RFU Regulation 20

RFU REGULATION 20 – ANTI-DOPING PROVISIONS 1
Effective from 1 August 2015
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RFU REGULATION 20 – ANTI-DOPING
PROVISIONS
SECTION 1 – INTRODUCTION
20.1 RFU Position on Doping
The RFU condemns doping. It is harmful to the health of players, totally
contrary to the spirit 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.
SECTION 2 – WORLD RUGBY ANTI-DOPING REGULATIONS
20.3 World Rugby Regulation 21
20.3.1 World Rugby has adopted the World Anti-Doping Code (‘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 WADA Prohibited List (as amended from time to
time) into World Rugby Regulation 21 as Schedule 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 each Player’s responsibility to
ensure they are aware of the most current versions.
SECTION 3 – 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, save as otherwise
defined in these Regulations. Other defined terms shall be as defined in the
Code or World Anti-Doping Agency International Standards.
20.5 Incorporation of World Rugby Regulation 21
20.5.1 The RFU hereby adopts World Rugby Regulation 21 in its entirety as its own
anti-doping regulations (as amended from time to time) with the additional
regulations set out in this Section 3.
20.5.2 The RFU also hereby adopts the Guidelines as its own Doping Control
Procedural Guidelines and the WADA Prohibited List (as amended from
time to time). World Rugby Regulation 21, the Guidelines and the current
WADA Prohibited List are available from the World Rugby website
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 2
Effective from 1 August 2015
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(www.worldrugby.org), the RFU website (www.englandrugby.com/
governance/anti-doping-regulations) or on request from the RFU Anti-
Doping & Illicit Drugs Programme Manager.
20.5.3 In the event that World Rugby adopts new Anti-Doping Regulations which
conflict with these additional regulations, the new World Rugby Anti-
Doping Regulations will prevail.
20.6 Authority to Regulate
These 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.
All Players, Player Support Personnel and other persons under the
jurisdiction of the RFU, shall comply with these 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 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 the World Rugby, the World Anti-Doping Agency and any
other authorised Anti-Doping Organisation.
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 3
Effective from 1 August 2015
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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 http://www.englandrugby.com/governance/anti-doping/
illicit-drugs-programme/regulations. The RFU may test for Illicit Drugs
regardless of whether or not a particular Illicit Drug is classified as being
prohibited In Competition only on the Prohibited List.
20.8 Domestic Testing Pool
20.8.1 The RFU will identify a Domestic Testing Pool of rugby 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 Domestic Testing Pool who fails to submit timely and
accurate club training information as requested after receipt of one (1)
formal written warning from the RFU to do so 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 Domestic 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 one (1) formal written warning from
the RFU to update their training information and shall be liable for the costs
incurred by the RFU 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.
20.9 National Registered Testing Pool (“NRTP”)
NRTP Player Whereabouts Requirements
20.9.1 The RFU will assist UKAD to identify a NRTP of Players who must file a
Whereabouts Filing with the RFU and UKAD for each quarter period via
ADAMS that contains the information set out in World Rugby Regulation
21.5.6.9.
20.9.2 Pursuant to World Rugby Regulation 21.5.7.8 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 the RFU.
20.9.3 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
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 4
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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 NRTP who has given written notice of retirement to the RFU
may resume competing at a level within the Domestic Testing Pool upon
notification to the RFU of their intention to return to competition.
Whereabouts Failures
20.9.5 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 NADO 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 20.9.5 as being those of UKAD).
20.9.6 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 20.9.6 as being
those of UKAD).
Consequences of Whereabouts Failures
20.9.7 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.
20.9.8 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.
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 5
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20.10 Therapeutic Use Exemptions
20.10.1 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
UKAD and evaluated in accordance with the International Standard for
TUEs.
20.10.2 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.
20.11 Investigations
20.11.1 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, it shall be the first Player’s,
Player Support Personnel’s or other Person’s obligation to report such
knowledge or suspicion to the RFU as soon as possible. The first Player,
Player Support Personnel or other Person shall have a continuing obligation
to report any new knowledge or suspicion regarding any Anti–Doping Rule
Violation to the RFU even if the Player’s, Player Support Personnel’s or other
Person’s prior knowledge or suspicion has already been reported. Failure to
comply with any of the foregoing without acceptable justification may be
treated as misconduct under the RFU’s disciplinary rules of conduct and
may be sanctioned accordingly.
20.11.2 Players, Player Support Personnel and other Persons must cooperate fully
with investigations conducted pursuant to this Article 20.11. Failure or
refusal to do so without acceptable justification may be treated as conduct
prejudicial to the interests of the RFU and the Game and may be sanctioned
accordingly.
20.11.3 If the Player, Player Support Personnel or other Person subverts or attempts
to subvert the investigation process (e.g., by providing false, misleading
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)
20.12 Discipline Process
20.12.1 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.
20.12.2 The RFU Legal and Governance Director is entitled to implement any
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 this Regulation 20 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 20.12.3.
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 6
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20.12.3 UKAD shall separately 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 to the person
alleged to have committed the offence.
20.12.4 The RFU shall (if UKAD has determined that there is a case to answer), bring
a charge in relation to any suspected or alleged breach of this Regulation
20. Where a charge is brought, an independent panel shall be appointed
by the RFU Judicial Secretary 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 the RFU
disciplinary procedures set out in the RFU Regulation 19.
20.12.5 Nothing in this Regulation 20.12 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.
20.13 Appeals
20.13.1 A decision listed at World Rugby Regulation 21.13.2 involving a National
Level Player may be appealed by the Player or person involved, the RFU,
the Tournament Organiser, World Rugby, the World Anti-Doping Agency
(“WADA”), the International Olympic Committee where the decision might
have an effect in relation to the Olympic Games and the National Anti-
Doping Organisation.
20.13.2 Any appeal or referral must be lodged with the RFU within 7 days from the
date of notification of the Disciplinary Panel and must be in the prescribed
form as set out in World Rugby Regulation 21.13.8.
20.13.3 If an appeal or referral is made in accordance with Regulation 20.13.2 above,
an Appeal Panel shall be appointed in accordance with RFU Regulation 19.
All hearings of the Appeal Panel appointed in such a case shall be carried
out in accordance with the RFU’s disciplinary procedures. In addition, the
Appeals Panel shall have all the powers and obligations as set out in World
Rugby Regulation 21.13.8.
20.13.4 The decision of the RFU Disciplinary Panel shall remain in full force and
effect until the decision of the Appeals Panel.
20.13.5 In the case of alleged breaches of Regulations 20.8.1 to 20.8.3 above, the
RFU and the Club shall have the right to appeal any decision of the RFU
Disciplinary Panel to an Appeal Panel within 14 days of the 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.
20.14 Appeals to Court of Arbitration for Sport (‘CAS’)
The ultimate appellate body for doping violations is the CAS. The procedure
for appealing to CAS is set out in World Rugby Regulation 21.13.
RFU REGULATION 20 – ANTI-DOPING PROVISIONS 7
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20.15 General
A deviation or deviations from these Anti-Doping Regulations shall not
invalidate any finding, decision or Adverse Analytical Finding unless such
deviation or deviations are such as to cast material doubt on any finding,
decision or Adverse Analytical Finding.
20.16 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.