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Rules and Regulation

DC 7.9 Provisional Suspensions

DC 7.9.1 Mandatory Provisional Suspension
The FINA Executive or Member Federation with results management responsibility shall impose a Provisional Suspension promptly after the review and notification described in DC 7.1 and 7.3 have been completed for an Adverse Analytical Finding involving a Prohibited Method or a Prohibited Substance other than a Specified Substance.
A mandatory Provisional Suspension may be eliminated if the Athlete demonstrates to the hearing panel that the violation is likely to have involved a Contaminated Product. A hearing body’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.

DC 7.9.2 Optional Provisional Suspension
The FINA Executive after consultation with the DCRB or Member Federation with results management responsibility may also impose a Provisional Suspension on the Athlete or other Person against whom the anti-doping rule violation is asserted in case of any other anti-doping rule violations not covered by DC 7.9.1 (including in case of an Adverse Analytical Finding for a Specified Substance) and at any time after the review and notification described in DC 7.1 – 7.6 and prior to the final hearing as described in DC 8.

DC 7.9.3 A Provisional Suspension may not be imposed unless the Athlete or other Person is given either: (a) an opportunity for a Provisional Hearing, either before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with DC 8 on a timely basis after imposition of a Provisional Suspension.

DC 7.9.4 The FINA Executive may also provisionally suspend an Athlete in connection with a FINA International Competition where the circumstances satisfy the requirements herein but the Member Federation with results management responsibility has not imposed a Provisional Suspension. If a Provisional Suspension is imposed, the Athlete shall be given an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension, or an opportunity for an expedited hearing in accordance with DC 8 on a timely basis after imposition of the Provisional Suspension.

DC 7.9.5 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and a subsequent B Sample analysis (if requested by the Athlete or Anti-Doping Organization) does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of DC 2.1. In circumstances where the Athlete (or the Athlete’s team) has been removed from a Competition based on violation of DC 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Competition, the Athlete or team may continue to take part in the Competition.

DC 7.9.6 In all cases where an Athlete or other Person has been notified of an anti-doping rule violation but a Provisional Suspension has not been imposed on him or her, the Athlete or other Person shall be offered the opportunity to accept a Provisional Suspension voluntarily pending the resolution of the matter.