Page 34 - GUAM NOC MADC - 2021 Draft Anti-Doping Rules

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.
50

10.6.1.3 Protected Persons or Recreational Athletes

Where the anti-doping rule violation not involving a Substance of Abuse is
committed by a Protected Person or Recreational Athlete, and the Protected
Person or Recreational Athlete can establish No Significant Fault or Negligence,
then the period of Ineligibility shall be, at a minimum, a reprimand and no period
of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the
Protected Person or Recreational Athlete’s degree of Fault.

10.6.2 Application of No Significant Fault or Negligence beyond the Application of
Article 10.6.1

If an Athlete or other Person establishes in an individual case where Article 10.6.1 is not
applicable, that he or she bears No Significant Fault or Negligence, then, subject to further
reduction or elimination as provided in Article 10.7, the otherwise applicable period of
Ineligibility may be reduced based on the Athlete or other Person’s degree of Fault, but the
reduced period of Ineligibility may not be less than one-half of the period of Ineligibility
otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the
reduced period under this Article may be no less than eight (8) years.
51

10.7 Elimination, Reduction, or Suspension of Period of Ineligibility or Other
Consequences for Reasons Other than Fault

52
10.7.1 Substantial Assistance in Discovering or Establishing Code Violations

10.7.1.1 GMADC may, prior to an appellate decision under Article 13 or the
expiration of the time to appeal, suspend a part of the Consequences
(other than Disqualification and mandatory Public Disclosure)
imposed in an individual case where the Athlete or other Person has
provided Substantial Assistance to an Anti-Doping Organization,
criminal authority or professional disciplinary body which results in: (i)

50 [Comment to Article 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 10.5.]

51 [Comment to Article 10.6.2: Article 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 2.5, 2.7, 2.8,2.9 or 2.11) or an element of a particular sanction (e.g.,
Article 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.]

52 [Comment to Article 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.]

2021 GUAM NOC ANTI-DOPING RULES Page 34 of 70