Strict Liability

What is it?
Strict liability in anti-doping means that athletes are responsible for any prohibited substance found in their bodily samples, such as urine or blood. This holds true regardless of whether the substance was taken intentionally, unintentionally, or without the athlete’s knowledge. An adverse analytical finding (AAF) indicates a doping violation under this principle.

Origins of Strict Liability
The principle of strict liability was first implemented by the International Olympic Committee (IOC) and is a cornerstone of the World Anti-Doping Code, which harmonizes anti-doping regulations across sports and countries. This principle has been upheld since before the establishment of the World Anti-Doping Agency (WADA) in 2004.

Flexibility in Sanctioning
While the detection of a prohibited substance constitutes an anti-doping rule violation (ADRV), the Code allows for flexibility in sanctioning. The severity of the sanctions can be adjusted based on the circumstances of the case and the athlete’s intention. This flexibility ensures that the sanctions are fair and proportional to the nature of the violation.

 Implementation and Practice
The strict liability rule is enforced through rigorous results management processes and is upheld by the Court of Arbitration for Sport (CAS) and the Swiss Federal Court. Athletes can potentially avoid or reduce sanctions if they can convincingly demonstrate how the substance entered their system and that they were not at fault or significantly at fault. However, the burden of proof lies with the athlete. In cases where the test was conducted during competition, the results from that competition are automatically invalidated to maintain fairness.

Updates to the Principle
The World Anti-Doping Code maintains the strict liability principle but allows for modifications in sanctions under specific criteria. This approach balances effective anti-doping enforcement to protect clean athletes and fairness in cases where the athlete is not at fault.

Responsibilities Under the Code
It is crucial for athletes and their support personnel to be well-informed about the Anti-Doping Rules, the Prohibited List, and risks associated with supplement use. Further details are available in the sections on Prohibited List, Medications & Supplements Section