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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.
[pdf_attachment file=”1″ name=”RFU Anti Doping Policy”]