|
ITTF
Handbook 2009
/ 2010 |
| Index |
Description |
| 5.07 |
RESULTS MANAGEMENT |
| 5.07.01 |
Results Management for Tests Initiated by ITTF
Results management for Tests initiated by ITTF (including Tests performed by WADA pursuant to agreement with ITTF) shall proceed as set forth below: |
| 5.07.01.01 |
The results from all analyses must be sent to ITTF in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in confidentiality and in conformity with ADAMS, a database management tool developed by WADA. ADAMS is consistent with data privacy statutes and norms applicable to WADA and other organizations using it. |
| 5.07.01.02 |
Upon receipt of an A Sample Adverse Analytical Finding, the ITTF Anti-Doping Administrator shall conduct a review to determine whether: (a) the Adverse Analytical Finding is consistent with an applicable TUE, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding. |
| 5.07.01.03 |
In the following circumstances:
(a) The Adverse Analytical Finding is for a Glucocorticosteroid, formoterol, salbutamol, salmeterol or terbutaline; and
(b) The Sample in question was provided by an Athlete who is not in the ITTFfs Registered Testing Pool, during his/her participation in an International Event for which (in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions and Article 5.4.4.3 of these Anti-Doping Rules) the ITTF does not require a TUE for asthma medication in advance;
then, before the matter is referred to the ITTF Independent Review Panel under Article 5.7.1, the Athlete shall be given an opportunity to apply to the TUE Committee for a Retroactive TUE in accordance with Article 7.13 of the International Standard for Therapeutic Use Exemptions. The result of that application shall be forwarded to the ITTF Independent Review Panel for consideration in its review of the Adverse Analytical Finding under Article 5.7.1.2.
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| 5.07.01.04 |
If the initial review of an Adverse Analytical Finding under Article 5.7.1.2 does not reveal an applicable TUE, or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, the ITTF shall promptly notify the Athlete of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete's right to promptly request the analysis of the B ƒi„Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories) if the Athlete or the ITTF chooses to request an analysis of the B Sample; (e) the opportunity for the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis at the scheduled date, time and place if such analysis is requested; and (f) the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories. The ITTF shall also notify the Athletefs National Anti-Doping Organization and WADA. If the ITTF decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, the Athletefs National Anti-Doping Organization and WADA. |
| 5.07.01.05 |
Where requested by the Athlete or the ITTF, arrangements shall be made for Testing the B Sample within the time period specified in the International Standard for Testing. An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis. The ITTF may nonetheless elect to proceed with the B Sampleanalysis. |
| 5.07.01.06 |
The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample within the time period specified in the International Standard for Laboratories. Also a representative of the Athlete's National Association as well as a representative of the ITTF shall be allowed to be present. |
| 5.07.01.07 |
If the B Sample proves negative, then (unless the ITTF takes the case forward as an anti-doping rule violation under Article 5.2.2) the entire test shall be considered negative and the Athlete, his National Association, and the ITTF shall be so informed. |
| 5.07.01.08 |
If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his National Association, to the ITTF, and to WADA. |
| 5.07.01.09 |
For apparent anti-doping rule violations that do not involve Adverse Analytical Findings, the ITTF shall conduct any necessary follow-up investigation and, at such time as it is satisfied that an anti-doping rule violation has occurred, it shall then promptly notify the Athlete of the anti-doping rule which appears to have been violated, and the basis of the violation. |
| 5.07.02 |
Results Management for Atypical Findings |
| 5.07.02.01 |
As provided in the International Standards, in certain circumstances laboratories are directed to report the presence of Prohibited Substances that may also be produced endogenously as Atypical Findings that should be investigated further. |
| 5.07.02.02 |
If a laboratory reports an Atypical Finding in respect of a Sample collected from an Athlete by or on behalf of the ITTF, the ITTF Anti-Doping Administrator shall conduct a review to determine whether: (a) the Atypical Finding is consistent with an applicable TUE that has been granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Analytical Finding. |
| 5.07.02.03 |
If the initial review of an Atypical Finding under Article 5.7.2.2 reveals an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, his National Association, and the ITTF shall be so informed. |
| 5.07.02.04 |
If the initial review of an Atypical Finding under Article 5.7.2.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the ITTF shall conduct the follow-up investigation required by the International Standards. If, once that investigation is completed, it is concluded that the Atypical Finding should be considered an Adverse Analytical Finding, the ITTF shall pursue the matter in accordance with Article 5.7.1.3. |
| 5.07.02.05 |
TTF will not provide notice of an Atypical Finding until it has completed its investigation and has decided whether it will bring the Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists:
(a) If the ITTF determines the B Sample should be analyzed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 5.7.1.3(c) to (f).
(b) If the ITTF receives a request, either from a Major Event Organization shortly before one of its International Events or from a sports organization responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided but the Major Event Organization or sports organization has a pending Atypical Finding, the ITTF shall so identify any such Athlete after first providing notice of the Atypical Finding to the Athlete.
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| 5.07.03 |
Results Management for Tests Initiated During Other International Events
Results management and the conduct of hearings from a test by the International Olympic Committee, the International Paralympic Committee, or a Major Event Organization, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by the ITTF.
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| 5.07.04 |
Results Management for Tests initiated by National Associations
Results management conducted by National Associations shall be consistent with the general principles for effective and fair results management which ¬underlie the detailed provisions set forth in Article 5.7. Results of all Doping Controls shall be reported to the ITTF and to WADA within 14 days of the conclusion of the National Association's results management process. Any apparent anti-doping rule violation by an Athlete who is a member of that National Association shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Association or national law. Apparent anti-doping rule violations by Athletes who are members of another National Association shall be referred to the Athlete's National Association for hearing.
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| 5.07.05 |
Results Management for Whereabouts Violations |
| 5.07.05.01 |
Results management in respect of an apparent Filing Failure by an Athlete in the ITTFfs Registered Testing Pool shall be conducted by the ITTF in accordance with Article 11.6.2 of the International Standard for Testing (unless it has been agreed in accordance with Article 5.5.5.4 that the National Association or National Anti-Doping Organization shall take such responsibility). |
| 5.07.05.02 |
Results management in respect of an apparent Missed Test by an Athlete in the ITTFfs Registered Testing Pool as a result of an attempt to test the Athlete by or on behalf of the ITTF shall be conducted by the ITTF in accordance with Article 11.6.3 of the International Standard for Testing. Results management in respect of an apparent Missed Test by such Athlete as a result of an attempt to test the Athlete by or on behalf of another Anti-Doping Organization shall be conducted by that other Anti-Doping Organization in accordance with Article 11.7.6(c) of the International Standard for Testing. |
| 5.07.05.03 |
Where, in any eighteen-month period, an Athlete in the ITTFfs Registered Testing Pool is declared to have three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, whether under these Anti-Doping Rules or under the rules of any other Anti-Doping Organization, the ITTF shall bring them forward as an apparent anti-doping rule violation. |
| 5.07.06 |
Provisional Suspensions |
| 5.07.06.01 |
If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 5.7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, the ITTF shall Provisionally Suspend the Athlete pending the hearing panelfs determination of whether he/she has committed an anti-doping rule violation |
| 5.07.06.02 |
In any case not covered by Article 5.7.6.1 where the ITTF decides to take the matter forward as an apparent anti-doping rule violation in accordance with the foregoing provisions of this Article 5.7, the ITTF Executive Committee, after consultation with the ITTF Anti-Doping Administrator, may Provisionally Suspend the Athlete/ pending the hearing panelfs determination of whether he/she has committed an anti-doping rule violation. |
| 5.07.06.03 |
Where a Provisional Suspension is imposed, whether pursuant to Article 5.7.6.1 or Article 5.7.6.2, the Athlete shall be given either (a) an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 5.8 (Right to a Fair Hearing) on a timely basis after imposition of a Provisional Suspension. National Associations shall impose Provisional Suspensions in accordance with the principles set forth in this Article 5.7.6. |
| 5.07.06.04 |
If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and any subsequent analysis of the B Sample analysis does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1 of the Code (Presence of a Prohibited Substance or its Metabolites or Markers). In circumstances where the Athlete (or the Athlete's team as provided in the rules of the ITTF) has been removed from a Competition based on a violation of Article 5.2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without otherwise affecting the Competition, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Competition. |
| 5.07.07 |
Retirement from Sport
If an Athlete or other Person retires while a results management process is underway, the ITTF retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and the ITTF would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, the ITTF has jurisdiction to conduct results management. |