ICC ANTI-DOPING CODE
BACKGROUND
A. As the international governing body for the sport of cricket, ICC condemns Doping Practices in sport and, in particular, in cricket.
B. ICC fully supports the prevention of Doping Practices in sport generally.
C. This Anti-Doping Code extends to all Cricketers who participate in ICC Events.
D. This Anti-Doping Code is endorsed by the ICC and will operate as the “Doping Regulations” as defined in the Participating Nations Agreement for ICC Events.
E. This Anti-Doping Code shall be a Schedule of the Participating Nations Agreement for ICC Events and shall have the effect as if set out within the said Agreement.
F. It shall be the responsibility of all Members who compete in ICC Events to ensure that all Cricketers who wish to participate in ICC Events are aware of this Anti Doping Code.
1. INTERPRETATION
1.1. Definitions:-
1.1.1. “Adverse Analytical Finding” A report from a laboratory or other approved testing entity that identifies in a Specimen the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogonous substances) or evidence of the Use of a Prohibited Method.
1.1.2. "Anti-Doping Code" means this Code, the policies and regulations contained herein and all Schedules hereto;
1.1.3. “Attempt” means purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an Anti Doping Code violation.
1.1.4. “CAS” means the Court of Arbitration and Sport.
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1.1.5. "Competitor" means a competitor in an ICC Event as defined in the Participating Nations Agreement for the relevant ICC Event;
1.1.6. “Cricketer” means the Cricket Players and the Cricket Support Personnel involved in playing cricket for one of the Members participating in the relevant ICC Event.
1.1.7. “Cricket Player” means a person who participates as a player in the relevant ICC Event.
1.1.8. “Cricket Support Personnel” means an agent or employee of each Member participating in the relevant ICC Event who is involved in the playing, organisation, administration or promotion of cricket for such Member at the relevant ICC Event
1.1.9. "Doping " means the occurrence of one or more of the Anti Doping Code violations set forth in Clause 3.1 through to Clause 3.7 of this Anti Doping Code.
1.1.10. “Doping Control” means the process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals.
1.1.11. "Drugs Appeal Tribunal" means the appeal tribunal established and constituted in accordance with this Anti-Doping Code by the ICC to hear appeals from any decision of the Drugs Tribunal;
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1.1.12. "Drugs Tribunal" means the tribunal established and constituted in accordance with this Anti-Doping Code by ICC, to investigate and conduct hearings in relation to alleged breaches of this Anti-Doping Code, and to impose sanctions in respect thereof;
1.1.13. “Home Board” means the domestic governing body for cricket in the Cricketer’s home country.
1.1.14. “ICC Event(s)” means an international cricket tournament owned by ICC or an ICC Group Company and to which the ICC designates that this Anti Doping Code shall apply. ICC Events shall include ICC Cricket World Cup, ICC Champions Trophy, ICC Super Series, ICC Trophy and ICC Under 19 Cricket World Cup. This list is not exhaustive and may be extended to other major international cricket tournaments, owned by ICC or an ICC Group Company, if so decided by the ICC Executive Board.
1.1.15. “ICC” means the International Cricket Council, a company limited by guarantee and incorporated in the territory of the British Virgin Island and who for the purposes of this Anti-Doping Code acts as nominee of ICC Development (International) Limited.
1.1.16. “In Competition” means the period of the relevant ICC Event including the Support Period, as defined in the Participating Nations Agreement for the relevant ICC Event.
1.1.17. “Independent Observers” means a team of not more than three observers under the supervision of WADA and approved by ICC and the Member Host,
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who may observe the Doping Control process at the relevant ICC Event and shall report their observations to WADA and the ICC.
1.1.18. “Ineligibility/Suspension” means that the Cricketer shall be barred from participating in any capacity in any event or activity (other than authorised anti-doping education or rehabilitation programs and any events or activities relating to the Cricketer’s achievements prior to his or her Anti-Doping Code violation) authorised or organised by the ICC or any Member during the Ineligibility period. A non exhaustive list of some of the preclusions can be found at clause 9.9 of this Anti Doping Code.
1.1.19. “International Standard” means a standard adopted by WADA in support of the WADA Code.
1.1.20. “IOC” means the International Olympic Committee created by the Congress of Paris on 23 June 1894 which is entrusted with the control and development of the Modern Olympic Games pursuant to the Olympic Charter;
1.1.21. “Marker” means a compound, group of compounds or biological parameters that indicate the prior presence of a Prohibited Substance or Use of a Prohibited Method.
1.1.22. “Medical Committee” means a committee of three medical experts established and constituted by the Member Host, at least three months prior to the commencement of the Support Period, to advise the Member Host and/or IDI on medical issues in connection with the Event and to perform such other functions as the Member Host and/or IDI may direct including
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dealing with applications for Medical Exemption/Therapeutic Use Exemptions;
1.1.23. “Medical Exemption/Therapeutic Use Exemption” means an exemption granted by the Medical Committee pursuant to clause 5.3 of this Anti-Doping Code;
1.1.24. “Metabolite” means any substance produced by a biotransformation process;
1.1.25. “Member” means a Member of the International Cricket Council.
1.1.26. “Member Host” means the Member hosting the relevant ICC Event.
1.1.27. “National Anti Doping Organisation” means the entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement Anti Doping Codes, direct the collection of Samples, the management of test results, and the conduct of hearings all at national level. If this designation has not been made by the competent public authority(ies) the entity shall be the country’s National Olympic Committee or its designee. Such entity shall be designated with the primary authority and responsibility to implement this Anti Doping Code when the ICC Event is in their country.
1.1.28. “No Fault or Negligence” means the Cricketer establishing that he did not know or suspect and could not reasonably have known or suspected even with the exercise of utmost caution, that he had Used or been administered the Prohibited Substance or Prohibited Method.
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1.1.29. “No Significant Fault or Negligence” means the Cricketer establishing that his fault or negligence, when viewed in totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relation to the Anti Doping Code violation.
1.1.30. “No Performance Enhancing Effect” means the Cricketer establishing that the Prohibited Substance or its Markers or Metabolite detected in his specimen had no performance enhancing effect at all and could not have been used at all to mask a performance enhancing substance.
1.1.31. ““Participating Nations Agreement” means each of the agreements to be entered into between each Member whose squad competes in the relevant ICC Event and IDI in respect of the relevant ICC Event;
1.1.32. “Possession” means the actual, physical possession or the constructive possession (which shall be found only if the the person has exclusive control over the Prohibited Substance/Method or the premises in which a Prohibited Substance/Method exists) provided however that if the person does not have exclusive control over the Prohibited Substance/ Method or the premises in which a Prohibited Substance/Method exists, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance/Method and intended to exercise control over it. Provided, however, there shall be no Anti Doping Code violation based solely on possession if, prior to receiving notification of any kind that the Cricketer committed an Anti Doping Code violation, the Cricketer has taken concrete action demonstrating that the Cricketer no longer intends to have Possession and has renounced the Cricketer’s previous Possession.
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1.1.33. “Prohibited List” means the WADA Prohibited List identifying the Prohibited Substances and Prohibited Methods. This list is updated by WADA and further information can be found at the WADA website www.wada.ama.org
1.1.34. "Prohibited Method" means a method prohibited under this Anti-Doping Code as specified in Schedule 1 to this Anti-Doping Code;
1.1.35. "Prohibited Substance" means a substance prohibited under this Anti-Doping Code as specified in Schedule 1 to this Anti-Doping Code;
1.1.36. Provisional Suspension means an immediate suspension imposed in accordance with clause 8.8.2.
1.1.37. “Sample/Specimen” means any biological substance sought or collected from a Cricketer for the purposes of this Anti-Doping Code;
1.1.38. “Support Period” means, in respect of each Cricket Player, the period between: A) either the time of arrival in the designated international airport in Member Host Country on the date upon which each Cricket Player ends his outgoing journey, or 5 days prior to the first Match in the relevant ICC Event (excluding warm-up and practice matches), whichever is later; and B) the time of departure from the designated international airport in Member Host Country on the date on which each Cricket Player is required, to begin his homeward journey after participating in the relevant ICC Event or three days after the last match of the relevant ICC Event which ever is the earlier . For those players in Member Host Country the Support period shall commence 5 days prior to the first Match in the relevant ICC Event (excluding warm-up
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and practice matches) and shall conclude three days after the last match of the relevant ICC Event.
1.1.39. “Spurious or Frivolous” means that, on reasonable grounds, the appeal was made in bad faith or for a purpose other than to obtain access to a proper appeal on the merits or to abuse the Doping Control process.
1.1.40. “Tampering” means altering for an improper purpose or in an improper way, bringing improper influence to bear, interfering improperly to alter results or prevent normal procedures from occurring.
1.1.41. “Trafficking” means for a Cricketer to sell, give, administer, transport, send, deliver, or distribute a Prohibited Substance or a Prohibited Method to a Cricket Player either directly or through one or more third parties;
1.1.42. “Use” includes the application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method and has a corresponding meaning when used as a verb.
1.1.43. “WADA” means the World Anti-Doping Agency.
1.1.44. “WADA Accredited Laboratory" means a laboratory accredited by the WADA as qualified to undertake the detection of the presence or Use of Prohibited Substances and Prohibited Methods
1.1.45. “WADA Anti-Doping Code” (WADA Code) means the World Anti-Doping Agency Anti-Doping Code promulgated by the World Anti-Doping Agency (as amended from time to time) pursuant to Rule 48 of the Olympic Charter;
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1.2. Rules of interpretation
In this Anti-Doping Code, unless a contrary intention clearly appears, words importing:-
1.2.1. the singular shall include the plural and vice versa;
1.2.2. any one gender include the other genders;
1.2.3. any reference to an enactment, charter, or publication includes any amendment, re-enactment or republication thereof from time to time.
1.3. Statute of Limitation
No action may be commenced under this Anti Doping Code against a Cricketer or other person unless such action is commenced within eight years from the date the alleged violation occurred.
2 OBLIGATIONS
2.1 Cricketers’ Obligations
2.1.1 It is the personal responsibility of Cricketers to be knowledgeable of and comply with the terms of this Anti-Doping Code.
2.1.2 In the context of anti-doping, Cricket Players take responsibility for:
(a) what they ingest and use;
(b) informing their medical personnel of the Cricket Players’ obligations not to use Prohibited Substances and Prohibited Methods; and
(c ) making sure that any medical treatment received by them does not violate this Anti-Doping Code.
(d) compliance with the testing protocol outlined in Schedule 4.
2.2 Obligations and Powers of ICC
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Under this Anti-Doping Code ICC shall (without limitation to any other provision of this Anti-Doping Code):-
2.2.1 permit and assist the relevant National Anti Doping Organisation in the Member Host Country to attend matches (which includes warm up matches) conducted at the ICC Event by any of the participating teams, in order to obtain Specimens for testing for any doping practice;
2.2.2 notify Cricket Players that they are liable for selection to provide Specimens for testing for any doping practice;
2.2.3 arrange for the completion and return of any forms required for the purposes of the relevant National Anti Doping Organisation in the Member Host Country at the request of the relevant National Anti Doping Organisation in the Member Host Country;
2.3 The ICC and the Member Host shall provide access to Independent Observers at ICC Events as directed by ICC.
2.4 The costs for testing and for administration of this Anti-Doping Code shall be borne by the relevant ICC Event.
3. ANTI-DOPING CODE VIOLATIONS
The following constitute anti-doping code violations:
3.1 The presence of a Prohibited Substance or its Metabolites or Markers in a Cricket Player’s bodily Specimen
3.1.1 It is each Cricket Player’s personal duty to ensure that no Prohibited Substance enters his body. Cricket Player’s 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,
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negligence or knowing Use on the Cricket Player’s part be demonstrated in order to establish an anti-doping violation under Clause 3.1.
3.1.2 Excepting 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 a Cricket Player’s Sample shall constitute an Anti-Doping Code violation.
3.1.3 As an exception to the general rule of Clause 3.1, the Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.
3.2 Use or Attempted Use of a Prohibited Substance or a Prohibited Method
3.2.1 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an Anti-Doping Code violation to be committed.
3.3 Refusing, or failing without compelling justification, to submit to Sample collection after notification as authorized in this Anti-Doping Code or otherwise evading Sample collection.
3.4 Tampering, or Attempting to tamper, with any part of Doping Control.
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3.5 Possession of Prohibited Substances and Methods
3.5.1 Possession by a Cricket Player at any time or place of a substance that is prohibited or a Prohibited Method unless the Cricket Player establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Clause 5.3 (Therapeutic Use) or other acceptable justification.
3.5.2 Possession of a Prohibited Substance by Cricket Support Personnel in connection with a Cricket Player, Event or training, unless the Cricket Support Personnel establishes that the Possession is pursuant to a therapeutic use exemption granted to a Cricket Player in accordance with Clause 5.3 (Therapeutic Use) or other acceptable justification.
3.6 Trafficking in any Prohibited Substance or Prohibited Method.
3.7 Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Cricket Player, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an Anti Doping Code violation or any Attempted violation.
4 PROOF OF DOPING
4.1 Burdens and Standards of Proof
ICC shall have the burden of establishing that an Anti Doping Code violation has occurred. The standard of proof shall be whether ICC has established an Anti Doping
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Code violation to the comfortable satisfaction of the hearing body bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases shall be greater than a mere balance of probabilities but less than a standard of proof of beyond a reasonable doubt. Where this Code places the burden of proof upon the Cricketer alleged to have committed an Anti Doping Code violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be on the balance of probabilities.
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4.2 Methods of Establishing Facts and Presumptions
Facts related to Anti Doping Code violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases:
4.2.1 WADA accredited laboratories are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for laboratory analysis. The Cricket Player may rebut this presumption by establishing that a departure from the International Standard occurred.
If the Cricket Player rebuts the preceding presumption by showing that a departure from the International Standard occurred, then ICC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.
4.2.2 Departures from the International Standard for testing which did not cause an Adverse Analytical Finding or other Anti-Doping Code violation shall not invalidate such results. If the Cricket Player establishes that departures from the International Standard occurred during testing then ICC shall have the burden to establish that such departures did not cause the Adverse Analytical Finding or the factual basis for the Anti-Doping Code violation.
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CLAUSE 5 THE PROHIBITED LIST
5.1 Incorporation of the WADA Prohibited List
This Anti-Doping Code shall incorporate the Prohibited List as published by WADA and in force at the time the Participating Nations Agreement for the relevant ICC Event is circulated to the Competitors for signature.
5.2 Criteria for Including Substances and Methods on the Prohibited List
WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List and which shall apply to the relevant ICC Event shall be final and shall not be subject to challenge by a Cricketer, Member or any other Person.
5.3 Therapeutic Use/Medical Exemption/Therapeutic Use Exemptions
5.3.1 a Cricket Player with a documented medical condition, the treatment of which requires the Use of a Prohibited Substance or a Prohibited Method, may apply to the Medical Committee for approval to Use the Prohibited Substance or Prohibited Method.
5.3.2 The Member Host shall appoint a Medical Committee to consider requests for Medical Exemption/ Therapeutic Use Exemption. Upon ICC's receipt of a Medical Exemption/ Therapeutic Use Exemption request, the Chair of the Medical Committee shall appoint one or more members of the Medical Committee (which may include the Chair) to consider such request. The Medical Committee member(s) so designated shall promptly evaluate such
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request in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of ICC.
5.3.3 In considering any such application, the Medical Committee will have regard to the following:
5.3.3.1 Whether the Cricket Player has a significant medical condition which requires treatment;
5.3.3.2 Whether an unfair advantage will result from the administration of the Prohibited Substance or Prohibited Method as medically prescribed; and
5.3.3.3 Whether there is an alternative medication which is not prohibited which can be safely substituted for the Prohibited Substance or Prohibited Method.
5.3.4 A Medical Exemption/Therapeutic Use Exemption cannot be granted retrospectively.
5.3.5 A valid Medical Exemption/Therapeutic Use Exemption which has been granted by a Competitor prior to the commencement of the Support Period shall be automatically valid as a Medical Exemption/ Therapeutic Use Exemption for the purposes of this policy provided that the Cricket Player seeking to rely on such grant can produce clear documentary evidence to prove an application was made to and granted by the relevant Member and that such exemption is still valid at the time of the relevant ICC Event.
5.3.6 Medical Exemptions/ Therapeutic Use Exemptions granted by the Medical Committee shall be reported to the ICC who shall in turn report to WADA.
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5.3.7 WADA, at the request of a Cricket Player or on its own initiation, may review the granting or denial of any Medical Exemption/ Therapeutic Use Exemption to a Cricket Player. If WADA determines that the granting or denial of a Medical Exemption/ Therapeutic Use Exemption did not comply with the International Standard for Therapeutic Use Exemptions in force at the time then WADA may reverse that decision. If WADA reviews a decision to grant or deny a Medical Exemption/ Therapeutic Use Exemption it shall notify the relevant Cricket Player and his Home Board and shall keep them informed of the progress of the review. Decisions on Medical Exemptions/ Therapeutic Use Exemptions are subject to further appeal as provided in Clause 15.3
CLAUSE 6 TESTING
6.1 Authority to Test
All Cricketers participating in ICC Events shall be subject to In-Competition testing by ICC, who shall appoint the relevant National Anti-Doping Organization in the Member Host country to be responsible for testing at the relevant ICC Event.
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6.2 Responsibility for testing
The ICC shall be responsible for overseeing all testing conducted by the appointed National Anti-Doping Organization in the Member Host country.
6.3 Testing Standards
Testing conducted by ICC at ICC Events shall be in conformity with the International Standard for testing in force at the time of that testing.
6.4 Selection of Cricketers to be Tested
6.4.1 The ICC, in consultation with the National Anti Doping Organisation shall determine the number of Cricket Players to be tested during the relevant ICC Event (which includes the Support Period).
6.4.2 Selection of Cricket Players for testing in accordance with clause 6.4.1 will be conducted in accordance with Schedule 4.
6.5 Retirement
Should a Cricket Player retire during the Event, such retirement shall not: