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Let's have a look at the wording in rule 5 where they are talking about the protocol eh nuffy, and I quote from the contract "shall constitute the procedural rules applicable to any RESULTS MANAGEMENT SERVICES PROVIDED HEREUNDER"---------- so anything in protocol 5, 9-13, 16, 17(a) and 21 which has to do with results management will be used, so go on, how does that change things in your favor, hahahahahahahaha, it doesn't d1ckheadi see you didn't answer the last question again, just trying to attack me, your MO is sticking out like a sore thumb
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5. Choice of RulesOriginally posted by Shape up View Post
In conducting Testing and results management under this Protocol, USADA will apply the following rules and principles:
a. Articles of the Code set forth in Annex A, which is incorporated by reference into the USADA Protocol, shall apply in all cases.
WHAT PART OF SHOULD APPLY IN ALL CASES DON'T YOU UNDERSTAND YOU ****ING ******????Comment
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WHAT THE **** DO YOU THINK IS MEANT BY PROCEDURAL RULES, YOU ABSOLUTE MORON!!!!Originally posted by Shape up View Post
IF THE CONTRACT ONLY REQUIRED SOME PARTS OF SECTION 5, IT WOULD SAY IT. FOR EXAMPLE, THE CONTRACT SAYS IT INCLUDES SECTION 17(A). THAT ****ING TELLS YOU THAT THEY ARE INCLUDING ALL PARTS OF SECTION 5 YOU ****ING MORON!!!
[img]https://media.*****.com/media/l3E6uhDAN3W7vylji/*****.gif[/img]Last edited by travestyny; 11-12-2017, 05:33 AM.Comment
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your doing a great job strengthening my case, it should apply in all cases but the contract stipulates 1 through 10 ans 24.2, that isnt all, as for procedural, that only applies to management services as the contract stipulates, your a terrible excuse for an intellectOriginally posted by travestyny View PostComment
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No you moron. It does NOT exclude any parts. It says what parts will be THE SUBSTANTIVE ANTI-DOPING RULES. It does NOT say that the other rules are excluded. IT ****ING SAYS CLEARLY THAT THEY APPLY IN ALL CASES YOU BRAIN DEAD BlTCH. YOU REALLY ARE A ****ING MORON.Originally posted by Shape up View Post
WHICH PART OF SECTION 5 DO YOU THINK IT'S TALKING ABOUT, F@G? LET ME KNOW SO I CAN LAUGH AT YOU!
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HERE'S SECTION 5 ENTIRELY, BlTCH.Originally posted by Shape up View Post
1. WHY DOESN'T THE CONTRACT SAY 5(some letter) IF IT ONLY INCLUDES ONE PART OF SECTION 5?
2. WHAT PART DO YOU THINK IT IS USING IF IT IS NOT USING ALL OF SECTION 5. TELL ME!
5. Choice of Rules
In conducting Testing and results management under this Protocol, USADA will apply the following rules and principles:
a. Articles of the Code set forth in Annex A, which is incorporated by reference into the USADA Protocol, shall apply in all cases.
b. The selection and collection procedures set forth in sections 6, 7 & 9 herein shall apply to all Testing conducted by USADA unless different procedures are agreed to between USADA and the party requesting the test.
c. USADA shall be responsible for results management of the following: (1) tests initiated by USADA, unless otherwise referred by USADA to a foreign sports organization having jurisdiction over the Athlete or other Person, (2) all other tests for which the applicable IF rules require the initial adjudication to be done by a domestic body (if responsibility for results management is accepted by USADA), and (3) other potential violations of Annex A, the applicable IF’s anti- doping rules, the USOC NADP, or the USADA Protocol involving any Athlete described in section 3 of this Protocol, or any Athlete Support Personnel or other Persons described in section 4 including, without limitation, all potential violations discovered by USADA, unless otherwise referred by USADA to a foreign sports organization having jurisdiction over the Athlete or other Person. Where, pursuant to an agreement, USADA executes tests initiated by an IF, regional or continental sports organization or other Olympic movement sporting body, other than the USOC or NGB, then results management shall be governed by the USADA Protocol unless otherwise specified in the Testing agreement.
d. Any procedural rule of any entity for which USADA is conducting Testing or results management which is inconsistent with this Protocol shall be superseded by this Protocol.
e. The USOC has adopted the USOC NADP which affects Athletes’ or other Persons’ eligibility for USOC teams and benefits.Comment
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Originally posted by ADP02 View Post
COME ANSWER TO YOUR **** UPS!!!!!!!
EVEN IN THE CONTRACT IT SAYS THAT THE ATHLETE IS TO GIVE A MINIMUM OF 90ML AND THEN THE DCO WILL CHECK THE SPECIFIC GRAVITY WITH WHAT IS LEFT IN THE CONTAINER.
AND NO, NOT 2ml YOU MORON. LESS THAN 2ml. YOU DO KNOW WHAT A LESS THAN SIGN LOOKS LIKE, RIGHT????For Urine Collection:
The first step in the urine collection process is for the athlete to deposit a urine sample of at least 90 milliters in a plastic collection vessel.
The DCO will confirm the urine sample is within the required physiological limits by testing the specific gravity of the sample using the small amount of urine remaining in the collection vessel.
https://cdn2.vox-cdn.com/uploads/cho...Contract.0.pdf
NOTE: When pouring urine into the A and B bottles the DCO will instruct the Athlete to leave a residual amount (<2ml) in the collection vessel.
LOOK AT THE ****ING VIDEO. HE POURS ALL OF THE URINE OUT TO THE POINT THAT HE WAITS FOR A SINGLE DRIP TO COME OUT......AND THEY STILL HAVE ENOUGH FOR THE SPECIFIC GRAVITY TEST YOU MORON!!!
ASK YOURSELF, YOU DUMB ****. WHY THE **** WOULD WADA SAY THAT A MINIMUM OF 90ML IS REQUIRED, AND A SPECIFIC GRAVITY CHECK IS REQUIRED, IF THE MINIMUM AMOUNT DOESN'T ALLOW THEM TO FULFILL THE REQUIREMENT. THAT'S THE DUMBEST ****ING THING YOU'VE EVER SAID!!!! HOW CAN GIVING THE REQUIRED AMOUNT MAKE IT IMPOSSIBLE TO COMPLETE THE SAMPLE COLLECTION PROCESS???????
IT ALSO SAYS ANOTHER SAMPLE WILL BE REQUIRED IF IT IS DILUTED!!!!
[IMG]https://media.*****.com/media/14ceV8wMLIGO6Q/*****.gif[/IMG]Last edited by travestyny; 11-12-2017, 06:23 AM.Comment
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lets use your example nuffy, 17(a) is included in the contract, now lets look at all the code , The following Articles as applicable to the scope of the anti-doping activity which the anti-doping organization performs must be implemented by Signatories without substantive change (allowing for any non-substantive changes to the language in order to refer to the organization’s name, sport, section numbers, etc.):Originally posted by travestyny View Post
• Article 1 (De nition of Doping)
• Article 2 (Anti-Doping Rule Violations)
• Article 3 (Proof of Doping)
• Article 4.2.2 (Speci ed Substances)
• Article 4.3.3 (Wada’s Determination of the Prohibited list)
• Article 7.11 (Retirement from Sport)
• Article 9 (Automatic disquali cation of individual Results)
• Article 10 (Sanctions on Individuals)
• Article 11 (Consequences to Teams)
• Article 13 (Appeals) with the exception of 13.2.2, 13.6, and 13.7
• Article 15.1 (Recognition of Decisions)
• Article 17 (Statute of Limitations)
• Article 24 (Interpretation of the Code)
where is article 11, 13, 15, the rest of 17 apart from (a) and 24, they were omitted via the rule 4 in the contract, so they didnt use all of the articles according to the rule and your exampleComment
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Originally posted by shape up View Post
Jesus Christ. Seriously...do you have a ****ing brain?
Section 17(a) of the usada protocol, you moron. Not WADA Code article you idiot!!!!! Article 17 of the WADA Code doesn't have any parts you ****ing moron!!!!! AND YES, IT IS IN ANNEX A
FROM ANNEX A OF THE USADA PROTOCOL:
article 17: Statute of limitations
no anti-doping rule violation proceeding may be commenced against an athlete or other person unless he or she has been notified of the anti-doping rule violation as provided in article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred.
All of these codes are found in Annex A. Don't make me post the whole ****ing annex you moron.
**** IT. BECAUSE YOU ARE A MORON...
FROM ANNEX A OF THE USADA PROTOCOLOriginally posted by Shape up View Post
ARTICLE 11: CONSEQUENCES TO TEAMS
11.1 Testing of Team Sports
Where more than one member of a team in a Team Sport has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event Period.
11.2 Consequences for Team Sports
If more than two members of a team in a Team Sport are found to have committed an anti-doping rule violation during an Event Period, the ruling
body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competition or Event, or other sanction) in addition to any Consequences imposed upon the individual Athletes committing the anti-doping rule violation.
11.3 Event Ruling Body May Establish Stricter Consequences for Team Sports
The ruling body for an Event may elect to establish rules for the Event which impose Consequences for Team Sports stricter than those in Article 11.2 for purposes of the Event.
[Comment to Article 11.3: For example, the International Olympic Committee could establish rules which would require Disqualification of a team from the Olympic Games based on a lesser number of anti-doping rule violations during the period of the Games.]
ARTICLE 13: APPEALS
13.1
Decisions Subject to Appeal
Decisions made under the Code or rules adopted pursuant to the Code may
be appealed as set forth below in Articles 13.2 through 13.4 or as otherwise provided in the Code or International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before
an appeal is commenced, any post-decision review provided in the Anti-Doping Organization’s rules must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided in Article 13.1.3).
13.1.1
Scope of Review Not Limited
The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker.
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ANNEX A
13.1.2 CAS Shall Not Defer to the Findings Being Appealed
In making its decision, CAS need not give deference to the discretion
exercised by the body whose decision is being appealed.
[Comment to Article 13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]
13.1.3 WADA Not Required to Exhaust Internal Remedies
Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within the Anti-Doping Organization’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in the Anti-Doping Organization process.
[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of an Anti-Doping Organization’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of the Anti-Doping Organization’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in the Anti-Doping Organization’s internal process and appeal directly to CAS.]
13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Recognition of Decisions and Jurisdiction
A decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six months notice requirement for a retired Athlete to
return to Competition under Article 5.7.1; a decision by WADA assigning results management under Article 7.1; a decision by an Anti-Doping Organization not
to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision not to go forward with an anti-doping rule violation after an investigation under Article 7.7; a decision to impose a Provisional Suspension as a result of a Provisional Hearing or for an Anti-Doping Organization’s failure to comply with Article 7.9; a decision that an Anti-Doping Organization lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under Article 10.6.1; a decision under Article 10.12.3; and a decision by an Anti-Doping Organization not to recognize another Anti-Doping Organization’s decision under Article 15 may be appealed exclusively as provided in this Article 13.2.
13.2.1 Appeals Involving International-Level Athletes or International Events In cases arising from participation in an International Event or in cases
involving International-Level Athletes, the decision may be appealed 44
13.2.2 13.2.3
exclusively to CAS in accordance with the provisions applicable before such court.
[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]
[Omitted.]
Persons Entitled to Appeal
In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) the National Anti-Doping Organization of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including Games; and (f) WADA.
In cases under Article 13.2.2, the parties having the right to appeal to the national-level appeal body shall be as provided in the National Anti-Doping Organization’s rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) the National Anti-Doping Organization of the Person’s country of residence; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision
may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games, and (f) WADA. For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body. Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping Organization whose decision is being appealed and the information shall be provided if CAS so directs.
The filing deadline for an appeal filed by WADA shall be the later of:
(a) Twenty-one days after the last day on which any other party in the case could
have appealed, or
(b) Twenty-one days after WADA’s receipt of the complete file relating to the decision.
Notwithstanding any other provision herein, the only Person who may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.
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ANNEX A
13.2.4 Cross Appeals and other Subsequent Appeals Allowed
Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal with the party’s answer.
[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping Organization appeals a decision after the Athlete’s time for appeal has expired. This provision permits a full hearing for all parties.]
13.3 Failure to Render a Timely Decision by an Anti-Doping Organization
Where, in a particular case, an Anti-Doping Organization fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if the Anti-Doping Organization had rendered a decision finding no anti-doping rule violation. If the CAS hearing panel determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorneys fees in prosecuting the appeal shall be reimbursed to WADA by the Anti-Doping Organization.
[Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and results management process, it is not feasible to establish a fixed time period for an Anti-Doping Organization to render a decision before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA will consult with the Anti-Doping Organization and give the Anti-Doping Organization
an opportunity to explain why it has not yet rendered a decision. Nothing in this Article prohibits an International Federation from also having rules which authorize it to assume jurisdiction for matters in which the results management performed by one of its National Federations has been inappropriately delayed.]
13.4 Appeals Relating to TUEs
TUE decisions may be appealed exclusively as provided in Article 4.4.
13.5 Notification of Appeal Decisions
Any Anti-Doping Organization that is a party to an appeal shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organizations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2.
[Comment to Article 13: The object of the Code is to have anti-doping matters resolved through fair and transparent internal processes with a final appeal. Anti-doping decisions by Anti-Doping Organizations are made transparent in Article 14. Specified Persons and organizations, including WADA, are then given the opportunity to appeal those decisions. Note that the definition of interested Persons and organizations with a right to appeal under Article 13 does not include Athletes, or their federations, who might benefit from having another competitor disqualified.]
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ARTICLE 15: APPLICATION AND RECOGNITION OF DECISIONS
15.1 Subject to the right to appeal provided in Article 13, Testing, hearing results or other final adjudications of any Signatory which are consistent with the Code and are within that Signatory’s authority, shall be applicable worldwide and shall be recognized and respected by all other Signatories.
[Comment to Article 15.1: The extent of recognition of TUE decisions of other Anti- Doping Organizations shall be determined by Article 4.4 and the International Standard for The****utic Use Exemptions.]
ARTICLE 17: STATUTE OF LIMITATIONS
No anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred.
ARTICLE 24: INTERPRETATION OF THE CODE
24.1 The official text of the Code shall be maintained by WADA and shall be published in English and French. In the event of any conflict between the English and French versions, the English version shall prevail.
24.2 The comments annotating various provisions of the Code shall be used to interpret the Code.
24.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
24.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.
24.5 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules. However, pre- Code anti-doping rule violations would continue to count as “First violations” or “Second violations” for purposes of determining sanctions under Article 10 for subsequent post-Code violations.
24.6 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definitions and Appendix 2, Examples of the Application of Article 10, shall be considered integral parts of the Code.GO AWAY. YOU'RE DONE!Last edited by travestyny; 11-12-2017, 06:48 AM.Comment
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Originally posted by travestyny View Post
well then explain how the wada protocol has 22 sections, where is 17b-c and d, theyre omitted with all of the others not mentioned in the contract knobjockey, youve failed dismallyComment
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