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WADA - IOC Anti-Doping Rules - XXIV Olympic Winter Games Beijing 2022

Agencia Mundial Antidopaje

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Título
WADA - IOC Anti-Doping Rules - XXIV Olympic Winter Games Beijing 2022
Autor
Agencia Mundial Antidopaje
Categoría
Infralegal
Área del derecho
Deporte
Año
2022

International Olympic Committee Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 (as of November 2021)

International Olympic Committee Maison Olympique 1007 Lausanne Telephone no: + 41 21 621 61 11

Fax no: + 41 21 621 62 16IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 2 / 49

TABLE OF CONTENTS

INTRODUCTION ......................................................................................................... 3

ARTICLE 1 – DEFINITION OF DOPING ...................................................................... 5

ARTICLE 2 – ANTI-DOPING RULE VIOLATIONS ......................................................... 5

ARTICLE 3 – PROOF OF DOPING ............................................................................... 8

ARTICLE 4 – THE PROHIBITED LIST ....................................................................... 10

ARTICLE 5 – TESTING AND INVESTIGATIONS ........................................................ 13

ARTICLE 6 – ANALYSIS OF SAMPLES ...................................................................... 16

ARTICLE 7 – RESULTS MANAGEMENT , RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS ..................................................... 18

ARTICLE 8 – RESULTS MANAGEMENT: HEARING PROCESS ...................................... 28

ARTICLE 9 – AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ............... 30

ARTICLE 10 – SANCTIONS ON INDIVIDUALS ............................................................ 30

ARTICLE 11 – CONSEQUENCES TO TEAMS ................................................................. 31

ARTICLE 12 – RESULTS MANAGEMENT: APPEALS ...................................................... 32

ARTICLE 13 – CONFIDENTIALITY AND REPORTING .................................................. 35

ARTICLE 14 – DEEMED NOTIFICATIONS ................................................................... 38

ARTICLE 15 – IMPLEMENTATION OF DECISIONS ...................................................... 38

ARTICLE 16 – STATUTE OF LIMITATIONS ................................................................. 40

ARTICLE 17 – AMENDMENT AND INTERPRETATION OF THE RULES ........................... 40

ARTICLE 14 – DEEMED NOTIFICATIONS ................................................................... 38

ARTICLE 15 – IMPLEMENTATION OF DECISIONS ...................................................... 38

ARTICLE 16 – STATUTE OF LIMITATIONS ................................................................. 40

ARTICLE 17 – AMENDMENT AND INTERPRETATION OF THE RULES ........................... 40

APPENDIX 1 – DEFINITIONS .................................................................................... 41IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 3 / 49 INTRODUCTION Preface The International Olympic Committee (IOC) is the supreme authority of the Olympic Movement and, in particular, the Olympic Games. Any Person belonging in any capacity whatsoever to the Olympic Movement is bound by the provisions of the Olympic Charter and is required to abide by the decisions of the IOC.

The Olympic Charter reflects the importance that the IOC places on the fight against doping in sport and its support for the Code as adopted by the IOC.

The IOC, as Signatory to the Code, has established and adopted these Rules in accordance with the Code, expecting that, in the spirit of sport, it will contribute to the fight against doping in the Olympic Movement. The Rules are complemented by other IOC documents and WADA documents including, inter alia, the International Standards. Scope of these Rules These Rules apply in relation to the Olympic Games Beijing 2022. They shall, without limitation, apply to all Anti-Doping Activities and Doping Controls over which the IOC has jurisdiction in relation to the Olympic Games Beijing 2022.

These Rules shall, without limitation, apply to (a) the IOC (including its Executive Board members, directors, officers, employees, the ITA and other Delegated Third Parties and their directors, officers and employees, who are involved in any aspect of Doping Control); (b) all Athletes entered in the Olympic Games Beijing 2022 or who have otherwise been made subject to the authority of the IOC in connection with the Olympic Games Beijing 2022 (see below); (c) all Athlete Support Personnel supporting such

Control); (b) all Athletes entered in the Olympic Games Beijing 2022 or who have otherwise been made subject to the authority of the IOC in connection with the Olympic Games Beijing 2022 (see below); (c) all Athlete Support Personnel supporting such Athletes; (d) other Persons participating in, or accredited to, the Olympic Games Beijing 2022 including, without any limitation, International Federations and NOCs; (e) Beijing 2022 (including its members, directors, officers, employees , who are involved in any aspect of Doping Control); and (f) any Person operating (even if only temporarily) under the authority of the IOC in relation to the Olympic Games Beijing 2022.

Athletes entered in the Olympic Games Beijing 2022 or who have otherwise been made subject to the authority of the IOC in connection with the Olympic Games Beijing 2022 are bound by these Rules as a condition of eligibility to participate in the Olympic Games Beijing 2022. Athletes shall, without limitation, be subject to the authority of the IOC upon being put forward by their NOC as potential participants in the Olympic Games Beijing 2022 in advance of the Period of the Olympic Games Beijing 2022 and shall in particular be considered to be entered into the Olympic Games Beijing 2022 upon being included in the final NOC delegation list.

The Athlete Support Personnel supporting such Athletes and other Persons participating in, or accredited to, the Olympic Games Beijing 2022 are bound by these Rules as a condition of such participation or accreditation.

Persons operating (even if only temporarily) under the authority of the IOC in connection with the Olympic Games Beijing 2022 are bound by these Rules as a condition of their participation or involvement in the Olympic Games Beijing 2022.

Italicized terms in these Anti-Doping Rules are defined terms in Appendix 1.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 4 / 49 Delegation to the ITA The IOC is a Signatory to the Code and these Rules are adopted by the IOC in

Italicized terms in these Anti-Doping Rules are defined terms in Appendix 1.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 4 / 49 Delegation to the ITA The IOC is a Signatory to the Code and these Rules are adopted by the IOC in accordance with the mandatory provisions of the Code.

In accordance with the Code and these Rules, the IOC has agreed to delegate some of its responsibilities related to the implementation of all or part of the Doping Control in relation to the Olympic Games Beijing 2022 to the ITA as further described hereunder, including without limitation, test distribution planning, TUEs and Results Management. The ITA, in turn, may sub-delegate the implementation of Doping Control as appropriate and customary to other Delegated Third Parties (for example to Beijing 2022 or Sample collection agencies). References in these Rules to the ITA shall exceptionally, due to the IOC’s status as a Major Event Organisation and where applicable within the context of the aforementioned delegation, be construed and interpreted as references to the ITA acting on behalf of the IOC.

Notwithstanding the above delegation to the ITA (or other Delegated Third Parties), and in accordance with the Code and the International Standard for Code Compliance by Signatories, the IOC shall, as the Signatory, remain responsible from a Code compliance perspective for all aspects of Doping Control conducted at the Olympic Games Beijing 2022.

Further, and for the avoidance of doubt, while the ITA may act on its behalf, the IOC shall be considered as the party asserting anti-doping rule violations and for the purpose of any actions taken within the Results Management process, including proceedings in front of the hearing body or in any other matter under these Rules where that role would appropriately fall to a Signatory under the Code. Without limitation, this includes the position of applicant, and in the event of appeal, appellant or respondent as the case may be.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 5 / 49

ARTICLE 1 – DEFINITION OF DOPING

the position of applicant, and in the event of appeal, appellant or respondent as the case may be.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 5 / 49

ARTICLE 1 – DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti -doping rule violations set forth in Article 2.1 through Article 2.11 of these Rules.

ARTICLE 2 – ANTI-DOPING RULE VIOLATIONS

The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations.

Athletes and other Persons shall be responsible for knowing (and shall be deemed to know) 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:

2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample

2.1.1 It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies . 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 on the Athlete’s part be demonstrated in order to establish an anti-doping rule violation under Article 2.1.

2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analysed; or, where the Athlete’s B Sample is analysed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample; or where the Athlete’s A or B Sample is split into two

is analysed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample; or where the Athlete’s A or B Sample is split into two parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample.

2.1.3 Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document, the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti-doping rule violation.

2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List, International Standards , or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 6 / 49 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method

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.

2.3 Evading, Refus ing or Failing to Submit to Sample Collection by an Athlete

Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed.

2.3 Evading, Refus ing 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 authorised Person.

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 Personnel

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-ofCompetition unless the Athlete establishes that the Possession is consistent with a TUE granted in accordance with Article 4.4 of the Code or other acceptable justification.

2.6.2 Possession by an Athlete Support Personnel In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Support Personnel 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 Personnel establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 of the Code or other acceptable justification.

2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other PersonIOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 7 / 49

with Article 4.4 of the Code or other acceptable justification.

2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other PersonIOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 7 / 49 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 Athlete 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 antidoping rule violation, Attempted anti-doping rule violation or violation of Article 10.14.1 of the Code by another Person.

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 AntiDoping Organisation in a professional or sport -related capacity with any

Athlete Support Personnel who:

2.10.1.1 If subject to the authority of an Anti-Doping Organisation, is serving a period of Ineligibility; or

2.10.1.2 If not subjec t to the authority of an Anti-Doping Organisation, and where Ineligibility has not been addressed in a Results Management process pursuant to the Code, has 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 years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or

applicable to such Person. The disqualifying status of such Person shall be in force for the longer of six 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 of these Rules, an Anti-Doping Organisation must establish that the Athlete or other Person knew of the Athlete Support Personnel’s disqualifying status.

The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Personnel 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.

If the IOC or ITA becomes aware of an Athlete Support Personnel who meets the criteria described in Article 2.10.1.1, 2.10.1.2 or 2.10.1.3, it shall submit that information to WADA.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 8 / 49 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 Article 2.5 of these Rules:

2.11.1 Any act which threatens or seeks to intimidate another Person with the intent of discouraging the Person from the good-faith reporting of information that relates to an alleged anti-doping rule violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organisation, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organisation.

2.11.2 Retaliation against a Person who, in good faith, has provided evidence or

the Code to WADA, an Anti-Doping Organisation, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organisation.

2.11.2 Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged anti -doping rule violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organisation, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organisation.

For purposes of Article 2.11 of these Rules, retaliation, threatening and intimidation include an act taken against such Person either because the act lacks a good faith basis or is a disproportionate response.

ARTICLE 3 – PROOF OF DOPING

3.1 Burdens and Standards of Proof

The IOC (or the ITA acting before the hearing panel on behalf of the IOC as set forth in Article 8.1.1 of these Rules) shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether the IOC 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 probabilities 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, except as provided in Articles 3.2.2 and 3.2.3 of these Rules, the standard of proof shall be by a balance of probabilities.

3.2 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

balance of probabilities.

3.2 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:IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 9 / 49 3.2.1 Analytical methods and Decision Limits approved by WADA after consultation within the relevant scientific community, or which have been the subject of peer review, are presumed to be scientifically valid. Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met or to rebut this presumption of scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. The CAS (including CAS Anti-Doping Division), the initial hearing body or appellate body on its own initiative may also inform WADA of any such challenge. Within 10 days of WADA’s receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear amicus curiae or otherwise provide evidence in such proceeding. In cases before the CAS Anti-Doping Division, at WADA’s request, the CAS Anti-Doping Division panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge.

3.2.2 WADA-accredited laboratories, and other laboratories approved by WADA, 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 for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person rebuts the preceding presumption by showing that a depa rture from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

Person rebuts the preceding presumption by showing that a depa rture from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding , then the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

3.2.3 Departures from any other applicable International Standard or other antidoping rule or policy set forth in these Rules shall not invalidate analytical results or other evidence of an anti-doping rule violation , and shall not constitute a defence to an anti-doping rule violation, provided, however, i f the Athlete or other Person establishes that a departure from one of the specific International Standard provisions listed below could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding or whereabouts failure, then the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or whereabouts failure:

3.2.3.1 a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding, in which case the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding;

3.2.3.2 a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to Adverse Passport Finding which could reasonably have caused an anti -doping rule violation, in which case the IOC shall have the burden to establish that such departure did not cause the anti-doping rule violation;IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 10 / 49 3.2.3.3 a departure from the International Standard for Results Management related to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding, in which case the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding;

to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an anti -doping rule violation based on an Adverse Analytical Finding, in which case the IOC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding;

3.2.3.4 a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an anti -doping rule violation based on a whereabouts failure, in which case the IOC shall have the burden to establish that such departure did not cause the whereabouts failure.

3.2.4 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.

3.2.5 The hearing panel in a hearing on an anti-doping rule violation (including for the avoidance of doubt, the CAS Anti-Doping Division) 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 Athlete’s or other Person’s 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 hearing panel) and to answer questions from the hearing panel and the ITA.

ARTICLE 4 – THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code. The NOCs shall be responsible for ensuring that their delegations, including their Athletes, are made aware of such Prohibited List. Notwithstanding the foregoing, ignorance of the Prohibited List shall not constitu te an excuse for any Participant or other Person participating in, or accredited to, the Olympic Games Beijing 2022.

for ensuring that their delegations, including their Athletes, are made aware of such Prohibited List. Notwithstanding the foregoing, ignorance of the Prohibited List shall not constitu te an excuse for any Participant or other Person participating in, or accredited to, the Olympic Games Beijing 2022.

4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2.1 Prohibited Substances and Prohibited Methods

Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Rules three months after publication by WADA, without requiring any further action by the IOC.

4.2.2 All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without further formality. It is the responsibility of all Athletes and other Persons to familiarise themselves with the most up -to-date version of the Prohibited List and all revisions thereto.IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 11 / 49 4.2.3 Specified Substances or Specified Methods

All Prohibited Substances shall be Specified Substances except as identified on the Prohibited List . No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.

4.2.4 Substances of Abuse

For purposes of applying Article 10 of these Rules, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.

4.3 WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as

4.3 WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person, including, but not limited to, any challenge 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.

4.4 Therapeutic Use Exemptions

4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use , Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.

4.4.2 The ITA shall appoint the members of the TUEC which shall be composed of specialists in accordance with the International Standard for Therapeutic Use Exemptions. Each TUE application shall be assessed by three members of the TUEC.

4.4.2.1 The TUEC shall promptly evaluate applications for a TUE and render a decision as quickly as possible, which decision shall be reported via ADAMS

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