Table of Contents
1.0 Scope and Application 1
1.1 Introduction 1
1.2 Application 1
1.3 Core Responsibilities 2
1.4 Interpretation 2
1.5 Commencement, Validity and Amendment 3
2.0 Doping Offences 3
3.0 The Prohibited List 5
3.1 Incorporation of the Prohibited List and the International
Standard for the Prohibited List 5
3.2 Prohibited Substances and Prohibited Methods Identified
on the Prohibited List 5
4.0 Therapeutic Use Exemptions 6
4.1 Incorporation of the International Standard for TUE
6
4.2 Scope and Effect of TUEs 6
4.3 TUE Application Process 7
4.4 Grant of a Therapeutic Use Exemption 7
4.5 Expiration or Cancellation of a TUE 8
4.6 Review of Decision Granting or Denying TUE Application
or Revoking or Withdrawing TUE 8
4.7 Emergency or Retrospective Approval of a Therapeutic
Use Exemption 9
4.8 Athlete Consent 9
5.0 Testing 10
5.1 Incorporation of the International Standard for Testing
10
5.2 Jurisdiction to Test 10
5.3 In-Competition Testing 10
5.4 Out-of-Competition Testing 10
5.5 Additional Obligations on Athletes in a Testing Pool
11
5.6 Selection of Athletes for a Test 12
5.7 Testing of Minors 12
6.0 Analysis of Samples 13
6.1 Incorporation of the International Standard for Laboratories
13
6.2 Use of Approved Laboratories 13
6.3 Substances Subject to Detection 13
6.4 Research on Samples 13
6.5 Reporting by Laboratories 13
7.0 Results Management 14
7.1 Responsibility for Results Management 14
7.2 Initial Review Regarding Adverse Analytical Findings
14
7.3 Review of Evidence Other Than Adverse Analytical Findings
15
7.4 Provisional Suspensions 16
7.5 Notice of Charge 17
7.6 B Sample Analysis 18
7.7 Statute of Limitations 18
8.0 Disciplinary Proceedings 18
8.1 Hearings before an Anti-Doping Tribunal 18
8.2 Convening the Anti-Doping Tribunal 19
8.3 Proceedings of the Anti-Doping Tribunal 20
8.4 Conduct of Hearings Before the Anti-Doping Tribunal
20
8.5 Burdens and Standards of Proof 21
8.6 Methods of Establishing Facts and Presumptions 21
8.7 Decisions of the Anti-Doping Tribunal 22
9.0 Disqualification of Results 23
9.1 Disqualification of Results in Relation to an In-Competition
Test 23
9.2 Disqualification of Results in Event in Relation to
Which a Doping Offence Occurs 23
9.3 Disqualification of Results in Competitions Subsequent
to Sample Collection 23
9.4 Effect on Team Results 23
9.5 Impact on Opponent's Results 24
10.0 Ineligibility Sanctions for Individuals 24
10.1 Intentionally Left Blank 24
10.2 Imposition of Ineligibility for Prohibited Substances
and Prohibited Methods 24
10.3 Specified Substances 24
10.4 Ineligibility for Other Doping Offences 25
10.5 Elimination or Reduction of Period of Ineligibility
Based on Exceptional Circumstances 25
10.6 Rules for Certain Potential Multiple Offences 26
10.7 Intentionally Left Blank 26
10.8 Commencement of Ineligibility Period 27
10.9 Status During Ineligibility 27
10.10 Reinstatement Testing 27
10.11 Additional Consequences 27
11.0 Consequences To Teams 28
12.0 Appeals 28
12.1 Decisions Subject to Appeal 28
12.2 Appeals from Decisions Relating to a Therapeutic Use
Exemption 28
12.3 Appeals from Decisions Imposing Provisional Suspensions
29
12.4 Appeals from Decisions Regarding Doping Offences and
Consequences 29
12.5 Filing an Appeal with the Appeal Panel 30
12.6 Convening an Appeal Panel 30
12.7 Proceedings before the Appeal Panel 31
12.8 Appeals to CAS 31
13.0 Reporting 32
13.1 Reporting of Pending Cases 32
13.2 Reporting of Testing 32
13.3 Reporting under the Code 32
13.4 Reporting of Decisions 32
14.0 Recognition of Decisions 32
15.0 Challenges to a Decision or these Rules 32
16.0 Miscellaneous 33
16.1 Information 33
16.2 Notices 33
16.3 Matters not otherwise provided for 34
Appendix Section Page
1 Definitions i
Anti-Doping Rules of British Darts Organisation
Article 1: Scope and Application
1.1 Introduction
1.1.1 The British Darts Organisation (the "BDO")
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 BDO 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 BDO or
of member or affiliate organisations or licensees of the
BDO; and
b. all Persons participating in any capacity
in Events, Competitions and other activities organised,
convened or authorised by the BDO 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 BDO, 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
BDO 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 BDO
and any designee(s) of the BDO, including UK Sport, to apply,
police and enforce these Rules;
c. to provide all requested assistance
to the BDO 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 BDO 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 BDO 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 BDO 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 BDO, 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 imposed for a Doping
Offence as defined in Article 2.2 is set out at Article
10.2 of these Rules.
2.3 Refusing or failing, without compelling justification,
to submit to Sample collection after notification, as authorised
in these Rules or other applicable anti-doping rules, or
otherwise evading Sample collection.
2.3.1 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.3 is set out at Article
10.4 of these Rules.
2.4 Failure to comply with applicable requirements
regarding Athlete availability for Out-Of-Competition Testing,
including (without limitation) failure to provide required
whereabouts information (as set out in Article 5.5 of these
Rules or in analogous provisions of other applicable rules)
and missed tests which are declared based on the provisions
of Article 5.5 of these Rules or in analogous provisions
of other applicable rules.
2.4.1 Articles 5.5.2, 5.5.3 and 5.5.4 of these Rules set
out the circumstances in which a failure by an Athlete to
provide whereabouts information shall constitute a Doping
Offence pursuant to this Article 2.4.
2.4.2 Article 5.5.5 of these Rules sets out the circumstances
in which an Athlete's failure to be available for an Out-of-Competition
Test shall constitute a Doping Offence pursuant to this
Article 2.4.
2.4.3 Where an Athlete who is subject to these Rules is
also subject to the specific requirements of the WDF or
any other Anti-Doping Organisation regarding Athlete availability
for Out-of-Competition Testing, a failure to satisfy such
requirements may be relied upon (including in combination
with any analogous failure under these Rules) as the basis
for bringing proceedings against the Athlete under these
Rules for breach of this Article 2.4.
2.4.4 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.4 is set out at Article
10.4.3 of these Rules.
2.5 Tampering, or Attempting to Tamper, with any part of
Doping Control.
2.5.1 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.5 is set out at Article
10.4 of these Rules.
2.6 Possession of Prohibited Substances and Methods.
2.6.1 Possession by an Athlete at any time or place of
a substance that is prohibited in Out-of-Competition Testing
or a Prohibited Method is a Doping Offence under Article
2.6 unless the Athlete establishes that the Possession is
pursuant to a Therapeutic Use Exemption granted in accordance
with Article 4 of these Rules or other acceptable justification.
2.6.2 Possession of a substance that is prohibited in Out-of-Competition
Testing or a Prohibited Method by Athlete Support Personnel
in connection with an Athlete, Competition or training is
a Doping Offence under Article 2.6, unless the Athlete Support
Personnel establishes that the Possession is pursuant to
a Therapeutic Use Exemption granted to an Athlete in accordance
with Article 4 or other acceptable justification.
2.6.3 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.6 is set out at Article
10.2 of these Rules.
2.7 Trafficking in any Prohibited Substance or Prohibited
Method.
2.7.1 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.7 is set out at Article
10.4.2 of these Rules.
2.8 Administration or Attempted administration of
a Prohibited Substance or Prohibited Method to any Athlete
(unless the Athlete establishes that the administration
or Attempted administration was pursuant to a Therapeutic
Use Exemption granted in accordance with Article 4 of these
Rules), or assisting, encouraging, aiding, abetting, covering
up or any other type of complicity involving a Doping Offence
or any Attempted Doping Offence.
2.8.1 The period of Ineligibility imposed for a Doping
Offence as defined in Article 2.8 is set out at Article
10.4.2 of these Rules.
Article 3: The Prohibited List
3.1 Incorporation of the Prohibited List and the
International Standard for the Prohibited List
3.1.1 These Rules adopt and incorporate the Prohibited
List and the WADA International Standard for the Prohibited
List, as amended from time to time. It shall be the responsibility
of Participants to familiarise themselves with the Prohibited
List and related Standard and all amendments thereto.
3.1.2 The current Prohibited List is available on the websites
of WADA (www.wada-ama.org) and UK Sport (www.uksport.gov.uk)
and is reproduced in full in the UK Sport Anti-Doping Procedures
Guide for Sport.
3.1.3 The Prohibited List may be amended by WADA from time
to time. Unless provided otherwise by WADA, such amendments
shall come into effect under these Rules three (3) months
after publication of the amendments by WADA without requiring
any further action by the BDO.
3.2 Prohibited Substances and Prohibited Methods Identified
on the Prohibited List
3.2.1 The Prohibited List identifies those Prohibited Substances
and Prohibited Methods which are prohibited at all times
(both In-Competition and Out-of-Competition) and those additional
substances and methods which are prohibited In-Competition
only.
3.2.2 Prohibited Substances and Prohibited Methods may
be included in the Prohibited List by general category (e.g.
anabolic agents) or by specific reference to a particular
substance or method or sport.
3.2.3 Upon the recommendation of the WDF, the Prohibited
List may be expanded by WADA for the sport of darts, in
which case such special provision shall be expressly identified
in the Prohibited List.
3.2.4 WADA’s determination of the Prohibited Substances
and Prohibited Methods that will be included on the Prohibited
List shall be final and shall not be subject to challenge
by an Athlete or other Person on any grounds.
Article 4: Therapeutic Use Exemptions
4.1 Incorporation of the International Standard
for TUEs
4.1.1 The Code permits Athletes and their physicians to
apply for permission to Use, for therapeutic purposes, substances
or methods on the Prohibited List whose Use is otherwise
prohibited.
4.1.2 The International Standard for TUEs sets out the
circumstances in which Athletes may claim such a therapeutic
use exemption (or "TUE"). These Rules adopt and
incorporate that Standard, as amended from time to time.
All Persons shall be deemed to accept the Standard and any
amendments thereto as binding upon them without further
formality.
4.2 Scope and Effect of TUEs
4.2.1 In order to excuse the presence or Use or Possession
of a Prohibited Substance or Prohibited Method that would
otherwise amount to a Doping Offence under Article 2 of
these Rules, a TUE must be obtained that covers such presence
or Use or Possession, in accordance with this Article 4.2.
4.2.2 Athletes in the International Registered Testing
Pool should apply to the WDF for a TUE in accordance with
the rules of the WDF, unless the WDF has agreed that UK
Sport may process TUE applications for such Athletes in
accordance with these Rules, in which case such applications
may be made in accordance with Article 4.2.3.
4.2.3 Subject only to Article 4.7 (which identifies limited
circumstances in which a TUE may be granted retrospectively):
a. an Athlete in the National Registered
Testing Pool must obtain a Therapeutic Use Exemption in
accordance with Article 4.3 prior to Using or Possessing
the Prohibited Substance or Prohibited Method in question;
and
b. the BDO may also establish a further
pool of Athletes not in the International or National Registered
Testing Pools (the Domestic Pool) who are required to obtain
a Therapeutic Use Exemption in accordance with Article 4.3
prior to Using or Possessing the Prohibited Substance or
Prohibited Method in question.
4.2.4 If an Athlete outside of the International Testing
Pool, the National Registered Testing Pool and the Domestic
Pool is tested pursuant to these Rules, and that Athlete
has been Using a Prohibited Substance or Prohibited Method
to treat a documented medical condition, then he/she may
make a retrospective TUE application to UK Sport either:
a. at the time of testing (for inclusion
with Sample collection documentation); or
b. so that it is received by UK Sport
no later than five (5) working days after the test is completed.
4.2.5 For Events held in the UK under the jurisdiction
of the WDF, the TUE rules of the WDF will apply.
4.2.6 An Athlete may not apply to more than one Anti-Doping
Organisation for a TUE. An Athlete subject to these Rules
who applies for a TUE pursuant to the rules of the WDF or
another Anti-Doping Organisation shall report the grant
or denial of the application immediately to both the BDO
and UK Sport, by sending them copies of the application
and the decision.
4.2.7 In accordance with Article 15.4 (Mutual Recognition)
of the Code, the BDO will recognise and respect any TUE
granted to an Athlete by or on behalf of a Signatory, provided
that the grant is consistent with the Code and is within
that Signatory’s authority. Otherwise, however, an
Athlete subject to these Rules who requires a TUE must obtain
one from UK Sport in accordance with this Article 4.2.
4.3 TUE Application Process
4.3.1 Save where Article 4.3.2 applies, an Athlete requiring
a TUE must follow the process for standard TUE applications
detailed in the UK Sport Anti-Doping Procedures Guide for
Sport.
4.3.2 Where the International Standard for TUEs allows
an abbreviated procedure to be used (generally in cases
where the Prohibited Substance or Prohibited Method in question
is recognised as appropriate for use to treat medical conditions
frequently encountered in the Athlete population: see paragraph
8.2 of the International Standard for TUEs), the Athlete
may follow the process for abbreviated TUE applications
detailed in the UK Sport Anti-Doping Procedures Guide for
Sport.
4.4 Grant of a Therapeutic Use Exemption
4.4.1 An application for a standard TUE will go before the
UK Sport TUE Committee for prompt consideration in accordance
with the UK Sport Anti-Doping Procedures Guide for Sport.
The UK Sport TUE Committee will only grant the TUE in strict
accordance with the following criteria, which it is the
Athlete's burden to satisfy:
a. Subject to Articles 4.2.4 and 4.7,
the TUE application must be submitted to UK Sport as soon
as the requirement for the TUE arises and (save in exceptional
circumstances: see Article 4.7) no less than 21 days before
participating in an Event or Competition.
b. The application must be completed in
full, signed by the Athlete and the prescribing physician(s),
and accompanied by all relevant medical information as specified
in the UK Sport Anti-Doping Procedures Guide for Sport.
c. The Athlete would experience a significant
impairment to health if the Prohibited Substance or Prohibited
Method in question were to be withheld in the course of
treating an acute or chronic medical condition.
d. The Therapeutic Use of the Prohibited
Substance or Prohibited Method in question would produce
no additional enhancement to performance other than that
which might be anticipated by a return to a state of normal
health following the treatment of a legitimate medical condition.
The Use of any Prohibited Substance or Prohibited Method
to increase “low-normal” levels of any endogenous
hormone is not considered an acceptable Therapeutic intervention.
e. There is no reasonable Therapeutic
alternative to the Use of the otherwise Prohibited Substance
or Prohibited Method.
f. The necessity for the Use of the otherwise
Prohibited Substance or Prohibited Method cannot be a consequence,
wholly or in part, of the Athlete’s prior non-Therapeutic
Use of any substance from the Prohibited List.
4.4.2 An abbreviated TUE will be deemed to have been granted
on the date that UK Sport acknowledges receipt of a properly
completed abbreviated TUE application; provided that the
abbreviated TUE may be revoked at any time thereafter, in
accordance with the provisions of the UK Sport Anti-Doping
Procedures Guide for Sport, if it is subsequently determined
that the criteria for its grant are not satisfied.
4.4.3 A TUE (abbreviated or standard) will have a specified
duration as decided on a case by case basis by UK Sport
or the UK Sport TUE Committee (as applicable). It may also
be granted subject to such conditions or restrictions as
UK Sport or the UK Sport TUE Committee (as applicable) may
see fit. On expiry of the term of the TUE, an Athlete who
wishes to continue to Use the Prohibited Substance or Prohibited
Method in question must again apply for a TUE in accordance
with this Article 4.4.
4.4.4 An Athlete may not assume that his/her application
for a TUE (or for renewal of a TUE) will be granted. Any
Use or Possession of a Prohibited Substance or Prohibited
Method before an application has been granted shall be entirely
at the Athlete’s own risk.
4.4.5 The submission of false or misleadingly incomplete
information in support of a TUE application (including but
not limited to the failure to advise of the unsuccessful
outcome of a prior application to another Anti-Doping Organisation
for such a TUE) may result in the bringing of disciplinary
charges for misconduct against those involved pursuant to
the disciplinary rules of the BDO or other applicable rules.
4.5 Expiration or Cancellation of a TUE
4.5.1 A TUE granted pursuant to these Rules:
a. shall expire in accordance with Article
4.4.3 at the end of any term for which the TUE was granted;
b. may be cancelled by UK Sport if the
Athlete does not promptly comply with any requirements or
conditions imposed by UK Sport or the UK Sport TUE Committee
(as applicable) upon grant of the TUE; or
c. may be withdrawn by UK Sport or the
UK Sport TUE Committee (as applicable) in accordance with
Article 4.4.2 if it is subsequently determined that the
criteria for grant of a TUE are not in fact met.
4.5.2 Expiration of a TUE pursuant to Article 4.5.1(a)
shall take effect automatically at the end of the term for
which the TUE was granted without the need for any further
notice or other formality.
4.5.3 Cancellation of a TUE pursuant to Article 4.5.1(b)
or withdrawal of a TUE pursuant to Article 4.5.1(c) shall
be notified by UK Sport to the Athlete in accordance with
Article 16.2 of these Rules, with copies to the BDO, the
WDF and all other relevant Anti-Doping Organisations. Such
notice shall take effect upon receipt, as specified in Article
16.2.
4.5.4 In the event of an expiration, cancellation or withdrawal
of the TUE pursuant to Article 4.5.1, the Athlete shall
not be subject to any Consequences based on his/her Use
or Possession of the Prohibited Substance or Prohibited
Method in question in accordance with the TUE at any time
prior to the effective date of expiry, cancellation or withdrawal
of the TUE. The review pursuant to Article 7.2.1 of any
subsequent Adverse Analytical Finding shall include consideration
of whether such finding is consistent with Use of the Prohibited
Substance or Method prior to that date, in which event there
shall be no case to answer.
4.6 Review of Decision Granting or Denying TUE Application
or Revoking or Withdrawing TUE
4.6.1 In accordance with Article 4.4 of the Code:
a. upon the request of an Athlete whose
application for a TUE has been denied by UK Sport or the
UK Sport TUE Committee, WADA may reverse such denial if
it determines that such denial did not comply with the applicable
International Standard for Therapeutic Use Exemptions; and
b. on its own initiative, WADA may reverse
any grant of a TUE if it determines that such grant did
not comply with the applicable International Standard for
Therapeutic Use Exemptions;
subject in each case to the right of the BDO or UK Sport
to appeal to CAS against WADA's decision, in accordance
with Article 12.2.3 of these Rules.
4.6.2 Without prejudice to Article 4.6.1, an Athlete whose
application for a TUE pursuant to these Rules is denied,
or granted subject to conditions or restrictions, or subsequently
revoked or withdrawn by UK Sport or the UK Sport TUE Committee,
may appeal that decision to the UK TUE Appeal Panel in the
manner set out in the UK Sport Anti-Doping Procedures Guide
for Sport. Alternatively, if the Athlete is an International-Level
Athlete, he/she may at his election appeal the decision
to CAS in accordance with Article 12.8 of these Rules. the
BDO, UK Sport and/or WADA may appeal to CAS against any
decision of the UK TUE Appeal Panel overturning the original
decision, in accordance with Article 12.2.2 of these Rules.
4.6.3 Until such time as the grant of a TUE application
made pursuant to these Rules has been reversed by WADA pursuant
to Article 4.6.1, or the denial of a TUE application made
pursuant to these Rules has been reversed by WADA pursuant
to Article 4.6.1 or overturned on appeal pursuant to Article
4.6.2, such grant or denial shall remain in full force and
effect.
4.7 Emergency or Retrospective Approval of a Therapeutic
Use Exemption
4.7.1 Save as set out in Article 4.2.4, emergency or retrospective
approval of an application for a TUE may be granted only
where:
a. emergency treatment or treatment of
an acute medical condition was necessary; or
b. due to exceptional circumstances, there
was insufficient time or opportunity for the Athlete to
submit, or for the UK Sport TUE Committee to consider, an
application prior to Doping Control.
4.8 Athlete Consent
4.8.1 An Athlete who seeks a TUE pursuant to these Rules
consents to the processing of the TUE application as set
out in the UK Sport Anti-Doping Procedures Guide for Sport,
including:
a. the communication by UK Sport of the
information in the application to members of the UK Sport
TUE Committee and (as required) on an anonymised basis to
other independent medical or scientific experts consulted
by the UK Sport TUE Committee;
b. the disclosure by the Athlete's physician(s)
of any further information required by UK Sport or the UK
Sport TUE Committee to process his/her TUE application;
and
c. the communication of the grant or denial
of a TUE, including the details of any conditions or restrictions
on such grant, and any supporting documentation or information,
to the BDO, the WDF, WADA and other Anti-Doping Organisations.
4.8.2 Should the Athlete wish to revoke the consent set
out at Article 4.8.1, he/she must notify the BDO, UK Sport
and his/her physician(s) in writing of the fact; provided
that upon such revocation of consent the application for
a TUE (or for renewal of an existing TUE) will be deemed
denied.
Article 5: Testing
5.1 Incorporation of the International Standard
for Testing
5.1.1 These Rules adopt and incorporate the WADA International
Standard for Testing, as amended from time to time. All
Persons shall be deemed to accept that Standard and any
amendments thereto as binding upon them without further
formality.
5.2 Jurisdiction to Test
5.2.1 All Athletes who are subject to these Rules must
make themselves available for and must submit to Doping
Control (urine and/or blood) at any time (whether In-Competition
or Out-of-Competition, with notice or with No Advance Notice)
pursuant to these Rules, whether in the UK or overseas.
5.2.2 Testing conducted pursuant to these Rules shall be
carried out in substantial conformity with the International
Standard for Testing in force at the time of Testing.
5.2.3 Other Anti-Doping Organisations may also have jurisdiction
to test Athletes who are subject to these Rules, in accordance
with Article 15 of the Code. the BDO shall recognise such
Testing in accordance with Article 15.4 (Mutual Recognition)
of the Code and may bring proceedings against an Athlete
pursuant to these Rules for a Doping Offence arising in
relation to such Testing.
5.3 In-Competition Testing
5.3.1 At National Events, the BDO, in consultation with
UK Sport, other relevant Anti-Doping Organisations or WADA,
shall determine the number of Athletes to be selected for
Testing in each Competition and the procedures for selecting
the Athletes for Testing.
5.3.2 the BDO shall provide Independent Observers with
access to Testing conducted at National Events pursuant
to these Rules, subject to reasonable advance notice.
5.3.3 In the event that the Testing produces evidence (for
example, the presence of alcohol) that suggests that the
Athlete’s participation in a Competition or Event
may present a risk to the Athlete or other participants,
the BDO may stop the Athlete participating in the Competition
or Event pending further investigation.
5.3.4 At International Events, the collection of Samples
shall be initiated and directed by the organiser of the
Event. If the organiser of the Event decides not to conduct
any Testing at an International Event taking place in the
UK, then by agreement with the WDF or WADA, UK Sport may
initiate and conduct such Testing pursuant to these Rules.
5.4 Out-of-Competition Testing
5.4.1 In addition to the general Article 5.2.1 obligation
on all Athletes who are subject to these Rules to submit
to Testing, including Out-of-Competition Testing:
a. the WDF shall establish a pool (the
International Registered Testing Pool) of Athletes who are
required to provide up-to-date whereabouts information to
the WDF and to make themselves available for Testing at
such whereabouts in accordance with its rules; and
b. UK Sport, in consultation with the
BDO, shall establish, and may revise from time to time,
a pool of Athletes subject to these Rules (the National
Registered Testing Pool) who are required to provide up-to-date
whereabouts information to UK Sport and to make themselves
available for Testing at such whereabouts in accordance
with Article 5.5 of these Rules. An Athlete subject to these
Rules may be included in the National Registered Testing
Pool notwithstanding that he/she is also included in an
International Registered Testing Pool;
and the failure by an Athlete in such pool(s) to satisfy
such filing requirements and/or to be available for Testing
at such whereabouts according to the applicable rules may
be relied upon as the basis for the bringing of proceedings
against the Athlete for breach of Article 2.4 of these Rules.
5.4.2 the BDO or UK Sport will notify an Athlete in writing
of his/her inclusion in the National Registered Testing
Pool.
5.5 Additional Obligations on Athletes in a Testing
Pool
5.5.1 Each Athlete, on notification of selection into the
National Registered Testing Pool, shall provide personal
details required for carrying out Testing, including details
of any registered or other disabilities (including intellectual,
sensorial or physical), in accordance with the UK Sport
Anti-Doping Procedures Guide for Sport.
5.5.2 Each Athlete in the International Registered Testing
Pool shall file whereabouts information, and shall make
him/herself available for Testing at such whereabouts in
accordance with the anti-doping rules of the WDF. A failure
by any Athlete in the International Registered Testing Pool
who is also subject to these Rules to satisfy such requirements
shall be counted as a failure under these Rules for purposes
of Articles 5.5.4and 5.5.5 respectively and may therefore
form the basis for the bringing of proceedings against the
Athlete for breach of Article 2.4 of these Rules.
5.5.3 Each Athlete in the National Registered Testing Pool
shall file quarterly reports with UK Sport in the manner
set out in the UK Sport Anti-Doping Procedures Guide for
Sport, specifying a minimum of one (1) location a day, for
a minimum of five (5) days a week, identifying times on
those days when an Athlete will be at that location for
not less than one (1) hour. Locations could include, but
are not limited to an Athlete’s place of residence,
work or training venue. Athletes shall update this information
as necessary so that it is current at all times. In accordance
with Article 14.3 of the Code, UK Sport may provide such
information on a confidential basis to WADA for purposes
of Out-of-Competition testing by other Anti-Doping Organisations.
5.5.4 An Athlete in the National Registered Testing Pool
who receives a written warning from UK Sport for failure
to submit a required quarterly whereabouts report or any
necessary update as required by Article 5.5.3 and yet fails
to file such report or update within 7 working days of receipt
of the warning shall be deemed to have failed to comply
with Article 5.5.3. It shall be a Doping Offence pursuant
to Article 2.4 of these Rules for an Athlete to fail three
separate times in any period of eighteen (18) consecutive
months to comply with Article 5.5.3.
5.5.5 It shall be a Doping Offence pursuant to Article
2.4 of these Rules for any Athlete in the National Registered
Testing Pool to miss a test (ie to be unavailable for Testing
at his/her declared whereabouts), without compelling justification,
on three occasions during any period of eighteen (18) consecutive
months. Notice shall be sent to the Athlete in respect of
each attempt which the BDO proposes to count as a missed
test, inviting the Athlete to provide a written explanation
for missing the test. If the BDO, acting in consultation
with UK Sport or other relevant Anti-Doping Organisation,
considers that the explanation provided shows that the Athlete
was reasonably prevented from updating his/her most recent
whereabouts report to notify UK Sport that he/she would
not be available at that location, or that there were exceptional
circumstances why he/she was not available at that location,
the attempt will not be counted as a missed test. Otherwise,
however, the attempt will be counted as a missed test for
purposes of Article 2.4. Such determination shall be without
prejudice to the Athlete's right to submit such explanation
as part of his/her defence to any proceedings subsequently
brought against him/her pursuant to Article 2.4.
5.5.6 An Athlete is personally responsible for compliance
with the provisions of this Article 5.5. It shall not be
a defence to proceedings brought further to Article 2.4
of these Rules that an Athlete delegated responsibility
for compliance to another Person (eg a team coach) and that
Person failed to ensure compliance.
5.5.7 An Athlete who is in the National Registered Testing
Pool shall continue to be subject to the additional requirements
set out in this Article 5.5 unless and until:
a. he/she gives written notice to the
BDO and UK Sport that he/she has retired from the sport
of darts; or
b. UK Sport and/or the BDO have informed
him/her that he/she no longer satisfies the criteria for
inclusion in the National Registered Testing Pool.
5.5.8 An Athlete who has retired from competition in the
sport of darts may not resume competing unless he/she makes
him/herself available, by written notification of whereabouts
information to the BDO and UK Sport, for Out-of-Competition
Testing.
5.6 Selection of Athletes for a Test
5.6.1 The BDO, acting in consultation with UK Sport or
other relevant Anti-Doping Organisations, will select Athletes
for Testing using Target Testing, Weighted and random selection
methods, in accordance with the International Standard for
Testing in force at the time of selection.
5.6.2 As a minimum, the BDO shall consider Target Testing
of Athletes based on the following information:
a. injury;
b. withdrawal or absence from expected
Competition;
c. coming out of retirement;
d. behaviour indicating doping;
e. sudden major improvements in performance;
f. changes in the Athlete's whereabouts
information that can indicate a potential increase in the
risk of doping, including moving to a remote location;
g. the Athlete's sport performance history;
h. details of the Athlete's past Doping
Controls;
i. the Athlete's reinstatement after a
period of Ineligibility; and
j. reliable information from a third party.
5.6.3 In order to preserve the ability to conduct No Advance
Notice Testing, those who become aware of the selection
of an Athlete for Testing shall only disclose such information
on a strictly need-to-know basis. Any failure to comply
with this requirement may result in the bringing of disciplinary
charges for misconduct against those involved pursuant to
the disciplinary rules of the BDO or other applicable disciplinary
rules.
5.7 Testing of Minors
5.7.1 Testing under these Rules may only be conducted on
a Minor where a Person with legal responsibility for that
Minor has given prior written consent.
5.7.2 Where the Minor is included in the National Registered
Pool or the Domestic Pool, such consent must be provided
upon notification of inclusion in the pool as a pre-condition
to further participation in the sport. In all other cases,
such consent must be provided at the time of the Testing
in question as a pre-condition to further participation
in the sport. In addition, the rules of a particular Event
may require the provision of consent pursuant to Article
5.7.1 as a pre-condition of participation by any Minor in
the Event.
Article 6: Analysis of Samples
6.1 Incorporation of the International Standard
for Laboratories
6.1.1 These Rules adopt and incorporate the WADA International
Standard for Laboratories, as amended from time to time.
All Persons shall be deemed to accept that Standard and
any amendments thereto as binding upon them without further
formality.
6.2 Use of Approved Laboratories
6.2.1 Samples collected under these Rules shall be sent
for analysis only to WADA-accredited laboratories or as
otherwise approved by WADA.
6.2.2 Laboratories shall analyse Samples collected under
these Rules and shall report analytical results in substantial
conformity with the International Standard for Laboratories
applicable at the time of analysis.
6.2.3 Save in the circumstances set out at Article 7.6.6,
the BDO shall be responsible for the costs of analysis of
Samples under these Rules.
6.3 Substances Subject to Detection
6.3.1 Samples shall be analysed to detect Prohibited Substances
and Prohibited Methods identified on the Prohibited List
and other substances as may be directed by WADA pursuant
to the Monitoring Programme described in Article 4.5 of
the Code.
6.4 Research on Samples
6.4.1 All Samples provided by an Athlete for the purposes
of Doping Control under these Rules shall be the property
of the BDO, and the BDO shall be entitled (subject to Article
6.4.2) to determine all matters regarding the analysis and
disposal of such Samples.
6.4.2 No Sample may be used for any purpose other than
the detection of substances (or classes of substances) or
methods on the Prohibited List, or as otherwise identified
by WADA pursuant to its Monitoring Programme, without the
Athlete’s written consent.
6.4.3 For the avoidance of doubt, a Sample may be stored
after initial analysis and subsequently re-analysed where
considered appropriate based on the development of new knowledge
or information arising after the initial analysis of the
Sample.
6.5 Reporting by Laboratories
6.5.1 The results of the analysis of a Sample collected
under these Rules shall be set out in a report signed by
an authorised representative of the laboratory. The report
shall include a documentation package enclosing all of the
information required by the International Standard for Laboratories.
6.5.2 Any Adverse Analytical Findings reported by the laboratory
shall be dealt with in accordance with the provisions of
Article 7 of these Rules.
Article 7: Results Management
7.1 Responsibility for Results Management
7.1.1 Results management and the investigation of possible
Doping Offences shall proceed pursuant to these Rules where
the Person involved is subject to these Rules and the conduct
in question (ie the Adverse Analytical Finding, the failure
to file whereabouts information, the missed test or other
apparent Doping Offence):
a. was identified by a Doping Control
conducted pursuant to these Rules or otherwise arose in
relation to these Rules; or
b. was identified by a Doping Control
conducted pursuant to other applicable rules (e.g. at an
International Event) or otherwise arose in relation to those
other rules (e.g. a failure to satisfy the whereabouts requirements
applicable under those rules), and the Anti-Doping Organisation
that issued such rules requests or it is otherwise appropriate
in all of the circumstances for the BDO to take jurisdiction
over the matter.
7.1.2 In accordance with Article 15.3.1 of the Code, the
WDF may provide for different rules to apply for results
management and the conduct of hearings in relation to Athletes
under the jurisdiction of the BDO who are not citizens of
or resident in the UK.
7.2 Initial Review Regarding Adverse Analytical
Findings
7.2.1 Upon receipt of an Adverse Analytical Finding in
relation to an A Sample, UK Sport on behalf of the BDO shall
conduct a review as soon as reasonably practicable of any
TUE file maintained in relation to the Athlete as well as
of the documentation relating to the Doping Control and
the A Sample analysis to determine whether:
a. the Athlete holds a valid and applicable
TUE; or
b. there has been a departure from the
International Standard for Testing or the International
Standard for Laboratories in force at the time of Testing
or analysis of the Sample in question;
and in the event of such departure then the BDO shall determine,
in consultation with UK Sport, whether the departure undermines
the validity of the Adverse Analytical Finding.
7.2.2 If it is determined pursuant to Article 7.2.1 either
that the Athlete holds a valid and applicable TUE, or that
there has been a departure from either the applicable International
Standard for Testing or the applicable International Standard
for Laboratories that undermines the validity of the Adverse
Analytical Finding, then no further action shall be taken
in relation to such Adverse Analytical Finding; provided,
however, that the Athlete may subsequently be made the subject
of Target Testing.
7.2.3 If it is determined pursuant to Article 7.2.1 that
there is neither a valid and applicable TUE nor a departure
from either the applicable International Standard for Testing
or the applicable International Standard for Laboratories
that undermines the validity of the Adverse Analytical Finding,
then there shall be deemed to be a case to answer under
Article 2 of these Rules and the matter shall proceed as
set out in Article 7.5; save that where the Prohibited List
requires further investigation be undertaken in relation
to an Adverse Analytical Finding to determine whether there
is a case to answer, the BDO shall first write to the Athlete,
advising him/her of:
a. the Adverse Analytical Finding;
b. the determination made pursuant to
Article 7.2.1; and
c. the further investigation that is required
to be undertaken to determine whether there is a case to
answer.
7.2.4 The Athlete shall co-operate fully with the further
investigation required by the Prohibited List so that it
may be determined as soon as reasonably practicable whether
there is a case to answer in relation to the Adverse Analytical
Finding. Any failure to do so:
a. may, if it involves refusal to submit
to Doping Control, constitute a separate Doping Offence
under these Rules; and
b. without prejudice thereto, may result
in the bringing of disciplinary charges for misconduct against
the Athlete pursuant to the disciplinary rules of the BDO
or other applicable disciplinary rules.
7.2.5 If it is determined following further investigation
in accordance with Article
7.2.4 that there is a case to answer under Article 2 of
these Rules, then the matter shall proceed as set out in
Article
7.5. If it is determined following such further
investigation that there is no case to answer, however,
then no further action shall be taken in relation to the
Adverse Analytical Finding and the Athlete shall be advised
accordingly; provided, however, that the Athlete may subsequently
be made the subject of Target Testing.
7.3 Review of Evidence Other Than Adverse Analytical
Findings
7.3.1 Where a matter arises that involves evidence of a
Doping Offence other than an Adverse Analytical Finding,
then the BDO shall conduct any further investigation required
in order to determine whether there is a case to answer
under Article 2 of these Rules, including the seeking of
any additional information. This may include, where the
BDO considers it appropriate to do so, giving the Person(s)
implicated in the alleged Doping Offence an opportunity,
subject to compliance with a strict time-table, to make
such submissions as he/she may wish. If the BDO decides
to invite such submissions, a formal hearing is not required
to be held. Instead, the BDO shall determine how the submissions
should be made, such as (for example) in writing, or by
telephone conference.
7.3.2 Failure by any Participant to cooperate in full with
an investigation undertaken in accordance with Article 7.3.1
may result in the bringing of disciplinary charges for misconduct
against those involved pursuant to the disciplinary rules
of the BDO or other applicable disciplinary rules.
7.3.3 Where, following the conclusion of any investigation
and assessment of the evidence, the BDO concludes that there
is no case to answer under Article 2 of these Rules, no
further action shall be taken; provided, however, that the
Athlete may subsequently be made the subject of Target Testing.
7.3.4 Where, following the conclusion of any investigation
and assessment of the evidence, the BDO concludes that there
is a case to answer under Article 2 of these Rules, the
matter shall proceed as set out in Article 7.5 of these
Rules.
7.4 Provisional Suspensions
7.4.1 Upon a determination pursuant to Article 7.2.3 or
7.2.5 or 7.3.4 that there is a case to answer under Article
2 of these Rules, the BDO may Provisionally Suspend the
Athlete with immediate effect.
7.4.2 In the event that the BDO Provisionally Suspends
an Athlete pursuant to Article
7.4.1, the Athlete shall be notified as soon as practicable
(by sending him/her notice as set out in Article 7.5) and
shall be advised that he/she has the choice of:
EITHER
a. the right to a full hearing on the
charge(s) against him/her pursuant to Article 8, to take
place (save in exceptional circumstances) no later than
fourteen days after the date of imposition of the Provisional
Suspension, unless otherwise agreed by the Athlete;
OR
b. the right, pending a full hearing on
the charge(s) against him/her pursuant to Article 8, to
make submissions to the Chairman of the Anti-Doping Tribunal
convened to hear his/her case, showing cause why the Provisional
Suspension should be lifted in advance of the full hearing;
Provided That:
i. the submissions shall be made in writing
or (if the Chairman so orders) by a telephone conference.
There shall be no right to personal attendance before the
Chairman, unless he/she so orders;
ii. the Provisional Suspension shall remain
in place pending the decision of the Chairman of the Anti-Doping
Tribunal, sitting alone;
iii the Chairman shall seek the comments
of the BDO on the Athlete’s submissions prior to making
such decision; and
iv. the Provisional Suspension shall not
be lifted unless there are exceptional circumstances, such
as clear mistaken identity or other patent flaw in the case
against the Athlete. The fact that the Provisional Suspension
will stop the Athlete competing in a particular Competition
or Event shall not of itself qualify as exceptional circumstances
for these purposes;
AND
c. if the Chairman of the Anti-Doping
Tribunal upholds the Provisional Suspension, the right to
an expedited appeal against that decision to the Chairman
of the Anti-Doping Panel, to be heard on the same basis
as the Chairman of the Anti-Doping Tribunal heard the initial
challenge;
provided that if the case arises from competition in an
International Event or involves an International-Level Athlete,
then the Athlete may forego the foregoing appeals in favour
of an appeal to CAS in accordance with Article 12.3.
7.4.3 A Person who is subject to a Provisional Suspension
may not, during the period of Provisional Suspension, participate
in any capacity in a Competition or Event organised, convened
or authorised by the BDO or by any body that is a member
of, or affiliated to, or licensed by the BDO, wherever held.
In addition, the BDO shall seek to have the Provisional
Suspension recognised by other Anti-Doping Organisations
pursuant to Article 15.4 (Mutual Recognition) of the Code.
7.5 Notice of Charge
7.5.1 Where it is determined, pursuant to Article 7.2.3,
Article 7.2.5 or Article 7.3.4, that a Participant has a
case to answer under Article 2 of these Rules, then the
BDO shall as soon as practicable notify the Participant
in writing of:
a. the Doping Offence(s) that the Participant
is charged with committing;
b. a summary of the facts and evidence
relied upon by the BDO in support of such charge. Where
the charge is based upon an Adverse Analytical Finding,
a copy of the A Sample laboratory documentation package,
which shall include the information required by the International
Standard for Laboratories, shall be enclosed with the written
notice;
c. confirmation of any Provisional Suspension
that has been imposed on the Participant pursuant to Article
7.4, along with an explanation of his/her Article 7.4.2
rights in relation to such Provisional Suspension;
d. the Consequences arising under these
Rules if it is established that the Participant has committed
the Doping Offence(s) charged (including identifying any
discretion that may exist in relation to such Consequences
under these Rules);
e. where the charge is based on an Adverse
Analytical Finding, the right of the Athlete to request
the analysis of the B Sample (and to attend the opening
of the B Sample and its analysis), which request must be
received by the BDO within 14 days of the date of the Article
7.5.1 notice, or else it shall be deemed waived and the
Adverse Analytical Finding in respect of the A Sample shall
be deemed to have been accepted by the Athlete;
f. the right of the Participant, if so
advised, to admit the Doping Offence(s) charged, together
with confirmation that in such case the matter shall proceed
as set out in Article 8.1.2; and
g. alternatively, the right of the Participant,
if so advised, to deny the Doping Offence(s) charged and
to have the charge heard by an Anti-Doping Tribunal, in
which case the matter shall proceed as set out in Article
8.1 (or, where the charge is based on an Adverse Analytical
Finding and the Athlete exercises his/her right to analysis
of the B Sample, as set out in Article 7.6).
7.5.2 the BDO shall send copies of the Article 7.5.1 notice
to UK Sport, the WDF and WADA in accordance with Article
13.1.1.
7.5.3 The Participant must ensure that the BDO receives
his/her written reply to the Article 7.5.1 notice within
fourteen (14) days of the date of the Article 7.5.1 notice.
Otherwise, the Participant shall be deemed to have admitted
the charge set out in the Article 7.5.1 notice and to have
waived his/her right to analysis of the B Sample (where
applicable) and to a hearing, and the matter shall proceed
as set out in Article 8.1.2. In his/her reply, the Participant
must either:
a. admit the Doping Offence(s) charged,
in which case the reply must set out in summary form any
contentions that the Participant wishes to advance as to
the Consequences that should be imposed (if any) for such
offence, and the matter shall proceed as set out in Article
8.1.2;
b. deny the Doping Offence(s) charged,
in which case the reply must set out in summary form the
arguments, facts and evidence upon which such denial is
based. In that event, the matter shall proceed to a hearing
as set out in Article 8.1.1, unless the charge is based
on an Adverse Analytical Finding and the Athlete has exercised
his/her right to have an analysis conducted of the B Sample,
in which case the matter shall proceed as set out in Article
7.6.
7.6 B Sample Analysis
7.6.1 Where the Athlete timely exercises his/her right
to have the B Sample analysed, or (if the Athlete waives
such right) where the BDO sees fit, the BDO or its nominee
will arrange for the B Sample to be analysed at the same
laboratory as analysed the A Sample (although not by the
analyst who tested the A Sample).
7.6.2 The B Sample analysis shall take place as soon as
reasonably practicable, on a date arranged by the BDO or
UK Sport with the laboratory, and the Athlete and/or his
or her representative shall have a right to attend on that
date at their cost to witness the opening and analysis of
the B Sample, as shall representatives of the BDO, the WDF
and UK Sport. There shall be no right to an adjournment
of the date. If the Athlete or his representative is unable
to attend on the designated date, then the laboratory shall
arrange for an independent witness to attend the B Sample
analysis in accordance with the International Standard for
Laboratories.
7.6.3 If the B Sample analysis tests negative for the Prohibited
Substance or Prohibited Method that was found in relation
to the A Sample, the entire test shall be considered negative
and the Athlete and the BDO will be so informed. In such
circumstances, any Provisional Suspension previously imposed
on the Athlete pursuant to Article 7.4 shall expire automatically
and no further disciplinary action shall be taken against
the Athlete in relation to the original Adverse Analytical
Finding; provided, however, that he/she may subsequently
be made the subject of Target Testing.
7.6.4 In circumstances where the Athlete or the Athlete’s
team has been removed from a Competition as a result of
the Athlete's Adverse Analytical Finding, but the subsequent
B Sample analysis tests negative for the Prohibited Substance
or Prohibited Method that was found in relation to the A
Sample, if it is still possible, without otherwise affecting
the Competition, for the Athlete or team to be reinserted,
the Athlete or team may continue to take part in the Competition.
7.6.5 If the B Sample analysis tests positive for the Prohibited
Substance or Prohibited Method that was found in relation
to the A Sample, then the BDO shall provide the B Sample
laboratory documentation package (including information
required by the International Standard for Laboratories)
to the Athlete, and the matter shall proceed as set out
in Article 8.1.1 of these Rules.
7.6.6 If the B Sample analysis tests negative for the Prohibited
Substance or Prohibited Method that was found in relation
to the A Sample, the BDO shall be responsible for the costs
of the B Sample analysis. If the B Sample analysis tests
positive for the Prohibited Substance or Prohibited Method
that was found in relation to the A Sample, however, then
the BDO may require the Athlete to pay the costs of the
B Sample analysis.
7.7 Statute of Limitations
7.7.1 Notwithstanding any other provision of these Rules,
no charge may be brought against an Athlete or other Person
for a Doping Offence as defined in Article 2 of these Rules
more than eight (8) years after the date that the alleged
Doping Offence occurred.
Article 8: Disciplinary Proceedings
8.1 Hearings before an Anti-Doping Tribunal
8.1.1 Where the Person who is the subject of an Article
7.5 notice (referred to sometimes hereafter as a "Respondent")
denies a charge that he/she has committed a Doping Offence,
a hearing shall be held before an Anti-Doping Tribunal in
accordance with the provisions of this Article 8 for the
Tribunal to determine whether a Doping Offence has been
committed, and (if so) what the Consequences (if any) shall
be.
8.1.2 Where a Respondent admits a charge that he/she has
committed a Doping Offence:
a. if he/she seeks to rely on Article
10.3 and/or Article 10.5 of these Rules and/or if the Consequences
specified under these Rules for such offence are not automatic
(i.e. if discretion exists in relation to any of such Consequences),
then a hearing shall be held before an Anti-Doping Tribunal
in accordance with the provisions of this Article 8 for
the Tribunal to determine what the Consequences (if any)
shall be; provided that in circumstances where the the BDO
and the Respondent have a joint view as to the Consequences
that should be imposed, then by agreement of the parties
the matter may be heard by the Chairman of the Anti-Doping
Tribunal sitting alone, and/or on written submissions alone.
For the avoidance of doubt, however, the Chairman/Tribunal
shall not be bound in any way by the parties' joint view
but will retain the discretion conferred by these Rules
in relation to the Consequences to be imposed;
b. if he/she does not seek to rely on
Article 10.3 and/or Article 10.5 of these Rules and if the
Consequences specified under these Rules for such offence
are automatic (i.e. no discretion exists in relation to
any of the Consequences), or if he/she does not seek the
exercise of such discretion in his/her favour, then no Anti-Doping
Tribunal shall be convened to hear the matter but instead
the Chair of the Anti-Doping Panel, at the request of the
BDO, shall issue a written decision confirming the commission
of the Doping Offence charged and the imposition of the
maximum Consequences specified in these Rules for such offence.
8.2 Convening the Anti-Doping Tribunal
8.2.1 Where a matter is referred to a hearing pursuant
to Article 8.1, the BDO shall advise the Chair of the Anti-Doping
Panel, who shall appoint three (3) members of the Anti-Doping
Panel to sit as the Anti-Doping Tribunal convened to hear
and determine the matter. the BDO may provide reasonable
compensation and reimbursement of expenses to Tribunal members.
8.2.2 The Anti-Doping Tribunal shall be impartial and
at a minimum shall comprise the following:
a. a Chair who is an experienced practising
or retired solicitor or barrister or judge; and
b. two other members each of whom has
legal, disciplinary, medical, scientific and/or anti-doping
expertise, sports administration experience, or experience
as an Athlete or Athlete Support Personnel in the sport
of [darts or another sport, or who is otherwise competent
to resolve the issues to be determined by the Tribunal.
8.2.3 The appointed members of the Anti-Doping Tribunal
shall have had no prior involvement with the matter. Each
member, upon appointment to the Tribunal, shall disclose
to the Chair of the Anti-Doping Panel any prior involvement
in the matter and any circumstances likely to affect his/her
impartiality with respect to any of the parties to the matter,
and the Chair of the Anti-Doping Panel shall determine whether
that member should serve on the Tribunal nevertheless.
8.2.4 In addition to the requirements of Article 8.2.3,
the Respondent shall be advised of the identities of the
appointed members of the Anti-Doping Tribunal and asked
if he/she has any legitimate objection to any of them hearing
and determining the charge(s) against him/her. Any unjustified
delay in raising any such objection shall constitute a waiver
thereof. If any objection is made, the Chair of the Anti-Doping
Panel shall rule on its legitimacy.
8.2.5 If, because of a legitimate objection or for any
other reason, a member of the Anti-Doping Tribunal appointed
to hear a particular matter is or becomes unwilling or unable
to hear the matter, then the Chair of the Anti-Doping Panel
may, in his/her absolute discretion, either:
a. appoint another member of the Anti-Doping
Panel to fill the vacancy on the Tribunal; or
b. authorise the remaining members to
hear (or to continue to hear) the matter on their own.
8.3 Proceedings of the Anti-Doping Tribunal
8.3.1 The parties to the proceedings before the Anti-Doping
Tribunal are the BDO and the Respondent. Each of them shall
be entitled, at their own expense, to be represented by
legal counsel.
8.3.2 In addition, the BDO shall keep the WDF, WADA and
UK Sport advised of the status of the proceedings before
the Anti-Doping Tribunal, in accordance with Article 13.1.1
of these Rules, and each of them is entitled to attend the
hearing to observe the proceedings.
8.3.3 The Chair of the Anti-Doping Tribunal shall, as soon
as practicable, convene a preliminary meeting with the BDO
and the Respondent in order to take jurisdiction formally
over the matter and to settle any pre-hearing issues. In
particular, the Chair shall:
a. determine the date(s) upon which the
hearing shall be held. Subject to Article 7.4.2(a), save
where fairness requires or the parties otherwise agree,
the hearing should take place no later than forty (40) days
after the date of the Respondent's Article 7.5.3 reply to
the Article 7.5.1 notice of charge;
b. establish a schedule for the BDO to
confirm the details of its prima facie case, for the Respondent
to respond with details of his/her defence or mitigation
and for the BDO to reply with details of how it responds
to the defence or mitigation. In each case, the details
supplied shall include identification of any witnesses relied
upon and at a minimum a summary of each witness's evidence;
and
c. make such order as he/she shall deem
appropriate in relation to the production of relevant documents
and/or other materials between the parties; provided that
save for good cause shown no documents and/or other materials
shall be ordered to be produced in relation to the laboratory
analysis resulting in an Adverse Analytical Finding beyond
the documents that are required, pursuant to the International
Standard for Laboratories, to be included in the laboratory
report pack.
8.3.4 The meeting referred to at Article 8.3.3 may be held
in person or by telephone conference call. The non-attendance
of the Respondent or his/her representative at the meeting,
after proper notice of the meeting has been provided, shall
not prevent the Chair of the Anti-Doping Tribunal from proceeding
with the meeting in the Respondent's absence, whether or
not any written submissions are made on the Respondent's
behalf.
8.4 Conduct of Hearings Before the Anti-Doping Tribunal
8.4.1 Subject to the Anti-Doping Tribunal's discretion
to order otherwise for good cause shown, hearings before
the Anti-Doping Tribunal shall be conducted:
a. on a private and confidential basis;
and
b. at a venue provided by and at the cost
of the BDO.
8.4.2 The hearing shall be conducted in English. The Respondent
shall have the right to use an interpreter approved by the
Anti-Doping Tribunal, and any party wishing to offer as
evidence documents written in another language shall also
submit official English translations of such documents.
The Anti-Doping Tribunal shall have discretion as to who
shall pay the costs of the interpreter and the translations.
8.4.3 The Respondent has the right to be present and to
be heard at the hearing. The Respondent may choose not to
appear in person at the hearing, but rather to make a written
submission to the Anti-Doping Tribunal, in which case the
Tribunal shall consider the submission in its deliberations.
However, the non-attendance of the Respondent or his/her
representative at the hearing, after proper notice of the
hearing has been provided, shall not prevent the Anti-Doping
Tribunal from proceeding with the hearing in his/her absence,
whether or not written submissions have been made on his/her
behalf.
8.4.4 The procedure followed at the hearing of the matter
shall be at the discretion of the Chair of the Anti-Doping
Tribunal, provided always that the hearing is conducted
in a fair manner, with a reasonable opportunity provided
for each party to present evidence (including the right
to call and to question witnesses), address the Tribunal
and present his/her or its case. The Tribunal shall have
discretion as to whether to receive evidence from witnesses
in person, by telephone or in writing.
8.4.5 The Anti-Doping Tribunal shall have all powers necessary
for, and incidental to, the exercise of its functions under
these Rules, including (without limitation):
a. the power to appoint an expert to assist
or advise the Tribunal as required, at the cost of the BDO;
and
b. the power to expedite or to adjourn,
postpone or suspend its proceedings, where fairness so requires.
8.5 Burdens and Standards of Proof
8.5.1 The BDO shall have the burden of establishing that
the Respondent has committed a Doping Offence. The standard
of proof shall be whether the BDO has established the Respondent's
commission of a Doping Offence to the comfortable satisfaction
of the Anti-Doping Tribunal, bearing in mind the seriousness
of the allegation that is made. This standard of proof in
all cases is greater than a mere balance of probability
but less than proof beyond a reasonable doubt.
8.5.2 Where these Rules place the burden of proof upon
the Respondent to rebut a presumption or establish specified
facts or circumstances, the standard of proof shall be by
a balance of probability.
8.6 Methods of Establishing Facts and Presumptions
8.6.1 The Anti-Doping Tribunal shall not be bound by judicial
rules governing the admissibility of evidence. Instead,
facts relating to Doping Offences may be established by
any reliable means, including admissions.
8.6.2 The following rules shall apply at the hearing and
in any appeal proceedings:
a. WADA-accredited laboratories shall
be presumed to have conducted Sample analysis and custodial
procedures in accordance with the applicable International
Standard for Laboratories. The Respondent may rebut this
presumption by establishing that a departure from this International
Standard occurred. If the Respondent rebuts the presumption
by showing that a departure from this International Standard
occurred, then the BDO shall have the burden of establishing
that such departure did not cause the Adverse Analytical
Finding or the factual basis for another Doping Offence.
b. Departures from the International Standard
for Testing which did not cause an Adverse Analytical Finding
or the factual basis for another Doping Offence shall not
invalidate such evidence. If the Respondent establishes
that departures from the International Standard occurred
during Testing, then the BDO shall have the burden of establishing
that such departures did not cause the Adverse Analytical
Finding or the other factual basis for the Doping Offence
charged.
c. Any other deviation from these Rules
or the procedures referred to herein shall not invalidate
any finding, decision or result under these Rules unless
it was such as to cast material doubt on that finding, decision
or result.
8.7 Decisions of the Anti-Doping Tribunal
8.7.1 Once the parties have completed their respective
submissions, the Anti-Doping Tribunal shall retire to determine
in private whether it is satisfied to the required standard
that the Respondent has committed the Doping Offence charged.
The Anti-Doping Tribunal shall make its decisions unanimously
or by majority. No member of the Tribunal may abstain. Where
it is decided that a Doping Offence has been committed,
the Tribunal shall impose any Consequences mandated by these
Rules. Where these Rules confer discretion on the Anti-Doping
Tribunal as to any of the Consequences to be imposed for
the Doping Offence found to have been committed, the Anti-Doping
Tribunal shall also fix such Consequences within the specified
range, after considering any submissions on the subject
that the parties may wish to make.
8.7.2 Where the Anti-Doping Tribunal finds that an argument
advanced by a Respondent in defence or mitigation was frivolous
or otherwise entirely without merit, the Tribunal may award
costs as it deems appropriate against the Respondent. Otherwise,
however, the BDO shall pay the costs of convening the Anti-Doping
Tribunal and of staging the hearing, and each of the parties
shall bear its own costs, legal, expert or otherwise, and
(subject only to Article 8.4.2) the Anti-Doping Tribunal
shall not have the power to order any other party to pay
such costs.
8.7.3 Save in exceptional circumstances, the Anti-Doping
Tribunal shall announce its decision in writing, dated and
signed by at least the Chairman of the Tribunal within five
(5) working days of the end of the hearing and shall issue
its reasoned decision in writing, dated and signed, within
fifteen (15) working days of the end of the hearing. Copies
of the decision shall be sent to the parties, to UK Sport
and (by the BDO) to any other party that has a right of
appeal against the decision pursuant to Article 12 of these
Rules. The decision shall set out and explain:
a. the Anti-Doping Tribunal's findings,
with reasons, as to what Doping Offence(s), if any, has/have
been committed;
b. what Consequences, if any, the Anti-Doping
Tribunal is imposing as a result of such findings. In any
case in which the period of Ineligibility is eliminated
under Article 10.5.1 or reduced under Article 10.5.2, the
reasoned decision shall explain in detail the basis for
the elimination or reduction. In a case in which the Tribunal
exercises discretion conferred on it (such as under Article
9.3.1 or Article 10.3), the reasoned decision shall explain
the basis on which the Tribunal has determined that such
discretion was triggered as well as the basis for the manner
in which such discretion was exercised; and
c. the rights of appeal applicable pursuant
to Article 12 of these Rules.
8.7.4 Decisions of the Anti-Doping Tribunal may be challenged
only by appeal as set out in Article 12 of these Rules.
Subject thereto, the decision shall be the full, final and
complete disposition of the matter and will be binding on
all parties identified in Article 12.2.1.
8.7.5 Where the Anti-Doping Tribunal has determined that
a Doping Offence has been committed, the BDO shall disclose
the decision publicly no later than twenty (20) days after
the date of the decision, unless the Respondent appeals
against the decision, in which case there shall be no public
disclosure pending resolution of the appeal.
8.7.6 Where the decision of the Anti-Doping Tribunal is
that a Doping Offence has not been committed, then the BDO
shall not disclose the decision publicly unless the Respondent
consents to such disclosure. Where the Respondent does not
so consent, the BDO may publicly disclose a summary of the
decision, provided that what is disclosed does not enable
the public to identify the Respondent.
Article 9: Disqualification of Results
9.1 Disqualification of Results in Relation to an
In-Competition Test
9.1.1 A Doping Offence in connection with an In-Competition
test automatically leads to Disqualification of the individual
result obtained by the Athlete in that Competition with
all resulting consequences, including forfeiture of any
medals, points and prizes.
9.2 Disqualification of Results in Event in Relation to
Which a Doping Offence Occurs.
9.2.1 Subject to Article 9.2.2, where an Athlete is found
to have committed a Doping Offence during or in connection
with a Competition in an Event in which the Athlete also
participated in other Competitions, then in addition to
the consequences set out at Article 9.1 the organiser of
the Event may provide in the Event rules that the commission
of the Doping Offence mandates Disqualification of all of
the Athlete’s individual results obtained in the other
Competitions in that Event with all resulting consequences,
including forfeiture of all medals, points and prizes.
9.2.2 If the Athlete establishes to the satisfaction of
the Anti-Doping Tribunal that he/she bears No Fault or Negligence
for the Doping Offence, the Athlete’s individual results
in other Competitions in the same Event as the Competition
during or in connection with which the Doping Offence occurred
shall not be Disqualified unless the Anti-Doping Tribunal
is satisfied that the Athlete’s results in those other
Competitions were likely to have been affected by the Athlete’s
Doping Offence.
9.2.3 Article 9.2 implements Article 10.1 of the Code.
9.3 Disqualification of Results in Competitions Subsequent
to Sample Collection
9.3.1 Unless fairness requires otherwise, in addition to
the automatic Disqualification under Article [9.1] of the
Athlete's individual result in the Competition which produced
the positive Sample, all other competitive results obtained
by the Athlete from the date a positive Sample was collected
(whether In-Competition or Out-of-Competition) or other
Doping Offence occurred, until the commencement of any Ineligibility
period, shall be disqualified with all of the resulting
consequences including forfeiture of any medals, points
and prizes.
9.3.2 Article 9.3.1 implements Article 10.7 of the Code.
9.4 Effect on Team Results
9.4.1 If the Competition during or in connection with which
the Athlete committed the Doping Offence at issue was a
team Competition, the consequences (if any) of the Athlete's
commission of a Doping Offence for the results obtained
by the team in that Competition and subsequently shall be
determined by the rules of the WDF or (in default thereof)
by the applicable Event or Competition rules.
9.4.2 Further consequences for teams fielding Athletes
who commit Doping Offences are set out at Article 11 of
these Rules.
9.5 Impact on Opponent's Results
9.5.1 There will be no adjustment of results, medals, points,
prizes or other consequences for the opponent of an Athlete
(or the team of an Athlete) subsequently found to have committed
a Doping Offence unless specific provision is made for such
adjustment in the rules of the WDF or in the rules of the
relevant Competition or Event.
Article 10: Ineligibility Sanctions for Individuals
10.1 Intentionally left blank
10.2 Imposition of Ineligibility for Prohibited Substances
and Prohibited Methods
Except for the specified substances identified in Article
10.3, the period of Ineligibility imposed for a Doping Offence
under Article 2.1 (presence of a Prohibited Substance or
its Metabolites or Markers), Article 2.2 (Use or Attempted
Use of a Prohibited Substance or Prohibited Method) or Article
2.6 (Possession of Prohibited Substances and Methods) shall
be:
First offence: Two (2) years’ Ineligibility.
Second offence: Lifetime Ineligibility.
However, the Respondent shall have the opportunity in
each case, before a period of Ineligibility is imposed,
to establish the basis for eliminating or reducing this
sanction on the grounds of exceptional circumstances as
set out in Article 10.5.
10.3 Specified Substances
The Prohibited List may identify specified substances which
are particularly susceptible to unintentional Doping Offences
because of their general availability in medicinal products
or which are less likely to be successfully abused as doping
agents. Where an Athlete can establish that the Use of such
a specified substance was not intended to enhance sport
performance, the period of Ineligibility found in Article
10.2 shall be replaced with the following:
First offence: As a minimum, a warning and reprimand and
no period of Ineligibility from future Events, and as a
maximum, one (1) year’s Ineligibility.
Second offence: Two (2) years’ Ineligibility.
Third offence: Lifetime Ineligibility.
However, the Respondent shall have the opportunity in each
case, before a period of Ineligibility is imposed, to establish
the basis for eliminating or reducing (in the case of a
second or third offence) this sanction on the grounds of
exceptional circumstances, as provided in Article 10.5.
10.4 Ineligibility for Other Doping Offences
10.4.1 For violations of Article 2.3 (refusing or failing
to submit to Sample collection) or Article 2.5 (Tampering
with Doping Control), the Ineligibility periods are:
First offence: Two (2) years’ Ineligibility.
Second offence: Lifetime Ineligibility.
10.4.2 For violations of Article 2.7 (Trafficking) or Article
2.8 (Administration of a Prohibited Substance or Prohibited
Method), the period of Ineligibility shall be:
A minimum of four (4) years and a maximum of lifetime Ineligibility.
A Doping Offence involving a Minor shall be considered
a particularly serious offence, and, if committed by Athlete
Support Personnel in relation to Doping Offences other than
those involving specified substances referenced in Article
10.3, shall result in lifetime Ineligibility for such Athlete
Support Personnel. In addition, Doping Offences which also
infringe non-sporting laws and regulations may be reported
to the competent administrative, professional or judicial
authorities.
10.4.3 For violations of Article 2.4 (Whereabouts Violations),
the period of Ineligibility shall be:
First offence: Six (6) months' Ineligibility.
Second offence: One (1) year's Ineligibility.
Subsequent offences: Two (2) years' Ineligibility.
10.5 Elimination or Reduction of Period of Ineligibility
Based on Exceptional Circumstances
10.5.1 No Fault or Negligence
If the Athlete establishes in an individual case involving
a Doping Offence under Article 2.1 (Presence of Prohibited
Substance or its Metabolites or Markers) or Article 2.2
(Use of a Prohibited Substance or Prohibited Method) that
he/she bears No Fault or Negligence for the offence, the
otherwise applicable period of Ineligibility shall be eliminated.
When the case involves a Doping Offence under Article
2.1 (Presence of Prohibited Substance or its Markers or
Metabolites), the Athlete must also establish how the Prohibited
Substance entered his/her system in order to have the period
of Ineligibility eliminated.
In the event this Article is applied and the period of
Ineligibility otherwise applicable is eliminated, the Doping
Offence shall not be considered an offence for the limited
purpose of determining the period of Ineligibility for multiple
offences under Articles
10.2 (Imposition of Ineligibility for Prohibited Substances
and Prohibited Methods),
10.3 (Specified Substances) and 10.6 (rules for Certain
Multiple Offences).
10.5.2 No Significant Fault or Negligence
This Article applies only to Doping Offences involving
Article 2.1 (Presence of Prohibited Substance or its Metabolites
or Markers), Article 2.2 (Use of a Prohibited Substance
or Prohibited Method), Article 2.3 (Failing to submit to
Sample collection) or Article 2.8 (Administration of a Prohibited
Substance or Prohibited Method).
If an Athlete establishes in an individual case involving
any such offence that he or she bears No Significant Fault
or Negligence, then the period of Ineligibility may be reduced,
but the reduced period of Ineligibility may not be less
than one-half of the minimum period of Ineligibility otherwise
applicable. If the otherwise applicable period of Ineligibility
is a lifetime, the reduced period under this Article may
be no less than 8 years. When the Doping Offence in question
arises under Article 2.1 (Presence of Prohibited Substance
or its Metabolites or Markers), the Athlete must also establish
how the Prohibited Substance entered his/her system in order
to have the period of Ineligibility reduced.
10.5.3 Athlete’s Substantial Assistance in Discovering
or Establishing Doping Offences by Athlete Support Personnel
and Others
The period of Ineligibility in an individual case may
also be reduced by an Anti-Doping Tribunal where the Athlete
has provided substantial assistance to the BDO, UK Sport
or another Anti-Doping Organisation which results in the
BDO, UK Sport or the other Anti-Doping Organisation discovering
or establishing an Doping Offence by another Person involving
Article 2.6.2 (Possession by Athlete Support Personnel),
Article 2.7 (Trafficking) or Article 2.8 (Administration
to an Athlete). The reduced period of Ineligibility may
not, however, be less than one half of the minimum period
of Ineligibility otherwise applicable. If the otherwise
applicable period of Ineligibility is a lifetime, the reduced
period under this Article may be no less than eight (8)
years.
10.6 Rules for Certain Potential Multiple Offences
10.6.1 For purposes of imposing sanctions under Article
10.2 (Imposition of Ineligibility for Prohibited Substances
and Prohibited Methods), Article 10.3 (Specified Substances)
and/or Article 10.4 (Ineligibility for Other Doping Offences),
a second Doping Offence may be considered by an Anti-Doping
Tribunal for the purposes of imposing sanctions only if
the BDO can establish that the Respondent committed the
second Doping Offence after the Respondent received notice,
or after the BDO or its designee made a reasonable attempt
to give notice, of the first Doping Offence. If the BDO
cannot establish this, the Doping Offences shall be considered
as one single first Doping Offence, and the sanction imposed
shall be based on the Doping Offence that carries the more
severe sanction.
10.6.2 When an Athlete, based on the same Doping Control,
is found to have committed a Doping Offence involving both
a specified substance under Article 10.3 and another Prohibited
Substance or Prohibited Method, the Athlete shall be considered
to have committed a single Doping Offence, but the sanction
imposed shall be based on the Prohibited Substance or Prohibited
Method that carries the most severe sanction.
10.6.3 Where an Athlete is found to have committed two
separate Doping Offences, one involving a specified substance
governed by the sanctions set out in Article 10.3 and the
other involving a Prohibited Substance or Prohibited Method
governed by the sanctions set out in Article 10.2 or a Doping
Offence governed by the sanctions set out in Article 10.4.1,
the period of Ineligibility imposed for the second offence
shall be at a minimum two years’ Ineligibility and
at a maximum three years’ Ineligibility. Any Athlete
found to have committed a third Doping Offence involving
any combination of specified substances under Article 10.3
and any other Doping Offence under Article 10.2 or Article
10.4.1 shall receive a sanction of lifetime Ineligibility.
In each case, the Ineligibility periods for the separate
offences shall run sequentially, not concurrently.
10.6.4 Where provision is made in these Rules for an increased
sanction for a second or subsequent doping offence, such
provision will be triggered by any previous offence, whether
or not of the same type as the offence since found by the
Anti-Doping Tribunal.
10.7 Intentionally Left Blank
10.8 Commencement of Ineligibility Period
10.8.1 The period of Ineligibility shall start on the date
of the written decision of the Anti-Doping Tribunal providing
for Ineligibility.
10.8.2 Any period of Provisional Suspension (whether imposed
or voluntarily accepted) shall be credited against the total
period of Ineligibility to be served.
10.8.3 Where required by fairness, such as delays in the
hearing process or other aspects of Doping Control not attributable
to the Athlete, the Anti-Doping Tribunal may provide that
the period of Ineligibility shall start at an earlier date,
commencing as early as the date of Sample collection.
10.9 Status During Ineligibility
10.9.1 A Person who has been declared Ineligible may not,
during the period of Ineligibility, participate in any capacity
in a Competition or other activity (other than authorised
anti-doping education or rehabilitation programmes) organised,
convened or authorised by the BDO or by any body that is
a member of, or affiliated to, or licensed by the BDO. In
addition, save where the Doping Offence involved specific
substances as described in Article 10.3, the BDO shall withhold
some or all financial supports or benefits (if any) that
it might have otherwise provided to the Person.
10.9.2 Further to Article 10.9 of the Code, a Person subject
to a period of Ineligibility from the sport of darts longer
than four years may, after completing four years of the
period of Ineligibility, participate in local sport events
in another sport, but only so long as the local sport event
is not at a level that could otherwise qualify such Person
directly or indirectly to compete in (or accumulate points
toward) a national championship or International Event.
10.10 Reinstatement Testing
10.10.1 As a condition of regaining eligibility at the
end of a specified period of Ineligibility, an Athlete must,
during any period of Provisional Suspension or Ineligibility,
make him/herself available for Out-of-Competition Testing
by the BDO, UK Sport and any other Anti-Doping Organisation
having Testing jurisdiction over him/her and must, if requested,
provide current and accurate whereabouts information as
provided in Article 5.5 of these Rules for purposes of Out-of-Competition
Testing.
10.10.2 If an Athlete subject to a period of Ineligibility
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