World AntiDoping Program Compliance: The Third Level

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World Anti-Doping ProgramCompliance The Third
Level

• ANADO Workshop Berne November 2004
• Joseph de Pencier
• Director Sport Services/General Counsel, CCES

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World Anti-Doping Program
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World Anti-Doping Program

• Top Levels
• World Anti-Doping Code
• Mandatory International Standards
• Third Level
• Rules, Policies, Procedures, Reports,
  Criteria, Systems, and Plans
• Full compliance requires NADOs to establish this
  Third Level

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Third Level

• Some elements are mentioned in Code or
  International Standards, some just implied or
  useful for dealing with domestic stakeholders
• Some addressed by existing WADA Models of Best
  Practice (see references in green)
• Models of Best Practice for test distribution
  planning, for establishing a registered testing
  pool, for DCO training and for breath alcohol
  testing still being developed by IADA/WADA
• Code/International Standard stated requirements
  indicated by in this presentation by underlined
  words

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Third Level
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Third Level

• This presentation will review the Code and the
  International Standards for Testing and for TUEs
• Will identify the rules, policies, procedures,
  reports, criteria, systems and plans needed for
  full Code implementation and compliance
• Also additional or optional elements that can
  be useful in an effective Code-compliant domestic
  program

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Third Level
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Code and Third Level

• Introduction to Part One (Doping Control) rules
  and procedures to ensure all participants are
  bound by Code-compliant domestic anti-doping
  program
• 2.4 reasonable rules for missed tests/whereabouts
  info failures WADA Guideline for Whereabouts
  Information
• 4.1 rules for automatic coming into force of each
  new or amended Prohibited List

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Code and Third Level

• 7 process for pre-hearing admin. of potential
  anti-doping rule violations, including further
  reviews and follow-up investigations WADA
  Guideline for Results Management
• 7.2 rule for notification after initial review
  WADA Guideline for Results Management, 3.4.1
• 7.5 rules for provisional suspensions by bodies
  responsible for Events or team selection WADA
  Guideline for Results Management, 6 and for
  expedited hearings WADA Guideline for Results
  Management, 6.2 6.3

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Code and Third Level

• 8 process for hearings to determine violations
  and consequences, including expedited hearings
• Code 10.4.2 criteria for reporting Athlete
  Support Personnel to professional and other
  authorities
• 10.4.3 rules for applying the range of sanctions
  for missed tests/whereabouts info failures
• 10.10 rules for testing athletes who want to come
  out of retirement

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Code and Third Level

• 12 rules for imposing sanctions on sport bodies
  
• 13.2.2/13.2.3 rules for appeals involving
  national level athletes and identifying parties
  to those appeals
• 14.4 annual statistical report of doping
  Control activities

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International Standard for Testing and Third
Level
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International Standard for Testing and Third
Level

• 4.3.1 criteria for inclusion in Registered
  Testing Pool
• 4.4.1 procedures and/or systems for athlete
  whereabouts information and for taking
  appropriate action when it is not provided WADA
  Guideline for Whereabouts Information
• 4.5.2 test distribution plan
• 4.5.4 system for regular review of test
  distribution plan

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International Standard for Testing and Third
Level

• 4.5.5 system for maintaining test distribution
  data
• 4.6.4 criteria for DCO selection of athletes for
  testing (consistent with test distribution plan)
  WADA Guideline for Urine Sample Collection, 5.4
• 5.3.4 criteria to validate athlete identity WADA
  Guideline for Urine Sample Collection, 5.5.3
• 5.3.6/5.3.7 criteria for reasonable attempts to
  notify athletes for out-of-competition testing
  WADA Guideline for Out-of-Competition Testing

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International Standard for Testing and Third
Level

• 5.3.8 system for logging athlete notification
  attempts and outcomes WADA Guideline for
  Out-of-Competition Testing
• 6.2/6.3.1 system for obtaining all necessary
  information for effective sample collection
• 6.2/6.3.3 criteria for who may be authorized to
  be present during the sample collection session

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International Standard for Testing and Third
Level
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International Standard for Testing and Third
Level

• 8.3.1 criteria for sample storage prior to
  transport from the doping control station WADA
  Guideline for Urine Sample Collection, 5.14
• 8.3.3 system to ensure sample documentation is
  completed and securely handled
• 8.3.4 system to ensure instructions for the type
  of analysis to be conducted provided to the lab

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International Standard for Testing and Third
Level

• 9.3.2 system for recording chain of custody
• Weighted criteria for athlete selection where
  ranking is based on potential risk of doping and
  doping patterns
• A.4.5 system for following-up on failures to
  comply for purposes of results management and for
  planning and testing
• The Note to Section 5.6.5 of the WADA
  Guideline for Urine Sample Collection states that
  the ADO must establish guidelines for what
  constitutes suspicious athlete behaviour

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International Standard for Testing and Third
Level

• F.4.1 criteria for the number of additional urine
  samples to be collected if pH or SG guidelines
  unlikely to be met
• G.4 system to ensure Sample Collection
  Personnel are adequately qualified and trained
• G.5.1 system for accredited and re-accrediting
  Sample Collection Personnel

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International Standard for TUEs and Third Level
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International Standard for TUEs and Third Level

• 4.7(b) internal procedures for assessing
  exceptional circumstances for granting
  retroactive TUEs
• 5.1/6.1 Confidentiality agreement for members of
  the NADO TUEC

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Optional Third Level Elements
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Optional Third Level Elements

• Quality management system and ISO certification
• Code 10.3 criteria for applying range of
  sanctions for specified substances where there is
  no performance enhancement
• Code 10.5.2/10.5.3 criteria for applying range of
  sanctions for no significant fault or negligence
  or for substantial assistance

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Optional Third Level Elements

• Code 15.4 process for recognition of TUEs and
  determinations of anti-doping rule violations by
  other ADOs
• Code 24.5 rules for transition from pre-Code to
  Code-compliant programs and treatment of ongoing
  results management, hearings, appeals, TUEs, etc.
  

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Optional Third Level Elements

• IST 4.3.1 criteria for inclusion in domestic
  testing pool (see also ITS 4.6.2)
• IST Annex A procedures for investigating possible
  failures to comply
• TUE 9.1/9.2 system for providing standard and
  abbreviated TUEs to WADA

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Optional Third Level Elements

• Systems for providing results management and
  other information to WADA until ADAMS
• Domestic agreements on responsibility for
  anti-doping information and education (with NOC,
  NPC, NFs, government(s))
• Process for amending your domestic Code-compliant
  program
• Confidentiality agreements (for NADO staff,
  members of TUEC, etc.)

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Questions?