Anti-Doping Rules of the Scottish Darts Association
Table of Contents
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Article |
Section |
Page |
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1.0 |
Scope and Application |
1 |
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1.1 |
Introduction |
1 |
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1.2 |
Application |
1 |
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1.3 |
Core Responsibilities |
2 |
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1.4 |
Interpretation |
2 |
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1.5 |
Commencement, Validity and Amendment |
3 |
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2.0 |
Doping Offences |
3 |
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3.0 |
The Prohibited List |
5 |
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3.1 |
Incorporation of the Prohibited List and the International Standard for the Prohibited List |
5 |
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3.2 |
Prohibited Substances and Prohibited Methods Identified on the Prohibited List |
5 |
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4.0 |
Therapeutic Use Exemptions |
6 |
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4.1 |
Incorporation of the International Standard for TUE |
6 |
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4.2 |
Scope and Effect of TUEs |
6 |
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4.3 |
TUE Application Process |
7 |
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4.4 |
Grant of a Therapeutic Use Exemption |
7 |
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4.5 |
Expiration or Cancellation of a TUE |
8 |
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4.6 |
Review of Decision Granting or Denying TUE Application or Revoking or Withdrawing TUE |
8 |
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4.7 |
Emergency or Retrospective Approval of a Therapeutic Use Exemption |
9 |
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4.8 |
Athlete Consent |
9 |
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5.0 |
Testing |
10 |
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5.1 |
Incorporation of the International Standard for Testing |
10 |
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5.2 |
Jurisdiction to Test |
10 |
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5.3 |
In-Competition Testing |
10 |
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5.4 |
Out-of-Competition Testing |
10 |
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5.5 |
Additional Obligations on Athletes in a Testing Pool |
11 |
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5.6 |
Selection of Athletes for a Test |
12 |
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5.7 |
Testing of Minors |
12 |
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6.0 |
Analysis of Samples |
13 |
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6.1 |
Incorporation of the International Standard for Laboratories |
13 |
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6.2 |
Use of Approved Laboratories |
13 |
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6.3 |
Substances Subject to Detection |
13 |
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6.4 |
Research on Samples |
13 |
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6.5 |
Reporting by Laboratories |
13 |
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7.0 |
Results Management |
14 |
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7.1 |
Responsibility for Results Management |
14 |
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7.2 |
Initial Review Regarding Adverse Analytical Findings |
14 |
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7.3 |
Review of Evidence Other Than Adverse Analytical Findings |
15 |
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7.4 |
Provisional Suspensions |
16 |
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Article |
Section |
Page |
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7.5 |
Notice of Charge |
17 |
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7.6 |
B Sample Analysis |
18 |
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7.7 |
Statute of Limitations |
18 |
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8.0 |
Disciplinary Proceedings |
18 |
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8.1 |
Hearings before an Anti-Doping Tribunal |
18 |
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8.2 |
Convening the Anti-Doping Tribunal |
19 |
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8.3 |
Proceedings of the Anti-Doping Tribunal |
20 |
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8.4 |
Conduct of Hearings Before the Anti-Doping Tribunal |
20 |
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8.5 |
Burdens and Standards of Proof |
21 |
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8.6 |
Methods of Establishing Facts and Presumptions |
21 |
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8.7 |
Decisions of the Anti-Doping Tribunal |
22 |
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9.0 |
Disqualification of Results |
23 |
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9.1 |
Disqualification of Results in Relation to an In-Competition Test |
23 |
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9.2 |
Disqualification of Results in Event in Relation to Which a Doping Offence Occurs |
23 |
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9.3 |
Disqualification of Results in Competitions Subsequent to Sample Collection |
23 |
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9.4 |
Effect on Team Results |
23 |
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9.5 |
Impact on Opponent's Results |
24 |
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10.0 |
Ineligibility Sanctions for Individuals |
24 |
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10.1 |
Intentionally Left Blank |
24 |
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10.2 |
Imposition of Ineligibility for Prohibited Substances and Prohibited Methods |
24 |
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10.3 |
Specified Substances |
24 |
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10.4 |
Ineligibility for Other Doping Offences |
25 |
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10.5 |
Elimination or Reduction of Period of Ineligibility Based on Exceptional Circumstances |
25 |
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10.6 |
Rules for Certain Potential Multiple Offences |
26 |
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10.7 |
Intentionally Left Blank |
26 |
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10.8 |
Commencement of Ineligibility Period |
27 |
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10.9 |
Status During Ineligibility |
27 |
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10.10 |
Reinstatement Testing |
27 |
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10.11 |
Additional Consequences |
27 |
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11.0 |
Consequences To Teams |
28 |
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12.0 |
Appeals |
28 |
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12.1 |
Decisions Subject to Appeal |
28 |
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12.2 |
Appeals from Decisions Relating to a Therapeutic Use Exemption |
28 |
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12.3 |
Appeals from Decisions Imposing Provisional Suspensions |
29 |
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12.4 |
Appeals from Decisions Regarding Doping Offences and Consequences |
29 |
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12.5 |
Filing an Appeal with the Appeal Panel |
30 |
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12.6 |
Convening an Appeal Panel |
30 |
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12.7 |
Proceedings before the Appeal Panel |
31 |
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12.8 |
Appeals to CAS |
31 |
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13.0 |
Reporting |
32 |
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13.1 |
Reporting of Pending Cases |
32 |
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13.2 |
Reporting of Testing |
32 |
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13.3 |
Reporting under the Code |
32 |
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13.4 |
Reporting of Decisions |
32 |
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14.0 |
Recognition of Decisions |
32 |
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15.0 |
Challenges to a Decision or these Rules |
32 |
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16.0 |
Miscellaneous |
33 |
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16.1 |
Information |
33 |
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16.2 |
Notices |
33 |
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16.3 |
Matters not otherwise provided for |
34 |
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Appendix |
Section |
Page |
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1 |
Definitions |
i |
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Anti-Doping Rules of Scottish Darts Association
Article 1: Scope and Application
1.1 Introduction
1.1.1 The Scottish Darts Association (the "SDA") has adopted these Anti-Doping Rules (the "Rules") to impose clear prohibitions and controls on doping in the sport of darts in accordance with the mandatory provisions of the World Anti-Doping Code (the "Code"), in order to preserve the integrity of and values of fair play in the sport of darts, and to protect the rights and health of participants in the sport.
1.1.2 The Scottish Darts Association is a member of and subject to the jurisdiction of World Darts Federation (the "WDF"). In the event of a conflict or inconsistency between these Rules and the anti-doping rules of the WDF, the anti-doping rules of the WDF shall prevail.
1.2 Application
1.2.1 These Rules shall apply to:
a. all individual members of the Scottish Darts Association or of member or affiliate organisations or licensees of the Scottish Darts Association; and
b. all Persons participating in any capacity in Events, Competitions and other activities organised, convened or authorised by the Scottish Darts Association or any of its member or affiliate organisations or licensees, wherever held;
whether or not such member or other Person is a citizen of or resident in the United Kingdom.
1.2.2 To be a member of the Scottish Darts Association, or to be eligible to participate (in the case of an Athlete) or assist any Participant (in the case of Athlete Support Personnel) in any Event, Competition or other activity organised, convened or authorised by the Scottish Darts Association or any of its member or affiliate organisations or licensees, a Participant must agree to be bound by and to comply with these Rules. By becoming a member or by so participating or assisting, a Participant shall be deemed to have agreed:
a. to be bound by and to abide strictly by these Rules and all other anti-doping rules applicable to him/her;
b. to submit to the authority of the Scottish Darts Association and any designee(s) of the Scottish Darts Association, including UK Sport, to apply, police and enforce these Rules;
c. to provide all requested assistance to the Scottish Darts Association and its designee(s), including UK Sport, in the application, policing and enforcement of these Rules, including (without limitation) cooperating fully with any investigation or proceedings being conducted pursuant to these Rules in relation to any suspected Doping Offence(s);
d. in the case of an Athlete, to make him/herself available for and to submit to Sample collection both In-Competition and Out-of-Competition;
e. to submit to the jurisdiction of any Anti-Doping Tribunal convened under these Rules to hear and determine charges brought by the Scottish Darts Association pursuant to these Rules;
f. to submit to the jurisdiction of any Appeal Panel convened to hear and determine appeals made pursuant to these Rules;
g. to submit to the jurisdiction of CAS to hear further appeals made pursuant to these Rules; and
h. further to Article 15.2 of these Rules, not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission to the jurisdiction of the Anti-Doping Tribunal, the Appeal Tribunal and CAS.
1.2.3 It is acknowledged that certain of the Persons that are subject to these Rules may also be subject to the anti-doping rules of other Anti-Doping Organisations, including (in the case of International-Level Athletes) the anti-doping rules of the WDF, and that the same conduct of such Persons may implicate not only these Rules but also the rules of such other Anti-Doping Organisations. The jurisdictional and other issues arising in such event shall be resolved in accordance with the rules of the WDF and the Code.
1.3 Core Responsibilities
1.3.1 Further to each Athlete's obligation to comply with these Rules, it is the responsibility of each Athlete:
a. to acquaint him/herself, and to ensure that each Person from whom he/she takes advice (including medical personnel) is acquainted, with all of the provisions of these Rules (including any amendments thereto); and
b. to take responsibility for what he/she ingests and uses; and
c. to ensure that any medical treatment he/she receives does not infringe these Rules.
1.3.2 Further to the obligation of each Athlete Support Personnel to comply with these Rules, it is the responsibility of each Athlete Support Personnel:
a. to acquaint him/herself with all of the provisions of these Rules (including any amendments thereto);
b. to cooperate with the Testing of Athletes; and
c. to use his/her influence on Athlete values and behaviour to foster anti-doping attitudes.
1.3.3 Each Participant shall continue to be bound by and required to comply with these Rules (including any amended or successor versions thereto) unless and until he/she is deemed by the Scottish Darts Association to have retired from the sport of darts.
1.4 Interpretation
1.4.1 Save where otherwise indicated, capitalised terms used in these Rules shall have the meaning ascribed to them in the Appendix to these Rules, which shall be considered an integral part of these Rules.
1.4.2 The headings used in these Rules are for convenience only and shall not be deemed part of the substance of these Rules or to affect in any way the language of the provisions to which they refer.
1.4.3 These Rules recognise and have been adopted in accordance with the mandatory provisions of the Code and shall be interpreted in a manner that is consistent with those provisions. The comments sections annotating various provisions of the Code shall be used, where applicable, to assist in the understanding and interpretation of these Rules.
1.5 Commencement, Validity and Amendment
1.5.1 These Rules shall come into full force and effect on 1st September 2005. They shall not apply retrospectively to matters arising prior to that date; provided, however, for the avoidance of doubt, that any offence found to have been committed under rules in force prior to that date shall be taken into account as a prior doping offence when applying the sanctioning provisions set out at Article 10 of these Rules.
1.5.2 The Scottish Darts Association shall be responsible for overseeing the evolution and improvement of these Rules. Amendments to these Rules shall be approved and shall come into effect in accordance with the Constitution of the Scottish Darts Association, save that amendments by WADA to the Code, the Prohibited List and any International Standards shall come into effect as set out in the Code.
1.5.3 Amendments to these Rules made pursuant to Article 1.5.2 shall be binding upon all Persons to whom these Rules apply. In particular, Athletes and Athlete Support Personnel shall be deemed to accept such amendments as binding upon them without further formality.
Article 2: Doping Offences
Each of the acts or omissions set out in Articles 2.1 to 2.8 below shall constitute a Doping Offence under these Rules:
2.1 The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily Specimen, unless the Athlete establishes that the presence is pursuant to a Therapeutic Use Exemption granted in accordance with Article 4 of these Rules.
2.1.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his/her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their bodily Specimens. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete’s part be demonstrated in order to establish a Doping Offence under Article 2.1; nor is the Athlete's lack of intent, fault, negligence or knowledge a valid defence to a charge that a Doping Offence has been committed under Article 2.1.
2.1.2 Except for those substances for which a quantitative reporting threshold is specifically identified in the Prohibited List, the detected presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute a Doping Offence, unless the Athlete establishes that such presence is pursuant to a Therapeutic Use Exemption granted in accordance with Article 4 of these Rules.
2.1.3 As an exception to the general rule of Article 2.1, the Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.
2.1.4 The period of Ineligibility imposed for a Doping Offence as defined in Article 2.1 is set out at Article 10.2 of these Rules.
2.2 Use or Attempted Use of a Prohibited Substance or a Prohibited Method, unless the Athlete establishes that the Use or Attempted Use is pursuant to a Therapeutic Use Exemption granted in accordance with Article 4 of these Rules.
2.2.1 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. For a Doping Offence to be committed, it is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used.
2.2.2 The period of Ineligibility i