Doping Policy

Downloadable Attachment

 RFU Anti Doping Policy

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

RFU REGULATION 20 – ANTI-DOPING

INTRODUCTION

20.1 RFU Position on Doping

The RFU condemns doping. It is harmful to the health of Players, totally

contrary to the core values of rugby and the RFU is committed to protecting

all Players’ fundamental right to participate in doping free rugby.

20.2 Role of the Union

The RFU is a Member Union of World Rugby and as such is required to

implement Anti-Doping Regulations within England Rugby that are in

conformity with the World Rugby Anti-Doping Regulations.

WORLD RUGBY ANTI-DOPING REGULATIONS

20.3 World Rugby Regulation 21

20.3.1 World Rugby has adopted the World Anti-Doping Code 2015 (“the Code”)

and implemented Code compliant Anti-Doping Regulations, known as

World Rugby Regulation 21.

20.3.2 World Rugby has also incorporated Doping Control Procedural Guidelines

(“the Guidelines”) and the World Anti-Doping Agency (“WADA”) Prohibited

List (as amended from time to time) into World Rugby Regulation 21 as

Schedules 1 and 2 respectively.

20.3.3 World Rugby Regulation 21, the Guidelines and the WADA Prohibited List

may be amended from time to time. It is the responsibility of all Players,

Player Support Personnel and other persons under the jurisdiction of the

RFU to ensure they are aware of the most current versions.

RFU ANTI-DOPING REGULATIONS

20.4 Definitions

All words and definitions contained in World Rugby Regulation 21 shall

have the same meaning in the RFU Anti-Doping Regulations. Other terms

shall be as defined in the Code or WADA International Standards.

20.5 Incorporation of World Rugby Regulation 21

20.5.1 The RFU hereby adopts World Rugby Regulation 21 (including the

appendices and schedules) in its entirety as its own Anti-Doping

Regulations.

20.5.2 World Rugby Regulation 21, the Guidelines and the current WADA

Prohibited List are available on www.worldrugby.org, www.englandrugby.

com and on request from the RFU Anti-Doping & Illicit Drugs Programme

Manager.

 

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

20.5.3 In the event that World Rugby Anti-Doping Regulations conflict with RFU

Anti-Doping Regulations, then World Rugby Anti-Doping Regulations will

prevail.

20.6 Authority to Regulate

20.6.1 The RFU Anti-Doping Regulations, including World Rugby Regulation 21,

shall apply to and shall bind all Players, Player Support Personnel and other

persons under the jurisdiction of the RFU. For the purposes of these RFU

Anti-Doping Regulations, the definition of Player is not limited to National-

Level or International-Level Players and extends to anyone playing under

the jurisdiction of the RFU.

20.6.2 All Players, Player Support Personnel and other persons under the jurisdiction

of the RFU, shall comply with the RFU Anti-Doping Regulations, including

World Rugby Regulation 21, in order to be eligible to participate or assist in

any event or activity organised or authorised by or held under the authority of

the RFU. Accordingly, by so participating or assisting, a Player, Player Support

Personnel or other Person shall be deemed to have agreed:

(i) to be bound by and to comply strictly with these RFU Anti-Doping

Regulations, including by making themselves available for In

Competition and Out of Competition Doping Control on a No

Advance Notice basis or otherwise;

(ii) to submit to the authority of the RFU, UK Anti-Doping (“UKAD”),

World Rugby or other Anti-Doping Organisation as appropriate,

and to submit to the exclusive jurisdiction of the panels specified in

RFU Regulation 19, 20 and/or World Rugby Regulation 21; and

(iii) to have consented to the collection, processing, disclosure and use

of their personal information (including for example whereabouts

information, sample analysis results and information provided by a

Person for any purpose under these RFU Anti-Doping Regulations)

for the purpose of implementing these RFU Anti-Doping

Regulations, provided that such use of personal information shall be

in accordance with the provisions of the International Standard for

the Protection of Privacy and Personal Data.

20.7 In-Competition and Out-of-Competition Doping Control

20.7.1 All Players under the jurisdiction of the RFU may be subject to In

Competition and Out of Competition Doping Control by the RFU at any

time, at any location and with No Advance Notice.

20.7.2 All Players under the jurisdiction of the RFU may also be subject to In

Competition and Out of Competition Doping Control on a No Advance

Notice basis by World Rugby, WADA, UK Anti-Doping and any other

authorised Anti-Doping Organisation.

20.7.3 All Players under the jurisdiction of the RFU may also be subject to Out

of Competition Testing pursuant to the RFU’s Illicit Drugs Policy which

is available at www.englandrugby.com/governance/anti-doping/illicit3

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

drugs-programme/regulations. The RFU may test for Illicit Drugs

irrespective of whether or not a particular Illicit Drug is classified as being

prohibited In Competition only on the Prohibited List.

20.8 RFU Testing Pool

20.8.1 The RFU will maintain a Testing Pool of Clubs who are required to provide

timely and accurate Club training information to the RFU for the purposes

of locating domestic players for No Advance Notice Out of Competition

testing. Such training information shall be provided to the RFU when

requested in a format determined by the RFU and shall include dates, venues

and times when training will take place. Clubs shall also communicate any

changes to their training information to the RFU as and when necessary.

20.8.2 Any Club within the RFU Testing Pool who fails to submit timely and

accurate Club training information as requested after receipt of a formal

written warning from the RFU during the current season shall be fined

£1,000 by the RFU. Any subsequent failure by the Club to provide accurate

and timely Club training information during the current season shall result

in a £2,000 fine by the RFU.

20.8.3 Any Club within the RFU Testing Pool whose squad are unavailable for

testing (i.e. incurs a Squad No Show) through the provision of inaccurate

Club training information will receive a formal written warning from the

RFU to update their training information and shall be liable for the costs

incurred by the RFU (or UKAD) for the Squad No Show. Any subsequent

Squad No Show incurred by the club during the current season shall result

in a fine of £2,000 by the RFU.

20.8.4 In the case of alleged breaches of Regulations 20.8.1 to 20.8.3 above, the Club

shall have the right to appeal any decision of the RFU to administratively

impose a fine to an RFU Appeal Panel within 14 days of the notification of

the written decision in accordance with RFU appeal procedures set out in

RFU Regulation 19. Appeals may only be made in relation to disputes as

to the facts of whether a breach has occurred and may not be brought in

relation to the level of any fine imposed.

20.9 UKAD Domestic Testing Pool (“DTP”)

DTP Player Whereabouts Requirements

20.9.1 The RFU will assist UKAD in identifying a DTP of Players who must file

a Whereabouts Filing with the RFU and UKAD for each quarter of the

calendar year, via ADAMS that contains the information set out in World

Rugby Regulation 21.5.6.9.

20.9.2 Pursuant to World Rugby Regulation 21.5.7 a Player identified for

inclusion in the DTP shall remain in the DTP and continue to be subject

to these provisions including the obligation to provide player whereabouts

information and be available for individual Out of Competition testing

unless the Player gives written notice to the RFU that they have retired

or until they have been provided with written notice of their removal by

UKAD.

 

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

20.9.3 A Player in the DTP who has given written notice of retirement to the RFU

may not resume competing at International Match Level unless the Player

notifies the RFU at least 6 months before the Player expects to return to

competition and is available for Out of Competition testing at any time

during the period before their actual return to competition.

20.9.4 A Player in the DTP who has given written notice of retirement to the RFU

may not resume competing at a level within the RFU Testing Pool unless

the Player notifies the RFU at least 6 months before the Player expects to

return to competition and is available for Out of Competition testing at any

time during the period before their actual return to competition.

DTP Whereabouts Failures

20.9.5 Players in the DTP who fail to provide complete and accurate quarterly

Player whereabouts information to UKAD may incur a Filing Failure, and

may consequently be in breach of World Rugby Regulation 21.2.4. Such

Filing Failure shall only be declared by UKAD as the National Anti-Doping

Organisation.

Consequences of DTP Whereabouts Failures

20.9.6 Any Player in the DTP who commits a total of three (3) Whereabouts

Failures within a 12 month period shall be included in the UK Anti-Doping

National Registered Testing Pool (NRTP).

20.10 UKAD National Registered Testing Pool (“NRTP”)

NRTP Player Whereabouts Requirements

20.10.1 The RFU will assist UKAD in identifying a NRTP of Players who must

file a Whereabouts Filing with the RFU and UKAD for each quarter of the

calendar year, via ADAMS that contains the information set out in World

Rugby Regulation 21.5.6.9.

20.10.2 Pursuant to World Rugby Regulation 21.5.7 a Player identified for inclusion

in the NRTP shall remain in the NRTP and continue to be subject to

these provisions including the obligation to provide player whereabouts

information and be available for individual Out of Competition testing

unless the Player gives written notice to the RFU that they have retired or

until they no longer satisfy the criteria for inclusion in the NRTP and have

been provided with written notice by UKAD.

20.10.3 A Player in the NRTP who has given written notice of retirement to the

RFU may not resume competing at International Match Level unless the

Player notifies the RFU at least 6 months before the Player expects to return

to competition and is available for Out of Competition testing at any time

during the period before their actual return to competition.

20.10.4 A Player in the NRTP who has given written notice of retirement to the RFU

may not resume competing at a level within the RFU Testing Pool unless

the Player notifies the RFU at least 6 months before the Player expects to

return to competition and is available for Out of Competition testing at any

time during the period before their actual return to competition.

 

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

NRTP Whereabouts Failures

20.10.5 Players in the NRTP who fail to provide complete and accurate quarterly

Player whereabouts information to UKAD may incur a Filing Failure, and

may consequently be in breach of World Rugby Regulation 21.2.4. Such

Filing Failure shall only be declared by UKAD as the National Anti-Doping

Organisation in accordance with World Rugby Regulations 21.5.6.18 and

21.5.6.26 (for the avoidance of doubt, the functions of World Rugby as detailed

in those Regulations shall be read for the purposes of this Regulation 20.10.5

as being those of UKAD).

20.10.6 Players in the NRTP who are unavailable for testing at their specified

location during their nominated hour may incur a Missed Test and may

consequently be in breach of World Rugby Regulation 21.2.4. Where such

testing is conducted by UKAD or its designee on the basis of the whereabouts

information submitted to UKAD, a Missed Test shall be declared by UKAD

in accordance with World Rugby Regulations 21.5.6.23 and 21.5.6.27 (for

the avoidance of doubt, the functions of World Rugby as detailed in those

Regulations shall be read for the purposes of this Regulation 20.10.6 as

being those of UKAD).

Consequences of NRTP Whereabouts Failures

20.10.7 Any Player in the NRTP and/or in the World Rugby International Registered

Testing Pool (established pursuant to World Rugby Regulation 21.5.6.2)

who commits a total of three (3) Whereabouts Failures (which may be any

combination of Filing Failures and/or Missed Tests adding up to three

(3) in total) within a 12 month period (irrespective of which Anti-Doping

Organisation(s) has/have declared the Whereabouts Failures in question)

shall be considered to have committed an anti-doping rule violation in

accordance with World Rugby Regulation 21.2.4. The applicable period

of ineligibility pursuant to World Rugby Regulation 21.10.3.2 shall be two

years, subject to a reduction down to a minimum of one year, depending on

the Player’s degree of Fault.

20.10.8 It is recognised that a Player may be in both the NRTP and the World Rugby

Testing Pool (established pursuant to World Rugby Regulation 21.5.6.3, as

opposed to the World Rugby International Registered Testing Pool). In

those circumstances Whereabouts Failures will only be counted by the

body which has declared the Whereabouts Failure (that is, a Whereabouts

Failure committed by a Player pursuant to his obligations as a member of

the World Rugby Testing Pool shall not automatically be regarded as a

Whereabouts Failure pursuant to his obligations as a member of the NRTP,

and vice versa). For the avoidance of doubt, a Player may have Whereabouts

Failures in both Pools if they are declared separately by both of the bodies

responsible for declaring them, but which will not be aggregated.

20.11 Therapeutic Use Exemptions

20.11.1 Any Player subject to Testing who is not in the World Rugby Registered

Testing Pool or Testing Pool, and who is seeking a Therapeutic Use

Exemption (TUE) pursuant to World Rugby Regulation 21.4.4 shall submit

their TUE request directly to UKAD. TUE requests will be determined by

 

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

UKAD and evaluated in accordance with the International Standard for

TUEs.

20.11.2 Players must submit complete and accurate TUE requests to UKAD in

accordance with the TUE forms and guidance notes available on the UKAD

website (www.ukad.org.uk) or on request from the RFU Anti-Doping &

Illicit Drugs Programme Manager.

20.12 Investigations

20.12.1 Where a Player, Player Support Personnel or other Person knows or

suspects that any other Player, Player Support Personnel or other Person has

committed an Anti–Doping Rule Violation, they shall have an obligation to

report such knowledge or suspicion to the RFU as soon as possible. They

shall also have a continuing obligation to report any new knowledge or

suspicion regarding any Anti–Doping Rule Violation to the RFU. Failure to

comply with any of the foregoing without reasonable justification may be

treated as misconduct under the RFU’s Discipline Regulations and/or Rules

and may be sanctioned accordingly.

20.12.2 Players, Player Support Personnel and other Persons must cooperate fully

with investigations conducted pursuant to this Regulation 20.12. Failure

or refusal to do so without reasonable justification may be treated as

Misconduct and sanctioned accordingly.

20.12.3 If the Player, Player Support Personnel or other Person subverts or attempts

to subvert the investigation process (for example, but not limited to,

providing false, misleading, inaccurate or incomplete information, and/or

by destroying potential evidence), proceedings may be brought against

him or her for violation of World Rugby Regulation 21.2.5 (Tampering or

Attempted Tampering) or 21.2.9 (Complicity) or misconduct and sanctioned

accordingly.

20.13 Disciplinary Process

20.13.1 This Regulation shall apply where an Anti-Doping Rule Violation may have

been committed by a Player, Player Support Personnel or a person under

the jurisdiction of the RFU.

20.13.2 The RFU Legal and Governance Director has the power to impose a

provisional suspension pursuant to World Rugby Regulation 21.7.9 and the

Player, Player Support Personnel or other person alleged to have committed

a breach of World Rugby Regulation 21 shall be notified accordingly. For the

avoidance of doubt, this power may be exercised before any determination

on case to answer is made pursuant to Regulation 20.13.3.

20.13.3 UKAD shall review any potential Anti-Doping Rule Violation and confirm

whether the Player, Player Support Personnel or other person has a case to

answer. The decision of UKAD shall be communicated, via the RFU, to the

person alleged to have committed the Anti-Doping Rule Violation.

20.13.4 The RFU shall (if UKAD has determined there is a case to answer) bring a

charge in relation to an alleged breach of World Rugby Regulation 21. Where

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

a charge is brought, the RFU shall, subject to Regulation 20.18, instruct the

National Anti-Doping Panel (“NADP”) to appoint an independent Panel to

hear the case. The Player, Player Support Personnel or other person charged

shall be sent a notification of the hearing. All hearings in such a case shall

be carried out in accordance with (i) the procedural guidelines set out

in World Rugby Regulation 21.8.2.6, and (ii) the NADP Procedural Rules

(except if inconsistent with any provision of World Rugby Regulation 21, in

which case that Regulation shall prevail).

20.13.5 Nothing in Regulation 20.13 shall prevent the RFU from bringing a charge

against a Player, Player Support Personnel or other person for breach of any

other RFU Rule or Regulation.

20.14 Appeal to the NADP Appeal Panel

20.14.1 In cases which do not arise from participation in an International Event and

do not involve International Level Players, where a decision stipulated in

World Rugby Regulation 21.13.2 has been made by an independent NADP

Panel constituted under RFU Regulation 20.13.4, the route of appeal in

accordance with World Rugby Regulation 21.13.2.2 shall be to the NADP

Appeal Panel. The persons entitled to bring such an appeal are stipulated

in World Rugby Regulation 21.13.2.3. Where such an appeal is brought, the

RFU shall instruct the NADP to appoint an independent Appeal Panel to

hear the case.

20.14.2 Appeals to the NADP Appeal Panel in accordance with RFU Regulation

20.14.1 shall be conducted in accordance with the NADP Procedural Rules

(except if inconsistent with any provision of World Rugby Regulation 21, in

which case the World Rugby Regulations shall prevail).

20.15 Appeal to the Court of Arbitration for Sport

20.15.1 The ultimate appellate body in respect of any proceedings where an Anti-

Doping Rule Violation may have been committed by a Player, Player

Support Personnel or any other person under the jurisdiction of the RFU is

the Court of Arbitration for Sport (“CAS”).

20.15.2 In cases which arise from participation in an International Event or in cases

involving International-Level Players, the first and exclusive appeal against

a first-instance decision of the NADP constituted under RFU Regulation

20.13.4 shall be, in accordance with World Rugby Regulation 21.13.2.1, to

CAS. The persons entitled to bring such an appeal are stipulated in World

Rugby Regulation 21.13.2.3.

20.15.3 In cases which do not arise from participation in an International Event and

do not involve International-Level Players, where an appeal decision has

been made by an independent NADP Appeal Panel constituted under RFU

Regulation 20.13.1, the following parties shall, in accordance with World

Rugby Regulation 21.13.2.3, have the right to appeal to CAS: (a) WADA,

(b) the International Olympic Committee, (c) the International Paralympic

Committee and (d) World Rugby. In the event of such an appeal, then crossappeals

and other subsequent appeals shall be specifically permitted in

accordance with World Rugby Regulation 21.13.2.4.

RFU REGULATION 20 – ANTI-DOPING

Effective from 1 August 2017

20.15.4 The time limits for filing an appeal to CAS are set out in World Rugby

Regulation 21.13.7. Appeals to CAS under RFU Regulations 20.15.2 and

20.15.3 shall be conducted in accordance with the relevant provisions of the

Code of Sports-related Arbitration.

20.16 General

Any deviation from these Anti-Doping Regulations shall not invalidate any

finding, decision or Adverse Analytical Finding unless such deviation(s) is

such as to cast material doubt on any finding, decision or Adverse Analytical

Finding.

20.17 Prohibition on Private Testing for Illicit Drugs

The independent private testing/screening of Players for prohibited

substances and/or Illicit Drugs (as defined in the RFU Illicit Drugs Policy)

by a Club or a Player (or by a third party with a Club and/or Player’s

knowledge) for whatever reason is prohibited.

20.18 Prompt Admission of an Anti-Doping Rule Violation after being

confronted with a violation sanctionable under World Rugby Regulation

21.10.2.1 or Regulation 21.10.3.1

20.18.1 A Player or other Person potentially subject to a four-year sanction under

World Rugby Regulation 21.10.2.1 or 21.10.3.1 (for evading or refusing Sample

Collection or Tampering with Sample Collection), by promptly admitting

the asserted anti-doping rule violation after being confronted by the RFU,

and also upon the approval and at the discretion of both WADA, UKAD

and the RFU, may receive a reduction in the period of Ineligibility down to

a minimum of two years, depending on the seriousness of the violation and

the Player or other Person’s degree of Fault.

20.18.2 Where the RFU has proposed a reduction in the period of ineligibility under

Regulation 20.18.1, and the Player or other Person has agreed to it, that

period of ineligibility shall be imposed administratively by the RFU Legal

and Governance Director and need not be ratified by the NADP.

20.18.3 If the Player or other Person concerned does not agree to the period of

ineligibility imposed by the RFU Legal and Governance Director within 14

days of notification of the proposal, then the charge shall be determined by

the NADP.

 RFU Anti Doping Policy