26 part x aug 2010

Rules and Regulations
ANTI-DOPING REGULATIONS
Introduction
Doping and doping methods are contrary to the spirit of good and fair sportsmanship and are forbidden. An athlete who is found to have used doping substances or methods and any person or athlete who has aided in whatever manner the athlete in the use of doping substances or methods is subject to disciplinary action by SAFSA, the ISU, SAIDS, SASCOC and/or the IOC. All athletes and persons by virtue of their participation in any capacity in a SAFSA and/or ISU approved event are through this participation automatically deemed to have agreed to and be bound by these regulations. Definition
Doping is defined as one or more occurrences of the Anti-Doping rule violations listed in clause X.4 below. Abbreviations
South African Institute for Drug-Free Sport 3.5 SASCOC: South African Sports Commission and Olympic Anti-Doping Administration and Management System Violations
4.1 The presence of a prohibited substance or its metabolites or 4.2 The use or attempted use by an athlete of a prohibited 4.3 Refusing or failing to submit, without compelling justification, to sample collection after notification as authorised by these rules or otherwise evading sample collection in any manner; 4.4 The violation of requirements relating to athlete availability for Out-of-Competition testing as set out in the International Standard for Testing including failure to file any required whereabouts information and failure to be available for testing at the declared whereabouts. Any combination of three (3) missed tests and/or filing failures committed within an eighteen (18) month period as decided by SAFSA, SAIDS, Rules and Regulations
the ISU or any other Anti-Doping Organisation shall constitute an Anti-Doping rule violation; 4.5 The tampering or attempted tampering with any part of the 4.6 The possession by an athlete or any other person of prohibited substances and/or methods In-Competition or Out-of-Competition unless the possession is according to an approved TUE granted in accordance to these rules; 4.7 Trafficking or attempted trafficking in any prohibited 4.8 The administration or attempted administration to any athlete In-Competition or Out-of-Competition of any prohibited substance or method or the administration or attempted administration to any athlete Out-of-Competition of any prohibited substance or method that is prohibited in Out-of-Competition testing or otherwise assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an Anti-Doping rule violation or any attempted Anti-Doping rule violation. Proof of Doping
SAFSA and/or SAIDS shall have the burden of establishing that an Anti-Doping rule violation has occurred in all cases where a suspected Anti-Doping rule violation has occurred. The standard of proof shall be whether SAFSA and/or SAIDS has established an Anti-Doping rule violation to the comfortable satisfaction of the hearing panel taking into account the seriousness of the allegation that has been made. In all cases, the standard of proof is greater than the mere balance of probabilities but less than proof beyond reasonable doubt. Where these Rules place the burden of proof upon an athlete or any other person alleged to have committed an Anti-Doping rule violation in order to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probabilities except where otherwise provided in these Rules in which case the athlete or other person must satisfy a higher burden and thus standard of proof. Rules and Regulations
5.3 Methods of Establishing Facts and Presumptions Facts may be established by any reasonable and reliable means, including admissions. Rules of proof are as follows: WADA, IOC, ISU, SASCOC and SAIDS accredited laboratories are presumed to have conducted the sample standards for laboratories. An accused athlete or other person may rebut this presumption by establishing that the accredited laboratory did not follow the international standards for laboratories and that this could have reasonably resulted in an adverse analytical finding. SAFSA and/or SAIDS shall have the burden to establish that this departure from international standards for laboratories did not cause the adverse analytical finding. A WADA, IOC, ISU, SASCOC or SAIDS accredited laboratory procedure or action or lack thereof that did not follow the international standard for laboratories and that did not cause an adverse analytical finding does not automatically invalidate the result. If the accused athlete or person establishes that the departure from another international standard could reasonably have resulted in an adverse analytical finding or other Anti-Doping rule violation then SAFSA and/or SAIDS shall have the burden to establish that such departure did not result in an adverse analytical finding or the factual basis for the Anti-Doping rule violation. The facts established by a decision of a court, tribunal or hearing and that is not subject of a pending appeal shall be non-rebuttable evidence against the athlete or any other person to whom the decision pertained of those facts unless the athlete or any other person establishes that the decision violated the principles of natural justice. A hearing panel considering a case relating to an Anti-Doping rule violation is permitted to draw an inference that is adverse to the athlete or any other person who is accused of having committed an Anti-Doping rule violation based on the athlete's or any other persons refusal, after being requested in a reasonable time in advance of the hearing, to appear at the hearing and to answer questions either from Rules and Regulations
the hearing panel or from SAFSA and/or SAIDS asserting the Anti-Doping rule violation. Prohibited List of Substances and Methods
The Anti-Doping Rules incorporate with immediate effect after publication of the WADA Prohibited List of substances and methods and any amendments thereto. For the purposes of the determinations of sanctions, all Prohibited Substances shall be "Specified Substances" except for: (a) substances in the classes of anabolic agents and hormones, and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be specified substances. The WADA list of substances and methods is not subject to challenge by an athlete or any other person based on the argument that the substance or method is not a masking agent nor does it have the potential to enhance performance, represent a health risk or violate the spirit of sport. 6.2 Therapeutic Use of Prohibited Substances or Methods An athlete with a documented medical condition requiring the use of a Prohibited Substance or Method must first apply for and obtain a TUE. The presence of a Prohibited Substance or its Metabolites or Markers, use or attempted use of a Prohibited Substance or Method, possession of Prohibited Substance and Method or administration of a Prohibited Substance or Method consistent with the provisions of an applicable TUE issued pursuant to the International Standard for Therapeutic Use Exemptions shall not be considered an Anti-Doping rule violation. All athletes that make use of inhaled Beta-2-Agonists (that is used for Asthma treatment) must declare the use through ADAMS as soon as the product is used and it must also be declared on the Doping Control Form at the time of testing. Rules and Regulations
The use of Glucocorticosteroids by non systemic routes peritendinous, epidural and/or intradermal injections and through inhalation requires the filling of a Declaration of Use. Athletes included in the ISU, SAIDS or SAFSA Registered Testing Pool and any other athlete participating in any SAFSA or ISU recognised and approved competition, championship or test must obtain a TUE recognised by SAIDS, SAFSA and the ISU at least thirty (30) days prior to participation in the competition, championship or test except only in an emergency situation in which case the skater must apply for a Retroactive TUE. Athletes not included in the ISU, SAIDS and/or SAFSA Registered Testing Pool and do not compete in any ISU International Competition or Championship or SAFSA National or Interprovincial Championship or other Competition or Test need not apply in advance for a TUE but must declare the use of or be in possession of a valid doctor's prescription for the use of diuretics, insulin, tamoxifen treatment for cancer, steroid glucocortico-steroids, methylphenidate and beta-blockers. aforementioned requirements will qualify for a Retroactive TUE for the use of the declared medication. Athletes not included in the ISU, SAIDS and/or SAFSA Registered Testing Pool and do not compete in any ISU International Competition or Championship or SAFSA National or Interprovincial Championship or other Competition or Test and suffering from asthma must declare the use of their prescribed medication and in the event of being tested positive for a prescribed asthma medication, must lodge a medical file with SAFSA and/or SAIDS with their medical history and a report of the clinical examination with specific focus on the respiratory system and prescribed medications. Such athletes if meeting the aforementioned requirements will qualify for a Retroactive TUE for the use of the declared asthma medication. TUE’s and Retroactive TUE's granted by SAIDS must be reported to SAFSA, the ISU and WADA. Rules and Regulations
All TUE's and Retroactive TUE's may be reviewed and withdrawn by SAFSA, SAIDS, SASCOC, the ISU and WADA. Such withdrawal may, if necessary, be appealed by the athlete. 7.1.1 All athletes and other persons, whether Eligible or Ineligible, taking part in a SAFSA or ISU approved and recognised championship, competition or test shall be subject to In-competition testing by SAIDS, SAFSA or its authorised agent. Such testing shall be initiated by SAFSA and/or SAIDS. It shall be the athlete's responsibility to ensure that he/she has not been selected for Anti-Doping Testing before leaving the competition site. 7.1.2 All athletes and other persons, whether eligible or ineligible or serving under provisional suspension, shall be subject to Out-of-Competition testing of both urine and blood at any place or time by SAIDS, SAFSA or its authorised agent. Such testing shall be without advance notice and target testing will be prioritised. Out-of-Competition testing refers to a forty-eight commencement of the draw and after the end of the section in which an athlete has competed. 7.1.3 Anti-doping tests must be performed according to Championships of SAFSA. Any positive results must be reported to SASCOC and the ISU. 7.1.4 An athlete who is a Minor (has not reached the age of eighteen (18)) is subject to the Anti-Doping Rules and may be tested with prior consent by a person with legal responsibility over the minor. Such prior consent shall be a condition that must be met preceding the participation of the Minor in a SAFSA approved championship, competition or test. 7.1.5 All Anti-Doping tests must be reported as soon as possible through the WADA Clearinghouse. 7.1.6 All athletes and other persons, whether eligible or championship or competition shall be subject to In- Rules and Regulations
Competition testing by the ISU or its authorised agent and strictly according to the ISU regulations and any relevant communications in force at the time of testing. 7.2.1 Testing conducted by SAFSA, SAIDS or its authorised agent(s) shall substantially conform to the International Standard for Testing published by WADA or SAIDS in force at the time of testing and these regulations. 7.2.2 Blood or other non-urine samples may be used to detect prohibited substances or methods, for screening haematological profiling. These samples may also be used for Anti-Doping purposes relating to the provisions of X.4.2. 7.3.1 Any athlete or other person included in the ISU, SAFSA and/or SAIDS Registered Testing Pool shall be required to submit whereabouts information twice a year so that any Out-of-Competition Anti-Doping testing can be performed when necessary. 7.3.2 The responsibility rests with the athlete or other person to ensure the whereabouts information is correct at any time whilst the athlete or other person is included in the Registered Testing Pool. information as necessary and be available for testing shall result in the Anti-Doping violation listed in X.4.4. An athlete's failure to be available for testing at his/her declared whereabouts shall be deemed a Missed Test for the purposes of clause X4.4. 7.4.1 An athlete who has been identified by SAFSA and/or SAIDS for inclusion in the Registered Testing Pool shall continue to be subject to these Anti-Doping Rules including the obligation to comply with whereabouts requirements until such time that the athlete gives written notice to SAFSA and/or SAIDS that he/she has retired or until he/she no longer satisfies the criteria for inclusion in the SAFSA and/or Rules and Regulations
SAIDS Registered Testing Pool and has been so informed by SAFSA and/or SAIDS. 7.4.2 Should an athlete return from retirement, such athlete must give notice to SAFSA and SAIDS at least six (6) months in advance of such return and make him or herself available for unannounced Out-of-Competition Testing including complying with the whereabouts requirements at any time during the period before the actual return to competition or SAFSA tests. Sample-taking Procedure and Analysis
SAIDS, SAFSA or its authorised agent shall send Doping Control Samples for analysis to SAIDS, ISU or WADA accredited laboratories. Purpose of Collection and Analysis of Samples Samples shall be analysed to detect prohibited substances and methods included in the prohibited list and other substances as directed by WADA or to assist SAFSA and/or SAIDS to profile relevant parameters in an athlete's urine, blood or other matrix, including DNA or genomic profiling for Anti-Doping purposes. Samples may only be used for the purposes listed in X.8.2. However, with the express consent of the athlete concerned the samples may be used for other purposes on the condition that the sample cannot be traced in any manner to the athlete concerned. Accredited laboratories must analyse samples and report the results in a manner conforming to SAIDS or the ISU. Any sample may be re-analysed for the purposes described in X.8.2 at any time exclusively at the direction of the ISU, SAFSA or SAIDS under circumstances and conditions that conform to the requirements of the International Standard for Laboratories. Rules and Regulations
Results Management
Results Management for Doping Control Tests shall follow the regulations, requirements and format as specified by: in the case of National, Interprovincial, Provincial or Club authorised and/or recognised by SAFSA, SAIDS, or in the case of International championships and competitions authorised and/or recognised by the ISU, the ISU. Where in the SAFSA or SAIDS regulations, requirements and formats reference is made to: "International Federation" this shall mean "the ISU"; "National Sporting Federation" or "National Sports Federation" this shall mean "SAFSA"; and "National Olympic Committee" this shall mean "SASCOC". SAFSA and/or SAIDS, in the case of SAFSA authorised and /or recognised tests, competitions and championships may impose a provisional suspension if a violation of any of the Anti-Doping rules is suspected. The ISU, in the case of ISU authorised and/or recognised competitions and championships may impose a provisional suspension if a violation of any of the Anti-Doping rules is suspected. Where a provisional suspension is imposed on an athlete or other person, the athlete or other person must be given either: A provisional hearing prior to the imposition of the provisional suspension; A provisional hearing within ten (10) days after the imposition of the provisional suspension; or An expedited hearing as soon as possible after the imposition of the provisional suspension. Whilst an athlete or other person is serving a provisional suspension, such athlete or person may not take part in any manner whatsoever in any activity authorised or recognised by SAFSA or the ISU. In the case of SAFSA authorised and/or recognised tests, competitions and championships, the SAIDS Anti-Doping Rules and Regulations
Disciplinary Committee has jurisdiction and the power to hear and determine all issues arising, including the consequences of Anti-Doping rule violations relating to disqualification of results and sanctions on individuals, from any matter which is referred to it pursuant to these and the SAIDS Anti-Doping rules. In the case of ISU authorised and/or recognised competitions and championships, the ISU Anti-Doping Disciplinary Committee has jurisdiction and the power to hear and determine all issues arising, including the consequences of Anti-Doping rule violations relating to disqualification of results and sanctions on individuals, from any matter which is referred to it pursuant to these and the ISU Anti-Doping Rules. Disqualification of Results
An Anti-Doping rule violation in connection with an In-Competition Anti-Doping test shall automatically lead to the disqualification of the result obtained in that testing event, competition or championship with all the resulting consequences, including the forfeiture of any medals, points and prizes. Sanctions on Individuals
11.1 Sanctions on individuals may result in the: 11.1.1 Disqualification of results in a test, competition or championship in which an Anti-Doping rule violation occurs; 11.1.2 Imposition of Ineligibility for Prohibited Substances 11.1.3 Imposition of Ineligibility for other Anti-Doping rule 11.2 Under certain specific circumstances the period of Ineligibility for Specified Substances may be eliminated or reduced at the sole discretion of the SAIDS or ISU Anti-Doping Disciplinary Committee. 11.3 Under certain specific circumstances based on exceptional circumstances the period of Ineligibility may be eliminated or reduced at the sole discretion of the SAIDS or ISU Anti-Doping Disciplinary Committee. 11.4 Under certain aggravating circumstances the period of Ineligibility may be increased at the sole discretion of the SAIDS or ISU Anti-Doping Disciplinary Committee. Rules and Regulations
11.5 Multiple Anti-Doping rule violations shall normally result in increased periods of Ineligibility and such decision is at the sole discretion of the SAIDS or ISU Anti-Doping Disciplinary Committee. 11.6 The results of an athlete in tests, competitions or championships subsequent to the identification of a positive sample or the commissioning of an Anti-Doping rule violation will be disqualified with all the resulting consequences including the forfeiture of any medals, points and prizes. 11.7 The period of Ineligibility shall normally commence on the date of the hearing decision providing for Ineligibility and any provisional suspension period shall be credited against the total period of Ineligibility to be served. 11.8 Whilst an athlete or other person is serving a period of Ineligibility, such athlete or person may not take part or participate in any manner whatsoever in any activity authorised or recognised by SAFSA. 11.9 If an athlete or other person violates the provisions of clause X.11.8, the full period of Ineligibility shall commence once again from the date that the provisions of clause X.11.8 was violated. 11.10 Reinstatement testing (Out-of Competition testing) shall be required before an athlete or other person may return and be reinstated and take part in tests, competitions or championships authorised and/or recognised by SAFSA or the ISU. Consequences to Team Sports
12.1 If during a competition or championship recognised or authorised by SAFSA and/or the ISU more than one member of a team has been notified of a possible Anti-Doping rule violation in connection with the competition or championship, SAFSA or the ISU shall conduct appropriate target testing of the team in question. 12.2 If an athlete who is a member of a Pair, Couple or Synchronised Skating team is found to have committed a violation of these Anti-Doping Rules during a SAFSA and/or ISU authorised and recognised test, competition or championship, the Pair, Couple or Synchronised Skating team shall be disqualified from the test, competition or championship and the athlete who committed the Anti-Doping rule(s) violation will be sanctioned individually. Rules and Regulations
12.3 The results of the non-violating Anti-Doping Rule athlete in the Pair or Couple or athletes in the Synchronised Skating team who may have taken part in the test or competed in the competition or championship individually or with other team member(s) shall not be disqualified. 12.4 The results of an athlete found to have violated the Anti- Doping rules and who competed in his/her individual capacity or as a member of a Pair, Couple or Synchronised Skating team shall be disqualified for all events in which the athlete took part in during the same testing event, competition or championship. 13.1 The decisions of the SAIDS Anti-Doping Disciplinary Committee may be appealed as set forth by the SAIDS Anti-Doping Rules for all In-Competition testing of SAFSA authorised and/or recognised tests, competitions and championships and for all Out-of-Competition Anti-Doping tests initiated by SAIDS or SAFSA. 13.2 The decision of the SAIDS Anti-Doping Disciplinary Committee shall remain in effect while under appeal unless the SAIDS Anti-Doping Appeal Board orders otherwise. 13.3 The decisions of the ISU Disciplinary Commission may be appealed as set forth by the ISU Anti-Doping Rules for all In-Competition testing of ISU authorised and/or recognised competitions and championships and for all Out-of-Competition Anti-Doping tests initiated by the ISU. 13.4 The decision of the ISU Disciplinary Commission shall remain in effect while under appeal unless the Court of Arbitration for Sport orders otherwise. 13.5 The following parties shall have the right to appeal: 13.5.1 The athlete or other person who is the subject of the 13.5.2 The other party (SAIDS, SAFSA, SASCOC) to the case in which the decision was rendered; and 13.5.2 The ISU, SASCOC, IOC and WADA under whose rules a sanction could have been imposed. 13.6 In the case of SAFSA authorised and/or recognised tests, competitions and championships, the SAIDS Anti-Doping Appeals Board has jurisdiction and the power to hear and determine all issues arising, including the consequences of Anti-Doping rule violations relating to disqualification of Rules and Regulations
results and sanctions on individuals, from any matter which is referred to it pursuant to these and the SAIDS Anti-Doping Rules. 13.7 In the case of ISU authorised and/or recognised tests, competitions and championships, the Court of Arbitration for Sport has jurisdiction and the power to hear and determine all issues arising, including the consequences of Anti-Doping rule violations relating to disqualification of results and sanctions on individuals, from any matter which is referred to it pursuant to these, the ISU and WADA Anti-Doping Rules. Reporting, Public Disclosure, Mutual Recognition of Decisions
and Statute of Limitation
14.1 Any TUE granted to an athlete shall promptly be reported to 14.2 SAIDS, in the case of SAFSA authorised and recognised tests, competitions and championships, and the ISU, in the case of ISU authorised and recognised competitions and championships shall submit to WADA current athlete whereabouts information which may be used by other Anti-Doping Organisations having authority to test an athlete. 14.3 SAIDS and SAFSA shall report all In-Competition and Out- of-Competition testing to WADA as soon as possible after such tests have been conducted. 14.4 In the case of an Adverse Analytical Finding, SAIDS and SAFSA shall report the finding and submit all relevant information to SASCOC, the ISU and WADA. 14.5 SAFSA, SAIDS, the SAIDS Anti-Doping Disciplinary Committee or any other person shall not publicly disclose or publicly report the identity of any athlete whose samples have resulted in an Adverse Analytical Finding or of other persons who are alleged to have committed an Anti-Doping rule violation pursuant to these and the SAIDS Anti-Doping rules until the administrative review and any other processes have been completed. Only once the disciplinary hearing has been completed or if such hearing has been waived by the athlete or other person may SAIDS or SAFSA no later than twenty (20) days after the final decision has been reached publicly report the disposition of the anti-doping matter. This disposition shall include the name of the athlete or person concerned and the reasons for the decisions. Rules and Regulations
14.6 Any decision of the SAIDS Anti-Doping Disciplinary Committee, SAIDS Anti-Doping Appeals Board, ISU Disciplinary Commission and the Court of Arbitration for Sport regarding the violation of these Anti-Doping Rules shall be recognised by the ISU, SASCOC, SAFSA and by all Anti-Doping Organisations and they are each required to take all necessary actions to render such results effective. 14.7 No action may be commenced under these Anti-Doping Rules against an athlete or other person for a violation of an Anti-Doping rule contained in these Anti-Doping Rules unless such action is commenced within eight (8) years from the date the violation occurred. Information, Notices, Validity and Governing Law
15.1 An athlete or other person who submits any information including data or medical information to any organisation or person in accordance with these, SAIDS or the ISU Anti-Doping Rules shall be deemed to have agreed that such information may be utilised by such organisation or person for the purposes of the implementation of these Anti-Doping Rules. 15.2 Any athlete in the SAFSA, SAIDS or ISU Registered Testing Pool shall provide SAFSA, SAIDS and/or the ISU with an address to which notice may be delivered and in the event of a change of address it is the responsibility of the athlete to provide SAFSA, SAIDS or the ISU with such amended details. 15.3 Notice to an athlete in the SAFSA, SAIDS or ISU Registered Testing Pool or any other athlete or other person shall be delivered by means of registered post to the address provided to SAFSA, SAIDS or the ISU by the athlete. Such notice shall be deemed to have been received upon the expiry of ten (10) working days after the date of posting. 15.4 SAFSA, SAIDS and the ISU may, with the prior consent of the intended recipient, as an alternative to, or in conjunction with the notice by registered post, use any other method communication available, including, but not limited to, facsimile, email and telephone. 15.5 These Anti-Doping Rules shall come into full force and effect 15.6 The Anti-Doping Rules shall not apply retrospectively to matters pending before the date these Anti-Doping Rules come into effect and any matter that is still outstanding at Rules and Regulations
the time these Anti-Doping Rules come into effect shall be completed under the previous Anti-Doping Rules and decisions made accordingly shall be recognised by these Anti-Doping Rules. 15.7 Any deviation from these, the SAIDS or the ISU Anti-Doping Rules or the procedures referred to herein and therein shall not invalidate any finding, decision or result unless it was such as to cast material doubt on the finding, decision or result. 15.8 Should any provision within these, SAIDS or the ISU Anti- Doping Rules be held invalid, unenforceable or illegal for any reason, these, SAIDS or the ISU Anti-Doping Rules shall remain otherwise in full force apart from such provision which shall be deemed deleted insofar as it is invalid, unenforceable or illegal. 15.9 All acts performed bona fide by any person in the implementation of these, SAIDS and the ISU Anti-Doping Rules, notwithstanding that it be afterwards discovered that there was some defect in the appointment, qualification or authority of such person so acting, shall be as valid as if every such person had been duly appointed, qualified or authorised. 15.10 South African law governs these and the SAIDS Anti-Doping Rules and Swiss law governs the ISU Anti-Doping Rules. 15.11 The definitions of terms used within these and in the SAIDS and the ISU Anti-Doping Rules form an integral part of these Anti-Doping Rules and must be read and interpreted accordingly and in conjunction with these Anti-Doping Rules.

Source: http://www.safsa.org.za/Rules/2010/Part-X-Aug-2010.pdf