MEDICAL REGULATIONS 11 Edition - FIVB

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FIVB Medical Regulations – 11th Edition 7.5.2 Results management in respect of an apparent Missed Test by an Athlete in FIVB’s Registered Testing Pool as a result of an attempt to test the Athlete by or on behalf of the FIVB shall be conducted by FIVB in accordance with Article 11.6.3 of the International Standard for Testing. Results management in respect of an apparent Missed Test by such Athlete as a result of an attempt to test the Athlete by or on behalf of another Anti-Doping Organization shall be conducted by that other Anti-Doping Organization in accordance with Article 11.7.6(c) of the International Standard for Testing. 7.5.3 Where, in any eighteen-month period, an Athlete in FIVB’s Registered Testing Pool is declared to have three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, whether under these Anti-Doping Rules or under the rules of any other Anti-Doping Organization, FIVB shall bring them forward as an apparent anti-doping rule violation. 7.6 Provisional Suspensions 7.6.1 If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, the FIVB shall Provisionally Suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping rule violation. 7.6.2 In any case not covered by Article 7.6.1 where the FIVB decides to take the matter forward as an apparent anti-doping rule violation in accordance with the foregoing provisions of this Article 7, the FIVB President, after consultation with the FIVB Anti-Doping Administrator and FIVB Medical Commission President, may Provisionally Suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping rule violation. 7.6.3 Where a Provisional Suspension is imposed, whether pursuant to Article 7.6.1 or Article 7.6.2, the Athlete shall be given either (a) an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 (Right to a Fair Hearing) on a timely basis after imposition of a Provisional Suspension. National Federations shall impose Provisional Suspensions in accordance with the principles set forth in this Article 7.6. 7.6.4 If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and any subsequent analysis of the B Sample analysis 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 of the Code - 17 -
FIVB Medical Regulations – 11th Edition (Presence of a Prohibited Substance or its Metabolites or Markers). In circumstances where the Athlete (or the Athlete's team as may be provided in the rules of the FIVB) has been removed from a Competition based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without otherwise affecting the Competition, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Competition. 7.7 Retirement from Sport If an Athlete or other Person retires while a results management process is underway, the FIVB retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and the FIVB would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, the FIVB has jurisdiction to conduct results management. ARTICLE 8 RIGHT TO A FAIR HEARING 8.1 Hearings arising out of FIVB Testing or Tests at International Events 8.1.1 When it appears, following the Results Management process described in Article 7, that these Anti-Doping Rules have been violated in connection with FIVB Testing or Testing at an International Event then the case shall be assigned to the FIVB Doping Hearing Panel for adjudication. 8.1.2 An FIVB Anti-Doping Hearing Panel with three members shall be appointed to hear each case. The President of the FIVB Disciplinary Commission shall appoint two members from the FIVB Disciplinary Commission (which may include the Chair). One of these members shall chair the panel. The President of the FIVB Medical Commission shall appoint a physician from the FIVB Medical Commission as the third member. The appointed members shall have had no prior involvement with the case and shall not have the same nationality as the Athlete or other Person alleged to have violated these Anti-Doping Rules. 8.1.3 Hearings pursuant to this Article shall be completed expeditiously following the completion of the results management process described in Article 7. Hearings held in connection with Events may be conducted on an expedited basis. 8.1.4 The National Federation of the Athlete or other Person alleged to have violated these Anti-Doping Rules may attend the hearing as an observer. 8.1.5 The FIVB shall keep WADA fully apprised as to the status of pending cases and the result of all hearings. - 18 -
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MEDICAL REGULATIONS 11 Edition - FIVB

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