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ITTF
Handbook 2009
/ 2010 |
| Index |
Description |
| 5 |
ITTF ANTI-DOPING RULES |
| 5.00 |
At the ITTF Board of Directors meeting held on 23 May 2003 in Paris, ITTF accepted the World Anti-Doping Code (the "Code"). These Anti-Doping Rules are adopted and implemented in conformance with ITTF's responsibilities under the Code, and are in furtherance of ITTF's continuing efforts to eradicate doping in table tennis. These rules apply from 8
March 2004 on.
Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played. Athletes accept these rules as a
condition of participation. Anti-Doping Rules are not intended to be subject to or limited by the requirements and legal standards applicable to criminal
proceedings or employment matters. The policies and minimum standards set forth in the Code and implemented in these Anti-Doping Rules represent the
consensus of a broad spectrum of stakeholders with an interest in fair sport and should be respected by all courts and adjudicating bodies.
Scope
These Anti-Doping Rules shall apply to ITTF, each National Association of ITTF, and each Participant in the activities of ITTF or any of its National Associations by virtue of the Participant's membership, accreditation, or participation in ITTF, its National Associations, or their activities or Events.
These Anti-Doping Rules shall apply to all Doping Controls over which ITTF and its National Associations have jurisdiction. |
| 5.01 |
DEFINITION OF DOPING |
| 5.01.00 |
Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 5.2.1 through Article 5.2.8 of these Anti-Doping Rules. |
| 5.02 |
ANTI-DOPING RULE VIOLATIONS |
| 5.02.00 |
Athletes and other Persons shall be responsible for konwing what constitutes an anti-doping rule violation and the substances and methods which have been included on the Prohibited List.
The following constitute anti-doping rule violations: |
| 5.02.01 |
The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete's Sample |
| 5.02.01.01 |
It is each Athlete'sProhibited Substanceenters his or her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary that intent, fault, negligence or knowing Use,/i> on the Athlete's
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| 5.02.01.02 |
Sufficient proof of an anti-doping rule violation under Article 5.2.1 is established by either of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athletefs A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athletefs B Sample is analyzed and the analysis of the Athletefs B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athletefs A Sample. |
| 5.02.01.03 |
Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athletefs Sample shall constitute an anti-doping rule violation. |
| 5.02.01.04 |
As an exception to the general rule of Article 5.2.1, the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously. |
| 5.02.02 |
Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method |
| 5.02.02.01 |
It is each Athlete'spersonal duty to ensure that no Prohibited Substance enters his or her body. 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. |
| 5.02.02.02 |
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. |
| 5.02.02.03 |
Sample collection after notification as authorised in these Anti-Doping Rules, or otherwise evading Sample collection. |
| 5.02.03 |
Refusing, or failing without compelling justification, to submit to Sample collection after notification as authorized in these Anti-Doping Rules or otherwise evading Sample collection. |
| 5.02.04 |
Violation of applicable requirements regarding Athlete availability for Out-of-Competition Testing set out in the International Standard for Testing, including failure to file whereabouts information in accordance with Article 11.3 of the International Standard for Testing (a gFiling Failureh) and failure to be available for Testing at the declared whereabouts in accordance with Article 11.4 of the International Standard for Testing (a gMissed Test"). Any combination of three Missed Tests and/or Filing Failures committed within an eighteen-month period, as declared by the ITTF or any other Anti-Doping Organization with jurisdiction over an Athlete, shall constitute an anti-doping rule violation. |
| 5.02.05 |
Tampering, or Attempted Tampering with any part of Doping Control. |
| 5.02.06 |
Possession of Prohibited Substances and Methods |
| 5.02.06.01 |
Possession by an Athlete In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by an Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited in Out-of-Competition Testing unless the Athlete establishes that the Possession is pursuant to a therapeutic use exemption (gTUEh) granted in accordance with Article 5.4.4 (Therapeutic Use) or other acceptable justification. |
| 5.02.06.02 |
Possession by Athlete Support Personnel In-Competition of any Prohibited Method or any Prohibited Substance, or Possession by Athlete Support Personnel Out-of-Competition of any Prohibited Method or any Prohibited Substance which is prohibited Out-of-Competition, in connection with an Athlete, Competition or training, unless the Athlete Support Personnel establishes that the Possession is pursuant to a TUE granted to an Athlete in accordance with Article 5.4.4 (Therapeutic Use) or other acceptable justification. |
| 5.02.07 |
Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method.. |
| 5.02.08 |
Administration or Attempted administration to any Athlete In-Competition of any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted anti-doping rule violation. |
| 5.03 |
PROOF OF DOPING |
| 5.03.01 |
Burdens and Standards of Proof
The ITTF and its National Associations shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether the ITTF or its National Association has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Articles 5.10.4 and 5.10.6, where the Athlete must satisfy a higher burden of proof. |
| 5.03.02 |
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: |
| 5.03.02.01 |
WADA-accredited laboratories are presumed to have conducted Sample- analysis and custodial procedures in accordance with the International Standard- for Laboratories. The Athlete- or other Person- may rebut this presumption by establishing that a departure from the International Standard- occurred which could reasonably have caused the Adverse Analytical Finding-.
If the Athlete- or other Person- rebuts the preceding presumption by showing that a departure from the International Standard- occurred which could reasonably have caused the Adverse Analytical Finding-, then the ITTF or its National Association- shall have the burden to establish that such departure did not cause the Adverse Analytical Findin-g.
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| 5.03.02.02 |
Departures from any other International Standard or other anti-doping rule or policy which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the Athlete or other Person establishes that a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused the Adverse Analytical Finding or other anti-doping rule violation occurred, then the ITTF or its National Association shall have the burden to establish that such a departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation. |
| 5.03.02.03 |
The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice. |
| 5.03.02.04 |
The hearing panel in a hearing on an anti-doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athletefs or other Personfs refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the tribunal) and to answer questions either from the hearing panel or from the Anti-Doping Organization asserting the anti-doping rule violation. |
| 5.04 |
THE PROHIBITED LIST |
| 5.04.01 |
Incorporation of the Prohibited List
These Anti-Doping Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code. ITTF will make the current Prohibited List available to each National Association, and each National Association shall ensure that the current Prohibited List is available to its members and constituents.
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| 5.04.02 |
Prohibited Substances and Prohibited Methods Identified on the Prohibited List |
| 5.04.02.01 |
Prohibited Substances and Prohibited Methods Identified on the Prohibited List
Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules three months after publication of the Prohibited List by WADA without requiring any further action by ITTF. As described in Article 4.2 of the Code, ITTF may request that WADA expand the Prohibited List. As provided in the Code, WADA shall make the final decision on such requests by ITTF. |
| 5.04.02.02 |
Specified Substances
For purposes of the application of Article 5.10 (Sanctions on Individuals), all Prohibited Substances shall be gSpecified Substancesh except (a) substances in the classes of anabolic agents and hormones; and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be Specified Substances.
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| 5.04.02.03 |
New Classes of Prohibited Substances
In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances in accordance with Article 4.1 of the Code, WADAfs Executive Committee shall determine whether any or all Prohibited Substances within the new class of Prohibited Substances shall be considered Specified Substances under Article 5.4.2.2.
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| 5.04.03 |
Criteria for Including Substances and Methods on the Prohibited List
As provided in Article 4.3.3 of the Code, WADAfs determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List and the classification of substances into categories on theProhibited List is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport. |
| 5.04.04 |
Therapeutic Use |
| 5.04.04.01 |
Athletes with a documented medical condition requiring the use of a Prohibited Substance or a Prohibited Method must first obtain a TUE. The presence of a Prohibited Substance or its Metabolites or Markers (Article 5.2.1), Use or Attempted Use of a Prohibited Substance or a Prohibited Method (Article 5.2.2), Possession of Prohibited Substances or Prohibited Methods (Article 5.2.6) or administration of a Prohibited Substance or Prohibited Method (Article 5.2.8) consistent with the provisions of an applicable TUE issued pursuant to the International Standard for Therapeutic Use Exemptions shall not be considered an anti-doping rule violation. |
| 5.04.04.02 |
Subject to Article 5.4.4.3, Athletes included by the ITTF in its Registered Testing Pool and other Athletes participating in any International Event must obtain a TUE from the ITTF (regardless of whether the Athlete previously has received a TUE at the national level). The application for a TUE must be made as soon as possible (in the case of an Athlete in the Registered Testing Pool, this would be when he/she is first notified of his/her inclusion in the pool) and in any event (save in emergency situations) no later than 21 days before the Athletefs participation in the Event. |
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