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WADA LEGAL AFFAIRS - ENSURING JUSTICE FOR ATHLETES UNDER THE CODE
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- Published on Thursday, 06 August 2020 06:56
In this latest edition of 'Spotlight', which aims to inform stakeholders of the daily activities being carried out around the globe by the World Anti-Doping Agency (WADA) team and its partners, we look at the extensive work being carried out by the Agency's Legal Affairs Department as it reviews, strengthens and upholds the World Anti-Doping Code for all athletes of the world.
Behind every well-run organization of a certain size is a professional and diligent legal affairs department that upholds the ideals of justice and the rule of law. WADA is no different. The Agency's Legal Affairs Department – which is made up of nine experts from specialties such as litigation, privacy and data governance, contract law and corporate law – is involved in almost all of the organization's activities, ensuring that everything is carried out legally as WADA fulfills its mission for doping-free sport. From governance to compliance, from corporate legal questions to science, medical and investigations, Legal Affairs is at the heart of the organization, providing support and guidance.
Results Management
Legal Affairs' main activity is within the results management process of the Global Anti-Doping Program that WADA oversees and, every year, the Department compiles an Anti-Doping Rule Violation Report (ADRV) that the Agency publishes. The ADRV Report is a set of statistics that illustrates doping offences committed under the World Anti-Doping Code (Code) in global sport during the 12 months in question. It indicates how many ADRVs occurred, which nationalities and sports were involved, how many of them came from Adverse Analytical Findings and how many from 'evidence-based intelligence' non-analytical findings.
Legal Affairs reviews every single decision rendered by Signatories of the Code worldwide, and files appeals where appropriate to ensure harmonization in the sanctions and an equal treatment of all athletes, regardless of where they come from or what sport they play. The decision to appeal the decision of a Code Signatory is based on whether the decision in question conforms with the relevant applicable anti-doping rules and related case law and, ultimately, the Code itself.
As an example, in 2019:
- WADA reviewed 3,054 decisions rendered by Code Signatories
- 16 appeals were filed
- Six were upheld
- One was withdrawn
- Nine are still pending before the Court of Arbitration for Sport or relevant national appeals tribunal.
WADA Director of Legal Affairs, Julien Sieveking, said: "We do not take the decision to appeal or not to appeal lightly. Before doing so, we scrutinize the decision closely to see if it complies with the rules. The Code is there to ensure that there is consistency no matter the sport or the country – that is the whole point of the Code and why WADA was formed in the first place back in 1999. If we feel a decision is inconsistent with the Code, we do not hesitate in appealing, regardless of which Anti-Doping Organization or athlete is involved. The rules must be applied fairly and equally."
Under the Code, Legal Affairs is also responsible for dealing with other Results Management-based cases. These include retired athletes returning to competition, the application of mitigation when a suspended athlete provides substantial assistance, and what happens when an athlete admits to an ADRV. In addition, Legal Affairs assists Signatories in their Results Management activities by providing support and advice, which can amount to more than 2,000 Signatory queries per year.
2021 Code and International Standard Review
One of WADA's key strategic priorities – a mammoth and vital task that Legal Affairs has been leading in recent years – is the development and implementation of the 2021 Code and related International Standards (Standards).
In December 2017, WADA initiated the third Review Process of its kind since the first Code came into force in 2004. The Review Process consisted of three distinct consultation phases for the Code, two for the related Standards and one for the Athletes' Anti-Doping Rights Act (Act) – the latter that was developed by WADA's Athlete Committee in consultation with thousands of athletes and stakeholders worldwide. During this time, stakeholders and any other interested party had multiple opportunities to contribute and make recommendations on how to further strengthen the Global Anti-Doping Program. The Process concluded in November 2019 when the Code, Standards and the Act were approved during the World Conference on Doping in Sport, in Katowice, Poland for entry into force on 1 January 2021.
The Code is at the heart of WADA's mission. It is the core document that harmonizes anti-doping policies, rules and regulations within sporting organizations and among public authorities around the world. It is therefore key that this document remains fit-for-purpose in a fast-evolving field. WADA has managed to do this by reviewing the Code and adapting it to latest best practice around such matters as:
- Compliance
- Good governance
- Development of sample re-analysis strategies
- Service providers
- Whistleblowers.
The Code works in conjunction with six Standards that harmonize anti-doping practices among Anti-Doping Organizations in various areas:
- Testing
- Laboratories
- Therapeutic Use Exemptions (TUEs)
- The List of Prohibited Substances and Methods
- Protection of privacy and personal information
- Compliance.
In addition to these six Standards, two new Standards will enter into force in January 2021, namely the International Standard for Results Management and the International Standard for Education. It is necessary, every time the Code undergoes a revision, that the Standards follow the same path to ensure that they are consistent.
Legal Affairs coordinated the work of all the Code and Standards Review drafting teams, ensuring consistency and harmonization among the different documents and, crucially, a member of Legal Affairs was part of each drafting team.
Mr. Sieveking said: "It has been a huge task and an impressive WADA team work to bring this revision through the various consultation phases with the key help of international experts, managing to consider all the feedback we received from across the globe. With just a few months to go before implementation on 1 January 2021, we see the finish line approaching. Stakeholder feedback, including from athletes, has been overwhelmingly positive and we are confident that this revised set of rules will be beneficial to the entire anti-doping community and to sport as a whole."
The work of Legal Affairs does not stop here.
Litigation: The Department spends a significant amount of time involved in litigation. Last year alone, it ensured that the interests of WADA and the wider Clean Sport community were duly defended in 13 legal cases before State courts in France, Spain, Italy, Switzerland, Canada, the United States and the United Kingdom.
Compliance monitoring: Legal Affairs is also heavily involved in the compliance monitoring aspect of WADA's mission, with members of the Department participating in on-site audits of Code Signatories followed by the review of hundreds of corrective actions that arise from those, particularly as they pertain to results management and data protection.
Science and medicine: Legal Affairs manages WADA proceedings in relation to accredited laboratories for non-compliance with the International Standard for Laboratories and assists in cases where the WADA TUE Expert Group decides to overturn a decision rendered by a Signatory. The Department also provides expert advice to the Prohibited List Expert Group.
Agreements: Legal Affairs has a key role to play in the drafting and review of each and every agreement passed by WADA across all facets of the organization.
Intelligence and Investigations: Legal Affairs provides regular support to members of WADA's Intelligence and Investigations Department on any legal question they may face in the context of their investigation and is also responsible for reviewing the investigation and whistleblower policies that are in place.
Data protection: Legal leads WADA's privacy management program, ensuring the protection and appropriate treatment of personal information in WADA's anti-doping activities. This includes maintaining WADA's policies and procedures, training staff, responding to athlete questions, supporting and advising departments, and monitoring legal developments in privacy and data protection. Moreover, Legal creates educational content, guidelines, and templates to assist stakeholders in their implementation of the International Standard for the Protection of Privacy and Personal Information and provides them with direct support and advice.
In addition, Legal Affairs has been central in the development of WADA's new governance regulations, the revision of the Agency's Statutes, as well as a set of draft ethics rules that will be introduced in due course.
Ultimately, WADA's Legal Affairs Department are on the frontline, defending the global anti-doping system, protecting the Agency's interests and upholding the rights of athletes to compete on a level playing field wherever the Code is in force.
WADA PUBLISHES FINAL DESIGNED VERSION OF ATHLETES' ANTI-DOPING RIGHTS ACT
- Details
- Published on Friday, 19 June 2020 09:04
Montreal, 18 June 2020
Dear Colleagues,
The World Anti-Doping Agency (WADA) is pleased to publish, in English and French, the final designed version of the Athletes' Anti-Doping Rights Act (Act), which WADA's Athlete Committee developed over two and half years in consultation with thousands of athletes and stakeholders worldwide.
The purpose of the Act, which is based on the 2021 World Anti-Doping Code (Code) and its related International Standards that take effect on 1 January 2021, is to ensure that the rights of all athletes worldwide to participate in doping-free sport are clearly set out, accessible, and universally applicable. The document was approved by WADA's Executive Committee on 7 November 2019 during the World Conference on Doping in Sport in Katowice, Poland.
Developed by athletes, for athletes, the Act provides an outline of rights provided by the 2021 Code and International Standards in terms of equality of opportunity, fair testing programs, medical treatment, justice, accountability, education, data protection and more. It also makes recommendations around athletes' rights to be part of a system that is free from corruption, that they are appropriately represented in terms of governance and decision-making, and that they have a right to legal aid.
WADA Athlete Committee Chair Ben Sandford said: "We are incredibly grateful to all the athletes and other stakeholders who contributed to developing the Athletes' Anti-Doping Rights Act. It is vital that athletes and anti-doping organizations know what rights athletes have, how to access them, and where to go for remedy. We hope that the Act will become a valuable resource for athletes and contribute to making sport cleaner and fairer. We call upon the anti-doping community worldwide to support its implementation and its promise."
WADA President Witold Bańka, who is a former international-level 400m runner, said: "WADA is an athlete-centered organization and everything that we do is to protect athletes' right to access Clean Sport. I applaud the Athlete Committee's efforts in developing the Anti-Doping Rights Act, which helps ensure that athletes are aware of their rights and can exercise them, which is vital to the success of Clean Sport."
This Act is made up of two parts. Part one sets out rights that are found in the Code and International Standards. Part two sets out recommended athlete rights, which are not found in the Code or Standards but are rights that athletes recommend that anti-doping organizations adopt for best practice.
Best regards,
World Anti-Doping Agency
WADA PUBLISHES FINAL VERSIONS OF 2021 WORLD ANTI-DOPING CODE AND INTERNATIONAL STANDARDS IN ENGLISH AND FRENCH
- Details
- Published on Wednesday, 17 June 2020 16:58
Montreal, 16 June 2020
Dear Colleagues,
The World Anti-Doping Agency (WADA) is pleased to publish the final versions of the 2021 World Anti-Doping Code (Code) and International Standards (Standards), which will come into force on 1 January 2021. These final versions include limited changes from those that WADA published on 26 November 2019, which were the versions that were approved by the Agency's Foundation Board (Board) and Executive Committee (ExCo), respectively, on 7 November 2019, during the Agency's World Conference on Doping in Sport that was held in Katowice, Poland.
In the interest of full transparency, unless otherwise noted as an exception, the table below provides the following links for the Code and the relevant Standards:
- The final 2021 versions (in English and French, WADA's two official languages).
- Summary documents (in English only) outlining the limited changes that were made from the 26 November 2019 versions to the final versions being published today.
It is important to note that none of these limited changes affect in any way the sense, meaning or interpretation of the versions approved in Katowice. Rather, they were required to:
- adapt and align clauses to changes approved in other clauses;
- remove inconsistencies;
- correct references to other Code or International Standards articles; and
- make grammatical and formatting modifications.
- A redline version outlining all the changes from the current versions in force to the final versions being published today (in English and French).
|
Final 2021 Versions |
Summary documents outlining the limited changes from the 26 November 2019 versions to the final versions published today |
Redline version outlining all changes from the current versions in force to the final versions published today |
Exceptions |
|
International Standard for Code Compliance by Signatories (ISCCS) |
|||
|
N/A as is a new Standard |
|||
|
International Standard for Laboratories (ISL) |
N/A – see exception column |
N/A |
As communicated in November 2019, the ISL followed a different path than the other Standards. A revised version 10.0 of the ISL -- which was reviewed in order to reflect and incorporate relevant changes and to update the document in line with new technical, scientific and regulatory developments -- was approved by the ExCo in May 2019; and, became effective on 1 November 2019. Subsequently, a revised version 11.0 of the ISL was drafted to ensure consistency with the 2021 Code and the other Standards. The amended draft 11.0 was circulated for stakeholder consultation from 10 December 2019 to 4 March 2020. Further to stakeholder feedback, the final draft is being finalized and will be presented for ExCo approval in September 2020. |
|
International Standard for the Protection of Privacy and Personal Information (ISPPPI) |
N/A |
N/A |
On 2 June 2020, WADA launched a Limited Supplementary Stakeholder Consultation Phase, which closes on 30 June. Stakeholders have until 2 July 2020 to provide feedback; after which, the final version of the ISPPPI will be published. |
|
N/A as is a new Standard |
|||
|
International Standard for Testing and Investigations (ISTI) |
|||
|
International Standard for Therapeutic Use Exemptions (ISTUE) |
International Standard for the List of Prohibited Substances and Methods (Prohibited List)
As it relates to the Prohibited List, it is reviewed annually via a separate stakeholder process, which is underway.
Obtaining printed copies of the Code
In keeping with WADA's sustainability efforts, in recent years the Agency has minimized print in favor of making its publications available digitally. However, given the importance of the Code, which will live for a number of years and be used on a daily basis by the Agency's stakeholders, in the coming months, we will be:
- Mailing out a limited quantity of printed English or French copies to Code Signatories;
- Making English and French print-ready versions available on our website for stakeholders to print locally; and
- Putting a mechanism in place for stakeholders and others that may wish to purchase printed copies in English and/or French.
Code Implementation Support Program
In closing, WADA wishes to draw your attention once again to the Agency's Code Implementation Support Program (CISP), which went live on 4 May 2020. This program was developed to prepare Signatories for implementation of the Code and Standards that come into effect on 1 January 2021. The CISP includes:
- resources that are available via the Agency's Anti-Doping eLearning platform (ADeL); and
- a series of live webinars, hosted by WADA personnel and external experts, to support Code/Standard implementation efforts for targeted audiences and/or regions. The Agency is also hosting live webinars in place of some sessions that would have otherwise been delivered during the Agency's Annual Symposium, which was due to be held in March 2020 but was cancelled due to COVID-19.
Should you have questions or feedback regarding the Code and Standards, please contact ; or, questions or feedback related to the CISP, please contact .
Best regards,
World Anti-Doping Agency
Update of WAKO Calendar 2020 - 01.06.2020
- Details
- Published on Thursday, 28 May 2020 19:15
Note: Subject to continuous daily update due to the COVID-19 emergency
Dear WAKO members,
Please find here below attached the WAKO activity Calendar 2020 (updated at 01/06/2020).
Here below some of the main events that would take place during the year 2020 in the five continents:
WAKO Oceania Championship 2020 (postponed)
Canberra, Australia, (dates to be confirmed)
WAKO African Championship 2020 (K-1, FC, LK and Tatami Sports) (from July postponed to September 2020)
Pretoria, South Africa, September 2020 (dates to be confirmed)
WAKO Asian Championship 2020
South Korea, October 2020 (dates and place to be confirmed)
WAKO PanAmerican Championship 2020 (postponed)
Foz do Iguacu, Brasil, (dates to be confirmed)
WAKO Cadets & Juniors World Championships (All disciplines) (from August postponed to November 2020)
Belgrade, Serbia, from 13th to 22nd November 2020
WAKO Senior & Master European Championships (All disciplines) (from October postponed to December 2020)
Antalya, Turkey, from 5th to 13th December 2020
The 5th European Universities Games 2020 has been postponed to next year 2021 (official announcement from EUSA here below attached).
Following WAKO rules and regulations the eligibility for the participation to any WAKO event is reserved only to WAKO national Federation/Association members that have fulfilled all the obligations in that year (including payment of the annual affiliation fee to WAKO IF).
ATTENTION:
Due to the emergency of the pandemic situation caused worlwide by the COVID-19 please inform WAKO Administration of any cancellation occurred in order to keep the Calendar constantly updated of any change.
Highlighted in yellow on calendar the events that have been officially cancelled till now due to the COVID-19 emergency.
For advertising material (poster, invitation ecc.) about your event already present on Calendar to be published on WAKO website please send it to:
Please send the poster in high resolution and possibly both in vertical and horizontal format.
Thanks for cooperation,
best regards
WAKO Administration
Updated Wako Calendar - 01.06.2020
WADA publishes CISP ‘live’ webinar schedule for June
- Details
- Published on Thursday, 21 May 2020 20:08
Montreal, 20 May 2020
Dear Colleagues,
Further to the World Anti-Doping Agency's (WADA's) communication of 4 May, which announced the official launch of WADA's 2021 Code Implementation Support Program (CISP), the Agency is pleased to publish the following schedule for its series of 'live', English-only webinars, that will be held in June.
|
Date / Time |
Session Title |
Speakers |
Target audience |
Registration |
|
3 June |
The new International Standard for Education (ISE) and Guidelines |
Karri Dawson, Senior Director of Quality Sport at the Canadian Centre for Ethics in Sport; WADA Education Committee member; and, member of the ISE drafting team Tony Cunningham, Senior Manager, Education, WADA |
Anti-Doping Organizations |
|
|
10 June |
Risk Assessment and Test Distribution Plan |
Karine Henrie, Senior Manager, Standards and Harmonization, WADA Francesca Rossi, Director of the Testing Department, Agence française de lutte contre le dopage (AFLD) |
Anti-Doping Organizations |
|
|
22 June |
Therapeutic Use Exemptions (TUE): Core Principles and Changes to the 2021 International Standard for TUEs |
Alan Vernec, Medical Director, WADA David Healy, Manager, TUE, WADA Katia Alloun, Manager, TUE, WADA |
Anti-Doping Organizations |
We also take the opportunity below to remind stakeholders of the 'live', English-only webinars, which were previously announced and that are still to be held in May.
|
Date / Time |
Session Title |
Speakers |
Target audience |
Registration Link |
|
26 May |
The Most Impactful Changes to the 2021 World Anti-Doping Code |
Co-drafters of the Code: Ulrich Haas, Professor of Procedural and Private Law, University of Zurich Richard Young, Partner, Bryan Cave Leighton Paisner, LLP |
All stakeholders |
|
|
27 May |
The Athletes' Anti-Doping Rights Act – How can Anti-Doping Organizations support its Implementation and Promise |
Ben Sandford, Lawyer, Sandford and Partners; and, WADA Athlete Committee Chair Stuart Kemp, Deputy Chief Operating Officer, WADA |
All stakeholders |
WADA developed the CISP to help World Anti-Doping Code (Code) Signatories prepare for implementation of the 2021 Code and International Standards (Standards) that come into effect on 1 January 2021.
In addition to the CISP resources that are already available on WADA's Anti-Doping eLearning platform (ADeL), including 'pre-recorded' webinars, on a monthly basis, WADA is holding 'live' webinars, hosted by WADA personnel and external experts, to further support Code/Standard implementation efforts for targeted audiences and/or regions.
The Agency will also hold 'live' webinars in place of some of the sessions that would have otherwise been delivered during the Agency's Annual Symposium, which was due to be held in March 2020 but was cancelled due to COVID-19. This includes the webinar referenced above on the Athletes' Anti-Doping Rights Act; and, will include another one that updates stakeholders regarding the redevelopment of the Anti-Doping Administration and Management System (ADAMS).
To register for any or all of the above webinars, please simply click on the Registration Links provided.
Every mid-month, WADA will communicate its live webinar schedule for the following month, prompting stakeholders to register and participate.
Should you have any questions regarding the above, or specific questions or feedback related to the CISP, please contact WADA at: .
Thank you and best regards,
World Anti-Doping Agency
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