Output 1.3 – Enforcement Program

Consistent application of the anti-doping framework to provide athletes and support personnel with a fair and equitable due process by an external tribunal

During 2007–08, the Enforcement team managed 64 matters.

• 39 matters resulted in an entry onto RoF and a sanction recommendation to the sport (11 of these matters were carried over from the 2006–07 financial year). One matter was removed from the RoF after a retrospective therapeutic use exemption (TUE) was granted by ASDMAC.
• 12 matters were determined to not be anti-doping rule violations.
• 8 matters were referred to the relevant International Federation with results management jurisdiction; and
• 5 other matters were still in progress at the end of the reporting year.

Of the 39 entries on the RoF:

• 18 athletes or support personnel waived their right to a hearing and accepted they had committed an anti-doping rule violation.
• 10 athletes or support personnel exercised their right for a hearing before the relevant sporting tribunal. Of these 10 matters, ASADA’s findings were upheld in 5 matters, and set aside in 3 matters (1 finding was upheld by CAS at first instance but set aside by the CAS appeals division. ASADA is exercising its right to appeal the remaining two set aside matters).
• 8 matters involved sport policies that required a hearing, even
  in cases where the athlete chose not to challenge the violation
• 3 matters are still progressing.

The ADRVC, a subcommittee of the ASADA Members, has the delegation to make findings and recommendations on sanctions under the NAD scheme in all anti-doping matters considered
by ASADA.

Maintain a legitimate and fair process in respect of athlete and support personnel rights

The consideration of potential anti-doping rule violations, as well as the conduct of hearings before the Administrative Appeals Tribunal (AAT) or other sporting tribunals, is governed by the ASADA legislation, the Code, the rules/practices of the relevant tribunals and sports policies, and various ASADA results management policies and procedures.

ASADA regularly reviews and updates policies and procedures for the management of potential anti-doping rule violations. An external auditor reviewed these procedures in April 2008 and found ASADA compliant with ISO 9001:2000.

Members of the ADRVC have extensive experience in the medical and scientific review of doping allegations, and operate under
a charter that the ASADA members have approved.

Ninety per cent of cases to answer presented by ASADA at sporting tribunals result in independent findings of an anti-doping rule violation, irrespective of the sanction imposed

For the 2007–08 financial year, 92% of ASADA’s decisions were either accepted by the athlete or support personnel, or upheld by the relevant tribunal.