News of the 2015 World Anti-Doping Code

Complicity will be contemplated in the new anti-doping code

 

La Spanish Agency for the protection of health in sport has published an article explaining the modifications of the world anti-doping code for the 2015.

 

 

The next 1 of January of 2015 enters into force a new version of the World Anti-Doping Code, the fundamental and universal document on which the global anti-doping program in sport is based. Spain, as a signatory to the International Convention against doping in sport, must address a new legislative amendment in the coming months with the aim of equating the precepts of our Organic Law 3 / 2013, for the protection of the athlete's health and fight against doping in sports, to the content of the World Anti-Doping Code.

To better understand the new Code, the World Anti-Doping Agency has published in Spanish a "Athlete's Reference Guide on the 2015 World Anti-Doping Code", whose main modifications are summarized below:

New infractions

The CMA 2015 introduces 2 new infractions:

• Complicity: The Code defines this conduct as "assisting, encouraging, aiding, abetting, collaborating, conspiring, or concealing" an intentionally anti-doping rule violation.

• The prohibited association: The Code prohibits an athlete from working with any support person, such as doctors or coaches, who have been sanctioned or convicted for the commission of conduct related to doping. In order to apply this provision, athletes will be informed about qualified subjects as support personnel with whom they should not associate.

New sanctions

The CMA 2015 provides new sanctions under the premise that intentional doping must be double sanctioned, increasing the standard period of suspension to 4 years, provided that the athlete or support personnel engage in conduct knowing that it constitutes a violation of the anti-doping rules.

When the offense involves a non-specific substance, the period of suspension shall be 4 years, unless the athlete can demonstrate that the infraction was not intentional. The period of suspension will also be 4 years when the violation involves a specific substance and the anti-doping organization can show that the infraction was intentional.

At the same time that the CMA 2015 provides for greater sanctions for intentional doping behaviors, it also allows the application of flexibility criteria for the sanction of behaviors in which specific circumstances concur, such as the absence of fault or negligence on the part of the athlete, the use of of contaminated products, the acknowledgment of facts by the offender or collaboration with the anti-doping authority.

In relation to sanctions, the CMA 2015 highlights the possibility of sanctioning support personnel to the athlete for behavior related to the use of prohibited substances or methods, such as possession, traffic, administration, complicity or prohibited association. In this way, the doping penalty regime is applied equally to athletes and their environment.

Location of the athlete

The main objective of the location of the athlete is to facilitate out-of-competition controls. Those athletes who are included in a "group registered for controls" must provide information about their location on a quarterly basis, defining a time each day in which they must be available for the realization of controls.

With the entry into force of the CMA 2015, any combination relating to the lack of presentation of location information at the beginning of a quarter, or the omission of a control, in 3 occasions during a period of 12 months will lead to the commission of a infringement by the athlete.

Return to competition

If an athlete withdraws from sport while being part of a group registered for the control of an International Federation or a National Anti-Doping Organization, and subsequently wishes to return to the competition, he / she must make a written notice in advance of 6 months, of so that during that time it can be subjected to out-of-competition controls.

Likewise, if an athlete is sanctioned for doping, prior to his return to the competition must undergo a control out of competition (rehabilitation), as well as demonstrate full compliance with the sanction, as a prerequisite to the issuance of a new sports license by the competent federation.

Preservation of samples and prescription period

Any sanctioning procedure for the commission of an anti-doping rule violation must be initiated within 10 years from the date on which it took place.

This term of 10 years coincides with the time of conservation of the samples, since, due to the advancement of technology, some prohibited substances and methods that can not be detected at present, could be detected in the future. Therefore, the samples can be frozen, stored and reanalyzed for 10 years.

The possibility of sanctioning an athlete or support staff does not end, therefore, the day of withdrawal from the sport, but any infringement in the field of doping can be sanctioned for a period of 10 years, including financial penalties, elimination of results or return of prizes.

Education

The education of athletes and their environment is a fundamental pillar of the fight against doping. The CMA 2015 emphasizes the need to implement educational programs based on prevention, with the objective that athletes and support staff acquire specific knowledge in the following areas:

• Prohibited substances and methods.
• Violations of the anti-doping rules.
• Consequences of doping: Legal, social and health sanctions.
• Doping control procedure.
• Rights and responsibilities of athletes and support staff.
• Authorizations for Therapeutic Use and Location.
• Risks related to the use of nutritional supplements.
• Damages of doping on sportsmanship.

 

Original and more information: http://blog.aepsad.es/novedades-del-codigo-mundial-antidopaje-2015/