The latest rules & regulations of the ITTF can be found in the 2022 ITTF Handbook. It can be viewed on the links below:
The International Table Tennis Federation
Handbook
2022
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1927 |
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Published by:
The International Table Tennis Federation Avenue de Rhodanie 54
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CONTENTS Page
Code of Conduct on sports betting for players and officials 261
Paragraphs which have been introduced or significantly amended as a result of decisions made at the 2021 Annual General Meeting or the 2021 Board of Directors Meeting are shown as green shaded (additions) or scratched (deletions) in this version with tracked changes. A clean version is also available.
The current ITTF Handbook is available in its entirety on the ITTF website for printing or downloading. Please consider the environment before printing it.
Committee, the International Paralympic Committee, and other
international organisations;
an Association is not acceptable to its appropriate Continental Federation; in such circumstances, which shall not necessarily prevent recognition of the Continental Federation concerned, the Association failing to secure membership shall have the right to appeal to the ITTF to assist in securing membership or, failing that, attachment to another adjacent Continental Federation.
1.5.1.6.1.5 the Personal Honorary Members; and 1.5.1.6.1.6 the President's Advisory Council members; and 1.5.1.6.1.7 the Committee Chairs and Commissioners.
1.5.1.8.1.4 the confirmation of the Minutes of the previous AGM or EGM; 1.5.1.8.1.5 the consideration of applications for membership;
Committee since the last AGM;
candidate or option obtaining the smallest number of votes shall be eliminated.
Committee; .
Executive Committee’s reasonable opinion, there is a real risk that the integrity of the sport of table tennis or public confidence could be seriously undermined; or
President, the ITTF Integrity Unit will report to the ITTF President and the AGM (or EGM). The ITTF Integrity Unit shall carry out its duties and exercise its powers and authority in accordance with the ITTF Integrity Regulations.
Council meetings at times requested by the Executive Committee; 1.5.6.3 The Commission shall meet during the period of the AGM and at other
times when convened by the President.
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in
cooperation with Continental Federations; .
1.5.6.3 One or several members of the ITTF staff, appointed by the President, shall attend all meetings of the Continental Council and shall draft its minutes and reports.
1.5.7.5 The Development and Continental Council shall submit a written report to the AGM.
1.5.6.4 The meetings of the Continental shall be minuted with a yearly report submitted to the AGM.
specific areas of work; any reports or recommendations of such sub-committees shall be subject to endorsement by the full committee before publication or submission to the AGM or the Board.
voting rights).
1.5.8.4.2 The terms of office of the Ethics Commission shall coincide with that of the Executive Committee.
1.5.10.6 No person shall at the same time serve as a member of the Executive Committee and as a President of a Continental Federation.
annual statement of accounts be prepared, which shall be audited by professional auditors, and that a yearly and quadrennial estimate of income and expenditure be presented.
permission of the other Association,
1.8.4.1.6 Any dispute under these regulations shall be referred to the Executive Committee.
have absolute discretion to determine and regulate its own policy for payments, rewards, benefits and allowances in respect of players and events under its jurisdiction.
With effect 1st October 20211, tThe surface of the covering material on a side of the blade, or of a side of the blade if it is left uncovered, shall be matt, black on one side, and of a bright colour clearly distinguishable from black and from the colour of the ball on the other.
1 Effective after Tokyo 2020 Olympic and Paralympic Games
The space between the ball and the net is defined by the ball, the net and its indefinite upward extension.
competitions organised by unaffiliated bodies may be held under rules laid down by the organising authority.
Lists of all approved and authorised equipment and materials are maintained by the ITTF Office and details are available on the ITTF website.
“Playing venue” means that part of the building used for table tennis and its related activities, facilities and public area.
illegally the umpire shall hold up a yellow card to warn him or her that any further such offence will result in his or her dismissal from the playing area.
the playing area until the end of the team match or, in an individual event, of the individual match.
teams and individuals participating; no entry shall be valid unless accompanied by this declaration.
and mixed doubles event, unless otherwise authorised by the Executive Committee.
6 months’ notice; applications shall be accepted only for the next 2 Championships.
where an Association is prevented from participating in the Championships by circumstances outside its control.
1 Except for 2021 edition, for which it shall be notified exceptionally 4 months before.
organising committee and the referee; the referee shall have the right to speak but not to vote.
avoidance of doubt only the ITTF may enforce this rule against an Association and no third party shall be entitled to do so.
the Olympic Games by his or her new NOC if one exists. This particular choice may be made only once.
4.5.2.3. Players of the same Association shall be separated according to 3.6.3.1 and
3.6.3.3 only in preliminary rounds but not in further rounds.
4.8.1.1. The title "World Veteran Championships", referred to in this Section as "Championships", shall be bestowed by the Board of Directors on the championship events at a tournament organised by an Association entrusted with the task.
Championships begun until breakfast on the day after the Championships end for
All entered individual players agree to be under the auspices of the ITTF and its agents in all matters concerning television coverage, video, internet
web casting, motion picture coverage, and photographic coverage of any kind. Participants release all rights, or rights held by their agents or sponsors, in all matters relating to television and web casting coverage, video and motion picture coverage, and photographic coverage of any kind. A participant’s refusal of above listed coverage may be subject to suspension or dismissal from the competition.
45 to 49 years (+45),
50 to 54 years (+50),
55 to 59 years (+55),
60 to 64 years (+60),
65 to 69 years (+65),
70 to 74 years (+70),
75 to 79 years (+75),
80 to 84 years (+80),
85 to 89 years (+85)
90 and over (+90)
shall not by any act or omission infringe any exclusive rights granted there under or otherwise cause any breach thereof to occur. For the avoidance of doubt only the ITTF may enforce this rule against a participant and no third party shall be entitled to do so.
Preface
These Anti-Doping Rules are adopted and implemented in accordance with ITTF's responsibilities under the Code, and in furtherance of ITTF's continuing efforts to eradicate doping in sport.
These Anti-Doping Rules are sport rules governing the conditions under which sport is played. Aimed at enforcing anti-doping rules in a global and harmonized manner, they are distinct in nature from criminal and civil laws. They are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings, although they are intended to be applied in a manner which respects the principles of proportionality and human rights. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules, which implement the Code, and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport.
As provided in the Code, ITTF shall be responsible for conducting all aspects of Doping Control. Any aspect of Doping Control or anti-doping Education may be delegated by ITTF to a Delegated Third Party, such as the International Testing Agency (ITA), however, ITTF shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards, and these Anti-Doping Rules. ITTF has delegated its adjudication responsibilities and parts of the Results Management to the CAS Anti-Doping Division.
When ITTF has delegated its responsibilities to implement part or all of Doping Control to the ITA or to other Delegated Third Party, any reference to ITTF in these Rules should be intended as a reference to the ITA or to the other Delegated Third Party, where applicable and within the context of the aforementioned delegation. ITTF shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code.
Italicized terms in these Anti-Doping Rules are defined terms in Appendix 1.
Unless otherwise specified, references to Articles are references to Articles of these Anti- Doping Rules.
Anti-doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred to as "the spirit of sport": the ethical pursuit of human excellence through the dedicated perfection of each Athlete's natural talents.
Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Methods.
Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.
The spirit of sport is the celebration of the human spirit, body and mind. It is the essence of Olympism and is reflected in the values we find in and through sport, including:
The spirit of sport is expressed in how we play true. Doping is fundamentally contrary to the spirit of sport. Scope of these Anti-Doping Rules
These Anti-Doping Rules shall apply to:
member or affiliate organization of any Member Association (including any clubs, teams, associations, or leagues), for purposes of anti-doping; and
Each of the abovementioned Persons is deemed, as a condition of his or her participation or involvement in the sport, to have agreed to and be bound by these Anti-Doping Rules, and to have submitted to the authority of ITTF to enforce these Anti-Doping Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 5.8 and Article 5.13 to hear and determine cases and appeals brought under these Anti-Doping Rules1.
Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti-Doping Rules, the following Athletes shall be considered to be International- Level Athletes for the purposes of these Anti-Doping Rules, and, therefore, the specific provisions in these Anti-Doping Rules applicable to International-Level Athletes (e.g., Testing, TUEs, whereabouts, and Results Management) shall apply to such Athletes:
Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 5.2.1 through Article 5.2.11 of these Anti-Doping Rules.
The purpose of Article 5.2 is to specify the circumstances and conduct which constitute anti- doping rule violations. Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.
1 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be subject to an anti-doping rule violation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method. Rather, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation). Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article
21.3. Also, the obligation to require an employee to be bound by the Code is subject to applicable law.
ITTF shall ensure that, as per Article 5.19 of these Anti-Doping Rules, any arrangements with their board members, directors, officers, and specified employees, as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply with these Anti- Doping Rules, and agree on the ITTF’s authority to solve the anti-doping cases.]
Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included on the Prohibited List.
The following constitute anti-doping rule violations:
Athlete’s Sample
2 [Comment to Article 5.2.1.1: An anti-doping rule violation is committed under this Article without regard to an Athlete’s Fault. This rule has been referred to in various CAS decisions as “Strict Liability”. An Athlete’s Fault is taken into consideration in determining the Consequences of this anti-doping rule violation under Article 5.10. This principle has consistently been upheld by CAS.]
3 [Comment to Article 5.2.1.2: The Anti-Doping Organization with Results Management responsibility may, at its discretion, choose to have the B Sample analysed even if the Athlete does not request the analysis of the B Sample.]
4 [Comment to Article 5.2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. As noted in the Comment to Article 5.3.2, unlike the proof required to establish an anti- doping rule violation under Article 5.2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirements to establish “Presence” of a Prohibited Substance under Article 5.2.1.
For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.]
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.
Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person.6
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.
5.4.4 or other acceptable justification.
5 [Comment to Article 5.2.2.2: Demonstrating the "Attempted Use" of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part. The fact that intent may be required to prove this particular anti-doping rule violation does not undermine the Strict Liability principle established for violations of Article 5.2.1 and violations of Article 5.2.2 in respect of Use of a Prohibited Substance or Prohibited Method.
An Athlete’s Use of a Prohibited Substance constitutes an anti-doping rule violation unless such substance is not prohibited Out-of- Competition and the Athlete’s Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition is a violation of Article 5.2.1 regardless of when that substance might have been administered.)]
6 [Comment to Article 5.2.3: For example, it would be an anti-doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. A violation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” Sample collection contemplates intentional conduct by the Athlete.]
7 [Comment to Articles 5.2.6.1 and 5.2.6.2: Acceptable justification would not include, for example, buying or Possessing a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.]
[Comment to Article 5.2.6.1 and 5.2.6.2: Acceptable justification may include, for example, (a) an Athlete or a team doctor carrying Prohibited Substances or Prohibited Methods for dealing with acute and emergency situations (e.g., an epinephrine auto-injector), or
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 5.10.14.1 by another Person.8
Ineligibility; or
The burden shall be on the Athlete or other Person to establish that any association with an Athlete Support Person described in Article 5.2.10.1.1 or
5.2.10.1.2 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 5.2.10.1.1, 5.2.10.1.2, or 5.2.10.1.3 shall submit that information to WADA.9
(b) an Athlete Possessing a Prohibited Substance or Prohibited Method for therapeutic reasons shortly prior to applying for and receiving a determination on a TUE.]
8 [Comment to Article 5.2.9: Complicity or Attempted Complicity may include either physical or psychological assistance.]
9 [Comment to Article 5.2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Support Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping. This also prohibits association with any other Athlete who is acting as a coach or Athlete Support Person while serving a period of Ineligibility. Some examples of the types of association which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bodily products for
Where such conduct does not otherwise constitute a violation of Article 5.2.5:
For purposes of Article 5.2.11, 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.10
ITTF shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether ITTF 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 5.3.2.2 and 5.3.2.3, the standard of proof shall be by a balance of probability.11
analysis; or allowing the Athlete Support Person to serve as an agent or representative. Prohibited association need not involve any form of compensation.
While Article 5.2.10 does not require the Anti-Doping Organization to notify the Athlete or other Person about the Athlete Support Person’s disqualifying status, such notice, if provided, would be important evidence to establish that the Athlete or other Person knew about the disqualifying status of the Athlete Support Person.]
10 [Comment to Article 5.2.11.2: This Article is intended to protect Persons who make good faith reports, and does not protect Persons who knowingly make false reports.]
[Comment to Article 5.2.11.2: Retaliation would include, for example, actions that threaten the physical or mental well-being or economic interests of the reporting Persons, their families or associates. Retaliation would not include an Anti-Doping Organization asserting in good faith an anti-doping rule violation against the reporting Person. For purposes of Article 5.2.11, a report is not made in good faith where the Person making the report knows the report to be false.]
11 [Comment to Article 5.3.1: This standard of proof required to be met by ITTF is comparable to the standard which is applied in most countries to cases involving professional misconduct.]
Facts related to anti-doping rule violations may be established by any reliable means, including admissions.12 The following rules of proof shall be applicable in doping cases:
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 ITTF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.14
12 [Comment to Article 5.3.2: For example, ITTF may establish an anti-doping rule violation under Article 5.2.2 based on the Athlete’s admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 5.2.2, or conclusions drawn from the profile of a series of the Athlete’s blood or urine Samples, such as data from the Athlete Biological Passport.]
13 [Comment to Article 5.3.2.1: For certain Prohibited Substances, WADA may instruct WADA-accredited laboratories not to report Samples as an Adverse Analytical Finding if the estimated concentration of the Prohibited Substance or its Metabolites or Markers is below a Minimum Reporting Level. WADA’s decision in determining that Minimum Reporting Level or in determining which Prohibited Substances should be subject to Minimum Reporting Levels shall not be subject to challenge. Further, the laboratory’s estimated concentration of such Prohibited Substance in a Sample may only be an estimate. In no event shall the possibility that the exact concentration of the Prohibited Substance in the Sample may be below the Minimum Reporting Level constitute a defence to an anti- doping rule violation based on the presence of that Prohibited Substance in the Sample.]
14 [Comment to Article 5.3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. Thus, once the Athlete or other Person establishes the departure by a balance of probability, the Athlete or other Person’s burden on causation is the somewhat lower standard of proof – “could reasonably have caused.” If the Athlete or other Person satisfies these standards, the burden shifts to ITTF to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]
15 [Comment to Article 5.3.2.3: Departures from an International Standard or other rule unrelated to Sample collection or handling, Adverse Passport Finding, or Athlete notification relating to whereabouts failure or B Sample opening – e.g., the International Standards for Education, Data Privacy or TUEs – may result in compliance proceedings by WADA but are not a defence in an anti- doping rule violation proceeding and are not relevant on the issue of whether the Athlete committed an anti-doping rule violation.
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 ITTF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the whereabouts failure:
Similarly, ITTF’s violation of the document referenced in Article 20.7.7 of the Code shall not constitute a defence to an anti-doping rule violation.]
16 [Comment to Article 5.3.2.3 (iii): ITTF would meet its burden to establish that such departure did not cause the Adverse Analytical Finding by showing that, for example, the B Sample opening and analysis were observed by an independent witness and no irregularities were observed.]
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 ITTF.
ARTICLE 5.4 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 ITTF or its Member Associations. 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.
ITTF shall provide its Member Associations with the most recent version of the Prohibited List. Each Member Association shall in turn ensure that its members, and the constituents of its members, are also provided with the most recent version of the Prohibited List.17
The 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.18
For purposes of the application of Article 5.10, 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.19
17 [Comment to Article 5.4.1: The current Prohibited List is available on WADA's website at https://www.wada-ama.org. The Prohibited List will be revised and published on an expedited basis whenever the need arises. However, for the sake of predictability, a new Prohibited List will be published every year whether or not changes have been made.]
18 [Comment to Article 5.4.2.1: Out-of-Competition Use of a substance which is only prohibited In-Competition is not an anti-doping rule violation unless an Adverse Analytical Finding for the substance or its Metabolites or Markers is reported for a Sample collected In- Competition.]
19 [Comment to Article 5.4.2.2: The Specified Substances and Methods identified in Article 5.4.2.2 should not in any way be considered less important or less dangerous than other doping substances or methods. Rather, they are simply substances and methods which are more likely to have been consumed or used by an Athlete for a purpose other than the enhancement of sport performance.]
For purposes of applying Article 5.10, 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.
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.
20 [Comment to Article 5.4.4.3: If ITTF refuses to recognize a TUE granted by a National Anti-Doping Organization only because medical records or other information are missing that are needed to demonstrate satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead, the file should be completed and re-submitted to ITTF.]
[Comment to Article 5.4.4.3: ITTF may agree with a National Anti-Doping Organization that the National Anti-Doping Organization will consider TUE applications on behalf of ITTF.]
21 [Comment to Article 5.4.4.4: The submission of falsified documents to a TUEC or ITTF, offering or accepting a bribe to a Person to perform or fail to perform an act, procuring false testimony from any witness, or committing any other fraudulent act or any other similar intentional interference or Attempted interference with any aspect of the TUE process shall result in a charge of Tampering or Attempted Tampering under Article 5.2.5.
An Athlete should not assume that their application for the grant or recognition of a TUE (or for renewal of a TUE) will be granted. Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.]
accordance with the International Standard for Therapeutic Use Exemptions. It shall also promptly be reported into ADAMS.
If the National Anti-Doping Organization refers the matter to WADA for review, the TUE granted by ITTF remains valid for international-level Competition and Out-of-Competition Testing (but is not valid for national-level Competition) pending WADA’s decision. If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by ITTF becomes valid for national-level Competition as well when the twenty-one (21) day review deadline expires.
If ITTF chooses to collect a Sample from an Athlete who is not an International- Level Athlete or a National-Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, ITTF must permit that Athlete to apply for a retroactive TUE.
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.22
22 [Comment to Article 5.4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 5.4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
23 [Comment to Article 5.4.4.7.2: In such cases, the decision being appealed is the ITTF’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
24 [Comment to Article 5.5.1: Where Testing is conducted for anti-doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti-Doping Organization’s rules. See, e.g., Comment to Article 23.2.2 of the Code.]
25 [Comment to Article 5.5.2.2: ITTF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories. Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00
International Standard for Testing and Investigations.
a.m., or has otherwise consented to Testing during that period, ITTF will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping. A challenge to whether ITTF had sufficient suspicion for Testing during this time period shall not be a defence to an anti-doping rule violation based on such test or attempted test.]
26 [Comment to Article 5.5.3.2: Before giving approval to a National Anti-Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event. Before giving approval to an International Federation to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti- Doping Organization of the country where the Event takes place. The Anti-Doping Organization “initiating and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.]
5.5.2. 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.
Such whereabouts information should be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organizations.
5.2.4 consequences, established by ITTF if any.
WADA, in consultation with ITTF and the Athlete's National Anti-Doping Organization, 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 5.13.27
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.
ITTF and the organizing committees for ITTF’s Events, as well as the Member Associations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events.
Samples shall be analysed in accordance with the following principles:
Samples and related analytical data or Doping Control information shall be analysed 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 5.4.5 of the Code, or to assist ITTF 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.29
27 [Comment to Article 5.5.6.1: WADA has developed a protocol and exemption application form that Athletes must use to make such requests, and a decision template that the International Federations must use. Both documents are available on WADA’s website at https://www.wada-ama.org.]
28 [Comment to Article 5.6.1: Violations of Article 5.2.1 may be established only by Sample analysis performed by a WADA-accredited laboratory or another laboratory approved by WADA. Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]
29 [Comment to Article 5.6.2: For example, relevant Doping Control-related information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 5.2.2, or both.]
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.30
In accordance with Article 6.4 of the Code, ITTF shall ask laboratories to analyse 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 analyse Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by ITTF. Results from any such analysis shall be reported to ITTF and have the same validity and Consequences as any other analytical result.31
There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time ITTF notifies an Athlete that the Sample is the basis for an Article 5.2.1 anti-doping rule violation charge. If after such notification ITTF wishes to conduct additional analysis on that Sample, it may do so with the consent of the Athlete or approval from a hearing body.
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 5.6.2 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.
30 [Comment to Article 5.6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. Samples and related information used for such permitted non-research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19 of the Code, as well as the requirements of the International Standard for Laboratories and International Standard for the Prote ction of Privacy and Personal Information.]
31 [Comment to Article 5.6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analysed.]
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.
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 or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. If WADA has not provided prior notice to the laboratory or Anti- Doping Organization before taking possession of a Sample or data, it shall provide such notice to the laboratory and each Anti-Doping Organization whose Samples or data have been taken by WADA within a reasonable time after taking possession. After analysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organization with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.32
ARTICLE 5.7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS
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.
32 [Comment to Article 5.6.8: Resistance or refusal to WADA taking physical possession of Samples or data could constitute Tampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories. Where necessary, the laboratory and/or the Anti-Doping Organization shall assist WADA in ensuring that the seized Sample or data are not delayed in exiting the applicable country.
WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti- doping rule violation, non-compliance by a Signatory or doping activities by another Person. However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. In particular, whether there is good cause or not shall not be a defence against an anti-doping rule violation or its Consequences.]
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.
ITTF 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.
Before giving an Athlete or other Person notice of a potential anti-doping rule violation as provided above, ITTF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule violation exists.
Adverse Passport Finding
33 [Comment to Article 5.7.4: Before a Provisional Suspension can be unilaterally imposed by ITTF, the internal review specified in these Anti-Doping Rules and the International Standard for Results Management must first be completed.]
If ITTF 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, ITTF shall impose a Provisional Suspension on the Athlete promptly upon or after the review and notification required by Article 5.7.2.
A mandatory Provisional Suspension may be eliminated if: (i) the Athlete demonstrates to the CAS Anti-Doping Division (CAS ADD) 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 5.10.2.4.1.
The CAS ADD’s decision not to eliminate a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.
ITTF may impose a Provisional Suspension for anti-doping rule violations not covered by Article 5.7.4.1 prior to the analysis of the Athlete’s B Sample or final hearing as described in Article 5.8.
An optional Provisional Suspension may be lifted at the discretion of ITTF at any time prior to the CAS ADD’s decision under Article 5.8, unless provided otherwise in the International Standard for Results Management.
Notwithstanding Articles 5.7.4.1 and 5.7.4.2, 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 the imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 5.8 on a timely basis after the 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 5.13.2.
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 5.7.4.1 or 5.7.4.2; 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.
Results Management decisions or adjudications by ITTF must not purport to be limited to a particular geographic area or the ITTF’s 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 5.9 and 5.10.10, any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences.34
ITTF shall notify Athletes, other Persons, Signatories and WADA of Results Management decisions as provided in Article 5.14.2 and in the International Standard for Results Management.
If an Athlete or other Person retires while the ITTF’s Results Management process is underway, ITTF retains authority to complete its Results Management process. If an Athlete or other Person retires before any Results Management process has begun, and ITTF 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, ITTF has authority to conduct Results Management.
34 [Comment to Article 5.7.5: Results Management decisions include Provisional Suspensions.
Each decision by ITTF should address whether an anti-doping rule violation was committed and all Consequences flowing from the violation, including any Disqualifications other than Disqualification under Article 5.10.1 (which is left to the ruling body for an Event). Pursuant to Article 5.15, such decision and its imposition of Consequences shall have automatic effect in every sport in every country. For example, for a determination that an Athlete committed an anti-doping rule violation based on an Adverse Analytical Finding for a Sample taken In-Competition, the Athlete’s results obtained in the Competition would be Disqualified under Article 5.9 and all other competitive results obtained by the Athlete from the date the Sample was collected through the duration of the period of Ineligibility are also Disqualified under Article 5.10.10; if the Adverse Analytical Finding resulted from Testing at an Event, it would be the Major Event Organization’s responsibility to decide whether the Athlete’s other individual results in the Event prior to Sample collection are also Disqualified under Article 5.10.1.]
35 [Comment to Article 5.7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the authority of any Anti-Doping Organization would not constitute an anti-doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organization.]
ARTICLE 5.8 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, ITTF 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.
ITTF has delegated its Article 5.8 responsibilities (first instance hearings, waiver of hearings and decisions) to the CAS Anti-Doping Division (CAS ADD) as an appropriate independent forum. The procedural rules of the arbitration shall be governed by the rules of the CAS ADD. CAS ADD will always ensure that the Athlete or other Person is provided with 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.
36 [Comment to Article 5.8.1.2.4: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti- doping rule violation is necessary to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete's results or continued participation in the Event.]
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, ITTF (where it has Results Management responsibility in accordance with Article 5.7) and WADA, be heard in a single hearing directly at CAS.37
ARTICLE 5.9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS
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.38
37 [Comment to Article 5.8.4: An Anti-Doping Organization may participate in the CAS hearing as an observer. Nothing set out in Article
5.8.4 precludes the Athlete or other Person and ITTF (where it has Results Management responsibility) to waive their right to appeal by agreement. Such waiver, however, only binds the parties to such agreement and not any other entity with a right of appeal under the Code.]
38 [Comment to Article 5.9: For Team Sports, any awards received by individual players will be Disqualified. However, Disqualification of the team will be as provided in Article 5.11. In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.]
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.39
The period of Ineligibility for a violation of Article 5.2.1, 5.2.2 or 5.2.6 shall be as follows, subject to potential elimination, reduction or suspension pursuant to Article 5.10.5, 5.10.6 or 5.10.7:
Ineligibility shall be two (2) years.
39 [Comment to Article 5.10.1.1: Whereas Article 5.9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the Men’s Singles), this Article may lead to Disqualification of all results in all competitions during the Event (e.g., the World Championships).]
40 [Comment to Article 5.10.2.1.1: While it is theoretically possible for an Athlete or other Person to establish that the anti-doping rule violation was not intentional without showing how the Prohibited Substance entered one’s system, it is highly unlikely that in a doping case under Article 5.2.1 an Athlete will be successful in proving that the Athlete acted unintentionally without establishing the source of the Prohibited Substance.]
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.41
In addition, the period of Ineligibility calculated under this Article 5.10.2.4.1 may be reduced to one (1) month if the Athlete or other Person satisfactorily completes a Substance of Abuse treatment program approved by ITTF. The period of Ineligibility established in this Article 5.10.2.4.1 is not subject to any reduction based on any provision in Article 5.10.6.42
The period of Ineligibility for anti-doping rule violations other than as provided in Article 5.10.2 shall be as follows, unless Article 5.10.6 or 5.10.7 are applicable:
41 [Comment to Article 5.10.2.3: Article 5.10.2.3 provides a special definition of “intentional” which is to be applied solely for purposes of Article 5.10.2.]
42 [Comment to Article 5.10.2.4.1: The determinations as to whether the treatment program is approved and whether the Athlete or other Person has satisfactorily completed the program shall be made in the sole discretion of ITTF. This Article is intended to give ITTF the leeway to apply their own judgment to identify and approve legitimate and reputable, as opposed to “sham”, treatment programs. It is anticipated, however, that the characteristics of legitimate treatment programs may vary widely and change over time such that it would not be practical for WADA to develop mandatory criteria for acceptable treatment programs.]
If ITTF establishes in an individual case involving an anti-doping rule violation other than violations under Article 5.2.7 (Trafficking or Attempted Trafficking),
5.2.8 (Administration or Attempted Administration), 5.2.9 (Complicity) or 5.2.11 (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.46
43 [Comment to Article 5.10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than the Athletes who test positive. Since the authority of sport organizations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.]
44 [Comment to Article 5.10.3.5: Where the “other Person” referenced in Article 5.2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 5.12.]
45 [Comment to Article 5.10.3.6: Conduct that is found to violate both Article 5.2.5 (Tampering) and Article 5.2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) shall be sanctioned based on the violation that carries the more severe sanction.]
46 [Comment to Article 5.10.4: Violations under Articles 5.2.7 (Trafficking or Attempted Trafficking), 5.2.8 (Administration or Attempted Administration), 5.2.9 (Complicity or Attempted Complicity) and 5.2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) are not included in the application of Article 5.10.4 because the sanctions for these violations already build in sufficient discretion up to a lifetime ban to allow consideration of any Aggravating Circumstance.]
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.47
All reductions under Article 5.10.6.1 are mutually exclusive and not cumulative.
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 Athlete’s or other Person’s degree of Fault.
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.48
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
47 [Comment to Article 5.10.5: This Article and Article 5.10.6.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. They will only apply in exceptional circumstances, for example, where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabelled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 5.2.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or other Person within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 5.10.6 based on No Significant Fault or Negligence.]
48 [Comment to Article 5.10.6.1.2: In order to receive the benefit of this Article, the Athlete or other Person must establish not only that the detected Prohibited Substance came from a Contaminated Product, but must also separately establish No Significant Fault or Negligence. It should be further noted that Athletes are on notice that they take nutritional supplements at their own risk. The sanction reduction based on No Significant Fault or Negligence has rarely been applied in Contaminated Product cases unless the Athlete has exercised a high level of caution before taking the Contaminated Product. In assessing whether the Athlete can establish the source of the Prohibited Substance, it would, for example, be significant for purposes of establishing whether the Athlete actually Used the Contaminated Product, whether the Athlete had declared the product which was subsequently determined to be contaminated on the Doping Control form.
This Article should not be extended beyond products that have gone through some process of manufacturing. Where an Adverse Analytical Finding results from environment contamination of a “non-product” such as tap water or lake water in circumstances where no reasonable person would expect any risk of an anti-doping rule violation, typically there would be No Fault or Negligence under Article 5.10.5.]
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.
If an Athlete or other Person establishes in an individual case where Article
5.10.6.1 is not applicable that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in Article 5.10.7, 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.49
Consequences for Reasons Other than Fault
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
49 [Comment to Article 5.10.6.2: Article 5.10.6.2 may be applied to any anti-doping rule violation except those Articles where intent is an element of the anti-doping rule violation (e.g., Article 5.2.5, 5.2.7, 5.2.8, 5.2.9 or 5.2.11) or an element of a particular sanction (e.g., Article 5.10.2.1) or a range of Ineligibility is already provided in an Article based on the Athlete or other Person’s degree of Fault.]
50 [Comment to Article 5.10.7.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport.]
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 5.10.9.3.2 of these Anti-Doping Rules.
If so requested by an Athlete or other Person who seeks to provide Substantial Assistance, ITTF 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, ITTF shall reinstate the original Consequences. If ITTF 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 5.13.
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 5.2.1, before receiving first notice of the admitted violation pursuant to Article 5.7) 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.51
51 [Comment to Article 5.10.7.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti- doping rule violation in circumstances where no Anti-Doping Organization is aware that an anti-doping rule violation might have been
Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 5.10.5, 5.10.6 or 5.10.7, before applying any reduction or suspension under Article 5.10.7, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 5.10.2, 5.10.3, 5.10.5, and 5.10.6. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 5.10.7, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.
Where an Athlete or other Person, after being notified by ITTF 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 5.10.4), 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 ITTF. Where the Athlete or other Person receives the one (1) year reduction in the asserted period of Ineligibility under this Article 5.10.8.1, no further reduction in the asserted period of Ineligibility shall be allowed under any other Article.52
Where the Athlete or other Person admits an anti-doping rule violation after being confronted with the anti-doping rule violation by ITTF and agrees to Consequences acceptable to ITTF 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 ITTF and WADA of the application of Articles 5.10.1 through 5.10.7 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 ITTF to enter or not enter into a case resolution agreement, and the amount of the reduction to,
committed. It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he or she not come forward voluntarily.]
52 [Comment to Article 5.10.8.1: For example, if ITTF alleges that an Athlete has violated Article 5.2.1 for Use of an anabolic steroid and asserts the applicable period of Ineligibility is four (4) years, then the Athlete may unilaterally reduce the period of Ineligibility to three
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 5.13.
If so requested by an Athlete or other Person who seeks to enter into a case resolution agreement under this Article, ITTF 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.53
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.
53 [Comment to Article 5.10.8: Any mitigating or aggravating factors set forth in this Article 5.10 shall be considered in arriving at the Consequences set forth in the case resolution agreement, and shall not be applicable beyond the terms of that agreement.]
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 5.10.10.54
For purposes of Article 5.10.9, each anti-doping rule violation must take place within the same ten (10) year period in order to be considered multiple violations.
In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 5.9, 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.55
If ITTF recovers prize money forfeited as a result of an anti-doping rule violation, it shall take reasonable measures to allocate and distribute this prize
54 [Comment to Article 5.10.9.3.1: The same rule applies where, after the imposition of a sanction, ITTF discovers facts involving an anti- doping rule violation that occurred prior to notification for a first anti-doping rule violation – e.g., ITTF shall impose a sanction based on the sanction that could have been imposed if the two (2) violations had been adjudicated at the same time, including the application of Aggravating Circumstances.]
55 [Comment to Article 5.10.10: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.]
money to the Athletes who would have been entitled to it had the forfeiting
Athlete not competed.56
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 as 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.
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, ITTF or CAS ADD, 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.57
56 [Comment to Article 5.10.11: This Article is not intended to impose an affirmative duty on ITTF to take any action to collect forfeited prize money. If ITTF elects not to take any action to collect forfeited prize money, it may assign its right to recover such money to the Athlete(s) who should have otherwise received the money. “Reasonable measures to allocate and distribute this prize money” could include using collected forfeited prize money as agreed upon by ITTF and its Athletes.]
57 [Comment to Article 5.10.13.1: In cases of anti-doping rule violations other than under Article 5.2.1, the time required for an Anti- Doping Organization to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirmative action to avoid detection. In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.]
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
An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing and any requirement by ITTF to provide whereabouts information.59
58 [Comment to Article 5.10.13.2.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way to draw an adverse inference against the Athlete.]
59 [Comment to Article 5.10.14.1: For example, subject to Article 5.10.14.2 below, Ineligible Athletes cannot participate in a training camp, exhibition or practice organized by their Member Association or a club which is a member of that Member Association or which is funded by a governmental agency. Further, an Ineligible Athlete may not compete in a non-Signatory professional league, Events organized by a non-Signatory International Event organization or a non-Signatory national-level Event organization without triggering the Consequences set forth in Article 5.10.14.3. The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization described in this Article. Ineligibility imposed in one sport shall also be recognized by other sports (see Article 5.15.1, Automatic Binding Effect of Decisions). An Athlete or other Person serving a period of Ineligibility is prohibited from coaching or serving as an Athlete Support Person in any other capacity at any time during the period of Ineligibility, and doing so could also result in a violation of Article 5.2.10 by another Athlete. Any performance standard accomplished during a period of Ineligibility shall not be recognized by ITTF or its Member Associations for any purpose.]
As an exception to Article 5.10.14.1, an Athlete may return to train with a team or to use the facilities of a club or other member organization of ITTF’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.60
Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 5.10.14.1, 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 5.13.
An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in Article 5.10.14.1 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, ITTF shall impose sanctions for a violation of Article
5.2.9 for such assistance.
In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 5.10.5 or 5.10.6, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by ITTF and its Member Associations.
A mandatory part of each sanction shall include automatic publication, as provided in Article 5.14.3.
ARTICLE 5.11 CONSEQUENCES TO TEAMS
Where one (1) member of a team or Doubles Pair (outside of Team Sports) has been notified of an anti-doping rule violation under Article 5.7 in connection with an Event,
60 [Comment to Article 5.10.14.2: In many Team Sports and some individual sports, Athletes cannot effectively train on their own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 5.10.14.1 other than training.]
the ruling body for the Event shall conduct appropriate Target Testing of all members of the team during the Event Period.
When ITTF becomes aware that a Member Association or any other sporting body 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, ITTF has the authority and may take the following additional disciplinary actions:
ARTICLE 5.13 RESULTS MANAGEMENT: APPEALS 61
Decisions made under the Code or these Anti-Doping Rules may be appealed as set forth below in Articles 5.13.2 through 5.13.7 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.
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.62
In making its decision, CAS shall not give deference to the discretion exercised by the body whose decision is being appealed.63
61 [Comment to Article 5.13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. Anti-doping decisions by Anti-Doping Organizations are made transparent in Article 5.14. Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. Note that the definition of interested Persons and organizations with a right to appeal under Article 5.13 does not include Athletes, or their federation s, who might benefit from having another competitor Disqualified.]
62 [Comment to Article 5.13.1.1: The revised language is not intended to make a substantive change to the 2015 Code, but rather for clarification. For example, where an Athlete was charged in the first instance hearing only with Tampering but the same conduct could also constitute Complicity, an appealing party could pursue both Tampering and Complicity charges against the Athlete in the appeal.]
63 [Comment to Article 5.13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]
Where WADA has a right to appeal under Article 5.13 and no other party has appealed a final decision within ITTF’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in ITTF’s process.64
A 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 5.5.6.1; a decision by WADA assigning Results Management under Article
5.7.1 of the Code; a decision by ITTF 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; ITTF’s failure to comply with Article 5.7.4; a decision that ITTF 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 5.10.7.1; failure to comply with Articles 5.7.1.4 and 5.7.1.5 of the Code; failure to comply with Article 5.10.8.1; a decision under Article 5.10.14.3; a decision by ITTF not to implement another Anti-Doping Organization’s decision under Article 5.15; and a decision under Article 27.3 of the Code may be appealed exclusively as provided in this Article 5.13.2.
In cases arising from participation in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS.65
In cases where Article 5.13.2.1 is not applicable, the decision may be appealed to an appellate body, in accordance with rules adopted by the National Anti- Doping Organization having authority over the Athlete or other Person.
The rules for such appeal shall respect the following principles: a timely hearing; a fair, impartial, Operationally Independent and Institutionally Independent hearing panel; the right to be represented by counsel at the Person's own expense; and a timely, written, reasoned decision.
If no such body as described above is in place and available at the time of the appeal, the decision may be appealed to CAS in accordance with the applicable procedural rules.
64 [Comment to Article 5.13.1.3: Where a decision has been rendered before the final stage of ITTF’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of ITTF’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in ITTF’s internal process and appeal directly to CAS.]
65 [Comment to Article 5.13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]
In cases under Article 5.13.2.1, 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) ITTF; (d) 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.
In cases under Article 5.13.2.2, the parties having the right to appeal to the national-level appeal body shall be as provided in the National Anti-Doping Organization's rules but, at a minimum, shall include the following parties:
(c) ITTF; (d) 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 5.13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and ITTF shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body.
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.
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.
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.
Decisions by ITTF pursuant to Article 5.12 may be appealed exclusively to
CAS by the Member Association or other body.
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 5.13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.66
Where, in a particular case, ITTF 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 ITTF 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 ITTF.67
TUE decisions may be appealed exclusively as provided in Article 5.4.4.
ITTF 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 5.13.2.3 as provided under Article 5.14.2.
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:
The above notwithstanding, the filing deadline for an appeal filed by WADA
shall be the later of:
66 [Comment to Article 5.13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. This provision permits a full hearing for all parties.]
67 [Comment to Article 5.13.3: Given the different circumstances of each anti-doping rule violation investigation and Results Management process, it is not feasible to establish a fixed time period for ITTF to render a decision before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA will consult with ITTF and give ITTF an opportunity to explain why it has not yet rendered a decision.]
68 [Comment to Article 5.13.6: Whether governed by CAS rules or these Anti-Doping Rules, a party’s deadline to appeal does not begin running until receipt of the decision. For that reason, there can be no expiration of a party's right to appeal if the party has not received the decision.]
The time to file an appeal to an independent and impartial body in accordance with rules established by the National Anti-Doping Organization shall be indicated by the same rules of the National Anti-Doping Organization.
The above notwithstanding, the filing deadline for an appeal filed by WADA
shall be the later of:
Notice to Athletes or other Persons of anti-doping rule violations asserted against them shall occur as provided under Articles 5.7 and 5.14.
If at any point during Results Management up until the anti-doping rule violation charge, ITTF 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).
Notice shall be delivered or emailed to Athletes or other Persons. Athletes and other Persons shall be deemed to be validly notified if any notifications or notices under these Anti-Doping Rules are delivered to their Member Association. It shall be the responsibility of the Member Association to notify the Athlete or other Person. If the notification takes place via a Member Association, the Member Association shall confirm to the ITTF that they have delivered the notification to the Athlete or other Person.
and WADA
Notice of the assertion of an anti-doping rule violation to the Athlete’s or other Person’s National Anti-Doping Organization and WADA shall occur as provided under Articles 5.7 and 5.14, 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, ITTF 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 5.13.2.3.
Notice shall be delivered or emailed.
Notification 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 5.2.1 shall also include the rule violated and the basis of the asserted violation.
Except with respect to investigations which have not resulted in a notice of an anti-doping rule violation pursuant to Article 5.14.1.1, the Athlete’s or other Person’s National Anti-Doping Organization and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 5.7, 5.8 or 5.13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.
The 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, Member Association, until ITTF has made Public Disclosure as permitted by Article 5.14.3.
ITTF 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 5.14.3. ITTF shall ensure that its employees (whether permanent or otherwise), contractors, agents, consultants, and Delegated Third Parties are subject to 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.
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 ITTF.
69 [Comment to Article 5.14.3.2: Where Public Disclosure as required by Article 5.14.3.2 would result in a breach of other applicable laws, ITTF’s failure to make the Public Disclosure will not result in a determination of non-compliance with Code as set forth in Article
4.1 of the International Standard for the Protection of Privacy and Personal Information.]
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.
ITTF shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA. ITTF may also publish reports showing the name of each Athlete tested and the date of each Testing.
To 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, ITTF shall report to WADA through ADAMS Doping Control-related information, including, in particular:
National-Level Athletes,
as required under the applicable International Standard(s).
accordance with Article 5.7.4.3) automatically prohibits the Athlete or other Person from participation (as described in Article 5.10.14.1) in all sports within the authority of any Signatory during the Provisional Suspension.
ITTF and its Member Associations may decide to implement other anti-doping decisions rendered by Anti-Doping Organizations not described in Article
5.15.1.1 above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person.71
5.15.3 Implementation of Decisions by Body that is not a Signatory
70 [Comment to Article 5.15.1.4: By way of example, where the rules of the Major Event Organization give the Athlete or other Person the option of choosing an expedited CAS appeal or a CAS appeal under normal CAS procedure, the final decision or adjudication by the Major Event Organization is binding on other Signatories regardless of whether the Athlete or other Person chooses the expedited appeal option.]
71 [Comment to Articles 5.15.1 and 5.15.2: Anti-Doping Organization decisions under Article 5.15.1 are implemented automatically by other Signatories without the requirement of any decision or further action on the Signatories’ part. For example, when a National Anti- Doping Organization decides to Provisionally Suspend an Athlete, that decision is given automatic effect at the International Federation level. To be clear, the “decision” is the one made by the National Anti-Doping Organization, there is not a separate decision to be made by the International Federation. Thus, any claim by the Athlete that the Provisional Suspension was improperly imposed can only be asserted against the National Anti-Doping Organization. Implementation of Anti-Doping Organizations’ decisions under Article
5.15.2 is subject to each Signatory’s discretion. A Signatory’s implementation of a decision under Article 5.15.1 or Article 5.15.2 is not appealable separately from any appeal of the underlying decision. The extent of recognition of TUE decisions of other Anti-Doping Organizations shall be determined by Article 5.4.4 and the International Standard for Therapeutic Use Exemptions.]
An anti-doping decision by a body that is not a Signatory to the Code shall be implemented by ITTF and its Member Associations, if ITTF 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.72
No 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 5.7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.
ARTICLE 5.17 EDUCATION
ITTF 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.
ITTF may decide to request that Athletes to complete Educational activities before and/or during their participation in select Event (e.g.: World Youth Championships) as a condition of such participation. The list of Events for which Athletes will be required to complete Educational activities as a condition of participation will be published on ITTF’s website.
Failure by the Athlete to complete Educational activities as requested by ITTF may result in the imposition of sanction under ITTF's disciplinary rules, unless the Athlete provides to ITTF a justification for such failure, which shall be assessed by ITTF on a case-by-case basis.
ARTICLE 5.18 ADDITIONAL ROLES AND RESPONSIBILITIES OF MEMBER ASSOCIATIONS
72 [Comment to Article 5.15.3: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, ITTF, other Signatories and Member Associations should attempt to apply the decision in harmony with the principles of the Code. For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in the Athlete’s body but the period of Ineligibility applied is shorter than the period provided for in the Code, then ITTF and all other Signatories should recognize the finding of an anti-doping rule violation and the Athlete’s National Anti-Doping Organization should conduct a hearing consistent with Article
5.8 to determine whether the longer period of Ineligibility provided in the Code should be imposed. ITTF or other Signatory’s implementation of a decision, or their decision not to implement a decision under Article 5.15.3, is appealable under Article 5.13.]
its anti-doping authority.
Code and the International Standards in accordance with Article 24.1.2 of the Code.
(6) years which would have constituted a violation of anti-doping rules if Code- compliant rules had been applicable to them.
investigating anti-doping rule violations may result in a charge of misconduct under
ITTF's disciplinary rules.
ARTICLE 5.21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL
73 [Comment to Article 5.20.2: With due regard to an Athlete’s human rights and privacy, legitimate anti-doping considerations sometimes require Sample collection late at night or early in the morning. For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning.]
Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping Organizations investigating anti-doping rule violations may result in a charge of misconduct under ITTF's disciplinary rules.
Prohibited Method without valid justification.
Any such Use or Possession may result in a charge of misconduct under ITTF's disciplinary rules.
PERSONS SUBJECT TO THESE ANTI-DOPING RULES
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 charge of misconduct under ITTF's disciplinary rules.
(provided, however, that Article 5.16 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).
74 [Comment to Article 5.24.7.5: Other than the situation described in Article 5.24.7.5, where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, these Anti- Doping Rules may not be used to re-characterize the prior violation.]
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. 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, 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,
75 [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
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; analyse 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 5.2.1, 5.2.3 or 5.2.5 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 5.2.8 and Article 5.2.9 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.76
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.
76 [Comment to Athlete: Individuals who participate in sport may fall in one of five categories: 1) International-Level Athlete, 2) National- Level Athlete, 3) individuals who are not International- or National-Level Athletes but over whom the International Federation or National Anti-Doping Organization has chosen to exercise authority, 4) Recreational Athlete, and 5) individuals over whom no International Federation or National Anti-Doping Organization has, or has chosen to, exercise authority. All International- and National- Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping Organizations.]
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 ITTF. A Competition is an event for Singles, Doubles Pairs or Teams.
Continental and Regional Federations: Groups of ITTF Member Associations recognized by the ITTF to which the ITTF can delegate the organization of certain Continental or Regional events.
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 5.10.14; (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 5.8; (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 5.14. Teams in Team Sports may also be subject to Consequences as provided in Article 5.11.
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 ITTF 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 ITTF, or individuals serving as independent contractors who perform Doping Control services for ITTF (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, and investigations or proceedings relating to violations of Article 5.10.14 (Status During Ineligibility or Provisional Suspension).
Doubles Pair: Set of two table tennis players associated to compete together according to the table tennis rules for doubles events.
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, 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. For ITTF, the Event Period is considered the period which starts at 11:59 p.m. of the day before the Event and finishes at 11:59 p.m. of the day on which the Event ends.
Event Venues: Those venues so designated by the ruling body for the Event. For ITTF, it means that part of the event building used for Table Tennis and its related activities (including official training), facilities and public areas.
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 behaviour. 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 5.10.6.1 or 5.10.6.2.77
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.78
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.
77 [Comment to Fault: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered. However, under Article 5.10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]
78 [Comment to In-Competition: Having a universally accepted definition for In-Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In-Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any potential performance enhancement benefits from substances prohibited Out-of-Competition being carried over to the Competition period.]
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. For the sport of table tennis, International-Level Athletes are defined as set out in the Scope section of the Introduction to these Anti-Doping Rules.79
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.
79 [Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, ITTF is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc. However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes. For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.]
National Event: A sport Event or Competition involving International- or National-Level Athletes that is not an International Event.
Member Association: A national or regional entity which is a member of or is recognized by ITTF as the entity governing ITTF's sport in that nation or region.
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.
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 5.2.1, 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 5.2.1, 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.80
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.81
Provisional Hearing: For purposes of Article 5.7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 5.8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.82
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
80 [Comment to Possession: Under this definition, anabolic steroids found in an Athlete's car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, ITTF must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them. Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, ITTF must est ablish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control over them. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third-party address.]
81 [Comment to Protected Person: The Code treats Protected Persons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may not possess the mental capacity to understand and appreciate the prohibitions against conduct contained in the Code. This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment. The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
82 [Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case. By contrast, an “expedited hearing”, as that term is used in Article 5.7.4.3, is a full hearing on the merits conducted on an expedited time schedule.]
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.83
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 5.5.5 and the International Standard for Testing and Investigations.
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.84
Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23 of the Code.
Specified Method: See Article 5.4.2.2.
Specified Substance: See Article 5.4.2.2.
Strict Liability: The rule which provides that under Article 5.2.1 and Article 5.2.2, 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 5.4.2.3.
Substantial Assistance: For purposes of Article 5.10.7.1, 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 5.10.7.1.1, and (2) fully cooperate with the investigation and adjudication
83 [Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories.]
84 [Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups. It has been determined that there is no basis for any such claim.]
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.85
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 5.4.4 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
85 [Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process. Tampering includes misconduct which occurs during the Results Management process. See Article 10.9.3.3. However, actions taken as part of a Person's legitimate defence to an anti-doping rule violation charge shall not be considered Tampering. Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.]
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 5.10.7.1.1 and 5.10.8.2, 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 any source other than during the specific time-limited setting described in the agreement.
The Code of Ethics is based on the IOC Code of Ethics and aims to preserve the highest possible ethical values that govern the ITTF, its Officers and the entire ITTF Family.
The ITTF, all its members (Member Associations), affiliated organisations (Continental Federations and other groups of associations), the ITTF Foundation, WTT, as well as all the aforesaid parties’ officials, decision-making bodies, honorary members, officers, employees, services providers, delegated third parties and their employees, players, players’ entourages and such other persons involved in the aforesaid parties’ operations (hereinafter “the Table Tennis pParties”) restate their commitment to the Olympic Charter and in particular its Fundamental Principles and reaffirm their loyalty to the Olympic ideal inspired by Pierre de Coubertin.
The Table Tennis pParties undertake to disseminate the culture of ethics and integrity within their respective areas of competence and to serve as role models.
The Table Tennis pParties undertake to comply and ensure compliance with the Code of Ethics in the following circumstances:
The members undertake to adopt, for their internal activities, a code of ethics based on the principles and rules of the Code of Ethics and the IOC Code of Ethics, or in a written declaration to adopt the Code of Ethics.
They must refrain from any act involving fraud or corruption. They must not act in a manner likely to tarnish the reputation of the ITTF.
activity for a maximum of two years. For violations committed by an individual, sanctions shall be increased accordingly if the individual holds a high position in table tennis. Particularly, for a breach of Article 6.2.1.3, any interested Table Tennis Party may seek a declaration from the ITTF Tribunal (and on an expeditated basis, if deemed appropriate by the ITTF Tribunal) that the subject statement is false and/or that the subject material contains a false statement of fact, without limiting any other order that the ITTF Tribunal may grant.
Such tokens may not lead to the impartiality and integrity of the Table Tennis parties being called into question.
Any other form of token, object or benefit constitutes a gift which may not be accepted by an individual, but must be passed on to the organisation of which the beneficiary is a member.
another person or organisation that would be affected by the person’s opinion or decision.
organisation that would be affected by the person’s opinion or decision. An actual conflict of interest may occur irrespective of whether or not the person has declared the relevant interests.
activity for a maximum of two years. For violations committed by an individual, sanctions shall be increased accordingly if the individual holds a high position in table tennis.
6.2.4 For hospitality shown to the Table Tennis parties, as well as those accompanying them, standards consistent with acceptable past practices must be respected.
representation, (c) or submitting any materially false or misleading information or material.
against any person for any reason related to that person’s assistance to or cooperation with the ITTF Integrity Unit.
6.2.5 The Table Tennis parties must refrain from placing themselves in any conflict of interests, and must respect the Rules Concerning Conflicts of Interests Affecting the Behaviour of Table Tennis parties. Namely: "A situation of a potential conflict of interests arises when the opinion or decision of a person, acting alone or within an organisation, in the framework of the activities of the physical or legal persons defined in article 1 above, may be reasonably considered as liable to be influenced by relations that the aforementioned person has, has had or is on the point of having with another person or
organisation that would be affected by the person’s opinion or decision."
In order to preserve the integrity and neutrality of the various candidature procedures, the support and promotion of any of the candidatures by broadcasters, sponsors, partners and other supporters must be in a form consistent with the rules of sport and the principles defined in the Olympic Charter and the present Code.
The broadcasters, sponsors, partners and other supporters must not interfere in the running of the ITTF nor its events.
It must also be strictly respected by any person concerned by with the activities of the Ethics Commission ITTF Integrity Unit.
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mechanisms related to a violation of the Code of Ethics. , with a view to possible referral to the Ethics Commission.
8.8.3.3.3.1 Candidates shall limit the number of trips that they make specifically with a view to promoting their candidature in order to avoid excessive expenditure, a factor of inequality amongst the candidates.
particularly interested personally or financially in the outcome of the matter or represents any person who is thus interested.
are likely to lead to any doubt about such persons’ impartiality.
Commission’s decision may be appealed to the ITTF Tribunal.
6.8.4 5 Basic Universal Principles of Good Governance of the Olympics and Sports Movement (adopted directly from the IOC Code)
6.8.4 5.1 Vision, mission and strategy
6.8.4 5.1.1 The vision and overall goals of the organisations have to be clearly defined and communicated.
6.8.4 5.1.2 The mission should include:
6.8.4 5.1.2.1 development and promotion of sport through non-profit organisations
6.8.4 51.2.2 promotion of the values of sport,
6.8.4 51.2.3 organisation of competitions,
6.8.4 51.2.4 ensuring a fair sporting contest at all times,
6.8.4 51.2.5 protection of the members and particularly the athletes,
6.8.4 51.2.6 solidarity,
6.8.4 51.2.7 respect for the environment.
6.8.4 51.3 The strategy is to be aligned with the vision and regularly adapted to the environment. The strategy of sporting organisations should be elaborated at the highest level of the organisation.
6.8.4 52.1 Structures, regulations and democratic process
6.8.4 52.1.1 All sports organisations in the Olympic and Sports Movement should be based on the concept of membership within entities established in accordance with applicable laws.
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The sports organisations should include as members legal or physical persons who constitute the organisation and contribute to form the will of the organisation.
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The stakeholders of the organisation encompass all members who make up the organisation as well as all external entities who are involved and have a link, relation with or interest in the organisation.
6.8..4 52.2 All regulations of each organisation and governing body, including but not limited to, statute on institutions and other procedural regulations, should be clear, transparent, disclosed, publicised and made readily available.
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Clear regulations allow understanding, predictability and facilitate good governance.
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The procedure to modify or amend the regulations should also be clear and transparent.
6.8.4 52.3 Governing bodies
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The size of the governing bodies should be adequate and consistent with the size of the sports organisations.
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The tasks and responsibilities of the governing bodies should be clearly defined in the applicable regulations and should be adapted and reviewed as necessary.
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Governing bodies should be entitled to create standing or ad hoc committees with specific responsibilities, in order to help them in their tasks.
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The organisation should set out and adopt reliable and appropriate criteria for the election or appointment of members of the governing bodies so as to ensure a high level of competence, quality and good governance.
6.8.4 52.4 Representative governing bodies
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Members of the organisation should be represented within the governing bodies, particularly women and athletes.
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Special care should be taken for protection and representation of minority groups.
6.8.4 52.5 Democratic processes, such as elections, should be governed by clear, transparent and fair rules.
6.8.4 52.6 Attributions of the respective bodies
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A clear allocation of responsibilities between the different bodies such as general assembly, executive body, committees or disciplinary bodies, should be determined.
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There should be a balance of power between the bodies responsible for the management, supervision and control of the sport organisations: principle of checks and balances.
6.8.4 52.7 Decision-making
6.8.4 52.8 Conflicts of interests
6.8.4 52.9 Election or renewal of office-bearers on a regular basis
6.8.4.2.9.1 The duration of the terms of office should be pre-determined in order to allow election/renewal of office-bearers on a regular basis. Access for new candidates should be encouraged.
6.8.4 52.10 Decisions and appeals
6.8.4 5.3.1 Competence of the members of the executive body
6.8.4 5.3.2 Power of signature
6.8.4 5.3.3 Internal management, communication and coordination
6.8.4 5.3.4 Risk management
6.8.4.3.4.1 A clear and adequate risk-management process should be put in place:
6.8.4 5.3.4.1.1 identification of potential risks for the sports organisations,
6.8.4 5.3.4.1.2 evaluation of risks,
6.8.4 5.3.4.1.3 control of risks,
6.8.4 5.3.4.1.4 monitoring of risks,
6.8.4 5.3.4.1.5 disclosure/transparency.
6.8.4 5.3.5 Appointment of the members of the management
6.8.4 5.3.5.1 Leadership is above management.
6.8.4 5.3.5.2 The majority of the members of management should be professional.
6.8.4 5.3.5.3 Candidates should have professional competency and an impeccable professional history.
6.8.4 5.3.5.4 The selection process should be based on objective criteria and should be set out clearly.
6.8.4 5.3.6 Code of Ethics and ethical issues
6.8.4 5.3.6.1 Develop, adapt and implement ethical principles and rules. Ethical rules should refer to and be inspired by the IOC Code of Ethics.
6.8.4 5.3.6.2 Monitor the implementation of ethical principles and rules.
6.8.4 5.4.1 All bodies, whether elected or appointed, shall be accountable to the members of the organisation and, in certain cases, to their stakeholders.
6.8.4 5.4.2 In particular, the executive body shall be accountable to the General Assembly of the organisation. Management shall be accountable to the executive body.
6.8.4 5.4.3 All employees shall be accountable to management.
6.8.4 5.4.4 Processes and mechanisms
6.8.4 5.4.4.1 Adequate standards and processes for accountability should be in place and available to all organisations, and consistently applied and monitored.
6.8.4 5.4.4.2 Clear and measurable objectives and targets must be set for the organisation, its boards, management and staff, including also appropriate tools for assessment.
6.8.4 5.4.7 Transparency and communication
6.8.4 5.4.7.1 Financial information should be disclosed gradually and in appropriate form to members, stakeholders and the public. Disclosure of financial information should be done on an annual basis.
6.8.4 5.4.7.2 The financial statements of sports organisations should be presented in a consistent way in order to be easily understood.
6.8.4 5.4.8 Financial matters applicable laws, rules, procedures and standards
6.8.4 5.4.8.1 Accounts should be established in accordance with the applicable laws and “True and fair view” principle.
6.8.4 5.4.8.2 The application of internationally recognised standards should be strongly encouraged in all sports organisations and required for an international body.
6.8.4 5.4.8.3 For all organisations, annual financial statements are to be audited by independent and qualified auditors.
6.8.4 5.4.8.4 Accountability and financial reports should be produced on a regular basis.
6.8.4 5.4.8.5 Information about remuneration and financial arrangements of the governing bodies’ members should be part of the annual accounts.
6.8.4 5.4.8.6 Clear rules regarding remuneration of the members of governing bodies and managers should be enforced. Remuneration procedures should be transparent and predictable.
6.8.4 5.4.9 Internal control system
6.8.4 5.4.9.1 Internal control of the financial processes and operations should be established within the sports organisations.
6.8.4 5.4.9.2 The adoption of a compliance system, document retention system and information security system should be encouraged.
6.8.4 5.4.9.3 The structure of the internal control system should depend on the size and importance of the organisation. Audit committees should be appointed for large sports organisations.
6.8.4 5.4.10 Education and training
6.8.4 5.4.10.1 There should be an induction programme for all new members of staff, volunteer officers and all board members.
6.8.4 5.4.10.2 On-going education and training of executives, volunteers and employees should be integral to operations.
6.8.4 5.4.10.3 The promotion of self-education and regular training within the sport organisations should be encouraged.
6.8.4 5.5.1 Distribution of resources
6.8.4 5.5.1.1 As a principle, financial resources which are proceeds of sport should be allocated to sport and in particular to its development after covering all necessary sports-related costs.
6.8.4 5.5.1.2 Financial revenues should be distributed in a fair and efficient manner. A fair distribution of the financial revenues contributes to having balanced and attractive competitions. A clear and transparent policy for the allocation of the financial revenues is essential.
6.8.4 5.5.2 Equity
6.8.4 5.5.2.1 Resources should be distributed equitably. The equity in sport should be reinforced.
6.8.4 5.5.2.2 The right to participate in competitions should be encouraged and secured for those at an appropriate level for the athletes concerned.
6.8.4 5.5.2.3 The opportunity to organise large sports events should be open. The criteria for choosing venues for events should be fair and transparent.
6.8.4 5.5.3 Development
6.8.4 5.5.3.1 The development of partnership relations between different sports organisations in developing countries should be encouraged. The expansion of sports facilities in developing countries should be promoted.
6.8.4 5.6.1 Right to participate and involvement of the athletes in the Olympic and Sports Movement and governing bodies
6.8.4 5.6.1.1 The right of athletes to participate in sports competitions at an appropriate level should be protected. Sports organisations must refrain from any discrimination.
6.8.4 5.6.1.2 The voice of the athletes should be heard in sporting organisations.
6.8.4 5.6.2 Protection of athletes
6.8.4 5.6.2.1 Measures should be taken to prohibit exploitation of young athletes.
6.8.4 5.6.2.2 Athletes should be protected from unscrupulous recruiters and agents.
6.8.4 5.6.2.3 Cooperation with the government of the countries concerned should be developed.
6.8.4 5.6.2.4 Codes of conduct should be signed by all sport organisations.
6.8.4 5.6.3 Health
6.8.4 5.6.3.1 Sports organisation shall adopt rules for the protection of the athletes’ health and to limit the risk of endangering the athletes’ health (medical supervision, number of days of competition, pollution, etc.).
6.8.4 5.6.4 Fight against doping
6.8.4 5.6.4.1 Sports organisations shall fight against doping and uphold anti-doping policy.
6.8.4 5.6.4.2 Zero tolerance in the fight against doping should be encouraged in all sports organisations at all levels.
6.8.4 5.6.4.3 Sports organisations shall protect the athletes from doping in particular through prevention and education.
6.8.4 5.6.5 Insurance
6.8.4 5.6.5.1 Insurance in case of death or serious injury is to be recommended for all athletes and should be mandatory for young junior athletes.
6.8.4 5.6.5.2 Whenever and wherever possible, athletes should be provided with social security coverage.
6.8.4 5.6.5.3 Special insurance policies should be available for professional athletes.
6.8.4 5.6.5.4 The organisers of sports events should obtain adequate insurance coverage.
6.8.4 5.6.6 Fairness and fair play
6.8.4 5.6.6.1 Fairness and fair play are central elements of the competition. Fair play is the spirit of sport. The values of sport and friendship shall be promoted.
6.8.4 5.6.7 Athletes’ education and career management
6.8.4 5.6.7.1 Educational programmes, developing in particular “Sport and Studies” programmes, should be encouraged.
6.8.4 5.6.7.2 Career management programmes should be promoted. Training professional athletes for new professional opportunities after their sports careers should be encouraged.
6.8.4 5.7.1 Cooperation, coordination and consultation
6.8.4 5.7.1.1 Sporting organisations should coordinate their actions with governments.
6.8.4 5.7.1.2 Cooperation with governments is an essential element in the framework of sporting activities.
6.8.4 5.7.1.3 Cooperation, coordination and consultation are the best way for sporting organisations to preserve their autonomy.
6.8.4 5.7.2 Complementary mission
6.8.4 5.7.2.1 Governments, constituents of the Olympic Movement, other sports organisations and stakeholders have a complementary mission and should work together towards the same goals.
6.8.4 5.7.3 Maintain and preserve the autonomy of sport
6.8.4 5.7.3.1 The right balance between governments, the Olympic Movement and sporting organisations should be ensured.
The integrity of sport depends on the outcome of sporting events and competitions being based entirely on the competing merits of the participants involved. Any form of corruption that might undermine public confidence in the integrity of a sporting contest is fundamentally contrary to the spirit of sport and must be eradicated at all costs.
The ITTF has adopted these rules as a means of safeguarding the integrity of the sport of table tennis by (i) prohibiting any conduct that may impact improperly on the outcome of its events and competitions and (ii) establishing a mechanism of enforcement and sanction for those who, through their corrupt conduct, place the integrity of the sport at risk.
The ITTF is committed to taking all practical steps within its power to prevent corrupt practices undermining the integrity of the sport of table tennis. This commitment shall include:
Member National Associations and Continental Federations should put in place similar rules and regulations to safeguard the integrity of competitions held under their respective jurisdictions.
Notice under these rules to a participant who is under the jurisdiction of a Member National Association may be accomplished by delivery of the notice to the Member National Association concerned. The Member National Association shall be responsible for making immediate contact with the participant to whom the notice is applicable.
The following conduct shall constitute a Violation of these Rules (in each case whether effected directly or indirectly):
6.9.2.1.1 Inducing, instructing, facilitating or encouraging a participant to commit a violation of 6.9.2.1.
6.9.2 may be established by any reliable means, including but not limited to, admissions, evidence of third parties, witness statements, expert reports, documentary evidence and other analytical data or information.
operate fully with such investigations. The ITTF Integrity Unit shall have discretion, where it deems it appropriate, to stay its own investigation pending the outcome of investigations conducted by other competent authorities.
6.9.4 6.1 Where the ITTF Integrity Unit alleges that a participant has committed a violation of these rules and the participant denies the allegation and/or disputes the sanctions to be imposed for such violation, then the matter shall be referred to a hearing before the ITTF Tribunal.
6.9.5 7.1 A violation of rule 6.9.2 by an athlete occurring during or in connection with an event in which the athlete is participating shall lead to disqualification of the athlete and the annulment of all the athlete’s results obtained in that event with all consequences, including forfeiture of all titles, medals, computer ranking points and prize and appearance money, in addition to possible sanctions under rule 6.9.7.3 as decided by the ITTF Tribunal.
6.9.5 7.2 If a member of a doubles pair or a team is found to have committed a violation under 6.9.2, the doubles pair or the team shall be automatically disqualified from the event in question and any title, medal, computer
ranking points and prize shall be withdrawn, in addition to possible sanctions under rule 6.9.7.3 by the ITTF Tribunal.
6.9.5 7.3 Ineligibility and Financial Sanctions
6.9.5 7.3.1 The ITTF Tribunal Hearing Panel shall have discretion to impose a period of ineligibility on participants in accordance with the bands set out in 6.9.7.3.2. In imposing any period of ineligibility, the ITTF Tribunal shall be entitled to consider whether any aggravating and/or mitigating factors under Rule 6.9.7.4 or the ITTF Tribunal Regulations should be taken into account.
6.9.5 7.3.2 The respective period of ineligibility for a violation set out in:
Rule 6.9.2.1 (betting), shall be a minimum of two [2] years and a maximum of four [4] years;
Rule 6.9.2.2 (manipulation of results), shall be a minimum of two [2] years and a maximum of four [4] years;
Rule 6.9.2.3 (corrupt conduct), shall be a minimum of two [2] years and a maximum of four [4] years;
Rule 6.9.2.4 (misuse of inside information), shall be a minimum of two
[2] years and a maximum of four [4] years;
Rule 6.9.2.5 (other violations) shall be a minimum of two [2] years and a maximum of four [4] years.
6.9.5 7.3.3 The period of ineligibility shall commence on the date the decision of the ITTF Tribunal is published and shall end on date stated in the published decision. The ITTF Tribunal may at its sole discretion reduce the period of ineligibility imposed by any period of provisional suspension already served by the participant prior to the decision being reached.
6.9.5 7.3.4 No participant shall participate in any capacity in any event or competition during his or her period of ineligibility as imposed by the ITTF Tribunal.
6.9.5 7.3.5 If a participant violates any prohibition on participation imposed in accordance with 6.9.7.3.2, such participant shall be disqualified immediately from the relevant event or competition and the period of ineligibility originally imposed in accordance with these rules shall recommence from the date of such violation.
6.9.5 7.3.6 These rules shall continue to apply to any ineligible participant and any violation committed during a period of ineligibility shall be treated as a distinct violation and separate proceedings shall be brought against the participant in accordance with these rules.
6.9.5 7.3.7 In addition to the imposition of a period of ineligibility as set out above, the ITTF Tribunal shall have discretion to impose a fine of up to a maximum amount of the value of any benefit received by the participant out of, or in relation to, the violation(s) of rule 6.9.2 and the fine shall be a minimum of CHF5,000.
6.9.5 7.4.1 In order to determine the appropriate sanction to be imposed in each case the ITTF Tribunal Hearing Panel shall assess the relative
seriousness of the violation, including identifying all relevant factors that it deems to aggravate or mitigate the nature of the violation committed.
6.9.5 7.4.2 Aggravating factors which may be considered by the ITTF Tribunal shall include (without limitation and where applicable):
6.9.5 7.4.2.1 failure to co-operate by the participant with any investigation or requests for information;
6.9.5 7.4.2.2 any previous violations by the participant;
6.9.5 7.4.2.3 the participant receiving or being due to receive a significant Benefit in connection with the violation;
6.9.5 7.4.2.4 the violation having or having the potential to affect the course or result of an event or competition;
6.9.5 7.4.2.5 the participant displaying a lack of remorse (including, for example, refusing to take part in anti-corruption educational programs organised by the ITTF); and
6.9.5 7.4.2.6 any other aggravating factor the ITTF Tribunal deems relevant.
6.9.5 7.4.3 Mitigating factors which may be considered by the ITTF Tribunal Hearing Panel shall include (without limitation and where applicable):
6.9.5 7.4.3.1 co-operation by the participant with any investigation or requests for information;
6.9.5 7.4.3.2 a timely admission of guilt by the participant;
6.9.5 7.4.3.3 the participant's clean disciplinary record;
6.9.5 7.4.3.4 the youth or inexperience of the participant;
6.9.5 7.4.3.5 the violation not having affected or not having the potential to affect the course or result of an event or competition;
6.9.5 7.4.3.6 the participant displaying remorse (including, for example, agreeing to take part in anti-corruption educational programs organised by the ITTF; and
6.9.5 7.4.3.7 any other mitigating factor the ITTF Tribunal deems relevant.
6.9.5 7.5.1 Once the period of the participant’s ineligibility has expired, he or she will become automatically re-eligible to participate provided that he or she has
6.9.5 7.5.1.1 completed to the ITTF’s or the ITTF Integrity Unit’s reasonable satisfaction any official betting and anti-corruption education or rehabilitation programme that might be imposed on him or her
6.9.5 7.5.1.2 has satisfied, in full, any fine imposed under this rule and/or award of costs made against him or her by any tribunal and
6.9.6 8.1 The following decisions made under these rules may be appealed either by the ITTF Integrity Unit or the participant who is the subject of the decision (as applicable) exclusively to CAS:
6.9.6 8.1.1 A decision that a charge of breach of rule 6.9.2 should be dismissed on procedural or jurisdictional grounds;
6.9.6 8.1.2 A decision that a violation of rule 6.9.2 has been committed;
6.9.6 8.1.3 A decision that a violation of rule 6.9.2 has not been committed;
6.9.6 8.1.4 A decision to impose a sanction, including a sanction that is not in accordance with these rules;
6.9.6 8.1.5 A decision not to impose a sanction;
6.9.6 8.1.6 Any other decision that is considered to be erroneous or procedurally unsound.
6.9.6 8.2 The time for filing an appeal to CAS shall be twenty-one days (21) from the date of receipt of the decision by the appealing party.
6.9.6 8.3 Any decision and any sanctions imposed shall remain in effect while subject to the appeal process, unless CAS directs otherwise.
6.9.7 9.1 It shall be a condition of membership and affiliation of the ITTF that all Member National Associations and Continental Federations shall comply with, recognise and take all necessary and reasonable steps within their powers to enforce and give effect to these rules and to all decisions and sanctions imposed hereunder.
6.9.7 9.2 Final decisions of a major event organisation in relation to a participant that are within the major event organisation’s jurisdiction and based on the same or similar illegal betting and anti-corruption rules as these rules shall be recognised and respected by the ITTF upon receipt of notice of the same. Any disciplinary process, so far as determining a participant’s sanction beyond the sanction imposed by the major event organisation is concerned, shall be determined by the ITTF in accordance with these rules.
6.9.8 11.1 Betting and anti-corruption rules are, by their nature, competition rules governing the conditions under which the sport of table tennis is to be held. They are not intended to be subjected to or limited by the requirements and legal standards applicable to criminal proceedings or employment matters. The policies and standards set out in these rules as a basis for the fight against corruption in the sport of table tennis represent a broad consensus of those with an interest in fair sport and should be respected by all courts and not by reference to existing law or statutes.
6.9.8 11.2 The headings and sub-headings in these rules are for convenience only and shall not be deemed to be part of the substance of these rules or to affect in any way the language of the provisions to which they refer.
6.9.8 11.3 The definitions in Appendix 1 shall be considered an integral part of these rules.
6.9.8 11.4 If any rule or provision of these rules is held to be invalid, unenforceable or illegal for any reason, it shall be deemed to be deleted and the rules shall otherwise remain in full force and effect.
The organisations cited in chapter 1 (Constitution) may decide to apply the Code of Ethics to themselves and/or to their members (natural or legal persons).
Such analysis will address the likelihood of a breach of the ethical principles of the Olympic Charter, the Code of Ethics or its implementing provisions.
If the subject of the complaint or denunciation is a corporate body, the Ethics Commission Officer will inform its representative, who may submit their first observations if they deem it necessary to do so.
The person behind the complaint or denunciation will be informed of this decision, and may ask the Chair of the Ethics Commission to re-examine the file if the analysis by the Ethics Commission Officer has not determined that the file should be referred to the Ethics Commission.
The Ethics Commission Officer may assist the Chair of the Ethics Commission, at his/her request, with any additional information and/or support.
The person concerned will have to fully cooperate with the Ethics Commission or the rapporteur, in particular by communicating any information or document judged necessary by the Commission for the investigation and formulation of its recommendations. Any lack of cooperation will be taken into account when assessing the situation.
Regarding the measures or sanctions against the person concerned, the Ethics Commission makes recommendation to the ITTF Integrity Unit which takes a decision whether to bring a claim before the ITTF Tribunal.
The Commission’s deliberations are led by the Chair. The Chair may ask the Ethics Commission Officer to attend the deliberations as an observer. The Chair may also ask the CEO to answer questions on the referral report.
The Commission’s decisions of provisional measures and/or recommendations are taken by a simple majority of the members present. The required quorum is constituted if all three members are present.
Voting takes place by secret ballot if the Chair of the Commission so decides, or if a majority of the members present request it. Voting by proxy is not allowed.
If necessary, the members may take part in the deliberations via telephone or video conference. In certain circumstances, the Commission members may be consulted by circulating the documents.
All deliberations and votes are confidential.
concerned, take a decision regarding provisional measures, in particular with regard to provisional suspension of all or part of the rights, prerogatives and functions deriving from such person or organisation’s membership or status.
This decision of provisional measures, including the reasons, takes the form of a written decision signed by the Chair of the Commission.
The Ethics Commission Officer informs the person concerned of any decisions and the reasons regarding provisional measures and shall forward to the President the decision on provisional measures for the
Executive Committee’s information.
The decision on provisional measures may be made public.
The provisional measure will be taken into consideration by the Ethics Commission when assessing the recommendations for the measures or sanctions to be made to the Executive Committee.
Such recommendation takes the form of a written decision signed by the Chair of the Commission.
The Ethics Commission Officer forwards the Ethics Commission’s final recommendations to the ITTF Integrity Unit.
The recommendations remain confidential.
At the same time, the Ethics Commission Officer informs the person concerned of such transmission, and, if the Ethics Commission recommends any sanction or measure, of the evidence against them and the reasons given by the Ethics Commission.
DEFINITIONS
"Athlete" means any athlete who participates or is selected to participate in an event or competition;
"Athlete Support Personnel" means any coach, trainer, manager, athlete representative, agent, team staff member, official, medical or para-medical personnel, family member or any other person employed by or working with an athlete or the athlete’s Member National Association participating in a competition.
"Benefit" means the direct or indirect receipt or provision (as relevant) of money or money's worth (other than prize money and/or contractual payments to be made under endorsement, sponsorship or other contracts);
"Bet" means a wager of money or any other form of financial speculation;
"Betting" means making, accepting, or laying a bet and shall include, without limitation, activities commonly referred to as sports betting such as fixed and running odds, totalisator/toto games, live betting, betting exchange, spread betting and other games offered by sports betting operators;
"CAS" means the Court of Arbitration for Sport in Lausanne, Switzerland;
"Competition" means an event or series of events conducted over one or more days under one ruling body (e.g., World Championships).
"Event" means a single, race, match or contest.
"Hearing Panel" means a panel of the ITTF Tribunal formed in accordance with R8.25.6, which may comprise of a single ITTF Tribunal member; panel appointed by the ITTF to perform the functions assigned to it in these rules.
"Inside Information" means any information relating to any competition or event that a participant possesses by virtue of his or her position within the sport. Such information includes, but is not limited to, factual information regarding the competitors, the conditions, tactical considerations or any other aspect of the competition or event, but does not include such information that is already published or a matter of public record, readily acquired by an interested member of the public or disclosed according to the rules and regulations governing the relevant competition or event;
"International Competition" means any competition mentioned in clause 3.1.2.3 of the ITTF Handbook.
"ITTF Sanctioned Events" means all events so designated by the Executive Committee and published on the calendar from time to time and include events licensed to or authorised by WTT or by the ITTF Foundation.
"ITTF Foundation" means ITTF Foundation, a subsidiary of ITTF and the entity responsible for corporate social responsibility initiatives of ITTF, and includes any of its subsidiary.
"Member Association" means the member of the ITTF to which a participant under these rules is affiliated directly or through a club or another body affiliated to the member.
"Major Event Organisation" means any international multi-sport organisation that acts as the ruling body for any continental, regional or other international competition.
"National Association" obsolete term. References to “National Association” shall be construed as ”Member Association”, as not all ITTF Member Associations jurisdictions correspond with those of nations.
"Participant" means any athlete, athlete support personnel, umpire, referee, delegate, commissioner, jury of appeal member, competition official, Member National Association team or delegation member and any other accredited person;
"Person" shall include natural persons, bodies corporate and unincorporated associations and partnerships (whether or not any of them have separate legal personality);
"Sanction" means any sanction that the ITTF Tribunal has the right to impose;
"Violation" means a violation of these Rules:
"WTT" means World Table Tennis Private Limited, a subsidiary of ITTF and exclusive licensee of ITTF in respect of certain licensed ITTF events, pursuant to a master licence agreement, and includes any of its subsidiary.
As an international body, the ITTF brings together members from different cultures, backgrounds and experiences. Harassment is perceived differently in different cultures. However, the ITTF is committed to providing a safe and supportive environment based on respect and members must be sensitive to the different cultures and behavioural norms that make up the ITTF community.
The ITTF recognises that not all persons experiencing harassment will make a formal complaint, but this does not reduce the need to create a supportive environment in which all can achieve their full potential.
The term “complainant” refers to the person who experiences harassment. The term “respondent” refers to the person against whom a complaint is made.
events authorised, sanctioned, supported or otherwise recognised by ITTF. It also applies to harassment between individuals associated with the ITTF but outside the ITTF business, activities, and events when such harassment adversely affects relationships within the ITTF work and sport environment.
convicted of harassment. The ITTF recognises the interests of all parties concerned in keeping the matter confidential.
shall constitute an offence.
7.9.1.5 appointing officers and providing the training and resources they need to fulfil their responsibilities under this policy.
These Regulations may be cited as the ITTF Tribunal Regulations and shall come came into operation on 01 January 2021.
“Absolute Majority” means a majority (more than 50%) of the total number of persons entitled to vote, including those absent and those present but not voting;
“Claimant” means the party bringing a claim and for avoidance of doubt, includes the ITTF Integrity Unit or any of its authorised officers, including the Head of Integrity, or such other person authorised by the ITTF Integrity Unit;
“Hearing Panel” means a panel of the ITTF Tribunal formed in accordance with R8.25, which may comprise of a single ITTF Tribunal member;
"ITTF Foundation" means ITTF Foundation, a subsidiary of ITTF and the entity responsible for corporate social responsibility initiatives of ITTF, and includes any of its subsidiary.
“ITTF Tribunal” means the highest judicial body within ITTF to hear and decide cases at first instance or as an appellate body as set out in the ITTF Tribunal Regulations;
“Qualified Majority” means two-thirds majority of persons taking part in the vote, not counting abstentions;
“Regulations” means these ITTF Tribunal Regulations;
“Request for Proceedings” has the meaning given to it in R8.24.1;
“Related Document” includes any rule or regulation connected to the ITTF Handbook, including the rules and regulations of WTT, ITTF Foundation, or any other Table Tennis Party relating to sport integrity;
“Respondent” means the party whom a claim is brought against;
“Simple Majority” means a majority (more than 50%) of persons taking part in the vote, not counting abstentions;
“WTT” means World Table Tennis Private Limited, a subsidiary of ITTF and exclusive licensee of ITTF in respect of certain licensed ITTF events, pursuant to a master licence agreement, and includes any of its subsidiary.
Secretariat
The ITTF Tribunal shall be assisted by the Secretariat.
The Secretariat is responsible for matters including:
communicating with ITTF Tribunal members relating to the proceedings in which they are appointed members of the Hearing Panel;
communicating with the parties to the proceedings on behalf of the Hearing Panel or the ITTF Tribunal Chair;
assisting the Hearing Panel or the ITTF Tribunal Chair in convening hearings or preliminary hearings;
assisting the Hearing Panel or the ITTF Tribunal Chair in preparing decisions; managing matters relating to the proceedings filed with it;
attending the meetings of the ITTF Tribunal and assisting in the preparation of minutes, reports and other documents relating to such meetings; and
ensuring that the ITTF Tribunal is managed efficiently.
The Secretariat may be a natural person or legal person.
(As a result of deleting 8.6 Secretariat, kindly note the subsequent renumbering)
during their term of office as ITTF Tribunal member and for four years prior to their initial appointment to office.
Division 1 – General
The decision being appealed will remain in full force and effect pending determination of the appeal, unless the Hearing Panel (or the ITTF Tribunal Chair, if the Hearing Panel has yet to be formed) orders otherwise; and
For the purpose of these ITTF Tribunal Regulations, a “working day” mean any day other than (i) Saturday or Sunday, or (ii) any day that is an official holiday in Lausanne, Switzerland.
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8.23.1
Related Document, Nno claims proceedings may be commenced after the period of:
Division 2 – Procedures
commence the proceedings and to file its answer (the “Answer”) to the request to commence the proceedings. The ITTF Tribunal Chair shall provide the parties with
the link on ITTF’s website where the ITTF Tribunal Regulations may be accessed.
party, if the witness is the party) from the witness’ failure to appear.
Hearing Panel. This standard of proof is higher than a mere balance of probability but lower than proving beyond a reasonable doubt.
8.36.2 Without limiting the Hearing Panel’s discretion as stated in R8.36.1, the Hearing Panel may award costs against a party for advancing any claim that is frivolous, vexatious, or entirely without merit.
out in Chapter 12 of Switzerland’s Federal Code on Private International Law.
for information relating to any potential breach of any Applicable Rule, as
further described in R9.17.6.
as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
affect or alter ITTF’s ability to pursue appropriate disciplinary action against
ITTF employees, directors, consultant or such other staff (“Staff”) under the terms of any employment or consultancy contract with any ITTF Staff and/or
pursuant to any of ITTF’s employment rules or policies in force from time to time. Where conduct prohibited under the Applicable Rules and/or the ITTF
Handbook also amounts to a breach of the terms of an ITTF Staff’s employment or consultancy agreement with ITTF, ITTF (including the ITTF Integrity Unit with respect to ITTF Integrity Officers) will be entitled, at its absolute discretion, to elect to pursue disciplinary action against such Staff pursuant to the applicable employment or consultancy contract, and there is no requirement for any action to be taken under these Regulations.
delegated third parties and their employees, players, players’ entourages and such other persons involved in their operations at all times and in all circumstances;
pursuant to R9.5.5.1 should be reviewed.
being notified in writing of the proposal and that member’s response must be taken into account by such decision maker.
(collectively, the “Independence Requirements”):
outside of ITTF, together with the ITTF Head of Integrity, in accordance with the policies decided by the ITTF Integrity Board;
ITTF Handbook, the Applicable Rules and these Regulations;
Board member would exercise in the same circumstances;
innovations for the improvement of the ITTF Integrity Unit’s performance, for approval by the ITTF Integrity Unit Board;
quorum, any resolution proposed shall be:
9.9.3 If the total number of votes during the ITTF Integrity Board meeting and pursuant to R9.9.2 exceed the number required to form a quorum, the vote cast according to R9.9.2 will be deemed as having been validly cast at the ITTF Integrity Board meeting.
Integrity Board Members for their review and the approved minutes must
be signed by the ITTF Integrity Board Chair.
INTELLIGENCE
conduct that may constitute a violation of the Applicable Rules (“Report”).
frivolous, vexatious, malicious, or otherwise an abuse of process, they may
decide to take no further action.
information into reliable and admissible evidence, and identifying and pursuing further lines of enquiry that may lead to the discovery of such evidence.
Person, it may make a written demand (an “Investigation Notice”) to the Alleged Person for information relating to the potential violation.
Person’s own expense;
Notice, at the Alleged Person’s own cost.
persons under its jurisdiction (where appropriate, acting in conjunction with any other relevant national authority or body); and
9.17.11.2 To provide a written report on such assistance within a reasonable time period stipulated by the ITTF Integrity Unit.
of any evidence relied upon, the merits of the ITTF Integrity Unit’s case,
and how the defence case is likely to affect the ITTF Integrity Unit’s case); and
notice on the ITTF’s website) at any time after the effective date.
The provisional suspension may be lifted or limited if the Alleged Person demonstrates to the satisfaction of the ITTF Tribunal that:
Person’s acceptance of the provisional suspension. No adverse inference will be drawn from such acceptance.
person to be excluded from any Table Tennis Party’s competition, event, or activity and the Table Tennis Parties shall comply with such order.
a “without prejudice” basis and in such a manner that they will not delay or in any other way interfere with the proceedings.
Integrity Unit within 14 days of the Alleged Person’s receipt of the Notice of Charge (or such longer period as may be specified in the Notice of Charge or as agreed by the ITTF Integrity Unit). The request for a hearing must explain how the Alleged Person responds to the charge(s) and set out (in summary form) the basis for such response.
of Integrity may refer the case (a “Referral”) to the ITTF Secretary General, any other appropriate person within the ITTF or a suitably e qualified person
(the “Appropriate Person”), to be dealt with in accordance with the following provisions of this R9.24.
“Respondent”);
answer (the “Answer”) with the Appropriate Person, with a copy to the ITTF Integrity Unit. In the Answer, the Respondent may:
necessary, including consulting with persons with knowledge of the facts and/or appointing experts to advise on specific issues.
9.24.10.3 Removal from a venue; 9.24.10.4 Removal of accreditation;
otherwise necessary to preserve the public’s confidence in the ability of the ITTF Integrity Unit to fight corruption in Table Tennis.
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9.33.2.2 Where, in the case of any alleged violation is concealed by the fraud or deceitful behaviour of the Alleged Person or Respondent (or their representative), the limitation period shall not commence until the fraud or deceitful behaviour was discovered or could have discovered it with reasonable diligence.
For reference, the general key procedures of the ITTF Integrity Unit are highlighted as follows.
* The ITTF Head of Integrity may instead refer a case to an appropriate person for a simplified proceeding if it deems that the potential violation in question is a Minor Violation – see R9.16.3 and R9.24.
# The ITTF Tribunal’s jurisdiction excludes hearing para table tennis matters (to be heard before the IPC Board of Appeal of Classification) and anti-doping rule violations (to be heard before the CAS Anti-Doping Division) – see R8.16 of ITTF Tribunal Regulations.
The Executive Committee, Board of Directors, the Integrity Board, the Finance and Audit Committee, the ITTF Tribunal, and various Permanent Committees are key bodies in the worldwide governance of table tennis.
These Regulations are developed in accordance with the ITTF Handbook and the principles of good governance and adopted to govern the Election Process and Appointment Process of these bodies
otherwise bound by these Regulations (“Covered Persons”)
Committee, or the ITTF Tribunal) (as applicable) shall be submit its Application in the prescribed manner and form by the stipulated deadline.
The Nominations Committee shall publicly make available the final list of Candidates upon completing the Vetting Process.
selflessness;
|
them;
their own affairs;
competent judicial body;
body; and
circumstances provided by law, these Regulations, or the ITTF
Handbook.
that is likely to affect the Candidate’s freedom of decision or action, or otherwise bind the Candidate, if Elected or Appointed.
votes cast on this ballot equals the number of vacancies.
The AGM Chair shall verify the results of the voting procedure and announce the result of the Election of each Key Position.
10.25.2.3 provide the Candidate with an opportunity to respond to the alleged breach within a period that the Nominations Committee deems appropriate, taking into consideration the proximity of the Election.
Any Covered Person may appeal the decision of the Nominations Committee to the ITTF Tribunal in accordance to the ITTF Tribunal Regulations.
These Regulations may be cited as the ITTF Electoral and Appointment Regulations and shall come into operation on 25 November 2021.
as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.