The Anti-Doping Regulations

Legal Notice 211 of 2020

This is the latest version of this Legal Notice.

LAWS OF KENYA

ANTI-DOPING ACT

THE ANTI-DOPING REGULATIONS

LEGAL NOTICE 211 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 235 on 24 December 2020
  • Commenced on 24 December 2020
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Anti-Doping Regulations.

2. Application

(1)The provisions of the World Anti-Doping Rules which are set out in the Schedule to these Regulations have the force of law in Kenya.
(2)The comments annotating various provisions of the World Doping Code (Code) prescribed by the World Anti-Doping Agency (WADA) are incorporated by reference into these Regulations, shall be treated as if set out fully, and shall be used to interpret these Regulations.

3. Revocation of L.N. No. 216/2016

The Anti-Doping Rules, 2016 (L.N. 216/2016) are revoked.

SCHEDULE [r. 2(1)]

THE WORLD ANTI-DOPING RULES

INTRODUCTION

ScopeThese Anti-Doping Rules shall apply to ADAK. They shall also apply to the National Federations as a condition precedent for registration and of receiving financial and/or any other assistance from the National and County Governments of Kenya and/or the National Olympic Committee of Kenya. Each National Sports Federation or Organization of Kenya shall accept and abide by the spirit and terms of Kenya's National Anti-Doping Program and these Anti-Doping Rules and shall incorporate these Anti-Doping Rules either directly or by reference into their governing documents, constitution and/or rules as part of the rules of sport that bind their members and Participants. These Anti-Doping Rules shall also apply to all Persons identified under Section 3 of the Anti-Doping Act (Cap. 245B), and all other Persons over whom the Code gives the Agency jurisdiction, including all Athletes who are nationals of or resident in Kenya, and all Athletes who are present in Kenya, whether to compete or to train or otherwise.

Article 1 – DEFINITION OF DOPING

1. Definition of Doping.Doping is defined as the occurrence of one or more of the Anti-Doping rule violations set forth in Article 2.1 through Article 2.11 of these Anti-Doping Rules.

Article 2 – ANTI-DOPING RULE VIOLATIONS

2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete's Sample.
2.1.1It is the Athletes' personal duty to ensure that no Prohibited Substance enters their bodies. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athlete's part be demonstrated in order to establish an Anti-Doping rule violation under Article 2.1.
2.1.2Sufficient proof of an Anti-Doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete's. A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athlete's B Sample is analyzed and the analysis of the Athlete's B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete's A Sample; or, where the Athlete's A or B Sample is split into two (2) parts and the analysis of the confirmation part of the split Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first part of the split Sample or the Athlete waives analysis of the confirmation part of the split Sample.
2.1.3Excepting those substances for which a Decision Limit is specifically identified in the Prohibited List or a Technical Document, the presence of any reported quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete's Sample shall constitute an Anti-Doping rule violation.
2.1.4As an exception to the general rule of Article 2.1, the Prohibited List, International Standards or Technical Documents may establish special criteria for reporting or the evaluation of certain Prohibited Substances.
2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method.
2.2.1It is the Athletes' personal duty to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is Used. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athlete's part be demonstrated in order to establish an Anti-Doping rule violation for Use of a Prohibited Substance or a Prohibited Method.
2.2.2The success or failure of the Use or Attempted 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 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete.2.4 Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person.2.4 Whereabouts Failures by an Athlete.2.4. Any combination of three (3) missed tests and/or filing failures, as defined in the International Standard for Results Management, within a twelve (12) month period by an Athlete in a Registered Testing Pool.2.5 Tampering or Attempted Tampering.2.5. Tampering or Attempted Tampering with any part of Doping Control by an Athlete or Other Person2.6 Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person.
2.6.1Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption ("TUE") granted in accordance with Article 4.4 or other acceptable justification.
2.6.2Possession by an Athlete Support Person In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete, Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 or other acceptable justification.
2.7 Trafficking or Attempted Trafficking.Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or other Person.2.8 Administration or Attempted Administration.Administration or Attempted Administration by an Athlete or other Person to any Athlete In-Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method that is prohibited Out-of-Competition.2.9 Complicity or Attempted Complicity by an Athlete or Other Person.Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity or Attempted complicity involving an Anti-Doping rule violation, Attempted Anti-Doping rule violation or violation of Article 10.14.1 by another Person.2.10 Prohibited Association by an Athlete or Other Person.
2.10.1Association by an Athlete or other Person subject to the authority of an Anti-Doping Organization in a professional or sport-related capacity with any Athlete Support Person who:
2.10.1.1If subject to the authority of an Anti-Doping Organization, is serving a period of Ineligibility; or
2.10.1.2If not subject to the authority of an Anti-Doping Organization, and where Ineligibility has not been addressed in a Results Management process pursuant to the Code, has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of Anti-Doping rules if Code-compliant rules had been applicable to such Person. The disqualifying status of such Person shall be in force for the longer of six (6) years from the criminal, professional or disciplinary decision or the duration of the criminal disciplinary or professional sanction imposed; or
2.10.1.3Is serving as a front or intermediary for an individual described in Article 2.10.1.1 or 2.10.1.2.
2.10.2To establish a violation of Article 2.10, an Anti-Doping Organization must establish that the Athlete or other Person knew of the Athlete Support Person's disqualifying status.
The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 2.10.1.1 or 2.10.1.2 is not in a professional or sport-related capacity and/or that such association could not have been reasonably avoided.Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1.1, 2.10.1.2 or 2.10.1.3 shall submit that information to WADA.2.11 Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities.Where such conduct does not otherwise constitute a violation of Article 2.5:
2.11.1Any act which threatens or seeks to intimidate another Person with the intent of discouraging the Person from the good-faith reporting of information that relates to an alleged Anti-Doping rule violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organization, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization.
2.11.2Retaliation against a Person who, in good faith, has provided evidence or information that relates to an alleged Anti-Doping rule violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organization, law enforcement, regulatory or professional disciplinary body, hearing body or Person conducting an investigation for WADA or an Anti-Doping Organization.
For purposes of Article 2.11, retaliation, threatening and intimidation include an act taken against such Person either because the act lacks a good faith basis or is a disproportionate response.

Article 3 – PROOF OF DOPING

3.1 Burdens and Standards of Proof.ADAK shall have the burden of establishing that an Anti-Doping rule violation has occurred. The standard of proof shall be whether ADAK has established an Anti-Doping rule violation to the comfortable satisfaction of the hearing panel, bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Anti-Doping Rules place 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 or circumstances, except as provided in Articles 3.2.2 and 3.2.3, the standard of proof shall be by a balance of probability.3.2 Methods of Establishing Facts and Presumptions.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:
3.2.1Analytical methods or Decision Limits approved by WADA after consultation within the relevant scientific community or which have been the subject of peer review are presumed to be scientifically valid. Any Athlete or other Person seeking to challenge whether the conditions for such presumption have been met or to rebut this presumption of scientific validity, shall as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. The initial hearing body, appellate body or CAS, on its own initiative, may also inform WADA of any such challenge. Within ten (10) days of WADA's receipt of such notice and the case file related to such challenge, WADA shall also have the right to intervene as a party, appear as amicus curiae or otherwise provide evidence in such proceeding. In cases before CAS, at WADA's request, the CAS panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge.
3.2.2WADA-accredited laboratories, and other laboratories approved by WADA, are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding.If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding, then ADAK shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.
3.2.3Departures from any other International Standard or other Anti-Doping rule or policy set forth in the Code or these Anti-Doping Rules shall not invalidate analytical results or other evidence of an Anti-Doping rule violation, and shall not constitute a defense to an Anti-Doping rule violation; provided, however, if the Athlete or other Person establishes that a departure from one of the specific International Standard provisions listed below could reasonably have caused an Anti-Doping rule violation based on an Adverse Analytical Finding or whereabouts failure, then ADAK shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the whereabouts failure:
(i)a departure from the International Standard for Testing and Investigations related to Sample collection or Sample handling which could reasonably have caused an Anti-Doping rule violation based on an Adverse Analytical Finding, in which case ADAK shall have the burden to establish that such departure did not cause the Adverse Analytical Finding;
(ii)a departure from the International Standard for Results Management or International Standard for Testing and Investigations related to an Adverse Passport Finding which could reasonably have caused an Anti-Doping rule violation in which case ADAK shall have the burden to establish that such departure did not cause the Anti-Doping rule violation;
(iii)a departure from the International Standard for Results Management related to the requirement to provide notice to the Athlete of the B Sample opening which could reasonably have caused an Anti-Doping rule violation based on an Adverse Analytical Finding, in which case ADAK shall have the burden to establish that such departure did not cause the Adverse Analytical Finding;
(iv)a departure from the International Standard for Results Management related to Athlete notification which could reasonably have caused an Anti-Doping rule violation based on a whereabouts failure, in which case ADAK shall have the burden to establish that such departure did not cause the whereabouts failure.
3.2.4The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice.
3.2.5The hearing panel in a hearing on an Anti-Doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an Anti-Doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing panel or ADAK.

Article 4 – THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List.These Anti-Doping Rules incorporate the Prohibited List which is published and revised by WADA as described in Article 4.1 of the Code.Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules three (3) months after publication by WADA without requiring any further action by ADAK. All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without further formality. It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up to date version of the Prohibited List and all revisions thereto.4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List.
4.2.1Prohibited Substances and Prohibited MethodsThe Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition 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. The Prohibited List may be expanded by WADA for a particular sport. Prohibited Substances and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular substance or method.
4.2.2Specified Substances or Specified MethodsFor purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List. No Prohibited Method shall be a Specified Method unless it is specifically identified as a Specified Method on the Prohibited List.
4.2.3Substances of Abuse
For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport.4.3 WADA's Determination of the Prohibited List.WADA's determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance, Specified Method or Substance of Abuse is final and shall not be subject to any challenge by an Athlete or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.4.4 Therapeutic use Exemptions ("TUEs").
4.4.1The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method shall not be considered an Anti-Doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.
4.4.2TUE Application Process
4.4.2.1Any Athlete who is not an International-Level Athlete shall apply to ADAK for a TUE as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply. The application shall be made in accordance with Article 6 of the International Standard for Therapeutic Use Exemptions as posted on ADAK’s website.
4.4.2.2ADAK shall establish Therapeutic Use Exemption Committee ("TUEC") to consider applications for the grant or recognition of TUEs.
4.4.2.3The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unless exceptional circumstances apply) within no more than twenty-one (21) days of receipt of a complete application. Where the application is made in a reasonable time prior to an Event, the TUEC must use its best endeavors to issue its decision before the start of the Event.
4.4.2.4The TUEC decision shall be the final decision of ADAK and may be appealed in accordance with Article 4.4. 6. ADAKTUEC decision shall be notified in writing to the Athlete, and to WADA and other Anti-Doping Organizations in accordance with the International Standard for Therapeutic Use Exemptions. It shall also promptly be reported into ADAMS.
4.4.3Retroactive TUE ApplicationsIf ADAK chooses to test an Athlete who is not an International-Level or a National-Level Athlete, ADAK must permit that Athlete to apply for a retroactive TUE for any Prohibited Substance or Prohibited Method that he or she is Using for therapeutic reasons.
4.4.4TUE Recognition
A TUE granted by ADAK is valid at any national level in any country and does not need to be formally recognized by any other National Anti-Doping Organization.However, it is not automatically valid if the Athlete becomes an International-Level Athlete or competes in an International Event, unless it is recognized by the relevant International Federation or Major Event Organization in accordance with the International Standard for Therapeutic Use Exemptions as follows:
4.4.4.1Where the Athlete already has a TUE granted by ADAK for the substance or method in question, unless their TUE will be automatically recognized by the International Federation or Major Event Organization, the Athlete shall apply to their International Federation or to the Major Event Organization to recognize that TUE. If that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions, then the International Federation or Major Event Organization must recognize it.
If the International Federation or Major Event Organization considers that the TUE granted by ADAK does not meet those criteria and so refuses to recognize it, the International Federation shall promptly notify the Athlete and ADAK with reasons. The Athlete and/or ADAK shall have twenty one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.6.If the matter is referred to WADA for review in accordance with Article 4.4.6, the TUE granted by ADAK remains valid for national level Competition and Out-of-Competition Testing (but is not valid for international-level Competition) pending WADA's decision.If the matter is not referred to WADA for review within the twenty-one (21) day deadline, ADAK must determine whether the original TUE that it granted should nevertheless remain valid for national-level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International-Level Athlete and does not participate in International-level Competition). Pending ADAK's decision, the TUE remains valid for national-level Competition and Out-of-Competition Testing (but is not valid for international-level Competition).
4.4.4.2If the Athlete does not already have a TUE granted by ADAK for the substance or method in question, the Athlete must apply directly to the International Federation for a TUE in accordance with the process set out in the International Standard for Therapeutic Use Exemptions as soon as the need arises.If the International Federation denies the Athlete’s application, it shall notify the Athlete promptly, with reasons.If the International Federation grants the Athlete’s application, it shall notify the Athlete and ADAK. If ADAK considers that the TUE granted by the International Federation does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has twenty-one (21) days from such notification to refer the matter to WADA for review.If ADAK refers the matter to WADA for review, the TUE granted by the International Federation remains valid for international-Ievel Competition and Out-of-Competition Testing (but is not valid for national level Competition) pending WADA's decision.If ADAK does not refer the matter to WADA for review, the TUE granted by the International Federation becomes valid for national-level Competition as well when the twenty-one (21) day review deadline expires.
4.4.5Expiration, Withdrawal or Reversal of a TUE
4.4.5.1A TUE granted pursuant to these Anti-Doping Rules:
(a)shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality;
(b)will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE;
(c)may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or
(d)may be reversed on review by WADA or on appeal.
4.4.5.2In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, withdrawal, or reversal of the TUE. The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, reported shortly after the TUE expiry, withdrawal, or reversal, shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no Anti-Doping rule violation shall be asserted.
4.4.6Reviews and Appeals of TUE Decisions
4.4.6.1If ADAK denies an application for a TUE, the Athlete may appeal exclusively to the national-level appeal body described in Article 13.2.2.
4.4.6.2WADA must review an International Federation's decision not to recognize a TUE granted by ADAK that is referred to WADA by the Athlete or ADAK. In addition, WADA must review an International Federation's decision to grant a TUE that is referred to WADA by ADAK. WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it. If the TUE decision does not meet those criteria WADA will reverse it.
4.4.6.3Any TUE decision by an International Federation (or by ADAK where it has agreed to consider the application on behalf of an International Federation) that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or ADAK, exclusively to CAS.
4.4.6.4A decision by WADA to reverse a TUE decision may be appealed by the Athlete, ADAK and/or the International Federation affected, exclusively to CAS.
4.4.6.5A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal.

Article 5 – TESTING AND INVESTIGATIONS

5.1 Purpose of Testing and Investigations.
5.1.1Testing and investigations may be undertaken for any Anti-Doping purpose. They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations.
5.1.2Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete's Sample) or Article 2.2 (Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method).
5.2 Authority to Test.
5.2.1Subject to the limitations for Event Testing set out in Article 5.3, ADAK shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti-Doping Rules (Section "Scope of these Anti-Doping Rules").
5.2.2ADAK may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.
5.2.3WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7. 10 of the Code.
5.2.4If an International Federation or Major Event Organization delegates or contracts any part of Testing to ADAK directly or through a National Federation, ADAK may collect additional Samples or direct the laboratory to perform additional types of analysis at ADAK's expense. If additional Samples are collected or additional types of analysis are performed, the International Federation or Major Event Organization shall be notified.
5.3 Event Testing.
5.3.1Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period. At International Events held in Kenya, the international organization which is the ruling body for the Event shall have authority to conduct Testing. At National Events held in Kenya ADAK shall have authority to conduct Testing. At the request of the ruling body for an Event, any Testing conducted during the Event Period outside of the Event Venues shall be coordinated with the ruling body of the Event.
5.3.2If an Anti-Doping Organization, which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event, desires to conduct Testing of Athletes at the Event Venues during the Event Period, the Anti-Doping Organization shall first confer with the ruling body of the Event to obtain permission to conduct and coordinate such Testing. If the Anti-Doping Organization is not satisfied with the response from the ruling body of the Event, the Anti-Doping Organization may, in accordance with procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testing.
WADA shall not grant approval for such Testing before consulting with and informing the ruling body for the Event. WADA's decision shall be final and not subject to appeal. Unless otherwise provided in the authorization to conduct Testing, such tests shall be considered Out-of-Competition tests. Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event.5.4 Testing Requirements.
5.4.1ADAK shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.
5.4.2Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.
5.5 Athlete Whereabouts Information.
5.5.1ADAK has established a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Article 2.4 violations as provided in Article 10.3.2. ADAK shall coordinate with International Federations to identify such Athletes and to collect their whereabouts information.
5.5.2ADAK shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name. ADAK shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall periodically (but not less than quarterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria. Athletes shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool. The notification shall contain the information set out in the International Standard for Testing and Investigations.
5.5.3Where an Athlete is included in an International Registered Testing Pool by their International Federation and in a national Registered Testing Pool by ADAK, ADAK and the International Federation shall agree between themselves which of them shall accept that Athlete’s whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.
5.5.4In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following:
(a)advise ADAK of his/her whereabouts on a quarterly basis;
(b)update that information as necessary so that it remains accurate and complete at all times; and
(c)make himself or herself available for Testing at such whereabouts.
5.5.5For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Results Management, where the conditions set forth in Annex B are met.
5.5.6An Athlete in ADAK's Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to ADAK that he or she has retired; or (b) ADAK has informed him or her that he or she no longer satisfies the criteria for inclusion in ADAK's Registered Testing Pool.
5.5.7Whereabouts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organizations having authority to test that Athlete as provided in Article 5.2. Whereabouts information shall be maintained in strict confidence at all times: it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control, providing information relevant to the Athlete Biological Passport or other analytical results, to support an investigation into a potential Anti-Doping rule violation, or to support proceedings alleging an Anti-Doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protection of Privacy and Personal Information.
5.5.8In accordance with the International Standard for Testing and Investigations, ADAK has established a Testing Pool, which includes Athletes who are subject to less stringent whereabouts requirements than Athletes included in ADAK's Registered Testing Pool.
5.5.9ADAK shall notify Athletes before they are included in the Testing Pool and when they are removed. Such notification shall include the whereabouts requirements and the consequences that apply in case of non-compliance is indicated in Articles 5.5.10 and 5.5.11.
5.5.10Athletes included in the Testing Pool shall provide ADAK with the following whereabouts information so that they may be located and subjected to Testing:
(a)An overnight address;
(b)Competition/ Event schedule; and
(c)Regular training activities.
such whereabouts information shall be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations.
5.5.11An Athlete’s failure to provide whereabouts information on or before the date required by ADAK or the Athlete’s failure to provide accurate whereabouts information shall result in ADAK elevating the Athlete to ADAK’s Registered Testing Pool.
5.5.12ADAK may, in accordance with the International Standard for Testing and Investigations, collect whereabouts information from Athletes who are not included within a Registered Testing Pool or Testing Pool. If it chooses to do so, an Athlete's failure to provide requested whereabouts information on or before the date required by ADAK or the Athlete's failure to provide accurate whereabouts information shall result in ADAK elevating the Athlete to ADAK’s Registered Testing Pool.
5.6 Retired Athletes Returning to Competition.
5.6.1If an International-Level Athlete or National-Level Athlete in ADAK’s Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing, by giving six (6) months prior written notice to their International Federation and ADAK.WADA, in consultation with ADAK and the Athlete’s International Federation, may grant an exemption to the six (6) month written notice rule where the strict application of that rule would be unfair to the Athlete. This decision may be appealed under Article 13.Any competitive results obtained in violation of this Article 5.6.1 shall be Disqualified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event.
5.6.2If an Athlete retires from sport while subject to a period of Ineligibility, the Athlete must notify the Anti-Doping Organization that imposed the period of Ineligibility in writing of such retirement. If the Athlete then wishes to return to active Competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made himself or herself available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to ADAK and to their International Federation.
5.7 Independent Observer Program.ADAK and any organizing committees for National Events in Kenya, shall authorize and facilitate the Independent Observer Program at such Events.

Article 6 – ANALYSIS OF SAMPLES

6.1 Use of Accredited, Approved Laboratories and Other Laboratories.Samples shall be analyzed in accordance with the following principles:
6.1.1For purposes of directly establishing an Adverse Analytical Finding under Article 2.1, Samples shall be analyzed only in WADA-accredited laboratories or laboratories otherwise approved by WADA. The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by ADAK.
6.1.2As provided in Article 3.2, facts related to Anti-Doping rule violations may be established by any reliable means. This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited or approved laboratories.
6.2 Purpose of Analysis of Samples and Data.
6.2.1Samples and related analytical data or Doping Control information shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the monitoring program described in Article 4.5 of the Code, or to assist ADAK in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate Anti-Doping purpose.
6.3 Research on Samples and Data.Samples, related analytical data and Doping Control information may be used for Anti-Doping research purposes, although no Sample may be used for research without the Athlete’s written consent. Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete. Any research involving Samples and related analytical data, or Doping Control information shall adhere to the principles set out in Article 19 of the Code.6.4 Standards for Sample Analysis and Reporting.In accordance with Article 6.4 of the Code, ADAK shall ask laboratories to analyze Samples in conformity with the International Standard for Laboratories and Article 4.7 of the International Standard for Testing and Investigations.Laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by ADAK. Results from any such analysis shall be reported to ADAK and have the same validity and Consequences as any other analytical result.6.5 Further Analysis of a Sample Prior to or During Results Management or Hearing Process.There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time ADAK notifies an Athlete that the Sample is the basis for an Article 2.1 Anti-Doping rule violation charge. If after such notification ADAK wishes to conduct additional analysis on that Sample, it may do so with the consent of the Athlete or approval from a hearing body.6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti-Doping Rule Violation Charge.After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an Anti-Doping rule violation charge, it may be stored and subjected to further analyses for the purpose of Article 6.2 at any time exclusively at the direction of either the Anti-Doping Organization that initiated and directed Sample collection or WADA. Any other Anti-Doping Organization with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organization that initiated and directed Sample collection or WADA, and shall be responsible for any follow-up Results Management. Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organization shall be at WADA's or that organization's expense. Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.6.7 Split of A or B Sample.Where WADA, an Anti-Doping Organization with Results Management authority, and/or a WADA-accredited laboratory (with approval from WADA or the Anti-Doping Organization with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.6.8 WADA's Right to Take Possession of Samples and Data.WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or Anti-Doping Organization. Upon request by WADA, the laboratory or Anti-Doping Organization in possession of the Sample shall immediately grant access to and enable WADA to take physical possession of the Sample.If WADA has not provided prior notice to the laboratory or Anti-Doping Organization before taking possession of a Sample, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples have been taken by WADA within a reasonable time after taking possession. After analysis and any investigation of a seized Sample, WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample if a potential Anti-Doping rule violation is discovered.

Article 7 – RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS

7.1 Responsibility for Conducting Results Management.Results Management under these Anti-Doping Rules establishes a process designed to resolve Anti-Doping rule violation matters in a fair, expeditious and efficient manner.
7.1.1Except as otherwise provided in Articles 6.6, 6.8 and Code Article 7.1, Results Management shall be the responsibility of, and shall be governed by, the procedural rules of the Anti-Doping Organization that initiated and directed Sample collection (or, if no Sample collection is involved, the Anti-Doping Organization which first provides notice to an Athlete or other Person of a potential Anti-Doping rule violation and then diligently pursues that Anti-Doping rule violation).
7.1.2In circumstances where the rules of a National Anti-Doping Organization do not give the National Anti-Doping Organization authority over an Athlete or other Person who is not a national, resident, license holder, or member of a sport organization of that country, or the National Anti-Doping Organization declines to exercise such authority, Results Management shall be conducted by the applicable International Federation or by a third party with authority over the Athlete or other Person as directed by the rules of the applicable International Federation.
7.1.3Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by the International Federation or ADAK with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management. If ADAK determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS, where it will be made available to other relevant Anti-Doping Organizations.
7.1.4Other circumstances in which ADAK shall take responsibility for conducting Results Management in respect of Anti-Doping rule violations involving Athletes and other Persons under its authority shall be determined by reference to and in accordance with Article 7 of the Code.
7.1.5WADA may direct ADAK to conduct Results Management in particular circumstances. If ADAK refuses to conduct Results Management within a reasonable deadline set by WADA, such refusal shall be considered an act of non-compliance, and WADA may direct another Anti-Doping Organization with authority over the Athlete or other Person, that is willing to do so, to take Results Management responsibility in place of ADAK or, if there is no such Anti-Doping Organization, any other Anti-Doping Organization that is willing to do so. In such case, ADAK shall reimburse the costs and attorney's fees of conducting Results Management to the other Anti-Doping Organization designated by WADA, and a failure to reimburse costs and attorney's fees shall be considered an act of non-compliance.
7.2 Review and Notification Regarding Potential Anti-Doping Rule Violations.ADAK shall carry out the review and notification with respect to any potential Anti-Doping rule violation in accordance with the International Standard for Results Management.7.3 Identification of Prior Anti-Doping Rule Violations.Before giving an Athlete or other Person notice of a potential Anti-Doping rule violation as provided above, ADAK shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior Anti-Doping rule violation exists.7.4 Provisional Suspensions.
7.4.1Mandatory Provisional Suspension after an Adverse Analytical Finding or Adverse Passport FindingIf ADAK receives an Adverse Analytical Finding or an Adverse Passport Finding (upon completion of the Adverse Passport Finding review process) for a Prohibited Substance or a Prohibited Method that is not a Specified Substance or a Specified Method, it shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 7.2.
A mandatory Provisional Suspension may be eliminated if:
(i)the Athlete demonstrates to the ADAK’s Hearing Panel that the violation is likely to have involved a Contaminated Product, or
(ii)the violation involves a Substance of Abuse and the Athlete establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1.
The ADAK’s Hearing Panel's decision not to eliminate a mandatory Provisional Suspension on account of the Athlete's assertion regarding a Contaminated Product shall not be appealable.
7.4.2Optional Provisional Suspension Based on an Adverse Analytical Finding for Specified Substances, Specified Methods, Contaminated Products, or Other Anti-Doping Rule Violations.ADAK may impose a Provisional Suspension for Anti-Doping rule violations not covered by Article 7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 8.An optional Provisional Suspension may be lifted at the discretion of ADAK at any time prior to the ADAK's Hearing Panel's decision under Article 8, unless provided otherwise in the International Standard for Results Management.
7.4.3Opportunity for Hearing or Appeal
Notwithstanding Articles 7.4.1 and 7.4.2, a Provisional Suspension may not be imposed unless the Athlete or other Person is given:
(a)an opportunity for a Provisional Hearing, either before or on a timely basis after imposition of the Provisional Suspension; or
(b)an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after imposition of the Provisional Suspension.
The imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, may be appealed in an expedited process in accordance with Article 13.2.
7.4.4Voluntary Acceptance of Provisional Suspension
Athletes on their own initiative may voluntarily accept a Provisional Suspension if done so prior to the later of:
(i)the expiration of ten (10) days from the report of the B Sample (or waiver of the B Sample) or ten (10) days from the notice of any other Anti-Doping rule violation; or
(ii)the date on which the Athlete first competes after such report or notice.
Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten (10) days from the notice of the Anti-Doping rule violation.Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.4.1 or 7.4.2; provided, however, at any time after voluntarily accepting a Provisional Suspension, the Athlete or other Person may withdraw such acceptance, in which event the Athlete or other Person shall not receive any credit for time previously served during the Provisional Suspension.
7.4.5If 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 ADAK) 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 Article 2.1. In circumstances where the Athlete (or the Athlete’s team) has been removed from an Event based on a violation of Article 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 Event, the Athlete or team may continue to take part in the Event.
7.5 Results Management Decisions.Results Management decisions or adjudications by ADAK must not purport to be limited to a particular geographic area or sport and shall address and determine without limitation the following issues:
(i)whether an Anti-Doping rule violation was committed or a Provisional Suspension should be imposed, the factual basis for such determination, and the specific Articles that have been violated, and
(ii)all Consequences flowing from the Anti-Doping rule violation(s), including applicable Disqualifications under Articles 9 and 10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences.
7.6 Notification of Results Management Decisions.ADAK shall notify Athletes, other Persons, Signatories and WADA of Results Management decisions as provided in Article 14.2 and in the International Standard for Results Management.7.7 Retirement from SportIf an Athlete or other Person retires while the ADAK's Results Management process is underway, ADAK retains authority to complete its Results Management process. If an Athlete or other Person retires before any Results Management process has begun, and ADAK would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an Anti-Doping rule violation, ADAK has authority to conduct Results Management.

Article 8 – RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION

For any Person who is asserted to have committed an Anti-Doping rule violation, ADAK shall provide a fair hearing within a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the Code and the International Standard for Results Management.8.1 Fair Hearings.
8.1.1Fair, Impartial and Operationally Independent Hearing Panel
8.1.1.1ADAK shall establish a Hearing Panel (Results Management Panel) which under Anti-Doping Act, has jurisdiction to hear and determine whether an Athlete or other Person, subject to these Anti-Doping Rules, has committed an Anti-Doping rule violation, and if applicable, to impose relevant Consequences.
8.1.1.2ADAK shall ensure that the Hearing Panel is free of conflict of interest and that its composition, term of office, professional experience, Operational Independence and adequate financing comply with the requirements of International Standard for Results Management.
8.1.1.3Board members, staff members, commission members, consultants and officials of ADAK or its bodies, as well as any Person involved in the investigation and pre-adjudication of the matter, cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of ADAK's Hearing Panel. In particular, no member shall have previously considered any TUE application, Results Management decision, or appeals in the same given case.
8.1.1.4The Hearing Panel shall be in a position to conduct the hearing and decision-making process without interference from ADAK or any third party.
8.1.2Hearing process
8.1.2.1When ADAK sends a notice to an Athlete or other Person notifying them of a potential Anti-Doping rule violation, and the Athlete or other Person does not waive a hearing in accordance with Article 8.3.1 or Article 8.3.2, then the case shall be referred to the Hearing Panel for hearing and adjudication, which shall be conducted in accordance with the principles described in Anti-Doping Act, Articles 8 and 9 of the International Standard for Results Management.
8.1.2.2Upon appointment by the Chair as a member of ADAK’s Hearing Panel, each member must also sign a declaration that there are no facts or circumstances known to him or her which might call into question their impartiality in the eyes of any of the parties other than those circumstances disclosed in the declaration.
8.1.2.3Hearings held in connection with Events in respect to Athletes and other Persons who are subject to these Anti-Doping Rules may be conducted by an expedited process where permitted by the ADAK’s Hearing Panel.
8.1.2.4WADA, the International Federation, and the National Federation of the Athlete or other Person may attend the hearing as observers. In any event, ADAK shall keep them fully apprised as to the status of pending cases and the result of all hearings.
8.2 Notice of Decisions.
8.2.1At the end of the hearing, or promptly thereafter, the Hearing Panel shall issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable, a justification for why the greatest potential Consequences were not imposed.
8.2.2ADAK shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS. The decision may be appealed as provided in Article 13.
8.3 Waiver of Hearing.
8.3.1An Athlete or other Person against whom an Anti-Doping violation is asserted may admit that violation at any time, waive a hearing and accept the Consequences proposed by ADAK and may, if applicable benefit from a Results Management agreement under the conditions set out in Article 10.8.
8.3.2However, if the Athlete or other Person against whom an Anti-Doping rule violation is asserted fails to dispute that assertion within fourteen (14) days, then they shall be deemed to have admitted the violation, to have waived a hearing, and to have accepted the proposed Consequences.
8.3.3In cases where Article 8.3.1 or 8.3.2 applies, a hearing before the Hearing Panel shall not be required. Instead ADAK shall promptly issue a written decision that conforms with Article 9 of the International Standard for Results Management and which includes the full reasons for the decision, the period of Ineligibility imposed, the Disqualification of results under Article 10.10 and, if applicable a justification for why the greatest potential Consequences were not imposed.
8.3.4ADAK shall notify that decision to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS. ADAK shall Publicly Disclose that decision in accordance with Article 14.3.2.
8.4 Single Hearing Before CAS.Anti-Doping rule violations asserted against International-Level Athletes, National-Level Athletes or other Persons may, with the consent of the Athlete or other Person, ADAK (where it has Results Management responsibility in accordance with Article 7) and WADA, be heard in a single hearing directly at CAS.

Article 9 – AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

9.1 Automatic disqualification.An Anti-Doping rule violation in Individual Sports in connection with an In Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes.

Article 10 – SANCTIONS ON INDIVIDUALS

10.1 Disqualification of Results in the Event during which an Anti-Doping Rule Violation Occurs.
10.1.1An Anti-Doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event, 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 10.1.2.
Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete’s Anti-Doping rule violation and whether the Athlete tested negative in the other Competitions.
10.1.2If 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.
10.2 Ineligibility for Presence Use or Attempted Use or Possession of a Prohibited Substance or Prohibited Method.The period of Ineligibility for a violation of Article 2.1, 2.2 or 2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 10.5, 10.6 or 10.7:
10.2.1The period of Ineligibility, subject to Article 10.2.4 shall be four (4) years where:
10.2.1.1The Anti-Doping rule violation does not involve a Specified Substance or a Specified Method, unless the Athlete or other Person can establish that the Anti-Doping rule violation was not intentional.
10.2.1.2The Anti-Doping rule violation involves a Specified Substance, or a Specified Method and ADAK can establish that the Anti-Doping rule violation was intentional.
10.2.2If Article 10.2.1 does not apply, subject to Article 10.2.4.1, the period of Ineligibility shall be two (2) years.
10.2.3As used in Article 10.2, the term intentional is meant to identify those Athletes or other Persons who engage in conduct which they knew constituted an Anti-Doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an Anti-Doping rule violation and manifestly disregarded that risk. An Anti-Doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In Competition shall be rebuttably presumed to be not "intentional" if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition. An Anti-Doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered "intentional" if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.
10.2.4Notwithstanding any other provision in Article 10.2, where the Anti-Doping rule violation involves a Substance of Abuse:
10.2.4.1If the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, then the period of Ineligibility shall be three (3) months Ineligibility.
In addition, the period of Ineligibility calculated under this Article 10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by ADAK. The period of Ineligibility established in this Article 10.2.4.1 is not subject to any reduction based on any provision in Article 10.6.
10.2.4.2If the ingestion, Use or Possession occurred In-Competition, and the Athlete can establish that the context of the ingestion, Use or Possession was unrelated to sport performance, then the ingestion, Use or Possession shall not be considered intentional for purposes of Article 10.2.1 and shall not provide a basis for a finding of Aggravating Circumstances under Article 10.4.
10.3 Ineligibility for Other Anti-Doping Rule Violations.The period of Ineligibility for Anti-Doping rule violations other than as provided in Article 10.2 shall be as follows, unless Article 10.6 or 10.7 are applicable:
10.3.1For violations of Article 2.3 or 2.5, the period of Ineligibility shall be four (4) years except:
(i)in the case of failing to submit to Sample collection, if the Athlete can establish that the commission of the Anti-Doping rule violation was not intentional, the period of Ineligibility shall be two (2) years;
(ii)in all other cases, if the Athlete or other Person can establish exceptional circumstances that justify a reduction of the period of Ineligibility the period of Ineligibility, shall be in a range from two (2) years to four (4) years depending on the Athlete or other Person's degree of Fault; or
(iii)in a case involving a Protected Person or Recreational Athlete, the period of Ineligibility shall be in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility, depending on the Protected Person or Recreational Athlete’s degree of Fault.
10.3.2For violations of Article 2.4, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete's degree of Fault. The flexibility between two(2) years and one (1) year of Ineligibility in this Article is not available to Athletes where a pattern of last- minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing.
10.3.3For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four (4) years up to lifetime Ineligibility, depending on the seriousness of the violation. An Article 2.7 or Article 2.8 violation involving a Protected Person shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances, shall result in lifetime Ineligibility for Athlete Support Personnel. In addition, significant violations of Article 2.7 or 2.8, which may also violate non sporting laws and regulations, shall be reported to the competent administrative professional or judicial authorities.
10.3.4For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two (2) years, up to lifetime Ineligibility, depending on the seriousness of the violation.
10.3.5For violations of Article 2.10, the period of Ineligibility shall be two (2) years, subject to reduction down to a minimum of one (1) year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.
10.3.6For violations of Article 2.11, the period of Ineligibility shall be a minimum of two (2) years, up to lifetime Ineligibility, depending on the seriousness of the violation by the Athlete or other Person.
10.4 Aggravating Circumstances which may increase the Period of Ineligibility.If ADAK establishes in an individual case involving an Anti-Doping rule violation other than violations under Article 2.7 (Trafficking or Attempted Trafficking), 2.8 (Administration or /Attempted Administration), 2.9 (Complicity) or 2.11 (Acts by an Athlete or other Person to Discourage or Retaliate Against Reporting) that Aggravating Circumstances are present which justify the imposition of a period of Ineligibility greater than the standard sanction, then the period of Ineligibility otherwise applicable shall be increased by an additional period of Ineligibility of up to two (2) years depending on the seriousness of the violation and the nature of the Aggravating Circumstances unless the Athlete or other Person// can establish that he or she did not knowingly commit the Anti-Doping rule violation.10.5 Elimination of the Period of Ineligibility where there is No Fault or Negligence.If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.10.6 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence.
10.6.1Reduction of Sanctions in Particular Circumstances for Violations of Article 2.1, 2.2 or 2.6.All reductions under Article 10.6.1 are mutually exclusive and not cumulative.
10.6.1.1Specified Substances or Specified Methods
Where the Anti-Doping rule violation involves a Specified Substance (other than a Substance of Abuse) or Specified Method, and the Athlete or other Person can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years of Ineligibility, depending on the Athletes or other Person’s degree of Fault.
10.6.1.2Contaminated Products
In cases where the Athlete or other Person can establish both No Significant Fault or Negligence and that the detected Prohibited Substance (other than a Substance of Abuse) came from a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the Athlete or other Person’s degree of Fault.
10.6.1.3Protected Persons or Recreational Athletes
Where the Anti-Doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Athlete, and the Protected Person or Recreational Athlete can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the Protected Person or Recreational Athlete's degree of Fault.
10.6.2Application of No Significant Fault or Negligence beyond the Application of Article 10.6.1If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not applicable, that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in Article 10.7, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Person’s degree of Fault but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight (8) years.
10.7 Elimination, Reduction or Suspension of Period of Ineligibility or other Consequences for Reasons other than Fault.
10.7.1Substantial Assistance in Discovering or Establishing Code Violations
10.7.1.1ADAK may, prior to an appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the Consequences (other than Disqualification and mandatory Public Disclosure) imposed in an individual case where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping Organization, criminal authority or professional disciplinary body which results in:
(i)the Anti-Doping Organization 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 offense or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to ADAK or other Anti-Doping Organization with Results Management responsibility; or
(iii)which results in WADA initiating a proceeding against a Signatory, WADA-accredited laboratory or Athlete passport management unit (as defined in the International Standard for Testing and Investigations) for non-compliance with the Code International Standard or Technical Document; or
(iv)with the approval by WADA, which results in a criminal or disciplinary body bringing forward a criminal offense or the breach of professional or sport rules arising out of a sport integrity violation other than doping. After an appellate decision under Article 13 or the expiration of time to appeal, ADAK may only suspend a part of the otherwise applicable Consequences with the approval of WADA and the applicable International Federation.
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, non-compliance with the Code and/or sport integrity violations.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 Article must be no less than eight (8) years. For purposes of this paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under Article 10.9.3.2 of these Anti-Doping Rules.If so, requested by an Athlete or other Person who seeks to provide Substantial Assistance, ADAK shall allow the Athlete or other Person to provide the information to it subject to a Without Prejudice Agreement.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 Consequences was based, ADAK shall reinstate the original Consequences. If ADAK decides to reinstate suspended Consequences or decides not to reinstate suspended Consequences, that decision may be appealed by any Person entitled to appeal under Article 13.
10.7.1.2To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organizations, at the request of ADAK or at the request of the Athlete or other Person who has, or has been asserted to have, committed an Anti-Doping rule violation, or other violation of the Code, WADA may agree at any stage of the Results Management process, including after an appellate decision under Article 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 Article, or even no period of Ineligibility, no mandatory Public Disclosure and/or no return of prize money or payment of fines or costs. WADA' s approval shall be subject to reinstatement of Consequences, as otherwise provided in this Article. Notwithstanding Article 13, WADA's decisions in the context of this Article 10.7.1.2 may not be appealed.
10.7.1.3If ADAK 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 Article 13.2.3 as provided in Article 14.2. In unique circumstances where WADA determines that it would be in the best interest of Anti-Doping, WADA may authorize ADAK to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.
10.7.2Admission 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 Article 2.1, before receiving first notice of the admitted violation pursuant to Article 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.
10.7.3Application 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 Article 10.5, 10.6 or 10.7, before applying any reduction or suspension under Article 10.7, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.5 and 10.6. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.7, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.10.8 Results Management Agreements.
10.8.1One (1) Year Reduction for Certain Anti-Doping Rule Violations Based on Early Admission and Acceptance of Sanction.
Where an Athlete or other Person, after being notified by ADAK of a potential Anti-Doping rule violation that carries an asserted period of Ineligibility of four (4) or more years (including any period of Ineligibility asserted under Article 10.4), admits the violation and accepts the asserted period of Ineligibility no later than twenty (20) days after receiving notice of an Anti-Doping rule violation charge, the Athlete or other Person may receive a one (1) year reduction in the period of Ineligibility asserted by ADAK. Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.
10.8.2Case Resolution Agreement.
Where the Athlete or other Person admits an Anti-Doping rule violation after being confronted with the Anti-Doping rule violation by ADAK and agrees to Consequences acceptable to ADAK and WADA, at their sole discretion, then:
(a)the Athlete or other Person may receive a reduction in the period of Ineligibility based on an assessment by ADAK and WADA of the application of Articles 10.1 through 10.7 to the asserted Anti-Doping rule violation, the seriousness of the violation, the Athlete or other Person’s degree of Fault and how promptly the Athlete or other Person admitted the violation; and
(b)the period of Ineligibility may start as early as the date of Sample collection or the date on which another Anti-Doping rule violation last occurred. In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one-half of the agreed-upon period of Ineligibility going forward from the earlier of the date the Athlete or other Person accepted the imposition of a sanction or a Provisional Suspension which was subsequently respected by the Athlete or other Person. The decision by WADA and ADAK to enter or not enter into a case resolution agreement, and the amount of the reduction to, and the starting date of the period of Ineligibility, are not matters for determination or review by a hearing body and are not subject to appeal under Article 13.
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, ADAK shall allow the Athlete or other Person to discuss an admission of the Anti Doping rule violation with it subject to a Without Prejudice Agreement.10.9 Multiple Violations.
10.9.1Second or Third Anti-Doping Rule Violation.
10.9.1.1For an Athlete or other Person’s second Anti-Doping rule violation the period of Ineligibility shall be the greater of:
(a)a six (6) month period of Ineligibility; or
(b)a period of Ineligibility in the range between:
(i)the sum of the period of Ineligibility imposed for the first Anti-Doping rule violation plus the period of Ineligibility otherwise applicable to the second Anti Doping rule violation treated as if it were a first violation; and
(ii)twice the period of Ineligibility otherwise applicable to the second Anti-Doping rule violation treated as if it were a first violation.
The period of Ineligibility within this range shall be determined based on the entirety of the circumstances and the Athlete or other Person’s degree of Fault with respect to the second violation.
10.9.1.2A third Anti-Doping rule violation will always result in a lifetime period of Ineligibility except if the third violation fulfills the condition for elimination or reduction of the period of Ineligibility under Article 10.5 or 10.6 or involves a violation of Article 2.4. In these particular cases the period of Ineligibility shall be from eight (8) years to lifetime Ineligibility.
10.9.1.3The period of Ineligibility established in Articles 10.9.1.1 and 10.9.1.2 may then be further reduced by the application of Article 10.7.
10.9.2An Anti-Doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this Article 10.9. In addition an Anti-Doping rule violation sanctioned under Article 10.2.4.1 shall not be considered a violation for purposes of Article 10.9.
10.9.3Additional Rules for Certain Potential Multiple Violations.
10.9.3.1For purposes of imposing sanctions under Article 10.9, except as provided in Articles 10.9.3.2 and 10.9.3.3, an Anti-Doping rule violation will only be considered a second violation if ADAK can establish that the Athlete or other Person committed the additional Anti-Doping rule violation after the Athlete or other Person received notice pursuant to Article 7, or after ADAK made reasonable efforts to give notice of the first Anti-Doping rule violation. If ADAK cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction, including the application of Aggravating Circumstances. Results in all Competitions dating back to the earlier Anti-Doping rule violation will be Disqualified as provided in Article 10.10.
10.9.3.2If ADAK establishes that an Athlete or other Person committed an additional Anti-Doping rule violation prior to notification, and that the additional violation occurred twelve (12) months or more before or after the first-noticed violation, then the period of Ineligibility for the additional violation shall be calculated as if the additional violation were a stand-alone first violation and this period of Ineligibility is served consecutively, rather than concurrently, with the period of Ineligibility imposed for the earlier-noticed violation. Where this Article 10.9.3.2 applies, the violations taken together shall constitute a single violation for purposes of Article 10.9.1.
10.9.3.3If ADAK establishes that an Athlete or other Person committed a violation of Article 2.5 in connection with the Doping Control process for an underlying asserted Anti-Doping rule violation, the violation of Article 2.5 shall be treated as a stand-alone first violation and the period of Ineligibility for such violation shall be served consecutively, rather than concurrently, with the period of Ineligibility, if any, imposed for the underlying Anti-Doping rule violation. Where this Article 10.9.3.3 is applied, the violations taken together shall constitute a single violation for purposes of Article 10.9.1.
10.9.3.4If ADAK establishes that an Athlete or other Person has committed a second or third Anti-Doping rule violation during a period of Ineligibility the periods of Ineligibility for the multiple violations shall run consecutively rather than concurrently.
10.9.4Multiple Anti-Doping Rule Violations during Ten (10) Year Period.
For purposes of Article 10.9, each Anti-Doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations.10.10 Disqualification of Results In Competitions Subsequent to Sample Collection or Commission of an Anti Doping Rule Violation.In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other Anti-Doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes.10.11 Forfeited Prize Money.If ADAK recovers prize money forfeited as a result of an Anti-Doping rule violation, it shall take reasonable measures to allocate and distribute this prize money to the Athletes who would have been entitled to it had the forfeiting Athlete not competed.10.12 Financial Consequences
10.12.1Where an Athlete or other Person commits an Anti-Doping rule violation, ADAK may, in its discretion and subject to the principle of proportionality, elect to—
(a)recover from the Athlete or other Person costs associated with the Anti-Doping rule violation, regardless of the period of Ineligibility imposed and/or.
(b)fine the Athlete or other Person in an amount up to Five Hundred Thousand (500,000) Kenya Shillings only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed.
10.12.2The imposition of a financial sanction or the ADAK's recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti-Doping Rules.
10.13 Commencement of Ineligibility Period.Where an Athlete is already serving a period of Ineligibility for an Anti-Doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. Otherwise, except is provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.
10.13.1Delays Not Attributable to the Athlete or other Person.
Where there have been substantial delays in the hearing process or other aspects of Doping Control, and the Athlete or other Person can establish that such delays are not attributable to the Athlete or other Person, ADAK or ADAK's Hearing Panel, if applicable, may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another Anti-Doping rule violation last occurred. All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.
10.13.2Credit for Provisional Suspension or Period of Ineligibility Served.
10.13.2.1If a Provisional Suspension is respected by the Athlete or other Person then the Athlete or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. If the Athlete or other Person does not respect a Provisional Suspension, then the Athlete or other Person shall receive no credit for any period of Provisional Suspension served. If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal.
10.13.2.2If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from ADAK and thereafter respects the Provisional Suspension, the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted Anti-Doping rule violation under Article 14.1.
10.13.2.3No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athlete elected not to compete or was suspended by a team.
10.13.2.4In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.
10.14 Status During Ineligibility or Provisional Suspension.
10.14.1Prohibition Against Participation During Ineligibility or Provisional Suspension.
No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension, participate in any capacity in a Competition or activity (other than authorized Anti-Doping Education or rehabilitation programs) authorized or organized by any Signatory, Signatory’s member organization, or a club or other member organization of a Signatory’s member organization, or In Competitions authorized or organized by any professional league or any international or national -level Event organization or any elite or national-level sporting activity funded by a governmental agency.An Athlete or other Person subject to a period of Ineligibility longer than four (4) years may, after completing four(4)years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwise under the authority of a Code Signatory or member of a Code Signatory, but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event, and does not involve the Athlete or other Person working in any capacity with Protected Persons.An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by ADAK to provide whereabouts information.
10.14.2Return to Training
As an exception to Article 10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member organization of ADAK's or other Signatory's member organization during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility, or (2) the last one-quarter of the period of Ineligibility imposed.
10.14.3Violation of the Prohibition of Participation During Ineligibility or Provisional Suspension.
Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.14.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length to the original period of Ineligibility shall be added to the end of the original period of Ineligibility. The new period of Ineligibility, including a reprimand and no period of Ineligibility, may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organization whose Results Management led to the imposition of the initial period of Ineligibility This decision may be appealed under Article 13.An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 10.14.1 shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified.Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility or a Provisional Suspension, ADAK shall impose sanctions for a violation of Article 2.9 for such assistance.
10.14.4Withholding of Financial Support during Ineligibility.
In addition, for any Anti-Doping rule violation not involving a reduced sanction as described in Article 10.5 or 10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by ADAK, the Government of Kenya, the National Olympic Committee of Kenya, the National Paralympic Committee of Kenya and the National Federations.10.15 Automatic Publication of Sanction.A mandatory part of each sanction shall include automatic publication as provided in Article 14.3.

Article 11 – CONSEQUENCES TO TEAMS

Consequences for Team Sports11.1 Testing of Team SportsWhere more than one (1) member of a team in a Team Sport has been notified of an Anti-Doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event Period.11.2 Consequences for Team SportsIf more than two (2) members of a team in a Team Sport are found to have committed an Anti-Doping rule violation during an Event Period, the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competition or Event, or other sanction) in addition to any Consequences imposed upon the individual Athletes committing the Anti-Doping rule violation.11.3 Event Ruling Body may Establish Stricter Consequences for Team SportsThe ruling body for an Event may elect to establish rules for the Event which impose Consequences for Team Sports stricter than those in Article 11.2 for purposes of the Event.

Article 12 – SANCTIONS BY ADAK AGAINST OTHER SPORTING BODIES

12. When ADAK becomes aware that a National Sports Federation in Kenya or any other sporting body in Kenya over which it has authority has failed to comply with, implement, uphold and enforce these Anti-Doping Rules within that organization's or body's area of competence, ADAK may elect to request the National Olympic Committee of Kenya, the Government of Kenya or International Federations to take the following additional disciplinary actions, or, where it has the authority, may itself take the following additional disciplinary actions:12.1 Exclude all, or some group of, members of that organization or body from specified future Events or all Events conducted within a specified period of time.12.2 Take additional disciplinary actions with respect to that organization's or body's recognition, the eligibility of their members to participate in the ADAK's activities, and/or fine that Organization or body based on the following:
12.2.1Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. In such event:
(a)all or some group of members of that organization or body may be banned from participation in any ADAK activities for a period of up to two (2) years and/or,
(b)that organization or body may be fined in an amount up to Five Hundred Thousand (500,000) Kenya Shillings.
12.2.2Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed in addition to the violations described in Article 12.2.1 by Athletes or other Persons affiliated with that organization or body during a twelve (12) month period. In such event, that organization or body may be suspended for a period of up to four (4) years.
12.2.3More than one Athlete or other Person affiliated with that organization or body commits an Anti-Doping rule violation during an International Event. In such event, that organization or body may be fined in an amount up to Five Hundred Thousand (500,000) Kenya Shillings.
12.2.4That organization or body has failed to make diligent efforts to keep ADAK informed about an Athlete’s whereabouts after receiving a request for that information from ADAK. In such event, that organization or body may be fined an amount up to Five Hundred Thousand (500,000) Kenya Shillings per Athlete, in addition to reimbursement of all of the ADAK costs incurred in Testing that organization’s or body’s Athletes.
12.2.5A National Federation shall be deregistered by the Registrar of Sports based on any of the following:
12.2.5.1Four (4) or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with a National Sport Federation within a twelve (12) month period.
12.2.5.2More than one Athlete or other Person from a National Sport Federation commits an Anti-Doping Rule violation during an International Event.
12.2.5.3A National Sport Federation has failed to make diligent efforts to keep ADAK informed about an Athlete’s whereabouts after receiving a request for that information from ADAK.
12.3 ADAK has the authority to request the Sports Fund and other relevant public and private authorities to withhold some or all funding or other financial and non-financial support to that organization or body which is not in compliance with these Anti-Doping Rules.12.4 Get that organization or body to reimburse ADAK for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated with that organization or body.

Article 13 – RESULTS MANAGEMENT APPEALS

13.1 Decisions Subject to AppealDecisions made under the Code or these Anti-Doping Rules may be appealed as set forth below in Articles 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.
13.1.1Scope of Review Not Limited
The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. Any Party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.
13.1.2CAS Shall Not Defer to the Findings Being Appealed
In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.
13.1.3WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within ADAK's process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in ADAK’s process.13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Implementation of Decisions and AuthorityA decision that an Anti-Doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an Anti-Doping rule violation, or a decision that no Anti-Doping rule violation was committed; a decision that an Anti-Doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) months' notice requirement for a retired Athlete to return to Competition under Article 5.6.1; a decision by WADA assigning Results Management under Article 7.1 of the Code; a decision by ADAK not to bring forward an Adverse Analytical Finding or an Atypical Finding as an Anti-Doping rule violation or a decision not to go forward with an Anti-Doping rule violation after an investigation in accordance with the International Standard for Results Management; a decision to impose, or lift, a Provisional Suspension as a result of a Provisional Hearing; ADAK’s failure to comply with Article 7.4; a decision that ADAK lacks authority to rule on an alleged Anti-Doping rule violation or its Consequences; a decision to suspend, or not suspend, Consequences or to reinstate, or not reinstate, Consequences under Article 10.7.1; failure to comply with Articles 7.1.4 and 7.1.5 of the Code; failure to comply with Article 10.8.1; a decision under Article 10.14.3; a decision by ADAK not to implement another Anti-Doping Organization’s decision under Article 15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 13.2.
13.2.1Appeals Involving International-Level Athletes or International Events
In cases arising from participation in an International Event or in cases involving International Level Athletes, the decision may be appealed exclusively to CAS.
13.2.2Appeals Involving Other Athletes or Other Persons.
In cases where Article 13.2.1 is not applicable, the decision may be appealed to the ADAK’s Appeal Panel (Sports Tribunal). The appeal process shall be carried out in accordance with the International Standard for Results Management.
13.2.2.1Hearings before the ADAK’s Appeal Panel
13.2.2.1.1The ADAK s Appeal Panel is established under Section 31A of the Anti-Doping Act of Kenya
13.2.2.1.2The appointed members shall be Operationally and Institutionally Independent Board members, staff members, commission members, consultants and officials of ADAK or its affiliates (such as a Delegated Third Party), as well as any Person involved in the investigation, pre-adjudication or Results Management of the matter, cannot be appointed as members and/or clerks of ADAK’s Appeal Panel. In particular, no member shall have previously considered any TUE application, Results Management decision, first instance, or appeal involving the same Athlete in a given case.
13.2.2.1.3ADAK’s Appeal Panel shall be in a position to conduct the hearing and decision making process without interference from ADAK or any third party.
13.2.2.1.4If a member appointed by the Chair to hear a case is unwilling or unable, for whatever reason, to hear the case, the Chair may appoint a replacement or appoint a new hearing panel.
13.2.2.1.5The ADAK's Appeal Panel has the power, at its absolute discretion, to appoint an expert to assist or advise the panel.
13.2.2.1.6The International Federation, the National Federation concerned, the National Olympic Committee, if not a party (or parties) to the proceedings, and WADA each have the right to attend hearings of the ADAK's Appeal Panel as an observer.
13.2.2.1.7Hearings pursuant to this Article should be completed as expeditiously as possible. Hearings held in connection with Events may be conducted on an expedited basis.
13.2.2.2Proceedings of the ADAK's Appeal Panel
13.2.2.2.1The proceedings of the ADAK's Appeal Panel shall respect the principles described in Anti-Doping Act and Articles 8, 9 and 10 of the International Standard for Results Management.
13.2.2.2.2Upon appointment by the Chair as a member of an ADAK's Appeal Panel, each member must also sign a declaration that there are no facts or circumstances known to him or her which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the declaration.
13.2.2.2.3The appellant shall present his/her case and the respondent party or parties shall present his/her/their case(s) in reply.
13.2.2.2.4It any party or his/her representative fail to attend a hearing after notification, the hearing may nevertheless proceed.
13.2.2.2.5Each party shall have the right to be represented by counsel at a hearing at that party's own expense.
13.2.2.2.6Each party shall have the right to an interpreter at the hearing at that party's expense.
13.2.2.2.7Each party to the proceedings has the right to access and present relevant evidence, to submit written and oral submissions, and to call and examine witnesses.
13.2.2.3Decisions of the ADAK's Appeal Panel
13.2.2.3.1At the end of the hearing, or promptly thereafter, the ADAK's Appeal Panel shall issue a written, dated and signed decision that respects the principles of Article 9 of the International Standard for Results Management.
13.2.2.3.2The decision shall notably include the full reasons for the decision and for any period of Ineligibility imposed, including (if applicable) a justification for why the maximum potential sanction was not imposed.
13.2.2.3.3ADAK shall notify the decision to the Athlete or other Person to his or her National Federation, and to Anti-Doping Organizations with a right to appeal under Article 13.2.3 and shall promptly report it into ADAMS.
13.2.2.3.4The decision may be appealed as provided in Article 13.2.3 and Publicly Disclosed as provided in Article 14.3.
13.2.3Persons Entitled to Appeal.
13.2.3.1Appeals Involving International Level Athletes or International Events
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 relevant International Federation;
(d)ADAK and (if different) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder;
(e)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 or Paralympic Games; and
(f)WADA.
13.2.3.2Appeals Involving Other Athletes or Other Persons.
In cases under Article 13.2.2, the following parties shall have the right to appeal:
(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 relevant International Federation;
(d)ADAK and (if different) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder;
(e)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 or Paralympic Games; and
(f)WADA.
For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the ADAK's Appeal Panel.Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs.
13.2.3.3Duty to Notify
All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal.
13.2.3.4Appeal from Imposition of Provisional Suspension.
Notwithstanding any other provision herein the only Person who may appeal from the imposition of a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.
13.2.3.5Appeal from Decisions under Article 12.
Decisions by ADAK pursuant to Article 12 may be appealed exclusively to CAS by the National Federation or other body.
13.2.4Cross Appeals and other Subsequent Appeals Allowed
Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.13.3 Failure to Render a Timely Decision by ADAKWhere, in a particular case, ADAK fails to render a decision with respect to whether an Anti-Doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if ADAK had rendered a decision finding no Anti-Doping rule violation.If the CAS hearing panel determines that an Anti-Doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA's costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by ADAK.13.4 Appeals Relating to TUEsTUE decisions may be appealed exclusively as provided in Article 4.4.13.5 Notification of Appeal DecisionsADAK shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2.13.6 Time for Filing Appeals
13.6.1Appeals to CAS
The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal, but which was not a party to the proceedings that led to the decision being appealed:
(a)Within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the Anti-Doping Organization that had Results Management authority;
(b)If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS;
The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:
(a)Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or
(b)Twenty-one (21) days after WADA's receipt of the complete file relating to the decision.
13.6.2 Appeals under Article 13.2.2The time to file an appeal to the ADAK’s Appeal Panel shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal, but which was not a party to the proceedings having led to the decision subject to appeal:
(a)Within fifteen (15) days from notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the Anti-Doping Organization that had Results Management authority;
(b)If such a request is made within the fifteen (15) day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to the National Anti-Doping Appeal Panel.The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:
(a)Twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed; or
(b)Twenty-one (21) days after WADA's receipt of the complete file relating to the decision.

Article 14 – CONFIDENTIALITY AND REPORTING

14.1 Information concerning Adverse Analytical Findings, Atypical Findings and Other Asserted Anti Doping Rule Violations14.1.1 Notice of Anti-Doping Rule Violations to Athletes and other PersonsNotice to Athletes or other Persons of Anti-Doping rule violations asserted against them shall occur as provided under Articles 7 and 14.If at any point during Results Management up until the Anti-Doping rule violation charge, ADAK decides not to move forward with a matter, it must notify the Athlete or other Person (provided that the Athlete or other Person had been already informed of the ongoing Results Management).Notices shall be delivered to Athletes or other Persons by hand, post, electronic mail or any other means.14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping Organizations, International Federations and WADA.Notice of the assertion of an Anti-Doping rule violation to the Athlete’s or other Person’s National Anti-Doping Organization, if different from ADAK, International Federation and WADA shall occur as provided under Articles 7 and 14, simultaneously with the notice to the Athlete or other Person.If at any point during Results Management up until the Anti-Doping rule violation charge, ADAK decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organizations with a right of appeal under Article 13.2.3.Notices shall be delivered by hand, post, electronic mail or any other means.14.1.3 Content of an Anti-Doping Rule Violation NoticeNotification of an Anti-Doping rule violation shall include: the Athlete’s or other Person’s name, country, sport and discipline within the sport, the Athlete’s competitive level, whether the test was In-Competition or Out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory and other information as required by the International Standard for Testing and Investigations and International Standard for Results Management.Notification of Anti-Doping rule violations other than under Article 2.1 shall also include the rule violated and the basis of the asserted violation.14.1.4 Status ReportsExcept with respect to investigations which have not resulted in a notice of an Anti-Doping rule violation pursuant to Article 14.1.1, the Athlete’s or other Person's National Anti-Doping Organization, if different from ADAK, International Federation and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.14.1.5 ConfidentialityThe recipient organizations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee, National Federation and team in a Team Sport) until ADAK has made Public Disclosure as permitted by Article 14.3.14.1.6 Protection of Confidential Information by an Employee or Agent of ADAKADAK shall ensure that information concerning Adverse Analytical Findings, Atypical Findings and other asserted Anti-Doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3. ADAK shall ensure that its employees (whether permanent or otherwise), contractors, agents, consultants and Delegated Third Parties are subject to a fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and/or unauthorized disclosure of such confidential information.14.2 Notice of Anti-Doping Rule Violation or violations of Ineligibility or Provisional Suspension Decisions and Request for Files
14.2.1Anti-Doping rule violation decisions or decisions related to violations of Ineligibility or Provisional Suspension rendered pursuant to Article 7.6, 8.2, 10.5, 10.6, 10.7, 10.14.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed.Where the decision is not in English or French, ADAK shall provide an English or French summary of the decision and the supporting reasons.
14.2.2An Anti-Doping Organization having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen (15) days of receipt, request a copy of the full case file pertaining to the decision.
14.3 Public Disclosure
14.3.1After notice has been provided to the Athlete or other Person in accordance with the International Standard for Results Management, and to the applicable Anti-Doping Organizations in accordance with Article 14.1.2, the identity of any Athlete or other Person who is notified of a potential Anti-Doping rule violation, the Prohibited Substance or Prohibited Method and the nature of the violation involved, and whether the Athlete or other Person is subject to a Provisional Suspension may be Publicly Disclosed by ADAK.
14.3.2No later than twenty (20) days after it has been determined in an appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an Anti-Doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, or a new period of Ineligibility, or reprimand, has been imposed under Article 10.14.3, ADAK must Publicly Disclose the disposition of the Anti-Doping matter including the sport, the Anti-Doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any) and the Consequences imposed ADAK must also Publicly Disclose within twenty (20) days the results of appellate decisions concerning Anti-Doping rule violations, including the information described above.
14.3.3After an Anti-Doping rule violation has been determined to have been committed in an appellate decision under Article 13.2.1 or 13.2.2 or such appeal has been waived, or in a hearing in accordance with Article 8 or where such hearing has been waived, or the assertion of an Anti-Doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Article 10.8, ADAK may make public such determination or decision and may comment publicly on the matter.
14.3.4In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an Anti-Doping rule violation, the fact that the decision has been appealed may be Publicly Disclosed.However, the decision itself and the underlying facts may not be Publicly Disclosed except with the consent of the Athlete or other Person who is the subject of the decision. ADAK shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
14.3.5Publication shall be accomplished at a minimum by placing the required information on the ADAK's website and leaving the information up for the longer of one (1) month or the duration of any period of Ineligibility. It will be removed immediately after the expiry of the indicated time periods.
14.3.6Except as provided in Articles 14.3.1 and 14.3.3, no Anti-Doping Organization, National Federation or WADA accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Athlete, other Person or their entourage or other representatives.
14.3.7The mandatory Public Disclosure required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an Anti-Doping rule violation is a Minor Protected Person or Recreational Athlete. Any optional Public Disclosure in a case involving a Minor Protected Person or Recreational Athlete shall be proportionate to the facts and circumstances of the case.
14.4 Statistical ReportingADAK shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA. ADAK may also publish reports showing the name of each Athlete tested and the date of each Testing.14.5 Doping Control Information Database and Monitoring of ComplianceTo enable WADA to perform its compliance monitoring role and to ensure the effective use of resources and sharing of applicable Doping Control Information among Anti-Doping Organizations, ADAK shall report to WADA through ADAMS Doping Control-related information, including in particular:
(a)Athlete Biological Passport data for International-Level Athletes and National-Level Athletes;
(b)Whereabouts information for Athletes including those in Registered Testing Pools;
(c)TUE decisions; and
(d)Results Management decisions,as required under the applicable International Standard(s).
14.5.1To facilitate coordinated test distribution planning, avoid unnecessary duplication in Testing by various Anti-Doping Organizations, and to ensure that Athlete Biological Passport profiles are updated, ADAK shall report all In-Competition and Out-of-Competition tests to WADA by entering the Doping Control forms into ADAMS in accordance with the requirements and timelines contained in the International Standard for Testing and Investigations.
14.5.2To facilitate WADA’s oversight and appeal rights for TUEs, ADAK shall report all TUE applications, decisions and supporting documentation using ADAMS in accordance with the requirements and timelines contained in the International Standard for Therapeutic Use Exemptions.
14.5.3To facilitate WADA’s oversight and appeal rights for Results Management, ADAK shall report the following information into ADAMS in accordance with the requirements and timelines outlined in the International Standard for Results Management:
(a)notifications of Anti-Doping rule violations and related decisions for Adverse Analytical Findings;
(b)notifications and related decisions for other Anti-Doping rule violations that are not Adverse Analytical Findings;
(c)whereabouts failures; and
(d)any decision imposing, lifting or reinstating a Provisional Suspension.
14.5.4The information described in this Article will be made accessible, where appropriate and in accordance with the applicable rules to the Athlete, the Athlete’s National Anti-Doping Organization and International Federation, and any other Anti-Doping Organizations with Testing authority over the Athlete.
14.6 Data Privacy
14.6.1ADAK may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct its Anti-Doping Activities under the Code, the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these Anti-Doping Rules and in compliance with applicable law.
14.6.2Without limiting the foregoing, ADAK shall:
(a)only process personal information in accordance with the Data Protection Act, 2019;
(b)notify any Participant or Person subject to these Anti-Doping Rules, in a manner and form that complies with applicable laws and the International Standard for the Protection of Privacy and Personal Information, that their personal information may be processed by ADAK and other Persons for the purpose of the implementation of these Anti-Doping Rules;
(c)ensure that any third-party agents (including any Delegated Third Party) with whom ADAK shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.

Article 15 – IMPLEMENTATION OF DECISIONS

15.1 Automatic Binding Effect of Decisions by Signatory Anti Doping Organisations
15.1.1A decision of an Anti-Doping rule violation made by a Signatory Anti-Doping Organization, an appellate body (Article 13.2.2 of the Code) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon ADAK and any National Federation in Kenya, as well as every Signatory in every sport with the effects described below:
15.1.1.1A decision by any of the above-described bodies imposing a Provisional Suspension (after a Provisional Hearing has occurred or the Athlete or other Person has either accepted the Provisional Suspension or has waived the right to a Provisional Hearing expedited hearing or expedited appeal offered in accordance with Article 7.4.3) automatically prohibits the Athlete or other Person from participation (as described in Article 10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension.
15.1.1.2A decision by any of the above-described bodies imposing a period of Ineligibility (after a hearing has occurred or been waived) automatically prohibits the Athlete or other Person from participation (as described in Article 10 14 1) in all sports within the authority of any Signatory for the period of Ineligibility.
15.1.1.3A decision by any of the above-described bodies accepting an Anti-Doping rule violation automatically binds all Signatories.
15.1.1.4A decision by any of the above-described bodies to Disqualify results under Article 10.10 for a specified period automatically Disqualifies all results obtained within the authority of any Signatory during the specified period.
15.1.2ADAK and any National Federation in Kenya shall recognize and implement a decision and its effects as required by Article 15.1.1, without any further action required, on the earlier of the date ADAK receives actual notice of the decision or the date the decision is placed by WADA into ADAMS.
15.1.3A decision by an Anti-Doping Organization, an appellate body or CAS to suspend, or lift Consequences shall be binding upon ADAK, and any National Federation in Kenya without any further action required, on the earlier of the date ADAK receives actual notice of the decision or the date the decision is placed into ADAMS.
15.1.4Notwithstanding any provision in Article 15.1.1, however, a decision of an Anti-Doping rule violation by a Major Event Organization made in an expedited process during an Event shall not be binding on ADAK or National Federations in Kenya unless the rules of the Major Event Organization provide the Athlete or other Person with an opportunity to an appeal under non-expedited procedures.
15.2 Implementation of other Decisions by Anti-Doping OrganizationsADAK and any National Federation in Kenya may decide to implement other Anti-Doping decisions rendered by Anti-Doping Organizations not described in Article 15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person.15.3 Implementation of Decisions by Body that is not a SignatoryAn Anti-Doping decision by a body that is not a Signatory to the Code shall be implemented by ADAK and any National Federation in Kenya, if ADAK finds that the decision purports to be within the authority of that body and the Anti-Doping rules of that body are otherwise consistent with the Code.

Article 16 – STATUTE OF LIMITATIONS

16. Statute of LimitationsNo Anti-Doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the Anti-Doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.

Article 17 – EDUCATION

17. EducationADAK shall plan, implement, evaluate and promote Education in line with the requirements of Article 18.2 of the Code and the International Standard for Education.

Article 18 – ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS

18. Additional roles and responsibilities of National Federations
18.1All National Federations of Kenya and their members shall comply with the Code, International Standards, and these Anti-Doping Rules. All National Federations of Kenya and other members shall include in their policies, rules and programs the provisions necessary to recognize the authority and responsibility of ADAK for implementing the Kenya's National Anti-Doping Program and enforcing these Anti-Doping Rules (including carrying out Testing) directly in respect of Athletes and other Persons under their Anti Doping authority as specified in the Introduction to these Anti-Doping Rules (Section "Scope of these Anti-Doping Rules").
18.2Each National Federation of Kenya shall accept and abide by the spirit and terms of Kenya's National Anti-Doping Program and these Anti-Doping Rules as a condition of receiving financial and/or other assistance from the Government of Kenya and/or the National Olympic Committee of Kenya.
18.3Each National Federation of Kenya shall incorporate these Anti-Doping Rules either directly or by reference into its governing documents, constitution and/or rules as part of the rules of sport that bind their members so that the National Federation may enforce them itself directly in respect of Athletes and other Persons under its Anti-Doping authority.
18.4By adopting these Anti-Doping Rules and incorporating them into their governing documents and rules of sport, National Federations shall cooperate with and support ADAK in that function. They shall also recognize, abide by and implement the decisions made pursuant to these Anti-Doping Rules, including the decisions imposing sanctions on Persons under their authority.
18.5All National Federations of Kenya shall take appropriate action to enforce compliance with the Code, International Standards and these Anti-Doping Rules by inter alia;
(i)conducting Testing only under the documented authority of their International Federation and using ADAK or other Sample collection authority to collect Samples in compliance with the International Standard for Testing and Investigations;
(ii)recognizing the authority of ADAK in accordance with Article 5.2.1 of the Code and assisting as appropriate with ADAK's implementation of the national Testing program for their sport;
(iii)analyzing all Samples collected using a WADA-accredited or WADA-approved laboratory in accordance with Article 6.1; and
(iv)ensuring that any national level Anti-Doping rule violation cases discovered by National Federations are adjudicated by an Operationally Independent hearing panel in accordance with Article 8.1 and the International Standard for Results Management.
18.6All National Federations shall establish rules requiring all Athletes preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations and all Athlete Support Personnel associated with such Athletes to agree to be bound by these Anti-Doping Rules and to submit to the Results Management authority of the Anti-Doping Organization in conformity with the Code as a condition of such participation.
18.7All National Federations shall report any information suggesting or relating to an Anti-Doping rule violation to ADAK and to their International Federation and shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.
18.8All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the authority of ADAK or the National Federation.
18.9All National Federations shall conduct Anti Doping Education in coordination with ADAK.

Article 19 – ADDITIONAL ROLES AND RESPONSIBILITIES OF ADAK

19. Additional roles and responsibilities of ADAK
19.1In addition to the roles and responsibilities described in Article 20.5 of the Code for National Anti-Doping Organizations, ADAK shall report to WADA on ADAK's compliance with the Code and International Standards in accordance with Article 24.1.2 of the Code.
19.2Subject to applicable law, and in accordance with Article 20.5.10 of the Code, all ADAK board members, directors, officers and those employees (and those of appointed Delegated Third Parties) who are involved in any aspect of Doping Control, must sign a form provided by ADAK, agreeing to be bound by these Anti-Doping Rules as Persons in conformity with the Code for direct and intentional misconduct.
19.3Subject to applicable law, and in accordance with Article 20.5.11 of the Code, any ADAK employee who is involved in Doping Control (other than authorized Anti-Doping Education or rehabilitation programs) must sign a statement provided by ADAK confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of Anti-Doping rules if Code compliant rules had been applicable to them.

Article 20 – ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES

20. Additional roles and responsibilities of Athletes.
20.1To be knowledgeable of and comply with these Anti-Doping Rules.
20.2To be available for Sample collection at all times.
20.3To take responsibility, in the context of Anti-Doping, for what they ingest and Use.
20.4To 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 these Anti-Doping Rules.
20.5To disclose to ADAK and their International Federation any decision by a non-Signatory finding that the Athlete committed an Anti-Doping rule violation within the previous ten (10) years.
20.6To cooperate with Anti-Doping Organizations investigating Anti-Doping rule violations.Failure by any Athlete to cooperate in full with Anti-Doping Organizations investigating Anti-Doping rule violations may result in a criminal offence under the Anti-Doping Act (Cap. 245B).
20.7To disclose the identity of their Athlete Support Personnel upon request by ADAK or a National Federation, or any other Anti-Doping Organization with authority over the Athlete.
20.8Offensive conduct towards a Doping Control official or other Person involved in Doping Control by an Athlete, which does not otherwise constitute Tampering, may result in a criminal offence under the Anti-Doping Act (Cap. 245B).

Article 21 – ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL

21.Additional roles and responsibilities of Athlete Support Personnel.
21.1To be knowledgeable of and comply with these Anti-Doping Rules.
21.2To cooperate with the Athlete Testing program.
21.3To use their influence on Athlete values and behavior to foster Anti-Doping attitudes.
21.4To disclose to ADAK and their International Federation any decision by a non-Signatory finding that they committed an Anti-Doping rule violation within the previous ten (10) years.Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organizations investigating Anti-Doping rule violations may result in a criminal offence under the Anti-Doping Act (Cap. 245B).
21.6Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.Any such Use or Possession may result in a criminal offence under the Anti-Doping Act (Cap. 245B).
21.7Offensive conduct towards a Doping Control official or other Person involved in Doping Control by Athlete Support Personnel, which does not otherwise constitute Tampering, may result in a criminal offence under the Anti-Doping Act (Cap. 245B).

Article 22 – ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI-DOPING RULES

22.Additional roles and responsibilities of other Persons subject to these Anti-Doping Rules.
22.1To be knowledgeable of and comply with these Anti-Doping Rules.
22.2To disclose to ADAK and their International Federation any decision by a non-Signatory finding that they committed an Anti-Doping rule violation within the previous ten (10) years.
22.3To cooperate with Anti-Doping Organizations investigating Anti-Doping rule violations.Failure by any other Person subject to these Anti-Doping Rules to cooperate in full with Anti-Doping Organizations investigating Anti-Doping rule violations may result in a criminal offence under the Anti-Doping Act (Cap. 245B).
22.4Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
22.5Offensive conduct towards a Doping Control official or other Person involved in Doping Control by a Person, which does not otherwise constitute Tampering, may result in a criminal offence under the Anti-Doping Act (Cap. 245B).

Article 23 – INTERPRETATION OF THE CODE

23.1The official text of the Code shall be maintained by WADA and shall be published in English and French. In the event of any conflict between the English and French versions, the English version shall prevail.
23.2The comments annotating various provisions of the Code shall be used to interpret the Code.
23.3The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
23.4The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
23.5Where the term "days" is used in the Code or an International Standard, it shall mean calendar days unless otherwise specified.
23.6The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in Its rules. However, pre-Code Anti-Doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post-Code violations.
23.7The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definitions, shall be considered integral parts of the Code.

Article 24 – FINAL PROVISIONS

24.1Where the term "days" is used in these Anti Doping Rules, it shall mean calendar days unless otherwise specified.
24.2These Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.
24.3These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards. The Code and the International Standards shall be considered integral parts of these Anti-Doping Rules and shall prevail in case of conflict.
24.4The Introduction and Appendix 1 shall be considered integral parts of these Anti-Doping Rules.
24.5The comments annotating various provisions of the Code are incorporated by reference into these Anti-Doping Rules, shall be treated as if set out fully herein, and shall be used to interpret these Anti-Doping Rules.
24.6These Anti-Doping Rules shall enter into force on 1 January 2021 (the "Effective Date"). They repeal ADAK's Anti-Doping Rules, 2016.
24.7These Anti-Doping Rules shall not apply retroactively to matters pending before the Effective Date. However:24.7.1 Anti-Doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.24.7.2 Any Anti-Doping rule violation case which is pending as of the Effective Date and any Anti-Doping rule violation case brought after the Effective Date based on an Anti-Doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive Anti-Doping rules in effect at the time the alleged Anti-Doping rule violation occurred, and not by the substantive Anti-Doping rules set out in these Anti-Doping Rules, unless the panel hearing the case determines the principle of lex mitior appropriately applies under the circumstances of the case. For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Anti-Doping Rules (provided, however, that Article 16 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).24.7.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test as those terms are defined in the International Standard for Results Management) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management but it shall be deemed to have expired twelve (12) months after it occurred.24.7.4 With respect to cases where a final decision finding an Anti-Doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to ADAK or other Anti-Doping Organization which had Results Management responsibility for the Anti-Doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti-Doping Rules. Such application must be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Article 13.2. These Anti-Doping Rules shall have no application to any case where a final decision finding an Anti-Doping rule violation has been rendered and the period of Ineligibility has expired.24.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti-Doping Rules been applicable, shall be applied.24.7.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively. As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List, an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or a Prohibited Method may apply to ADAK or other Anti-Doping Organization which had Results Management responsibility for the Anti-Doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.

APPENDIX: DEFINITIONS

ADAMS The Anti-Doping Administration and Management System is a Web-based database management tool for data entry, storage, sharing and reporting designed to assist stakeholders and WADA in their Anti-Doping operations in conjunction with data protection legislation.Administration: Providing, supplying, supervising, facilitating or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method. However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory, that consistent with the International Standard for Laboratories, establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of the Use of a Prohibited Method.Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in the applicable International Standards.Aggravating Circumstances: Circumstances involving, or actions by, an Athlete or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction. Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple.Prohibited Substances or Prohibited Methods, Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other Anti-Doping rule violations; a normal individual would be likely to enjoy the performance-enhancing effects of the Anti-Doping rule violation(s) beyond the otherwise applicable period of Ineligibility; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an Anti Doping rule violation; or the Athlete or other Person engaged in Tampering during Results Management or the hearing process. For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility.Anti-Doping Activities: Anti-Doping Education and information, test distribution planning, maintenance of a Registered Testing Pool, managing Athlete Biological Passports, conducting Testing, organizing analysis of Samples, gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management, hearings, monitoring and enforcing compliance with any Consequences imposed and all other activities related to Anti-Doping to be carried out by or on behalf of an Anti-Doping Organization, as set out in the Code and/or the International Standards.Anti-Doping Organization: WADA or 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, International Federations and National Anti-Doping Organizations.Athlete: Any Person who competes in sport at the International level (as defined by each International Federation) or the national level (as defined by each National Anti-Doping Organization). An Anti-Doping Organization has discretion to apply Anti-Doping rules to an Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definition of "Athlete". In relation to Athletes who are neither International-Level nor National-Level Athletes, an Anti-Doping Organization may elect to: conduct limited Testing or no Testing at all; analyze Samples for less than the full menu of Prohibited Substances; require limited or no whereabouts information; or not require advance TUEs. However, if an Article 2.1, 2.3, or 2.5 Anti-Doping rule violation is committed by any Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set forth in the Code must be applied. For purposes of Article 2.8 and Article 2.9 and 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 is an Athlete.Athlete Biological Passport: The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.Athlete Support Personnel: Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports competition.Attempt: Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an Anti-Doping rule violation. Provided, however, there shall be no Anti-Doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt.Atypical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding.Atypical Passport Finding: A report described as an Atypical Passport Finding as described in the applicable International Standards.CAS: The Court of Arbitration for Sport.Code: The World Anti-Doping Code.Competition: A single race, match, game or singular sport contest. For example, a basketball game or the finals of the Olympic 100-meter race in athletics. For stage races and other sport 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.Consequences of Anti-Doping Rule Violations ("Consequences"): An Athlete’s or other Person’s violation of an Anti-Doping rule may result in one or more of the following:
(a)Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes;
(b)Ineligibility means the Athlete or other Person is barred on account of an Anti-Doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14;
(c)Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8;
(d)Financial Consequences means a financial sanction imposed for an Anti-Doping rule violation or to recover costs associated with an Anti-Doping rule violation; and
(e)Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. Teams in Team Sports may also be subject to Consequences as provided in Article 11.
Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.Decision Limit: The value of the result for a threshold substance in a Sample, above which an Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories.Delegated Third Party: Any Person to which ADAK delegates any aspect of Doping Control or Anti-Doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or Anti-Doping Educational programs for ADAK, or individuals serving as independent contractors who perform Doping Control services for ADAK (e.g non-employee Doping Control officers or chaperones). This definition does not include CAS.Disqualification:See Consequences of Anti-Doping Rule Violations above.Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences, including all steps and processes in between, including but not limited to, Testing, investigations, whereabouts, TUEs, Sample collection and handling, laboratory analysis, Results Management, hearings and appeals and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension).Education: The process of learning to instill values and develop behaviors that foster and protect the spirit of sport and to prevent intentional and unintentional doping.Event: A series of individual Competitions conducted together under one ruling body (e.g. the Olympic Games, World Championships of an International Federation or Pan American Games).Event Period: The time between the beginning and end of an Event, as established by the ruling body of the Event.Event Venues: Those venues so designated by the ruling body for the Event.Fault:Fault is any breach of duty or any lack of care appropriate to a particular situation. Factors to be taken into consideration in assessing an Athlete’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether the Athlete or other Person is a Protected Person,special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk.In assessing the Athlete's or other Person's degree of Fault, the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’s departure from the expected standard of behavior. Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility or the fact that the Athlete only has a short time left in a career or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.Financial Consequences: See Consequences of Anti Doping Rule Violations above.In-Competition:The period commencing at 11.59 p.m. on the day before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition. Provided, however, WADA may approve, for a particular sport, an alternative definition if an International Federation provides a compelling justification that a different definition is necessary for its sport upon such approval by WADA the alternative definition shall be followed by all Major Event Organizations for that particular sport.Independent Observer Program: A team of observers and/or auditors, under the supervision of WADA, who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA's compliance monitoring program.Individual Sport: Any sport that is not a Team Sport.Ineligibility: See Consequences of Anti-Doping Rule Violations above.Institutional Independence: Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management. They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management.International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event.International-Level Athlete:Athletes who compete in sport at the international level, as defined by each International Federation consistent with the International Standard for Testing and Investigations.International Standard: A standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical Documents issued pursuant to the International Standard.Major Event Organizations: The continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any continental, regional or other International Event.Marker: A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method.Metabolite: Any substance produced by a biotransformation process.Minimum Reporting Level: The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA-accredited laboratories should not report that Sample as an Adverse Analytical Finding.Minor: A natural Person who has not reached the age of eighteen (18) years.National Anti-Doping Organization: The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement Anti-Doping rules, direct the collection of Samples, the management of test results and the conduct of hearings at the national level. If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee. In Kenya the National Anti-Doping Organization is ADAK.National Event: A sport Event or Competition involving International or National-Level Athletes that is not an International Event.National Federation: A national or regional entity in Kenya which is a member of or is recognized by an International Federation as the entity governing the International Federation's sport in that nation or region in Kenya.National-Level Athlete:Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization, consistent with the International Standard for Testing and Investigations.National Olympic Committee: The organization recognized by the International Olympic Committee. The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the Anti Doping area. In Kenya the National Olympic Committee is National Olympic Committee of Kenya.No Fault or Negligence: The Athlete or other Person’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 or otherwise violated an Anti-Doping rule. Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.No Significant Fault or Negligence: The Athlete or other Person’s establishing that any 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. Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.Operational Independence: This means that—
(1)board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision)of hearing panels of that Anti-Doping Organization with responsibility for Results Management; and
(2)hearing panels shall be in a position to conduct the hearing and decision-making process without interference from the Anti-Doping Organization or any third party. The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel are not involved in the investigation of, or decisions to proceed with, the case.
Out-of-Competition: Any period which is not In-Competition.Participant: Any Athlete or Athlete Support Person.Person: A natural Person or an organization or other entity.Possession: The actual, physical Possession, or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists), provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it. Provided, however, there shall be no Anti-Doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an Anti-Doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.Prohibited List: The List identifying the Prohibited Substances and Prohibited Methods.Prohibited Method: Any method so described on the Prohibited List.Prohibited Substance: Any substance or class of substances, so described on the Prohibited List.Protected Person: An Athlete or other natural Person who at the time of the Anti-Doping rule violation:
(i)has not reached the age of sixteen (16) years;
(ii)has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or
(iii)for reasons other than age has been determined to lack legal capacity under applicable national legislation.
Provisional Hearing :For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.Publicly Disclose: See Consequences of Anti-Doping Rule Violations above.Recreational Athlete: A natural Person who is so defined by the relevant National Anti-Doping Organization; provided, however, the term shall not include any Person who, within the five (5) years prior to committing any Anti-Doping rule violation, has been an International-Level Athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or National-Level Athlete (as defined by each National Anti-Doping Organization consistent with the International Standard for Testing and Investigations), has represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organization.Regional Anti-Doping Organization: A regional entity designated by member countries to coordinate and manage delegated areas of their national Anti-Doping programs, which may include the adoption and implementation of Anti-Doping rules, the planning and collection of Samples, the management of results, the review of TUEs, the conduct of hearings and the conduct of Educational programs at a regional level.Registered Testing Pool: The pool of highest-priority Athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.5 of the Code and the International Standard for Testing and Investigations. In Kenya, ADAK's Registered Testing Pool is defined as set out in Article 5.5 of these Anti-Doping Rules.Results Management: The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).Sample or Specimen: Any biological material collected for the purposes of Doping Control.Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23 of the Code.Specified Method: See Article 4.2.2.Specified Substance: See Article 4.2.2.Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault, negligence or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an Anti-Doping rule violation.Substance of Abuse: See Article 4.2.3.Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance must:
(1)fully disclose in a signed written statement or recorded interview all information he or she possesses in relation to Anti-Doping rule violations or other proceeding described in Article 10.7.1.1; and
(2)fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel. Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.Tampering: Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample, affecting or making impossible the analysis of a Sample, falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false testimony from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences and any other similar intentional interference or Attempted interference with any aspect of Doping Control.Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.Team Sport: A sport in which the substitution of players is permitted during a Competition.Technical Document: A document adopted and published by WADA from time to time containing mandatory technical requirements on specific Anti-Doping topics as set forth in an International Standard.Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling and Sample transport to the laboratory.Testing Pool: The tier below the Registered Testing Pool which includes Athletes from whom some whereabouts information is required in order to locate and Test the Athlete Out-of-Competition.Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to use a Prohibited Substance or Prohibited Method, but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete, Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third Party; provided, however, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.UNESCO Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.WADA: The World Anti-Doping Agency.Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time limited setting with the understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results.Management proceeding under the Code, and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code. Such an agreement shall not preclude the Anti-Doping Organization, Athlete or other Person from using any information or evidence gathered from my source other than during the specific time limited setting described in the agreement.
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History of this document

31 December 2022 this version