PASA-AntiDoping-Code
PASA-AntiDoping-Code
THE PURPOSE, SCOPE, AND ORGANIZATION OF THE PASA AND THE WORLD ANTI-DOPING
CODE;
The purposes of the PASA’s Anti-Doping Program and the Code are in accordance with the
World Anti-Doping Agency (WADA).
- To protect the Athlete’s fundamental right to participate in doping-free sport and thus
promote health, fairness, and equality for Athletes worldwide; and
The PASA’s Anti-Doping Program encompasses all of the elements needed in order to ensure
optimal harmonization and best practice in international and national anti-doping programs.
1- The Code
2- International Standards
THE CODE
The Code is the fundamental and universal document upon which the PASA Anti-Doping
Program is based. The purpose of the Code is to advance the anti-doping effort through
universal harmonization of core anti-doping elements. The rules follow the same structure as
the Code, with some regulations which are specific to the PASA and the NF’s members of the
PASA. The Code can be found on the WADA website.
INTERNATIONAL STANDARDS
International Standards for different technical and operational areas within the anti-doping
program will be developed in conjunction with WADA. The purpose for the International
Standards is harmonization among Anti-Doping Organizations and approved by WADA, and
adopted by the PASA.
The International Standards may be revised from time to time by the WADA Executive
Committee after reasonable consultation with the Signatories and governments. Unless
provided otherwise in the Code, International Standards and all revisions shall become
effective on the date specified in the International Standard or revision
FUNDAMENTAL RATIONALE FOR THE PASA’S ANTI-DOPING CODE
The PASA’s Anti-Doping Program seeks to preserve what is intrinsically valuable about sport.
This value is often referred to as the “spirit of the sport”; it is the essence of true
sportsmanship. It is how we play true. The spirit of sports is the celebration of the human
spirit, body, and mind, and is characterized by the following values:
PART ONE
Part one of the Code sets forth specific anti-doping rules and principles that are to be followed.
The PASA.
Doping Control:
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 represent the consensus of a broad spectrum o fstakeholders with an interest in
fair sport and should be respected by all courts and adjudicating bodies.
Doping is defined as the occurrence of one of more of the anti-doping rule violations set for
the in Article 2.1 through Article 2.8 of the Code
2.1.1 It is each Athlete’s personal duty to ensure that no Prohibited Substances enters his or
her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers
found to be present in their bodily Specimens. Accordingly, it is not necessary that intent, fault
negligence or knowing Use on the Athletes’ part be demonstrated in order to establish an anti-
doping violation under Article 2.1
2.1.2 Excepting those substance for which a quantitative reporting threshold is specifically
identified I the Prohibited List, the detected presence of any quantity of a Prohibited
Substance or its Metabolites or Markers in an Athlete’s Sample shall substitute an anti-doping
rule violation.
2.1.3 As an exception to the general rule of Article 2.1, the Prohibited List may establish special
criteria for the evaluation of Prohibited Substance that can also be produce endogenously.
2.2.1 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.
2.3 Refusing, or failing without compelling justification, to submit to Sample collection after
notification as authorized in applicable anti-doping rules or other wise evading Sample
collection.
2.4 Violation of applicable requirements regarding Athlete availability for Out of Competition
Testing including failure to provide required whereabouts information and missed tests which
re declared based on reasonable rules.
2.6.1 Possession by an Athlete at any time or place of a substance that is prohibited in Out-of-
Competition Testing or a Prohibited Method unless the Athlete establishes that the Possession
is pursuant to a therapeutic use exemption granted in accordance with Article 4.4,
(Therapeutic Use) or other acceptable justification.
The PASA shall have the burden of establishing that an anti-doping rule violation has occurred.
The standard of proof shall be whether the PASA has established an anti doping rule violation
to the comfortable satisfaction of the hearing body bearing in mind the seriousness of the
allegation which is made. This standard of proof in al cases is greater than a mere balance of
probability but less than the proof beyond a reasonable doubt. Where the Code places 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 of circumstances, the
standard of proof shall be by a balance of probability.
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:
3.2.1 WADA-accredited laboratories are presumed to have conducted Sample analysis and
custodial procedures in accordance with the International Standard for laboratory analysis.
The Athlete may rebut this presumption by establishing that a departure from the
International Standard occurred.
3.2.2 Departures from the International Standard for Testing which did not cause an Adverse
Analytical Finding or other anti-doping rule violation shall not invalidate such results. If the
Athlete establishes that departures from the International Standard occurred during testing
then the PASA shall have the burden to establish that such departures did not cause the
Adverse Analytical finding or the actual basis for the anti-doping rule violation.
WADA shall, as often as necessary and no less often than annually, publish the Prohibited list
as an International Standard. The proposed content of the Prohibited list and all revisions shall
be provided in writing promptly to all Signatories and governments for comment and
consultation. Each annual version of the Prohibited list and all revisions shall be distributed
promptly by WADA to each Signatory and government and shall be published on WADA’s
website, and each signatory shall take appropriate steps to distribute the Prohibited list to its
members and constituents. The rules of the PASA shall specify that, unless otherwise in the
Prohibited list or a revision, the Prohibited list and revisions shall go into effect under the
PASA’s rules 3 months after publication of the Prohibited list by WADA without requiring any
further action by the PASA.
4.2 Prohibited Substances and Prohibited Methods identified on the Prohibited list.
The prohibited list shall identify those Prohibited Substances and Prohibited Methods which
are prohibited as doping at all times, (both in and out of competition) because of their
potential to enhance performance in future competitions or their masking potential and those
substances and methods which are prohibited In-Competition only. Prohibited Substances and
Prohibited Methods may be included in the Prohibited list by general category or by specific
reference to a particular substance or method.
4.3 Criteria for including substances and Methods on the Prohibited List.
4.3.1 A substance or method shall be considered for inclusion on the Prohibited List if WADA
determines that the substance or method meets any two of the following three criteria:
4.3.1.1 Medical or other scientific evidence, pharmacological effect or experience that the
substance or method has the potential to enhance or enhances sport performance;
4.3.1.2 Medical or other scientific evidence, pharmacological effect or experience that the
substance or method that the Use of the substance or method represents an actual or
potential health risk to the athlete.
4.3.1.3 WADA’s determination that the Use of the substance or method violates the spirit of
sport described in eh introduction to the Code.
4.3.2 A substance or method shall also be included on the Prohibited List if WADA determines
there is medical or other scientific evidence, pharmacological effect or experience that the
substance or method has the potential to mask the use of other Prohibited Substances and
Prohibited Methods
4.4.1 Aathletes with a documented medical condition requiring the use of a Prohibited
Substance or a Prohibited Method must first obtain a Therapeutic Use Exemption ("TUE").
4.4.2 Athletes included by PASA and its Registered Testing Pool and other Athletes prior to
their participation in any International Event must obtain a TUE from the PASA (regardless of
whether the Athlete previously has received a TUE at the national level). TUE's granted by the
PASA shall be reported to the Athlete's National Federation and to WADA. Other Athletes
subject to Testing must obtain a TUE from their National Anti-Doping Organization or other
body designated by their National Federation. National Federations shall promptly report any
such TUE's to the PASA and WADA.
4.4.3 The PASA Executive shall appoint a panel of physicians to consider requests for TUE's
(the "TUE Panel"). Upon the PASA’s receipt of a TUE request, the Chair of the TUE Panel shall
appoint one or more members of the TUE Panel (which may include the Chair) to consider
such request. The TUE Panel member(s) so designated shall promptly evaluate such request in
accordance with the International Standard for Therapeutic Use Exemptions and render a
decision on such request, which shall be the final decision of the PASA.
4.4.3.1 International-Level Athletes who are included in the PASA’s Registered Testing Pool,
should apply to the PASA for the TUE at the same time the Athlete first provides whereabouts
information to the PASA and, except in emergency situations, no later than 21 days before the
Athlete's participation at an International Event.
4.4.3.2 Athletes participating in International Events who are not included in the PASA’s
Registered Testing Pool must, except in emergency situations, request a TUE from the PASA no
later than 21 days before the Athlete's participation at an International Event.
4.4.4 WADA, at the request of an Athlete or on its own initiation, may review the granting or
denial of any TUE to an International Level Athlete or a national level Athlete that is included in
a Registered Testing Pool. If WADA determines that the granting or denial of a TUE did not
comply with the International Standard for Therapeutic Use Exemptions in force at the time
then WADA may reverse that decision. Decisions on TUE's are subject to further appeal as
provided in Article 13
ARTICLE 5: TESTING
5.1 The PASA will plan and implement and effective number of in-competition testing. All
Athletes affiliated with a NF shall be subject to In-Competition Testing by the PASA, the
Athlete’s NF, and any other Anti-Doping Organization responsible for testing at a competition
or event in which they participate. All Athletes affiliated with a NF shall also be subject to Out-
of-Competition Testing at any time or place, with or without advance notice, by the PASA,
WADA, the Athlete’s NF or the National Anti-Doping Organization of any country where the
Athlete is present.
5.1.3 Each NGB shall establish a Registered Testing Pool for International-level Athletes for its
country.
The PASA’s ADC shall be responsible for overseeing all Testing conducted by the PASA. Testing
at PASA events is the responsibility of the NF, which is the host of the event according to PASA
Rules. Testing must be performed as a minimum at the World Surfing Games and Junior
events.
Anti-doping Organization conducting testing shall conduct such testing in conformity with the
International Standard for testing.
Details for the following procedures will be described in the International Standard for Testing:
Notification of Athletes, Preparing for the Sample Collection Session, Conducting the Sample
Collection Session, Security/Post test administration and Transport of Samples and documents.
All testing must be carried out in accordance with the International Standard for Testing. The
NF shall promptly report completed tests through the WADA clearinghouse to avoid
unnecessary duplication in Testing.
5.3 The NF, which is responsible for organizing the Championships, is responsible for
organizing the Testing according to the Rules.
5.3.1 The host NF must make sure that there are enough qualified personnel to take care of
the Testing according to the Rules.
5.3.2 In the event of negligence in the practical organization of Testing during the
Championships, the host NF shall be liable to a fine not exceeding US$ 1000. The fine may be
multiplied by the number of days for which the negligence continues.
5.3.3 The PASA Anti-Doping Commission (PASA ADC) will appoint an anti-doping Supervisor
(Supervisor) for each Championship. The Supervisor shall supervise the local anti-doping staff
and report to the PASA ADC immediately of any violations to the Rules.
5.3.4 Selection of Athletes to be tested at the PASA Events shall be decided by the PASA ADC.
All participating Athletes shall be considered. The Supervisor will supervise the selection
according to the PASA ADC instructions.
5.3.5 The Athlete must show his/her accreditation card or passport to proof his/her
identification.
5.3.6 The persons specified in the International Standard for testing and in the Rules may be
present during the Sample Collection Session in addition to the Sample Collection Personnel:
The Athletes selected for doping control and their respective accredited representative,
Authorized interpreters, Supervisor, the PASA ADC, WADA Independent Observer and Other
people only with the permission of the Supervisor. The news media shall not be admitted to
the doping control station. The doors of the station must not be left open. No photography
shall be permitted in the Doping Control Station during the hours of operation.
Unannounced doping control may be conducted by the PASA at any time, including at the time
or location of any Event in every NF. Preferably it shall be carried out without any advance
notice to the Athlete or his/her NF. Every Athlete affiliated to any PASA NF is obliged to
undergo unannounced doping control decided by the PASA.
5.4.1 The PASA shall keep a register of International-Level Athletes who are being subject to
unannounced doping control. NFs have the obligation to submit the names, addresses and
telephone numbers of all following Athletes:
-All medal winner in the last PASA World Championships (both Juniors and Open) and all medal
winners in the last Continental Championships for seniors.
-In case the number of the medal winners as described above is less than five or the NF does
not have any medal winners as described above: The five top ranked International-Level
Athletes (including all medal winners as described above) according to the NF’s ranking
system.
5.4.2 The PASA shall keep a register of training dates and venues, to enable to conduct
unannounced doping control. NFs have the obligation to submit information of the training
times and venues, training camps and any travel plans which may affect the availability for
sample collection, for the Athletes described in the Articles 5.4.1
5.4.3 NF must send the required whereabouts information described in Articles 5.4.1 and
5.4.2 in writing to PASA Headquarters office every year within the month of July. Required
whereabouts information must be sent by post and it must be signed by the President unless
otherwise instructed by the PASA ADC. NF has the obligation and responsibility to inform of all
changes. NF that fails to submit the required whereabouts information to the PASA within the
month of July shall be liable to a fine not exceeding US$ 100 for every week that exceeds July
31.
5.4.4 If the Athlete cannot be found for unannounced testing due to incorrect or insufficient
information provided to the PASA, the NF to which the Athlete is affiliated to, is obliged to pay
all expenses for the unsuccessful attempt of testing.
5.4.5 If the attempts to conduct unannounced testing fail twice because the Authorized
Sample Collection Authority is unable to locate the Athlete at the address or location provided
to the PASA for such purposes, the PASA must send notice regarding the situation to both the
Athlete and his/her NF, requesting for more detailed information as to the Athlete's schedule.
If the Athlete cannot be located thereafter for a doping control test during a period up to six
(6) months from the first date the Athlete was unable to be located, the Athlete is considered
to have failed to submit to doping control in accordance with Article 2.
Doping control samples shall be analyzed in accordance with the following principles:
No sample may be used for any other purpose than the detection of substances (or classes of
substances) or methods on the Prohibited List, or as otherwise identified by WADA pursuant of
Article 4.5 (Monitoring Program), without the athlete’s written consent.
6.4 Standards for Sample Analysis and ReportingLaboratories shall analyze Doping Control
Samples and report results in conformity with the International Standard for laboratory
analysis
In the PASA shall establish a process for the pre-hearing administration of potential anti-
doping rule violations that respects the following principles:
Upon receipt of an A sample adverse analytical finding, the PASA shall conduct a review to
determine whether: (a) an applicable therapeutic use exemption has been granted, or (b)
there is any apparent departure from the International Standards for testing or laboratory
analysis that undermines the validity of the diverse analytical finding.
If the initial review under Article 7.1 does not reveal an applicable therapeutic use exemption
or departure that undermines the validity of the adverse analytical finding, the PASA shall
promptly notify the athlete, in the manner set out in its rules, of: (a) the adverse analytical
finding; (b) the anti-doping rule violated, or in a case under Article 7.3, a description of the
additional investigation that will be conducted as to whether there is an anti-doping violation;
(c) the athletes right to promptly request the analysis of the be sample or, failing such request,
that the B sample analysis may be deemed waived; (d) the right to the athlete and/or the
athlete’s representative to attend the B Sample opening and analysis if such analysis is
requested’ and (e) the athlete’s right to request copies of the A and B sample laboratory
documentation package which includes information as required by the International Standards
for laboratory analysis.
If the Initial Review does not reveal an applicable therapeutic use exemption or departure that
undermines the validity of the Adverse Analytical Finding, the NF responsible for the Testing
and/or review, must send a notification informing of the Adverse Analytical Finding including
the laboratory report, to the Athlete’s NF. The notification to the Athlete’s NF shall be sent
within ten (10) working days after the laboratory has reported the results. Notification must be
confirmed by a receipt of a registered letter with proof of delivery. The NF responsible for
notification shall at the same time according to Article 14.1 inform PASA ADC (Headquarters
Office) and WADA. In case of any problems with the Initial Review, the PASA ADC has to be
informed immediately.
7.3 Further review of Adverse Analytical Finding Where Required by Prohibited List
The PASA or other reviewing body established by such organization shall also conduct any
follow-up investigation as may be required by the prohibited list. Upon completion of such
follow-up investigation, the PASA shall promptly notify the Athlete regarding the results of the
follow-up investigation and whether or not the PASA asserts that an anti-doping rule was
violated.
The PASA or other reviewing body established by such organization, shall also conduct any
follow-up investigation as may be required by the under applicable anti-doping policies and
rules adopted pursuant to the Code or which the PASA otherwise considers appropriate. The
PASA shall promptly give the athlete or other person subject to sanction notice, in the manner
set out in its rules, of the anti-doping rule, which appears to have been violated, and the basis
of the violation.
The PASA may adopt rules, applicable to any event for which the PASA is the ruling body,
permitting Provisional Suspensions to be imposed after the review and notification described
in Articles 7.1 and 7.2 but prior to a final hearing as described in Article 8, (Right to a Fair
Hearing). Provided, however that a Provisional Suspension may not be imposed unless the
Athlete is given either: (a) an opportunity for a Provisional Hearing either before imposition of
the Provisional Suspension or on a timely basis after imposition for an expedited hearing in
accordance with Article 8, (Right to a Fair Hearing), on a timely basis after imposition of a
Provisional Suspension.
The PASA who is responsible for the results management shall provide a hearing process for
any Person who asserted t have committed an anti-doping rule violation. Such hearing process
shall address whether an anti-doping violation was committed and if so, the appropriate
Consequences. The hearing process shall respect the following principles:
- a timely hearing
- the right to be fairly and timely informed of the asserted anti-doping rule violation
- the right to respond to the asserted anti-doping rule violation and resulting Consequences
- the right of each party to present evidence, including the right to call and question
witnesses, (subject to the hearing body’s discretion to accept testimony by telephone or
written submission)
- the Person’s right to an interpreter at the hearing, with the hearing body to determine the
identity, and responsibility for the cost, of the interpreter and;
- a timely, written, reasoned decision: Hearings held in connection with Events may be
conducted by an expedited process as permitted by the rules of the PASA and the hearing
body.
10.1 Disqualification of results in event during which an Anti-Doping rule violation occurs
An anti-doping rule violation occurring during or in connection with an event may, upon the
decision of the PASA, lead to disqualification of all of the Athlete’s individual results obtained
in that event with all consequences, including forfeiture of all medals, points, and prizes,
except as provided in Article 10.1.1.
10.1.1 If the Athlete establishes that he or she bears No Fault or Negligence for the violation,
the Athlete’s individual results in the other competitions shall not be disqualified unless the
Athlete’s results in competitions other than the competition in which the anti-doping rule
violation occurred were likely to have been affected by the Athlete’s anti-doping rule violation.
Except for the specified substances identified in Article 10.3, the period of ineligibility imposed
for a violation of Articles 2.1, (presence of Prohibited Substance or its Metabolites or Markers),
2.2, (Use or Attempted Use of Prohibited Substance or Prohibited Method), and 2.6,
(Possession of Prohibited Substances and Methods), shall be:
However, the Athlete or other person shall have the opportunity in each case, before a period
of Ineligibility is imposed, to establish the basis for eliminating or reducing this sanction as
provided in Article 10,5
The Prohibited List may identify specified substances which are particularly susceptible to
unintentional anti-doping rules violations because of their general availability in medicinal
products or which are less likely to be successfully abused as doping agents. Where an Athlete
can establish that the Use of such a specified substance was not intended to enhance sport
performance, the period of ineligibility found in Article 10.2 shall be replaced with the
following:
- First violation: At a minimum, a warning and reprimand and no period of ineligibility from
future events, and at a maximum, one year’s ineligibility.
However, the Athlete or other Person shall have the opportunity in each case, before a period
of Ineligibility is imposed, establish the basis for eliminating or reducing (in the case of a
second or third violation) this sanction as provided in Article 10.5
The period of Ineligibility for other anti-doping rule violations shall be:
10.4.1 For violations of Article 2.3 (refusing or failing to submit to sample collection) or Article
2.5 (Tampering with Doping control), the ineligibility periods set forth in Article 10.2 shall
apply.
10.4.2 For violations of Article 2.7 (trafficking) or Article 2.8 (Administration of Prohibited
substance or Prohibited method), the period of ineligibility imposed shall be a minimum of
four years up to lifetime ineligibility. An anti-doping rule violation involving a minor shall be
considered a particularly serious violation, and if committed by Athlete Support Personnel for
violations other than specified substances referenced in Article 10.3. Shall result in lifetime
ineligibility for such Athlete Support Personnel. In addition, violations of such Articles, which
also violate non-sporting laws and regulations, may be reported to the competent
administrative, professional or judicial authorities.
10.4.3 For violations of Article 2.4 (whereabouts violation or missed test), the period of
ineligibility shall be at a minimum3 months and at maximum 2 years in accordance with the
rules established by the PASA whose test was missed or whereabouts requirement was
violated. The period of ineligibility for subsequent violations of Article 2.4 shall be as
established in the rules of the PASA whose test was missed or whereabouts requirement was
violated.
If the Athlete establishes in an individual case involving anti-doping rule violations under
Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers) or use of a
Prohibited Substance or Prohibited Method under Article 2.2, that he or she bears No fault or
Negligence for the violation, the otherwise applicable period of ineligibility shall be eliminated.
When a Prohibited Substance or its Markers or Metabolites is detected in an Athlete’s
specimen in violation of Article 2.1 (presence of Prohibited Substance), the Athlete must also
establish how the Prohibited Substance entered his or her system in order to have the period
of ineligibility eliminated. In the event this Article is applied and the period of ineligibility
otherwise applicable is eliminated, the anti-doping rule violation shall not be considered a
violation for the limited purpose of determining the period of ineligibility for multiple
violations under Articles 10.2, 10.3, and 10.6.
This Article 10.5.2 applies only to anti-doping rule violations involving Article 2.1 (Presence of
Prohibited Substance or its Metabolites or Markers), Use of a Prohibited Substance or
Prohibited Method under Article 2.2, failing to submit to sample collection under Article 2.3 or
administration of a Prohibited Substance or Prohibited Method under Article 2.8. If an Athlete
establishes in an individual case involving such violations that he or she bears No Significant
Fault or negligence, then the period of ineligibility may be reduced, 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
under this section may be no less than 8 years. When a Prohibited Substance or its Markers or
Metabolites is detected in an Athlete’s specimen in violation of Article 2.1, (Presence of
Prohibited Substance), the Athlete must also establish how the Prohibited Substance entered
his or her system in order to have the period of ineligibility reduced.
The PASA may also reduce the period of ineligibility in an individual case where the Athlete has
provided substantial assistance to the PASA which results in the PASA discovering or
establishing an anti-doping rule violation by another person involving Possession under Article
2.6.2, (Administration to an Athlete), Article 2.7, (Trafficking), or Article 2.8, (Administration to
an Athlete). The reduced period of ineligibility may not, however, be less than one-half of the
minimum periods of ineligibility otherwise applicable. If the otherwise applicable period of
ineligibility is a lifetime, the reduced period under this section may be no less than 8 years.
10.6.1 For purposes of imposing sanctions under Articles 10.2, 10.3, and 10.4, a second anti-
doping rule violation may be considered for purposes of imposing sanctions only if the PASA
can establish that the Athlete or other person committed the second anti-doping rule violation
after the Athlete or other person received notice, or after the PASA made a reasonable
attempt to give notice, of the first anti-doping rule violation; if the PASA cannot establish this,
the violations shall be considered as one single first violation, and the sanction imposed shall
be based n the violation that carries the more severe sanction.
10.6.2 Where an Athlete, based on the same Doping Control, is found to have committed an
anti-doping rule violation involving both a specified substances under Article 10.3 and another
Prohibited Substance or Prohibited Method, the Athlete shall be considered to have
committed a single anti-doping rule violation, but the sanction imposed shall be based on the
Prohibited Substance or Prohibited Method that carries the most severe sanction.
10.6.3 Where an Athlete is found to have committed two separate anti-doping rule violations,
one involving a specified substance governed by the sanctions set forth in Article 10.3,
(Specified Substances) and the other involving a Prohibited Substance or Prohibited Method
governed by the sanctions set forth in Article 10.4.1, the period of ineligibility imposed for the
second offence shall be at a minimum two years’ ineligibility and at a maximum three years
ineligibility. Any Athlete found to have committed a third anti-doping rule violation involving
any combination of specified substances under Article 10.3 and any other anti-doping rule
violation under 10.2 or 10.4.1 shall receive a sanction of lifetime ineligibility.
The period of ineligibility shall start on the date of the hearing decision providing for
ineligibility or, if the hearing is waived, on the date ineligibility is accepted or otherwise
imposed. Any period of provisional suspension (whether imposed or voluntarily accepted) shall
be credited against the total period of ineligibility to be served. Where required by fairness,
such as delays in the hearing process or other aspects of doping control not attributable t the
Athlete, the body imposing the sanction may start the period of ineligibility at an earlier date
commencing as early as the date of the sample collection.
10.9 Status during ineligibility
No person who has been declared ineligible may, during the period of ineligibility, participate
in any capacity in a competition or activity (other than authorized anti-doping education or
rehabilitation programs) authorized or organized by the PASA or the PASA’s member
organizations. In addition, for any anti-doping rule violation not involving specified substances
described in Article 10.3, some or all sport-related financial support or other sport-related
benefits received by such person will be withheld by the PASA, or PASA member organization.
A person subject to a period of ineligibility longer than four years may, after completing four
years of the period of ineligibility, participate in local sports events in a sport other than the
sport in which the person committed the anti-doping rule violation, but only so long as the
local sport event is not al a level that could otherwise qualify such person directly or indirectly
to compete in (or accumulate points toward) a national championship or international event.
Where more than one team member in a Team Sport has been notified of a possible anti-
doping rule violation under Article 7 in connection with an event, the team shall be subject to
target testing for the event. If more than one team member in a team sport is found to have
committed an anti-doping rule violation during the event, the team may be subject to
disqualification or other disciplinary action. In sports which are not team sport but where
awards are given to teams, disqualification or other disciplinary action against the team when
one or more team members have committed an anti-doping rule violation shall be as provided
in the applicable rules of the PASA.
Nothing in this code precludes any National Governing Body accepting the code from enforcing
its own rules for the purpose of imposing sanctions on another sporting body over which the
National Governing Body has authority.
Decisions made under the Code or rules adopted pursuant to the Code may be appealed as set
forth below in Articles 13.2 through 13.4. Such decisions shall remain in effect while under
appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-
decision review authorized in Article [8.7] [8.2.7] must be exhausted.
13.2 Appeals from decisions regarding anti-doping rule violations, consequences, and
provisional suspensions
13.2.2 In cases involving Athletes that do not have a right to appeal under Article 13.2.1, each
National Federation shall have in place an appeal procedure that respects the following
principles: a timely hearing, a fair and impartial hearing body; the right to be represented by a
counsel at the person’s expense; and a timely, written, reasoned decision. The PASA’s rights of
appeal with respectto these cases are set forth in Article 13.2.3 below.
13.2.3 In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS:
(a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other
party to the case in which the decision was rendered; (c) the PASA and any other Anti-Doping
Organization under whose rules a sanction could have been imposed; (d) the International
Surfing Association, as applicable, (e) the Pan American Sports Organization, as applicable, (f)
the International Olympic Committee or International Paralympic Committee, as applicable,
where the decision may have an effect in relation to the Olympic Games or Paralympic Games,
including decisions affecting eligibility for the Olympic Games.
14.1 Information Concerning Adverse Analytical Findings and other Potential Anti-Doping Rule
Violations
When a NF has received an Adverse Analytical Finding on one of its Athletes it shall report the
following information to the PASA and WADA within fourteen (14) days of the process
described in Article 7 (Results Management) the Athlete’s name, country, discipline and
category within the sport, whether the test was In-Competition or Out-of-Competition, the
date of Sample collection and the analytical result reported by the laboratory. The NF shall also
regularly update the PASA and WADA on the status and findings of any review or proceedings
conducted pursuant to Article 7 (Results Management), Article 8 (Right to a Fair Hearing) or
Article 13 (Appeals), and comparable information shall be provided to PASA and WADA within
14 days of the notification described in Article 7.1.9, with respect to other violations of these
Anti-Doping Rules. In any case in which the period of Ineligibility is eliminated under Article
10.5.1 in the Code (No Fault or Negligence) or reduced under Article 10.5.2 in the Code (No
Significant Fault or Negligence), The PASA and WADA shall be provided with a written
reasoned decision explaining the basis for the elimination or reduction. Neither the PASA nor
WADA shall disclose this information beyond those persons within their organizations with a
need to know until the NF has made public disclosure or has failed to make public disclosure as
required in Article 14.2 below.
Neither the PASA nor its NF shall publicly identify Athletes whose Samples have resulted in
Adverse Analytical Findings, or who were alleged to have violated other Articles of these Anti-
Doping Rules until it has been determined in a hearing in accordance with Article 8 that an
anti-doping rule violation has occurred, or such hearing has been waived, or the assertion of
an anti-doping rule violation has not been timely challenged or the Athlete has been
Provisionally Suspended. Once a violation of these Anti-Doping Rules has been established, it
shall be publicly reported within 20 days.
Responsibilities of the NFs towards PASA are described under Article 5.5. PASA shall at all
times maintain the obtained information in strict confidence and shall use it exclusively for
purposes of planning, coordinating or conducting Testing and shall destroy it after it is no
longer relevant for these purposes.
NFs shall report to the PASA at the end of every results of all Doping Controls within their
jurisdiction sorted by Athlete and identifying each date on which the Athlete was tested, the
entity conducting the test, and whether the test was In-Competition or Out-of-Competition.
The PASA may periodically publish Testing data received from NF as well as comparable data
from Testing under PASA's jurisdiction.
Any decision of the PASA or a NF regarding a violation of these Anti-Doping Rules shall be
recognized by all NF, which shall take all necessary action to render such results effective.
No action may be commenced against an Athlete or other Person for a violation of an anti-
doping rule contained in the Rules unless such action is commenced within eight (8) years from
the date the violation occurred.
ARTICLE 17: EDUCATION
The basic principle for information and education programs shall be to preserve the spirit of
sport as described in the Introduction to the Code from being undermined by doping.
The primary goal of education shall be to dissuade Athletes from using Prohibited Substances
and Prohibited Methods.
The PASA and each NF should plan, implement and monitor information and education
programs. The programs should provide Athletes and Athlete support personnel with update
and accurate information on at least the following issues:
The programs should promote the spirit of sport in order to establish an anti-doping
environment, which influence behavior among Athletes and Athlete Support Personnel.
Athlete Support Personnel should educate and counsel Athletes regarding anti-doping policies
and rules adopted pursuant to the Rules.
The PASA and it member NFs shall cooperate with each other and governments to coordinate
their efforts in anti-doping information and education.
18.1 To require as a condition of membership that the policies, rules and programs of all
member organizations are in compliance with the Rules.
18.2 To require all Athletes and Athlete Support Personnel within their jurisdiction to
recognize and be bound by the Rules.
18.4 To authorize and facilitate the Independent Observer program at International Events.
18.5 To adopt and implement anti-doping policies and rules which conform to the Code.
18.6 To take appropriate action to discourage non-compliance with the Code.
19.1.1 To be knowledgeable of and comply with all applicable anti-doping policies and rules
adopted pursuant to the Rules.
19.1.3 To take responsibility, in the context of anti-doping, for what they ingest and use.
19.1.4 To inform medical personnel of their obligation not to Use Prohibited Substances and
Prohibited Methods and to take responsibility to make sure that any medical treatment
received does not violate anti-doping policies and rules adopted pursuant to the Rules.
19.2 Roles and Responsibilities of Athlete Support Personnel affiliated with the NFs
19.2.1 To be knowledgeable of and comply with all anti-doping policies and rules adopted to
the Rules and which are applicable to them or the Athletes whom they support.
19.2.3 To use their influence on the Athlete values and behavior to foster anti-doping attitudes
The Rules are approved and modified according to the PASA statutes. All amendments to the
Code must be implemented in the Rules as set in the Code.
20.2.1 Noncompliance with the Code: See Article 23.5.1 of the WADA Code.
20.2.2 Noncompliance with the procedures relating to anti-doping rule violations will be
investigated by the PASA ADC. The final decision will be made by the PASA’s Executive
Committee, (EC) and it must be based on the Rules.
20.2.3 All decisions concerning the fines in the Rules will be taken by PASA’s EC based on the
recommendations by the PASA’s ADC.
20.2.4 All other noncompliance with the Rules will be handled by the PASA Legal Committee.
ARTICLE 21: INTERPRETATION OF THE CODE
21.1 The official text of the Code shall be maintained by WADA and shall be published in
English and French. In any conflicts between the English and French versions, English will
prevail
21.2 The Code shall be interpreted as an independent and autonomous text and not by
reference t the existing law or statutes of the PASA or governments.
Adverse Analytical Finding. A report from a laboratory or other approved Testing entity that
identifies in a Specimen the presence of a Prohibited Substance or its Metabolites or Markers
(including elevated quantities of endogenous substances) or evidence of the Use of a
Prohibited Method.
Anti-Doping Organization. A Signatory that is responsible for adopting rules for initiating,
implementing or enforcing any part of the Doping Control process. This includes, for example,
the International Olympic Committee, the International Paralympic Committee, other Major
Event Organizations that conduct Testing at their Events, WADA, Pan American Surf
Association, and National Anti-Doping Organizations.
Athlete. For purposes of Doping Control, any Person who participates in sport at the
international level (as defined by each International Federation) or national level (as defined
by each National Anti-Doping Organization) and any additional Person who participates in
sport at a lower level if designated by the Person's National Anti-Doping Organization. For
purposes of anti-doping information and education, any Person who participates in sport
under the authority of any Signatory, government, or other sports organization accepting the
Code.
Athlete Support Personnel. Any coach, trainer, manager, agent, team staff, official, medical or
para-medical personnel working with or treating Athletes participating in or preparing for
sports competition.
Competition. A single race, match, game or singular athletic contest. For example, the finals of
the Olympic 100-meter dash. For stage races and other athletic contests where prizes are
awarded on a daily or other interim basis the distinction between a Competition and an Event
will be as provided in the rules of the applicable International Federation.
Doping Control. The process including test distribution planning, Sample collection and
handling, laboratory analysis, results management, hearings and appeals.
Event. A series of individual Competitions conducted together under one ruling body (e.g., the
Olympic Games, the Pan American Games, or the Pan American Surfing Games).
Independent Observer Program. A team of observers, under the supervision of WADA, who
observe the Doping Control process at certain Events and report on observations. If WADA is
testing In-Competition at an Event, the observers shall be supervised by an independent
organization.
International Event. An Event where the International Olympic Committee, the International
Paralympic Committee, the International Surfing Association, the Pan American Surf
Associatioon, a Major Event Organization, or another international sport organization is the
ruling body for the Event or appoints the technical officials for the Event.
Marker. A compound, group of compounds or biological parameters that indicates the Use of
a Prohibited Substance or Prohibited Method.
Minor. A natural Person who has not reached the age of majority as established by the
applicable laws of his or her country of residence.
National Event. A sport Event involving international or national-level Athletes that is not an
International Event.
No Advance Notice. A Doping Control which takes place with no advance warning to the
Athlete and where the Athlete is continuously chaperoned from the moment of notification
through Sample provision.
No Fault or Negligence. The Athlete's establishing that he or she did not know or suspect, and
could not reasonably have known or suspected even with the exercise of utmost caution, that
he or she had Used or been administered the Prohibited Substance or Prohibited Method.
No Significant Fault or Negligence. The Athlete's establishing that his or her fault or
negligence, when viewed in the totality of the circumstances and taking into account the
criteria for No Fault or Negligence, was not significant in relationship to the anti-doping rule
violation.
Prohibited List. The List identifying the Prohibited Substances and Prohibited Methods.
Provisional Hearing. For purposes of Article 7.5, an expedited abbreviated hearing occurring
prior to a hearing under Article 8 (Right to a Fair Hearing) that provides the Athlete with notice
and an opportunity to be heard in either written or oral form.
Registered Testing Pool. The pool of top level Athletes established separately by each
International Federation and National Anti-Doping Organization who are subject to both In-
Competition and Out-of-Competition Testing as part of that International Federation's or
Organization's test distribution plan.
Sample/Specimen. Any biological material collected for the purposes of Doping Control.
Signatories. Those entities signing the Code and agreeing to comply with the Code, including
the International Olympic Committee, International Federations, International Paralympic
Committee, National Olympic Committees, National Paralympic Committees, Major Event
Organizations, National Anti-Doping Organizations, and WADA.
Target Testing. Selection of Athletes for Testing where specific Athletes or groups of Athletes
are selected on a non-random basis for Testing at a specified time.
Team Sport. A sport in which the substitution of players is permitted during a Competition.
Testing. The parts of the Doping Control process involving test distribution planning, Sample
collection, Sample handling, and Sample transport to the laboratory.
Use. The application, ingestion, injection or consumption by any means whatsoever of any
Prohibited Substance or Prohibited Method.