Our International Sports Law Attorneys Discuss WADC Sanctions for Anti-Doping Rule Violations
Compliance with the World Anti-Doping Agency’s (WADA) World Anti-Doping Code (WADC) is a requirement for participation in major competitions like the Olympics. Athletes who are accused of violating the Code can find that their professional reputation and ability to compete in the sport they love are at risk. Here, the international anti-doping rule violation lawyers from Global Sports Advocates explain the possible sanctions for common types of anti-doping violations.
Period of Ineligibility
The specific period of ineligibility associated with an anti-doping rule violation depends on the type of violation committed, the type of athlete who committed the violation, and the athlete’s degree of fault. It can range from no period of ineligibility if you are able to establish No Fault or Negligence (i.e., the athlete did not know and could not have reasonably known they ingested a prohibited substance or otherwise committed an anti-doping rule violation) to up to six years if an anti-doping organization can prove aggravating circumstances exist which increase the severity of the anti-doping rule violation committed. Here, we’ve provided a brief outline of the penalties for common anti-doping rule violations committed by national-level and international-level athletes. Additional information, especially exceptions to the standard sanctions described below, can be found in Article 10 of the World Anti-Doping Code, which is available as a PDF download on the WADA website.
Positive Test Result, Use, or Attempted Use
The standard sanction for violating Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample) or Article 2.2 (Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method) of the WADC is either two or four years depending on the type of substance the athlete tests positive for. Typically, positive tests for non-specified substances or methods carry a four-year period of ineligibility, whereas specified substances carry only a two-year period of ineligibility.
Reduction or elimination of the standard periods of ineligibility noted above is possible if the athlete is able to establish the most likely source of their positive test or, in exceptional circumstances where the source cannot be proven, that they did not intentionally commit the anti-doping rule violation. Once the source is established, an athlete may be able to reduce their period of ineligibility below 2 years if they can prove they bear No Fault or Negligence or No Significant Fault or Negligence. While No Fault or Negligence will eliminate any period of ineligibility, No Significant Fault or Negligence will reduce the athlete’s sanction to somewhere between a reprimand and 2 years based on their degree of fault.
For example, our lawyers at Global Sports Advocates often work with athletes who tested positive due to contaminated supplements. Under such circumstances, the period of ineligibility can range from a reprimand to two years. The same sanctioning range holds true for athletes who test positive for specified substances. However, in situations where an athlete tests positive for a non-specified substance unrelated to a contaminated supplement, the period of ineligibility can only be reduced to, at most, 1 year based on the athlete’s degree of fault.
There is one notable exception to the standard sanctioning policy that applies to banned substances that fall under the category of “substances of abuse.” If an athlete tests positive for one of these substances, and the athlete is able to establish that their use occurred out of competition and was unrelated to sports performance, they will receive a three-month period of ineligibility. This could be reduced to one month if the athlete successfully completes a substance of abuse treatment program that has been approved by the anti-doping organization with results management responsibility.
Possession
If an athlete is charged with an Article 2.6 (Possession of a Prohibited Substance or a Prohibited Method by an Athlete or Athlete Support Person) anti-doping rule violation, the potential period of ineligibility range follows the one laid out for Article 2.1 and 2.2 anti-doping rule violations described above, but because source does not need to be proven (the athlete has been found in possession of the banned substance), the focus is solely on the athlete’s degree of fault.
Failing to Submit to Sample Collection or Tampering With Doping Control
Violations of Article 2.3 (Evading, Refusing or Failing to Submit to Sample Collection by an Athlete) or Article 2.5 (Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person) carry a four-year period of ineligibility in most cases. However, if the athlete can establish their violation was not intentional or exceptional circumstances exist, then their period of ineligibility can be reduced down to two years depending on their degree of fault.
Whereabouts Failures
Violations related to Article 2.4 (Whereabouts Failures by an Athlete) have a two-year ineligibility period, but this is subject to a reduction down to one year based on the athlete’s degree of fault for each of their three missed tests and/or filing failures.
Trafficking or Administration of a Prohibited Substance or Method
For violations of Articles 2.7 (Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person) or 2.8 (Administration or Attempted Administration by an Athlete or Other Person to any Athlete In-Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method that is Prohibited Out-of-Competition), the period of ineligibility can range from a minimum of four years up to lifetime ineligibility.
Complicity or Attempted Complicity by an Athlete or Other Person
For violations of Article 2.9 (Complicity or Attempted Complicity by an Athlete or Other Person), the period of ineligibility ranges from a minimum of two years to a lifetime ban, depending on the seriousness of the violation.
Prohibited Association
For athletes to be charged with an Article 2.10 (Prohibited Association by an Athlete or Other Person) anti-doping rule violation, the anti-doping organization must establish that the athlete knew of the disqualifying status of the person they are associating with. If this is successfully proven, the athlete will face a two-year period of ineligibility, which can be reduced to a minimum of one year depending on the athlete’s degree of fault and other circumstances related to the case.
Discouraging or Retaliating Against Reporting to Authorities
Violations of Article 2.11 (Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities) carry a minimum of two years of ineligibility, with possible lifetime ineligibility depending on the seriousness of the violation.