Article I

Statement of Purpose

Section 1.1 Name.  The name of the organization shall be the World Drug Free Powerlifting Federation, hereinafter referred to as the Federation or as the W.D.F.P.F.

Section 1.2   Official Emblem and Seal.  The WDFPF’s Official Emblem and Seal shall have inscribed thereon the name of the Federation and shall be in such form as may be approved from time to time by the Executive Committee.

Section 1.3   Purpose.  The WDFPF is organized and is being operated exclusively to foster international amateur drug free powerlifting competition.  No part of the Federation’s activity shall involve the provision of athletic facilities or equipment.  As part of its purpose of fostering international amateur drug free powerlifting, the Federation shall have authority to develop, promote, and regulate the sport, certify international drug free amateur powerlifting teams and clubs, organize officials, present seminars in instruction for powerlifters and officials, sanction international drug free powerlifting meets, maintain world records, publish a newsletter and otherwise encourage the growth of the sport.

Anything to the contrary not withstanding, the Federation shall not have any authority to perform any function not allowed organizations organized and operated to foster world amateur sports competitions as defined by international law. 

Article II

Membership

Section 2.1   Membership in the Federation.  The membership of the Federation consists of two divisions:

A.    Group, which consists of National Associations who have made application with the WDFPF, have at least four members, have paid the membership fee of one hundred dollars ($100.00 U.S.) plus one dollar ($1.00) per registered national member, and have been voted to be accepted by existing member nations.

B.       National Association.  National Associations members are and shall be the recognized powerlifting committee of the International Associations of the WDFPF.  Membership in the powerlifting committees of the member nations shall be open to all having an active interest in the sport of drug-free powerlifting and meet the requirements established by the home nation.

1.        A Bona fide Nation must register with the WDFPF and pay the required annual registration fee.

2.        The National Association powerlifting committee shall consist of three voting representatives and represent at least four registered membership.

3.        The National Association shall be represented by an International Liaison and two other representatives from that member nation.

4.        A Bona fide Nation shall adhere to the philosophy and concept of drug-free powerlifting as established in this constitution.

C.       Individual, consists of athletes eligible for participation as defined by the member nation or within this constitution, along with other individuals, such as referees and officials, having an active interest in the sport of drug-free powerlifting.

Section 2.2 Memberships in the WDFPF.  The voting membership of the World Committee for the Federation shall consist of the Executive Committee (the Board of Directors) along with one International Liaison and two representatives from each member nation.

Section 2.3   Eligibility for Membership.  Eligibility for membership in the WDFPF shall be as set forth herein and as specified by the World Committee from time to time.

Section 2.4   Application.   Any nation desiring to become a member of the WDFPF shall make application to the Secretary General of the Federation.  Such application shall be in a form prescribed by the World Committee, in such detail as the World Committee may reasonably require, and shall provide evidence of the eligibility of the applying nation for membership.  The World Committee, at its discretion, may delegate to any person or organization the actual tasks of verifying authenticity of said application.

Section 2.4   Dues.  Each member nation shall pay dues to the WDFPF each year in an amount, if any, determined by the World Committee.  The amount may vary from year to year.

Article III

World Committee of the WDFPF 

Section 3.1   Purpose.  The business of the WDFPF shall be conducted by the World Committee or between regular meetings of the World Committee, by the Executive Committee, or by designated subcommittees.

Section 3.2  Responsibilities – World Committee.     

A.      Has jurisdiction over the International and World championships in the sport of drug-free powerlifting and shall institute, locate and supervise all such championships.

B.       May award championship events for not only the year selected, but for up to, not to exceed four years, provided the World Committee approves it.  If any championships are awarded at an Executive Committee meeting other than at the annual meeting of the Federation (the Congress), and less than two-thirds (2/3) of the total committee is present and in agreement, then a postal (mail) vote must be taken of the absent members before any championship awards become final.

C.       May reject any entries for competition at any international or world championship, or may delegate this power to its subcommittee.

D.      Has power to appoint subcommittees (whose members need not be members of the World Committee) to manage but not conduct, the various championships.

E.       Approves the officials for international or world meetings and championships involving drug free powerlifting.

F.       Has the responsibility to ensure that all drug-free powerlifting competitions, international or world in scope, are conducted according to the rules of competition specified by the WDFPF.

G.       In the interest of complying with (F) above, may establish procedures for the certification of International Referees of the Federation.

H.      Must approve any competition designated a “World” or an “International” championship.

I.         Shall conduct any and all meetings under “Robert’s Rules of Order”.

J.        Meetings shall be open only to a maximum of three representatives from each member country.

Section 3.3   Annual Meeting, the Congress.  There shall be an annual meeting of the World Committee to receive the annual committee reports as well as for the transaction of such other business as may come before it.  The Congress shall be held in conjunction with the World Powerlifting Championships of the WDFPF or at such time as designated by the Executive Committee.  Additional meetings of the World Committee may be called pursuant to Section 3.4 below.  All published notices of meetings shall include the meeting place, date, time and purposes.

Section 3.4   Special Meetings.  Special meetings of the World Committee for any purpose or purposes may be called by the President or by a majority of the Executive Committee upon notice at such time and place as may be stated in the notice.

Section 3.5   Voting Rights and Representatives.  The right to vote during the World Congress or at meetings of the World Committee shall be limited to the following persons:

A.      Each elected member of the Executive Committee (Board of Directors).

B.       Each member nation (fully affiliated governing body) has a duty to appoint three voting representatives for the WDFPF Congress and/or postal ballots.  One of these will be the International Liaison for the nation, who will also be responsible for communications with the WDFPF.  The  names, addresses and contact numbers of all three (3) voting representatives, must be submitted to the WDFPF Secretary General annually.

C.       If the contact details of any of the voting representatives are subsequently altered, the WDFPF Secretary General must be informed.  In addition, the Secretary General must be immediately informed if:

a.        One or more of the 3 designated voting representatives is unable to attend the annual congress, and it is intended that their vote(s) should be exercised on behalf of that nation, by other named bona fide member(s) of that nation’s affiliate body.  (Note:  This information must come from the nation’s International Liaison.  It is not sufficient for any individual to attend the Congress declaring that they have been so nominated.  Under such circumstances voting rights will normally be denied, though such an individual may be allowed to attend the Congress as an observer subject to a majority vote of the World Committee.)

D.      It is a matter for each national body to decide which three (3) persons shall exercise voting rights on behalf of its members.  However it is recommended that where possible, the officials concerned should be elected by their own governing body membership.

E.       For WDFPF postal ballots it is expected that ballot/voting papers will be completed after due consideration of the relevant questions, only by the persons with assigned voting privileges. 

F.       Nations affiliated under the “single & Below Minimum” registration scheme will normally be represented by their International Liaison, who will exercise one vote at the Congress or in postal ballots.  This fact notwithstanding, conditions A to C will also apply in these cases.

Section 3.6   Voting.  At any meeting duly called and held, a majority of the votes cast upon a given question by the delegates entitled to vote thereon who are present in person shall decide such question    No member may cast more than one vote, though a member might hold multiple offices.

Section 3.7   Organization.  The President, or in their absence, a member or the Executive Committee, elected by those members of the World Committee present, shall act as chair of the meetings of the World Committee.  The Secretary General of the Federation shall act as secretary of all meetings of the World Committee, but in the absence of the Secretary, the chair of the meeting may appoint any other person to act as secretary of the meeting.  A chair, for the purpose of conducting the meeting, may be approved by a majority vote of the World Committee in attendance.

Section 3.8   Quorum.  A quorum for the purpose of conducting business under the provisions of Sections 3.3 and 3.4 shall be twenty-five percent of the voting membership of the World Committee.  Members of the Executive Committee will not be counted in the calculation of a quorum, although they will be able to have full voting privileges on the World Committee.

Section 3.9   Procedures.  For all meetings of the World Committee, Executive Committee and subcommittees of the Federation, the current “Robert’s Rules of Order” are the general rules of order, except where they are in conflict with the provisions of this constitution and in such cases, this constitution prevails.   

 

Section 3.10   Order of Business.  At all meetings for the World Committee the following is the order of business:

A.      Roll call of voting members.

B.       Treasurer’s report

C.       Report of Officers and Committees

D.      Unfinished business

E.       Action on proposed amendments (at annual meetings)

F.       New business

G.       Installation of officers (at annual meeting, even numbered years)

H.      Adjournment

Section 3.11   Other persons attending the Congress.  Persons other than named designated voting representatives may also attend the annual WDFPF Congress as observers, subject to approval by majority vote of the World Committee.  This dispensation must be sought before any congress business is conducted.  Observers may also contribute to discussion at the Congress provided granted permission by the President/Committee Chair.  Such permission must be sought in respect of a particular subject/topic – and is not accorded as a general matter for the entire proceedings.  The President/Committee Chair may request an opinion of information from an observer at the Congress.

Article IV

Executive Committee

Section 4.1   Purpose.  The business, activities and affairs for the WDFPF shall be managed and controlled by its World Committee.  Between meetings of the World Committee, full management and control of the WDFPF shall reside with the Executive Committee. 

Section 4.2   Membership.   The Executive Committee (Board of Directors) of the Federation shall include:

A.      The President of the Federation

B.       The Vice-President of the Federation

C.       The Secretary General of the Federation

D.      The Treasurer of the Federation

Section 4.3   Meetings.  Between annual meetings of the World Committee, the Executive Committee shall conduct the business of the Federation.  Meetings of the Executive Committee shall be held at the time and place designated in the notice of meeting whenever called by the President or two-thirds (2/3) of the World Committee members.  Notice of the time and place of a special meeting shall be given to each member of the Executive Committee, by word, telegram or cable.  This notice should be given at a reasonable time prior to the special meeting and where practical, at least ten (10) days prior to the special meeting.  Such notice shall specify the purpose of the special meeting.

Section 4.4   Quorum.  For the purpose of conducting business under the provisions of Section 4.3, a quorum shall consist of a majority of the Executive Committee.

Section 4.5   Committees.   The World Committee may, by resolution passed by a majority of the World Committee, designate one or more committees to exercise, to the extent provided in the resolution, the powers and authority of the World Committee in the management of the business and affairs of the Federation, but no such committee shall have power or authority in reference to amending the certification of incorporation, or amending this constitution, or adopting an agreement of merger or consolidation.  The President shall appoint each committee chair.  Each committee, which may be established by the World Committee or this constitution, may fix its own rules and procedures.  Reasonable notice of meetings of committees, other than of regular meetings provided for by the rules, shall be given to the committee members.  All actions taken by the committees shall be recorded in the minutes of the meetings.

Section 4.6   Action Without Meeting.  Nothing contained in this constitution shall be deemed to restrict the power of the Executive Committee or any committee designated, pursuant to Section 4.5, to take any action, required or permitted, to be taken by them, without meeting, if a consent in writing setting forth the action so taken shall be signed by a majority of the committee members

Section 4.7   Operating Committees.  The following are the committees of the Federation.

A.      Drug Control Committee

B.       Publicity Committee

C.       Referees/Technical Committee

D.      Discipline Committee

Section 4.8   Rules.  Each committee may adopt rules for its own management not inconsistent with this constitution. 

Section 4.9   Contracts.  The Executive Committee may authorize any person to enter into any contract or execute and deliver any instrument in the name and on the behalf of the WDFPF and such authority may be general or confined to specific instances.

Section 4.10   Officers.  The four members of the Executive Committee will be elected by the World Committee.  Each of the four elected officers shall serve for a term of three years following the election, or until a successor is elected.  Should a member of the Executive Committee become incapacitated,, the next ranking member of the Executive Committee shall call a meeting of the World Committee to select a successor to the incapacitated officer, to serve until the next regular election.

Section 4.11   Duties of Officers.  The duties of the officers of the Federation are those, which are promulgated by the Federation and in addition, are as follows:

A.      President.  The president shall preside at all meetings of the World Committee and Executive

Committee.  The President shall be an ex-officio member of all committees.

B.       Vice-President.  The Vice-President shall preside in the absence of the president.  The Vice-President shall carry forth any duties as assigned by the President.

C.       Secretary General.  The Secretary General shall make proper arrangements for keeping the records of the WDFPF, issuing official notices of all meetings of the Federation and performing such other duties as may be directed by the President.  The Secretary General shall also serve as the Secretary of the World Committee and Executive Committee.

D.      Treasurer.  The Treasurer shall receive and account for all funds of the Federation.  The Treasurer shall perform any such duties as assigned by the President.

Section 4.12   Officials with Regional Responsibilities.  The WDFPF may appoint officials to represent the interests of the Federation in specific geographical areas.

Article V

Resignations and Removals

Section 5.1   Resignations.  Any member of the Executive Committee, or any member of any committee, may resign at any time by giving written notice to the President or the Secretary General.  Any such resignation shall take effect at the time specified within the resignation or, if the time is not specified, then upon receipt of the resignation.  The acceptance of such resignation shall not be necessary to make it effective.

Section 5.2   Removals.  The Executive Committee may, at any meeting thereof, by two-thirds (2/3) vote of those present and voting, remove with cause from office any member of any committee and any officer.  Any member of the Executive Committee may be removed, with or without cause, by a majority of the voting members of the World Committee.

Article VI

Discipline

Section 6.1   Suspension and Expulsion. 

A.      As described below, the Federation, through the Discipline Committee, has the right to suspend for a definite or an indefinite period of time, or to expel a member or member nation who has contravened any of the Articles of these By-Laws or any rules of the Federation.  The Federation, through the Discipline Committee, shall have the right to suspend or expel any athlete who has violated the rules of amateurism or rules adopted by the Federation pursuant to these By-Laws.

B.       Before exercising its authority under these Articles, the Discipline Committee shall notify the person, persons or organization, in writing of:

1.   The factual basis for the infringement or infraction of a rule, By-Law or good

        conduct.

2.        The proposed sanction or penalty to be imposed by the Committee upon a finding of an infringement or infraction.

3.    The charged party’s obligation to respond in writing to the charges within fifteen 

days  (15) after receipt of the notification.

4.        The charged party’s right to a hearing before the Discipline Committee, which

hearing shall take place no sooner than thirty (30) days and no later than sixty (60) days after the charged party has requested a hearing.

Said notification shall be sent certified mail without the necessity of requiring a return receipt and shall be deemed to have been received by the charged party five (5) days after mailing. 

C.       The charged person, persons or organization:

1.        Will have fifteen (15) days from the date of receipt, or presumed receipt, of the notice to file an answer to the specific charges or will be deemed to have admitted the facts set forth in the notice, in which event, the Discipline Committee may impose a sanction or penalty no greater than that set forth in the notice.

2.        In any written response to the specific charges, may request a hearing before the Discipline Committee or may submit the matter to the Discipline Committee based on the facts or argument set forth in the written response

3.        Failure to request a hearing shall be deemed a waiver of the right to a hearing before the Discipline Committee, but shall not be deemed a waiver of the right to appeal to the Executive Committee as hereinafter set forth.

4.        In the event the charged party, or their representative, fails to appear at any hearing scheduled at the request of the charged party, the matter shall be deemed to have been submitted to the discretion of the  Discipline Committee on the written notice and the written response, with a hearing waived as provided above.

D.      Hearings conducted before the Discipline Committee shall be recorded either by sound or by video recording devices as determined by the Committee’s sole discretion. 

E.       The Committee shall receive evidence and testimony in support of the charges followed by evidence, testimony, and/or argument offered by the charged party.

F.       Any witness offering testimony may be subject to cross-examination by the Committee or the charged party. 

G.   Formal Rules of Evidence shall not be applicable to any hearing before the Discipline Committee.

H.      The Discipline Committee shall render its determination within fifteen (15) days after a hearing or after final submission of the written response if a hearing has been waived.  Said determination shall be mailed to the charged party by certified mail, without the necessity of requiring a return receipt and shall be deemed received by the charged party within five (5) days after mailing.

I.         A charged party shall have the right to appeal any adverse determination by the Discipline Committee to the Executive Committee by giving written notice of such appeal not later than fifteen (15) days from the date the determination of the Discipline Committee was mailed   Said appeal shall be directed to the Secretary General of the Federation who shall schedule a date, time and place for said hearing reasonably convenient to the members of the Executive Committee and the charged party, in that order of priority.  Pending the adjudication by the Executive Committee, the effectiveness of any determination by the Discipline Committee shall be stayed.

J.        At the hearing before the Executive Committee, a representative designated by the Discipline Committee shall present such evidence, testimony and argument supporting the charges followed by the charged party presenting evidence, testimony and/or argument in their defense.  Any witness offering testimony may be subject to cross-examination by the representative of the Discipline Committee, the charged party or any member of the Executive Committee.  Formal Rules of Evidence shall not apply to any hearing before the Executive Committee.

K.      Any charged party appealing a decision of the Discipline Committee may elect to waive a hearing before the Executive Committee and may submit the matter for determination by the Executive Committee based on the written notification, the written response and the recorded hearing before the Discipline Committee; provided, however, that the Executive Committee may reject said waiver at any time prior to a final decision by the Executive Committee based on a determination by the Executive Committee that:

1.        The quality of the recording is not adequate to permit a review of the proceedings.

2.        Additional testimony or evidence should be offered.

3.        The issues involved, for any reason, require further hearing.

L.       Within a reasonable time following submission of the matter to the Executive Committee, the   

       Executive Committee shall issue its written findings of fact and decision, which decision shall  

       be the final decision of the case.

M.     Any person, persons or organization suspended, expelled or banned from Federation sponsored competition may apply for reinstatement to the Federation or to competition.  Said application shall be directed to the Executive Committee and shall be mailed to the Secretary General of the Federation, who shall refer it to the members of the Executive Committee.  The application shall set forth, in detail, the reasons advanced for reinstatement and may include any supporting documentation or information the applicant deems appropriate.  The Executive Committee may, at its discretion, conduct such investigation of the applicant, as it deems appropriate.  Within a reasonable time after receipt and consideration of the application, the Executive Committee shall submit said application together with its recommendation to the World Committee for its determination.  The World Committee may grant said application for reinstatement, deny the application or otherwise modify the suspension, expulsion or banning, provided, however, that in no event may the World Committee enhance the sanction or penalty previously imposed on the applicant.

Section 6.2   Internal Grievance Procedure and Arbitration.

A.      Any member or member nation of the WDFPF may file a written grievance with the Secretary General pertaining to any matter within the cognizance of the Federation and/or alleging a violation of any provision of this constitution.

B.       Any grievance of complaint shall be signed under oath and shall allege with particularity, the nature of the grievance and/or each claimed violation of the aforementioned documents by reference to specific sections thereof, stating in concise language, how, when and where the alleged violation occurred.  The factual allegations shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation.

C.       Upon receipt of a grievance or complaint, the Secretary General shall refer it to the President.  Every effort will be made by the President to resolve the grievance or complaint through informal means.

D.      In the event that the member or member nation filing the grievance or complaint is not satisfied with the resolution of the matter reached by informal methods, they may request a hearing, whereupon the President shall promptly appoint at least three (3) members of the Discipline Committee, none of whom shall have an interest in the subject matter of the grievance or complaint, to hear evidence, make findings of fact and adjudicate the issues raised.

E.       At any hearing pursuant to (C) and (D) above, all interested parties shall have the right to counsel, to present evidence in support or in opposition to the grievance or complaint, to cross-examine witnesses and to present such factual or legal claims as will support their positions.  A summarized record of the proceedings shall be made by the hearing panel.  The rules of evidence shall not be strictly enforced.  The hearing panel shall expeditiously conduct the hearing and report its findings of fact and conclusions to the Executive Committee and all interested parties.

F.       Fair notice and an opportunity for a hearing in accordance with the procedure outlined in Section 6.1(c) shall be afforded to any member or member nation, before the Federation declares such individual ineligible to participate, in any capacity, in any amateur drug-free WDFPF powerlifting competition.

Article VII

Sanctions

Section 71.   Jurisdiction.  All International and/or World competitions must be sanctioned by the WDFPF.  This requirement shall not include those events open only to members of a member nation or when it falls under the category of closed competition

Section 7.2   Requirements.  Sanctions are issued, withheld or withdrawn in accordance with the following regulations:

A.      No sanction will be issued to any organization whose interest in sports and games is purely commercial or where the event is to be promoted solely for the profit or advertising value to be derived from the event.

B.       Sanctions issued to one organization cannot be transferred by the organization to another.  Any sanction so transferred shall be void for all purposes and the Executive Committee is empowered to deny further sanctions to any organization violating this provision.

C.       No further sanction will be given to any organization that has failed to fulfill expense obligations to athletes or to give prizes as stated on its application.  The foregoing sentence shall be set forth in every sanction granted. 

D.      All sanctions must be signed by the President and Secretary General and a record thereof must be in a book kept for such purpose.

E.       The control of sanctions for contest and events other than World may be transferred by decision of the Executive Committee to the member nation of the WDFPF.

F.       The following clause will appear on all sanction application forms, as well as on all forms upon which official sanctions are granted: “In granting this sanction, it is understood and agreed that the WDFPF shall be free from any liabilities or claims for damages arising by reason of injuries to anyone during the conduct of this event”.

Section 7.3   Condition.  All games, meetings, benefits, exhibitions or entertainments of any kind where sanction is required according to Section 7.1 are subject to the following conditions:

A.      An athlete’s entry will not be accepted, nor will they be allowed to compete or exhibit at any event unless they are registered or certified as provided in Article VIII.

B.       Announcements and entry blanks of sanctioned events must state that no entries will be accepted unless the athlete is either registered or certified by a member nation.

C.       Entry blanks, advertising and the event program must bear conspicuously the statement: “Held under the sanction of the WDFPF”, and bear the sanction number.

D.      All organizations which have received a sanction for any contest where prizes are stated on the entry blanks shall be required to send the Executive Committee, before the date of the contest, a copy of the entry blank.

Article VIII

Registration

Section 8.1   General.   Registration or certification verification is required of all member nations competing in the WDFPF, of all competitive athletes, of all members of the member nation’s national organization.  A complete list of members and or competitors must be filed annually with the WDFPF Treasurer.

Article IX

Disqualification

Section 9.1   Jurisdiction.  A person or nation shall cease to be eligible to compete or exhibit in open or closed events given or sanctioned by the WDFPF while disqualified or under suspension either by the WDFPF or by their home nation.

Section 9.2   Types.  A person is disqualified from competing as an amateur by committing any of the following acts:

A.      Fraud

B.      Competing for money

C.      Failure to pass approved drug test for banned substances

D.      Miscellaneous

Section 9.3   Fraud.  The falsification of the truth for the purpose of participation in any competition in powerlifting wherein the athlete, coach, manager or other person has acted with deceit, or is guilty of misrepresentation, concealment or a misstatement of fact or intention.

Section 9.4   Competing for Money.  Directly receiving pay or financial benefits in consideration of or as a reward for participation in any powerlifting competition, or disposing of prizes from powerlifting competition for personal gain.  These actions, if committed, shall cause the athlete to be ineligible for amateur competition.

Section 9.5    Failure to Pass Approved Drug Test for Banned Substances.  The confirmation of a positive finding for the use of substances listed in the Banned Substance List by means of the employed drug testing procedure.

Section 9.6   Miscellaneous.  The following are other means by which an athlete, official, coach, member nation or other person can be disqualified from participation in WDFPF activities:

A.      It shall be within the province of the Discipline Committee to suspend for such time as it may deem proper any person guilty of unfair dealing in connection with athletic competition, improper conduct or for violation of the rules of the WDFPF.  The following, among other things, shall be considered as unfair dealing and improper conduct:

1.        The use of obscene or profane language in a competition area.

2.        The doing of any act, which tends to disturb or obstruct a competition or to bring this Federation or amateur athletics into disrepute.

B.       Any member or any member nation of the WDFPF who shall have been expelled from said club for unpaid debts to the nation or the WDFPF shall not be eligible to compete in any meet given by any member nation of the WDFPF until such debt is liquidated.

C.        An athlete, who fails to compete after entering an event in a bona fide way and according to the rules, may be required to furnish the Discipline Committee with a satisfactory excuse for such failure to render them self liable to censure or suspension.

D.      Any person who shall refuse to appear to testify before the Discipline Committee upon any hearing or to answer any questions, which such Committee shall rule to be proper, shall be liable to suspension or such other discipline as the Committee may determine until they have been vindicated of such refusal.

Section 9.7   Persons Other Than Athletes. 

A.      Any coach, manager or other person who, directly or indirectly, shall include or be in any way instrumental in entering or allowing a registered athlete to enter, without a warning of the consequences, may be expelled from participating in any capacity in the WDFPF program.

B.       Any person aiding and abetting any athlete to in any way disqualify said athlete as an amateur may be expelled from participation in any capacity in the WDFPF program.

Section 9.8   Definition of Powerlifting Competition.  As used in Article IX, powerlifting competition shall include any event in which any or all power lifts (squat, bench press, deadlift) are contested in accordance with WDFPF rules and rankings determined. 

Article X

Miscellaneous

Section 10.1   Fiscal Year.  The fiscal year of the WDFPF shall be determined by resolution of the World Committee.

Section 10.2   Notices and Waivers Thereof. 

A.      Whenever any notice whatever is required by this constitution, such notice, except as

otherwise provided by law, may be given personally or by mail, or in the case of members of the World Committee, by telegram, cable or radiogram and sent to such address as appears on the books of the WDFPF.  Any notice given by telegram, cable or radiogram shall be deemed to have been given when it shall have been delivered for transmission and any notice given by mail shall be deemed to have been given when it shall have been deposited in the particular country’s mail with postage thereon prepaid.

               

B.       Whenever a notice is required to be given by any statute, the certificate of incorporation, or this constitution, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the meeting or the time stated therein, shall be deemed equivalent in all respects to such.

C.       Notice of annual meetings of the World Committee (the WDFPF World Congress) may be satisfied by announcements in nationally circulated publications, which cover the sport of powerlifting in member nations of the WDFPF.

Section 10.3   Books and Records.  The WDFPF shall keep complete books and records of account, which may be inspected during regular business hours by any member nation of the WDFPF upon reasonable notice of the WDFPF Treasurer. 

Section 10.4   Indemnification. 

A.        The WDFPF shall immediately indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, administrative or investigative, by reason of the fact that they served as an officer, employee or official representative of the WDFPF against expenses, including attorney’s fees, judgments, fines and amounts actually and reasonably incurred by them in connection with such action, suit or proceeding if they acted in good faith and in a manner they reasonably believed to be in or not opposed to the best interests of the WDFPF and with respect to any criminal action or proceedings, had no reasonable cause to believe their conduct was unlawful.  The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a pleas of nolo contenders or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner which they reasonably believed to be in or not opposed to the best interests of the WDFPF

B.       Any indemnification under this article shall be made by the WDFPF only as authorized in the specific case upon a determination that the officer, employee or official representative has met the applicable standard of conduct set forth herein.  The World Committee shall make such determination by a majority vote of a quorum consisting of members of the Executive Committee who were not parties to such action, suit or proceeding.  If such a quorum is not obtainable, such determination shall be made by either of the following:

1.        By majority vote of the full Executive Committee pursuant to opinion of independent legal counsel or,

2.        By the World Committee in its next meeting.

C.       Expenses, including attorney’s fees, incurred in defending a civil action, suit or proceeding may be paid by the WDFPF in advance of the final disposition of such action, suit or  proceeding as authorized in the manner provided in this Article upon receipt of an undertaking by or on behalf of the officer, employee or official representative to repay such amount unless it shall be ultimately determined that they are entitled to be indemnified by the WDFPF.

D.      The indemnification provided by this Article shall not be deemed exclusive of any other rights to which the officer, employee or official representative may be entitled under any constitution, agreement, vote of the membership or disinterested directors or otherwise.  The indemnification provided by this Article shall continue as to a representative and shall inure to the benefit of the heirs, executors and administrators of such a person.

E.       The WDFPF, pursuant to a resolution of the World Committee, may purchase and maintain insurance on behalf of any person who is or was an officer, employee or official representative of the WDFPF against any liability asserted against them, if the WDFPF would have the power to indemnify them against such liability under the provisions of this Article.

Section 10.5   Counselor. 

A.      There may be a counselor who shall act as the chief legal advisor of the WDFPF and its officers and be selected by a majority vote of the Executive Committee.  The counselor shall have no vote in the capacity as legal advisor, but shall be eligible to serve as a World Committee member and as an Executive Committee member.

B.       The counselor shall be eligible to attend the meetings of the World Committee and the Executive Committee and to act in advisory capacity therein, including initiating advice whenever they deem it necessary or on request.  The counselor shall be charged with the defense of all claims and demands against the WDFPF and legal protections of its rights and privileges.  The counselor may appoint an associate counselor to serve without compensation except in such cases as the Executive Committee may authorize otherwise.  The counselor may be reimbursed for expenses and disbursements incurred in the performance of their services.

Section 10.6   Amendments.

A.      These Articles may be amended at the annual meeting of the World Committee (the WDFPF Congress) by a two-thirds (2/3) vote, provided notice of the proposed amendment has been submitted in writing to the voting members of the Committee at least thirty (30) days prior to the meeting.

B.       Amendments to these Articles must be submitted to the President at least ninety (90) days prior to the meeting for proper review and submittal to the members of the World Committee.

 

Section 10.7   Saving Clause.  Failure of literal or complete compliance with provisions of the Constitution in respect to dates and times of notice, or the sending of receipt of the same, or errors in phraseology of notice of proposals, which in the judgment of the members at meetings held, do not cause substantial injury to the rights of members, shall not invalidate the actions or proceedings of the members at any meeting.

Article XI

Drug Control

Section 11.1   Testing Out Of Competition.  Each member nation shall conduct out-of-competition testing by use of urinalysis of athletes who would be participating in International competitions.  The list of banned substances will be those of the International Olympic Committee (I.O.C.) and will be subject to annual review by the World Committee.  The World Committee may deem it necessary to add to the I.O.C’s. list of banned substances any substance which it believes may aid performance.  The Executive Committee may, at any time, select the test subject of any member nation by a majority vote.  Cost of testing shall be paid by the member nation of the party being tested.

Section 11.2   Selection of Out-of-Competition Subjects.  Will be at the discretion of each member nation and will be limited to the top ten (10) lifters in each weight class and will include selection on any criteria including the basis of suspicion.  Cost of testing shall be paid by the member nation of the party being tested

Section 11.3   Drug Testing International Competitions.

A.      Drug testing shall be mandatory at all International Championships.  A minimum of twenty percent (20%), to a maximum of one hundred percent (10%), of participants shall have samples gathered.  The WDFPF requires a minimum mandatory drug testing of 10% of Championships participants.

B.       The host country shall cover the cost of the minimum amount of testing, with additional testing cost paid by the WDFPF.

C.       The testing of samples taken at International competitions shall be conducted at accredited 1.0.C laboratories or any laboratories as determined by the WDFPF.

Section 11.4   Penalties.  

A.      Positive drug test results or refusal of testing in WDFPF sanctioned or Nationally sanctioned

Competitions of member nations will result in a Life-Time ban from further WDFPF competition.

B.       Life-Time refers to the duration of the natural life of the subject.

Section 11.5   Membership Denial.  Anyone convicted of the sale, use of, or smuggling of ergogenic drugs by a court of law or who has been found positive on a drug test, could be denied membership to the WDFPF.

Section 11.6   No-Use Period.   The “clean period” as of the World Championship of 1989, will be three (3) years, increasing to four (4) years in 1990, then to five (5) years in 1991, staying at a “clean period” of five (5) years from that point onward.

Section 11.7   Testing Methods.   Drug testing methods will be at the discretion of each individual nation for their own internal affairs.

Article XII

Rules of Performance

Section 12.1   World Records.   World records may only be set at WDFPF World Championships, WDFPF sanctioned International Championships or the National Championships of member nations if and when all WDFPF rules and Regulations as set forward in the WDFPF Rulebook and Constitution are followed.

Section 12.2   Recognized Competitions.   The WDFPF will sanction and recognize the

Championships listed below.   The World Committee may, by majority vote, add to or delete from this list of sanctioned competitions:

A.      The WDFPF World Powerlifting Championships

B.       The WDFPF Teenage World Powerlifting Championships

C.       The WDFPF Junior World Powerlifting Championships

D.      The WDFPF Masters’ World Powerlifting Championships

E.       The WDFPF European Powerlifting Championships

F.       The WDFPF Pan American Powerlifting Championships

G.       The WDFPF Single Event World Championships

H.      The WDFPF Teenage Single Event World Championships

I.         The WDFPF Junior Single Event World Championships

J.        The WDFPF Masters’ Single Event World Championships

K.      The WDFPF European Single Event Championships

L.       The WDFPF Pan-American Single Event Championships

M.     The WDFPF North-Sea-Cup

Section 12.3   Recognition of World Records.  The WDFPF will recognize only World Records that meet the following criteria:

A.      Three (3) WDFPF International Referees must judge the World Record lift.

B.       The athlete establishing the World Record must be drug tested via I.O.C. urinalysis.

C.       The athlete must meet WDFPF rules and regulations concerning uniform, technique and weight of body & equipment including scale certification.

Section 12.4   Other Rules of Performance.  All other rules, techniques, procedures or other pertinent factors of performance shall be addressed in the WDFPF Rulebook.  This rulebook shall be considered as part of this constitution only in reference to Rules of Performance, costume, weight classes and referees’ credentials and will be subject to annual review by the World Committee.

Section 12.5   Philosophy  World/International Championships.  It is the position of the WDFPF that emphasis of the individual is of paramount importance.  As of the 1998 Congress, there shall be reference to team evaluation during WDFPF sanctioned competition using the following team points system: 

                Lifters who achieve 1st place will receive 12 team points;

                2nd place receives 9 points;

                3rd place receives 8 points;

                4th place receives 7 points;

                5th place receives 6 points;

                6th place receives 5 points;

                7th place receives 4 points;

                8th place receives 3 points;

                9th place receives 2 points;

                10th place receives 1 point.