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CISM regulations volume 2, Policy Manual, Edition June 2001
Chapter IV ANTI DOPING REGULATIONS
Article 4.1.
INTRODUCTION
A. Doping and anti-doping measures are constant concerns for international sports agencies, national governments and inter-governmental institutions. In accordance with the IOC’s anti-doping code, doping consists of : 1. the use of an expedient (substance or method) which is potentially harmful to athletes’ health and/or capable of enhancing their performance, or 2. the presence in the athlete’s body of a Prohibited Substance or evidence of the use thereof or evidence of the use of a Prohibited Method. Practically all the anti-doping regulations of the international sports federations refer to the list of banned substances and methods published and regularly up-dated by the IOC’s Medical Commission. Consequently and unless otherwise specifified in the anti-doping regulations of the sport concerned, the IOC’s last list will act as a reference document. The most recent list is available at the CISM General Secretariat in Brussels. The aims of the anti-doping tests are based on three fundamental principles : 1. the preservation and the defense of sport from an ethical standpoint, 2. the protection and the physical and psychological integrity of athletes, 3. the upholding of equal opportunities for each and every competitor. Article 4.2.
REFERENCES
A. the anti-doping regulation of the Olympic movement, B. anti-doping regulations of each international federation concerning a specific sport D. Sports Regulations of each discipline. Article 4.3.
CISM POLICY
A. For practical reasons, CISM will only carry out anti-doping tests on the occasion of major competitions. Doping controls shall be carried out at least during all World Games and world championships. Unexpected tests outside the competition shall not be done. B. Nonetheless, member nations are strongly encouraged to carry out such tests in their own 1. the relevant international federation’s regulations, 2. the IOC’s medical code, the IOC’s anti-doping code, and the CISM regulations for sports not depending on civil International Federations. D. Any dispensations set by the Anti-Doping Commission of the event will be permitted (especially the number of tests) according to the possibilities of the organizing nation. Article 4.4.
RESPONSIBILITIES
A. The highest responsibility of CISM's anti-doping campaign is the Commission for Sport Medicine. This commission works in close collaboration with the Commission for Sport and especially with Presidents Technical Committees. B. At each tested event, as soon as an organizing committee is created, an Anti-Doping Commission is appointed and is responsible for the organization and proper conduct of tests during the championship. C. After the closing ceremony of the championship, the CISM Discipline Commission deals with drug-related problems. The Discipline Commission decides on sanctions Article 4.5.
TESTING AUTHORITIES
A. The organizer provides information on anti-doping tests (local means, choice of laboratory, etc.) with the application form. B. During each championship, an Anti-Doping Commission is established as follows: 1. the Official CISM Representative who acts as President, 2. the relevant President Technical Committee, 3. a representative of the organizing committee of the championship who may be seconded by the doctor responsible for the tests. C. The tasks of the organizer and the Anti-Doping Commission are described in the checklist D. The CISM Official Representative is responsible for ensuring that the CISM anti-doping regulations are followed at each championship. E. Once the championship is over, the President of the Anti-Doping Commission submits all pending cases through the General Secretariat to the CISM Discipline Commission for decision. Article 4.6.
A. All CISM World Games and world championships shall be controlled by anti-doping B. Considering the criteria particular to each championship (individual or team events, the place of the championship, means, etc.), the Anti-Doping Commission determines the number of tests to be carried out, taking into account CISM regulations and which athletes to test. C. The organizing committee determines the laboratory to be used. D. A world record or a CISM record is recognized only if an anti-doping test has been carried E. The organizers cover the cost of these anti-doping activities. In case of problems concerning the financing of these tests, the organizers may request assistance from the General Secretariat in Brussels. Article 4.7.
A. Special teams provided by the organizer are charged with taking samples. B. The sampling procedure is undertaken in accordance with the IOC's regulations (IOC’s anti-doping code), or those of the relevant International Federation, or by the anti-doping organizer of the nation organizing the event. The Championship’s Anti-Doping Commission decides on the regulations adopted and all participants are informed at the beginning of the championship. C. All documents (notifications, statements/minutes) used during test procedures shall be in D. Any athlete who refuses to give a sample is considered as a positive case. A report of this refusal shall be raised and signed by the members of the Anti-Doping Commission and the athlete's Chief of Mission. E. During the sampling procedure, the athlete may be accompanied by an escort from his own country’s mission and may be accompanied by an interpreter if necessary. F. The use of some substances and measures is submitted to restriction (antiasthmatic, injections, etc., see IOC or IF regulations). When an athlete uses such a product/measure, he shall spontaneously present a medical certificate justifying this utilization to the Anti-Doping Commission independently of the fact he is requested for an anti-doping test or not. Any other medication shall be declared on the appropriate form before the samples are taken. Article 4.8.
TESTING LABORATORIES
A. All anticipated anti-doping tests shall be carried out in a laboratory accredited to the IOC. The IOC's medical commission regularly publishes a list of these recognized laboratories. The most recent list is available at the General Secretariat in Brussels. B. The samples will be forwarded to the accredited laboratory chosen by the organizer. The analysis will be carried out in a manner that the results will preferably be available before the end of the championship. Article 4.9.
INTERPRETATION OF RESULTS
A. In the event of a negative result of the first analysis (test A), no further action is necessary. B. In the event of a positive result of the first analysis (test A) : If possible, the laboratory informs the President of the Anti-Doping Commission if the championship is still taking place. The latter, in turn, informs the incriminated athlete's head of mission in writing. Within 24 hours after notification, the athlete may ask his Chief of Mission or Chief of Delegation for a second assessment (test B). If the athlete does not wish a second assessment to be carried out, he is considered a positive case. B. At the end of a championship all copies of the Doping-Control Official Records shall be sent immediately – by registered mail and marked “confidential” - to the General Secretariat. C. After the championship, the laboratory informs the member of the organization of the Anti-Doping Commission. He immediately sends the results - by registered mail and marked “confidential” - to the General Secretariat who informs the Chief of Delegation of the athlete concerned. Within 7 days of this notification, the athlete may ask his Chief of Delegation for a second assessment. If the athlete does not wish a second assessment to be carried out, he is considered a positive case. F. The second assessment is carried out in the same laboratory but by a different technical team. The athlete, one of his representatives or a representative of the athlete's delegation may be present during the second assessment, at his own cost. G. The results are sent to the CISM Secretary General in Brussels. H. If the second assessment also indicates a positive result, the athlete's delegation shall Article 4.10.
SANCTIONS
A. If an A test turns out positive, the case is dealt in accordance with the relevant B. If such regulations are non-existent and if the athlete still has to participate in other events, he is immediately suspended, regardless of eventual subsequent sanctions. C. The sanctions proposed by the CISM Discipline Commission will be based on those envisaged for identical situations by the IOC and will be also applicable to non-Olympic sports. D. In a case of doping, the penalties for a first offence are as follows : 1. if the Prohibited Substance used is ephedrine, phenylpropanolamine, pseudoephedrine, caffeine, strychnine or related substances : a ban on participation in one or several sports competitions in any capacity whatsoever, suspension from any competition for a period of one to six months, 2. if the Prohibited Substance used is one other than those referred under point 1. above : a ban on participation in one or several sports competitions in any capacity whatsoever, suspension from any competition for a minimum period of two years. However, based on specific, exceptional circumstances to be evaluated in the first instance by the competent International Federation bodies, there may be a provision for a possible modification of the two-year sanction. 3. maneuvers or manipulation that may prevent or distort any test contemplated in 4. refusal to undergo any test contemplated in this regulation, 5. doping for which responsibility is imputable to an official or the athlete’s 6. complicity or other forms of involvement in an act of doping by members of a medical, pharmaceutical or related profession, if the Prohibited Substance used is ephedrine, phenylpropanolamine, pseudo-ephedrine, caffeine or strychnine and related substances : - a ban on participation in one or several sports competitions in any - a fine of up to USD 100,000, - suspension from any competition for a period of two to eight years, if the Prohibited Substance used is one other than those referred to in letter a. above or if it is a repeat offence (a repeat offence being constituted by a further case of doping perpetrated within a period of ten years after the preceding sanction, whatever form it took and whatever the reason for it, became final) : - life ban on participation in any sports event in any capacity whatsoever, - a fine of up to USD 1,000,000, - suspension (between four years and life) from all sports competition. In the case of sanctions taken, the athlete's International Federation and the IOC will be informed. Finally, the results of tests and sanctions will be published in one of CISM's publications. For team events, if test A of one of the athletes proves positive, measures will be taken according to the regulations of the relevant International Federation. In the absence of any regulations, the team will be disqualified. However, if the team is to compete further, it may do so without the suspended athlete. All military or civil staff participating in activities of CISM found guilty of inducing the use of banned substances or those who refuse to be tested, incur the same sanctions as the athletes. Article 4.11.
POSITIVE CASE - PROCEDURE
a situation in which the athlete has refused to give a sample, a situation in which the results of the first analysis (Test A) prove positive and the athlete does not demand a second assessment, or when the second assessment (Test B) also proves positive. Before an eventual final sanction is determined, all athletes declared positive have the right to be heard by the CISM Discipline Commission at the General Secretariat in Brussels. Petitions for these hearings shall be submitted to the CISM Discipline Commission, through the General Secretariat in Brussels, by the athlete's chief of delegation within 30 days of receipt of the results of the second assessment by the athlete and his delegation. Sanctions will be implemented if the athlete does not demand a hearing or if he does not appear before the CISM Discipline Commission. CISM Discipline Commission takes the sanction by default (in absentia). All testing procedure and the development of the results of the tests shall be covered by complete confidentiality until the President of the CISM Discipline Commission decides to inform the athlete's delegation, the relevant International Federation and the IOC. Only members of the CISM Discipline Commission may receive information on the investigation, but they are bound to absolute confidentiality. Article 4.12.
A decision made by the CISM Discipline Commission may be appealed before the CISM Appeal Commission (addressed to: General Secretariat in Brussels). That appeal shall be made within 21 days following the CISM Discipline Commission's final decision. A last right to appeal against the decision of the CISM Appeal Commission may be exercised by an appeal before the International Court of Arbitration for Sport (TAS) in Lausanne, Switzerland. That appeal shall be made within 21 days following the CISM Appeal Commission's final decision.

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