APPENDIX 2: IOA DOPING CONTROL

1. Acronyms.

   
   

   1. IOA, ISC, IOF and IOC stand for Irish Orienteering Association, Irish Sports Council, International Orienteering Federation and International Olympic Council respectively.

    

2. What is The Irish Orienteering Association's position on Doping?

   
   

   1. The IOA is the governing body of the sport of orienteering in the Republic of Ireland.

   2. The IOA condemns the use of prohibited substances or methods, a practice generally known as doping, in sport. The use of such substances or methods is contrary to the ethics of sport and potentially harmful to the health of persons involved in sport. The purpose of this Policy is to prohibit doping in order to protect rights and health of participants in sport and to protect the values of fair play in sport.

   3. The IOA, in pursuance of this Policy, shall within its jurisdiction regulate the prohibition and control of doping in the sport of orienteering and thus makes, and shall maintain and enforce, these Rules relating thereto.

   4. The IOA aims to stop doping practices in sport by:

      1. Imposing effective sanctions on persons who commit doping offences;

      2. Educating and informing persons about drugs in sport issues;

      3. Supporting the drug testing programmes and education initiatives of the ISC and other drug testing authorities;

      4. Keeping a register of persons who are subject to out of competition testing.

   5. The IOA shall:

      1. Give the ISC timely and accurate contact information for persons involved with orienteering in the Republic of Ireland;

      2. Support and assist the ISC in conducting doping testing;

      3. Make this Policy available to all its members, coaches, officials, and medical and health practitioners and any person involved with orienteering in the Republic of Ireland;

      4. Develop and implement, in consultation with the ISC and the IOF drug education and information programmes for members, coaches, officials, and medical and health practitioners and any person involved with the orienteering in the Republic of Ireland;

      5. Support the initiatives of the ISC, the IOF and the IOC to stop doping offences in sport;

      6. Establish, as required, a Disciplinary Panel comprising at least three persons appointed by the IOA to determine and apply sanctions to persons who commit a Doping Offence;

      7. Establish, as required, an Appeal Panel comprising at least three persons, none of whom have been members of the Disciplinary Panel in the case being heard by the Appeal Panel, appointed by the IOA to determine appeals from decisions of the Disciplinary Panel and apply sanctions to persons who commit a Doping Offence;

      8. May appoint, as required, a suitably qualified Anti-Doping Officer in each even-numbered year for the following two calendar years. The Anti-Doping Officer's responsibilities shall include assisting any appropriately authorised ISC Doping Control Officer or IOF Anti-Doping Controller, when requested, as well as assisting and advising the Disciplinary Panel and the Appeal Panel. He/she shall not be a voting member of either panel. The Anti-Doping Officer should also be available to advise any member of the IOA (competitor or official) on technical issues which relate to the details and spirit of the Anti-Doping Rules.

   6. To be eligible to participate or assist any participant in any event or activity organised or authorised by or held under the rules of the IOA (or any directly or indirectly affiliated body) wherever held, a person must comply with these Rules.

    

3. What is a Doping Offence?

   
   

   1. In these Rules the expressions "prohibited substance" and "prohibited method" shall have the meanings set out in the Appendix to these Rules.

   2. Under these Rules doping is illegal and, with the exception of the provisions of paragraph 3.3, an offence is committed when:

      1. A prohibited substance is found to be present in a person's body tissue or fluids; or

      2. A person is found to have used a prohibited substance or a prohibited method; or

      3. A person admits using a prohibited substance or a prohibited method; or

      4. A person assists, procures, induces or causes others or admits having assisted, procured, induced, or caused others to use a prohibited substance or a prohibited method or to commit any other offence under these Rules; or

      5. A person is convicted of a criminal offence involving a prohibited substance; or

      6. A person supplies or deals in or is or has been in possession of a prohibited substance or admits supplying, dealing in or possession of a prohibited substance; or

      7. A person fails or refuses to comply with any provision of these Rules after having been requested to do so; or

      8. A person wilfully obstructs or interferes with the carrying out of anything in these Rules.

   3. An offence is not committed when a person undergoing a course of medication prescribed by a medical doctor and which includes taking prohibited substances, and notifies this in writing immediately to the Anti-Doping Officer or anyone else authorised by the IOA. On receipt of such a notice the Anti-Doping Officer or anyone else authorised by the IOA, may declare that the person is not eligible to compete while taking this medication. Such a declaration shall be in writing and sent by registered post to the person, and a copy sent to the IOA executive.

   4. The IOA may conduct investigations into the activities of any person who it has reasonable cause to believe may have committed an offence under these Rules and that person shall co-operate with those investigations.

    

4. How does Doping Control work?

   
   

   1. A person shall submit to a doping test at any time when requested by the IOA, (or by any directly or indirectly affiliated body) or anyone or any body authorised by them. Tests may be random or specific and without prior notice. Although every reasonable effort will be made to avoid inconvenience to the person being tested, no liability will be accepted for any inconvenience or loss resulting therefrom.

   2. Every orienteer who is an Irish Sports Council Carded Athlete and every member of the Irish Senior Squad 'A Pool' must keep the IOA or anyone or any body authorised by the IOA informed of the addressees and telephone numbers where that person can be contacted for testing at any time. Membership of the Irish Senior Squad 'A Pool' shall be published from time to time by the IOA. Members will be informed in writing when they are so appointed, and also on termination of their membership. The IOA shall specify an address at which it receives post.

   3. A person who retires from events or activities which are the subject of these Rules shall promptly notify the IOA or anyone or any body who it directs of their retirement whereupon testing of that person shall cease as soon as practicable thereafter. After retirement, a person who subsequently wishes to participate in any events or activities which are the subject of these Rules, must submit to testing under these Rules for a period of 3 months before that person will be eligible to enter events or competition.

   4. Testing will consist of sample collection, separation of the sample into two parts and analysis thereof. If the test on the first part of the sample ("the A Sample") does not indicate the presence of a prohibited substance or the use of a prohibited method, the second part of the sample ("the B Sample") will be disposed of and no further action will be taken, although records of the test results may be kept.

   5. If analysis of the A Sample indicates the presence of a prohibited substance or the use of a prohibited method, the IOA will immediately inform the person who was tested in writing and by registered post of the test result and that the IOA believes that an offence may have been committed. The IOA may ask for an explanation from that person. In the case where no prohibited substance has been found in the sample the person shall also be informed immediately by registered post of this fact.

   6. Upon receipt of the notification that analysis of the A Sample indicated the presence of a prohibited substance or the use of a prohibited method the person who was tested may request a test on the B Sample. If made, such a request shall be in writing and sent to the Hon Secretary of the IOA, or to any other authorised official by registered post. If no request for a test on the B sample is received by the IOA within 14 days of notification of the person, the person shall be deemed to have accepted the results of the A Sample analysis. Notice is be deemed to have been received the day after posting.

   7. If an analysis of the B sample is requested, the person who was tested and a representative of their choice are entitled to be present when the B sample analysis is carried out. A representative of the IOA may also be present. The body carrying out the testing of the B Sample will notify the result of the analysis to the IOA, who will then inform the person who was tested immediately in writing.

    

5. What are the Disciplinary Procedures?

   
   

   1. A person may be suspended from any event or activity organised or authorised by or held under the laws of the IOA (or any directly or indirectly affiliated body) wherever held from the time that the IOA receives notification that the A Sample indicates the presence of a prohibited substance, or the IOA becomes aware that any other offence under these Rules may have been committed. Notice of such a suspension shall be in writing.

   2. If the body carrying out the testing advises that the result of the analysis of the B Sample does not support the findings of the test on the A Sample, any suspension imposed on the person who was tested shall be withdrawn with immediate effect, and no further action will be taken. The person who was tested shall not be entitled to any recompense or compensation arising from the suspension.

   3. If a person is suspended and that person is participating in a team event, the following provisions shall apply in respect of the other members of the team, the event in which the team is participating, and any results of the event. The team will be disqualified from the particular event at which the testing of a sample indicates the presence of a prohibited substance in one of its members. The team will also be disqualified in any subsequent competitions that the member has competed in as part of the team until the member is no longer suspended or banned from competition.

   4. The Disciplinary Panel of the IOA shall determine the sanction to be imposed on the person if the Disciplinary Panel decides that the person has committed a Doping Offence. The person shall have the right to request a hearing before the Disciplinary Panel of the IOA.

   5. In making its decision, the Disciplinary Panel must be satisfied, on the balance of probabilities, that a Doping Offence has been committed.

   6. The Disciplinary Panel will give notice in writing by registered post to the person concerned of its decision when it is reached and of the person's right of appeal.

   7. The person and the IOA shall have a right of appeal against a decision of the Disciplinary Panel to the Appeal Panel. An appeal shall be made within 14 days of the decision of the Disciplinary Panel being declared. The appellant shall give notice in writing of the appeal to the other party and either party may request a hearing before the Appeal Panel. The Appeal Panel shall have the power to vary any decision or sanction under appeal. The Appeal Panel will notify in writing by registered post the person concerned of its decision when it is reached. There shall be no appeal of the decision of the Appeal Panel under these Rules.

   8. The person concerned or the IOA may make written representations to either or both the Disciplinary Panel and the Appeal Panel. At a hearing of the Disciplinary Panel or the Appeal Panel, the person and the IOA may be legally represented (or by anyone else) and shall have the right to give and call evidence and to address the Disciplinary Panel and the Appeal Panel. Failure of the person concerned to attend a hearing or to answer any question shall not prevent a decision being reached. Decisions of the Disciplinary Panel and the Appeal Panel shall be by a majority. All hearings shall be in private.

   9. The Disciplinary Panel and the Appeal Panel shall decide on the payment of any or all costs.

   10. The IOA, Disciplinary Panel and the Appeal Panel shall accept the result of any test, unless there was not substantial compliance with applicable drug testing procedures, and the non-compliance casts significant doubt on the result. The onus of proof is on the person who claims the IOA, Disciplinary Panel or Appeal Panel, as the case may be, should not accept the result. Any certificate, notice or form of the body carrying out the testing shall, until the contrary is proved, be sufficient evidence of the contents thereof.

   11. The decision of the Disciplinary Panel or, in the event of an appeal, the decision of the Appeal Panel, shall be binding on the person concerned and the IOA.

   12. The I.O.A will not make public the result of any test until the disciplinary procedure has been exhausted. Should news of the result of any test or of any disciplinary procedure come into the public domain, it will not vitiate the process.

    

6. What are the Applicable Sanctions?

   
   

   1. Where the Disciplinary Panel or the Appeal Panel determines that a person has committed a Doping Offence, it will apply one or more of the following sanctions:

      1. Suspend the person from selection to represent Ireland in international competition for a specified period of time;

      2. Suspend the person from competition in events and competitions conducted by or under the auspices of IOA for a specified period of time;

      3. Make the person ineligible to receive direct or indirect funding or assistance from IOA;

      4. Ban the person from holding a position within IOA;

      5. Require the person to remain on the IOA register for the purposes of out of competition testing;

      6. Require the person to repay financial assistance given to the person from the date of the Doping Offence;

      7. Require the person to go for counselling for a specified period;

      8. Withdraw awards, placings and records won in events and competitions conducted by or under the auspices of the IOA from the date of the Doping Offence;

      9. Impose a monetary fine on the person;

      10. Reprimand the person;

      11. Any other sanction the Disciplinary Panel or the Appeal Panel, as the case may be, thinks fit.

   2. A person may be tested during their period of suspension and failure to make themselves available or failure to co-operate with the testing procedure during a period of suspension will constitute a doping offence.

   3. A person may not apply to the IOA for consideration for reinstatement before their period of ineligibility had expired.

    

7. What else is relevant?

   
   

   1. The IOA may recognise the doping regulations and sanctions of any other bodies. If it does so it shall take such reciprocal action within the jurisdiction of the IOA as it considers necessary in respect of such regulations and sanctions.

   2. Where the IOA recognises the regulations and sanctions of any other body, then any person who is or has been in breach of the regulations of the other body shall be deemed to have breached these Rules and the IOA may impose any of the sanctions in these Rules on that person.

   3. Any deviation from these Rules or the procedures referred to therein shall not invalidate any procedure, finding or decision unless it was such as to raise material doubt as to the reliability thereof.

   4. These Rules shall come into force on December 01 2000, and may be amended by the IOA.

   5. These Rules are governed by the laws of the Republic of Ireland.

   6. With respect to competitions organised by the International Orienteering Federation, the anti-doping rules of that body will apply and supersede the above. The rules of the IOF are broadly similar to the above and are not less restrictive in terms of prohibited substances, prohibited methods, control, discipline and spirit.

    

8. Appendix

   
   

   1. Prohibited Substances and Prohibited Methods.

      Prohibited substances and prohibited methods are the substances and methods included in the International Olympic Committee List of Doping Classes and Methods 2000 Edition as amended from time to time.