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NATIONAL ANTI DOPING ORGANISATION (NADO) RULES 2021 and the second one WORLD RUGBY REGULATION 21

NATIONAL ANTI DOPING ORGANISATION (NADO) RULES 2021 and the second one WORLD RUGBY REGULATION 21

2021 MODEL RULES FOR

NATIONAL OLYMPIC COMMITTEES

 

APRIL 2020

VERSION 2.0

 

Model Rules for National Olympic Committees

 

These Model Rules reflect the World Anti-Doping Code (the "Code") and its related International Standards in force as of 1 January 2021. They have been drafted pursuant to Article 23.2 of the Code to assist National Olympic Committees (“NOCs”) to implement the Code and the International Standards as an essential part of NOCs’ mission in the fight against doping.

 

Notwithstanding the existence of the NOC, it is understood that each country shall have a National Anti-Doping Organization as mandated by the Code. However, where a National Anti-Doping Organization does not yet exist, the NOC shall cooperate with its government to establish one as mandated by Article 20.4.6 of the Code. In the interim, the NOC shall fulfill the responsibility of a National Anti-Doping Organization.

 

These Model Rules have been written to allow for greater flexibility and should be incorporated as a complement to the regulations of every NOC. It is recognized that different wording may be required depending on whether the NOC has been established through legislation, policy or private law. As such, each NOC is given the discretion to determine how it wishes to incorporate these provisions into its current rules and regulations.

 

The following text in the Model Rules is highlighted in blue: (i) certain optional clauses; (ii) certain situations where the NOC is able to choose between alternative options; (iii) notes to the drafter.

 

The specific name of the National Olympic Committee (or its acronym) shall replace the general acronym “[NOC]”. Similarly, the terms “[national]” and “[country]” should be accordingly replaced.

 

In the event that the NOC is acting as the National Anti-Doping Organization for its country, two (2) sets of rules must be adopted: one (1) for the National Anti-Doping Organization (based on the respective Model Rules for National Anti-Doping Organizations) and one (1) for the NOC (based on these Model Rules).

 

Please note that terms used in these Model Rules that are defined terms from the Code start with a capital letter and are italicized (for example, “Code”, “Athlete” etc.).

 

Further, in order to ensure full conformity with the 2021 Code, WADA strongly recommends that NOCs adopt a new set of Anti-Doping Rules based on these Model Rules, instead of amending their current Anti-Doping Rules.

 

[NOTE: These preliminary remarks provide a general overview of the Model Rules. The reproduction of these remarks in the NOC’s rules is not required.]

 

TABLE OF CONTENTS

 

INTRODUCTION   4

ARTICLE 1        THE SCOPE OF THESE ANTI-DOPING RULES. 5

ARTICLE 2        ROLES AND RESPONSIBILITIES OF [NOC] 5

ARTICLE 3        RECOGNITION OF AND COMPLIANCE WITH THE NATIONAL ANTI-DOPING ORGANIZATION’S ANTI-DOPING RULES  7

ARTICLE 4        ROLES AND RESPONSIBILITIES OF ATHLETES. 7

ARTICLE 5        ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL. 8

ARTICLE 6        ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI-DOPING RULES  8

ARTICLE 7        ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS. 8

ARTICLE 8        IMPLEMENTATION OF DECISIONS. 10

ARTICLE 9        COMMISSION OF AN ANTI-DOPING RULE VIOLATION. 10

ARTICLE 10      BREACHES OF THESE ANTI-DOPING RULES. 10

ARTICLE 11      NOTIFICATION. 10

ARTICLE 12      FINAL PROVISIONS. 11

 

 

 

[NOC] ANTI-DOPING RULES

 

INTRODUCTION

 

Preface

 

These Anti-Doping Rules are adopted and implemented in accordance with the [NOC]’s responsibilities under the Code, and in furtherance of the [NOC]’s continuing efforts to eradicate doping in sport in [country].

 

As provided in the Code, [NOC] shall be responsible for [IF APPLICABLE, where a National Anti-Doping Organization (NADO) is already established: assisting the National Anti-Doping Organization in [country] in] initiating, implementing and enforcing the Doping Control process and fulfilling all its obligations under the Code and the International Standards. Any aspect of Doping Control or anti-doping Education may be delegated by [NOC] to a Delegated Third Party, however, [NOC] shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards, and these Anti-Doping Rules. [NOC] shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code.

 

Terms used in these Anti-Doping Rules that are defined terms from the Code are italicized.

 

Unless otherwise specified, references to Articles are references to Articles of these Anti-Doping Rules.

 

Fundamental Rationale for the Code and the [NOC]’s Anti-Doping Rules

 

Anti-doping programs are founded on the intrinsic value of sport. This intrinsic value is often referred to as “the spirit of sport”: the ethical pursuit of human excellence through the dedicated perfection of each Athlete’s natural talents.

 

Anti-doping programs seek to protect the health of Athletes and to provide the opportunity for Athletes to pursue human excellence without the Use of Prohibited Substances and Prohibited Methods.

 

Anti-doping programs seek to maintain the integrity of sport in terms of respect for rules, other competitors, fair competition, a level playing field, and the value of clean sport to the world.

 

The spirit of sport is the celebration of the human spirit, body and mind. It is the essence of Olympism and is reflected in the values we find in and through sport, including:

 

  •  
  • Ethics, fair play and honesty
  • rights as set forth in the Code
  • Excellence in performance
  • Character and Education
  • Fun and joy
  •  
  • Dedication and commitment
  • Respect for rules and laws
  • Respect for self and other Participants
  •  
  • Community and solidarity

 

The spirit of sport is expressed in how we play true. Doping is fundamentally contrary to the spirit of sport.

 

ARTICLE 1       THE SCOPE OF THESE ANTI-DOPING RULES

 

These Anti-Doping Rules shall apply to:

  • The [NOC], including its board members, directors, officers, and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control;
  • , Athlete Support Personnel and other Persons that fall under the [NOC]’s authority; and
  • National Federations in that fall under the ’s authority, including their board members, directors, officers, and specified employees, and Delegated Third Parties and their employees, who are involved in any aspect of Doping Control.

 

ARTICLE 2       ROLES AND RESPONSIBILITIES OF [NOC]

 

  1.  
  2.  
    1. The [NOC] is a Signatory to the Code and, as such, is responsible for [IF APPLICABLE, where a NADO is already established: assisting the National Anti-Doping Organization in [country] in] initiating, implementing and enforcing the Doping Control process and fulfilling all its obligations under the Code and the International Standards.

 

  1. Under the Code, the [NOC] has the following roles and responsibilities:

 

  1. To ensure that its anti-doping policies and rules conform with the Code and the International Standards.

 

  1. To require, as a condition of membership, that the policies, rules and programs of their National Federations and other members are in compliance with the Code and the International Standards and to take appropriate action to enforce such compliance.

 

  1. To respect the autonomy of the National Anti-Doping Organization in [country] and not to interfere in its operational decisions and activities.

 

  1. To require National Federations to report any information suggesting or relating to an anti-doping rule violation to their National Anti-Doping Organization and respective International Federation and to cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.

 

  1. To require, as a condition of participation in the Olympic Games that, at a minimum, Athletes who are not regular members of a National Federation be available for Sample collection and to provide whereabouts information as required by the International Standard for Testing and Investigations as soon as the Athlete is identified on the long list or subsequent entry document submitted in connection with the Olympic Games.

 

  1. To cooperate with their National Anti-Doping Organization.

 

  1. To work with their government to establish a National Anti-Doping Organization where one does not already exist, provided that, in the interim, [NOC] or its designee shall fulfill the responsibility of a National Anti-Doping Organization.

 

  1. [IF APPLICABLE, for those countries that are members of a Regional Anti-Doping Organization:] In cooperation with the government, to maintain an active and supportive role with their respective Regional Anti-Doping Organizations.

 

  1. To require each of their National Federations to establish rules (or other means) requiring all Athletes preparing for or participating in a Competition or activity authorized or organized by a National Federation or one of its member organizations, and all Athlete Support Personnel associated with such Athletes, to agree to and be bound by anti-doping rules and Anti-Doping Organization Results Management authority in conformity with the Code as a condition of such participation or involvement.

 

  1. Subject to applicable law, as a condition of such position or involvement, to require all of its board members, directors, officers, and those employees (and those of appointed Delegated Third Parties), who are involved in any aspect of Doping Controlto agree to be bound by these Anti-Doping Rules as Persons in conformity with the Code for direct and intentional misconduct, or to be bound by comparable rules and regulations put in place by the [NOC].

 

  1. Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has directly and intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person.

 

  1. To withhold some or all funding, during any period of Ineligibility, to any Athlete or Athlete Support Person who has violated anti-doping rules.

 

  1. To withhold some or all funding to its member or recognized National Federations that are not in compliance with the Code and/or the International Standards.

 

  1. To plan, implement, evaluate and promote anti-doping Education in line with the requirements of the International Standard for Education, including requiring National Federations to conduct anti-doping Education in coordination with the applicable National Anti-Doping Organization.

 

  1. To vigorously pursue all potential anti-doping rule violations within its authority including investigations into whether Athlete Support Personnel or other Persons may have been involved in each case of doping.

 

  1. To cooperate with relevant national organizations and agencies and other Anti-Doping Organizations.
  2. To have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes within ’s authority.

 

  1. To respect the operational independence of laboratories as provided in the International Standard for Laboratories.

 

  1. To adopt a policy or rule implementing Article 2.11 of the Code.

 

  1. To take appropriate action to discourage non-compliance with the Code and the International Standards (a) by Signatories, in accordance with Article 24.1 of the Code and the International Standard for Code Compliance by Signatories and (b) by any other sporting body over which it has authority, in accordance with Article 12 of the Code.

 

  1. To report to WADA on ’s compliance with the Code and the International Standards in accordance with Article 24.1.2 of the Code.

 

2.3       [NOC] may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct their Anti-Doping Activities under the Code and International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information), these Anti-Doping Rules, and in compliance with applicable law.

 

[IF APPLICABLE, where a NADO is already established:]

 

ARTICLE 3       RECOGNITION OF AND COMPLIANCE WITH THE NATIONAL ANTI-DOPING ORGANIZATION’S ANTI-DOPING RULES

 

[NOC] shall recognize and comply with the Anti-Doping Rules adopted by the National Anti-Doping Organization in [country].

 

ARTICLE 4       ROLES AND RESPONSIBILITIES OF ATHLETES

 

  1. To be knowledgeable of and comply with all applicable anti-doping policies and rules, namely the Codethese Anti-Doping Rules, and the policies and rules of their National Anti-Doping Organization

 

4.2       To be available for Sample collection at all times.

 

4.3       To take responsibility, in the context of anti-doping, for what they ingest and Use.

 

4.4       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 the anti-doping policies and rules applicable to them.

 

  1. To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.

 

  1. To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.

 

  1. To disclose the identity of their Athlete Support Personnel upon request by any Anti-Doping Organization with authority over them.

 

  1. All Athletes who are not regular members of a be available for Sample collection conducted according to the Code and provide accurate and up-to-date whereabouts information on a regular basis during the year before the Olympic Games as a condition of participation in the Olympic Games as a member of the [national] Olympic Team.

 

ARTICLE 5       ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL

 

  1. To be knowledgeable of and comply with all anti-doping policies and rules, namely the Code, the International Standards, these Anti-Doping Rules and the policies and rules of their National Anti-Doping Organization , applicable to them or to the Athletes whom they support.

 

  1. To cooperate with the Athlete Testing program.

 

  1. To use their influence on Athlete values and behavior to foster anti-doping attitudes.

 

  1. To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.

 

  1. To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.

 

  1. Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.

 

ARTICLE 6       ROLES AND RESPONSIBILITIES OF OTHER PERSONS SUBJECT TO THESE ANTI-DOPING RULES

 

6.1       To be knowledgeable of and comply with the Code, the International Standards and these Anti-Doping Rules.

 

6.2       To disclose to their National Anti-Doping Organization and International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.

 

6.3       To cooperate with Anti-Doping Organizations investigating anti-doping rule violations.

 

6.4       Not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification.

 

ARTICLE 7       ROLES AND RESPONSIBILITIES OF NATIONAL FEDERATIONS

 

7.1       To comply with the Code, the International Standards and these Anti-Doping Rules.

 

  1. To recognize the authority of the National Anti-Doping Organization in [country] in accordance with Article 5.2.1 of the Code and assist, as appropriate, with the National Anti-Doping Organization’s implementation of the national Testing program for their sport.

 

  1. To recognize and comply with the Anti-Doping Rules adopted by [IF APPLICABLE, where a NADO is not yet established:] [NOC] / [IF APPLICABLE, where a NADO is already established:] the National Anti-Doping Organization in [country].

 

  1. To cooperate with and help the National Anti-Doping Organization in [country] fulfil its obligations under the Code and the International Standards.

 

  1. To report any information suggesting or relating to an anti-doping rule violation to the National Anti-Doping Organization in and cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct the investigation.

 

  1. To adopt and implement policies, rules and programs that conform with the Code .

 

  1. To cooperate with and assist its International Federation in day-to-day anti-doping operations.

 

  1. To require all Athletes and each Athlete Support Personnel who participates as a coach, trainer, manager, team staff, official, medical or paramedical personnel in a Competition or activity authorized or organized by the 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.

 

  1. To prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes within the National Federation’s authority.

 

  1. To require as a condition of membership that the policies, rules and programs of its members or clubs are in compliance with the Code .

 

  1. To take appropriate action to discourage non-compliance with the Code

 

  1. To recognize and respect a finding of an by its Ior any other Signatory without the need for a hearing.

 

  1. To require Athletes who are not its regular members to be available for Sample collection and provide accurate and up-to-date whereabouts information on a regular basis, if required, during the year before the Olympic Games as a condition of participation in the Olympic Games or as a member of the Olympic Team.

 

  1. To promptly notify [NOC] if any Athlete, Athlete Support Personnel or other Person under its authority has been found to have committed an anti-doping rule violation and/or had a sanction imposed against them.

 

  1. To conduct anti-doping Education in coordination with the National Anti-Doping Organization in .

 

  1. To provide assistance and information to [NOC] as requested to enable [NOC] to properly implement these Anti-Doping Rules.

 

ARTICLE 8       IMPLEMENTATION OF DECISIONS

 

[NOC] shall implement the decisions of Signatory Anti-Doping Organizations and, where applicable, bodies that are not a Signatory, in accordance with Article 15 of the Code.

 

ARTICLE 9       COMMISSION OF AN ANTI-DOPING RULE VIOLATION

 

9.1       The commission of an anti-doping rule violation shall be pursued in accordance with Articles 7 and 8 of the Code and shall result in the imposition of Consequences, as applicable, pursuant to Article 10 of the Code.

 

9.2       Any Person who is serving a Provisional Suspension or a period of Ineligibility shall be ineligible for membership on or for selection to any Team, to receive funding from the [NOC], or to hold any position within the [NOC].

 

ARTICLE 10     BREACHES OF THESE ANTI-DOPING RULES

 

10.1      Notwithstanding Article 9 above, any other breach of these Anti-Doping Rules that does not constitute an anti-doping rule violation, shall result in the initiation of disciplinary procedures which conform with the principles set forth in Article 8 of the Code and the relevant and applicable provisions of the International Standard for Results Management and, if applicable, the imposition of disciplinary measures if committed by:

 

  • an Athlete, Athlete Support Person, other Person (Delegated Third PartiesDoping Control); or

 

  • a Delegated Third PartiesDoping Control.

 

  1. Any appeals of decisions imposed pursuant to this Article shall be conducted under the relevant and applicable appeal procedures of the .

 

ARTICLE 11     NOTIFICATION

 

Upon the imposition of a sanction against any Person under these Anti-Doping Rules, the [NOC] will send details of the sanction to:

  • the ;
  • the relevant International Federation;
  • those Persons entitled to notification under Article 14.1.2 of the Code;
  • the relevant ;
  • National Anti-Doping Organization in [country];
  • ; and
  • any other Person or organization the [NOC] believes should be informed in this respect.

 

 

 

ARTICLE 12     FINAL PROVISIONS

 

12.1      All the terms used in these Anti-Doping Rules shall have the same meaning as that ascribed to them in the Code and the International Standards. The Code and the International Standards shall be considered as part of these Anti-Doping rules, apply automatically and prevail in case of conflict.

           

12.2      These Anti-Doping Rules shall come into force on 1 January 2021. They repeal any previous Anti-Doping Rules adopted by [NOC].

Also available on WADA‘s website at https://www.wada-ama.org.

Source: World Anti-Doping Agency