Part One: General Provisions

 

1             Scope and Application

 

Adoption

 

1.1           These Classification Rules and Regulations are referred to throughout this document as the ‘Classification Rules’. They have been prepared by World Para Swimming to implement the requirements of the 2015 IPC Athlete Classification Code and International Standards.

 

1.2           The Classification Rules have been adopted by World Para Swimming on 8 March, 2017.

 

1.3           These Classification Rules refer to a number of Appendices. These Appendices form an integral part of the Classification Rules.

 

1.4           These Classification Rules form part of the World Para Swimming Rules and Regulations.

 

1.5           The Classification Rules are supplemented by a number of Classification forms that have been prepared to assist Athlete Evaluation. These forms are available from World Para Swimming, and may be amended by World Para Swimming from time to time.

 

Classification

 

1.6           Classification is undertaken to:

 

a)     Define who is eligible to compete in Para sport and consequently who has the opportunity to reach the goal of becoming a Paralympic Athlete; and

 

b)        Group Athletes into Sport Classes which aim to ensure that the impact of Impairment is minimised and sporting excellence determines which Athlete or team is ultimately victorious.

 

Application

 

1.7           These Classification Rules apply to all Athletes and Athlete Support Personnel who are registered and/or licensed with World Para Swimming, and/or participate in any Events or Competitions organised, authorised or recognised by World Para Swimming.

 

1.8           These Classification Rules must be read and applied in conjunction with all other applicable rules of World Para Swimming, including but not limited to the sport technical rules of World Para Swimming. In the event of any conflict between these Classification Rules and any other rules, the Classification Rules shall take precedence.

 

International Classification

 

1.9           World Para Swimming will only permit an Athlete to compete at International Competitions if that Athlete has been allocated a Sport Class (other than Sport Class Not Eligible) and designated with a Sport Class Status in accordance with these Classification Rules.

 

1.10        World Para Swimming will provide opportunities for Athletes to be allocated a Sport Class and designated with a Sport Class Status in accordance with these Classification Rules at Recognised Competitions (or other such locations as defined by World Para Swimming). World Para Swimming will advise Athletes, National Bodies and National Paralympic Committees in advance as to such Recognised Competitions (or other such locations).

 

Interpretation and Relationship to Code

 

1.11        References to an ‘Article’ mean an Article of these Classification Rules, references to an ‘Appendix’ mean an Appendix to these Classification Rules, and Capitalised terms used in these Classification Rules have the meaning given to them in the Glossary to these Classification Rules.

 

1.12        References to a ‘sport’ in these Classification Rules refer to both a sport and an individual discipline within a sport [freestyle, backstroke, breaststroke or individual medley].

 

1.13        The Appendices to these Classification Rules are part of these Classification Rules both of which may be amended, supplemented and/or replaced by the World Para Swimming from time to time.

 

1.14        Headings used in these Classification Rules are used for convenience only and have no meaning that is separate from the Article or Articles to which they refer.

 

1.15        These Classification Rules are to be applied and interpreted as an independent text but in a manner that is consistent with the 2015 IPC Athlete Classification Code and the accompanying International Standards.

 

2          Roles and Responsibilities

 

2.1           It is the personal responsibility of Athletes, Athlete Support Personnel, and Classification Personnel to familiarise themselves with all the requirements of these Classification Rules.

 

Athlete Responsibilities

 

2.2           The roles and responsibilities of Athletes include to:

 

c)         Be knowledgeable of and comply with all applicable policies, rules and processes established by these Classification Rules;

 

d)        Participate in Athlete Evaluation in good faith;

 

e)        Ensure when appropriate that adequate information related to Health Conditions and Eligible Impairments is provided and/or made available to World Para Swimming;

 

f)         Cooperate with any investigations concerning violations of these Classification Rules; and

 

g)         Actively participate in the process of education and awareness, and Classification research, through exchanging personal experiences and expertise.

 

Athlete Support Personnel Responsibilities

 

2.3           The roles and responsibilities of Athlete Support Personnel include to:

 

a)                    Be knowledgeable of and comply with all applicable policies, rules and processes established by these Classification Rules;

 

b)        Use their influence on Athlete values and behaviour to foster a positive and collaborative Classification attitude and communication;

 

c)         Aassist in the development, management and implementation of Classification Systems; and

 

d)        Cooperate with any investigations concerning violations of these Classification Rules.

 

Classification Personnel Responsibilities

 

2.4           The roles and responsibilities of Classification Personnel include to:

 

a)                    Have a complete working knowledge of all applicable policies, rules and processes established by these Classification Rules;

 

b)        Use their influence to foster a positive and collaborative Classification attitude and communication;

c)         Assist in the development, management and implementation of Classification Systems, including participation in education and research; and

 

d)        Cooperate with any investigations concerning violations of these Classification Rules.

 

Part Two: Classification Personnel

 

3          Classification Personnel

 

3.1           Classification Personnel are fundamental to the effective implementation of these Classification Rules. World Para Swimming will appoint a number of Classification Personnel, each of whom will have a key role in the organisation, implementation and administration of Classification for the World Para Swimming.

 

Head of Classification

 

3.2           World Para Swimming must appoint a Head of Classification. The Head of Classification is a person responsible for the direction, administration, co-ordination and implementation of Classification matters for World Para Swimming.

 

3.3           If a Head of Classification cannot be appointed, World Para Swimming may appoint another person, or group of persons collectively (provided such person or group of persons agrees to comply with the Classifier Code of Conduct), to act as the Head of Classification.

 

3.4           The Head of Classification is not required to be a certified Classifier.

 

3.5           The Head of Classification may delegate specific responsibilities and/or the transfer specific tasks to designated Classifiers, or other persons authorised by World Para Swimming.

 

3.6           Nothing in these Classification Rules prevents the Head of Classification (if certified as a Classifier) from also being appointed as a Classifier and/or Chief Classifier.

 

Chief Classifiers

 

3.7           A Chief Classifier is a Classifier appointed to direct, administer, co-ordinate and implement Classification matters for a specific Competition or at such other location as defined by World Para Swimming. In particular, a Chief Classifier may be required by World Para Swimming to do the following:

 

3.7.1       Supervise Classifiers to ensure that the these Classification Rules are properly applied during Classification; and

 

3.7.2       Manage Protests in consultation with World Para Swimming.

 

3.8          A Chief Classifier may delegate specific responsibilities and/or transfer specific tasks to other appropriately qualified Classifiers, or other appropriately qualified World Para Swimming officers or representatives, and/or appropriately qualified persons in the local organising committee of a Competition.

 

Classifiers

 

3.9           A Classifier is a person authorised as an official and certified by the World Para Swimming to conduct some or all components of Athlete Evaluation as a member of a Classification Panel.

 

Trainee Classifiers

 

3.10        A Trainee Classifier is a person who is in the process of formal training by World Para Swimming.

 

3.11        World Para Swimming may appoint Trainee Classifiers to participate in some or all components of Athlete Evaluation under the supervision of a Classification Panel (which will include a World Para Swimming Classification Educator), to develop Classifier Competencies.

 

4          Classifier Competencies, Training and Certification

 

4.1           A Classifier will be authorised to act as a Classifier if that Classifier has been certified by World Para Swimming as having the relevant Classifier Competencies.

 

4.2           World Para Swimming must provide training and education to Classifiers to ensure Classifiers obtain and/or maintain Classifier Competencies.

 

4.3           World Para Swimming must specify and publish Classifier Competencies in a manner that is transparent and accessible. The Classifier Competencies must include that a Classifier has:

 

4.3.1       A thorough understanding of these Classification Rules;

 

4.3.2       An understanding of Para swimming for which they seek certification to act as a Classifier, including an understanding of the technical rules of the sport(s);

 

4.3.3       An understanding of the Code and the International Standards; and

 

4.3.4       A professional qualification(s), level of experience, skills and/or competencies in order to act as a Classifier for World Para Swimming. These include that Classifiers must either:

 

a)            Be a certified health professional in a field relevant to the Eligible Impairment category which World Para Swimming at its sole discretion deems acceptable, such as a physician or physiotherapist for Athletes with a Physical Impairment; ophthalmologist or optometrist for Athletes with a Vision Impairment; and/or a psychologist for Athletes with an Intellectual Impairment; or

 

b)           Have an extensive coaching or other relevant background in the particular sport(s); or a recognised and reputable academic qualification which encompasses a requisite level of anatomical, biomechanical and sport- specific expertise, which World Para Swimming at its sole discretion deems to be acceptable.

 

4.4          World Para Swimming must establish a process of Classifier Certification by which Classifier Competencies are assessed. This process must include:

 

4.4.1       A process for the certification of Trainee Classifiers;

 

4.4.2       Quality assessment for the period of certification;

 

4.4.3       A process for handling substandard performance, including options for remediation and/or withdrawal of certification; and

 

4.4.4       A process for Re-certification of Classifiers.

 

4.5           World Para Swimming must specify Entry-Level Criteria applicable to persons who wish to become Trainee Classifiers. World Para Swimming will provide Entry-Level Education to Trainee Classifiers.

 

4.6           World Para Swimming must provide Continuing Education to Classifiers for the purposes of Certification and Re-certification.

 

4.7           World Para Swimming may provide that a Classifier is subject to certain limitations, including (but not limited to):

 

4.7.1       A limitation on the Impairment type for which a Classifier is certified to act as a Classifier;

 

4.7.2       A limitation on the components of Athlete Evaluation that a Classifier is certified to conduct;

 

4.7.3       A limitation on the level of Competition or Event that a Classifier is authorised to act as a Classifier;

 

4.7.4       The maximum time that a Classifier Certification is valid;

 

4.7.5       That Classifier Certification is subject to review within a specific time frame by reference to the Classifier Competencies;

 

4.7.6       That a Classifier may lose Classifier Certification if World Para Swimming is not satisfied that the Classifier possesses the required Classifier Competencies; and/or

 

4.7.7       That a Classifier may regain Classifier Certification if World Para Swimming is satisfied that the Classifier possesses the required Classifier Competencies.

 

4.8           Further information about the World Para Swimming Pathways and Education Programmes can be found here: https://www.paralympic.org/swimming/education

 

5          Classifier Code of Conduct

 

5.1           The integrity of Classification in Para swimming depends on the conduct of Classification Personnel. World Para Swimming has therefore adopted a set of professional conduct standards referred to as the ‘Classifier Code of Conduct’.

 

5.2           All Classification Personnel must comply with the Classifier Code of Conduct.

 

5.3           Any person who believes that any Classification Personnel may have acted in a manner that contravenes the Classifier Code of Conduct must report this to World Para Swimming.

 

5.4           If World Para Swimming receives such a report it will investigate the report and, if appropriate, take disciplinary measures.

 

5.5           World Para Swimming has discretion to determine whether or not a Classifier has an actual, perceived and/or potential conflict of interest.

 

                Part Three: Athlete Evaluation

 

6          General Provisions

 

6.1           World Para Swimming has specified in these Classification Rules the process, assessment criteria and methodology whereby Athletes will be allocated a Sport Class and designated a Sport Class Status. This process is referred to as Athlete Evaluation.

 

6.2           Athlete Evaluation encompasses a number of steps and these Classification Rules therefore include provisions regarding:

 

6.2.1       An assessment of whether or not an Athlete has an Eligible Impairment for the sport;

 

6.2.2       An assessment of whether an Athlete complies with Minimum Impairment Criteria for the sport; and

 

6.2.3       The allocation of a Sport Class (and designation of a Sport Class Status) depending on the extent to which an Athlete is able to execute the specific tasks and activities fundamental to the sport (with the exception for athletes with Vision Impairment, where the current assessment criteria is not yet sport specific and does not include a requirement that the Athletes are assessed in respect of the ‘extent to which the Athlete is able to execute the specific tasks and activities fundamental to the sport’)

 

7          Eligible Impairment

 

7.1           Any Athlete wishing to compete in a sport governed by World Para Swimming must have an Eligible Impairment and that Eligible Impairment must be Permanent.

 

7.2           Appendices One, Two and Three of these Classification Rules specify the Eligible Impairment(s) an Athlete must have in order to compete in a sport governed by World Para Swimming.

 

7.3           Any Impairment that is not listed as an Eligible Impairment in Appendices One, Two or Three is referred to as a Non-Eligible Impairment. Appendix Four includes examples of Non-Eligible Impairments.

 

Assessment of Eligible Impairment

 

7.4           World Para Swimming must determine if an Athlete has an Eligible Impairment.

 

7.4.1       In order to be satisfied that an Athlete has an Eligible Impairment, World Para Swimming may require any Athlete to demonstrate that he or she has a Health Condition that leads to an Eligible Impairment. Appendix Four lists examples of Health Conditions that are not Underlying Health Conditions.

 

7.4.2       The means by which World Para Swimming determines that an individual Athlete has an Eligible Impairment is at the sole discretion of World Para Swimming. World Para Swimming may consider that an Athlete’s Eligible Impairment is sufficiently obvious and therefore not require evidence that demonstrates the Athlete’s Eligible Impairment.

 

7.4.3       If in the course of determining if an Athlete has an Eligible Impairment World Para Swimming becomes aware that the Athlete has a Health Condition, and believes that the impact of that Health Condition may be that it is unsafe for that Athlete to compete or there is a risk to the health of the Athlete (or other Athletes) if that Athlete competes, it may designate the Athlete as Classification Not Completed (CNC) in accordance with Article 10 of these Classification Rules. In such instances World Para Swimming will explain the basis of its designation to the relevant National Body and/or National Paralympic Committee.

 

7.5           An Athlete is required to supply World Para Swimming with Diagnostic Information that must be provided as follows:

 

7.5.1       The relevant National Body and/or National Paralympic Committee must submit a Medical Diagnostics Form to World Para Swimming, upon completing the registration of an Athlete.

 

7.5.2       The Medical Diagnostics Form must be completed in English and dated and signed by a certified medical doctor (Physical Impairment) or ophthalmologist (Vision Impairment).

 

7.5.3       The Medical Diagnostic Form must be submitted with supportive Diagnostic Information if required by World Para Swimming.

 

7.6           World Para Swimming may require an Athlete to re-submit the Medical Diagnostics Form (with necessary supportive Diagnostic Information) if the World Para Swimming at its sole discretion considers the Medical Diagnostic Form and/or the Diagnostic Information to be incomplete or inconsistent.

 

7.7           If World Para Swimming requires an Athlete to provide Diagnostic Information it may consider the Diagnostic Information itself, and/or may appoint an Eligibility Assessment Committee to do so.

 

7.8           The process by which an Eligibility Assessment Committee is formed and considers Diagnostic Information is as follows:

 

7.8.1       World Para Swimming will notify the relevant National Body or National Paralympic Committee that Diagnostic Information must be provided on behalf of the Athlete. The Head of Classification will explain what Diagnostic Information is required, and the purposes for which it is required.

 

7.8.2       The Head of Classification will set timelines for the production of Diagnostic Information.

 

7.8.3       The Head of Classification will appoint an Eligibility Assessment Committee. The Eligibility Assessment Committee must, if practicable, be comprised of the Head of Classification and at least two other experts with appropriate medical qualifications. All members of the Eligibility Assessment Committee must sign confidentiality undertakings.

 

7.8.4       If the Head of Classification believes that he or she does not hold the necessary competencies to assess the Diagnostic Information, he or she will not participate in the review of the Diagnostic Information, but will assist the Eligibility Assessment Committee.

 

7.8.5       Wherever possible all references to the individual Athlete and the source(s) of the Diagnostic Information should be withheld from the Eligibility Assessment Committee. Each member of the Eligibility Assessment Committee will review the Diagnostic Information and decide whether such information establishes the existence of an Eligible Impairment.

 

7.8.6       If the Eligibility Assessment Committee concludes that the Athlete has an Eligible Impairment the Athlete will be permitted to complete Athlete Evaluation with a Classification Panel.

 

7.8.7       If the Eligibility Assessment Committee is not satisfied that the Athlete has an Eligible Impairment the Head of Classification will provide a decision to this effect in writing to the relevant National Body or National Paralympic Committee. The National Body or National Paralympic Committee will be given an opportunity to comment on the decision and may provide further Diagnostic Information to the Eligibility Assessment Committee for review. If the decision is subsequently revised, the Head of Classification will inform the National Body or National Paralympic Committee.

 

7.8.8       If the decision is not changed, the Head of Classification will issue a final decision letter to the National Body or National Paralympic Committee and the athlete will be allocated Not Eligible (NE) in accordance with the provisions of Article 18.3 of these Classification Rules.

 

7.8.9       The Eligibility Assessment Committee may make its decisions by a majority. If the Head of Classification is part of the Eligibility Assessment Committee, he or she may veto any decision if he or she does not agree that the Diagnostic Information supports the conclusion that the Athlete has an        Eligible Impairment.

7.9           World Para Swimming may delegate one or more of the functions described above to a Classification Panel.

 

8          Minimum Impairment Criteria

 

8.1           An Athlete who wishes to compete in a sport must have an Eligible Impairment that complies with the relevant Minimum Impairment Criteria for that sport.

 

8.2           World Para Swimming has set Minimum Impairment Criteria to ensure that an Athlete’s Eligible Impairment affects the extent to which an Athlete is able to execute the specific tasks and activities fundamental to the sport.

 

8.3           Appendices One, Two and Three of these Classification Rules specify the Minimum Impairment Criteria applicable to each sport and the process by which an Athlete’s compliance with Minimum Impairment Criteria is to be assessed by a Classification Panel as part of an Evaluation Session.

 

8.4           Any Athlete who does not comply with the Minimum Impairment Criteria for a sport must be allocated Sport Class Not Eligible (NE) for that sport.

 

8.5           A Classification Panel must assess whether or not an Athlete complies with Minimum Impairment Criteria. This will take place as part of an Evaluation Session. Prior to participating in an Evaluation Session, an Athlete must first satisfy the World Para Swimming that he or she has an Eligible Impairment.

 

8.6           In relation to the use of Adaptive Equipment, World Para Swimming has set Minimum Impairment Criteria as follows:

 

8.6.1       For Eligible Impairments other than Vision Impairment, Minimum Impairment Criteria must notconsider the extent to which the use of Adaptive Equipment might affect how the Athlete is able to execute the specific tasks and activities fundamental to the sport;

8.6.2       For Vision Impairment, Minimum Impairment Criteria must consider the extent to which the use of Adaptive Equipment might affect how the Athlete is able to execute the specific tasks and activities fundamental to the sport.

 

9          Sport Class

 

9.1           A Sport Class is a category defined by World Para Swimming in these Classification Rules, in which Athletes are grouped by reference to the impact of an Eligible Impairment on their ability to execute the specific tasks and activities fundamental to a sport.

 

9.1.1       An Athlete who does not have an Eligible Impairment or does not comply with the Minimum Impairment Criteria for a sport must be allocated Sport Class Not Eligible (NE) for that sport in accordance with the provisions of Article 18 of these Classification Rules.

 

9.1.2       An Athlete who complies with the Minimum Impairment Criteria for a sport must be allocated a Sport Class (subject to the provisions in these Classification Rules concerning Failure to Attend Athlete Evaluation and Suspension of Athlete Evaluation).

 

9.1.3       Except for the allocation of Sport Class Not Eligible (NE) by World Para Swimming (in accordance with Article 18.1), the allocation of a Sport Class must be based solely on an evaluation by a Classification Panel of the extent to which the Athlete’s Eligible Impairment affects the specific tasks and activities fundamental to sport. This evaluation must take place in a controlled non- competitive environment, which allows for the repeated observation of key tasks and activities.

9.2           Appendices One, Two and Three of these Classification Rules specify the assessment methodology and assessment criteria for the allocation of a Sport Class and the designation of Sport Class Status.

 

10        Classification Not Completed

 

10.1        If at any stage of Athlete Evaluation World Para Swimming or a Classification Panel is unable to allocate a Sport Class to an Athlete, the Head of Classification or the relevant Chief Classifier may designate that Athlete as Classification Not Completed (CNC).

 

10.2        The designation Classification Not Completed (CNC) is not a Sport Class and is not subject to the provisions in these Classification Rules concerning Protests. The designation Classification Not Completed (CNC) will however be recorded for the purpose of the World Para Swimming Classification Master List.

 

10.3        An Athlete who is designated as Classification Not Completed (CNC) may not compete in the sport of World Para Swimming. See Article 30 for remediation.

 

Part Four: Athlete Evaluation and the Classification Panel

 

11        The Classification Panel

 

11.1        A Classification Panel is a group of Classifiers appointed by World Para Swimming to conduct some or all of the components of Athlete Evaluation including as part of an Evaluation Session.

 

General Provisions

 

11.2        A Classification Panel must be comprised of at least of two certified Classifiers. In exceptional circumstances a Chief Classifier may provide that a Classification Panel comprise only one Classifier, subject to that Classifier holding a valid medical qualification.

11.3        A Trainee Classifier may be part of a Classification Panel in addition to the required number of certified Classifiers, and may participate in Athlete Evaluation.

 

12        Classification Panel Responsibilities

 

12.1        A Classification Panel is responsible for conducting an Evaluation Session. As part of the Evaluation Session the Classification Panel must:

 

12.1.1   Assess whether an Athlete complies with Minimum Impairment Criteria for the sport (physical assessment);

 

12.1.2   Assess the extent to which an Athlete is able to execute the specific tasks and activities fundamental to the sport (technical assessment); and

 

12.1.3   Conduct (if required) Observation in Competition.

 

12.2        Following the Evaluation Session the Classification Panel must allocate a Sport Class and designate a Sport Class Status, or designate Classification Not Completed (CNC).

 

12.3        Prior to the Evaluation Session, the assessment as to whether an Athlete has an Eligible Impairment must be undertaken by World Para Swimming, unless World Para Swimming requests this to be undertaken by a Classification Panel.

 

12.4        The Evaluation Session must take place in a controlled non-competitive environment that allows for the repeated observation of key tasks and activities.

 

12.4.1   Although other factors such as low fitness level, poor technical proficiency and aging may also affect the fundamental tasks and activities of the sport, the allocation of Sport Class must not be affected by these factors.

 

12.5        An Athlete who has a Non-Eligible Impairment and an Eligible Impairment may be evaluated by a Classification Panel on the basis of the Eligible Impairment, provided the Non-Eligible Impairment does not affect the Classification Panel’s ability to allocate a Sport Class.

12.6        The Sport Class allocated to the Athlete will be in accordance with the processes specified in Appendices One, Two and Three.

 

13        Evaluation Sessions

 

13.1        This Article applies to all Evaluation Sessions.

 

13.2        The Athlete’s National Body or National Paralympic Committee is responsible for ensuring that Athletes comply with their duties in relation to the provisions in this Article.

 

13.3        In respect of Athletes:

 

13.3.1   Athletes have the right to be accompanied by a member of the Athlete’s National Body or National Paralympic Committee when attending an Evaluation Session. The Athlete must be accompanied if the Athlete is a minor or has an Intellectual Impairment.

 

13.3.2   The person chosen by the Athlete to accompany the Athlete at an Evaluation Session should be familiar with the Athlete’s Impairment and sport history.

 

13.3.3   The Athlete and accompanying person must acknowledge the terms of the Athlete Evaluation Agreement Form as specified by World Para Swimming.

 

13.3.4   The Athlete must verify his or her identity to the satisfaction of the Classification Panel, by providing a document such as a passport, photo ID card, or event accreditation.

 

13.3.5   The Athlete must attend the Evaluation Session with any sports attire or equipment relevant to the sport for which the Athlete wishes to be allocated a Sport Class.

 

13.3.6     The Athlete must disclose the use of any medication and/or medical device/implant to the Classification Panel.

 

13.3.7     The Athlete must comply with all reasonable instructions given by a Classification Panel.

 

13.4        In respect of the Classification Panel:

 

13.4.1     The Classification Panel may request that an Athlete provide medical documentation relevant to the Athlete’s Eligible Impairment if the Classification Panel believes that this will be necessary in order for it to allocate a Sport Class.

 

13.4.2     The Classification Panel will conduct Evaluation Sessions in English unless otherwise stipulated by World Para Swimming. If the Athlete requires an interpreter, a member of the Athlete’s National Body or National Paralympic Committee will be responsible for arranging for an interpreter. The interpreter is permitted to attend the Evaluation Session in addition to the person referred to in Article 13.3.1 above.

 

13.4.3     The Classification Panel may at any stage seek medical, technical or scientific opinion(s), with the agreement of the Head of Classification and/or a Chief Classifier if the Classification Panel feels that such opinion(s) is necessary in order to allocate a Sport Class.

 

13.4.4   In addition to any opinion(s) sought in accordance with Article 13.4.3, a Classification Panel may only have regard to evidence supplied to it by the relevant Athlete, National Body, National Paralympic Committee and World Para Swimming (from any source) when allocating a Sport Class.

 

13.4.5   The Classification Panel may make, create or use video footage and/or other records to assist it when allocating a Sport Class.

 

14        Observation in Competition

 

14.1        A Classification Panel may require that an Athlete undertake Observation in Competition Assessment before it allocates a final Sport Class and designates a Sport Class Status to that Athlete.

 

14.2        The methods by which Observation in Competition Assessment may be undertaken, and the matters to be observed, must be determined by World Para Swimming.

 

14.3        If a Classification Panel requires an Athlete to complete Observation in Competition Assessment, the Athlete will be entered in the Competition with the Sport Class allocated by the Classification Panel after the conclusion of the initial components of the Evaluation Session.

 

14.4        An Athlete who is required to complete Observation in Competition Assessment will be designated with Tracking Code: Observation Assessment (OA). This replaces the Athlete’s Sport Class Status for the duration of Observation in Competition Assessment.

 

14.5        Observation in Competition Assessment must take place during First Appearance. In this regard:

 

14.5.1     First Appearance is the first time an Athlete competes in an Event during a Competition in a particular Sport Class.

 

14.5.2     First Appearance within a Sport Class applies to participation in all Events within the same Sport Class.

 

14.6        If an Athlete is:

 

a)                    Subject to a Protest following Observation in Competition; and

 

b)                   The second Evaluation Session is conducted at that same Competition; and

 

c)                     Pursuant to the second Evaluation Session the Athlete is required to undergo Observation in Competition,

 

Observation in Competition must take place at the next opportunity within the Sport Class allocated to the Athlete by the Protest Panel with Tracking Code Observation Assessment (OA).

 

14.6.1   The Classification Panel must allocate a Sport Class and replace the Athlete’s Tracking Code Observation Assessment (OA) by designating a Sport Class Status upon completion of First Appearance (or completion of any Observation in Competition conducted as part of a Protest). If changes to an Athlete’s Sport Class or Sport Class Status are made following Observation in Competition, the changes are effective immediately.

 

14.7        The impact of an Athlete changing Sport Class after First Appearance on medals, records and results is detailed in the World Para Swimming Rules and Regulations.

 

15        Sport Class Status

 

15.1        If a Classification Panel allocates a Sport Class to an Athlete, it must also designate a Sport Class Status. Sport Class Status indicates whether or not an Athlete will be required to undertake Athlete Evaluation in the future; and if the Athlete’s Sport Class may be subject to Protest.

 

15.2        The Sport Class Status designated to an Athlete by a Classification Panel at the conclusion of an Evaluation Session will be one of the following:

 

•          Confirmed (C)

·                     Review (R)

·                     Review with a Fixed Review ate (FRD)

Sport Class Status New

15.3        An Athlete is allocated Sport Class Status New (N) by World Para Swimming prior to attending the Athlete’s first Evaluation Session. An Athlete with Sport Class Status New (N) must attend an Evaluation Session prior to competing at any International Competition, unless World Para Swimming specifies otherwise.

 

Sport Class Status Confirmed

 

15.4        An Athlete will be designated with Sport Class Status Confirmed (C) if the Classification Panel is satisfied that both the Athlete’s Eligible Impairment and the Athlete’s ability to execute the specific tasks and activities fundamental to the sport are and will remain stable (with the exception for Athletes with Vision Impairment as referred to in Article 6.2.3).

 

15.4.1     An Athlete with Sport Class Status Confirmed (C) is not required to undergo any further Athlete Evaluation (save pursuant to the provisions in these Classification Rules concerning Protests (Article 19), Medical Review (Article 31) and changes to Sport Class criteria (Article 15.7)).

 

                A Classification Panel that consists of only one Classifier may not designate an Athlete with Sport Class Status Confirmed (C) but must designate the Athlete with Sport Class Status Review (R).

 

Sport Class Status Review

 

15.5        An Athlete will be designated Sport Class Status Review (R) if the Classification Panel believes that further Evaluation Sessions will be required.

 

15.5.1   A Classification Panel may base its belief that further Evaluation Sessions will be required based on a number of factors, including but not limited to situations where the Athlete has only recently entered Competitions sanctioned or recognised by World Para Swimming; has a fluctuating and/or progressive Impairment/Impairments that is/are permanent but not stable; and/or has not yet reached full muscular skeletal or sports maturity.

 

15.5.2   An Athlete with Sport Class Status Review (R) must complete Athlete Evaluation prior to competing at any subsequent International Competition, unless World Para Swimming specifies otherwise.

 

Sport Class Status Review with Fixed Review Date

 

15.6        An Athlete may be designated Sport Class Status Review with a Fixed Review Date (FRD) if the Classification Panel believes that further Athlete Evaluation will be required but will not be necessary before a set date, being the Fixed Review Date.

 

15.6.1   An Athlete with Sport Class Status Review with a Fixed Review Date (FRD) will be required to attend an Evaluation Session at the first opportunity after the relevant Fixed Review Date.

 

15.6.2   An Athlete who has been allocated Sport Class Status Review with a Fixed Review Date (FRD) may not attend an Evaluation Session prior to the relevant Fixed Review Date save pursuant to a Medical Review Request and/or Protest.

 

15.6.3   A Classification Panel that consists of only one Classifier may not designate an Athlete with Sport Class Status Review with a Fixed Review Date (FRD) but must designate the Athlete with Sport Class Status Review (R).

 

Changes to Sport Class Criteria

 

15.7        If World Para Swimming changes any Sport Class criteria and/ or assessment methods defined in the Appendices to these Rules, then:

 

15.7.1     World Para Swimming may re-assign any Athlete who holds Sport Class Status Confirmed (C) with Sport Class Status Review (R) and require that the Athlete attend an Evaluation Session at the earliest available opportunity; or

 

15.7.2     World Para Swimming may remove the Fixed Review Date for any Athlete and require that the Athlete attend an Evaluation Session at the earliest available opportunity; and

 

15.7.3     In both instances the relevant National Body or National Paralympic Committee shall be informed as soon as is practicable.

 

16        Multiple Sport Classes

 

16.1        This Article applies to Athletes who are potentially eligible to be allocated more than one Sport Class.

 

Multiple Eligible Impairments

 

16.2        An Athlete who has a Physical and Vision Impairment, a Physical and Intellectual Impairment, or a Vision and Intellectual Impairment may be eligible to be allocated more than one Sport Class in relation to those Eligible Impairments. In such instances:

 

16.2.1     the Athlete’s National Body or National Paralympic Committee must notify World Para Swimming as to the Athlete’s Eligible Impairments and the Athlete’s eligibility to be allocated more than one Sport Class in respect of those Impairment types, and provide all necessary medical diagnostic information as required;

 

16.2.2   The Athlete must be offered the opportunity to participate in an Evaluation Session in respect of each Sport Class relevant to his or her multiple Impairments, either at the relevant Competition or the subsequent Competition;

 

16.2.3   At the conclusion of the Evaluation Sessions referred to in Article 16.2.2 the Athlete must choose the Sport Class that he or she wishes to compete in (‘the preferred Sport Class’). If the allocation of any Sport Class is subject to Observation in Competition the Athlete must select the preferred Sport Class before making any First Appearance; and

 

16.2.4   The Athlete will be permitted to compete in the preferred Sport Class and details of the Athlete’s preferred Sport Class will be published.

 

Changing Sport Class

 

16.3        An Athlete who has a Physical and Vision Impairment, a Physical and Intellectual Impairment, or a Vision and Intellectual Impairment may request to change his or her preferred Sport Class:

 

a)            At the end of the season when the Athlete’s first Evaluation Session was completed; or

b)            After the close of the Paralympic Summer or Winter Games (whichever is applicable), and before the start of the next season thereafter.

 

16.4        A request to change a preferred Sport Class must be made to World Para Swimming by the Athlete’s National Body or National Paralympic Committee. The application must be submitted to World Para Swimming in accordance with the time frame identified under Article 16.5.

 

16.5        If the change request is accepted, World Para Swimming will amend the Classification Master List in accordance with the Sport Class and Sport Class Status designated to the Athlete in the initial assessment.

 

16.6        Nothing in this Article 16 precludes an Athlete from making a Medical Review Request at any time in respect of anySport Class.

 

17        Notification

 

17.1        The outcome of Athlete Evaluation must be notified to the Athlete and/or National Body or National Paralympic Committee and published as soon as practically possible after completion of Athlete Evaluation.

 

17.2        World Para Swimming must publish the outcome of Athlete Evaluation at the Competition following Athlete Evaluation, and the outcomes must be made available post Competition via the Classification Master List at World Para Swimming website.

 

Part Five: Sport Class Not Eligible

 

18        Sport Class Not Eligible

 

General Provisions

 

18.1        If World Para Swimming determines that an Athlete:

 

18.1.1   has an Impairment that is not an Eligible Impairment; or

 

18.1.2   does not have an Underlying Health Condition,

 

World Para Swimming must allocate that Athlete Sport Class Not Eligible (NE).

 

18.2        If a Classification Panel determines that an Athlete who has an Eligible Impairment does not comply with Minimum Impairment Criteria for a sport that Athlete must be allocated Sport Class Not Eligible (NE) for that sport.

 

Absence of Eligible Impairment

 

18.3        If World Para Swimming determines that an Athlete does not have an Eligible Impairment, that Athlete:

 

18.3.1   will not be permitted to attend an Evaluation Session; and

 

18.3.2   will be allocated with Sport Class Not Eligible (NE) and designated with Sport Class Status Confirmed (C) by World Para Swimming.

 

18.4        If another International Sport Federation has allocated an Athlete with Sport Class Not Eligible (NE) because the Athlete does not have an Eligible Impairment World Para Swimming may likewise do so without the need for the process detailed in Article 7 of these Classification Rules.

 

18.5        An Athlete who is allocated Sport Class Not Eligible (NE) by World Para Swimming or a Classification Panel (if delegated by World Para Swimming) because that Athlete has

 

18.5.1   An Impairment that is not an Eligible Impairment; or

 

18.5.2   A Health Condition that is not an Underlying Health Condition;

 

Has no right to request such determination be reviewed by a second Classification Panel and will not be permitted to participate in any sport.

 

Absence of Compliance with Minimum Impairment Criteria

 

18.6        A second Classification Panel must review by way of a second Evaluation Session any Athlete who is allocated Sport Class Not Eligible (NE) on the basis that a Classification Panel determines that the Athlete does not comply with Minimum Impairment Criteria. This must take place as soon as is practicable.

 

18.6.1     Pending the second Evaluation Session the Athlete will be allocated Sport Class Not Eligible (NE) and designated Sport Class Status Review (R). The Athlete will not be permitted to compete before such re-assessment.

 

18.6.2   If the second Classification Panel determines the Athlete does not comply with Minimum Impairment Criteria (or if the Athlete declines to participate in a second Evaluation Session at the time set by the Chief Classifier); Sport Class Not Eligible (NE) will be allocated and the Athlete designated with Sport Class Status Confirmed (C).

 

18.7        If an Athlete makes (or is subject to) a Protest on a previously allocated Sport Class other than Not Eligible (NE) and is allocated Sport Class Not Eligible (NE) by a Protest Panel, the Athlete must be provided with a further and final Evaluation Session which will review the decision to allocate Sport Class Not Eligible (NE) made by the Protest Panel.

 

18.8        If a Classification Panel allocates Sport Class Not Eligible (NE) on the basis that it has determined that an Athlete does not comply with Minimum Impairment Criteria for a sport the Athlete may be eligible to compete in another sport, subject to Athlete Evaluation for that sport.

 

18.9        If an Athlete is allocated Sport Class Not Eligible (NE), this does not question the presence of a genuine Impairment. It is only a ruling on the eligibility of the Athlete to compete in the sport of World Para Swimming.

 

Part Six: Protests

 

Protests

 

19        Scope of a Protest

 

19.1        A Protest may only be made in respect of an Athlete’s Sport Class. A Protest may not be made in respect of an Athlete’s Sport Class Status.

 

19.2        A Protest may not be made in respect of an Athlete who has been allocated Sport Class Not Eligible (NE).

 

20        Parties Permitted to Make a Protest

 

A Protest may only be made by one of the following bodies:

 

20.1        A National Body (see Articles 21-22); or

 

20.2        A National Paralympic Committee (see Articles 21-22); or

 

20.3        World Para Swimming (see Articles 23-24).

 

21        National Protests

 

21.1        A National Body or a National Paralympic Committee may only make a Protest in respect of an Athlete under its jurisdiction at a Competition or venue set aside for Athlete Evaluation.

 

21.2        If the outcome of Athlete Evaluation is published during a Competition (pursuant to Article 17 of these Classification Rules) a National Protest must be submitted within one (1) hour of that outcome being published. If the outcome of Athlete Evaluation is published following Observation in Competition a National Protest must be submitted within fifteen (15) minutes of that outcome being published.

 

21.3        If an Athlete is required by a Classification Panel to undergo Observation in Competition Assessment, a National Body or a National Paralympic Committee may make a Protest before or after First Appearance takes place. If a Protest is made before First Appearance takes place the Athlete must not be permitted to compete until the Protest has been resolved.

 

22        National Protest Procedure

 

22.1        To submit a National Protest, a National Body or a National Paralympic Committee must show that the Protest is bona fide with supporting evidence and complete a Protest Form, that must be made available by World Para Swimming at the Competition and via World Para Swimming website, and must include the following:

 

22.1.1     The name and SDMS ID of the Protested Athlete;

 

22.1.2   The details of the Protested Decision and/or a copy of the Protested Decision;

 

22.1.3   An explanation as to why the Protest has been made and the basis on which the National Body or National Paralympic Committee believes that the Protested Decision is flawed;

 

22.1.4   Reference to the specific rule(s) alleged to have been breached; and

 

22.1.5       The Protest Fee 150€ by World Para Swimming.

 

22.2        The Protest Documents must be submitted to the Chief Classifier of the relevant Competition within the timeframes specified by World Para Swimming. Upon receipt of the Protest Documents the Chief Classifier must conduct a review of the Protest, in consultation with World Para Swimming, of which there are two possible outcomes:

 

22.2.1   The Chief Classifier may dismiss the Protest if, in the discretion of the Chief Classifier, the Protest does not comply with the Protest requirements in this Article 22; or

 

22.2.2   The Chief Classifier may accept the Protest if, in the discretion of the Chief Classifier, the Protest complies with the Protest requirements in this Article 22.

 

22.3        If the Protest is dismissed the Chief Classifier must notify all relevant parties and provide a written explanation to the National Body or National Paralympic Committee as soon as practicable. The Protest Fee will be forfeited.

 

22.4        If the Protest is accepted:

 

22.4.1   The Protested Athlete’s Sport Class must remain unchanged pending the outcome of the Protest but the Protested Athlete’s Sport Class Status must immediately be changed to Review (R) unless the Protested Athlete’s Sport Class Status is already Review (R);

 

22.4.2     The Chief Classifier must appoint a Protest Panel to conduct a new Evaluation Session as soon as possible, which must be either at the Competition the Protest was made or at the next Competition); and

 

22.4.3     World Para Swimming must notify all relevant parties of the time and date the new Evaluation Session is to be conducted by the Protest Panel.

 

23        World Para Swimming Protests

 

23.1        World Para Swimming may, in its discretion, make a Protest at any time in respect of an Athlete under its jurisdiction if:

 

23.1.1     It considers an Athlete may have been allocated an incorrect Sport Class; or

 

23.1.2     A National Body or National Paralympic Committee makes a documented request to World Para Swimming. The assessment of the validity of the request is at the sole discretion of World Para Swimming

 

24        World Para Swimming Protest Procedure

 

24.1        If World Para Swimming decides to make a Protest, World Para Swimming must advise the relevant National Body or National Paralympic Committee of the Protest at the earliest possible opportunity.

 

24.2        The Head of Classification must provide the relevant National Body or National Paralympic Committee with a written explanation as to why the Protest has been made and the basis on which the Head of Classification considers it is justified.

 

24.3        If World Para Swimming makes a Protest:

 

24.3.1   The Protested Athlete’s Sport Class must remain unchanged pending the outcome of the Protest;

 

24.3.2   The Protested Athlete’s Sport Class Status must immediately be changed to Review (R) unless the Protested Athlete’s Sport Class Status is already Review (R); and

 

24.3.3   A Protest Panel must be appointed to resolve the Protest as soon as is reasonably possible.

 

25        Protest Panel

 

25.1        A Chief Classifier may fulfil one or more of the Head of Classification’s obligations in this Article 25 if authorised to do so by the Head of Classification.

 

25.2        A Protest Panel must be appointed by the Head of Classification in a manner consistent with the provisions for appointing a Classification Panel in these Classification Rules.

 

25.3        A Protest Panel must not include any person who was a member of the Classification Panel that:

 

25.3.1     Made the Protested Decision; or

 

25.3.2     Conducted any component of Athlete Evaluation in respect of the Protested Athlete within a period of 12 months prior to the date of the Protested Decision, unless otherwise agreed by the National Body or National Paralympic Committee (whichever is relevant) and World Para Swimming.

 

25.4        The Head of Classification must notify all relevant parties of the time and date for the Evaluation Session that must be conducted by the Protest Panel.

 

25.5        The Protest Panel must conduct the new Evaluation Session in accordance with these Classification Rules. The Protest Panel may refer to the Protest Documents when conducting the new Evaluation Session.

 

25.6        The Protest Panel must allocate a Sport Class and designate a Sport Class Status. All relevant parties must be notified of the Protest Panel’s decision in a manner consistent with the provisions for notification in these Classification Rules.

 

25.7        The decision of a Protest Panel in relation to both a National Protest and an World Para Swimming Protest is final. A National Body, National Paralympic Committee or World Para Swimming may not make another Protest at the relevant Competition.

 

26        Provisions Where No Protest Panel is Available

 

26.1        If a Protest is made at a Competition but there is no opportunity for the Protest to be resolved at that Competition:

 

26.1.1     The Protested Athlete must be permitted to compete in the Sport Class that is the subject of the Protest with Sport Class Status Review (R), pending the resolution of the Protest; and.

 

26.1.2   All reasonable steps must be taken to ensure that the Protest is resolved at the earliest opportunity.

 

27        Special Provisions

 

27.1        World Para Swimming may make arrangements (subject to the approval of the IPC) for some or all of the components of Athlete Evaluation to be carried out at a place and at a time away from a Competition. If so, World Para Swimming must also implement Protest provisions to enable Protests to take place in respect of any Evaluation Sessions carried out away from a Competition.

 

Application during Major Competitions

 

28        Ad Hoc Provisions Relating to Protests

 

28.1        The IPC and/or World Para Swimming may issue special ad hoc provisions to operate during the Paralympic Games or other Competitions.

 

Part Seven: Misconduct during Evaluation Session

 

29        Failure to Attend Evaluation Session

 

29.1        An Athlete is personally responsible for attending an Evaluation Session.

 

29.2        An Athlete’s National Body or National Paralympic Committee must take reasonable steps to ensure that the Athlete attends an Evaluation Session.

 

29.3        If an Athlete fails to attend an Evaluation Session, the Classification Panel will report the failure to the Chief Classifier. The Chief Classifier may, if satisfied that a reasonable explanation exists for the failure to attend and subject to the practicalities at a Competition, specify a revised date and time for the Athlete to attend a further Evaluation Session before the Classification Panel.

 

29.4        If the Athlete is unable to provide a reasonable explanation for non-attendance, or if the Athlete fails to attend an Evaluation Session on a second occasion, no Sport Class will be allocated and the Athlete will not be permitted to compete at the relevant Competition.

 

30        Suspension of Evaluation Session

 

30.1        A Classification Panel, in consultation with the Chief Classifier, may suspend an Evaluation Session if it cannot allocate a Sport Class to the Athlete, including but not limited to, in one or more of the following circumstances:

 

30.1.1     A failure on the part of the Athlete to comply with any part of these Classification Rules;

 

30.1.2     A failure on the part of the Athlete to provide any medical information that is reasonably required by the Classification Panel;

 

30.1.3     The Classification Panel believes that the use (or non-use) of any medication and/or medical procedures/device/implant disclosed by the Athlete will affect the ability to conduct its determination in a fair manner;

 

30.1.4     The Athlete has a Health Condition that may limit or prohibit complying with requests by the Classification Panel during an Evaluation Session, which the Classification Panel considers will affect its ability to conduct the Evaluation Session in a fair manner;

 

30.1.5     The Athlete is unable to communicate effectively with the Classification Panel;

 

30.1.6     The Athlete refuses or is unable to comply with any reasonable instructions given by any Classification Personnel to such an extent that the Evaluation Session cannot be conducted in a fair manner; and/or

 

30.1.7     The Athlete’s representation of his or her abilities is inconsistent with any information available to the Classification Panel to such an extent that the Evaluation Session cannot be conducted in a fair manner.

 

30.2        If an Evaluation Session is suspended by a Classification Panel, the following steps must be taken:

 

30.2.1     An explanation for the suspension and details of the remedial action that is required on the part of the Athlete will be provided to the Athlete and/or the relevant National Body or National Paralympic Committee;

 

30.2.2     If the Athlete takes the remedial action to the satisfaction of the Chief Classifier or Head of Classification, the Evaluation Session will be resumed; and

 

30.2.3     If the Athlete fails to comply and does not take the remedial action within the timeframe specified, the Evaluation Session will be terminated, and the Athlete must be precluded from competing at any Competition until the determination is completed.

 

30.3        If an Evaluation Session is suspended by a Classification Panel, the Classification Panel may designate the Athlete as Classification Not Completed (CNC) in accordance with Article 10 of these Classification Rules.

 

30.4        A Suspension of an Evaluation Session may be subject to further investigation into any possible Intentional Misrepresentation.

 

Part Eight: Medical Review

 

31        Medical Review

 

31.1        This Article applies to any Athlete who has been allocated a Sport Class with Sport Class Status Confirmed (C) or Review with Fixed Review Date (FRD).

 

31.2        A Medical Review Request must be made if a change in the nature or degree of an Athlete’s Impairment changes the Athlete’s ability to execute the specific tasks and activities required by a sport in a manner that is clearly distinguishable from changes attributable to levels of training, fitness and proficiency.

 

31.3        A Medical Review Request must be made by the Athlete’s National Body or National Paralympic Committee (together with a €100 non-refundable fee and any supporting documentation). The Medical Review Request must explain how and to what extent the Athlete’s Impairment has changed and why it is believed that the Athlete’s ability to execute the specific tasks and activities required by a sport has changed.

 

31.4        A Medical Review Request must be received by World Para Swimming as soon as reasonably practicable.

 

31.5        The review panel must decide whether or not the Medical Review Request is upheld as soon as is practicable following receipt of the Medical Review Request.

 

31.6        Any Athlete or Athlete Support Personnel who becomes aware of such changes outlined in Article 31.2 but fails to draw those to the attention of their National Body, National Paralympic Committee or World Para Swimming may be investigated in respect of possible Intentional Misrepresentation.

 

31.7        If a Medical Review Request is accepted, the Athlete’s Sport Class Status will be changed to Review (R) with immediate effect.

 

31.8        If a Medical Review Request does not include sufficient evidence to explain how and to what extent the Athlete’s Impairment has changed and why it is believed that the Athlete’s ability to execute the specific tasks and activities required by a sport has changed, the Medical Review will not be accepted and the Athlete’s Sport Class Status will not be changed.

 

Part Nine: Intentional Misrepresentation

 

32        Intentional Misrepresentation

 

32.1        It is a disciplinary offence for an Athlete to intentionally misrepresent (either by act or omission) his or her skills and/or abilities and/or the degree or nature of Eligible Impairment during Athlete Evaluation and/or at any other point after the allocation of a Sport Class. This disciplinary offence is referred to as ‘Intentional Misrepresentation’.

 

32.2        It will be a disciplinary offence for any Athlete or Athlete Support Personnel to assist an Athlete in committing Intentional Misrepresentation or to be in any other way involved in any other type of complicity involving Intentional Misrepresentation, including but not limited to covering up Intentional Misrepresentation or disrupting any part of the Athlete Evaluation process.

 

32.3        In respect of any allegation relating to Intentional Misrepresentation a hearing will be convened by World Para Swimming to determine whether the Athlete or Athlete Support Personnel has committed Intentional Misrepresentation.

 

32.4        The consequences to be applied to an Athlete or Athlete Support Personnel who is found to have been guilty of Intentional Misrepresentation and/or complicity involving Intentional Misrepresentation will be one or more of the following:

 

32.4.1     Bisqualification from all events at the Competition at which the Intentional Misrepresentation occurred, and any subsequent Competitions at which the Athlete competed;

 

32.4.2     Being allocated with Sport Class Not Eligible (NE) and designated a Review with Fixed Review Date (FRD) Sport Class Status for a specified period of time ranging from 1 to 4 years;

 

32.4.3     Suspension from participation in Competitions in all sport for a specified period of time ranging from 1 to 4 years; and

 

32.4.4     Publication of their names and suspension period.

 

32.5        Any Athlete who is found to have been guilty of Intentional Misrepresentation and/or complicity involving Intentional Misrepresentation on more than one occasion will be allocated Sport Class Not Eligible with Fixed Review Date Status for a period of time from four years to life.

 

32.6        Any Athlete Support Personnel who is found to have been guilty of Intentional Misrepresentation and/or complicity involving Intentional Misrepresentation on more than one occasion will be suspended from participation in any Competition for a period of time from four years to life.

 

32.7        If another International Sports Federation brings disciplinary proceedings against an Athlete or Athlete Support Personnel in respect of Intentional Misrepresentation which results in consequences being imposed on that Athlete or Athlete Support Personnel, those consequences will be recognised, respected and enforced by World Para Swimming.

 

32.8        Any consequences to be applied to teams, which include an Athlete or Athlete Support Personnel who is found to have been guilty of Intentional Misrepresentation and/or complicity involving Intentional Misrepresentation, will be at the discretion of World Para Swimming.

 

32.9        Any disciplinary action taken by World Para Swimming pursuant these Classification Rules must be resolved in accordance with the applicable Board of Appeal of Classification Bylaws.

 

Part Ten: Use of Athlete Information

33        Classification Data

 

33.1        World Para Swimming may only Process Classification Data if such Classification Data is considered necessary to conduct Classification.

 

33.2        All Classification Data Processed by World Para Swimming must be accurate, complete and kept up-to-date.

 

34        Consent and Processing

 

34.1        Subject to Article 34.3, World Para Swimming may only Process Classification Data with the consent of the Athlete to whom that Classification Data relates.

 

34.2        If an Athlete cannot provide consent (for example because the Athlete is under age) the legal representative, guardian or other designated representative of that Athlete must give consent on their behalf.

 

34.3        World Para Swimming may only Process Classification Data without consent of the relevant Athlete if permitted to do so in accordance with National Laws.

 

35        Classification Research

 

35.1        World Para Swimming may request that an Athlete provide it with Personal Information for Research Purposes.

 

35.2        The use by World Para Swimming of Personal Information for Research Purposes must be consistent with these Classification Rules and all applicable ethical use requirements.

 

35.3        Personal Information that has been provided by an Athlete to World Para Swimming solely and exclusively for Research Purposes must not be used for any other purpose.

 

35.4        World Para Swimming may only use Classification Data for Research Purposes with the express consent of the relevant Athlete. If World

Para Swimming wishes to publish any Personal Information provided by an Athlete for Research Purposes, it must obtain consent to do so from that Athlete prior to any publication. This restriction does not apply if the publication is anonymised so that it does not identify any Athlete(s) who consented to the use of their Personal Information.

 

36        Notification to Athletes

 

36.1        World Para Swimming must notify an Athlete who provides Classification Data as to:

 

36.1.1     That fact that World Para Swimming is collecting the Classification Data; and

 

36.1.2     The purpose for the collection of the Classification Data; and

 

36.1.3     The duration that the Classification Data will be retained.

 

37        Classification Data Security

 

37.1        World Para Swimming must:

 

37.1.1     Protect Classification Data by applying appropriate security safeguards, including physical, organisational, technical and other measures to prevent the loss, theft or unauthorised access, destruction, use, modification or disclosure of Classification Data; and

 

37.1.2     Take reasonable steps to ensure that any other party provided with Classification Data uses that Classification Data in a manner consistent with these Classification Rules.

 

38        Disclosures of Classification Data

 

38.1        World Para Swimming must not disclose Classification Data to other Classification Organisations except where such disclosure is related to Classification conducted by another Classification Organisation and/or the disclosure is consistent with applicable National Laws.

 

38.2        World Para Swimming may disclose Classification Data to other parties only if such disclosure is in accordance with these Classification Rules and permitted by National Laws.

 

39        Retaining Classification Data

 

39.1        World Para Swimming must ensure that Classification Data is only retained for as long as it is needed for the purpose it was collected. If Classification Data is no longer necessary for Classification purposes, it must be deleted, destroyed or permanently anonymised.

 

39.2           World Para Swimming must publish guidelines regarding retention times in relation to Classification Data.

 

39.3        World Para Swimming must implement policies and procedures that ensure that Classifiers and Classification Personnel retain Classification Data for only as long as is necessary in order for them to carry out their Classification duties in relation to an Athlete.

 

40        Access Rights to Classification Data

 

40.1        Athletes may request from World Para Swimming:

 

40.1.1     Confirmation of whether or not that World Para Swimming Processes Classification Data relating to them personally and a description of the Classification Data that is held;

 

40.1.2     A copy of the Classification Data held by World Para Swimming; and/or

 

40.1.3     Correction or deletion of the Classification Data held by World Para Swimming.

 

40.2        A request may be made by an Athlete or a National Body or a National Paralympic Committee on an Athlete’s behalf and must be complied with within a reasonable period of time.

 

41        Classification Master Lists

 

41.1        World Para Swimming must maintain a Classification Master List of Athletes, which must include the Athlete’s name, gender, year of birth, country, Sport Class and Sport Class Status. The Classification Master List must identify Athletes that enter International Competitions

 

41.2        World Para Swimming must make available the Classification Master List to all relevant National Bodies on the World Para Swimming website.

 

Part Eleven: Appeals

 

42        Appeal

 

42.1        An Appeal is the process by which a formal objection to how Athlete Evaluation and/or Classification procedures have been conducted is submitted and subsequently resolved.

 

43        Parties Permitted to Make an Appeal

 

43.1        An Appeal may only be made by one of the following bodies:

 

43.1.1     A National Body; or

 

43.1.2     A National Paralympic Committee.

 

44        Appeals

 

44.1        If a National Body or National Paralympic Committee considers there have been procedural errors made in respect of the allocation of a Sport Class and/or Sport Class Status and as a consequence an Athlete has been allocated an incorrect Sport Class or Sport Class Status, it may submit an Appeal.

 

44.2        The Board of Appeal of Classification (BAC) will act as the hearing body for the resolution of Appeals.

 

44.3        An Appeal must be made and resolved in accordance with the applicable BAC Bylaws.

 

45        Ad Hoc Provisions Relating to Appeals

 

45.1        The IPC and/or World Para Swimming may issue special ad hoc provisions to operate during the Paralympic Games or other Competitions.

 

Part Twelve: Glossary

 

Adaptive Equipment: Implements and apparatus adapted to the special needs of Athletes, and used by Athletes during Competition to facilitate participation and/or to achieve results.

 

Appeals: The means by which a complaint that World Para Swimming has made an unfair decision during the Classification process is resolved.

 

Athlete: For purposes of Classification, any person who participates in sport at the international level (as defined by World Para Swimming) or national level (as defined by each National Federation) and any additional person who participates in sport at a lower level if designated by the person's National Federation.

 

Athlete Evaluation: The process by which an Athlete is assessed in accordance with these Classification Rules in order that an Athlete may be allocated a Sport Class and Sport Class Status.

 

Athlete Support Personnel: Any coach, trainer, manager, interpreter, agent, team staff, official, medical or para-medical personnel working with or treating Athletes participating in or preparing for training and/or Competition.

 

BAC: The IPC Board of Appeal of Classification.

 

Chief Classifier: A classifier appointed by World Para Swimming to direct, administer, co- ordinate and implement Classification matters for a specific Competition according to these Classification Rules.

 

Classification: Grouping Athletes into Sport Classes according to how much their Impairment affects fundamental activities in each specific sport or discipline. This is also referred to as Athlete Classification.

 

Classification Data: Personal Information and/or sensitive Personal Information provided by an Athlete and/or a National Body and/or any other person to a Classification Organisation in connection with Classification.

 

Classification Intelligence: Information obtained and used by an International Sport Federation in relation to Classification.

 

Classification Master List: A list made available by the World Para Swimming that identifies Athletes who have been allocated a Sport Class and designated a Sport Class Status.

 

Classification Not Completed: the designation applied to an Athlete who has commenced but not completed Athlete Evaluation to the satisfaction of Para Sport.

 

Classification Organisation: Any organisation that conducts the process of Athlete Evaluation and allocates Sport Classes and/or holds Classification Data.

 

Classification Panel: A group of Classifiers, appointed by World Para Swimming, to determine Sport Class and Sport Class Status in accordance with these Classification Rules.

 

Classification Personnel: Persons, including Classifiers, acting with the authority of a Classification Organisation in relation to Athlete Evaluation, for example administrative officers.

 

Classification Rules: Also referred to as Classification Rules and Regulations. The policies, procedures, protocols and descriptions adopted by World Para Swimming in connection with Athlete Evaluation.

 

Classification System: The framework used by World Para Swimming to develop and designate Sport Classes within a Para sport.

 

Classifier: A person authorised as an official by World Para Swimming to evaluate Athletes as a member of a Classification Panel.

 

Classifier Certification: The processes by which World Para Swimming must assess that a Classifier has met the specific Classifier Competencies required to obtain and maintain certification or licensure.

 

Classifier Competencies: The qualifications and abilities that World Para Swimming deems necessary for a Classifier to be competent to conduct Athlete Evaluation for sport(s) governed by World Para Swimming.

 

Classifier Code of Conduct: The behavioural and ethical standards for Classifiers specified by World Para Swimming.

 

Code: The Athlete Classification Code 2015 together with the International Standards for: Athlete Evaluation; Eligible Impairments; Protests and Appeals; Classifier Personnel and Training; and Classification Data Protection.

 

Competition: A series of individual events conducted together under one ruling body.

 

Compliance: The implementation of rules, regulations, policies and processes that adhere to the text, spirit and intent of the Code as defined by the IPC. Where terms such as (but not limited to) 'comply', 'conform' and 'in accordance' are used in the Code they shall have the same meaning as 'Compliance.'

 

Continuing Education: The delivery of higher knowledge and practical skills specified by World Para Swimming to preserve and/or advance knowledge and skills as a Classifier in the sport(s) under its governance.

 

Diagnostic Information: Medical records and/or any other documentation that enables World Para Swimming to assess the existence or otherwise of an Eligible Impairment or Underlying Health Condition

 

Eligible Impairment: An Impairment designated as being a prerequisite for competing in Para sport, as detailed in these Classification Rules.

 

Eligibility Assessment Committee: An ad hoc body formed to assess the existence or otherwise of an Eligible Impairment.

 

Entry Criteria: Standards set by World Para Swimming relating to the expertise or experience levels of persons who wish to be Classifiers. This may be, for example, former Athletes or coaches, sports scientists, physical educators and medical professionals, all of whom have the qualifications and abilities relevant to conduct all, or specific parts of, Athlete Evaluation.

 

Entry-level Education: the basic knowledge and practical skills specified by World Para Swimming to begin as a Classifier in the sport(s) under its governance.

 

Evaluation Session: the session an Athlete is required to attend for a Classification Panel to assess that Athlete’s compliance with the Minimum Impairment Criteria for a sport; and allocation of a Sport Class and Sport Class Status depending on the extent to which that Athlete is able to execute the specific tasks and activities fundamental to that sport. An Evaluation Session may include Observation in Competition.

 

Event: A single race, match, game or singular sport contest.

 

First Appearance: The first time an Athlete competes in an Event during a Competition in a particular Sport Class.

 

Fixed Review Date: A date set by a Classification Panel prior to which an Athlete designated with a Sport Class Status Review with a Fixed Review Date will not be required to attend an Evaluation Session save pursuant to a Medical Review Request and/or Protest.

 

Head of Classification: A person appointed by World Para Swimming to direct, administer, co-ordinate and implement Classification matters for World Para Swimming.

 

Health Condition: A pathology, acute or chronic disease, disorder, injury or trauma. Impairment: A Physical, Vision or Intellectual Impairment.

 

Intellectual Impairment: A limitation in intellectual functioning and adaptive behaviour as expressed in conceptual, social and practical adaptive skills that originates before the age of eighteen (18).

 

Intentional Misrepresentation: A deliberate attempt (either by fact or omission) to mislead an International Sport Federation or National Body as to the existence or extent of skills and/or abilities relevant to a Para sport and/or the degree or nature of Eligible Impairment during Athlete Evaluation and/or at any other point after the allocation of a Sport Class.

 

International Competitions: A Competition where the IPC, an International Sport Federation or a Major Competition Organisation is the governing body for the Competition and/or appoints the technical officials for the Competition.

 

International Sport Federation: A sport federation recognised by the IPC as the sole world- wide representative of a sport for Athletes with an Impairment that has been granted the status as a Para sport by the IPC. The IPC and the International Organisations of Sports for the Disabled act as an International Sport Federation for certain sports.

 

International Standards: A document complementing the Code and providing additional technical and operational requirements for Classification.

 

IPC: International Paralympic Committee.

 

Maintaining Certification: The advanced training, education and practice necessary for continued competency as a Classifier.

 

Major Competition Organiser: An organisation that functions as the ruling body for an International Competition.

 

Medical Diagnostics Form: a form that a National Body or National Paralympic Committee must submit in order for an Athlete to undergo Athlete Evaluation, identifying the Athlete’s Health Condition if so required.

 

Medical Review: The process by which World Para Swimming identifies if a change in the nature or degree of an Athlete’s Impairment means that some or all of the components of Athlete Evaluation are required to be undertaken in order to ensure that any Sport Class allocated to that Athlete is correct.

 

Medical Review Request: A request made by a National Body or National Paralympic Committee for Medical Review, made on behalf of an Athlete.

 

Models of Best Practice: An ad hoc guidance document prepared by the IPC to assist in the implementation of the Code and International Standards.

 

National Body: Refers to the national member of an International Sport Federation.

 

National Laws: The national data protection and privacy laws, regulations and policies applicable to a Classification Organisation.

 

National Paralympic Committees: The national member of the IPC who is the sole representative of Athletes with an Impairment in that country or territory. These are the national members of the IPC.

 

National Protest: A Protest made by a National Body or a National Paralympic Committee in respect of an Athlete under its jurisdiction.

 

Non-Competition Venue: Any place or location (outside of a Competition) designated by World Para Swimming as being a place or location where Athlete Evaluation is made available to Athletes in order that they may be allocated a Sport Class and designated with a Sport Class Status.

 

Observation in Competition: The observation of an Athlete in a Competition by a Classification Panel so that the Classification Panel can complete its determination as to the extent to which an Eligible Impairment affects that Athlete’s ability to execute the specific tasks and activities fundamental to the sport.

 

Paralympic Games: Umbrella term for both Paralympic Games and Paralympic Winter Games.

 

Permanent: The term Permanent as used in the Code and Standards describes an Impairment that is unlikely to be resolved meaning the principle effects are lifelong.

 

Personal Information: Any information that refers to, or relates directly to, an Athlete.

 

Physical Impairment: an Impairment that affects an Athlete’s biomechanical execution of sporting activities, comprising Ataxia, Athetosis, Hypertonia, Impaired Muscle Power, Impaired Passive Range of Movement, Limb Deficiency, Leg Length Difference and Short Stature.

 

Process/Processing: The collection, recording, storage, use or disclosure of Personal Information and/or sensitive Personal Information.

 

Protested Athlete: An Athlete whose Sport Class is being challenged. Protested Decision: The Sport Class decision being challenged.

 

Protest Documents: The information provided in the Protest Form together with the Protest Fee.

 

Protest Fee: The fee prescribed by World Para Swimming, payable by the National Body or National Paralympic Committee when submitting a Protest.

 

Protest Form: The form on which a National Protest must be submitted.

 

Protest: The procedure by which a reasoned objection to an Athlete’s Sport Class is submitted and subsequently resolved.

 

Protest Panel: A Classification Panel appointed by the Chief Classifier to conduct an Evaluation Session as a result of a Protest

 

Re-certification: The process by which World Para Swimming must assess that a Classifier has maintained specific Classifier Competencies.

 

Recognised Competition: a Competition that is sanctioned or approved by World Para Swimming.

 

Research Purposes: Research into matters pertaining to the development of sports within the Paralympic Movement, including the impact of Impairment on the fundamental activities in each specific sport and the impact of assistive technology on such activities.

 

Signatories: Any organisation that accepts the Code and commits to implement it and the International Standards by way of its Classification Rules.

 

Sport Class: A category for Competition defined by World Para Swimming by reference to the extent to which an Athlete can perform the specific tasks and activities required by a sport.

 

Sport Class Status: A designation applied to a Sport Class to indicate the extent to which an Athlete may be required to undertake Athlete Evaluation and/or be subject to a Protest. Team Sport: a sport in which substitution of players is permitted during a Competition.

 

Tracking Code Observation Assessment (OA): a designation given to an Athlete that replaces the Athlete’s Sport Class Status until Observation in Competition has been completed.

 

Underlying Health Condition: a Health Condition that may lead to an Eligible Impairment.

 

Vision Impairment: an Impairment of the eye structure, optical nerves or optical pathways, or visual cortex of the central brain that adversely affects an Athlete’s vision.