Legal Issues of Anti-Doping Policy in Pro-Sports

  • View
    287

  • Download
    1

Embed Size (px)

Text of Legal Issues of Anti-Doping Policy in Pro-Sports

Global PowerPoint template

Legal Issues of Anti-Doping Policy in Professional Sports 2015 KADA Pro Sports Anti-Doping Symposium 2015. 11. 26.

Dal-Young Chang, Attorney at law @ APEX LLC.

APEX LLC. is an independent member firm of the EY global network.

Page #

Background

Russia doping scandal

Page #

Background

Parks doping scandal

Page #

Background

Pro Sports doping scandal in Korea

Page #

Anti-doping law revision

352( ) . .[ : 2015.5.18.][ : 2015.11.19.] 2()11. "" .

Page #

Anti-doping law revision

392( ) 35 ( "" ) 352 , . 1 . . 1 2 , , .[ : 2015.9.25.][ : 2015.11.19.]

Page #

6

Anti-Doping System in Pro Sports

Steps1: Whereabouts moduleSteps2: TUE moduleSteps 3, 4 and 5: Doping control moduleStep 6: Lab result moduleSteps 7: Results management module

Whereabouts

WhereaboutsMission Order

SampleLab ResultLab Result

123467

Sample

Lab ResultTUE

TUE5

Page #

Grounds of Regulations

35 2(39 2)

Doping Test() Results ManagementSanctionsWhereaboutsSampling

Grounds of Regulations ?

Page #

Grounds of Regulations

Anti-Doping Program

Doping TestResults ManagementSanctionsWhereaboutsSampling

Players ConsentAgreementRegulations

CBAJDA

Page #

Prohibited Substances

39 2

Page #

Prohibited Substances

NSF Product and Service Listings

A. Drugs of AbuseB. Performance Enhancing SubstancesC. StimulantsD. Dehydroepiandrosterone (DHEA)E. Adding Prohibited Substances to the Program

Page #

Sample Collection

In-Competition Testing

Out of Competition TestingOff-seasonChampionship seasonPost-seasonBlood collectionurine collectionRandom selectionTarget selection

Page #

Sample Collection

In-Competition TestingOut of Competition TestingBlood collectionOff- seasonEffectiveness of anti doping programsProtection of Right of PlayerRTP Selection criteria Sample collection

Page #

Sample Collection3. TESTINGA. Performance Enhancing Substances, Stimulants and DHEAB. Drugs of AbuseC. Reasonable Cause TestingD. Follow-Up TestingE. Collection Procedures and Testing ProtocolsAll testing conducted pursuant to the Program shall be conducted in compliance with the Collection Procedures and Testing Protocols of the Program and the protocols of the Montreal Laboratory.

Page #

Provisional SuspensionInterim Suspensions

Page #

Harmonization on Sanctions

Severe punishmentStrict Liability PrincipleDisqualification from a particular competition and suspension from Future competition.Disqualification of results in the event during which an anti doping rule violation occursThe Burden of Proving the ViolationReducing or Eliminating Suspension in Exceptional Circumstancesprinciple of nulla poena sine culpaNeed for Flexibility

Page #

Harmonization on Sanctions

JDA

Page #

Harmonization on Sanctions

JDA

Page #

Sanction & Appeals

Organization of Committee

Page #

Sanction & Appeals

Appeal Committee

Sanction CommitteeHearing Panel

Organization of CommitteeDecisions

Page #

Sanction & Appeals

Arbitration Panel

Appeal CommitteeIndependence

FairnessSanction CommitteeHearing Panel

Compositions of Committee

Page #

Sanction & Appeals

(9) Arbitration Panel shall mean the impartial arbitrator or, where either Party elects in advance of the opening of the hearing in a matter, a tripartite panel so empowered and composed of the impartial arbitrator and two party arbitrators, one appointed by the Association, the other appointed by the LRD. The impartial arbitrator, who shall in all instances be designated as the Panel Chair, shall be appointed by agreement of the Association and the LRD. In the event the Association and the LRD are unable to agree upon the appointment of the impartial arbitrator, they jointly shall request that the American Arbitration Association furnish them a list of prominent, professional arbitrators. Upon receipt of said list, they shall alternate in striking names from the list until only one remains.The arbitrator whose name remains shall be deemed appointed as the impartial arbitrator. At any time during the term of this Agreement either the Association or the LRD may terminate the appointment of the impartial arbitrator by serving written notice upon him and the other Party; provided that no such termination shall in any way impair the authority of the impartial arbitrator to render awards with respect to matters fully submitted to him. Within 30 days of any such termination, the Association and LRD shall either agree upon a successor impartial arbitrator or select a successor from an American Arbitration Association list, as set forth above. Decisions of the Arbitration Panel shall be made by the impartial arbitrator or, where the panel is tripartite, by majority vote.

CBACompositions of Committee

Page #

Arbitration Panel

Appeal CommitteeDecisionsFinality

Resort to a court of law

Page #

Finality

(c) Notwithstanding the definition of Grievance set forth in subparagraph (a) above, Grievance shall not mean a complaint or dispute which involves the interpretation or application of, or compliance with the provisions of the first sentence of paragraph 3(c) of the Uniform Players Contract. However, nothing herein shall alter or abridge the rights of the Parties, or any of them, to resort to a court of law for the resolution of such complaint or dispute. Anything in the Grievance Procedure provided for in the Basic Agreement to the contrary notwithstanding, complaints or disputes as to any rights of the Players or the Clubs with respect to the sale or proceeds of sale of radio or television broadcasting rights in any baseball games by any kind or method of transmission, dissemination or reception shall not be subject to said Grievance Procedure. However, nothing herein or in the Grievance Procedure shall alter or abridge the rights of the Parties, or any of them, to resort to a court of law for the resolution of such complaint or dispute.

CBAResort to a court of law

Page #

Finality

CBAResort to a court of law

Page #

Thanks YouDoping Zero, Clean Pro-Sports

Page #