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Rules and Regulation

DC 10.6 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons Other than Fault

DC 10.6.1 Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations

DC 10.6.1.1 The FINA Doping Panel or other Anti-Doping Organisation with results management responsibility may, prior to a final appellate decision under DC 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case in which it has results management authority where the Athlete or other Person has provided Substantial Assistance to FINA, a criminal authority or professional disciplinary body which results in: (i) FINA’s discovering or bringing forward an anti-doping rule violation by another Person, or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offence or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to FINA.

After a final appellate decision under DC 13 or the expiration of time to appeal, FINA may only suspend a part of the otherwise applicable period of Ineligibility with the approval of WADA. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this section must be no less than eight years. If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of the period of Ineligibility was based, FINA shall reinstate the original period of Ineligibility. If FINA decides to reinstate a suspended period of Ineligibility or decides not to reinstate a suspended period of Ineligibility, that decision may be appealed by any Person entitled to appeal under DC 13.

DC 10.6.1.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organizations, at the request of FINA or at the request of the Athlete or other Person who has (or has been asserted to have) committed an anti-doping rule violation, WADA may agree at any stage of the results management process, including after a final appellate decision under DC 13, to what it considers to be an appropriate suspension of the otherwise-applicable period of Ineligibility and other Consequences. In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this rule, or even no period of Ineligibility, and/or no return of prize money or payment of fines or costs. WADA’s approval shall be subject to reinstatement of sanction, as otherwise provided in this rule. Notwithstanding DC 13, WADA’s decisions in the context of this Article may not be appealed by any other Anti-Doping Organization.

DC 10.6.1.3 If FINA suspends any part of an otherwise applicable sanction because of Substantial Assistance, then notice providing justification for the decision shall be provided to the other Anti-Doping Organizations with a right to appeal under DC 13.2.3 as provided in DC 14.2. In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorize FINA to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.

[Comment to DC 10.6.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport. This is the only circumstance under the Code and DC Rules where the suspension of an otherwise applicable period of Ineligibility is authorized.]

DC 10.6.2 Admission of an Anti-Doping Rule Violation in the absence of other evidence.
Where an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an anti-doping rule violation other than DC 2.1, before receiving first notice of the admitted violation pursuant to DC 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.

[Comment to DC 10.6.2: This rule is intended to apply when an Athlete or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organization is aware that an anti-doping rule violation might have been committed. It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.]

DC 10.6.3 Prompt admission of an anti-doping rule violation after being confronted with a violation sanctionable under DC 10.2.1 or 10.3.1
An Athlete or other Person potentially subject to a four-year sanction under DC 10.2.1 or 10.3.1 (for evading or refusing Sample collection or tampering with Sample collection), by promptly admitting the asserted anti-doping rule violation after being confronted by FINA or Member Federation, and also upon the approval and at the discretion of both WADA and FINA, may receive a reduction in the period of Ineligibility down to a minimum of two years, depending on the severity of the violation and the Athlete or other Person’s degree of Fault.

DC 10.6.4 Application of multiple grounds for reduction of a sanction
Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of DC 10.4, 10.5 or 10.6, before applying any reduction or suspension under DC 10.6, the otherwise applicable period of Ineligibility shall be determined in accordance with DC 10.2, 10.3, 10.4 and 10.5. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under DC 10.6, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.

[Comment to DC 10.6.4: The appropriate sanction is determined in a sequence of four steps. First, the hearing panel determines which of the basic sanctions (DC 10.2, DC 10.3, DC 10.4 or DC 10.5) applies to the particular anti-doping rule violation. Second, if the basic sanction provides for a range of sanction, the hearing panel must determine the applicable sanction within that range according to the Athlete or other Person’s degree of Fault. In a third step, the hearing panel establishes whether there is a basis for elimination, suspension, or reduction of the sanction (DC 10.6). Finally, the hearing panel decides on the commencement of the period of Ineligibility under DC 10.11. Several examples of how DC 10 is to be applied are found in Appendix 2.]