Sports Law

Revised WADA Code 2009

The WADA Code has been revised as of 31 December 2008. The WADA Code 2009 is at: http://www.wada-ama.org/rtecontent/document/code_v2009_En.pdf
The revisions to the Code entered into force on January 1, 2009.

Key changes in the WADA code 2009:

Increased Sanctions: “Aggravating circumstances”
The 2009 Code provides for an increase of sanctions in doping cases involving aggravating circumstances eg being part of a large doping scheme, the athlete having used multiple prohibited substances or a prohibited substance on multiple occasions, or the athlete engaging in deceptive or obstructing conduct to avoid the detection or adjudication of an anti-doping rule violation. Aggravating circumstances also include situations in which a normal individual would be likely to enjoy the performance-enhancing effects of the anti-doping rule violation(s) beyond the otherwise applicable period of ineligibility.

Sanction Flexibility
The 2009 Code provides for enhanced sanctions, (eg aggravating circumstances) and for lessened sanctions where the athlete can establish that the substance involved was “not intended to enhance performance”.

“Specified Substances”
2009 Code provides that all prohibited substances, except substances in the classes of
anabolic agents and hormones and those stimulants so identified on the Prohibited List, shall be “specified substances” for the purposes of sanctions. Where an athlete can establish how a specified substance entered his/her body or came into his/her possession and that such specified substance was not intended to enhance sport performance, the sanction may be reduced to a reprimand and no period of ineligibility at a minimum, and a 2-year ban at a maximum.

Increased Incentives to “provide assistance” / “come forward”
Incentives to come forward have increased. The potential extent of the suspension of an ineligibility period (one-half of the otherwise applicable ineligibility period in the 2003 Code) has been increased to three-quarters of the otherwise applicable ineligibility period in the 2009 Code, for “substantial assistance” to an anti-doping organization, criminal authority or professional disciplinary body which results in the anti-doping organization discovering or establishing an anti-doping rule violation by another person or which results in a criminal or disciplinary body discovering a criminal offence or the breach of professional rules by another person.

Where an athlete or other person voluntarily admits the commission of an anti-doping rule violation prior to receiving notice of a sample collection which could establish an anti-doping rule violation, or in circumstances where no anti-doping organization is aware that an anti-doping rule violation might have been committed, the period of ineligibility may be reduced, but not below one-half of the period of ineligibility otherwise applicable.

Financial Sanctions
The 2009 Code does not preclude anti-doping organizations from providing, in their own rules, for financial sanctions against cheaters, in addition to the period of ineligibility or other sanction imposed.

Accelerated Management of Doping Cases
The 2009 Code addresses delays and calls for the acceleration of the process and management of doping cases (e.g., reduced period between analysis of the A- and B-samples, and mandatory provisional suspension following an adverse analytical finding through analysis of the A-sample for non-specified substances).

WADA’s Right of Appeal
The 2009 Code also clarifies WADA’s right to appeal directly to the Court of Arbitration for Sport a case in which an anti-doping organization fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline, as if the anti-doping organization had rendered a decision finding no anti-doping rule violation.