Results management in respect of a filing failure

The results management process in respect of an apparent filing failure shall be as follows:

1.

A Player may only be declared to have committed a filing failure where the FIFA Anti-Doping Unit, following the results management procedure set forth below, can establish each of the following:

a) that the Player was duly notified:

i. that he had been designated for inclusion in the IRTP;

ii. of the consequent requirement to make accurate and complete whereabouts filings; and

iii. of the consequences of any failure to comply with that requirement.

b) that he failed to comply with that requirement by the applicable deadline;

c) that, in case of a second or third filing failure in the same quarter, he was given notice of the previous filing failure in accordance with the provision set forth under art. 7 par. 2 of this annexe and failed to rectify that filing failure by the deadline specified in that notice; and

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d) that his failure to comply was at least negligent. For these purposes, the Player will be presumed to have committed the failure negligently upon proof that he was notified of the requirement yet failed to comply with it. That presumption may only be rebutted by the Player establishing that no negligent behaviour on his part caused or contributed to the failure.

2.

If it appears that all of the requirements set forth under art. 7 par. 1 of this annexe have been met, then, no later than 14 days after the date of discovery of the apparent filing failure, the FIFA Anti-Doping Unit must send notice to the Player concerned in the manner set forth in chapter X section 1 (General provisions), inviting a response within 14 days of receipt of the notice. In the notice, the FIFA Anti-Doping Unit should inform the Player:

a) that, in order to avoid a further filing failure, he must make the required whereabouts filing within a deadline set by the FIFA Anti-Doping Unit;

the deadline shall be set at least 24 hours after receipt of the notice and no later than the end of the month in which the notice is received;

b) that, unless the Player persuades the FIFA Anti-Doping Unit that there has not been any filing failure, an alleged whereabouts failure will be recorded against the Player;

c) whether any other whereabouts failures have been alleged against the Player in the 12-month period prior to this alleged whereabouts failure;

and

d) of the consequences to the Player if a hearing panel upholds the alleged whereabouts failure.

3.

Where the Player disputes the apparent filing failure, the FIFA Anti-Doping Unit must reassess whether all of the requirements set forth under par. 1 of this article have been met. The FIFA Anti-Doping Unit must advise the Player, by letter sent no later than 14 days after receipt of the Player’s response, whether or not it maintains that there has been a filing failure.

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4.

If no response is received from the Player by the relevant deadline, or if the FIFA Anti-Doping Unit maintains that there has been a filing failure, the FIFA Anti-Doping Unit shall send notice to the Player that an alleged filing failure is to be recorded against him. The FIFA Anti-Doping Unit shall at the same time advise the Player that he has the right to an administrative review of that decision.

5.

Where requested by the Player, such administrative review shall be conducted by a designee of the FIFA Anti-Doping Unit who was not involved in the previous assessment of the alleged filing failure. The review shall be based on written submissions only, and shall consider whether all of the requirements set forth herein under par. 1 of this article have been met. The review shall be completed within 14 days of receipt of the Player’s request and the decision shall be communicated to the Player by letter sent no more than seven days after the decision is made.

6.

If it appears, upon such review, that the requirements set forth under par.

1 of this article have not been met, the alleged filing failure shall not be treated as a whereabouts failure for any purpose. The Player has to be notified accordingly.

7.

If the Player does not request an administrative review of the alleged filing failure by the relevant deadline, or if the administrative review leads to the conclusion that all of the requirements set forth under par. 1 of this article have been met, the FIFA Anti-Doping Unit shall record an alleged filing failure against the Player and shall notify the Player, WADA and all other relevant Anti-Doping Organisations of that alleged filing failure and the date of its occurrence in the manner set forth under art. 68 par. 7 of the FIFA Anti-Doping Regulations.

8.

Any notice sent to a Player pursuant to this article, informing him of the decision that there has been no filing failure, shall also be sent to WADA and any other party/ies with a right of appeal under chapter X of the FIFA Anti- Doping Regulations. This decision may be appealed by WADA and/or such party/ies in accordance with that chapter.

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