Book contents
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
7 - Responsibility for testing and investigations, results management and hearings
Published online by Cambridge University Press: 05 February 2013
Book contents
- Frontmatter
- Contents
- List of Figures
- Preface to the Second Edition
- Table of Cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Articles 9 and 10 of the Code: sanctions for anti-doping rule violations
- 9 Article 13: appeals under the Code
- 10 Appeals to the Swiss Supreme Court from CAS, challenges to the Code in the courts and claims outside the Code
- 11 The way ahead: review of the 2009 Code
- Index
Summary
The responsibility for testing and results management
The Code and the IST contain provisions in various Articles concerning the allocation of responsibility for testing and investigations, the management of results by anti-doping organisations, and hearings. The Code's provisions establish standards in this area which the Signatories must meet, but the relevant Articles are not among the Articles which have to be adopted without significant amendment into anti-doping policies. The IST contains specific provisions relating to the investigation of a possible failure to comply at sample collection and, in particular, for results management for apparent filing failures under the whereabouts regime in the IST. It must also be borne in mind that the International Standards contain the detail of the process by which samples are taken and analysed, and that the application of the Standards is a mandatory part of the testing and investigation process for Signatories.
Various organisations may be responsible for the testing of an athlete in- or out-of-competition, or for administration of the IST whereabouts regime and for the investigation of anti-doping violations. After testing or an investigation, the results obtained will be managed in order to conduct any further investigation required, and to bring any allegation arising from the investigation to a hearing. Generally, the hearing process must be conducted to the standards set out in Article 8 of the Code. Related matters such as confidentiality during the investigative and hearing process, and reporting after a hearing, are also the subject of Articles in the Code (primarily Article 14).
Information
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- Chapter
- Information
- A Guide to the World Anti-Doping CodeA Fight for the Spirit of Sport, pp. 216 - 238Publisher: Cambridge University PressPrint publication year: 2013
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