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WORLD ANTI-DOPING CODEWORLD ANTI-DOPING CODE

By Michele ColucciBy Michele Colucciwww.colucci.euwww.colucci.eu - - info@colucci.euinfo@colucci.eu

University of Illinois at Urbana University of Illinois at Urbana ChampaignChampaign

Spring Semester 2008Spring Semester 2008

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Something to think about...Something to think about...

““The goal of those involved in The goal of those involved in professional sports, Whitman professional sports, Whitman says, is to win – now and at says, is to win – now and at virtually any cost.  The financial virtually any cost.  The financial and social benefits gained from and social benefits gained from on-field success and the rapidly on-field success and the rapidly diminishing time window for diminishing time window for athletes to achieve that success athletes to achieve that success contribute to a modern sports contribute to a modern sports culture that emphasizes the ends culture that emphasizes the ends over the means – victory over over the means – victory over integrity!” integrity!”

Josh Whitman, 2008Josh Whitman, 2008

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DOPINGDOPING

• Definition: the use and abuse of Definition: the use and abuse of performance enhancing substances performance enhancing substances in elite sport.in elite sport.

• Derivation: from the Dutch word Derivation: from the Dutch word “dop”, a beverage that Zulu warriors “dop”, a beverage that Zulu warriors used prior to battle.used prior to battle.

• Term became current ~ start of 20Term became current ~ start of 20thth century in reference to illegal century in reference to illegal drugging of racehorsesdrugging of racehorses

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DOPING - HistoryDOPING - History

• Egyptian slaves fed elixirs (likely from khat Egyptian slaves fed elixirs (likely from khat leaves) thought to relieve stressleaves) thought to relieve stress

• Slaves of the Incas worked better after Slaves of the Incas worked better after chewing coca leaveschewing coca leaves

• A century ago, marathoners & cyclists A century ago, marathoners & cyclists used strychnine, and cyclists used used strychnine, and cyclists used caffeine, cocaine, and even alcohol for an caffeine, cocaine, and even alcohol for an advantage.advantage.

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DOPING - HistoryDOPING - History

• 1928 – IAAF bans doping (use of stimulants)1928 – IAAF bans doping (use of stimulants)1966 – FIFA (football) & UCI (cycling) introduce 1966 – FIFA (football) & UCI (cycling) introduce

drug testing at championshipsdrug testing at championships• 1968 – drug testing first used in Olympic 1968 – drug testing first used in Olympic

GamesGames• 1976 – IOC bans anabolic steroids1976 – IOC bans anabolic steroids• 1979 – testing for illegal drugs by IOC begins1979 – testing for illegal drugs by IOC begins• 1986 – IOC bans blood doping1986 – IOC bans blood doping• 1999 – World Anti-Doping Agency (WADA) 1999 – World Anti-Doping Agency (WADA)

foundedfounded• 2000 - first Olympics testing for EPO2000 - first Olympics testing for EPO

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Motivations for Use of Motivations for Use of DOPINGDOPING

•To enhance performanceTo enhance performance– Increased strength, endurance, Increased strength, endurance,

alertness, aggressionalertness, aggression– Decreased reaction time, fatigue, Decreased reaction time, fatigue,

anxiety, muscle tremoranxiety, muscle tremor•Belief that others are using PES Belief that others are using PES

(performance enhancing substances)(performance enhancing substances)•Coping with pain and injury Coping with pain and injury

rehabilitationrehabilitation

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Prevention of DOPINGPrevention of DOPING

• Acknowledge that athletes use PESAcknowledge that athletes use PES• Education about PES at all levelsEducation about PES at all levels

– Education of athletes, coaches, parents, Education of athletes, coaches, parents, publicpublic

• Marketing to sell the concept of “clean” Marketing to sell the concept of “clean” sports” and condemnation of PES usesports” and condemnation of PES use

• Penalties – financial and no-competePenalties – financial and no-compete• Appeal to EthicsAppeal to Ethics• Attention to athlete’s non-sports issues Attention to athlete’s non-sports issues

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World Anti-Doping AgencyWorld Anti-Doping Agency

WADA is responsible for:WADA is responsible for:

– The World Anti-Doping Program, including the World The World Anti-Doping Program, including the World Anti-Doping CodeAnti-Doping Code

– Worldwide out of comp testing programWorldwide out of comp testing program– Research Research – Education and Ethics Education and Ethics – Independent ObserversIndependent Observers

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The World Anti-Doping The World Anti-Doping ProgramProgram

Purpose:Purpose:

• To protect athletes’ fundamental right to To protect athletes’ fundamental right to participate in doping-free sport.participate in doping-free sport.

• To ensure harmonised, coordinated and effective To ensure harmonised, coordinated and effective anti-doping programs.anti-doping programs.

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The WADA CodeThe WADA Code

““The purpose of the Code is to ensure The purpose of the Code is to ensure the fight against drugs in sport is the fight against drugs in sport is

intensified, accelerated, harmonised intensified, accelerated, harmonised and unifiedand unified.”.”

Dick Pound, WADA President – March 2003Dick Pound, WADA President – March 2003

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Structure of the WADPStructure of the WADP

• Level 1 – The “Code” itselfLevel 1 – The “Code” itself

• Level 2 - International StandardsLevel 2 - International Standards

• Level 3 – Models of Best PracticeLevel 3 – Models of Best Practice

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The CodeThe Code

• Harmonisation of doping rules will Harmonisation of doping rules will level the playing field. level the playing field.

• Principles-based document.Principles-based document.

• Includes rules and responsibilities.Includes rules and responsibilities.

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The CodeThe Code

PART 1 – DOPING CONTROLPART 1 – DOPING CONTROL

PART 2 – EDUCATION AND RESEARCHPART 2 – EDUCATION AND RESEARCH

PART 3 – ROLES AND RESPONSIBILITIESPART 3 – ROLES AND RESPONSIBILITIES

PART 4 – ACCEPTANCE AND PART 4 – ACCEPTANCE AND COMPLIANCECOMPLIANCE

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International StandardsInternational Standards

• Standard for The Prohibited List.Standard for The Prohibited List.

• Standard for Therapeutic Use Standard for Therapeutic Use Exemptions.Exemptions.

• Standard for TestingStandard for Testing

• Standard for Laboratories.Standard for Laboratories.

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Models of Best PracticeModels of Best Practice

• Being prepared by WADA & tailored to Being prepared by WADA & tailored to stakeholder needs.stakeholder needs.

• Compliant with the Code and International Compliant with the Code and International Standards.Standards.

• Not mandatory -Not mandatory - provide alternatives from provide alternatives from which stakeholders may select.which stakeholders may select.

– Model Rules of Best Practice for IFs are Model Rules of Best Practice for IFs are available on the WADA website.available on the WADA website.

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Acceptance of the CodeAcceptance of the Code

– At the World Conference on Doping in At the World Conference on Doping in Sport in Copenhagen, 5 March 2003.Sport in Copenhagen, 5 March 2003.

– Accepted by all major sports federations, Accepted by all major sports federations, key stakeholders and 60 Government.key stakeholders and 60 Government.

– New Revised Code (entry into force: New Revised Code (entry into force: January 1, 2009)January 1, 2009)

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Key Issues under the CodeKey Issues under the Code

DOPING CONTROLDOPING CONTROL•Anti-Doping Rule Violations Anti-Doping Rule Violations

•Mandatory SanctionsMandatory Sanctions

•The ListThe List

•Therapeutic UseTherapeutic Use

•Athlete WhereaboutsAthlete Whereabouts

•WADA ClearinghouseWADA Clearinghouse

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Key Issues – the CodeKey Issues – the Code • The Definition of DopingThe Definition of Doping

– Anti-doping rule violations:Anti-doping rule violations:– ‘‘Current’ Violations (presence of, use, refusals):Current’ Violations (presence of, use, refusals):

– New violations:New violations:• relating to athlete whereabouts.relating to athlete whereabouts.• EvasionsEvasions• Admissions under ‘attempted use’Admissions under ‘attempted use’

– Improved provisions for:Improved provisions for:• Trafficking, possession, administration etc.Trafficking, possession, administration etc.

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SANCTIONS

Basic sanctions for a 1st and 2nd offence

–Mandatory 2 years and life unless exceptional circumstances apply.

‘Exceptional Circumstances’Provide for a sanction to be waived/reduced if no fault/no significant fault can be established.

Lesser penalties for ‘specified substances’Sanctions for other A-D rule violations.

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ANTI-DOPING RULE VIOLATIONS &

CORRESPONDING SANCTIONS

CONSEQUENCES:–Positive Test Result

–For Teams

–PERIOD OF INELIGIBILITY

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VIOLATIONS & SANCTIONSVIOLATIONS & SANCTIONS• For Prohibited Substances and Methods:For Prohibited Substances and Methods:

– The presence of a prohibited substance or its metabolites in a The presence of a prohibited substance or its metabolites in a specimen.specimen.

– Use or attempted use, including admissions.Use or attempted use, including admissions.– Possession.Possession.

– First violation: 2 yearsFirst violation: 2 years– Second violation: lifetime, Second violation: lifetime, – However ‘exceptional circumstances’ clause may be invoked.However ‘exceptional circumstances’ clause may be invoked.

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VIOLATIONS & SANCTIONSVIOLATIONS & SANCTIONS• For ‘Specified’ Substances:For ‘Specified’ Substances:

– Substances susceptible to ‘inadvertent doping’.Substances susceptible to ‘inadvertent doping’.

– First violation: At a minimum, a warning and reprimand and no period of First violation: At a minimum, a warning and reprimand and no period of ineligibility from future Events, and at a maximum, 1 yearineligibility from future Events, and at a maximum, 1 year

– Second violation: 2 yearsSecond violation: 2 years– Third violation: LifetimeThird violation: Lifetime

– Exceptional circumstances may apply.Exceptional circumstances may apply.

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VIOLATIONS & SANCTIONSVIOLATIONS & SANCTIONS

• Refusing or failing to commit to sample collection, Refusing or failing to commit to sample collection, including evasion.including evasion.

• Tampering.Tampering.

– First violation: 2 yearsFirst violation: 2 years– Second violation: lifetimeSecond violation: lifetime– Exceptional circumstances may apply.Exceptional circumstances may apply.

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VIOLATIONS & SANCTIONSVIOLATIONS & SANCTIONS• TraffickingTrafficking• Administration of Prohibited Substances or Methods.Administration of Prohibited Substances or Methods.• Assisting, encouraging, aiding, abetting, covering upAssisting, encouraging, aiding, abetting, covering up

– First violation: First violation: minimum 4 years up to a lifetime of ineligibility minimum 4 years up to a lifetime of ineligibility – Athlete support personnel who violate non-sporting laws may be reported to Athlete support personnel who violate non-sporting laws may be reported to

authorities.authorities.

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VIOLATIONS & SANCTIONSVIOLATIONS & SANCTIONS

• Failure to provide required whereabouts informationFailure to provide required whereabouts information• Missed tests which are declared based on reasonable rulesMissed tests which are declared based on reasonable rules

• May either be intentional or negligent conduct of the AthleteMay either be intentional or negligent conduct of the Athlete

– First violation: First violation: minimum 3 months and at a maximum 2 yearsminimum 3 months and at a maximum 2 years – Subsequent period established in anti-doping organisations rulesSubsequent period established in anti-doping organisations rules

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CONSEQUENCES OF A POSITIVE TEST RESULTCONSEQUENCES OF A POSITIVE TEST RESULT• At competition and multi-race eventsAt competition and multi-race events

• Automatic disqualification of the resultsAutomatic disqualification of the results• Disqualified from all events, eg at Olympics.Disqualified from all events, eg at Olympics.

• For teamsFor teams

• One team member in a Team Sport: Target Testing for the EventOne team member in a Team Sport: Target Testing for the Event• More than one team member: subject to disqualification or other disciplinary actionMore than one team member: subject to disqualification or other disciplinary action

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PERIOD OF INELIGIBILITYPERIOD OF INELIGIBILITY• Starts on the date of the hearing decision, or if justified at an Starts on the date of the hearing decision, or if justified at an

earlier date, and athlete:earlier date, and athlete:

• Should not participate in any capacityShould not participate in any capacity• Some or all sport-related financial support or other sport-related benefits Some or all sport-related financial support or other sport-related benefits

withheldwithheld• Mutual RecognitionMutual Recognition• Available for out of competition testingAvailable for out of competition testing• Provide whereabouts informationProvide whereabouts information

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The Prohibited ListThe Prohibited List

• Single list, based on evidence and Single list, based on evidence and researchresearch..

• 2 of 3 criteria must be satisfied for 2 of 3 criteria must be satisfied for inclusion.inclusion.

– Performance EnhancingPerformance Enhancing– Pose unnecessary risk of harmPose unnecessary risk of harm– Violate the ‘spirit of sport’Violate the ‘spirit of sport’

• Exemptions are not permitted but IF Exemptions are not permitted but IF can recommend additions to the basic can recommend additions to the basic ListList

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Key IssuesKey Issues

Therapeutic Use ExemptionTherapeutic Use Exemption

• ““Permission to use, for therapeutic purposes, drugs Permission to use, for therapeutic purposes, drugs which are otherwise prohibited in sporting which are otherwise prohibited in sporting competition”competition”

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Therapeutic Use Exemption Therapeutic Use Exemption StandardStandard

• MandatoryMandatory

• Criteria and process for TUECriteria and process for TUE

• Retrospectivity – emergency medical Retrospectivity – emergency medical treatmenttreatment

• IF/NF ResponsibilitiesIF/NF Responsibilities

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•Athlete Whereabouts•Athletes are responsible for providing correct and accurate whereabouts information to the responsible organisation.

•Failure to do so amounts to an anti-doping rule violation under the Code.

•WADA is the central Clearing House

•for all doping control information.

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Other Key Points under the Other Key Points under the CodeCode

•Testing & AnalysisTesting & Analysis

•Results ManagementResults Management

•Right to a Fair Hearing & AppealsRight to a Fair Hearing & Appeals

•National/international level athletesNational/international level athletes

•Roles and ResponsibilitiesRoles and Responsibilities

•Acceptance and ImplementationAcceptance and Implementation

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Testing StandardsTesting Standards

•Ensure that athletes are tested in the Ensure that athletes are tested in the same manner wherever they aresame manner wherever they are

•Maintain the integrity, identity, and Maintain the integrity, identity, and security of samples.security of samples.

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StandardsStandards

Testing StandardsTesting Standards

•Planning of testing Planning of testing

•Selection of athletes Selection of athletes

•Notification of athletes Notification of athletes

•Sample collection Sample collection

•Transport of samples.Transport of samples.

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StandardsStandards

Laboratory accreditation standardLaboratory accreditation standard

– Ensure a world wide system where Ensure a world wide system where results may apply across boundaries.results may apply across boundaries.

– Achieve uniform results and reporting Achieve uniform results and reporting standards.standards.

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Key PointsKey Points

• Results ManagementResults Management

• Right to a Fair HearingRight to a Fair Hearing

• AppealsAppeals

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Key PointsKey Points

National/International Level AthletesNational/International Level Athletes– Different requirements re:Different requirements re:

•TUEsTUEs

•Registered Testing PoolsRegistered Testing Pools

•AppealsAppeals

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Clarification of ResponsibilitiesClarification of Responsibilities

Clarification of ResponsibilitiesClarification of Responsibilities• Coordination of Testing & ResultsCoordination of Testing & Results

– Event testing – only 1 organisation initiates and directs Event testing – only 1 organisation initiates and directs tests at eventstests at events

– Out-Of-Competition Testing – WADA coordinatesOut-Of-Competition Testing – WADA coordinates

• Mutual recognition – testing, TUE, hearings Mutual recognition – testing, TUE, hearings and appeals: recognised and respected by and appeals: recognised and respected by all signatoriesall signatories

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EDUCATION & RESEARCH

–Each anti-doping organisation should plan, implement and monitor information and education programs, at a minimum on:

•Substances & methods on the Prohibited List

•Health consequences of doping

•Doping Control procedures

•Athletes' rights and responsibilities

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Roles and ResponsibilitiesRoles and Responsibilities

–Relationship between the NF & IF.•NF will interact with the Code through IF.

•IF is now clearly responsible for ensuring consistent response from the NF.

–Harmonisation of rules•Vertical uniformity will ensure that athletes are not subject to different rules within the same sport.

–Recognition of athletes and their support personnel.

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Acceptance & ComplianceAcceptance & Compliance

•Acceptance and implementation of the Code

•Each IF shall accept and implement the Code on or before Athens Olympic Games.

•Consequences of non-compliance •By a government or NOC,

•shall result in consequences with respect to the Olympic Games, World champs or major events.

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THE FIGHT AGAINST DOPING IN THE FIGHT AGAINST DOPING IN THE USATHE USA

• The The Mitchell reportMitchell report (December 2007)...beyond (December 2007)...beyond simple recommendations...simple recommendations...

• “The minority of players who used (performance enhancing) substances were wrong. They violated federal law and baseball policy, and they distorted the fairness of competition by trying to gain an unfair advantage over the majority of players who followed the law and the rules.

They – the players who follow the law and the rules – are faced with the painful choice of either being placed at a competitive disadvantage or becoming illegal users themselves. No one should have to make that choice.

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““In doping, the war is never In doping, the war is never won”won”

Juan Antonio SamaranchJuan Antonio Samaranchformer IOC presidentformer IOC president