RULES AND VIOLATIONS

Aruban Olympic Committee Anti-Doping Rules

These Anti-Doping Rules are adopted and implemented in accordance with Aruban Olympic Committee’s responsibilities under the Code, and in furtherance of Aruban Olympic Committee’s continuing efforts to eradicate doping in sport in Aruba.

As provided in the Code, the Aruban Olympic Committee shall be responsible for conducting all aspects of Doping Control. Any aspect of Doping Control or anti-doping Education may be delegated by Aruban Olympic Committee to a Delegated Third Party, however Aruban Olympic Committee shall require the Delegated Third Party to perform such aspects in compliance with the Code, International Standards, and these Anti-Doping Rules. Aruban Olympic Committee shall always remain fully responsible for ensuring that any delegated aspects are performed in compliance with the Code.

For the Aruban Olympic Committee Anti-Doping Rules click here

World Anti-Doping Code

The World Anti-Doping Code (Code) is the fundamental and universal document upon which the World Anti-Doping Program in sport is based.  The purposes of the Code and the World Anti-Doping Program which supports it are:

  • To protect the Athletes’ fundamental right to participate in doping-free sport and thus promote health, fairness and equality for Athletes worldwide, and
  • To ensure harmonized, coordinated and effective anti-doping programs at the international and national level with regard to the prevention of doping.

Click here for the World Anti-Doping Code.

International Standards

The Code is the core document that harmonizes anti-doping policies, rules and regulations within sport organizations and among public authorities around the world. It works in conjunction with the eight, mandatory, International Standards.

The International Standards for different technical and operational areas are developed in consultation with the Code Signatories and governments and approved by WADA.

The eight International Standards include:

 

Anti-Doping Rule Violations

Any one or more of the following Anti-Doping Rule Violations are considered doping. There are 11 potential anti-doping regulation infractions under the World Anti-Doping Code.

1. Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample

    1. It is the individual obligation of every athlete to make sure that their body is not exposed to any prohibited  substances. Any banned substance discovered in an athlete’s sample belongs to the athlete. (At this point, fault, purpose, and negligence are not really relevant.)
    2. Athletes have full responsibility for any substances found in their sample.
    3. The presence of a prohibited substance is enough to establish an anti-doping rule violation.

Read more in Code Article 2.1

2. Use or Attempted Use by an Athlete of a Prohibited Substance or Method

    1. Athletes have the personal duty to ensure that no prohibited substances or methods are used.
    2. To establish a violation of anti-doping rules, it is not necessary to prove the athlete had intent, fault, negligence, or was aware of the use.
    3. The success or failure of using or attempting to use a prohibited substance or method does not affect the violation status.
    4. Merely using or attempting to use a prohibited substance or method is sufficient for a doping rule violation to be considered committed.

For more information, visit Code Article 2.2.

  1. 3. Evading, Refusing, or Failing to Submit to Sample Collection by an Athlete
    1. avoiding sample collection or failing to comply with sample collection after being notified by a properly authorized person without a compelling explanation.

Visit Code Article 2.3 for more information.

4. Whereabouts Failures by an Athlete

    1. Any three missed tests plus/or filing errors, as specified by the International Standard for Results Management, by an athlete participating in a registered testing pool during a 12-month period.

Read Code Article 2.4

5. Tampering or Attempted Tampering with any Part of Doping Control by and Athlete or Other Person

      1. Sanctions may follow any effort to interfere in any manner with the Results Management procedure.
      2. The following are examples of tampering: purposefully undermining or seeking to undermine the authority of a doping control official, giving false information to an anti-doping agency, threatening or seeking to frighten a possible witness.

6. Possession of a Prohibited Substance or Method by an Athlete or Athlete Support Person

    1. Athlete possession rules:
      1. Athletes are prohibited from possessing any banned substances or methods in-competition.
      2. Out-of-competition, athletes are also prohibited from possessing any substance or method banned during that period.
      3. Athletes must demonstrate that any possession is justified by a Therapeutic Use Exemption (TUE) or another acceptable reason under Article 4.4 to avoid a violation.
    2. Athlete Support Persons
      1. Athlete support persons are prohibited from possessing any banned substances or methods in-competition.
      2. Out-of-competition, possession by athlete support persons is also restricted if related to an athlete, competition, or training.
      3. Similar to athletes, support persons must prove their possession aligns with a TUE granted to an athlete or provide another valid justification under Article 4.4.

Read more in Code Article 2.6

7. Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person.

      1. Involvement in the trafficking of prohibited substances or methods can result in sanctions for athletes, support personnel, and non-participants. Providing drugs to individuals who are not athletes is also included.

8. Administration or Attempted Administration by an Athlete or Other Person

    1. We have the authority to penalize an athlete, support person, or non-participant who uses or attempts to use any forbidden method or substance on an athlete. They won’t be able to participate in sports or interact with athletes because of this.
    2. An instance of a potential “Administration” anti-doping regulation infraction may be the following:
      1. distributes, oversees, encourages, or otherwise takes part in an athlete’s use of an illegal substance or technique.

9. Complicity or Attempted Complicity by an Athlete or Other Person

    1. assistance, encouragement, aiding, abetting, plotting, disguising, or any other kind of deliberate complicity or attempted complicity involving a breach of the anti-doping rule, an attempted breach of the anti-doping rule, or a breach of Article 10.14.1 by another Person.

For more information, visit Code Article 2.9.

10. Prohibited Association by an Athlete or Other Person

    1. Athletes and other persons under the authority of an Anti-Doping Organization are prohibited from associating in a professional or sport-related capacity with any Athlete Support Person who
          1. Is currently serving a period of ineligibility due to doping violations.
          2. Is not under anti-doping authority but has been found guilty in criminal, disciplinary, or professional proceedings of actions that would constitute a doping violation under the Code. Their disqualifying status lasts for the longer of six years from the decision or the duration of the sanction imposed.
          3. Acts as a front or intermediary for an individual described in the above points.
    2. To confirm a violation of Article 2.10, it must be established that the athlete or other person knew of the Athlete Support Person’s disqualifying status.

To learn more, read Code Article 2.10.

11. Acts by an athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities

    1.  It is forbidden to threaten or intimidate any person with the intent to discourage them from reporting in good faith any information related to a suspected anti-doping rule violation
    2. Retaliation against any person who has provided evidence or information in good faith regarding an alleged anti-doping violation or alleged non-compliance with the Code to WADA, an Anti-Doping Organization, law enforcement, regulatory or professional disciplinary body, hearing body, or person conducting an investigation for WADA or an Anti-Doping Organization is strictly prohibited.

Visit Code Article 2.11 for more information.

Consequences of Doping

Doping refers to the occurrence of one or more anti-doping rule violations as outlined in the World Anti-Doping Code. Engaging in doping practices not only breaches the rules but fundamentally contradicts the spirit of sport, which is rooted in fairness and integrity.

Doping can have severe repercussions across three primary areas: Physical and Mental Health, Social and Economic Effects, and Legal Sanctions. Each of these areas can be severely impacted by the use of prohibited substances or methods.

Physical and Mental Health Risks
The use of prohibited substances can lead to irreversible organ damage, stunted growth in adolescents, and increased risk of severe diseases and conditions like heart attacks, hypertension, and diabetes. Such substances can also adversely affect psychological well-being, causing conditions such as anxiety, depression, and more severe mental disorders like psychosis and obsessive disorders.

Some physiological and psychological side effects of anabolic steroids include liver damage and premature closure of the growth centers of long bones (in adolescents) which may result in stunted growth. Increased aggressiveness and sexual appetite, sometimes resulting in abnormal sexual and criminal behavior, often associated with depression, and in some cases, suicide. Selective Androgen Receptor Modulators may also cause organ failures.

Human growth hormones (HGH) can cause hypertension, heart attacks, thyroid problems, severe headaches, loss of vision, acromegaly (protruding or enlarged jaw, brow, skull, hands and feet), high blood pressure and heart failure, diabetes and tumors, crippling arthritis.

Blood doping can cause increased stress on the heart, blood clotting, strokes, heart attacks, pulmonary embolism. Stimulants can cause insomnia, anxiety, weight loss, dependence and addiction, dehydration, tremors, increased heart rate and blood pressure, increased risk of stroke, heart attack, and cardiac arrhythmia.

Social and Economic Consequences

  1. Loss of sponsorship deals.
  2. Loss of income especially from government.
  3. Athlete and/or teammates may be stripped of previous achievements.
  4. Damage to future career prospects.
  5. Isolation from peers and sport.
  6. Damaged relationships with friends and family.
  7. Effects on emotional and psychological well-being.
  8. Permanent damage to reputation from bad media publicity which can lead to public contempt.
  9. Loss of standing/ranking, respect and credibility.
  10. Pressure placed on athlete as well as persons close to athlete e.g. family members and support personnel.
  11. Reimbursement of prize moneys and of the sponsorship money.

Legal Sanctions
An Anti-Doping Rule Violation (ADRV) will have an impact on an Athlete’s ability to train and compete. For coaches and other Athlete Support Personnel (ASP), a ban may mean that they are no longer able to work with Athletes. A sanction resulting from an ADRV can range from a warning to a lifetime ban from all sports.
It is also important to note that individuals banned in the sport will also be prohibited from competing, coaching or working with athletes in any other capacity in a different sport.
Beyond the legal consequences, an increasing number of public authorities and governments have adopted legislations that treat doping as a criminal act. Consequently, in addition to being ineligible to coach or compete, they may face criminal charges in your country. Depending on the National legislation and the degree of the violation, charges can lead to fines, social service requirements and even incarceration.

Importance of Clean Sport
The strict regulations and severe consequences of doping underline the importance of adhering to clean sport principles. Athletes and support personnel must be well-versed in anti-doping rules, the risks associated with supplement use and the contents of the Prohibited List, Medications & Supplements Section to avoid the pitfalls of doping violations.

Results Management

The Aruban Olympic Committee (COMITE OLIMPICO ARUBANO), in compliance with the World Anti-Doping Code and the International Standard for Results Management, and in line with Article 8.1.1.1 of its Anti-Doping Rules, has appointed the Continental Results Management Panel for the Americas (CRMP) to adjudicate matters pursuant to the Aruban Olympic Committee’s anti-doping rules and thus ensure the right to a fair hearing by an operationally independent panel for first instance hearings. The Panel is comprised as follows:

PANEL MEMBER COUNTRY
Kenneth Muñoz Ureña Costa Rica
Jorge Gustavo Rehwoldt Castañeda Guatemala
Alejandra Gòmez Ugarte Nicaragua
Manuel Berardo Díaz Bultrón Panama
Arecely Sáenz Ospino Panama
Jaliya Retamozo Escobar (CHAIRPERSON) Peru
Malgorzata Judkiewicz-Garvan Peru
Kurlyn D.V. Merchant St. Kitts and Nevis
J. Tyron Marcus Trinidad and Tobago
Stefan A. Fabien Trinidad and Tobago

 

To view the CRMP Americas procedural rules, click here

Appeals Panel
Kindly note that Sport Resolutions will be the Appeals Panel for related matters.
To view Sport Resolutions procedural rules, click here 

Anti-Doping Rule Violations
As stipulated under Article 2 of the Results Management, Hearings and Decisions Guidelines Anti-Doping Organizations (ADOs) are required by Code Article 20 to vigorously pursue all potential Anti-Doping rule violations (ADRVs) within their jurisdiction.
When a case arises, the first issue to address is therefore jurisdiction, i.e. which ADO has Results Management Authority (RMA) for a case. International Federations (IFs) and National Anti-Doping Organizations (NADOs) bear primary responsibility for Results Management. In certain situations, other parties also have Results Management-related responsibilities, e.g. Major Event Organizations (MEOs) and Regional Anti-Doping Organizations (RADOs).
WADA shall monitor compliance with the Code, i.e. whether ADOs conduct Results Management and hearings in a Code-compliant manner. WADA shall ensure that the mandatory provisions of the Code are duly implemented and respected, that cases are dealt with in a timely fashion to protect the rights of both the Anti-Doping Community and the Athletes. WADA has the right to appeal any decision if it believes that it is not compliant with the Code. This is essential in ensuring a harmonized application of the rules.

Responsible ADO
For Adverse Analytical Findings (AAFs), the RMA is the ADO that initiated and directed the Sample Collection Session, namely the Testing Authority by default, unless another ADO has been specifically identified. For Non-Analytical violations, the RMA will be the ADO which Athlete or other Person first provides notice to an Athlete or other Person of an asserted ADRV.

WADA-conducted Testing
If a test is conducted by WADA on its own initiative or an ADRV is discovered by WADA, the RMA will be the ADO designated by WADA.

Major Events
For AAFs arising from Major Events Organizer (MEO) tests or other ADRVs discovered at MEO Events, MEOs shall have primary responsibility for conducting the Results Management and hearing processes for the purpose of determining whether or not the Athlete has committed an ADRV.

Timeliness
In the interest of fair, effective sport justice, any asserted ADRV should be prosecuted in a timely manner. Irrespective of the type of ADRV involved, any ADO should be able to conclude Results Management and the hearing process within a maximum of 6 months of the date of commission or of discovery of the ADRV.
If an ADO fails to render a decision within a reasonable deadline set by WADA, the Agency may elect to bring the case directly before the CAS. The CAS may decide that the costs of the proceedings and WADA’s attorney fees shall be paid by the RMA (Code Article 13.3).

Statute of Limitations
No ADRV proceedings can commence against an Athlete or other Person unless he/she was notified within 10 years from the date the ADRV is asserted to have occurred (Code Article 17). If there is any doubt that the violation was committed within the 10-year period, the RMA should take reasonable steps to determine that the ADRV does fall within the limitation period before taking action. 3.3

Confidentiality
The Results Management phase is confidential. ADOs are encouraged to strictly limit access to, and disclosure of, information collected or processed during this phase solely on a need-to-know basis. Premature breaches of confidentiality could have serious consequences6 and result in significant legal claims being made by the Person(s) affected.
Reporting of A Sample results by the Laboratory
All AAFs shall be reported by the Laboratory via ADAMS within 10 working days of the Sample’s receipt by the Testing Authority, the relevant IF and WADA.

Adjudication Process:

    1. Initial review (Code Article 7.2)
      Upon receipt of an AAF, the RMA conducts an initial review before notifying the Athlete, as per Code Articles 7.3, 14.1.1 and 14.1.3.
      The RMA shall ascertain whether a TUE exists in relation to the Prohibited Substance that has been detected in the Athlete’s Sample. If it appears that the TUE is valid and any terms have been complied with, the RMA will notify relevant parties that no further action will follow (Code Article 14.1.4).
    2. Notification if the case is not brought forward after the initial review. Or Athlete notification after the initial review and notification of the asserted ADRV (charge).
    3. B Sample analysis 3.4.4.1
      Both the Athlete and the RMA have the possibility to request the B Sample analysis (Code Article 7.3).
    4. Review Findings and/or Violations. Findings of Violations are reviewed.
    5. Notification after review.
      Based on the results of its investigation, if an ADO concludes that proceedings should be brought against an Athlete or other Person asserting the commission of an ADRV, it gives notice of that decision in accordance with Code Article 14.1
    6. Provisional Suspensions / Mandatory Provisional Suspension/ Voluntary Suspension.
      Measure imposed by a RMA upon an Athlete or Athlete Support Personnel after that Person has been notified or charged with an ADRV supported by sound, reliable evidence.
    7. The Hearing/ Waiver of hearing/ Single CAS hearing.
      Any Athlete or other Person who has been formally charged with an ADRV is entitled to a fair, impartial and timely hearing (Code Article 8).If there is no dispute between an ADO and an Athlete or Athlete Support Personnel as regards an ADRV charge. The Athlete or Athlete Support Personnel may admit the wrongdoing and accept the ADO’s case regarding the Consequences to be imposed. In such situations, there is no need for a hearing to be conducted no dispute to resolve.Code Article 8.5 contains a provision that allows an ADO and an Athlete or Athlete Support Personnel to have an ADRV matter determined by the CAS at a single hearing. All parties to the case must agree to this, as well as the relevant IF and WADA.
    8. The Decision.
      The decision shall be rendered shortly after the hearing.
    9. Notification of decision. Once a decision has been taken by the hearing panel in charge of the case, the responsible ADO shall ensure that a complete and reasoned decision is notified to the parties with a right of appeal under Code Article 13.2.3 as provided in Code Article 14.2 on a timely basis.
    10. Publication of Sanction. A mandatory part of each sanction shall include automatic publication as provided in Code Article 14.3.
    11. Appeals
      The majority of decisions rendered under Code-compliant rules may be appealed (Code Article 13.1). Once an appeal has been lodged, the appealed decision remains in effect, unless the appeals body orders otherwise.
    12. Notification of appeals decisions.
      Appeals decisions shall be notified and publicly disclosed as described in the Guidelines Sections 5.2.4 and 5.2.5.
    13. Appeal to the CAS.
      The CAS is an arbitration body specialized in sport-related disputes and having its seat in Lausanne, Switzerland. The CAS is the last resort disciplinary body for doping–related matters under the Code.
Back to top button