ANTI-DOPING POLICY Anti-Doping Authority Regulations 2006 (Cth) (including the National Anti-Doping

  • View
    0

  • Download
    0

Embed Size (px)

Text of ANTI-DOPING POLICY Anti-Doping Authority Regulations 2006 (Cth) (including the National Anti-Doping

  • ANTI-DOPING

    POLICY

    2015

  • ANTI-DOPING POLICY 2015 2

    Preface 9

    Fundamental Rationale for the Code and Sporting Administration Body’s Anti Doping Policy 10

    The National Anti-Doping Programme 11

    The Sporting Adminstration Body Objectives 12

    Scope of this Anti-Doping Policy 12

    Article 1 Application of Anti-Doping Policy 13 1.1Application of the Anti-Doping Policy 13

    1.2 Application to the Sporting Administration Body 13

    1.3 Application to Persons 13

    Article 2 Definition of Doping, Anti-Doping Rule Violations 16 2.1 Presence of a Prohibited Substance or it Metabolites or Markers in an Athlete’s Sample 16

    2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or Prohibited Method 17

    2.3 Evading, Refusing or Failing to Submit to Sample Collection 17

    2.4 Whereabouts Failures 18

    2.5 Tampering or Attempted Tampering with any part of the Doping Control 18

    2.6 Possession of a prohibited Substance or Prohibited Method 18

    2.7Trafficking or Attempted Trafficking in any Prohibited Substance or any Prohibited Method. 19

    2.8 Administration or Attempted Administration to any Athlete In-Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any Athlete Out- of-Competition of any Prohibited Substance or any Prohibited Method that is prohibited Out-of- Competition 19

    2.9 Complicity 19

  • ANTI-DOPING POLICY 2015 3

    2.10 Prohibited Associaton 19

    Article 3 Proof of Doping 21 3.1 Burdens and standards of Proof 21

    3.2 Methods of Establishing Facts and Presumptions 21

    Article 4 The Prohibited List 24 4.1 Incorporation, Publication and Revision of the Prohibited List 24

    4.2 Incorporation, Publication and Revision of the Prohibited List 24

    4.3 WADA’s Determination of the Prohibited List 25

    4.4 Therapeautic Use Exemptions (TUEs) 25

    Article 5 Testing and Investigations 30 5.1 Purpose of Testing and Investigations 30

    5.2 Authority to Conduct Testing 31

    5.3 Event Testing 32

    5.4 Athlete Whereabouts Information 33

    5.5 Retired Athletes Returning to Competition 35

    Article 6 Analysis of Samples 36 6.1 Use of Accredited and Approved Laboratories 36

    6.2 Purpose of Analysis Samples 36

    6.3 Research on Samples 36

    6.4 Standards for Sample Analysis and Reporting 37

    6.5 Further Analysis of Samples 37

  • ANTI-DOPING POLICY 2015 4

    Article 7 Results Management 41 7.1 Responsibilites for Conducting Results Management 41

    7.2 Review Regarding Adverse Analytical Findings 41

    7.3 Notification after Regarding Advers Analytical Findings 42

    7.4 Review of Atypical Findings 43

    7.5Review of Atypical Passport Finding and Adverse Passport Findings 45

    7.6 Review of Whereabouts Failures 45

    7.7Review od Other Anti-Doping Rule Violations not Covered by Articles 7.2 to 7.6 45

    7.8 Identification of Prior Anti-Doping Violations 46

    7.9 Provisional Suspensions 46

    7.9a. Infraction Notices 48

    7.10 Resolution Without a Hearing 49

    7.11 Notification of Results Management Decisions 50

    7.12 Retirment from Sport 50

    Article 8 Right to a Fair Hearing 51 8.1 Fair Hearings 51

    8.2 Event Hearings 51

    8.3 Waiver Hearing 51

    8.4 Establishment of Hearings 52

    8.5 Right to Attend Hearings 52

    8.6 CAS Determination 52

    8.7 Public Disclosure of HEaring Outcomes 53

    8.8 Appeals and Review 53

    8.9 Use of Information Arising During Hearings 53

    Article 9 Automatic Disqualification of Individual Results 54

  • ANTI-DOPING POLICY 2015 5

    Article 10 Sanctions of Individuals 55

    10.1 Disqualification of Results in the Event During Which an Anti-Doping Rule Violation Occurs 55

    10.2 Ineligibility for Presence, Use or Attempted Use, or Possession of a Prohibited Substance or Prohibited Method 55

    10.3 Inegibility for Other Anti-Doping Rule Violations 56

    10.4 Elimination of the Period of Ineligibility Where There is no Fault or Negligence 57

    10.5 Reduction of the Period of Ineligibility Based on no Significant FAult or Negligence 58

    10.6 Elimination, Reduction, or Suspension of Period of inelegibility or Other Consequences for Reasons other than Fault 59

    10.7 Multiple Violations 62

    10.8 Disqualification of Results in Competitions Subsequent to Same Collection or Commission of Anti-Doping Rule Violation 63

    10.9 Allocation of CAS Cost Awards and Forfeited Prize Money 63

    10.10 Financial Consequences 64

    10.11 Commencement of Ineligibility Period 64

    10.12 Status During Ineligibility 66

    10.13 Automatic Publication of Sanction 68

    Article 11 Consequences to Teams 69

    11.1 Testing of Team Sports 69

    11.2 Consequences for Team Sports 69

    11.3 Event Ruling Body may Establish Stricter Consequences for Team Sports 69

    Article 12 Sanctions Against Sporting Bodies 67

    12.1 Withholding Funding for Non-Compliance 70

    12.2 .Disciplinary action against a sporting administration body 70

  • ANTI-DOPING POLICY 2015 6

    Article 13 Appeals 71

    13.1 Decisions Subject to Appeal 71

    13.2Appeals From decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Recognition of Decisions and Jurisdiction 71

    13.3 Failure to Render a Timely Decision 74

    13.4 Appeals Realting to TUES 74

    13.5 Notification of Appeal Decisions 74

    13.6 Time for Filing Appeals 74

    Article 14 Confidentiality and Reporting 76

    14.1Information Concerning Adverse Alalytical Findings, Atypical Findings, and Other Asserted Anti- Doping Rule Violations 76

    14.2 Notice of Anti-Doping Rule Violation Decisions and Request for Files 77

    14.3 Public Disclosure 77

    14.4 Data Privacy 79

    Article 15 Application and Recognition of Decisons 80

    Article 16 Incorporation of thie Anit-Doping Policy and Oblgations of the Sporting Administration Body 81

    Article 17 Statute of Limitations 82

    Article 18 Compliance Reports to WADA 83

    Article 19 Education 84

  • ANTI-DOPING POLICY 2015 7

    Article 20 Amendment and Interpretation of Anit-Doping Policy 85

    Article 21 Interpreting the Code 88

    Article 22 Aditional Roles and Reponsibilities of Athletes and Other Persons 89

    22.1 Roles and responsibilities of Athletes 89

    22.2 Roles and responsibilities of Athlete Support Personnel 89

    Appendix 1 Definitions 91

  • ANTI-DOPING POLICY 2015 8

    INTERPRETATION

    This Anti-Doping Policy takes effect on 1 January 2015.

    In this Anti-Doping Policy, references to Sporting Administration Body

    should be read as references to Touch Football Australia Inc (TFA). TFA's

    international federation is the Federation of International Touch (FIT).

    WARNING TO ATHLETES AND ATHLETE SUPPORT PERSONNEL

     You are responsible for knowing what the anti-doping rule violations are.

     You must find out which substances and methods are prohibited.

     Ignorance is no excuse.

     You must be aware of the rules in this Anti-Doping Policy.

     This Anti-Doping Policy adopts the strict liability principle.

     Athletes are responsible for anything found in their system.

     You must be aware of the sanctions that could be applied to you in this Anti-Doping Policy.

  • ANTI-DOPING POLICY 2015 9

    PREFACE

    This Anti-Doping Policy is adopted and implemented by the sporting administration body in

    accordance with ASADA’s and the sporting administration body’s responsibilities under the World

    Anti-Doping Code, the Australian Sports Anti-Doping Authority Act 2006 (Cth), the Australian Sports

    Anti-Doping Authority Regulations 2006 (Cth) (including the National Anti-Doping scheme), and in

    furtherance of combined ongoing efforts to eradicate doping in sport in Australia.

    This anti-doping policy contains rules governing the conditions under which sport is played. Aimed at

    enforcing anti-dopin