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WORLD ANTI-DOPING CODE By Michele Colucci www. colucci. eu - info@colucci. eu University of WORLD ANTI-DOPING CODE By Michele Colucci www. colucci. eu - [email protected] eu University of Illinois at Urbana Champaign Spring Semester 2008 1

Something to think about. . . “The goal of those involved in professional sports, Something to think about. . . “The goal of those involved in professional sports, Whitman says, is to win – now and at virtually any cost. The financial and social benefits gained from on-field success and the rapidly diminishing time window for athletes to achieve that success contribute to a modern sports culture that emphasizes the ends over the means – victory over integrity!” Josh Whitman, 2008 2

DOPING • Definition: the use and abuse of performance enhancing substances in elite sport. DOPING • Definition: the use and abuse of performance enhancing substances in elite sport. • Derivation: from the Dutch word “dop”, a beverage that Zulu warriors used prior to battle. • Term became current ~ start of 20 th century in reference to illegal drugging of racehorses 3

DOPING - History • Egyptian slaves fed elixirs (likely from khat • • leaves) DOPING - History • Egyptian slaves fed elixirs (likely from khat • • leaves) thought to relieve stress Slaves of the Incas worked better after chewing coca leaves A century ago, marathoners & cyclists used strychnine, and cyclists used caffeine, cocaine, and even alcohol for an advantage. 4

DOPING - History • 1928 – IAAF bans doping (use of stimulants) 1966 – DOPING - History • 1928 – IAAF bans doping (use of stimulants) 1966 – FIFA (football) & UCI (cycling) introduce drug testing at championships • 1968 – drug testing first used in Olympic Games • 1976 – IOC bans anabolic steroids • 1979 – testing for illegal drugs by IOC begins • 1986 – IOC bans blood doping • 1999 – World Anti-Doping Agency (WADA) founded • 2000 - first Olympics testing for EPO 5

Motivations for Use of DOPING • To enhance performance – Increased strength, endurance, alertness, Motivations for Use of DOPING • To enhance performance – Increased strength, endurance, alertness, aggression – Decreased reaction time, fatigue, anxiety, muscle tremor • Belief that others are using PES (performance enhancing substances) • Coping with pain and injury rehabilitation 6

Prevention of DOPING • Acknowledge that athletes use PES • Education about PES at Prevention of DOPING • Acknowledge that athletes use PES • Education about PES at all levels – Education of athletes, coaches, parents, public • Marketing to sell the concept of “clean” sports” and condemnation of PES use • Penalties – financial and no-compete • Appeal to Ethics • Attention to athlete’s non-sports issues 7

World Anti-Doping Agency WADA is responsible for: – The World Anti-Doping Program, including the World Anti-Doping Agency WADA is responsible for: – The World Anti-Doping Program, including the World Anti-Doping Code – Worldwide out of comp testing program – Research – Education and Ethics – Independent Observers 8

The World Anti-Doping Program Purpose: • To protect athletes’ fundamental right to participate in The World Anti-Doping Program Purpose: • To protect athletes’ fundamental right to participate in doping-free sport. • To ensure harmonised, coordinated and effective antidoping programs. 9

The WADA Code “The purpose of the Code is to ensure the fight against The WADA Code “The purpose of the Code is to ensure the fight against drugs in sport is intensified, accelerated, harmonised and unified. ” Dick Pound, WADA President – March 2003 10

Structure of the WADP • Level 1 – The “Code” itself • Level 2 Structure of the WADP • Level 1 – The “Code” itself • Level 2 - International Standards • Level 3 – Models of Best Practice 11

The Code • Harmonisation of doping rules will level the playing field. • Principles-based The Code • Harmonisation of doping rules will level the playing field. • Principles-based document. • Includes rules and responsibilities. 12

The Code PART 1 – DOPING CONTROL PART 2 – EDUCATION AND RESEARCH PART The Code PART 1 – DOPING CONTROL PART 2 – EDUCATION AND RESEARCH PART 3 – ROLES AND RESPONSIBILITIES PART 4 – ACCEPTANCE AND COMPLIANCE 13

International Standards • Standard for The Prohibited List. • Standard for Therapeutic Use Exemptions. International Standards • Standard for The Prohibited List. • Standard for Therapeutic Use Exemptions. • Standard for Testing • Standard for Laboratories. 14

Models of Best Practice • Being prepared by WADA & tailored to • • Models of Best Practice • Being prepared by WADA & tailored to • • stakeholder needs. Compliant with the Code and International Standards. Not mandatory - provide alternatives from which stakeholders may select. – Model Rules of Best Practice for IFs are available on the WADA website. 15

Acceptance of the Code – At the World Conference on Doping in Sport in Acceptance of the Code – At the World Conference on Doping in Sport in Copenhagen, 5 March 2003. – Accepted by all major sports federations, key stakeholders and 60 Government. – New Revised Code (entry into force: January 1, 2009) 16

Key Issues under the Code DOPING CONTROL • Anti-Doping Rule Violations • Mandatory Sanctions Key Issues under the Code DOPING CONTROL • Anti-Doping Rule Violations • Mandatory Sanctions • The List • Therapeutic Use • Athlete Whereabouts • WADA Clearinghouse 17

 Key Issues – the Code • The Definition of Doping – Anti-doping rule Key Issues – the Code • The Definition of Doping – Anti-doping rule violations: – ‘Current’ Violations (presence of, use, refusals): – New violations: • relating to athlete whereabouts. • Evasions • Admissions under ‘attempted use’ – Improved provisions for: • Trafficking, possession, administration etc. 18

SANCTIONS Basic sanctions for a 1 st and 2 nd offence –Mandatory 2 years SANCTIONS Basic sanctions for a 1 st and 2 nd offence –Mandatory 2 years and life unless exceptional circumstances apply. n ‘Exceptional Circumstances’ Provide for a sanction to be waived/reduced if no fault/no significant fault can be established. n Lesser penalties for ‘specified substances’ n. Sanctions for other A-D rule violations. n 19

ANTI-DOPING RULE VIOLATIONS & CORRESPONDING SANCTIONS CONSEQUENCES: –Positive Test Result –For Teams –PERIOD OF ANTI-DOPING RULE VIOLATIONS & CORRESPONDING SANCTIONS CONSEQUENCES: –Positive Test Result –For Teams –PERIOD OF INELIGIBILITY 20

VIOLATIONS & SANCTIONS • For Prohibited Substances and Methods: – The presence of a VIOLATIONS & SANCTIONS • For Prohibited Substances and Methods: – The presence of a prohibited substance or its metabolites in a specimen. – Use or attempted use, including admissions. – Possession. – First violation: 2 years – Second violation: lifetime, – However ‘exceptional circumstances’ clause may be invoked. 21

VIOLATIONS & SANCTIONS • For ‘Specified’ Substances: – Substances susceptible to ‘inadvertent doping’. – VIOLATIONS & SANCTIONS • For ‘Specified’ Substances: – Substances susceptible to ‘inadvertent doping’. – First violation: At a minimum, a warning and reprimand no period of ineligibility from future Events, and at a maximum, 1 year – Second violation: 2 years – Third violation: Lifetime – Exceptional circumstances may apply. 22

VIOLATIONS & SANCTIONS • Refusing or failing to commit to sample • collection, including VIOLATIONS & SANCTIONS • Refusing or failing to commit to sample • collection, including evasion. Tampering. – First violation: 2 years – Second violation: lifetime – Exceptional circumstances may apply. 23

VIOLATIONS & SANCTIONS • Trafficking • Administration of Prohibited Substances or Methods. • Assisting, VIOLATIONS & SANCTIONS • Trafficking • Administration of Prohibited Substances or Methods. • Assisting, encouraging, aiding, abetting, covering up – First violation: minimum 4 years up to a lifetime of ineligibility – Athlete support personnel who violate non-sporting laws may be reported to authorities. 24

VIOLATIONS & SANCTIONS • Failure to provide required whereabouts information • Missed tests which VIOLATIONS & SANCTIONS • Failure to provide required whereabouts information • Missed tests which are declared based on reasonable rules • May either be intentional or negligent conduct of the Athlete – First violation: minimum 3 months and at a maximum 2 years – Subsequent period established in anti-doping organisations rules 25

CONSEQUENCES OF A POSITIVE TEST RESULT • At competition and multi-race events • Automatic CONSEQUENCES OF A POSITIVE TEST RESULT • At competition and multi-race events • Automatic disqualification of the results • Disqualified from all events, eg at Olympics. • For teams • One team member in a Team Sport: Target Testing for the Event • More than one team member: subject to disqualification or other disciplinary action 26

PERIOD OF INELIGIBILITY • Starts on the date of the hearing decision, or if PERIOD OF INELIGIBILITY • Starts on the date of the hearing decision, or if justified at an earlier date, and athlete: • Should not participate in any capacity • Some or all sport-related financial support or other sport -related benefits withheld • Mutual Recognition • Available for out of competition testing • Provide whereabouts information 27

The Prohibited List • Single list, based on evidence and research. • 2 of The Prohibited List • Single list, based on evidence and research. • 2 of 3 criteria must be satisfied for inclusion. – Performance Enhancing – Pose unnecessary risk of harm – Violate the ‘spirit of sport’ • Exemptions are not permitted but IF can recommend additions to the basic List 28

 Key Issues Therapeutic Use Exemption • “Permission to use, for therapeutic purposes, drugs Key Issues Therapeutic Use Exemption • “Permission to use, for therapeutic purposes, drugs which are otherwise prohibited in sporting competition” 29

Therapeutic Use Exemption Standard • Mandatory • Criteria and process for TUE • Retrospectivity Therapeutic Use Exemption Standard • Mandatory • Criteria and process for TUE • Retrospectivity – emergency medical treatment • IF/NF Responsibilities 30

 • Athlete Whereabouts • Athletes are responsible for providing correct and accurate whereabouts • 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. 31

Other Key Points under the Code • Testing & Analysis • Results Management • Other Key Points under the Code • Testing & Analysis • Results Management • Right to a Fair Hearing & Appeals • National/international level athletes • Roles and Responsibilities • Acceptance and Implementation 32

Testing Standards • Ensure that athletes are tested in the same manner wherever they Testing Standards • Ensure that athletes are tested in the same manner wherever they are • Maintain the integrity, identity, and security of samples. 33

 Standards Testing Standards • Planning of testing • Selection of athletes • Notification Standards Testing Standards • Planning of testing • Selection of athletes • Notification of athletes • Sample collection • Transport of samples. 34

Standards Laboratory accreditation standard – Ensure a world wide system where results may apply Standards Laboratory accreditation standard – Ensure a world wide system where results may apply across boundaries. – Achieve uniform results and reporting standards. 35

Key Points • Results Management • Right to a Fair Hearing • Appeals 36 Key Points • Results Management • Right to a Fair Hearing • Appeals 36

Key Points National/International Level Athletes – Different requirements re: • TUEs • Registered Testing Key Points National/International Level Athletes – Different requirements re: • TUEs • Registered Testing Pools • Appeals 37

Clarification of Responsibilities • Coordination of Testing & Results – Event testing – only Clarification of Responsibilities • Coordination of Testing & Results – Event testing – only 1 organisation initiates and directs tests at events – Out-Of-Competition Testing – WADA coordinates • Mutual recognition – testing, TUE, hearings and appeals: recognised and respected by all signatories 38

EDUCATION & RESEARCH –Each anti-doping organisation should plan, implement and monitor information and education 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 39

 Roles and Responsibilities –Relationship between the NF & IF. • NF will interact Roles 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. 40

 Acceptance & Compliance • Acceptance and implementation of the Code • Each IF Acceptance & 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. 41

THE FIGHT AGAINST DOPING IN THE USA • The Mitchell report (December 2007). . THE FIGHT AGAINST DOPING IN THE USA • The Mitchell report (December 2007). . . beyond 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. 42

“In doping, the war is never won” Juan Antonio Samaranch former IOC president 43 “In doping, the war is never won” Juan Antonio Samaranch former IOC president 43