•Article 3.2, unlike the proof required to establish an anti -doping rule
•violation under Article 2.1, Use or Attempted Use may also be
•established by other reliable means such as admissions by the Athlete,
•8
•witness statements, documentary evidence, conclusions drawn from
•longitudinal profiling, including data collected as part of the Athlete
•Biological Passport, or other analytical information which does not
•otherwise satisfy all the requirements to establish “Presence” of a
•Prohibited Substance under Article 2.1. Fo r example, Use may be
•established based upon reliable analytical data from the analysis of an
•A Sample (without confirmation from an analysis of a B Sample) or
•from the analysis of a B Sample alone where the Anti -Doping
•Organization provides a satisfactory explanation for the lack of
•confirmation in the other Sample.]
2.2.1 It is the Athletes’ personal duty to ensure that no Prohibited
•Substance enters their bodies and that no Prohibited Method is
Used.Accordingly, it is not necessary that intent, Fault,
•Negligence or knowing Use on the Athlete’s part be demonstrated
•in order to establish an anti -doping rule violation for Use of a
•Prohibited Substance or a Prohibited Method.
2.2.2 The success or failure of the Use or Attempted Use of a
•Prohibited Substance or Prohibited Method is not material. It is
•sufficient that the Prohibited Substance or Prohibited Method was
•Used or Attempted to be Used for an anti-doping rule violation to
•be committed.10
•10 [Comment to Article 2.2.2: Demonstrating the “Attempted Use”
•of a Prohibited Substance or a Prohibited Method requires proof of
•intent on the Athlete’s part. The fact that intent may be required to
•prove this particular anti-doping rule violation does not undermine
•the Strict Liability principle established for violations of Article 2.1
•and violations of Article 2.2 in respect of Use of a Prohibited
•Substance or Prohibited Method. An Athlete’s Use of a Prohibited
•Substance constitutes an anti -doping rule vio lation unless such
•Substance is not prohibited Out -of-Competition and the Athlete’s
•Use takes place Out-of-Competition. (However, the presence of a
•Prohibited Substance or its Metabolites or Markers in a Sample
•collected In-Competition is a violation of Article 2.1 regardless of
•when that Substance might have been administered.)]
2.3 Evading, Refusing or Failing to Submit to Sample Collection by an
•Athlete
•Evading Sample collection; or refusing or failing to submit to Sample
•collection without compelling justification after notification by a duly
•authorized Person. 11
•11 [Comment to Article 2.3: For example, it would be an anti -doping
•rule violation of “evading Sample collection” if it were established that
•an Athlete was deliberately avoiding a Doping Control official to evade
•notification or Testing. A violation of “failing to submit to Sample
•collection” may be based on either intentional or negligent conduct of
•the Athlete, while “evading” or “refusing” Sample collection
•contemplates intentional conduct by the Athlete.]
2.4 Whereabouts Failures by an Athlete
•Any combination of three missed tests and/or filing failures, as defined
•in the International Standard for Results Management, within a
•twelve-month period by an Athlete in a Registered Testing Pool.
2.5 Tampering or Attempted Tampering with any Part of Doping Control
•by an Athlete or Other Person
2.6 Possession of a Prohibited Substance or a Prohibited Method by an
•Athlete or Athlete Support Person
•5
•10
•15
•20
•25
•30
•35
•40
•45
•50
•9
•5
•10
•15
•20
•25
•30
•35
•40
•45
•50
2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance
•or any Prohibited Method, or Possession by an Athlete
•Out-of-Competition of any Prohibited Substance or any Prohibited
•Method which is prohibited Out-of-Competition unless the Athlete
•establishes that the Possession is consistent with a Therapeutic Use
•Exemption (“TUE”) granted in accordance with Article 4.4 or other
•acceptable justification.12
•12 [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification
•would not inc lude, for example, buying or Possessing a
•Prohibited Substance for purposes of giving it to a friend or
•relative, except under justifiable medical circumstances where
•that Person had a physician’s prescription, e.g., buying Insulin
•for a diabetic child.]
2.6.2 Possession by an Athlete Support Person In -Competition of any
•Prohibited Substance or any Prohibited Method, or Possession by
•an Athlete Support Person Out -of-Competition of any Prohibited
•Substance or any Prohibited Method which is prohibited
•Out-of-Competition in connection with an Athlete, Competition
•or training, unless the Athlete Support Person establishes that the
•Possession is consistent with a TUE granted to an Athlete in
•accordance with Article 4.4 or other acceptable justification.13
•13[Comment to Articles 2.6.1 and 2.6.2: Acceptable justification
•may include, for example, (a) an Athlete or a team doctor
•carrying Prohibited Substances or Prohibited Methods for
•dealing with acute and emergency situations (e.g., an epinephrine
•auto-injector), or (b) an Athlete Possessing a Prohibited
•Substance or Prohibited Method for therapeutic reasons shortly
•prior to applying for and receiving a determination on a TUE.]
2.7 Trafficking or Attempted Trafficking in any Prohibited Substance
•or Prohibited Method by an Athlete or Other Person
2.8 Administration or Attempted Administration by an Athlete or
•Other Person to any Athlete In -Competition of any Prohibited
•Substance or Prohibited Method, or Administration or Attempted
•Administration to any Athlet e Out -of-Competition of any
•Prohibited Substance or any Prohibited Method that is Prohibited
•Out-of-Competition
2.9 Complicity or Attempted Complicity by an Athlete or Other Person
•Assisting, encouraging, aiding, abetting, conspiring, covering up or any
•other type of intentional complicity or Attempted complicity involving
•an anti -doping rule violation, Attempted anti -doping rule violation or
•violation of Article10.14.1 by another Person.14
•14 [Comment to Article 2.9: Complicity or Attempted Complicity ma y
•include either physical or psychological assistance.]
2.10 Prohibited Association by an Athlete or Other Person
2.10.1 Association by an Athlete or other Person subject to the
•authority of an Anti -Doping Organization in a professional or
•sport-related capacity with any Athlete Support Person who:
2.10.1.1 If subject to the authority of an Anti -Doping
•Organization, is serving a period of Ineligibility; or
2.10.1.2 If not subject to the authority of an Anti -Doping
•Organization, and where Ineligibility has not been addressed
•in a Results Management process pursuant to the Code, has
•10
•been convicted or found in a criminal, disciplinary or
•professional proceeding to have engaged in conduct
•which would have constituted a violation of anti -doping
•rules if Code-compliant rules had been applicable to such
Person.The disqualifying status of such Person shall be in
•force for the longer of six (6) years from the criminal,
•professional or disciplinary decision or the duration of the
•criminal, disciplinary or professional sanction imposed; or
2.10.1.3 Is serving as a front or intermediary for an individual
•described in Article 2.10.1.1 or 2.10.1.2.
2.10.2 To establish a violation of Article 2.10, an Anti -Doping
•Organization must establish that the Athlete or other Person
•knew of the Athlete Support Person’s disqualifying status.
•The burden shall be on the Athlete or other Person to establish
•that any association with an Athlete Support Person described
•in Article 2.10.1.1 or 2.10.1.2 is not in a professional or
•sport-related capacity and/or that such association could not
•have been reasonably avoided.
•Anti-Doping Organizations that are aware of Athlete Support
•Personnel who meet the criteria described in Article 2.10.1.1,
2.10.1.2, or 2.10.1.3 shall submit that information to WADA. 15
•15 [Comment to Article 2.10: Athletes and other Persons must
•not work with coaches, trainers, physicians or ot her Athlete
•Support Personnel who are Ineligible on account of an
•anti-doping rule violation or who have been criminally convicted
•or professionally disciplined in relation to doping. This also
•prohibits association with any other Athlete who is acting as a
•coach or Athlete Support Person while serving a period of
Ineligibility.Some examples of the types of association which are
•prohibited include: obtaining training, strategy, technique,
•nutrition or medical advice; obtaining ther apy, treatment or
•prescriptions; providing any bodily products for analysis; or
•allowing the Athlete Support Person to serve as an agent or
representative.Prohibited association need not involve any form
•of compensation.
•While Article 2.10 does not requi re the Anti -Doping
•Organization to notify the Athlete or other Person about the
•Athlete Support Person’s disqualifying status, such notice, if
•provided, would be important evidence to establish that the
•Athlete or other Person knew about the disqualifying status of
•the Athlete Support Person.].
2.11 Acts by an Athlete or Other Person to Discourage or Retaliate
•Against Reporting to Authorities
•Where such conduct does not otherwise constitute a violation of
