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Doping Control: Results processing of doping control

» Management of an Adverse Analytical Finding

If the testing laboratory advises ASADA that a sample has an adverse analytical finding the following process is applied:

Urine : ASADA will notify an athlete that part ‘A’ of his or her sample returned an adverse analytical finding and of his or her right to have part ‘B’ of the sample analysed to confirm this result.

Blood : ASADA will notify an athlete that his or her blood sample returned an adverse analytical finding. The athlete maintains the right to have confirmatory procedures performed in relation to this analysis.

Athletes will be notified if part ‘A’ of their sample returns an adverse analytical finding. They will also be notified of their right to have part ‘B’ of the sample analysed to confirm this result.

» Anti-Doping Rule Violations

When ASADA’s internal procedures are finalised the athlete or support person and their relevant sport organisation(s) will be notified that an Anti-Doping Rule Violation has occurred.

An athlete or support person notified by ASADA that an Anti-Doping Rule Violation may have occurred has the right to provide information or evidence to ASADA within seven days of receipt of the notification. Athletes may waive their right to provide this information.

ASADA will also inform the athlete or support person of their right to make an application to the Administrative Appeals Tribunal for a review of ASADA’s decision.

The Administrative Appeals Tribunal provides a review mechanism for people adversely affected by decisions made by Australian Government organisations, such as ASADA. The tribunal may apply fees for this process.

Athletes have a right to a fair hearing under their sport's anti-doping rules.

Athletes must be aware of their rights and the penalties for an adverse analytical finding or any other Anti-Doping Rule Violation.

» Hearings and sanctions

Hearings will be held in accordance with a sport’s anti-doping policy.

On notification of a finding of an Anti-Doping Rule Violation, ASADA will inform the athlete or support person of a recommended sanction, however this will be a recommendation only and the relevant sport tribunal will make a determination regarding a sanction.

If an athlete or support person elects not to take their matter to the relevant sport tribunal the recommended sanction will be deemed to apply.

ASADA does not conduct hearings or impose sanctions on athletes that return an adverse analytical finding or commit any other Anti-Doping Rule Violation. This is the responsibility of the NSO.

However where delegated by the NSO, ASADA may present the case against the athlete or support person at the hearing or tribunal on behalf of that NSO.

Sanctions for a first offence may vary from a warning to a two year suspension, depending on the rules of the sport.

Many sports suspend athletes for life for committing a subsequent Anti-Doping Rule Violation.

The legal concept of strict liability exists in elite sport, whereby athletes are responsible for any prohibited substance found in their body regardless of how it came to be in their system.

 

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