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Page Topics
AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
SANCTIONS ON INDIVIDUALS
Elimination or Reduction of Period of Ineligibility Based on Exceptional
Circumstances
Rules for Certain Potential Multiple
Violations
CONSEQUENCES TO TEAMS
SANCTIONS AND COSTS ASSESSED AGAINST THE BSF
An anti-doping rule violation concerning an In-Competition test automatically leads to Disqualification
of the individual result obtained in that Event with all resulting consequences, including forfeiture of any medals, points and prizes.
An anti-doping rule violation occurring during or concerning a Competition may lead to Disqualification of all of the Competitor's individual
results obtained in that Competition with all consequences, including forfeiture of all medals, points and prizes, except as provided in Paragraph
12.1.1 below [see DC 10.1.1].
If the Competitor establishes that he or she bears No Fault or Negligence for the violation, the Competitor's individual results in the other Events
will not be Disqualified unless the Competitor's anti-doping rule violation affected the results in Events other than the Event in
which the anti-doping rule violation occurred.
Except for several specifically identified substances [see DC 10.3 or Paragraph 12.3 below], the period of Ineligibility imposed for a violation involving the
presence of Prohibited Substance or its Metabolites or Markers [see DC2.1 or Paragraph 2.1 above ], the Use or Attempted Use of a
Prohibited Substance or Prohibited Method [see DC 2.2 or Paragraph 2.2 above] and Possession of Prohibited Substances and Methods [see DC 2.6 or Paragraph 2.6 above] are:
First violation — Two (2) years' Ineligibility.
Second violation — Lifetime Ineligibility.
However, before FINA, the BSF or the BOA imposes a period of Ineligibility, the BSF Competitor or other Person will have the opportunity to
establish the basis for eliminating or reducing the sanction [see DC 10.5 or Paragraph 12.5 below].
The Prohibited List identifies specified substances that are particularly susceptible to unintentional anti-doping rules violations because of their
general availability in medicinal products or because successful abuse as doping agents is less likely. Where a Competitor can establish that he or she
did not intend to Use such specified substance to enhance sport performance, FINA, the BSF or the BOA can replace the stipulated period of
Ineligibility [see DC 10.2 or Paragraph 12.2 above] with the following:
First violation — At a minimum, a warning a reprimand and no period of Ineligibility from future Competitions, and at a maximum, one (1) year's Ineligibility.
Second violation — Two (2) years' Ineligibility.
Third violation — Lifetime Ineligibility.
However, before FINA, the BSF or the BOA imposes a period of Ineligibility, the Competitor
or other Person will have the opportunity to establish the basis for eliminating or reducing [for a second or third violation] the sanction [see DC
10.5 or Paragraph 12.5 below].
The period of Ineligibility for other anti-doping rule violations will be:
For violations involving refusing or failing to submit to Sample collection [see DC 2.3 or Paragraph 2.3 above] or Tampering with Doping Control
[see DC 2.5 or Paragraph 2.5 above], the Ineligibility periods in Paragraph 12.2 above apply [see DC 10.2].
For violations involving Trafficking [see DC 2.7 or Paragraph 2.7 above] or administration of a Prohibited Substance or Prohibited Method [see
DC 2.8 or Paragraph 2.8 above], the period of Ineligibility imposed is a minimum of four (4) years up to lifetime Ineligibility. An anti-doping
rule violation involving a Minor is considered a particularly serious violation, and, if committed by Competitor Support Personnel for
violations other than the specified substances mentioned in Paragraph 12.3 above [see DC 10.3], will result in lifetime Ineligibility for such Competitor
Support Personnel. In addition, the Minor, the BSF or the BOA may report violations of these Rules, which also violate non-sporting laws and
regulations, to the competent administrative, professional or judicial authorities.
For violations involving whereabouts violations or missed tests [see of DC 2.4 or Paragraph 2.4 above], the period of Ineligibility for the first violation
is up to 2 years. Subsequent violations will result in a period of Ineligibility of at least 2 years.
If a BSF Competitor, in an individual case involving an anti-doping rule violation for the presence of Prohibited Substance or its Metabolites
or Markers [see under DC 2.1 or Paragraph 2.1 above] or Use of a Prohibited Substance or Prohibited Method [see DC 2.2 or Paragraph 2.2 above],
proves that he or she bears No Fault or Negligence for the violation, the hearing panel will eliminate the otherwise applicable period of Ineligibility.
When a laboratory detects a Prohibited Substance or its Markers or Metabolites in a BSF Competitor's Specimen [see DC 2.1 or
Paragraph 2.1 above — presence of a Prohibited Substance], the Competitor must also establish how the Prohibited Substance entered his or her
system to have the period of Ineligibility eliminated. If the hearing panel applies this Paragraph [see DC 10.5.1] and eliminates the otherwise
applicable period of Ineligibility, the anti-doping rule violation is not considered a violation for the limited purpose of determining the period of Ineligibility
for multiple violations [see DC 10.2, DC 10.3 and DC 10.6 or Paragraphs 12.2 and 12.3 above and Paragraph 12.6 below].
If a BSF Competitor, in an individual case for anti-doping rule violations involving only the presence of Prohibited Substance or its Metabolites
or Markers [see DC 2.1 or Paragraph 2.1 above]; Use of a Prohibited Substance or Prohibited Method [see DC 2.2 or Paragraph 2.2 above];
failing to submit to Sample collection [see DC 2.3 or Paragraph 2.3 above]; or administration of a Prohibited Substance or Prohibited
Method [see DC 2.8 or Paragraph 2.8 above], proves that he or she bears No Significant Fault or Negligence, the hearing panel may reduce the period of Ineligibility,
but the reduced period of Ineligibility may not be less than one-half of the minimum period of Ineligibility otherwise applicable. If the
otherwise applicable period of Ineligibility is a lifetime, the reduced period may be no less than 8 years. If a laboratory detects a Prohibited
Substance or its Markers or Metabolites in a Competitor's Specimen [see DC 2.1 or Paragraph 2.1 above — presence of a Prohibited
Substance], the Competitor must also establish how the Prohibited Substance entered his or her system to have the period of Ineligibility
reduced.
The FINA Executive may also reduce the period of Ineligibility in an individual case where the Competitor has provided substantial assistance
to FINA that results in FINA discovering or establishing an anti-doping rule violation by another Person involving Possession [see DC 2.6.2 or
Paragraph 2.4 above — Possession by Competitor Support Personnel; see DC 2.7 or Paragraph 2.1.7 above — Trafficking; or see DC 2.8 or
Paragraph 2.1.8 above — administration to a Competitor]. However, the reduced period of Ineligibility may not be less than one-half of the
minimum period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period
under this Paragraph may be no less than 8 years [see DC 10.5.3].
For purposes of imposing sanctions under Paragraphs 12.2, 12.3 and 12.4 above [see DC 10.2, DC 10.3 and DC 10.4], a second anti-doping rule violation may be
considered for purposes of imposing sanctions only if FINA can establish that a BSF Competitor or other Person committed the second anti-doping
rule violation after that Competitor or other Person received notice, or after FINA attempted to give notice, of the first anti-doping rule
violation. If FINA cannot establish this, the violations will be considered as one single first violation, and the sanction imposed will be based on the
violation that carries the more severe sanction.
Where a BSF Competitor, based on the same Doping Control, is found to have committed an anti-doping rule violation involving both a specified
substance [see DC 10.3 or Paragraph 12.3 above] and another Prohibited Substance or Prohibited Method, the Competitor will be
considered to have committed a single anti-doping rule violation, but the sanction imposed will be based on the Prohibited Substance or Prohibited
Method that carries the most severe sanction.
Where a BSF Competitor is found to have committed two separate anti-doping rule violations, one involving a specified substance governed by the sanctions for
specified substances [see DC 10.3 or Paragraph 12.3 above] and the other involving a Prohibited Substance or Prohibited Method governed by
the sanctions in Paragraph 12.2 above [see DC 10.2] or a violation governed by the sanctions in Paragraph 12.4.1 above [see DC 10.4.1], the period of Ineligibility
imposed for the second offence is, at a minimum, two years’ Ineligibility and, at a maximum, three years’ Ineligibility. Any Competitor
found to have committed a third anti-doping rule violation involving any combination of specified substances under Paragraph 12.3 above [see DC 10.3] and
any other anti-doping rule violation under Paragraphs 12.2 and 12.4.1 above [see DC 10.2 or 10.4.1] will receive a sanction of lifetime Ineligibility.
Besides the automatic Disqualification of the results in the Event that produced the positive Sample [see DC 9 or Paragraph 11 above —
Automatic Disqualification of Individual Results], all other competitive results obtained from the date a positive Sample was collected [whether In-Competition
or Out-of-Competition], or other doping violation occurred, through the commencement of any Provisional Suspension or Ineligibility
period, will, unless fairness requires otherwise, be Disqualified with all of the resulting consequences, including forfeiture of any medals, points and prizes.
The period of Ineligibility starts on the date of the hearing decision imposing Ineligibility or, if the BSF Competitor or other Person
waives the hearing, on the date Ineligibility is accepted or otherwise imposed. The hearing panel will credit the BSF Competitor or other Person
with any period of Provisional Suspension [whether imposed or voluntarily accepted] against the total period of Ineligibility imposed. Where
required by fairness, such as delays in the hearing process or other aspects of Doping Control not attributable to the Competitor, the period of Ineligibility
may start sooner, commencing as early as the date of Sample collection.
During the period of Ineligibility, no Person declared Ineligible can participate in any capacity in a Competition or activity (other than
authorized anti-doping education or rehabilitation programs) authorized or organized by FINA or the BSF. Additionally, FINA, the BOA and the BSF will
withhold some or all sport-related financial support or other sport-related benefits received by such Person due to any anti-doping rule violation
that does not involve specified substances [see DC 10.3 or Paragraph 12.3 above]. After completing four years of the Ineligibility period, a Person
whose Ineligibility period is longer than four years may participate in any local sport competitions except sports under the jurisdictions of FINA and
the BSF, and not at a level where such Person could qualify [directly or indirectly] to compete in [or accumulate points toward] a national championship
or International Competition.
Conditional to regaining eligibility at the end of a specific Ineligibility period, a BSF Competitor must, during any period of Provisional Suspension
or Ineligibility, make him or herself available for Out-of-Competition Testing by FINA, the BSF, and the BOA or any other Anti-Doping
Organisation having Testing jurisdiction, and must provide current and accurate whereabouts information [see DC 5.4.4 or Paragraph 6.4.4 above]. If
a BSF Competitor who is subject to an Ineligibility period retires from sport, is removed from the FINA and/or National Registered Testing Pools
and later seeks reinstatement, that Competitor is ineligible for reinstatement until he or she notifies FINA and the BSF and has been subject to Out-of-Competition
Testing for a period equal to the longer of nine (9) months [see DC 5.6.2 or Paragraph 6.6.2 above] or the period of Ineligibility remaining as of the
date the Competitor had retired. During such remaining Ineligibility period, the BSF must conduct a minimum of three (3) tests on the Competitor,
with at least three months between each test. The BSF or the BOA must report the results of such tests to FINA. Additionally, immediately before the end of the
suspension period, the Competitor must undergo Testing by FINA for the Prohibited Substances and Methods for Out-of-Competition
Testing. On the expiration of the Competitor’s period of suspension, and the fulfillment of his or her conditions of reinstatement, the
BSF or the BOA automatically reinstates his or her eligibility to compete. The Competitor need not apply to the BSF for reinstatement.
Where any member of a relay team in swimming, or a duet or team in synchronised swimming or synchronised diving, breaches an Anti-Doping Rule, the duet or team
is Disqualified from the Event.
A water polo team, in which more than one player commits a breach of the FINA Doping Control Rules concerning a Competition, other than a violation
involving a specified substance, [see DC 10.3 or Paragraph 12.3 above], is Disqualified for the
match(es) in which those players took part in the Competition,
and the other team(s) will be declared the winner(s) by the score 5 – 0 unless the actual goal score was greater. FINA may impose a further sanction to the
team. If FINA or the BSF notifies more than one team member of a possible anti-doping rule violation concerning a Competition [see DC 7 or
Paragraph 8 above], the entire Team is also subject to Target Testing during the Competition.
If Competitors affiliated to the BSF in the same discipline commit four (4) or more doping offences within a twelve (12) month period from the date of the
first offence and receive sanctions [see DC 10.2 or DC 10.4.2 or Paragraphs 12.2 or 12.4.2 above], FINA will suspend the BSF in that discipline for twenty-four
(24) months. However, this does not include doping offences under the jurisdiction of the BSF or the BOA that they report to FINA.
The BSF is obligated to reimburse FINA for all costs related to a doping offence committed by a person affiliated to the BSF, including laboratory fees and travel expenses.
The BSF must also reimburse FINA for the costs of any interpreter paid for by FINA [see DC 8 or Paragraph 10 above].
If the BSF fails to keep FINA informed on the whereabouts information of any BSF Competitors for No Advance Notice Out-of-Competition Testing, FINA can fine the BSF
up to One Thousand American dollars (US$1000.00) per Competitor.
FINA and its representatives are not liable to a BSF Competitor or the BSF for any costs, damages or other loss resulting from actions taken by FINA under its
Doping Control Rules, except any costs and attorneys fees that the Court of Arbitration for Sport
[CAS] may award.
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