Clean Sport

The use of doping substances or doping methods to enhance performance is fundamentally wrong and
is detrimental to the overall spirit of sport. Drug misuse can be harmful to an athlete’s health and to
other athletes competing in the sport. It severely damages the integrity, image, and value of sport,
whether or not the motivation to use drugs is to improve performance. To achieve integrity and fairness
in sport, a commitment to clean sport is critical.

Doping is not just a positive test showing the presence of a prohibited substance in an athlete’s urine sample. Doping is defined as the occurrence of one or more of the 11 Anti-Doping Rule Violations (ADRVs) outlined in the World Anti-Doping Code. These are:

1. Presence of a prohibited substance, its metabolites or markers in an athlete’s sample

2. Use or attempted use of a prohibited substance or method by an athlete

3. Refusing, evading or failing to submit to sample collection by an athlete

4. Failure to file whereabouts information and/or missed tests by an athlete

5. Tampering or attempted tampering with the doping control process by an athlete or other

   person

6. Possession of a prohibited substance or method by an athlete or athlete support personnel

7. Trafficking or attempted trafficking of a prohibited substance or method by an athlete or other

   person

8. Administering or attempting to administer a prohibited substance or method to an athlete

9. Complicity or attempted complicity in an ADRV by an athlete or other person

10. Prohibited Association by an athlete or other person with a sanctioned athlete support

    personnel

11. Acts to discourage or retaliate against reporting to authorities

The principle of strict liability applies to all athletes who compete in any sport with an anti-doping
program. It means that athletes are responsible for any prohibited substance, or its metabolites
or markers found to be present in their urine and/or blood sample collected during doping
control, regardless of whether the athlete intentionally or unintentionally used a prohibited
substance or method. Therefore, it is important to remember that it is each and every athlete’s
ultimate responsibility to know what enters their body.
The rule which provides that principle, under Code Article 2.1 and Article 2.2, states that it is
not necessary that intent, fault, negligence, or knowing use on the athlete’s part be
demonstrated by the Anti-Doping Organization to establish an anti-doping rule violation.

Doping can result in severe health consequences but also comes with sport, social, financial and legal consequences. For an athlete, doping could spell the end of their sporting career, reputation, and prospects both in and out of sport.

Sport Consequences

The sanctions for an Anti-Doping Rule Violation (ADRV) can include:
• Provisional Suspension. The athlete or other person is temporarily banned from participating in any competition or activity while waiting for the results management process to be complete or until the final decision is rendered.
• Ineligibility. The athlete or other person is not allowed to compete or participate in any other activity, such as training, coaching, or even access to funding due to an ADRV. This period of ineligibility can be for up to 4 years or even life depending on the circumstances of the ADRV.
• Disqualification of results. The athlete’s results during a particular period, competition or event are invalidated, which comes with forfeiture of any medals, points and prizes.
• Public Disclosure. The Anti-Doping Organization (ADO) informs the general public of the ADRV.
• Fines.

Health Consequences

The health consequences to an athlete can include:
• Physical health. Medications and medical interventions have been developed to treat a particular condition or illness. Not an otherwise healthy athlete. Depending on the substance, the dosage and the consumption frequency, doping products may have particularly negative side effects on health.
• Psychological health. Some doping substances may have an impact on the athlete’s mental health. Anxiety, obsessive compulsive disorders or psychosis are direct consequences from doping.

Social Consequences

Some of social consequences of doping include:
• Damage to reputation and image, which can be permanent with media attention, and future clean performances can be met with skepticism.
• Damage to future career prospects.
• Isolation from peers and sport.
• Damaged relationships with friends and family.
• Effects on emotional and psychological well-being.
• Loss of standing, fame, respect and credibility.

Financial Consequences

The financial consequences of doping can include:
• Fines that an Anti-Doping Organization (ADO) may have included in their anti-doping rules including costs associated with an Anti-Doping Rule Violation (ADRV).
• Loss of income/financial support, such as government funding, other forms of financial support and by not participating in the competitions.
• Loss of financial support due to withdrawal of sponsor.
• Requirement to reimburse sponsor, if included in the contract.
• Reimbursement of prize money.
• Impact of damaged reputation on future career prospects.

Legal Consequences

In addition to the sport, health, social and financial consequences listed above, doping can come with other legal consequences, such as:
• Some countries have gone beyond the World Anti-Doping Code and made using a prohibited substance a criminal offence (e.g. Austria, Italy, France).
• In some countries, ADRVs related to trafficking, possession or administering a prohibited substance or some substances on the Prohibited List are considered a criminal offence.

Athletes, their support personnel and others who are subject to anti-doping rules all have rights and responsibilities under the World Anti-Doping Code (Code). Part Three of the Code outlines all of the roles and responsibilities of each stakeholder in the anti-doping system. Athletes’ Rights
“Every athlete has the right to clean sport!”
Ensuring that athletes are aware of their rights and that these rights are respected is vital to the success of clean sport. WADA’s Athlete Committee (now Athlete Council) drafted the Athletes’ Anti-Doping Rights Act (Act). This Act is made up of two parts. Part one sets out rights that are found in the Code and International Standards. Part two sets out recommended athlete rights that are not found in the Code or International Standards but are rights that athletes recommend that Anti-Doping Organizations (ADOs) adopt for best practice.
Athlete rights outlined in the Code include:
• Equal opportunities in their pursuit of sport, free of participation by other athletes who dope
• Equitable and fair testing programs
• A Therapeutic Use Exemption (TUE) application process
• To be heard, to have a fair hearing within a reasonable time by a fair, impartial and operationally independent hearing panel, with a timely reasoned decision specifically including an explanation of the reasons of the decision
• Right to appeal the hearing decision
• Any ADO that has jurisdiction over them will be accountable for its action and an athlete shall have the ability to report any compliance issue
• Ability to report Anti-Doping Rule Violations (ADRVs) through an anonymous mechanism and not be subjected to threats or intimidation
• Receiving anti-doping education
• Fair handling of their personal information by ADOs in accordance with the International Standard for the Protection of Privacy and Personal Information (ISPPPI) and any local applicable law
• To pursue damages from another athlete whose actions have damaged that athlete by the commission of an ADRV
• During the sample collection process, right to:
o See the identification of the Doping Control Officer (DCO)
o Request additional information about the sample collection process, about the authority under which it will be carried out and on the type of sample collection
o Hydrate
o Be accompanied by a representative and, if available, an interpreter
o Request a delay in reporting to the doping control station for valid reasons (International Standard for Testing and Investigations Art. 5.4.4)
o Request modifications for athletes with impairments (if applicable)
o Be informed of their rights and responsibilities
o Receive a copy of the records of the process
o Have further protections for “protected persons” because of their age or lack of legal capacity
o Request and attend the B sample analysis (in the case of an Adverse Analytical Finding)

Athletes’ Responsibilities
Athletes’ rights to clean sport come with corresponding responsibilities, and athletes may be tested in and out-of-competition, anytime, anywhere and with no advance notice.

Their clean sport responsibilities include (but are not limited to):• Complying with the NADA Nepal’s Anti-Doping Rules (in line with the World Anti-Doping Code)
• Being available for sample collection (urine, blood or dried blood spot (DBS)), whether in- competition or out-of-competition
• Remaining within direct observation of the Doping Control Officer (DCO) or chaperone at all times from notification until the completion of the sample collection process
• Providing identification upon request during the sample collection process
• Ensuring that no prohibited substance enters their body and that no prohibited method is used on them
• Ensuring that any treatment is not prohibited according to the Prohibited List in force and checking this with the prescribing physicians, or directly with the ADO if necessary
• Applying to the relevant ADO if no alternative permitted treatment is possible and a Therapeutic Use Exemption (TUE) is required (see the IF or NADO’s TUE application process)
• Reporting immediately for sample collection after being notified of being selected for doping control
• Ensuring the accuracy of the information entered on the Doping Control Form (DCF)
• Cooperating with ADOs investigating ADRVs
• Not working with coaches, trainers, physicians or other athlete support personnel who are ineligible on account of an ADRV or who have been criminally convicted or professionally disciplined in relation to doping (see WADA’s Prohibited Association List)

Athlete Support Personnel Rights

Athlete support personnel and other persons also have rights and responsibilities under the Code.
These include:
• Right to a fair hearing, before an independent hearing panel
• Right to appeal the hearing decision
• Rights regarding data protection, according to the ISPPPI and any local applicable law

Athlete Support Personnel Responsibilities

Athlete support personnel’s responsibilities under the Code include:
• Using their influence on athlete values and behaviors to foster clean sport behaviors
• Knowing and complying with all applicable anti-doping policies and rules, including the ADO’s

Anti-Doping Rules (in line with the Code)
• Cooperating with the athlete doping control program
• Cooperating with ADOs investigating Anti-Doping Rule Violations (ADRVs)
• Informing the relevant IF and/or NADO if they have committed an ADRV in the last 10 years
• Refraining from possessing a prohibited substance (or a prohibited method)*, administering any such substance or method to an athlete, trafficking, covering up an anti-doping rule violation (ADRV) or other forms of complicity and associating with a person convicted of doping (prohibited association). These are ADRVs applicable to athlete support personnel under Article 2 of the World Anti-Doping Code and Article X of the ADO’s Anti-Doping Rules.
* Unless the athlete support personnel can establish that the possession is consistent with a TUE
granted to an athlete or other acceptable justification. Acceptable justification would include, for
example, a team doctor carrying prohibited substances for dealing with acute and emergency situations.

ADO Recommendation to Athlete Support Personnel

Here are some ways athlete support personnel can support their athletes in their education on clean sport:
• Share the Athlete’s Anti-Doping Rights Act with your athletes
• Register and take a course suitable to you on the WADA’s ADEL platform (ADO education platform)
• Follow the NADA Nepal’s pages on Twitter, Facebook and Instagram where the main updates about anti-doping will be published
• Contact NADA Nepal for any questions you may have

What are the organizations involved in protecting clean sport?

World Anti-Doping Agency (WADA)

WADA was established in 1999 as an international independent agency to lead a collaborative
worldwide movement for doping-free sport. WADA’s governance and funding are based on equal
partnership between the Sport Movement and Governments of the world.
WADA’s primary role is to develop, harmonize and coordinate anti-doping rules and policies across all
sports and countries. WADA’s key activities include:
• Scientific and social science research
• Education
• Intelligence & investigations
• Development of anti-doping capacity and capability
• Monitoring of compliance with the World Anti-Doping Program. For more information about WADA, consult:
• WADA’s website – www.wada-ama.org
• Play True – “Beyond Winning” video – https://www.youtube.com/watch?v=-I8h6W53o8c

International Federation (IF)

IFs are responsible for implementing an effective and Code-compliant anti-doping program for their sport. Under the World Anti-Doping Code (Code), IFs are required to carry out the following anti-doping activities:
• Providing education programs
• Analyzing the risk of doping in their sport
• Conducting in-competition and out-of-competition testing
• Management of Therapeutic Use Exemptions (TUEs) for international-level athletes
• Results Management including sanctioning those who commit Anti-Doping Rule Violations (ADRVs).

National Anti-Doping Organizations (NADOs)

NADOs are the organizations designated by each country as possessing the primary authority and responsibility to:
• Adopt and implement anti-doping rules at a national level
• Plan and carry out anti-doping education
• Plan tests and adjudicate anti-doping rule violations at a national level
• Test athletes from other countries competing within that nation’s borders if required to.

Regional Anti-Doping Organizations (RADOs)

In a number of regions of the world, countries have pooled their resources together to create a RADO responsible for conducting anti-doping activities in the region in support of NADOs.
RADOs bring together geographically-clustered groups of countries where there are limited or no anti-doping activities, for which they take over responsibility, including:
• Providing anti-doping education for athletes, coaches and support personnel
• Testing athletes
• Training of local sample collection personnel (doping control officers/chaperones)
• An administrative framework to operate within