Doping test results management
FINCIS complies with the following procedures in results management:
- Negative doping test results
- Adverse analytical findings and atypical findings
- Any other antidoping rule violation
- Processing of failures to comply with whereabouts information regulations
- Review of atypical passport findings and adverse passport findings
- Provisional suspension
- Providing a request to be present at a hearing
- Analysis of the B sample
Negative doping test results
Based on the doping test records and the laboratory's doping test result documentation, FINCIS identifies athletes who have given a negative doping test sample. If necessary, FINCIS informs the involved parties of the negative samples in accordance with the antidoping codes. Athletes are not usually separately informed of negative test results.
Adverse analytical findings
If an athlete's doping test result (A-sample) is an adverse analytical finding (positive), FINCIS reviews whether the athlete has a valid TUE regarding the substance that caused the adverse analytical finding or whether such a TUE can be granted to the athlete retroactively on the basis of Finland's antidoping code and the International Standard for Therapeutic Use Exemptions. FINCIS will also review whether the Adverse Analytical Finding could have been caused by a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories. If the athlete has a valid TUE or one can be granted retroactively, FINCIS will not continue the management of the doping test result as an adverse analytical finding.
If the preliminary assessment establishes that the athlete has not been granted a TUE and that one cannot be granted retroactively, FINCIS will send the athlete a request for a statement. This information will also be delivered to the athlete's sports federation, the Supervisory Board and any other parties required by the antidoping code.
The athlete, the relevant federation and FINCIS are, within the deadline stated in the request for statement, entitled to request the analysis of the B sample. The request must be presented in writing or in another verifiable manner. If the analysis of the B sample is not provided within the stated deadline, it is considered that the right to the analysis of the B sample has been waived.
Any other antidoping rule violation
Among other things, FINCIS performs the additional investigations required for investigating a suspected antidoping rule violation with the procedures it sees appropriate and necessary. If FINCIS has justified grounds for considering that an antidoping rule violation has taken place (such as an athlete refusing to be tested for doping, or possession of doping substances, atypical passport finding, complicity or forbidden collaboration), it will immediately notify the suspected athlete or other person in writing about the section of the code that has probably been violated and the grounds of the violation.
FINCIS will request the person in question and relevant sports federation or other party to provide a written statement on the matter and inform about the opportunity to be present at a Supervisory Board meeting to be heard prior to decision-making on whether the person in question is guilty of a violation of antidoping rules. FINCIS will also inform the Supervisory Board and other antidoping organisations of the matter as specified in Finland's antidoping code.
Processing of failures to comply with whereabouts information regulations
FINCIS monitors the whereabouts information of athletes included in FINCIS's Registered Testing Pool and manages any potential failures in accordance with the International Standard for Testingand Investigations. If an athlete included in FINCIS's Registered Testing Pool has, during twelve (12) month period as referred to in Finland's antidoping code, received three (3) notices concerning failures to comply with whereabouts information regulations, FINCIS will request a statement from the athlete. FINCIS will also inform the athlete of the opportunity to be heard at a Supervisory Board meeting prior to decision-making on whether the athlete is guilty of an antidoping rule violation. This information will also be delivered to the athlete's sports federation, the Supervisory Board and any other parties required by the antidoping code.
FINCIS also performs monitoring related to the filing of whereabouts information of teams. If a team included in FINCIS's National Testing Pool fails to comply with the requirement to provide whereabouts information, the matter will be handled according to separate instructions. FINCIS will process the matter in cooperation with the national federation in question, and possible sanctions will be based on the rules of the federation. If necessary, FINCIS may add the team or its players FINCIS's Registered Testing Pool thereby placing them within the scope of stricter requirements and consequences.
Review of atypical passport findings and adverse passport findings
Review of atypical passport findings and adverse passport findings shall take place as provided in the International Standard for Testing and Investigations and International Standard for Laboratories. At such time as FINCISis satisfied that an antidoping rule violation has occurred, it shall promptly give the athlete (and simultaneously the athlete's National Antidoping Organisation and WADA) notice of the antidoping rule violation asserted and the basis of that assertion and request a written statement of the matter from the person in question and the relevant sports organisation or another party and notify them of an opportunity to appear before the Supervisory Board before the Board decides whether an antidoping rule violation has occurred. FINCIS also reports the matter to the Supervisory Board and other antidoping organisations in accordance with Finland's Antidoping Code.
FINCIS either on its own initiative or when voluntarily requested by an athlete, may impose a Provisional Suspension on an athlete, as provided for in the code, after having been informed of an Adverse Analytical Finding and deciding to present a positive test result as a potential antidoping rule violation or being informed of any other potential antidoping rule violation.
However, an Adverse Analytical Finding will not be deemed an antidoping rule violation until the Supervisory Board of FINCIS as well as the sports organisation in question have processed the case and issued a decision. The athlete's legal protection must therefore be respected by keeping the case confidential until the final decision is made. Only the athlete himself or herself can make the matter public before the final decision.
During a provisional suspension, an athlete or other concerned person may not:
- represent a sports association or other association committed to the code in any discipline committed to the code or
- take part in a competition or other sports event arranged by a sport organisation or other association committed to the code as a competitor or official.
Providing a request to be present at a hearing
When FINCIS informs an athlete or another person or relevant sports federation of a positive test result or suspected other antidoping rule violation, the athlete and/or relevant party may submit their written statement on the matter and a written request to be heard at the meeting of the Supervisory Board either within seven (7) days of receiving notice of the request for a statement, or, if the analysis of the B sample was requested, within seven (7) days of having received notice of the analysis result.
Not issuing a written statement or the absence of the person or other relevant party are no impediments to the review and resolution of the matter by the Supervisory Board.
The athlete, a representative authorised by the athlete in writing, another person or relevant sports federation or other sport organisation considered relevant may, for a special reason, request additional time for providing a statement. The Chair of the Supervisory Board or, if he or she is unable to do so, the Vice-Chair decides on extending the deadline.
The Supervisory Board of FINCIS will process the case and decide whether the action of an athlete or another person falling within the scope of application of the code is to be regarded as an antidoping rule violation under the code. If the Supervisory Board is of the opinion that an antidoping rule violation has taken place, it will issue a reasoned statement of the sanction recommended by it that should be imposed for the violation pursuant to the code. In accordance with the antidoping code adopted by sports organisations, however, the federation shall decide on the final sanction for the antidoping rule violation and notify without delay about the antidoping violation and the sanction imposed in a manner specified in the Antidoping Code.
Analysis of the B sample
An athlete or representative authorised by him or her in writing, FINCIS and the relevant sports federation or other competent sport organisation have the right to request that the B sample be analysed within the provided deadline. The B sample analysis is carried out at the expense of the party requesting the analysis. The request for analysis must be presented in writing or in another verifiable manner. If the analysis of the B sample is not provided within the stated deadline, it is considered that the analysis of the B sample has been waived.
If the analysis result of the B sample does not confirm the positive doping test result of the A sample, the entire doping test is considered to be negative, and the case will no longer be considered a potential antidoping rule violation.
If the analysis result of the B sample confirms the positive doping test result of the A sample, FINCIS will continue to manage the case as a potential antidoping rule violation and notify the athlete and other persons and parties informed of the result of the A sample of continued processing of the case.