APPENDIX 2 REGULATION 21 supplement contamination); (b) the Administration of a Prohibited Substance by the Player’s personal physician or trainer without disclosure to the Player (Players 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 Player’s food or drink by a spouse, coach or other Person within the Player’s circle of associates (Players 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 Regulation 21.10.5 based on No Significant Fault or Negligence. Comment 31 (Regulation 21.10.5.1.2): In assessing that Player’s degree of Fault, it would, for example, be favorable for the Player if the Player had declared the product which was subsequently determined to be contaminated on his Doping Control form. Comment 32 (Regulation 21.10.5.2): Regulation 21.10.5.2 may be applied to any antidoping rule violation except those Regulations where intent is an element of the antidoping rule violation (e.g., Regulations 21.2.5 (Tampering or Attempted Tampering), 21.2.7 (Trafficking), 21.2.8 (Administration) or 21.2.9 (Complicity)) or an element of a particular sanction (e.g., Regulation 21.10.2.1 (Use)) or a range of Ineligibility is already provided in a Regulation based on the Player or other Person’s degree of Fault. Comment 33 (Regulation 21.10.6.1): The cooperation of Players, Player Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport. This is the only circumstance under the Code where the suspension of an otherwise applicable period of Ineligibility is authorised. Comment 34 (Regulation 21.10.6.2): This Regulation is intended to apply when a Player or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping Organisation is aware that an anti-doping rule violation might have been committed. It is not intended to apply to circumstances where the admission occurs after the Player 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 Player or other Person would have been caught had he not come forward voluntarily. Comment 35 (Regulation 21.10.6.4): The appropriate sanction is determined in a sequence of four steps. First, the hearing panel determines which of the basic sanctions (Regulations 21.10.2, 21.10.3, 21.10.4, or 21.10.5) apply to the particular anti-doping rule violation. Second, if the basic sanction provides for a range of sanctions, the hearing panel must determine the applicable sanction within that range according to the Player or other Person’s degree of Fault. In a third step, the hearing panel establishes whether there is a basis for elimination, suspension, or reduction of the sanction (Regulation 21.10.6). Finally, the hearing panel decides on the commencement of the period of Ineligibility under Regulation 21.10.11. Several examples of how Regulation 21.10 is to be applied are found in Appendix 2 to the Code. Comment 36 (Regulation 21.10.8): Nothing in these Anti-Doping Rules precludes clean Players or other Persons who have been damaged by the actions of a Person Last update: 3 January, 2017 450
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