RESULTS MANAGEMENT

Results Management for Tests initiated by FINA

The laboratory sends the results from all analyses to FINA in encoded form, in a report signed by an authorised representative of the laboratory. They must arrange confidential communication of the results analyses.

When they receive an A Sample Adverse Analytical Finding, the DCRB or its designee will conduct an initial review to decide whether:

FINA or the BOA has granted an applicable Therapeutic Use Exemption; or
there is any apparent departure from the International Standards for Testing or laboratory analysis that undermines the validity of the Adverse Analytical Finding, based on the documentation submitted to FINA.

If the initial review [see DC 7.2 or Paragraph 8.1.2 above] does not reveal an applicable Therapeutic Use Exemption or a departure from the International Standards for Testing or laboratory analysis that undermines the validity of the Adverse Analytical Finding, FINA must promptly notify the BSF Competitor through the BSF of:

(a) the Adverse Analytical Finding;

(b) the anti-doping rule infringed, or, a description of the additional investigation that they will conduct about whether there is an anti-doping rule violation [see DC 7.1.4 or Paragraph 8.1.4 below];

(c) the Competitor's right promptly to request the analysis of the B Sample or, failing such request, that FINA may deem the B Sample analysis as waived;

(d) the right of the Competitor and/or the Competitor's representative to attend the B Sample opening and analysis if they request such analysis; and

(e) the Competitor's right to request copies of the A and B Sample laboratory documentation package that includes information as required by the International Standard for laboratory analysis.

The DCRB or its designee will also conduct any follow-up investigation of apparent anti-doping rule violations, as required by the Prohibited List or is otherwise necessary. Upon completion of the follow-up investigation, FINA will promptly notify a BSF Competitor through the BSF about the results of the follow-up investigation and whether or not FINA alleges that the BSF Competitor committed an anti-doping rule violation.

FINA must promptly give a BSF Competitor, or any other Person affiliated to the BSF who is subject to sanction, notice of the apparent anti-doping rule violation, and the basis for the violation, through the BSF.

FINA must arrange for Testing the B Sample within three (3) weeks of notifying the Competitor [see DC 7.3 or Paragraph 8.3 below].

The laboratory will test the B Sample to detect whether that Sample reveals the presence of the same Prohibited Substance detected in the A Sample or suggests the same Prohibited Method. However, within fourteen (14) days after receiving notification of the presence of a Prohibited Substance or the Use of a Prohibited Method in the A Sample, a BSF Competitor may advise FINA that he or she accepts the A Sample test results . A BSF Competitor who accepts the A Sample test results is nevertheless entitled to a hearing before the FINA Doping Panel.

The BSF Competitor and/or his representative, a representative of the BSF and a representative of FINA can attend the analysis on the B Sample.

If the B Sample proves negative, the entire test is considered negative and the laboratory will so inform FINA, who will then inform the BSF Competitor and the BSF.

If the B Sample proves positive and the laboratory identifies a Prohibited Substance or the Use of a Prohibited Method, the BSF Competitor, the BSF and the FINA Doping Panel will all receive a report of the findings for further considerations under the FINA Constitution [see FINA Constitution Rule C21.5].

On the recommendation of the DCRB, the FINA Executive may determine, at any point after an Adverse Analytical Finding on an A Sample and before the final decision in a Doping Control case, that there is insufficient scientific or factual basis to continue further with the case against the BSF Competitor involved.

After consultation with the DCRB, the FINA Executive may Provisionally Suspend a BSF Competitor before the opportunity for a full hearing, based on an Adverse Analytical Finding from the Competitor’s A Sample and an initial review [see DC 7.1.2 or Paragraph 8.1.2 above]. If the FINA Executive imposes a Provisional Suspension, either the FINA Doping Panel advances its hearing [see DC 8 or Paragraph 10 below] to a date that avoids substantial prejudice to the Competitor, or the Doping Panel gives the Competitor an opportunity for a Provisional Hearing before imposing a Provisional Suspension or expeditiously after imposing a Provisional Suspension.

Results Management for Tests initiated by the BSF or other Member Federations

Results management conducted by the BSF or other FINA Member Federations must be consistent with the general principles for effective and fair results management underlying the detailed provisions in the Anti-Doping Rules [see DC 7.1 or Paragraph 8.1 above]. FINA Member Federations must report all Doping Control results to FINA within 14 days after the Federation concludes its results management process. The BSF must promptly refer any apparent anti-doping rule violation by a BSF Competitor to a disciplinary panel established pursuant to the BSF’s Rules or to a hearing panel established pursuant to Bahamian law. The BSF must refer apparent anti-doping rule violations by Competitors who are members of another Member Federation to that Member Federation for hearing, and vice versa.