Anti-Doping Law

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11 Terms

1
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The Purpose of WADA Code

  • To protect the athlete’s fundamental right to participate in doping-free sport and thus promote health, fairness, and equality for athletes worldwide.

  • To ensure harmonised, coordinated and effective anti-doping programs at the international and national level.

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2.1. Presence of a Prohibited Substance or its Metabolites or Markers in an athlete’s testing sample

  • It is the Athletes’ personal duty to ensure that no Prohibited Substance enters their bodies.

  • Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples.

  • Accordingly, it is not necessary that intent, Fault, Negligence or knowing use on the Athlete’s part be demonstrated in order to establish an anti-doping rule violation under Article 2.1.

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8 violations considered doping under the Code

  • presence of a prohibited substance in an athlete's sample

  • use of a prohibited substance or method

  • evading, refusing or failing to submit a sample collection

  • failure to file whereabouts and missed tests

  • tampering or attempted tampering with any part of the doping control process

  • possession of a prohibited substance or method

  • trafficking or attempted trafficking in any prohibited substance or method

  • administration or attempted administration to an athlete of a prohibited substance or method, including assisting, encouraging, aiding, abetting or covering up an anti-doping rule violation

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Ratio Legis of Strict Liability

"Ratio legis" refers to the reason or purpose behind a legal rule. Here, strict liability is applied to ensure fairness in sports and combat doping effectively.

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Inevitable Influence on Sporting Results

Strict liability ensures that any use of banned substances, intentional or unintentional, is addressed because such substances can unfairly influence the outcome of competitions.

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Efficient Fight Against Doping

Strict liability eliminates the need to prove intent, making the anti-doping process quicker and more effective.

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Objective and Subjective Elements of Athlete Liability

  • Objective (Material) Element: the factual element of the case

  • Subjective (Moral) Element: this considers the athlete’s level of fault or negligence

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Burden of Proof

The burden of proof refers to who is responsible for proving that a doping rule violation has occurred.

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Who Bears the Burden?

  • The Anti-Doping Organisation carries the burden of proving that an anti-doping rule violation took place.

  • If the athlete or accused individual seeks to rebut or challenge the allegation, the burden may shift to them.

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Standard of Proof: for ADO

  • The ADO must prove the violation to the "comfortable satisfaction" of the hearing panel.

  • This standard:

    • Is higher than the "balance of probabilities" used in civil law.

    • Is lower than the "proof beyond a reasonable doubt" used in criminal law.

  • Why?

    • Doping allegations are serious and can have significant consequences for athletes, so the standard needs to be rigorous but not as strict as in criminal cases.

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Standard of Proof: for Athlete

  • When the burden shifts to the athlete, they must prove their case based on the "balance of probabilities" (can can xac xuat) standard.

  • This means:

    • The athlete must show that it is more likely than not (i.e., >50%) that their claim is true.

  • Example:

    • An athlete claiming accidental ingestion of a prohibited substance (e.g., contaminated supplement) must provide sufficient evidence to make their explanation plausible.