AUSTRALIAN BASEBALL
FEDERATION INC.
ANTI-DOPING POLICY
POSITION STATEMENT
The only legitimate use of drugs in sport is under
supervision of a physician for a clinically justified purpose. This policy prohibits classes of substances
and doping methods in recognition of their performance enhancing effects
contrary to the ethics of sport and the potential harm to the health of
athletes.
Athletes and their physicians must take every care to
ensure that the therapeutic use or administration of substances does not
contravene this policy.
1. INTERPRETATION
1.1 In this policy, the following words have the following
respective meanings:
“Act” means the Australian Sports Drug Agency Act 1990.
“ABF” means the
Australian Baseball Federation Inc.
“Agency” means any
agency (including ASDA) which conducts Testing
of Athletes for the detection of Doping whilst and so long as such Testing is conducted substantially in
conformity with the procedures of the IBA,
or if the IBA does not provide for
such procedures or during the Olympic Games, then in conformity with the Medical Code.
“Anti-Doping
Control
Officer” means the
person appointed or persons deemed to be appointed as such by the ABF pursuant to clause 3.4.
“AOC” means the
Australian Olympic Committee Inc.
“AOC
Secretary-
General” means the
Secretary-General of the AOC.
“ASC” means the
Australian Sports Commission.
“ASDA” means the
Australian Sports Drug Agency established under the Act.
“Athlete” means:
(a) any person:
i. competing;
or
ii. who
in the previous twelve (12) months has competed;
in
any competition under the control or auspices of the ABF, or
(b) any
person:
i. using; or
ii. who in the previous twelve (12) months
has used;
the
facilities of the ABF;
unless
retired from competition pursuant to clause 15.
“CAS” means
the Court of Arbitration for Sport.
“Doping” means:
(a) the presence, in a person’s Sample, of substances belonging to
classes of pharmacological agents; or
(b) the use of the various methods;
prohibited
by the IBA, or if the IBA does not prohibit substances and /
or methods or during the Olympic Games, then such substances, methods and
classes of drugs described in Chapter II of the Medical Code.
“Doping
Offence” means
and includes:
(a) Doping;
(b) the refusal to provide a Sample for Testing upon request by a Responsible
Authority or Agency;
(c) Trafficking;
or
(d) (1) aiding,
abetting, counselling or procuring;
(2) including (whether by threats or
promises or otherwise);
(3) being in any way, whether directly or
indirectly, concerned in, or party to; or
(4) conspiring with any other person to
effect;
any
of the practices described in paragraphs (a) – (c) of this definition.
“IBA” means
the International Baseball Association.
“IOC” means
the International Olympic Committee being an association created by the
Congress of Paris of 23 June 1894 and which is entrusted with the control and
development of the modern Olympic Games pursuant to the Olympic Charter.
“Medical
Code” means
the Medical Code provided for under Rule 48 of the Olympic Charter as in force from time to time.
“Member” means:
(a) any person who, or body which is, a
member of the ABF;
(b) any person who, or body which is,
affiliated to the ABF;
(c) any person who is a member of a body
which is a member of or affiliated with the ABF;
and
(d) any person taking part in, or involved
in or associated with any sporting activity conducted, authorised or recognised
by the ABF, whether as an Officer or as an Official or otherwise.
“Officer” means
all persons who administer, manage, assist or are otherwise involved in the
sport of baseball other than as an Athlete
or Official.
“Official” means
all persons who administer, manage, coach, assist or are otherwise involved in
the sport of baseball other than as an Athlete
or Officer.
“Olympic
Charter” means
the Olympic Charter of the IOC or any
amendment or modification thereto or replacement thereof.
“Positive Test
Result” means
a notice from an Agency of Doping.
“Responsible
Authority” means
the IBA, AOC, the IOC, Sydney
Organising Committee for the Olympic Games, the ASC, the Australian Institute of Sport, Sporting Organisations, State Academies and Institutes of Sport and
State Sporting Associations.
“Sample” means
human biological fluid or tissue.
“Sporting
Organisation” means
any body controlling a branch or sport, whether within Australia, overseas or
internationally and recognised by the IOC,
the AOC or the ASC.
“Testing” means
the requesting, collecting and analysis of Samples
for Doping.
“Trafficking” means:
(a) manufacturing, extracting,
transforming, preparing, storing, expediting, transporting, importing,
transiting, offering (whether subject to payment or free of charge),
distributing, selling, exchanging, brokering, obtaining in any form,
prescribing, commercialising, making over, accepting, possessing, holding,
buying or acquiring in any manner the products or substances which are
prohibited under this policy;
(b) acting in the above respect, financing
or serving as an intermediary for the finance of the latter, provoking in any
way the consumption or use of such products or prohibited substances or
establishing means of procuring or consuming such substances; or
(c) being concerned or involved in methods
which are prohibited by this policy;
other than in the
course of the legal exercise of professional medical, pharmaceutical or
analogous activities provided that a person, other than an Athlete, may rebut the presumption of trafficking arising out of
mere possession of a substance prohibited under this policy if that person
proves to the satisfaction of CAS
that the substance was solely for personal use.
1.2 (1) Reference
to:
(a) the singular includes the plural and
the plural includes the singular; and
(b) a person includes a body
corporate; and
(c) a Sate includes a Territory.
(2) If a person or Member to whom this policy applies consists of more than one
person, then this policy binds them jointly and severally.
(3) The Position Statement and headings are
for convenience only and do not form part of this policy or affect its
interpretation.
(4) “Including” and similar words are not
words of limitation.
(5) Where a word or expression is given a
particular meaning, other parts of speech and grammatical forms of that word or
expression have a corresponding meaning.
2. APPLICATION OF ANTI-DOPING POLICY
2.1 This
policy applies to:
(1) Athletes,
whether in or out of competition;
(2) Members; and
(3) all persons involved in Trafficking.
2.2 Sanctions are applicable in the event of
any infraction of this policy.
3. OBLIGATIONS
3.1 All Athletes
must give Samples for Testing at the request of an Agency.
3.2 Every person or body to whom this policy
applies must not commit a Doping Offence.
3.3 The ABF:
(1) permits
and authorises ASDA to attend
competitions conducted by it or under its auspices to obtain Samples for Testing;
(2) permits
and authorises ASDA to obtain Samples for Testing from Athletes out
of competition and will provide reasonable assistance for this purpose;
(3) requires
and will cause Athletes and Officials to permit ASDA or other Agency to
collect Samples for Testing and provide reasonable
assistance for this purpose. This
assistance includes the prompt, complete and correct advice of the address and
contact details of any Athlete as
known to the ABF or a Member together with any other
information requested by ASDA or any
other Agency relevant to the
collection of Samples;
(4) uses
ASDA to conduct any additional test
in Australia and at the expense of the ABF;
(5) permits
and assists the IBA and any Agency appointed by the IBA to obtain Samples from Athletes for
Testing;
(6) will
implement and administer this policy promptly and without favour or
discrimination to the satisfaction of the AOC
and the ASC; and
(7) subject
to any applicable law to the contrary, will require ASDA or any other Agency
conducting Testing of Athletes to notify the AOC Secretary-General and the Executive
Director of the ASC of:
(a) all positive results of that Testing;
(b) the results of all Testing conducted at the direction of the ABF;
(c) the results of such other Testing as advised by the AOC Secretary-General or the Executive
Director of the ASC from time to
time; and
(d) any refusal to provide a Sample upon request.
3.4 Except to the extent required by the rules of the IBA, the ABF observes the Anti-Doping Policy of the AOC and to this end will appoint an Anti-Doping Control Officer approved by the AOC Secretary-General.
Failing the appointment of a person to this position, the President and Chief Executive Officer of the ABF
will be deemed to be jointly and severally the Anti-Doping Control Officer.
3.5 The obligations of the Anti-Doping
Control Officer are:
(1) to ensure the ABF complies
with its obligations to the AOC, the ASC and the IBA pursuant to their respective anti-doping policies.
(2) without limiting the obligations under paragraph (1):
(a) to notify Athletes they
are liable for selection to provide Samples
for Testing whether in Australia
or overseas;
(b) to arrange for completion and return of forms required for the
purposes of ASDA or any other Agency at the request of the AOC, the IBA, ASDA or other Agency;
(c) to submit this anti-doping policy and any amendments thereto to
the AOC and the ASC for approval and consistency with the anti-doping policies of
the IBA, the AOC and the ASC;
(d) to advise promptly the AOC
and the ASC of the anti-doping
policy of the IBA and any changes
thereto within 48 hours of the ABF becoming
aware of such changes;
(e) to notify promptly the AOC
and the ASC of any circumstances
which may be or are an infraction of this policy and / or the anti-doping policies of the AOC and the ASC including:
i. the name of any Athlete
who returns a Positive Test Result and
details of that result;
ii. the name of any person who the ABF or any of its Officers knows
or reasonably suspects of having committed an infraction of this policy or the
Anti-Doping Policy of the AOC and all
relevant circumstances of that possible infraction; and
iii. the address of the Athlete
or person concerned which is last known by the ABF;
(f) upon request to promptly provide to the AOC and the ASC such
information and assistance as the AOC and
the ASC may request concerning any alleged
infraction of their anti-doping policies or this policy or any practice
concerning the use of drugs in sport;
and
(g) to provide the AOC
and the ASC with the opportunity to
attend as an observer at any prosecution, and a report concerning the ABF’s prosecution of any Doping Offence hearing.
4. TESTING
4.1 Testing of Athletes must be conducted by an Agency.
(a) substantially in conformity with the requirements of the IBF;
(b) if the IBF does not
prescribe any such requirements or during the Olympic Games, then substantially
in conformity with the Medical Code; or
(c) in the case of ASDA conducting
government funded tests pursuant to the Act,
in conformity with the Act.
4.2 Minor irregularities, which cannot reasonably be considered
to have affected the results of otherwise valid tests, will have no effect on
such results. Minor irregularities do
not include the chain of custody of the Sample,
improper sealing of the container(s) in which the Sample is stored, failure to request the signature of the Athlete or failure to provide the Athlete with an opportunity to be
present or be represented at the opening and analysis of the ‘B’ Sample.
5. INFRACTIONS
5.1 The commission of a Doping
Offence is an infraction of this policy.
5.2 For the avoidance of doubt, it is expressly stated that
intention to use substances belonging to classes of pharmacological agents
prohibited under this policy is not relevant in determining whether Doping has occurred.
6. ADVICE
OF ALLEGED INFRACTION
Where the ABF has requested an Agency to
conduct Testing of Athletes, the Agency requested will notify:
(a) the Anti-Doping Control
Officer;
(b) the AOC Secretary-General
(subject to any law to the contrary);
and
(c) the Executive Director of the ASC (subject to any law to the contrary);
of the names and results of Athletes who return a Positive Test Result or who fail to
comply with the requirement to provide a Sample
for Testing.
7. INFRACTION
NOTICE
7.1 As soon as possible after the Anti-Doping Control Officer has received notification or they
believe on other grounds that a person may have committed a Doping Offence, they will give to the
person an infraction notice, together with a copy of this policy.
7.2 The infraction notice to be given under clause 7.1 may be
given by the AOC Secretary-General on
behalf of the Anti-Doping Control Officer. Where the AOC Secretary-General gives the infraction notice, they may do so
jointly with any infraction notice under the Anti-Doping Policy of the AOC.
Should the AOC Secretary-General give
the infraction notice on behalf of the Anti-Doping
Control Officer, then references in the remainder of this clause 7 and in
clause 11 to the “Anti-Doping Control
Officer” will be read as if they were references to the “AOC Secretary-General”.
7.3 The infraction notice given pursuant to clause 7.1 must:
(1) be in writing and be delivered to the person’s address as
last known to the ABF;
(2) set out the nature and particulars of the alleged Doping Offence;
(3) set out the sanction that may be imposed under this policy
should the Doping Offence be
established or deemed to be established;
and
(4) state that:
(a) the person may, by notice in writing to be received by the Anti-Doping Control Officer within 14
days of the date of the infraction notice, require the ABF to refer the matter to the CAS
for a hearing;
(b) in the absence of such notice to the Anti-Doping Control Officer, the person will be deemed to have
committed the Doping Offence and will
be subject to sanction in accordance with clause 8; or
(c) the person may admit the Doping
Offence.
7.4 In the event that the person notifies the Anti-Doping Control Officer that they
require a hearing pursuant to clause 7.3(4)(a), the Anti-Doping Control Officer must so refer the matter to the Oceania
Registry of the CAS for a hearing to
be conducted pursuant to clause 9.
7.5 In the event that the person who has been sent an infraction
notice pursuant to clause 7.3:
(1) does not notify the Anti-Doping
Control Officer within 14 days of the date of the infraction notice that
they require the ABF to refer the
matter to the CAS for hearing; or
(2) notifies the Anti-Doping
Control Officer that they committed the Doping
Offence;
the person will be deemed to have committed the Doping Offence and the relevant sanction
pursuant to clauses 8.1 and 8.2 will be automatically applied including the
repayment of all grants paid to the Athlete
by the ABF.
Where a discretion as to sanction is involved, or where
the Anti-Doping Control Officer is of
the view that an increased sanction under clause 8.3 ought be imposed, then the
ABF will refer the matter solely on
the question of the applicable sanction to the Oceania Registry of the CAS for a hearing to be conducted
pursuant to clause 9.
7.6 Where a person is deemed to have committed a Doping Offence under clause 7.5, the Anti-Doping Control Officer will inform
the person by notice in writing of the recording of the Doping Offence and the sanction imposed.
7.7 A person who receives notification pursuant to clause 7.6 may
apply to CAS to have the recording of
the Doping Offence and the sanction
imposed set aside. As a preliminary
issue to any hearing, the person must first establish to the satisfaction of CAS that he or she was unaware of the
infraction notice sent to him or her or the contents thereof and, as result,
did not request the matter be referred to the CAS for a hearing. Should CAS be so satisfied, CAS will then proceed to hear the matter
as if the person had requested it be referred to it for hearing.
8. SANCTIONS
8.1 An Athlete who is
found to have returned a Positive Test
Result for Doping will:
(1) unless otherwise determined by the CAS, be required to repay to the ABF all funding and grants received from the ABF since the earlier of the implementation of this policy or the
occurrence of the Doping Offence;
(2) have all games, titles, points, prizes or medals won by the Athlete and their team from the date of
the infraction notice forfeited. The ABF Office Bearers may also forfeit all
games, titles, points, prizes or medals won by the Athlete and their team from the date of the provision of the Sample, including any games played on
that day; and
(3) be disqualified for that competition where the Testing was in competition;
and will be:
(a) ineligible for membership of, or selection by the ABF in, any Australian representative
team;
(b) banned from competing in any events and competitions
conducted by or under the auspices of the ABF;
(c) ineligible to receive, directly or indirectly, funding or
assistance from the ABF; and
(d) ineligible to hold any position with the ABF;
for the applicable period described in clause 8.2 and
may be required to undergo counselling.
8.2 The applicable period for paragraphs (a) – (d) of clause 8.1
are:
(1) for a first infraction other than in the cases provided in
paragraph (2) – suspension for two years;
(2) for a first infraction in cases of a Positive Test Result for ephedrine, phenylpropanolamine,
pseudoephedrine, caffeine, strychnine and related compounds – suspension for a
maximum period of three months;
(3) for a subsequent infraction other than in the cases provided
in paragraph (4) – suspension for his or her lifetime;
(4) for a second infraction in cases of a Positive Test Result for ephedrine, phenylpropanolamine,
pseudoephedrine, caffeine, strychnine and related compound – suspension for two
years; and
(5) for a subsequent infraction in cases of a Positive Test Result for ephedrine,
phenylpropanolamine, pseudoephedrine, caffeine, strychnine and related compound
– suspension for his or her lifetime.
8.3 Where an Athlete or
person is found to have committed a Doping
Offence other than a Positive Test
Result, they will be subject to at least the same penalties as described in
clauses 8.1 and 8.2, provided that such penalties are a minimum only and may be
increased according to the circumstances and culpability involved.
8.4 The above sanctions may be applied to a person regardless of
any sanction or penalty, its duration or timing or whether current or past,
imposed by any Responsible Authority provided
that:
(1) in accordance with clause 12, the ABF and CAS will
recognise previous sanction imposed by any Responsible
Authority to determine whether the infraction is a first or second offence,
provided that the event which resulted in the sanction imposed by the Responsible Authority would be an
infraction of this policy if this policy had applied to that event; and
(2) in the event that a Responsible
Authority has imposed a heavier sanction than that imposed pursuant to
clauses 8.1 and 8.2, the CAS may
impose the same sanction imposed by that Responsible
Authority.
8.5 Where the rules of the IBA
provide for a lesser sanction in respect of a Positive Test Result for alcohol, cannabinoids, local anaesthetics,
corticosteroids or beta blockers, then that same sanction will be substituted
for the sanctions described in clauses 8.1 and 8.2.
8.6 Notwithstanding clauses 8.1 – 8.5, the CAS has an overriding ability under clause 9.5 to reduce the
sanction imposed in respect of a Positive
Test Result.
8.7 At the end of the suspension period, the Athlete will be permitted to compete again provided they submit to
a request for Testing, and the
results for those tests are negative.
9. CAS HEARING
9.1 A hearing under this clause 9 will be conducted pursuant to
the Code of Sports-related Arbitration.
All parties to any such hearing may appear in person (or if a body
corporate to be represented by any of its officers) or to be represented by
their legal representative.
9.2 Where the alleged Doping
Offence arises out of a Positive Test
Result, the CAS may only
determine that a Doping Offence has
not occurred if the Athlete establishes
on the balance of probabilities that:
(1) the Sampling or Testing
procedure was not conducted in accordance with this policy;
(2) the Samples which
led to the Positive Test Result were
not those of the Athlete; or
(3) the Samples which
led to the Positive Test Results were
contaminated as to affect the result of the test;
or any combination of these factors.
9.3 In all other instances of alleged Doping Offences the ABF
bears the onus of establishing on the balance of probabilities that the Doping Offence has been committed.
9.4 Subject to clauses 9.5 and 9.6, if the CAS determines that a person has committed a Doping Offence as detailed in the infraction notice, it will impose
on the person the relevant sanction pursuant to clause 8 and determine whether
the person ought repay all or part of all grants paid to them by the ABF.
9.5 In any hearing of the kind referred to in clause 9.2, the CAS may reduce the sanction (but not
overturn the Doping Offence) only if
the Athlete establishes on the
balance of probabilities that extenuating circumstances exist and that as a
result of those extenuating circumstances the sanction should be reduced.
For the purposes of this clause, “extenuating
circumstances” means circumstances where the Athlete:
(1) did not know or suspect that the relevant substance was
prohibited and had no reasonable grounds to know or suspect the substance was
prohibited; or
(2) did not know that they had taken or been administered the
relevant substance, provided they had acted reasonably in all the relevant
circumstances.
9.6 The CAS may impose
a sanction greater than specified in clause 8.3 if it is satisfied on the
balance of probabilities that it is appropriate to do so in all the
circumstances (including the need to fight against the use of drugs in sport
and for the ABF to lead that fight by
example).
9.7 In any hearing by CAS:
(a) CAS will decide
according to the laws applicable in New South Wales;
(b) the ABF will bear
the costs of CAS but each party will
bear their own costs of the hearing;
(c) the decision and award of CAS will not be confidential and the provisions of R43 of the Code
of Sports-related Arbitration regarding confidentiality will not apply; and
(d) the CAS award will
be made public, except in exceptional cases at the direction of CAS.
10. APPEALS
FROM DECISIONS OF THE CAS
10.1 A person (including the ABF)
aggrieved of a decision of the CAS under
this policy may appeal that decision to the CAS. An appeal may be against the finding that a Doping Offence has occurred, the
sanction imposed or both.
10.2 Any appeal from a decision of the CAS must be solely and exclusively resolved by the CAS.
The decision of the CAS will
be final and binding on the parties to the appeal and no person (including the ABF) may institute or maintain
proceedings in any court or tribunal other than the CAS.
10.3 An appeal will be a rehearing of the matters appealed against
and the provisions of clause 9 will apply, mutatis mutandis, to any appeal to
the CAS.
11. NOTIFICATION
11.1 Upon the imposition of a sanction under clauses 7.5 or 9, the Anti-Doping Control Officer will send
details of the Doping Offence and the
sanction imposed to:
(1) the IBA;
(2) the AOC;
(3) the Agency(ies)
(if any) concerned in the incident;
(4) ASC; and
(5) any other person or organisation the Anti-Doping Control Officer believes should be informed.
11.2 If on appeal the CAS overturns
the finding that a Doping Offence has
occurred or alters the sanction imposed, the Anti-Doping Control Officer will advise the decision to all those
persons notified of the initial imposition of the sanction pursuant to clause
11.1.
12. RECOGNITION
OF OTHER DECISIONS
12.1 The ABF will
recognise any finding and sanction of a Responsible
Authority that a person has committed an infraction of the anti-doping
policy of that Responsible Authority,
provided that infraction of the anti-doping policy would also have been an
infraction of this policy.
12.2 Where clause 12.1 applies, the provisions of this policy will
apply to that infraction.
13. DISPUTES
Any dispute regarding the construction and / or
application of this policy must be solely and exclusively resolved by the CAS according
to the Code of Sports-related Arbitration.
The decision of the CAS will
be final and binding on the parties concerned and no Athlete or person may institute or maintain proceedings in any
court or tribunal other than the CAS.
14. REVIEW
OF DOPING OFFENCE
If a person recorded as having committed a Doping Offence is subsequently found not
to have committed that Doping Offence or
is otherwise cleared or pardoned of any relevant wrongdoing by:
(1) the CAS; or
(2) the IBA or the IOC;
the ABF will
overturn the Doping Offence and any
sanction that had been imposed as a result of that Doping Offence and the Anti-Doping
Control Officer will advise this fact to those persons notified of the Doping Offence pursuant to clause 11.1.
15. RETIREMENT
15.1 An Athlete who wishes
to retire from competition must give the ABF
notice in writing. This notice will
not excuse the Athlete from having to
give a Sample for Testing where prior notification has
been given to the Athlete, nor will
it serve to negate the results of the Testing
of any Sample already given or
the results of such Testing.
15.2 Subject to clause 15.3, upon giving a notice under clause 15.1,
the Athlete will thereafter be
ineligible to compete for a minimum of 2 years from the date of receipt of the
retirement notice by the ABF.
15.3 At any time beginning 1 year after the retirement date the Athlete may seek reinstatement by
written request to the ABF, at which
time the Athlete will again be
subject to the provisions of this policy.
Reinstatement will not be automatic and the Anti-Doping Control Officer may require the Athlete to provide a Sample for
Testing prior to any decision being
made by the ABF as to the Athlete’s reinstatement. If the ABF
reinstates the Athlete, then
during the ensuing 6 months from the reinstatement the Athlete will be eligible to compete in domestic competitions only
and may be subject to further Testing
at the discretion of the Anti-Doping
Control Officer.
15.4 CAS may authorise an Athlete to be reinstated or to compete
in international competitions before the expiry of the relevant time periods
described in clause 15.3, upon the Athlete
demonstrating that his or her retirement was not motivated in any way by an
attempt to avoid Testing.
16. REVIEW
OF SANCTION
16.1 Where a person to which a sanction has been applied under this
policy in respect of a Doping Offence
(including any preceding the ABF
anti-doping policy) has new and relevant information concerning the subject Doping Offence, they or it may make
written application to the Anti-Doping
Control Officer setting out the grounds for a possible review of that
sanction.
16.2 The Anti-Doping Control
Officer will consider the application and:
(1) after first consulting with any other Sporting Organisation
which has a current sanction over the person;
and
(2) with the prior approval of the AOC Secretary-General and the Executive Director of the ASC;
determine whether to review any sanction imposed under
this policy and may alter a sanction imposed previously including a reduction
or withdrawal of the sanction.
16.3 The Anti-Doping Control
Officer will not alter any sanction under clause 16.2 without the prior
approval of the AOC Secretary-General
and the Executive Director of the ASC.
16.4 In the event of any alteration to a sanction by the ABF pursuant to this clause 16, the Anti-Doping Control Officer will
promptly notify the person concerned as well as those persons who received
notification from them of the Doping
Offence and sanction.
17. CONFIDENTIALITY
17.1 Subject to the required notification to the AOC and the ASC pursuant to clause 3.5, the ABF
and any person given an infraction notice under this policy will maintain
the confidentiality of:
(1) the fact that an infraction notice has been issued;
(2) the circumstances which are alleged to constitute a Doping Offence; and
(3) the hearing before the CAS
in accordance with the Code of Sports-related Arbitration.
17.2 This obligation will not apply to the ABF in the event that the person alleged to have committed the Doping Offence breaches their
obligations under this clause, or where the matter is otherwise in the public
domain.
17.3 This clause will not apply to notification pursuant to clause
11.
Adopted as a By-Law of the ABF – 2000.