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OLYMPIC TITLE COMPETITIONS

5.6 ANALYSIS OF SAMPLES

Doping Control Samples collected under these Anti-Doping Rules shall be analyzed in accordance with the following principles:

5.6.1 Use of Approved Laboratories

ITTF shall send Doping Control Samples for analysis only to WADA-accredited laboratories or as otherwise approved by WADA. The choice of the WADA-accredited laboratory (or other laboratory or method approved by WADA) used for the Sample analysis shall be determined exclusively by the ITTF.

[Comment to Article 5.6.1: Violations of Article 5.2.1 (Presence of a Prohibited Substance or its Metabolites or Markers) may be established only by Sample analysis performed by a WADA-approved laboratory or another laboratory specifically authorised by WADA. Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]

5.6.2 Purpose of Collection and Analysis of Samples

Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code or to assist the ITTF in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including DNA or genomic profiling, for anti-doping purposes.

[Comment to Article 5.6.2: For example, relevant profile information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 5.2.2 (Use of a Prohibited Substance), or both.]

5.6.3 Research on Samples

No Sample may be used for any purpose other than as described in Article 5.6.2 without the Athlete's written consent. Samples used (with the Athlete’s consent) for purposes other than Article 5.6.2 shall have any means of identification removed such that they cannot be traced back to a particular Athlete.

5.6.4 Standards for Sample Analysis and Reporting

Laboratories shall analyze Doping Control Samples and report results in conformity with the International Standard for Laboratories.

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5.6.5 Retesting Samples

A Sample may be reanalyzed for the purposes described in Article 5.6.2 at any time exclusively at the direction of the ITTF or WADA. The circumstances and conditions for retesting Samples shall conform with the requirements of the International Standard for Laboratories.

[Comment to Article 5.6.5: Although this Article is new, Anti-Doping Organizations have always had the authority to reanalyze Samples. The International Standard for Laboratories or a new technical document which is made a part of the International Standard will harmonise the protocol for such retesting.]

5.7 RESULTS MANAGEMENT

5.7.1 Results Management for Tests Initiated by the ITTF

Results management for tests initiated by the ITTF (including tests performed by WADA pursuant to agreement with the ITTF) shall proceed as set forth below:

5.7.1.1 The results from all analyses must be sent to the ITTF in encoded form, in a report signed by an authorised representative of the laboratory. All communication must be conducted in confidentiality and in conformity with ADAMS, a database management tool developed by WADA. ADAMS is consistent with data privacy statutes and norms applicable to WADA and other organizations using it.

5.7.1.2 Upon receipt of an A Sample Adverse Analytical Finding, the ITTF Anti-Doping Administrator shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.

5.7.1.3 If the initial review of an Adverse Analytical Finding under Article 5.7.1.2 does not reveal an applicable TUE, or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, the ITTF shall promptly notify the Athlete of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories) if the Athlete or the ITTF chooses to request an analysis of the B Sample; (e) the opportunity for the Athlete and/or the Athlete's

representative to attend the B Sample opening and analysis at the scheduled date, time and place if such analysis is requested; and (f) the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories. The ITTF shall also notify the Athlete’s National Anti-Doping Organization and WADA. If the ITTF decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, the Athlete’s National Anti-Doping Organization and WADA.

5.7.1.4 Where requested by the Athlete or the ITTF, arrangements shall be made for Testing the B Sample within the time period specified in the International Standard for Testing. An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis. The ITTF may nonetheless elect to proceed with the B Sample analysis.

5.7.1.5 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample within the time period specified in the International Standard for Laboratories. Also a representative of the Athlete's National Association as well as a representative of the ITTF shall be allowed to be present.

5.7.1.6 If the B Sample proves negative, then (unless the ITTF takes the case forward as an anti-doping rule violation under Article 5.2.2) the entire test shall be considered negative and the Athlete, his National Association, and the ITTF shall be so informed.

5.7.1.7 If a Prohibited Substance or the Use of a Prohibited Method is identified, the findings shall be reported to the Athlete, his National Association, to the ITTF, and to WADA.

5.7.1.8 ITTF shall conduct any follow-up investigation into a possible anti-doping rule violation not covered by Articles 5.7.1.1 to 5.7.1.8. At such time as ITTF is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete or other Person subject to sanction notice of the anti-doping rule violated, and the basis of the violation. ITTF shall also notify the Athlete’s National Anti-Doping Organization and WADA

5.7.2 Results Management for Atypical Findings

5.7.2.1 As provided in the International Standards, in certain circumstances laboratories are directed to report the presence of Prohibited Substances that may also be produced endogenously as Atypical Findings that should be investigated further.

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5.7.2.2 If a laboratory reports an Atypical Finding in respect of a Sample collected from an Athlete by or on behalf of the ITTF, the ITTF Anti-Doping Administrator shall conduct a review to determine whether: (a) the Atypical Finding is consistent with an applicable TUE that has been granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Atypical Analytical Finding.

5.7.2.3 If the initial review of an Atypical Finding under Article 5.7.2.2 reveals an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, his National Association, and the ITTF shall be so informed.

5.7.2.4 If the initial review of an Atypical Finding under Article 5.7.2.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Atypical Finding, the ITTF shall conduct the follow-up investigation required by the International Standards. If, once that investigation is completed, it is concluded that the Atypical Finding should be considered an Adverse Analytical Finding, the ITTF shall pursue the matter in accordance with Article 5.7.1.3.

5.7.2.5 ITTF will not provide notice of an Atypical Finding until it has completed its investigation and has decided whether it will bring the Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists:

(a) If the ITTF determines the B Sample should be analyzed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 5.7.1.3(c) to (f).

(b) If the ITTF receives a request, either from a Major Event Organization shortly before one of its International Events or from a sports organization responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided but the Major Event Organization or sports organization has a pending Atypical Finding, the ITTF shall so identify any such Athlete after first providing notice of the Atypical Finding to the Athlete.

5.7.3 Results Management for Tests Initiated During Other International Events Results management and the conduct of hearings from a test by the International Olympic Committee, the International Paralympic Committee, or a Major Event Organization, shall be managed, as far as sanctions beyond Disqualification from the Event or the results of the Event, by the ITTF.

5.7.4 Results Management for Tests initiated by National Associations

Results management conducted by National Associations shall be consistent with the general principles for effective and fair results management which underlie the detailed provisions set forth in Article 5.7. Results of all Doping Controls shall be reported to the ITTF and to WADA within 14 days of the conclusion of the National Association's results management process. Any apparent anti-doping rule violation by an Athlete who is a member of that National Association shall be promptly referred to an appropriate hearing panel established pursuant to the rules of the National Association or national law. Apparent anti-doping rule violations by Athletes who are members of another National Association shall be referred to the Athlete's National Association for hearing.

5.7.5 Results Management for Whereabouts Violations

5.7.5.1 Results management in respect of an apparent Filing Failure by an Athlete in the ITTF’s Registered Testing Pool shall be conducted by the ITTF in accordance with Article 11.6.2 of the International Standard for Testing (unless it has been agreed in accordance with Article 5.5.5.4 that the National Association or National Anti-Doping Organization shall take such responsibility).

5.7.5.2 Results management in respect of an apparent Missed Test by an Athlete in the ITTF’s Registered Testing Pool as a result of an attempt to test the Athlete by or on behalf of the ITTF shall be conducted by the ITTF in accordance with Article 11.6.3 of the International Standard for Testing. Results management in respect of an apparent Missed Test by such Athlete as a result of an attempt to test the Athlete by or on behalf of another Anti-Doping Organization shall be conducted by that other Anti-Doping Organization in accordance with Article 11.7.6(c) of the International Standard for Testing.

5.7.5.3 Where, in any eighteen-month period, an Athlete in the ITTF’s Registered Testing Pool is declared to have three Filing Failures, or three Missed Tests, or any combination of Filing Failures or Missed Tests adding up to three in total, whether under these Anti-Doping Rules or under the rules of any other Anti-Doping

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Organization, the ITTF shall bring them forward as an apparent anti-doping rule violation.

5.7.6 Provisional Suspensions

5.7.6.1 If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, and a review in accordance with Article 5.7.1.2 does not reveal an applicable TUE or departure from the International Standard for Testing or the International Standard for Laboratories that caused the Adverse Analytical Finding, the ITTF shall Provisionally Suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping rule violation.

5.7.6.2 In any case not covered by Article 5.7.6.1 where the ITTF decides to take the matter forward as an apparent anti-doping rule violation in accordance with the foregoing provisions of this Article 5.7, the ITTF Executive Committee, after consultation with the ITTF Anti-Doping Administrator, may Provisionally Suspend the Athlete pending the hearing panel’s determination of whether he/she has committed an anti-doping rule violation.

5.7.6.3 Where a Provisional Suspension is imposed, whether pursuant to Article 5.7.6.1 or Article 5.7.6.2, the Athlete shall be given either (a) an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 5.8 (Right to a Fair Hearing) on a timely basis after imposition of a Provisional Suspension. National Associations shall impose Provisional Suspensions in accordance with the principles set forth in this Article 5.7.6.

5.7.6.4 If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and any subsequent analysis of the B Sample analysis does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1 of the Code (Presence of a Prohibited Substance or its Metabolites or Markers). In circumstances where the Athlete (or the Athlete's team as provided in the rules of the ITTF) has been removed from a Competition based on a violation of Article 5.2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, if, without otherwise affecting the Competition, it is still possible for the Athlete or team to be reinserted, the Athlete or team may continue to take part in the Competition.

[Comment to Article 5.7.6: Before a Provisional Suspension can be unilaterally imposed by an Anti-Doping Organization, the internal review specified in the Code must first be completed. In addition, a Signatory imposing a Provisional Suspension is required to give the Athlete an opportunity for a Provisional Hearing either before or promptly after the imposition of the Provisional Suspension, or an expedited final hearing under Article 5.8 promptly after imposition of the Provisional Suspension. The Athlete has a right to appeal under Article 5.13.2.

In the rare circumstance where the B Sample analysis does not confirm the A Sample finding, the Athlete who had been provisionally suspended will be allowed, where circumstances permit, to participate in subsequent Competitions during the Event. Similarly, depending upon the relevant rules of the ITTF, if his/her team is still in Competition, the Athlete may be able to take part in future Competitions.

Athletes shall receive credit for a Provisional Suspension against any period of Ineligibility which is ultimately imposed as provided in Article 5.10.9.3.]

5.7.7 Retirement from Sport

If an Athlete or other Person retires while a results management process is underway, the ITTF retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun and the ITTF would have had results management jurisdiction over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, the ITTF has jurisdiction to conduct results management.

[Comment to Article 5.7.7: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the jurisdiction 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.]