Breaking Down the Process for Determining a Basic Sanction Under the 2015 World Anti-Doping Code
International Sports Law Journal, (2015) 15:3-48
46 Pages Posted: 17 Jul 2015
Date Written: June 10, 2015
An Athlete's fault is one of the core issues for determining the applicable period of Ineligibility under the sanctioning regime of the World Anti-Doping Code. Nevertheless, the issue is seldom addressed in a detailed and comprehensive manner that would provide a genuine insight into the role of fault in this context. This article proposes a process to determine the length of the initial period of Ineligibility associated with the basic sanction for antidoping rule violations involving the presence of a Prohibited Substance under the 2015 World Anti-Doping Code. The authors first examine the interplay between the familiar concept of 'No (Significant) Fault or Negligence' on the one hand, and the newly introduced concept of 'intentional' on the other hand, advocating a mutually exclusive understanding of these two concepts for the purposes of determining a basic sanction. Based on this understanding, the article proposes a process for determining the appropriate length of period of Ineligibility for both Specified and non-Specified Substances under the 2015 World Anti-Doping Code. Throughout the discussion, the article presents comparisons to the approach taken in earlier versions of the World Anti-Doping Code, illustrated through an analysis of past Court of Arbitration for Sport awards, to demonstrate the coherence of the proposed method and evaluate how it will function in practice.
Keywords: Anti-Doping, Sanctioning, 2015 World Anti-Doping Code, No Significant Fault or Negligence, No Fault or Negligence
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