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CODE IMPLEMENTATION

SUPPORT PROGRAM

Major changes to the World Anti-Doping Code

The 2021 Code comes into force on 1 January 2021

Signatories (you) will need to have new anti-doping rules in place by then

You should also have updated your anti-doping programs

Context

Is to help you implement the 2021 Code and ISs

We will try to keep things as simple as we can

We know anti-doping is complex which is why we have developed resources to help you

Our goal• You should make sure you have

read the 2021 Code and the ‘Summary of Changes’ document too

• All official regulatory documents can be found on WADAs website.

WADA’s regulatory documents are available on the Agency’s website.The material that WADA provides on its ADeL platform is intended for educational and informational purposes only. Any content or language used within the ADeL material would not supersede the provisions of the World Anti-Doping Code and/or the International Standards.

We will look at Overview

Anti-Doping Rules

Anti-Doping Rule Violations

Education

Prohibited SubstancesSamples

Dealing with cases

Sanctions

Consequences

Part 1Part 2

The main changes to the 2021 Code will be presented in 2 parts;

This is Part 2;• Samples• Dealing with cases • Sanctions• Consequences

Changes are presented by theme and not by Article number.

Our guide

C H EGNACommunicate

with othersHelp is

availableAmend

something you should

already have or should already be

doing

New thing to do

Good to know Establish something

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Samples

7

You may use other organizations for anti-doping activities such as testing

If you do, remember that you are still responsible

Any external organization you use should report any non-compliance issues to you

2021 Code

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2021 Code – to do

C Communicate to external providers that you need to be made aware of any non-compliance issues

Amend any contracts you have with suppliers so that they must report non-compliance issues to you

A

One sample can now be split for analysis, so you can preserve the remaining sample

If you do this you must contact the Athlete and ask if they want to observe the splitting of the sample

If you can’t contact the Athlete then have an independent person to observe the splitting of one sample or the opening of the B sample

A list of other Prohibited Substances can now be reported by the lab as an atypical finding (ATF)

2021 Code

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2021 Code – to do

C Communicate to Athletes effected that they can observe the splitting of the sample

Establish who could be your independent observer

E

N New investigations required when ATFs are reported by the Lab

C Communicate to those who do results management and investigations that additional substances can trigger an ATF

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A positive sample can be reanalyzed many times but once the Athlete has been notified of the AAF you must get their consent or consent from the Hearing panel to do so

A negative sample can be reanalyzed by you, WADA or another ADO who has jurisdiction over the Athlete but they must get permission first

2021 Code

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2021 Code – to do

C Communicate to those who do investigations that they can reanalyze samples when needed

Establish a policy on reanalysis and a process to gain consent to do so, including who would ‘give permission’ to another ADO to do the reanalysis

E

C Communicate to Athletes that even if they return a negative test their samples can be reanalyzed in the future

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Data from samples or other anti-doping information can be used for research purposes and to help improve anti-doping procedures

All information used for these purposes must not identify the Athlete

WADA can take possession of samples, data and anti-doping information

2021 Code

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2021 Code – to do

C Communicate to Athletes that their samples can be used for research with their consent, and that samples and anti-doping information can be used for research or to help improve anti-doping methods when certain conditions are met

A

E

Amend any guidance to Athletes and ASP that their samples and data can be shared with WADA

Establish a data privacy policy that meets the ISPPPI and ISTI

1515

Dealing with cases

15

What is ‘intentional’? Now it does not matter if the

Athlete, ASP or Person knew what they were doing was an ADRV

If they meant to do the act and ignored any risks then it is ‘intentional’

2021 Code

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C Communicate to Athletes, ASP and other Persons that they can be sanctioned, even if they did not know their act was an ADRV

C Communicate to those responsible for results management the revised definition of intentional

Amend any information or education resources for Athletes

A

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If you have a case and the jurisdiction then you need to do results management

If you refuse you may be deemed non-compliant

WADA can demand you to do results management

And if you still refuse WADA can ask another ADO to do so - you may have to pay the

associated costs

2021 Code

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2021 Code – to do

C Communicate to your Government or Board that you must do results management and that there is a risk of unknown costs if you don’t

E

H

Establish the required resources and protection so you can conduct results management when needed

Help is available – check out the IS for Results Management –that tells you what to do

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Burdens – If there is a mistake in anti-doping procedures such as;- testing procedures- dealing with ABP flags- Whereabouts failures - failing to tell an Athlete about

the opening of the B sample …then it’s up to you to prove it

did not cause the ADRV

2021 Code

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2021 Code – to do

C Communicate to those who do results management that if the IS has not been followed they need to consider (and be prepared to argue) that the mistake could not have caused the ADRV

N New thing to do is to gather evidence that helps to establish that any breach in procedures did not cause the ADRV

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• If a provisional suspension is given this must be recognized by other ADOs and Signatories

• If an Athlete trains or competes when they are provisionally suspended they will not get credit for any time served

2021 Code

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2021 Code – to do

E Establish a mechanism to inform the relevant National Federation that the Athlete has been provisionally suspended

C Communicate to Athletes, ASP and other Persons that they should not train or compete while provisionally suspended

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You may discover a 2nd ADRV when you are already dealing with a case

If the 2nd ADRV happened more than 12-months before the first they must be treated as separate cases

The ADRV that occurred first (not discovered first) becomes the 1st

violation

2021 Code

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2021 Code – to do

G Good to know how to deal with a prior ADRV when already dealing with a case – this may be useful if you are reanalyzing stored samples and discover another ADRV as an example

C

C Communicate to Athletes, ASP and other Persons that they may face 2 cases and 2 separate sanctions

Communicate to those who do results management the 12-month time period

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Hearing panels must be independent

This means that the same person cannot do results management, investigate the case, prosecute the case, and sit on a Hearing Panel

2021 Code

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2021 Code – to do

E Establish an independent Hearing Panel – you may need help from your Government

A

C Communicate to Athletes, ASP and other Persons that they have a right to an independent hearing

Amend any procedures you have to ensure you can effectively build a case knowing that your evidence will be assessed by an independent panel

A sanction starts on the date of the decision The individual may have served some of their ban from sport by the

time the decision is final (provisional suspension) Sometimes individuals may try to delay a Hearing and receiving a final

decision - because delays could mean that the start date of a ban is backdated

and therefore the length of the sanction could almost be over/already served by the time the Hearing Panel has made their decision

It is now for the Athlete, ASP or Person to prove that any delays were not their fault or their sanction may start at a later date

2021 Code

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2021 Code – to do

A Amend your notice of charge letter to explain the consequences of delaying a Hearing

C Communicate to Athletes, ASP and other Persons that they should not unnecessarily delay going to a Hearing and that if they do, it may impact when their sanction starts

No additional sanctions for an ADRV can be added by an ADO- ADOs can have ‘other’ rules for safety, medical or conduct and

punish accordingly- These ‘other’ rules cannot be included in your anti-doping rules but

may be referenced- And samples collected for anti-doping purposes can also be used to

check or enforce these ‘other’ rules – as an example to monitor transgender eligibility or check alcohol levels

2021 Code

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2021 Code – to do

E Establish an independent Hearing Panel – you may need help from your Government

A

C Communicate to Athletes, ASP and other Persons that they have a right to an independent hearing

Amend any procedures you have to ensure that you can effectively build a case knowing that your evidence will be assessed by an independent panel

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Sanctions

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Sanctions or consequences apply worldwide and must be recognized globally and in all sports

This means it cannot be specific to any sport or any country/region MEOs decisions and consequences are an exception – the

consequences only apply to the Major Event if the only appeal opportunity is through a fast-track in-Games process- These cases will then go to the IF to follow up

2021 Code

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2021 Code – to do

A

C Communicate to Athletes, ASP and other Persons that any sanction they receive will be recognized globally and in all sports

Amend any procedures you have for your Country if they limit how consequences are applied

C Communicate to Athletes and ASP that any Games-time consequences may be applied beyond the Games and that their IF will decide

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Tampering, refusal is a 4-year ban - in exceptional circumstances this can be reduced to between 2-4 years

Complicity – maximum 2 year ban now increased to 2-years to a lifetime ban

Aggravated circumstances – can increase the ban by 0-2 years

2021 Code

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2021 Code – to doA

C Communicate to Athletes, ASP and other Persons the new sanctions for these ADRVs and that a ban can be increased by up to 2 years

Amend any information or education resources to show the new sanctions

Admitting an ADRV within 20 days of the Notice of Charge can reduce the consequences by 1-year

A Case Resolution Agreement (CRA) can be agreed between you, the Athlete/ASP/Person and WADA to determine the sanction

This cannot be changed by a Hearing Panel or appealed And when agreeing the CRA, information (substantial assistance) can

be provided under a ‘Without Prejudice Agreement

2021 Code

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2021 Code – to do

G Good to know that there is a benefit to admitting the charge and may save time and money by not having a Hearing

E

C Communicate to Athletes, ASP and other Persons the benefits of admitting an ADRV and sharing their experiences/giving information

Establish ways to hear, record and store information given by an Athlete/ASP/Person

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Substantial assistance can also include information about non-compliance or sport integrity violations

When information is given, you can offer not to publicly disclose the sanction, but WADA must agree to this

In exceptional circumstances and when a proper legal analysis has been conducted you don’t have to publicly disclose if it is against your national laws

2021 Code

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2021 Code – to do

E Establish a way to gain agreement with WADA to not publicly disclose a sanction

A

C Communicate to Athletes, ASP and other Persons the benefit of providing information if they are found to have committed an ADRV

Amend any guidance you have on substantial assistance to include this benefit of providing information

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IOC/IPC/IFs can exclude Athletes from a country participating in a competition for failing to implement Code compliant anti-doping rules

They must also take action when a member is deemed non-compliant because they did not implement the rules

2021 Code

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2021 Code – to do

E Establish internal procedures to take action when a member is deemed non-compliant

C

C Communicate internally the seriousness of dealing with compliance related matters and the potential impact on elite sport in your country

Communicate to NOC/NPC and Governments that national teams could be excluded from a Games if the ADO is deemed non-compliant

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Minors or ‘Protected Persons’ do not have to show how a Prohibited Substance entered their body and the minimum sanction is a reprimand

Elite Athletes who are 16 and 17-years old do not benefit from the above

You do not have to publicly disclose sanctions of minors (including elite 16 and 17-year olds) and Protected Persons

2021 Code

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2021 Code – to do

E Establish internal procedures to deal with Minors and Protected Persons appropriately – you could include adequate safeguarding practices too

A Amend any information or education resources you have for minors – you could also include information on the protection of Minors, for Parents

C Communicate to elite Athletes who are minors how the anti-doping rules effects them

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You do not have to test Recreational Athletes but if you do then you can apply the same flexible sanctions as Protected Persons

NADOs must decide who is a Recreational Athlete

It cannot include any Athletes who were; an international- or national-level Athlete, in a RTP, or who has represented their country in the last 5 years

2021 Code

45

2021 Code – to do

E Establish policies and procedure for anti-doping programs for recreational Athletes, including how you define who is a recreational athlete

N New to do – if you include recreational athletes in your anti-doping program develop education programs and ensure access to relevant information

C Communicate to recreational athletes the rules and processes that affect them

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Consequences

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To appeal a decision, evidence and legal arguments must be submitted that are new to the case – new ADRVs can be raised

At national-level, appeals can be made to CAS if the national appeal body is not fair, impartial, and operationally and organizationally independent

Prize money can be collected by an ADO and

2021 Code

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2021 Code – to do

E Establish an appeal body that is independent and can act fairly and impartially – you may need Government assistance

E Establish procedures to collect and redistribute prize money to entitled Athletes

C Communicate to Athletes they may have to give back prize money, and share with National Federations/MEOs, what can happen and how they can help in such cases

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The 2021 Code sets global rules and principles for how we collectively protect Clean Sport – the prevention of Doping is everyone's job.