Overview of Major Changes to the 2015 World Anti-Doping Code NSO Meetings September 2014
In effect January 1, 2015 NADO, GOV and NOC must work together to ensure compliance with the 2015 Code. WADA to work with all stakeholders in transition to 2015 Code Rules (Models) Programs (Guidelines) Practice (Ongoing assistance and evaluation) 2015 Code
Tougher on the Real Cheats – 4-Year Ban Longer periods of ineligibility for real cheats Intentional doping is 4 years • Notion of “intention” – art. 10.2.3 • "Meant to identifythoseAthleteswhocheat" • Knew the conductconstituted an ADRV, or • Knewthattherewas a significantriskthat the conductmightconstitute or result in an ADRV and manifestlydisregardedthatrisk.
Tougher on the Real Cheats – 4-Year Ban Other cases – greater flexibility No SignificantFault Specified Substance Minimum: Reprimand Maximum: 2 years Contaminated Product Contaminatedproduct: “contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search”
Sanctions Criteria for determining length of ineligibility: Substance involved Type of anti-doping rule breached First or second offence Degree of fault Certain non-fault related factors Possibility of reduction in specific circumstances
Missed Tests or Filing Failures Article 2.4 The period to accumulate three Missed Tests or Filing Failures that can result in anti-doping rule violation has been reduced from 18 months to 12 months. Emphasis on collecting samples, not ‘strikes’ If an athlete is cheating, should be determined within 12 months Simplified coordination and administration
Article 2.10 Prohibited Association Association by an Athlete in a professional or sport-related capacity with any Athlete Support Personnel who: Is serving a period of ineligibility; or Has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules (disqualifying status shall be in force for the longer of 6 years from the decision or the sanction imposed) Is serving as a front or intermediary for an individual described above.
Athlete Support Personnel Explicitly bound by anti-doping rules Responsibility on NADOs, IFs, NOCs Requirement to have NFs bind their Athlete Support Personnel to the anti-doping rules Automatic investigation of Athlete Support Personnel if ADRV involves a Minor or they have provided support to more than 1 athlete who has committed an ADRV
Prohibited List Return to current List criteria after significant debate Two of three criteria must be met: Has the potential to enhance or enhances performance Actual or potential health risk to athletes Contrary to the spirit of sport Detection limits for marijuana increased through change to Technical Document in September 2013
Smart Testing Technical Document – Specific Analysis for Sports / Sports Disciplines All sports to have risk assessment process Analysis to be conducted by laboratories accordingly Additional analysis can be done Less analysis – only with WADA approval Effective, intelligent and proportionate Test Distribution Plan
Investigations & Substantial Assistance Investigations added into Article 5 (Testing) Increasing importance of investigations and use of intelligence ADO able to obtain, assess and process anti-doping intelligence from all available sources to inform TDP, to plan target testing, and to establish potential ADRV
Article 10.12.2 Athletes serving a period of Ineligibility may return to train or use club facilities during the shorter of: 1) the last two months of the Athlete’s period of Ineligibility; or 2) the last one-quarter of the period of Ineligibility imposed. Article 5.7 Athletes who retire while in a RTP shall provide six months notice before returning to competition. WADA, in consultation with the relevant IF and NADO, may grant an exemption where the strict applicability of the rule would be manifestly unfair. Other Changes
Other Changes Article 6.5 The opportunity for ADOs to conduct further analysis on samples and to store samples for future analysis has been clarified. Article 17 statute of limitations is now 10 years. Article 18 makes clear that educational programs should focus on prevention.
To monitor Code compliance by signatories In exceptional circumstances, to conduct Doping Controls To approve and define, in consultation with IFs, NADOs/NOCs and MEOs, testing and sample analysis programs To initiate its own investigations WADA’s Role (article 20.7)
Supportanti-doping programs Ensure National Federations, Athletes and Athlete Support Personnel are boundby anti-doping rules Withhold support to ‘those who are non-Compliant’ Cooperationwith all stakeholders Obligations to NOCs, GOVs and NADOs
INTRODUCTION DFSNZ has made these Rules under section 16 of the Sports Anti-Doping Act 2006 (the Act). The Code seeks to protect the fundamental rights of Athletes to participate in doping-free sport and to bring about the harmonisation of core anti-doping elements across Signatories to the Code. It is intended that National Sporting Organisations will agree to the Rules so that the Rules apply to their members and all Participantsas governing the conditions under which sport is played. The Sports Tribunal and any NSO Anti-Doping Tribunal established by a National Sporting Organisation to hear Violation Proceedings will function under the Rules when hearing Violation Proceedings. It is intended that National Sporting Organisations will agree to the Rules as their Anti-Doping Rules in order to implement the Code. By agreeing to the application of the Rules, National Sporting Organisations will agree that DFSNZ and the Sports Tribunal (or any NSO Anti-Doping Tribunal) can exercise all the functions and powers in the Act and the Rules.
INTRODUCTION National Sporting Organisations that have agreed to the Ruleswill take all reasonable steps to ensure that Participants under their authority are informed of their obligations under the Code and the Rules. National Sporting Organisations will(promptly) refer all information relating to possible Anti-Doping Rule Violations to DFSNZ. DFSNZ will review information obtained in any investigation and decide whether the information supports the bringing of Violation Proceedings.
From the Code – Responsibilities of IFs 20.3.5 To require each of its National Federations to establish rules requiring all Athletes and each Athlete Support Person who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in a Competition or activity authorized or organized by a National Federation or one of its member organizations to agree to be bound by anti-doping rules and Anti-Doping Organization results management authority in conformity with the Code as a condition of such participation. 20.3.6 To require National Federations to report any information suggesting or relating to an antidoping rule violation to their National Anti-Doping Organization and International Federation and to cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.
21.1 Roles and Responsibilities of Athletes 21.1.1 To be knowledgeable of and comply with all applicable anti-doping policies and rules adopted pursuant to the Code. 21.1.2 To be available for Sample collection at all times. 21.1.3 To take responsibility, in the context of antidoping, for what they ingest and Use. 21.1.4 To inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules adopted pursuant to the Code. 21.1.5 To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten years. 21.1.6 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.
21.2 Roles and Responsibilities of Athlete Support Personnel 21.2.1 To be knowledgeable of and comply with all antidoping policies and rules adopted pursuant to the Code and which are applicable to them or the Athletes whom they support. 21.2.2 To cooperate with the Athlete Testing program. 21.2.3 To use his or her influence on Athlete values and behaviorto foster anti-doping attitudes. 21.2.4 To disclose to his or her National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that he or she committed an anti-doping rule violation within the previous ten years. 21.2.5 To cooperate with Anti-Doping Organizations investigating anti-doping rule violations. 21.2.6 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
Outcome: Sport is Doping Free SPORT Serious Incidental Recreational Elite DOPING • Athletes are a variable coming into and out of our focus on a constant basis. • Doping (as defined by the List) is also a variable. • What is the real scope of our work and therefore what is it that we can really hope to impact on?
Test Planning • PRIORITY • Relative risk of doping between different sports • Importance to NZ • Performance level • Performance history • Whereabouts information • Stage of career • Recovering from injury • Science • Intelligence Test Distribution Plan: WHO, WHEN & WHAT to test • RISK • Physical demands • Potential benefits • Type of substance or method • History of doping • Doping trends • Intelligence • Sport season • Stage of career • Athlete Focussed • Unpredictable • No-Advance-Notice Testing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deterrence & Detection
DFSNZ Education Programme To increase the level of understanding and support for clean sport amongst athletes, athlete support personnel (ASP), medical professionals and the wider sporting community. Key education participants: • Athletes – Elite / “Pre-elite” • ASP – including parents, coaches, managers etc. • Medical professionals. DFSNZ Education methods: • Face to face education seminars • On-line seminars/modules and DFSNZ website • Outreach programmes • DFSNZ Resources. • Research
DFSNZ Education Programme As DFSNZ does not have direct contact with all potential education attendees we require a specific contact within each NSO: • As a point of contact for arranging education opportunities. Including retrieval of specific information regarding athlete level and previous experience • To develop a NSO specific annual education plan with DFSNZ support • To indicate opportunities where DFSNZ outreach programmes may be possible • To provide feedback to DFSNZ on education services. To implement: Development and communication of annual education plan with DFSNZ On-line seminar requests (www.drugfreesport.org.nz) On-line resource orders (www.drugfreesport.org.nz) DFSNZ education contact: Sian Clancy - Education Manager (09) 5820523 firstname.lastname@example.org
RESPONSIBILITIES DFSNZ - NSOs
RESPONSIBILITIES OF NSOs – Regulatory (summary only). • Adopt Rules in a manner which clearly satisfies your constitutional requirements – “Rules”/”Policy”. Provide notice to DFSNZ as to when and how that was done. • Ensure members are informed of; the Rules, the changes in 2015, and their associated responsibilities. (DFSNZ to supply sample draft for newsletters etc.) • Bind people who may not clearly be members into the Rules e.g.: • Athlete support personnel • People from associated sports/disciplines • Entrants in “open” events. • Those coming from competition outside the Code e.g. professional leagues. • Report all information which may indicate possible doping activity promptly to DFSNZ. • Require co-operation of “participants” in testing and investigations.
RESPONSIBILITIES OF DFSNZ - Regulatory Maintain the Sports Anti-Doping Rules so that they remain compliant with all “Code” requirements. Advocate for Rules which best meet the needs of the New Zealand Sporting community. Consult with NSOs around all key documents and notably on submissions to WADA re the Prohibited List and other Code related documents. Provide general guidance to NSOs around compliance matters. Note that DFSNZ will not provide “legal advice” to NSOs.
RESPONSIBILITIES OF NSOs – Testing & Investigations Assign (and include in the job description) a staff member to be responsible for ensuring compliance with the Rules and for ongoing liaison with DFSNZ. Include anti-doping responsibilities (as part of role description) for key support personnel e.g. coaches, managers and officials. Provide information to DFSNZ about significant competitionsand/or training camps, with as much notice as possible. Advise national team selections as appropriate. Advise DFSNZ as soon as practicable, of any international events where the international federation may require (user pays) testing to be conducted. Cooperate with requests from DFSNZ for information. Support DFSNZ in the application of the Athletes’ Whereabouts Programme and other matters requiring athlete cooperation. Have protocols in place in the event of an alleged Anti-Doping Rule Violation.
RESPONSIBILITIES OF DFSNZ – Testing & Investigations Conduct a professional, Code compliant anti-doping programme which is at or near the benchmark of world best practice. Conduct an anti-doping programme that recognises the demands placed on athletes and others and seeks to, where possible, minimise the impact of those demands. Consult with NSOs over matters which impact on their athletes and/or their sport in general (while retaining autonomy over final decisions). Provide guidance and best practice advice to NSOs, to assist their understanding of and compliance with anti-doping responsibilities. Consider and investigate, as appropriate, all information it receives relating to potential doping activity.
RESPONSIBILITIES OF NSOs - Education • Accept responsibility of ensuring that participants who are likely to encounter DFSNZ activities understand the requirements. • Inform all members of Rules and changes in 2015. Provide periodic reminders via website, newsletters etc. • Develop an annual education plan which will identify at least: • Opportunities to educate; • Development /academy athletes – and their parents. • Elite athletes • National teams. • Distribution of annual resources to those who need them both at the start of the year and as needed e.g. pre-event. (order additional as necessary) • Opportunities for “Outreach” at significant development and other events. • 4. Generally take a proactive role in; • informing membership on anti-doping matters • reinforcing the need to provide all information to DFSNZ • utilising publications and releases from DFSNZ.
RESPONSIBILITIES OF DFSNZ - Education Generally - provide; accurate, targetted and timely information and resources via a variety of media. Provide a website with dedicated NSO section which provides access to all relevant information. Provide seminars to high priority groups to coincide (whenever possible) with key opportunities. Provide seminars to lower priority groups as resources allow. Provide high quality on line learning opportunities for participants who can not attend seminars. Provide an “Outreach” presence at priority events. Provide information services which enable quick and accurate checking of medications and advice on supplements.