Bermuda Council for Drug Free Sport
Amended & Ratified: March 12th,
1998
Effect: April 1st,
1998
Preamble:
The objective of this policy is to provide a consistent
and effective response to the use of banned drugs and practices in Bermuda sports
so as to deter those who might engage in drug use and protect those who commit
themselves to
drug free sport.
This policy ensures that appropriate penalties are
imposed both on athletes and on others in sport found in violation of drug use
rules. It references Bermuda's
Standard Operating Procedures ("SOP")
for those accused of an infraction, including provisions for the reinstatement
of individuals sanctioned as a result of such infractions.
The initiative is endorsed by all National Sport Governing Bodies (NSGBs) and
Sport Clubs adopting and implementing this policy as well as by the National Drug
Commission and the Ministry of Youth Development, Sport, Parks & Recreation.
The
Bermuda Policy on Penalties for
Drug Use in Sport represents essential standards. Therefore,
more
stringent measures may be applied by sport organizations in a manner consistent
with the spirit and intention of this policy.
The
Bermuda Council for Drug Free
Sport ("BCDS") is the independent body responsible for coordinating the
development and implementation of programs and policies for anti-drug use, including
testing, counselling, research, education, appeals and arbitration. Consistent
with the
Drug Use Control Standard Operating Procedures, the
BCDS will determine whether drug use infractions or drug use
(related) infractions have occurred and will also determine if a misuse
of legal and/or prescribed substances (subject to certain restrictions in sport)
constitutes an infraction.
It is understood that the intent of this policy
is
not to have a Drug Use infraction acted upon by any other sanctioning
body
unless a penalty is imposed by virtue of
this policy.
A. Definitions and Interpretations
1.
Drug Use Infractions: "the presence of banned
substances or existence of banned practices which may bring sport into disrepute".
Reference for identifying these substances and practices include the BCDS Full
List which includes the International Olympic Committee's ("IOC") published categories
of banned classes and methods.
2.
Drug Use (Related)
Infractions: "infractions other than the
presence of banned substances or practices" such as the following with the
intent of violating anti-drug use rules:
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2.1 counselling or advising others to use banned substances
or practices;
2.2 avoiding or aiding in avoiding drug use control and detection
of banned substances or practices;
2.3 securing, supplying or administering banned substances or
practices;
2.4 possession of banned substances without valid medical reason;
2.5 importing or selling banned substances or materials intended
for use in a manner contrary to anti drug use rules;
2.6 refusal to participate in drug use control; or:
2.7 failing to cooperate as requested in any BCDS or sport-
club or governing body investigation of a possible drug use infraction.
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3. For the purpose of this policy, an athlete
is
an individual registered as an athlete or who participates as an athlete
in any activities of, or sanctioned by, an international federation ("IF"), a
national sport governing body (NSGB), affiliate or local sport club.
4. Unless otherwise specified, reference
in this policy to "person" or "persons" means
any and all individuals who
participate or seek to participate in these aforementioned activities (paragraph
3), including athletes.
5. In the case of a person who participates in sport in one or more roles,
(for example, as both an athlete and a coach), the role of the individual for
the purpose of application of this policy shall be that which the individual was
performing at the time of the infraction (e.g. an athlete involved as a coach
in a related infraction will not be treated as an athlete but as a "person" for
the purposes of this policy).
6. Should any person wish to register as
an athlete or member of a NSGB, or local club or wish to participate in an activity
of (or sanctioned by) an IF, a NSGB, affiliate or local club, this policy shall
apply
as of April 1st, 1998. If he or she has committed
a previous Drug Use Infraction, as defined by this Policy, the penalties outlined
in this Policy shall apply.
7. All persons sanctioned by virtue of this
Policy will be ineligible to participate in any competition or activity organized,
convened, held, or sanctioned by a NSGB, affiliate, or local club
for
the duration of the period of ineligibility. Penalties in any sport, role,
or level shall be respected by the authorities at all other levels of the same
sport
and in all other sports subject to this Policy.
8. For the purposes of this policy, sport funding is defined as any financial
support provided by the government or other source in respect of a person by name
regardless of the method of payment, (i.e. directly to the individual or via a
NSGB, monthly financial support through the Athlete Assistance Program, coaching
or professional staff salaries, honoraria for the provision of professional services,
coaching apprenticeships, etc.).
9. A person does not commit a drug use infraction
where, in circumstances of medical reasons for the use of a banned substance,
the substance is required for sustaining treatment or control of a medical condition
where an exemption has been granted in advance upon application to the BCDS.
B. Penalties - Drug Use & (Related) Infractions
Sport Eligibility Penalties
1. Subject only to the provisions for
reinstatement, the penalties for a drug use or (
related) infraction
by an athlete are:
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1st infraction: 1 year ineligibility
concurrent with monitored successful rehabilitation
2nd infraction: 3 years ineligibility
3rd infraction: life ineligibility
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2. Subject only to the provisions for
reinstatement, the penalties for a drug use or (
related) infraction
by a person other than
an athlete are:
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1st infraction: life ineligibility
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3. In accordance with the SOP, an athlete with a positive laboratory
finding on the "A" Sample will be ineligible to compete pending the outcome of
the "B" Sample Confirmation, or successful Protest or Appeal as detailed in Section
10. of the SOP.
4. These penalties shall be applied
to any person (athlete
or non-athlete) who wishes to participate
in (or for) Bermuda whether or not they are affiliated with a local sport body.
5. In accordance with the SOP, a drug
use infraction may be proven by a positive test result obtained from an IOC-accredited
or other BCDS-approved laboratory, or by such other evidence which establishes
a drug use or (
related) infraction (e.g. admission etc.).
6. When a drug use or (
related)
infraction is established by evidence
other than a positive test result,
it will be determined according to Section 8.of the SOP: Determination of Drug
(Related) Infractions (pp. 22 - 24). The penalty for a drug use infraction proven
by a positive laboratory test result is usually calculated
from the date of
sample collection. Otherwise, a penalty is calculated from the time of decision
of the BCDS Drug Use Control Review Panel.
7. Whether or not an infraction has been committed will be determined
according to Section 8.of the SOP: Determination of Drug Related Infractions (pp.
22 - 24).
8. Subject only to the provisions for
reinstatement (SOP Section 11.: Reinstatement pp. 28 - 33),
an
athlete or a person other than an athlete, proven to have committed
a drug use or (
related) infraction, shall be ineligible for sport funding.
An appeal of the Determination of a Drug Use or (
Related) Infraction
may be brought in accordance with SOP Section 10.: Appeal Process pp. 25 - 28.
9. Penalties for drug use or (
related)
infractions are calculated from:
- the date of refusal to be tested;
or
- in all other cases, from the decision
of the Review Panel as set out in Section 8.of the SOP: Determination of Drug
Related Infractions (pp. 22 - 24)
10. In accordance with the SOP, a person charged
with a drug use or (
related) infraction will be ineligible to
participate in any competition or activity organized, convened, held or sanctioned
by a NSGB, local Club, or affiliate, from:
- the date the athlete refused or
avoided to be tested, or in all other cases
- the date of the decision of the
BCDS Drug Use Control Review Panel, pending the outcome of a successful protest
or appeal
C. Reinstatement
1. This section deals with conditions and procedures through which
reinstatement of sport eligibility and eligibility for sport funding may be granted.
2. In all cases, the onus of proof of mitigating, exceptional or demonstrable
circumstances for reinstatement rests with the sanctioned person.
Reinstatement Criteria
Applications for reinstatement shall only be considered
for drug
use and drug use (
related) infractions
as defined from time to time by the BCDS consistent with the International Olympic
Committee's Charter Against Drug Use in Sport.
On a first or second infraction, an athlete may
apply at any time to his/her NSGB, in order to return to competition
after
three months.
In the event that reinstatement of sport eligibility
is granted, reinstatement of eligibility for sport funding will automatically
be granted and take immediate
but not retroactive effect.
Reinstatement Process
1. Under limited and exceptional circumstances, a person who has committed
an infraction and who desires to be reinstated may apply to the NSGB for reinstatement
prior to the expiry of the (minimum) penalty. The applicable limitations are described
fully in the SOP Reinstatement pp. 28 - 33. Some significant elements are as follows:
- An application for reinstatement
may be made at any time
- Independent adjudication, through
processes coordinated by the BCDS, will review and decide such cases. The
burden of proof lies with the person. Factors such as age and good citizenship,
will not, in and of themselves, constitute sufficient grounds for automatic
consideration, or granting, of early reinstatement
- The decision of the arbitrator will
be final and binding
- In the event that reinstatement of sport
eligibility is granted, eligibility for funding will automatically be granted
and take immediate but not retroactive effect. There will
be no reinstatement of eligibility for sport funding in any other circumstances
Considerations Regarding Lifetime Ineligibility
1. Unless otherwise reinstated, an
athlete who has committed an infraction with a
Lifetime
sport eligibility penalty and who desires to be reinstated must, in all cases,
notify the relevant NSGB and the BCDS,
in writing, of his/her desire
for reinstatement of sport eligibility.
2. Notice must be given at least 18
months prior to the date of desired reinstatement,
and no sooner than
30 months after the original infraction in the event of a
Lifetime
sport eligibility penalty.
3. The NSGB, in consultation with the
BCDS, will determine any conditions which must be fulfilled during the remaining
time period leading up to a prospective reinstatement (e.g. treatment, rehabilitation,
involvement in
no notice testing, etc.).
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