Our International Anti-Doping Lawyers Help You Determine Your Next Steps After a TUE Is Denied
A Therapeutic Use Exemption (TUE) authorizes an athlete to use a substance or method that is normally prohibited by the World Anti-Doping Agency (WADA) Prohibited List. If you have a medical condition that requires the use of a prohibited substance or method, being denied a TUE can potentially impact your ability to compete. The international anti-doping lawyers at Global Sports Advocates can help you navigate the TUE Appeal Process.
Determining Why Your Application Was Denied
If your TUE application is denied, the first step after receiving the decision from the ADO is to carefully review the written explanation provided by the TUE Committee (TUEC). They are required to outline the specific reasons why your application did not meet the criteria for approval.
Pay close attention to which of the four main TUE criteria were not satisfied in your case.
- The athlete has a clear diagnosed medical condition requiring treatment.
- The prohibited substance/method is necessary for treating this condition.
- There is no reasonable permitted alternative treatment.
- The need for the prohibited substance/method is not due to prior doping.
Fixing an Incomplete Application
Sometimes a TUE is denied simply because you are missing required information or documentation. If this is the case, you may be able to resubmit a complete application rather than going through a formal appeal. Contact the ADO to clarify exactly what additional details are needed.
If extensive documentation is still needed, it may be prudent to hire a lawyer to assist with gathering the outstanding information being sought by the ADO and its TUEC in order to ensure any new filing is complete.
Appealing a TUE Decision as a National-Level Athlete
For national-level athletes, the appeals process starts with the relevant national appeal body in your country. The exact process can vary, but should include:
- A timely hearing
- An impartial hearing panel
- The right to legal representation (at your own expense)
- A prompt, written decision explaining the panel's reasoning
Contact a lawyer to help you understand the process of initiating an appeal at the national level.
Appealing a TUE Decision as an International-Level Athlete
If you're an international-level athlete who has been denied a TUE by your International Federation (IF), you have two main options:
- Request that WADA review the TUE decision
- Appeal directly to the Court of Arbitration for Sport (CAS)
These options are not mutually exclusive. If WADA declines to review your case or upholds the IF's denial, you still retain the right to appeal to CAS. This serves as a final recourse for athletes who believe their TUE has been improperly denied. The CAS appeal must be filed within 21 days of the IF's original decision, or if a request is made to WADA to review the TUE denial, within 21 days of WADA’s decision not to review the file, to reverse the TEUC’s decision, or to maintain the TUEC’s decision.
Appealing Decisions Related to Major Sporting Events
Major Event Organizations (MEOs), such as the International Olympic Committee or organizers of world championships (such as the Pan American Championships), often have their own TUE procedures. Not only will they have a regular TUEC to make quick, fair initial decisions on TUE applications given the time-sensitive nature of major events, but MEOs will also have a specific independent body dedicated to handling TUE appeals.
During the event period, this special appeal body has exclusive jurisdiction over TUE matters. This means athletes cannot appeal to other bodies like CAS until after the event.
Additional Information
A PDF copy of the full Guidelines for the International Standard for Therapeutic Use Exemptions can be downloaded on the WADA website.
Please note that professional sports organizations, such as the Ultimate Fighting Championship (UFC) and Major League Baseball (MLB), have their own TUE application process which is distinct from WADA’s. As an athlete, it is your responsibility to be aware of the specific TUE rules that apply to your particular sport.
Global Sports Advocates has handled a wide range of international doping cases involving TUE appeals and other issues related to global sports compliance. Refer to our case results and testimonials pages to learn about some of our recent successes.