Re:
nb: this being tedious as fcuk there's a summary at the bottom
The bolded bit is abundantly clear.
All Code signatories are required to accept the decisions of other Code signatories. In the LA USADA case, the UCI had three choices with regard to USADA's reasoned decision: 1) obey the Code and accept USADA's decision; 2) obey the Code but reject USADA's decision by filing an appeal with CAS; or 3) disobey the Code.
Nonsense.
What USADA actually say:
Yes, USADA carries out tests as instructed/requested by others. But USADA also initiates tests.
Why the relevant IF and WADA? Because they have the right of appeal.
That makes your case if the test was conducted by the IF. In this instance the concerned parties (Danielson, Vaughters, USADA) all seem to be in agreement: the test was conducted by USADA.
The short version: you are confused over who conducted the test; you are confused over what one Code signatory respecting the decisions of another Code signatory means.
nb: this being tedious as fcuk there's a summary at the bottom
DirtyWorks said:Here's a nice summary: https://wada-main-prod.s3.amazonaws.com/resources/files/LEGAL_sanctions_howman.pdf
Under the Code, the results management and hearing process of anti-doping
violations shall be the responsibility of and governed by the procedural rules
of the anti-doping organization which initiated and conducted sample
collections. Therefore, for example, each international federation will remain
responsible for the adjudication process for all the tests it has conducted
both in and out of competition. Each case is to be looked at individually, and
the athlete or athlete support person given the opportunity of establishing a
basis for eliminating or reducing the sanction.
HAVE WE CLEARED THAT UP YET?
The bolded bit is abundantly clear.
DirtyWorks said:If it were the case a NADO had authority to sanction an athlete, then why did USADA send a recommendation to give Armstrong a lifetime ban that was ruminated over by the UCI and then reluctantly agreed?
All Code signatories are required to accept the decisions of other Code signatories. In the LA USADA case, the UCI had three choices with regard to USADA's reasoned decision: 1) obey the Code and accept USADA's decision; 2) obey the Code but reject USADA's decision by filing an appeal with CAS; or 3) disobey the Code.
DirtyWorks said:Again, WADA has no authority to ban anyone. NADOs have no authority to ban anyone. They are directed by anti-doping authorities to initiate a sanction.
Nonsense.
DirtyWorks said:**What is the U.S. Anti-Doping Agency (USADA)?
USADA is responsible for administering all of the components of the anti-doping program, including the testing and results management processes for all USOC-recognized sport national governing bodies and their athletes, as well as events.
**Whom does USADA having testing and results management authority for?
Is being tested by USADA under authorization from the USOC, an NGB, IF, any NADO, WADA, the International Olympic Committee (IOC), International Paralympic Committee, (IPC), or the organizing committee of any Event or Competition.
That means organizations request tests and a NADO fulfills those requests.
What USADA actually say:
The United States Olympic Committee (USOC), USOC-recognized National Governing Bodies for sport, (NGBs) and the World Anti-doping Agency (WADA) Code have authorized USADA to test as well as adjudicate anti-doping rule violations for any athlete who:
* Is a member or a license holder of a USOC-recognized sport NGB
* Is participating at an Event or Competition sanctioned by the USOC or a USOC-recognized sport NGB or participating at an Event or Competition in the United States sanctioned by an International Olympic Committee-recognized International Federation (IF) for sport.
* Is a foreign athlete who is present in the United States
* Has given his/her consent to Testing by USADA or who has submitted a Whereabouts Filing to USADA or an IF within the previous 12 months and has not given his/her NGB written notice of retirement
* Has been named by the USOC or an NGB to an international team or who is included in the USADA Registered Testing Pool (USADA RTP) or is competing in a qualifying event to represent the USOC or NGB in international competition
* Is a United States Athlete or foreign Athlete present in the United States who is serving a period of ineligibility due to an anti-doping rule violation and has not given prior written notice of retirement to his/her NGB and USADA or the applicable foreign anti-doping agency or foreign sport association
* Is being tested by USADA under authorization from the USOC, an NGB, IF, any NADO, WADA, the International Olympic Committee (IOC), International Paralympic Committee, (IPC), or the organizing committee of any Event or Competition.
USADA does testing for International Federations (IFs), other National Anti-Doping Organizations (NADOs) and the World Anti-Doping Agency. USADA does not test at the Olympic Games. The Local Organizing Committee for the Olympic Games and WADA oversee testing at the Games.
Yes, USADA carries out tests as instructed/requested by others. But USADA also initiates tests.
DirtyWorks said:Under the "results management" FAQ
USADA forwards the Anti-Doping Review Board’s recommendation to the athlete, the relevant NGB, the USOC, the relevant IF and WADA.
Why the relevant IF? Because they have the authority to sanction.
Why the relevant IF and WADA? Because they have the right of appeal.
DirtyWorks said:Here's another FAQ making my point for me:
**If the adverse analytical finding is the result of a test conducted by the IF, does USADA adjudicate the positive results or other rules violations?
In many cases, if a test conducted by an IF on a U.S. athlete, results in an adverse analytical finding, the IF will forward the case to USADA to handle the results management process and adjudication.
WADA's own public statement on how testing authority works is in this post: viewtopic.php?p=1838775#p1838775
NADOs DO NOT HAVE THE AUTHORITY TO SANCTION ANYONE. They test for others and process sanctions.
That makes your case if the test was conducted by the IF. In this instance the concerned parties (Danielson, Vaughters, USADA) all seem to be in agreement: the test was conducted by USADA.
The short version: you are confused over who conducted the test; you are confused over what one Code signatory respecting the decisions of another Code signatory means.