violation in question. 9.2 For the purposes of clause 9.1, the period or periods of any sanction will be determined according to Articles 9, 10, 11 and appendix 1 of the Code. 9.3 Any Person who is found to have committed an anti-doping rule violation as an Athlete or Athlete Support Personnel will be ineligible for membership or selection in any VIS Team, or to receive funding from or hold any position with the VIS for the period or periods specified in the Code as applicable to the anti-doping rule violation in question. 9.4 The above sanctions may be applied to a Person independently of any sanction or penalty, its duration or timing or whether current or past, imposed by any Signatory or National Federation provided that the VIS will recognise previous sanctions imposed by any Signatory or National Federation to determine whether the breach is a first, second or third offence. 9.5 Any period of sanction in respect of an anti-doping rule violation may be reduced or otherwise varied by the NST, CAS or another sporting tribunal solely in accordance with the provisions of the Code. 10. Other breaches of this Policy 10.1 The sanctions set out in this clause 10 do not apply in respect of the commitment of an anti-doping rule violation by the relevant Person. 10.2 Without limiting clause 10.2, any Person who, in the sole and absolute discretion of the VIS Executive, fails to comply with the obligations set out in clauses 4.1(2) and (7) or 4.4(5) and (7) or 4.5(3) and (4) may be ineligible to receive funding from VIS, use VIS facilities or to hold any position within the VIS for such period as the VIS Executive determine in their sole and absolute discretion. 10.3 Any sanctions imposed under this clause 10 are non-exclusive and the Person may be subject to additional sanctions in accordance with any other terms applicable to that Person’s relationship with the VIS, including any terms of employment. 11. NST Hearing The Article 8 hearing body for the purposes of this Anti-Doping Policy at first instance is the NST. Page 7
OFFICIAL A hearing by the NST under this Policy will be conducted in the manner that the NST determines is appropriate, with as little formality and technicality, and as quickly as proper consideration of the issues permit, and will be conducted in accordance with the NST Act. 11.1 All instances of alleged anti-doping rule violations will be determined in conformity with the Code and the International Standard for Results Management and must be established according to the provisions of the Code. 11.2 If the NST determines that a person has committed an anti-doping rule violation, it will impose on the person the relevant sanction pursuant to clause 9. 12. Appeals from determinations of NST 12.1 A Person including the VIS and those entitled to appeal under Article 13.2.3 of the Code aggrieved of a determination of the NST under clause 11 may appeal that decision to the Appeals Division of the NST in accordance with the process set out in the NST Act and instruments made under it, as in force from time to time. 12.2 A Person including the VIS and those entitled to appeal under Article 13.2.3 of the Code aggrieved of a determination of the Appeals Division of the NST under clause 12.1 may appeal that decision to the Appeals Division of the CAS in accordance with the provisions applicable before such court. 12.3 Any appeal hearing by CAS under this clause 12 will be conducted: 1. by a panel of three arbitrators appointed by the Permanent Secretary of the Oceania Registry of CAS; 2. as an appeal arbitration proceeding; and 3. pursuant to the Code of Sports Related Arbitration, provided that the Award and the arbitrator’s reasons therefore will be made public and to this extent Rule 43 of the Code of Sports-Related Arbitration regarding confidentiality will not apply. 12.4 An appeal will be a rehearing of the matters appealed against by way of a hearing de novo and the provisions of clause 11 will apply, mutatis mutandis, to any appeal to the NST or CAS. 13. Notification 13.1 Upon the imposition of a sanction under this Policy, the VIS will subject to any constraints imposed by applicable law, send details of the sanction imposed to: 1. those Persons entitled to notification under Article 14.1 of the Code 2. the National Federation of the Person concerned; 3. the International Federation of the Person concerned; 4. the Australian Sports Commission; 5. Sport Integrity Australia; 6. WADA; and Page 8
OFFICIAL 7. any other Person or organisation the VIS believes should be informed in this respect. 13.2 If on appeal the NST or CAS overturns the finding that an anti-doping rule violation has occurred or alters the sanction imposed, the VIS will advise the decision to all those Persons notified of the initial imposition of the sanction pursuant to clause 13.1. 14. Disputes [intentionally not used] 15. Costs and expenses of hearings & appeals to CAS In any hearing before CAS pursuant to clause 11 or clause 12, each party shall bear the arbitration costs in accordance with the CAS Code of Sports-related Arbitration. Should it be found that no anti-doping rule violation has been committed, VIS shall reimburse the Athlete or Other Person their application fee and their portion of the arbitration costs. Each party shall otherwise bear their own costs. 16. Review of anti-doping rule violation If a Person recorded as having committed an anti-doping rule violation is subsequently found not to have committed that anti-doping rule violation or is otherwise cleared or pardoned of any relevant wrongdoing by the NST or CAS or any other Anti-Doping Organisation’s Appellate Body acting in conformity with the Code, the VIS will overturn the anti-doping rule violation and any sanction which had been imposed as a result of that anti- doping rule violation and will report the decision to all those Persons notified of the initial imposition of the sanction pursuant to clause 13. 17. Review of VIS imposed sanction 17.1 Where a Person to whom a sanction has been applied under this Policy or any preceding VIS anti-doping policy in respect of an anti-doping rule violation has new and relevant information concerning the subject anti-doping rule violation, he or she may make written application to the Chief Executive Officer setting out the grounds for a possible review of that VIS-imposed sanction. 17.2 The Chief Executive Officer will consider the application and determine in his or her sole and absolute discretion whether to review any sanction imposed under this Policy or any preceding VIS anti-doping policy and may alter a sanction imposed previously including a reduction or withdrawal of that VIS imposed sanction. 17.3 The Chief Executive Officer will not alter any sanction under clause 17.2 without first consulting with any other sports organisation(s) which he or she knows has a current sanction over the Person. 17.4 In the event of any alteration to a sanction by the Chief Executive Officer pursuant to this clause 17, the Chief Executive Officer will promptly notify the Person concerned as well as those Persons who received notification from the VIS of that sanction. In such instance, those Persons entitled to appeal under Article 13.2.3 of the Code (other than the Person to whom the sanction has been applied) will have the right to appeal the decision of the Chief Executive Officer in accordance with the Code. Clauses 12.2 – 12.4 will apply to any such appeal. Page 9
OFFICIAL 18. Interpretation In this policy, the following words have the following respective meanings: “Adverse means a report from a WADA-accredited laboratory or other WADA- Analytical approved laboratory that, consistent with the International Standard for Finding” Laboratories, establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method. “Anti-Doping means WADA, or a Signatory that is responsible for adopting rules for Organisation” initiating, implementing or enforcing any part of the Doping Control process. This includes, but is not limited to, the International Olympic Committee, the International Paralympic Committee, other Major Event Organisations that conduct Testing at their Events, International Federations, and National Anti- Doping Organisations (which for Australia is Sport Integrity Australia). “Anti-doping means the anti-doping rule violations described in Article 2 of the Code. rule violation” "Athlete" means: a. any Person who competes or participates in sport at the international level (as defined by each International Federation) or the national level (as defined by Sport Integrity Australia); b. any Person who is neither an International-Level Athlete nor a National- Level Athlete to whom Sport Integrity Australia applies its anti-doping rules; c. for purposes of Articles 2.8 and 2.9 of the Code and for purposes of anti- doping information and Education, any Person who competes or participates in sport under the authority of any Signatory, government or other sports organisation accepting the Code; d. any Person who competes or participates in sport under the authority of a National Federation or under the authority of a member of a National Federation; or e. any Person who is registered as an Athlete or competitor or Participant (however described) with a National Federation or with a member of a National Federation or a club recognised by a National Federation. any Athlete or Other Person, who by virtue of an accreditation or license or other contractual arrangement, or otherwise, is subject to the authority of the National Federation or a member of a National Federation. “Athlete means any coach, trainer, manager, agent, team staff, official, medical, Support paramedical personnel, parent or any Other Person working with, treating or Personnel” assisting an Athlete participating in or preparing for sports Competition. “Atypical means a report from a WADA-accredited laboratory or other WADA- Finding” approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding. "CAS" means the Court of Arbitration for Sport. "Code" means the World Anti-Doping Code as in force from time to time. “Competition” means a single race, match, game or singular sport contest. Page 10
OFFICIAL “Consequences” An Athlete's or Other Person's violation of an anti-doping rule may result in (‘Consequences one or more of the following: of Anti-Doping (a) Disqualification means the Athlete’s results in a particular Rule Competition or Event are invalidated, with all resulting Consequences Violations’) including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or Other Person is barred on account of an anti-doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14 of the Code; (c) Provisional Suspension means the Athlete or Other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8 of the Code; (d) Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recover costs associated with an anti- doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14 of the Code. Teams in Team Sports may also be subject to Consequences as provided in Article 11 of the Code. “Domestic Is the pool of Athletes designated as such by SIA, who are neither in SIA’s Testing Pool” Registered Testing Pool nor SIA’s National Testing Pool and who are subject to Testing both In-Competition and Out-of-Competition as part of SIA’s test distribution plan. "Doping" means the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through to Article 2.10 of the Code. “Doping means all steps and processes from test distribution planning through to Control” ultimate disposition of any appeal and the enforcement of Consequences including all steps and processes in between including but not limited to Testing, investigations, whereabouts, TUEs, sample collection and handling. Laboratory analysis, Results Management and investigations or proceedings relating to violations of Article 10.14 (Status during period of Ineligibility or Provisional Suspension). “Education” The process of learning to instil values and develop behaviour’s that foster and protect the spirit of sport, and to prevent intentional and unintentional doping “International means an Event or Competition where the International Olympic Committee, Event” 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 means an International Federation being an organization controlling a branch Federation” of sport. Page 11
OFFICIAL “International- means Athletes who compete in sport at the international level, as defined Level Athlete” by each International Federation, consistent with the International Standard for Testing and Investigations; “International means a standard adopted by WADA in support of the Code. Compliance Standard” with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical Documents issued pursuant to the International Standard. “Major Event means the continental associations of National Olympic Committees and Organisations” other international multi-sport organisations that function as the ruling body for any continental, regional or other International Event. “National Anti- means the entity(ies) designated by each country as possessing the primary Doping authority and responsibility to adopt and implement anti-doping rules, direct Organisation” the collection of Samples, manage test results, and conduct Results Management 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. In Australia, the National Anti-Doping Organisation is Sport Integrity Australia. “National means a sport Event or Competition involving International- or National-Level Event” Athletes that is not an International Event. "National means a National or regional entity which is a member of or is recognised by Federation" an International Federation as the entity governing the International Federation’s sport in that nation or region. “National-Level means Athletes who compete in sport at the national level, as defined by Athlete” each National Anti-Doping Organization, consistent with the International Standard for Testing and Investigations. “National is the pool of Athletes designated as such by SIA, who are neither in SIA’s Testing Pool” Registered Testing Pool nor SIA’s Domestic Testing Pool and who are subject to testing both In-Competition and Out-of-Competition as part of SIA’s test distribution plan and who may be asked for whereabouts information. “National The Australian tribunal established by the National Sports Tribunal Sports Tribunal Act 2019(Cth). (NST)” “NST Act” The National Sports Tribunal Act 2019(Cth). “VIS Executive” means the Board as appointed by the relevant Minister in accordance with Part 3 of the Institute of Sport Act 1995 (NSW) and the Chief Executive of the Office of Sport or a person employed in the Office of Sport nominated by the Chief Executive “Other Person” A Person who is neither an Athlete nor an Athlete Support Personnel, and who is bound by this Anti-Doping Policy “Person” means a natural Person or an organisation or other entity. “Prohibited means the List identifying the Prohibited Substances and Prohibited Methods. List” Page 12
OFFICIAL “Prohibited means any method so described on the Prohibited List. Method” “Prohibited means any substance, or class of substances, so described on the Prohibited Substance” List. “Registered The pool of highest-priority Athletes established separately at the Testing Pool” international level by International Federations and at the national level by National Anti-Doping Organisations, who are subject to focused In- Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organisation's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.5 of the Code and the International Standard for Testing and Investigations. In Australia, SIA’s Registered Testing Pool is defined as set out in Article 5.5 of this Anti-Doping Policy. “Results The process encompassing the timeframe between notification as per Article Management” 5 of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged). “Sample or means any biological material collected for the purposes of Doping Control. Specimen” “Signatory” An entity signing the Code and agreeing to comply with the Code, as provided in Article 23 of the Code. “Testing” means the parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory. “TUE” allows an Athlete with a medical condition to Use a Prohibited Substance or Prohibited Method but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met. “Use” means the utilisation, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method. “WADA” means the World Anti-Doping Agency. All the words utilised in this Policy shall have the same meaning as that ascribed to them in the Code and the International Standards. The Code and the International Standards shall be considered as part of this Policy, apply automatically and prevail in case of conflict. Words not defined in this Policy have the meaning ascribed to them in the Code and the International Standards unless a contrary meaning appears from the context. Page 13
OFFICIAL In the interpretation of this Policy, should there be any inconsistency or conflict between this Policy and the Code and the International Standards, then the provisions of the Code and the International Standards will prevail. Reference to: a. the singular includes the plural and the plural includes the singular; and b. a Person includes a body corporate. If a Person or National Federation to whom this Policy applies consists of more than one Person, then this Policy binds them jointly and severally. Headings are for convenience only and do not form part of this Policy or affect its interpretation. "Including" and similar words are not words of limitation. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. Page 14
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