Introduction
Anti-doping regulations in India are governed by the National Anti-Doping Agency (NADA), whose responsibilities are provided by the World Anti-Doping Agency (WADA) Code[1] (revised in 2021). The Code disciplines all sports across the world. On the basis of the WADA code, National Anti-Doping Rules 2021[2] have been revised. The NAD rules represent the worldwide consensus of various stakeholders as to what is required to safeguard and maintain a fair sport. The rules are divided into 24 Articles. This article aims at highlighting some of the more important provisions. Read on!
Circumstances and conduct constituting anti-doping rule violations
Article 2 lays down the circumstances and conduct that lead to the violation of anti-doping rules. Doping is defined as the occurrence of one or more following violations:
1. Where an Athlete’s sample shows the presence of a prohibited substance or its Metabolites or Markers.
In this situation, the demonstration of fault, intent, and negligence is not necessary for the establishment of a violation of an anti-doping rule. Thus, ensuring that a prohibited substance is not entered into the body becomes the responsibility of Athletes.
2. Where an Athlete uses or attempts to use a prohibited substance or method
The limitations discussed in the first violation are applicable under this provision as well. Furthermore, under this framework, it does not matter whether the use or attempted use of a prohibited method or substance results in a failure or success. The fact that such use or attempted use was there is sufficient for it to be considered as a violation of an anti-doping rule.
3. Where an Athlete or Athlete Support Person is found to be in the possession of a prohibited substance or method
An Athlete or Athlete Support Person may be found to be in possession of a prohibited substance or method in-competition or out-of-competition. In such a situation, it must be established that the possession is in in accordance with the grant of a Therapeutic Use Exemption (TUE) or any other valid justification may be given.
4. Where there is an attempt of trafficking or actual trafficking of a prohibited substance or method by an Athlete or any other person.
5. Where there is an attempted or actual administration of an Athlete or other person to any Athlete in-competition or out-of-competition of any prohibited method or substance.
6. Where an Athlete evades, refuses, or fails to submit the required sample collection.
For this situation to be constituted as a violation, the act has to be one without justification and only where the person fails to comply with sample collection after getting notification by an authorized person or regulating body.
7. Where there is whereabouts failures by an Athlete
This provision refers to failure of the Athlete to file complete and accurate whereabouts so that he or she can be located at all the times for testing.[3] Missed test is a failure to be available for testing by an Athlete.[4] Any combination of three tests (filing failure and/or missed tests) within twelve months by an Athlete whose name is mentioned in the Registered Testing Pool leads to a violation and the athlete can be penalized accordingly.
8. Where an Athlete or any other person attempts to tamper or tampers with any part of doping control
Tampering can be defined as a conduct that is done intentionally for subverting the doping control mechanism. It shall include but not limited to the following acts done by an athlete:
- Accepting to offer or offering a bribe for performing an act or failing to perform it
- Preventing sample collection
- Affecting or making it impossible to analyze a sample
- Forging the submitted documents to any organization or committee relating to anti-doping.
- Obtaining false testimony from witnesses
- Any other fraudulent conduct and any other attempted or intentional interference with any of the aspects of doping control.
9. Where there is attempted complicity or actual complicity by an Athlete or any other person. Complicity can include acts like assisting, abetting, aiding, encouraging, or covering up and other similar acts which are intended or attempted.
10. Where the Athlete associates himself with an Athlete Support Person at a time when association with that person has been prohibited.
It might be possible that an Athlete Support Person:
- Might be serving an ineligibility period subjecting to the authority of an anti-doping organization or
- After clearing eligibility guidelines might have been convicted or found to be engaged in such conduct through a disciplinary, professional criminal proceeding, not subjecting to the authority of an Anti-Doping Organization.
- Serving for an Athlete as a front or intermediary in any of the above two cases
If an Athlete associates himself with an Athlete Support Person who falls under any of the above three discussed conditions along with a disqualification status for more than six years, then it would amount to a violation by that Athlete.
As per Article 10, an Athlete serving a period of ineligibility longer than four years, after completing those four years can participate in sports events held at a local level but that should not be sanctioned or should not be under the authority of a Code Signatory or member of a Code Signatory. It is also to be noted that the particular sports event should not involve:
- The qualification of the Athlete or addition of points towards a national or international sports event.
- Any person, including the Athlete who is working in any capacity with the protected persons.
11. Where Athlete or any other person does any act that discourages a person from reporting to authorities or where retaliation is done against a person has reported to authorities
A person may in good faith report or may want to report to authorities, information relating to:
- A violation of an alleged anti-doping rule.
- Non-compliance with the Code to any person or body relating to Anti-Doping organization or WADA.
If such a person has been discouraged or threatened from reporting or retaliated after reporting, then it would amount to a violation. It would amount to violation even when any of the acts have been done because of the reporting not being done on good faith basis or there has been a disproportionate response of the same.
The Prohibited List
Article 4 provides provisions relating to the prohibited list. The prohibited list is the list containing all the prohibited substances and methods that are construed as doping (because of their potential of increasing future performance of an Athlete), both out-of-competition, and in-competition and those which are prohibited in-competition specifically.
It is the responsibility of all Athletes and other individuals to become familiar with the most recent version of the prohibited list, as well as any modifications made under it. Substances of Abuse that may lead to sanctioning on an individual athlete are also mentioned on the prohibited list (as they are frequently abused in society outside of the context of sport).
The only exceptions that are provided to an Athlete under the list are the Therapeutic Use Exemptions. The exception is granted according to the International Standard for Therapeutic Use Exemptions. A Therapeutic Use Exemption (TUE) is a legal document that allows an athlete to use a drug that is normally forbidden for the treatment of a valid medical condition.[5]
Testing and investigation
Provisions of testing and investigation have been mentioned under Article 5. To know whether an Athlete has committed any of the first two violations or for any other anti-doping purpose, testing shall be undertaken for obtaining analytical evidence.NADA shall have in-competition and out-of-competition testing authority over all Athletes.
During the time period of the sports event, testing shall be conducted by a single organization. The testing shall also conform to the provisions of the International Standard for Testing and Investigations and the specific protocols of NADA supplementing that International Standard.
The events that take place can be divided into two levels, first at international level and second at Indian level. The former events if organized in India, the authority to conduct testing lies with the international organization. In the latter events, NADA has the authority for conducting testing. For achieving maximized efficiency of testing and for avoiding the repeated tests, testing shall be done by NADA in coordination through The Anti-Doping Administration & Management System (ADAMS), wherever possible. The Anti-Doping Administration and Management System (ADAMS) is a Web-based database management system that streamlines the anti-doping system’s everyday operations for all stakeholders and athletes.[6]
Athlete Whereabouts Information
Whereabouts information of an athlete shall remain confidential and is mandated to be used by NADA only for the purposes of:
- Conducting, planning, and coordinating Doping Control
- Supporting investigation in case of a possible violation of anti-doping rule
- Supporting proceedings where an Athlete faces violation of anti-doping rule
- Providing information relevant to the Athlete Biological Passport or other analytical results
Names of the athletes whose whereabouts information is needed to be collected shall be included in the Registered Testing Pool. This list has to be made available by NADA through ADAMS. An athlete has to be informed as per the International Standard for Testing and Investigations before being added to the testing list.
Analysis of samples
Provisions relating to the analysis of samples have been mentioned under Article 6. According to this Article, analysis of samples along with other analytical data or doping control information shall be done only in WADA-accredited laboratories or laboratories otherwise approved by WADA and determined exclusively by NADA, for the purposes of:
- Detecting prohibited substances or methods as discussed above
- Assisting NADA in setting parameters for Athlete’s blood, urine, or other matrix
- Any other legitimate purpose relating to anti-doping
If the sample tests negative or anti-doping violation charge has not occurred, it may be stored for analysis of further data for the above purposes or there can be a further analysis on a stored sample by an Anti-Doping Organization with the permission of Anti-doping organization. NADA require laboratories to evaluate samples in accordance with Article 4.7 of the International Standard for Testing and Investigations and the International Standard for Laboratories. It is to be noted that there is no bar to the number of times an athlete shall be tested. Thus, a repeated or additional analysis can take place, prior to or during the results management. Such an analysis can also take place after the results management, but with the consent of the Athlete or approval from a hearing body.
WADA or its authorised laboratory may decide to divide an A or B Sample, with the first half of the split Sample being used for A Sample analysis and the second part being used for confirmation. The procedures outlined in the International Standard for Laboratories must be followed in this scenario.
Results management
Provisions relating to results management are mentioned under Article 7 and 8.
Resolving anti-doping rule violation
Under the Anti-Doping Rules, results management creates a mechanism for resolving the matters relating to anti-doping rule violations in a fair, timely, and efficient manner. Some of the important points pertaining to it are discussed as follows:
- The responsibility and governance of the Results Management shall lie with the procedural rules of the Anti-Doping Organization that conducts and directs sample collection at the initial stage.
- The notification and review regarding violation of any potential anti-doping rule shall be carried out by NADA according to the International Standard for Results Management.
- Before issuing the notice of violation to an Athlete or any other person, NADA shall first contact ADAMS and WADA, along with other relevant anti-doping organizations for determining if there is the existence of any prior violation by such person.
- Provisional suspensions on violation of a rule include mandatory provisional suspension and optional provisional suspension.
Right to fair hearing and notice of the hearing decision
The person accused of violation of an anti-doping rule shall, within a reasonable time, be provided with a fair hearing. For the same, an independent hearing panel shall be set up in compliance with the International Standard for Results Management and the Code. For fair Hearing, the panel shall have no interference from NADA or any third party.
The responsibility of ensuring the setting up of the panel in a proper manner lies with NADA. Sufficient background and experience in sports are the criteria for choosing members of the panel and after selection, in the case they are hearing; they shall not have previously examined any results management decision, appeals, or TUE application.
Provisions dictate that the Chairman or Vice Chairman of the Governing body of NADA shall appoint a Convenor and a Co-Convenor and nominate a pool of hearing panel members which shall comprise of 5 legal members, 5 medical practitioners, and 5 members who have prior experience of being a sports administrator or an Athlete. The former two categories of members shall have a standing of not less than 5 years. The tenure of each member in the third category shall be two years.
Hearing process
The Anti-Doping Disciplinary Panel has the authority to hear and decide whether an athlete or other Person who is subject to these Anti-Doping Rules has committed an anti-doping rule violation, as well as to impose appropriate Consequences, if applicable. The notification of a potential violation of an anti-doping rule is given to the Athlete or any other person through a notice by NADA, wherein the following two situations may arise:
When the hearing is not waived by Athlete or any other person
In this situation, the case has to be referred to the Co-Convenor or Convenor who, for hearing and final decision in the case, has to decide the disciplinary panel’s composition (three independent persons). The composition may change as per the evidence and nature of the charge. A written decision regarding all information relating to consequences is issued when the hearing ends.
When hearing is waived by the concerned person or automatically waived after the lapse of specified time
On receiving a notice by NADA, an athlete or any other person against whom charges have been filed may expressly waive the right to a hearing. By doing this, the concerned person agrees to face the consequences proposed by NADA. In a situation where the athlete under scanner has failed to dispute the charges within the time specified in the notice, it leads to an automatic waiver of the notice along with which, it is also deemed to be an acceptance of the consequences proposed along with admitting the violation.
In these situations, there is no need for a hearing, and NADA issue a written decision of the information relating to consequences to the concerned person. These decisions can be publicly disclosed and the right to appeal exists in all the situations discussed above. A single hearing at CAS might also take place with respect to the assertion of violations against International-Level Athletes, National-Level Athletes or other Persons may, with the consent of the Athlete or other Person, NADA and WADA.
Consequences of violation of anti-doping rule
Article 10 mentions provisions relating to sanctions on individuals, where the consequences to individual on violation of an anti-doping rule are discussed.
Consequences to the individual
An anti-doping rule violation occurring during or in connection with an event may result in the disqualification of all of the Athlete’s individual results obtained in that Event, as well as all consequences, including the forfeiture of all medals, points, and prizes, as determined by the ruling body of the Event.
For any of the circumstances discussed that lead to violations, the Athlete has to face an ineligibility period of a minimum of four years, or two years depending upon the factors including but not limited to intention, purpose, and when and how the violation occurred. An additional period of ineligibility of up to two years might occur in case of some violations.
Where in an individual case, the Athlete or other Person establishes that he or she bears no negligence or fault, then the ineligibility period is eliminated. The period of ineligibility is a reprimand and no ineligibility period at a minimum and two years of ineligibility at a maximum (that depends on the concerned person’s fault) in the following three situations:
- Where there is an establishment of no significant negligence or fault in case of violation relating to a specific substance.
- Where the violation is committed by a recreational or protected athlete and no significant negligence or fault is established.
- Where there is an establishment of no significant fault or negligence along with establishment of the fact that the prohibited substance that is detected (apart from a substance of abuse) came from a contaminated product.
Financial Consequences
NADA may impose a fine of up to 50,000/- INR in cases where there is the imposition of maximum ineligibility period and it may also recover costs associated with violation (without taking into account the period of ineligibility imposed). In case NADA recovers prize money, it must take reasonable steps to allocate and distribute the money to the Athletes who would have been entitled to it if the forfeiting Athlete had not competed.
Consequences on the team
Article 11 states the provisions relating to the consequences of violation on the team. In a situation where the violation is committed during the event period by more than two members of a team in a Team Sport, appropriate sanctions shall be imposed on the whole team which might include reduction in points, disqualification, etc.
Conclusion
Needless to say, doping practices are against the spirit of the game. Therefore the revised rules provide for detailed provisions relating to regulation of anti-doping in India. Apart from this, the rules also mandate NADA to plan, evaluate and promote education relating to doping and roles and responsibilities of Athletes, Athletes’ support personnel, NADA and National federations. It is also to be noted that no reasonable attempt of notification shall take place after ten years from the date of violation as per the rules.
[1] World Anti-Doping Code 2021, World Anti-Doping Agency.
[2] National Anti-Doping Rules 2021, National Anti-Doping Agency, India.
[3] Results Management, World Anti-Doping Code, Januray 2021.
[4] Ibid.
[5] Therapeutic Use Exemptions, ATHLETICS INTEGRITY UNIT, https://www.athleticsintegrity.org/know-the-process/therapeutic-use-exemptions.
[6] ADAMS, WORLD ANTI-DOPING AGENCY, https://www.wada-ama.org/en/what-we-do/adams.
YLCC would like to thank Aditi Aggarwal for her valuable insights in this article.
