Anti Doping Measures in Sports Law

What is ”doping”?

The presence of a Prohibited substance or its Metabolites or Markers in a Player's bodily specimen

Use or attempted use of a Prohibited substance or Prohibited Method

Possession of Prohibited substances or methods Trafficking in any prohibited substance or method Administration or attempted administration of a Prohibited

Substance or method to any player, or Assisting, aiding or any other type of complicity involving

an anti-doping violation

Reasons for doping

Performance enhancement – Upstream and downstream drugs

Enhances the aerobic metabolism of the athlete – increases stamina

Increase the protein synthesis of the body – e.g. Weightlifters and bodybuilders

Pain-killers

Athlete

For purposes of Doping Control , any Person who participates in sport at the international level (as defined by each International Federation) or national level (as defined by each National Anti -Doping Organization) and any additional Person who participates in sport at a lower level if designated by the Person’s National Anti -Doping Organization. For purposes of anti-doping information and education, any Person who

participates in sport under the authority of any Signatory, government, or other sports organization accepting the Code.

Athlete Support Personnel

Any coach, trainer, manager, agent, team staff, official,

medical or para-medical personnel working with or treating Athletes participating in or

preparing for sports Competition.

World Anti-Doping Agency

Established in 1999 Released anti-doping code in 2003 Maintains Prohibited list of Substances Accepted by 193 countries (including India)

under the UNESCO International Convention against Doping in Sport

Slogan is: ”Play True”

World Anti-Doping Agency

To protect the Athletes' fundamental right to participate in doping-free sport and thus promote health, fairness and equality for Athletes worldwide, and

To ensure harmonized, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping.

List of Prohibited Substances and Methods

Criteria for putting substance or method on the list are:

Potential for performance enhancement Risks to health And violates the spirit of sport

National Anti-doping agency

Possesses the primary authority and responsibility to adopt and implement Anti-Doping rules

Directs the collection of samples The management of test results and the conduct of hearings

all at the national level.

Recent doping case

Girls' 4x100m relay team tested positive for steroids.

Ukrainian coach sacked. Girls expelled from national camps.

Contaminated ginseng purchased in China found to be the cause.

Year's sanction ending in June 2012 given to them.

IAF filed an appeal in CAS.

Court of Arbitration for Sport

Based in Lausanne, Switzerland The Supreme Court of Sports law in the world. Administered by the International Council for

Arbitration in Sport Consists of an Ordinary Arbitration Division and

an Appeals Arbitration Division

National Sports Development Bill,2011

Bill's main objectives are to: Implement anti-doping measures Sets Up Indian Court of Arbitration in Sport Deal with Sexual Harassment and Age-fraud Gives legal recognition to National Sports

Federations Recognises NSFs and Sports Promotion

Boards as 'public authorities' under the RTI Act,2005

Sanctions for anti-doping violations

Disqualification in event during which an anti-doping regulation violation occurs

Imposition of ineligibility for Prohibited methods and prohibited substances

Depending on the nature of the violation, whether it was a first time offence or not, etc. The term of disqualification can be one/two years, 4years, or life-time ineligibility

Strict Liability standard

Draconian? The principle of strict liability means that a

doping violation occurs when the banned substance is found in the athlete's body.

Duties of Athletes to prevent doping in sports

To keep themselves updated on the prohibited list of substances.

To send samples of any medicines, dietary supplements, etc., to the laboratory for testing.

To keep the NADA updated on their whereabouts for random checks.

To apply for Therapeutic Use Exemptions in unavoidable circumstances.

Defences available to athletes

No Fault or Negligence No Significant Fault or Negligence Athlete's Substantial Assistance in discovering

or establishing anti-doping rule violations by Athlete Support Personnel and others

Admission of Anti-doping rule violation in absence of other evidence

Burdens & Standards of Proof

NADA has the burden to prove that a anti-doping violation has occurred. Standard of proof required is greater than mere balance of probability but less than proof beyond reasonable doubt.

For athletes and such other persons, the standard of proof required shall be by a balance of probability.