Ipswich Basketball Club
'The Bobcats & Tomcats'

INDEX

ANTI-DOPING POLICY

POSITION STATEMENT

1.1 England Basketball condemns, and is totally opposed to, the use of performance enhancing drugs and doping practices in the sport of basketball and fully supports the position of the International Olympic Committee, the World Anti-Doping Agency (WADA), UK Sport and FIBA against the use of banned substances and methods.

1.2 The use, possession and/or trafficking of banned substances, methods or the encouragement or counselling to use banned substances, or methods; and/or taking measures to mask the use of banned substances or methods by a participant in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction is unacceptable and will not be tolerated.

1.3 An anti-doping rule violation shall be considered a breach of the England Basketball Code of Conduct and of this England Basketball Anti Doping Policy.

DEFINITIONS

2.1 Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in article 4 of this policy; this is consistent with article 2 of the World Anti-Doping Code.

2.2 A participant shall mean:

(a) Any competitor (i.e. player) as defined by UK Sport as any person who is a playing member of a team and is registered to play in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction.

(b) Any other person participating in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction, or registered club which shall include but not be limited to paid employees, appointed officials, volunteers, coaches or referees associated with England Basketball, any Regional Association, Associate Member, or any affiliated clubs, teams or competitors.

3. SCHEDULE OF DOPING CLASSES AND METHODS

3.1 In respect of the prohibited classes of substances, prohibited methods, and classes of drugs subject to certain restrictions, England Basketball adopts the World Anti-Doping Code Prohibited List Standard (as amended from time to time). Visit www.wada-ama.org/en/+1.asp for details. Further information is available from UK Sport http://www.uksport.gov.uk/did/

ANTI-DOPING RULE VIOLATIONS

The following constitute anti-doping rule violations:

4.1 The presence of a prohibited substance or its metabolites or markers in a participant’s bodily specimen.

(a) It is each player’s personal duty to ensure that no prohibited substance enters his or her body. Players are responsible for any prohibited substance or its metabolites or markers found to be present in their bodily specimens. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the player’s part be demonstrated in order to establish an anti-doping violation under 4.1.

(b) Excepting those substances for which a qualitative reporting threshold is specifically identified in the prohibited list, the detected presence of any quantity of a prohibited substance or its metabolites or markers in a player’s sample shall constitute an anti-doping rule violation.

(c) As an exception to the general rule of article 4.1, the prohibited list may establish special criteria for the evaluation of prohibited substances that can also be produced endogenously.

4.2 Use or attempted use of a prohibited substance or a prohibited method.

(a) The success or failure of the use of a prohibited substance or prohibited method is not material. It is sufficient that the prohibited substance or prohibited method was used for an anti-doping rule violation to be committed.

4.3 Refusing, or failing without compelling justification, to submit to sample collection when requested by UK Sport or any other agency as authorised in applicable anti-doping rules or otherwise evading sample collection.

4.4 Violation of applicable requirements regarding player availability for out-of-competition testing including failure to provide required whereabouts information and missed tests which are declared based on reasonable rules.

4.5 Tampering, or attempting to tamper, with any part of doping control.

4.6 Possession by a player, or any other participant, at any time or place of a substance that is prohibited in out-of-competition testing or a prohibited method unless the player or participant establishes that the possession is pursuant to a therapeutic use exemption granted to the player.

4.7 Trafficking in any prohibited substance or prohibited method.

4.8 Administration or attempted administration of a prohibited substance or prohibited method to any participant, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation.

APPLICATION

5.1 This policy applies to all participants including, in particular, all competitors (i.e. players) who are within the jurisdiction of the Memorandum, Articles and Regulations of England Basketball.

EDUCATION

6.1 England Basketball will make this Policy available to all participants.

6.2 England Basketball will develop and implement, in co-operation with UK Sport and FIBA drug education and information programmes for participants and its medical and health advisers.

6.3 England Basketball will support the initiatives of UK Sport, WADA, the IOC and FIBA to stop doping in sport.

7. SUBMISSION TO TESTING

7.1 Any player shall be liable to dope control testing at tournaments, competitions, events or fixtures over which England Basketball has jurisdiction and out-of-competition testing as nominated by UK Sport or as specified by the England Basketball Executive Board and/or the Chief Executive Officer of England Basketball (or his/her nominated member of staff).

7.2 Players will be required to sign a declaration (included within the England Basketball individual member licence form) to be able to participate in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction. Failure by a player to sign the declaration or any refusal to submit to testing will result in the player becoming ineligible to participate in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction.

8. PROCEDURES

8.1 Sampling and testing is conducted substantially in conformity with the ISO 9001:2000 procedures specified by the UK Sport Anti Doping Directorate which are consistent with the minimum standards specified by the World Anti- Doping Code International Standard for Testing (as amended from time to time) and in accordance with FIBA (as amended from time to time) and the International Standard for Doping Control.

8.2 Where England Basketball representative teams are participating in FIBA sanctioned or controlled tournaments, events or fixtures, sport drug testing procedures may be undertaken as authorised by FIBA.

8.3 Where England Basketball receives information that a person has committed an anti-doping rule violation it will refer the matter to a hearing under clause 8.4. The hearing will accept as a proven fact the result of a test conducted by a drug testing agency and/or a determination from UK Sport that an anti-doping rule violation has been committed.

8.4 When England Basketball refers the matter to a hearing, England Basketball will send the person a letter which:

(a) Sets out the nature of the anti-doping rule violation.

(b) Advises that England Basketball will refer the matter to a hearing within 14 days.

(d) Advises, in the case of a player with an adverse analytical finding, of their right to promptly request the analysis of the B sample or, failing such request, that the B sample analysis may be deemed waived.

8.5 England Basketball will wait 14 days (or a shorter period agreed between England Basketball and the person) after sending a letter under clause 8.4 and then will:

(a) Appoint a Tribunal established in accordance with its rules, and/or the rules of FIBA, to conduct a hearing; or

(b) Appoint any other Tribunal recognised by England Basketball and UK Sport for the purposes of hearing doping related cases.

8.6 At any time prior to the commencement of the hearing the person to whom a letter under clause 8.4 has been sent may acknowledge in writing that:

(a) They have committed the anti-doping rule violation.

(b) They will accept the sanction as imposed under clause 9.

8.7 England Basketball has the right in accordance with its regulations not to select the person, to whom a letter under clause 8.4 has been sent, for any England Basketball national representative team until the determination of the hearing.

8.8 The Tribunal will determine:

(a) The anti-doping rule violation.

(b) What sanction will apply.

8.9 A person who has committed or is alleged to have committed an anti-doping rule violation has the right to a hearing. The hearing process shall respect the principles of being timely, fair and impartial while providing the right to be represented by counsel at the person’s own expense, the right of each party to present evidence and the provision of a timely, written, reasoned decision.

8.10 Where a Tribunal conducts a hearing, the Tribunal:

(a) Will conduct the hearing in accordance with the Articles and Regulations of England Basketball or in such a manner as the Tribunal determines.

(b) May conduct the hearing by telephone or other conference facility.

(d) May appoint a legal representative or other person to assist it

(e) Will allow the person who has committed or is alleged to have committed an anti-doping rule violation to be assisted by a legal representative or other person.

(f) May adjourn to obtain further evidence or to await the result of an analysis of the B sample.

8.11 The Tribunal will provide England Basketball with a written statement of:

(a) The findings of the hearing.

(b) What sanction (if any) will apply.

9. SANCTIONS

9.1 As a condition of the Sport England development grant aid funding to governing bodies, any England Basketball Tribunal, Disciplinary Committee or Appeals Panel appointed to hear England Basketball Anti-Doping Policy disciplinary or appeal proceedings is to impose sanctions to a minimum level as outlined in the World Anti-Doping Code Prohibited List Standard (as amended from time to time) for any breach of the England Basketball Anti- Doping Policy. The World Anti-Doping Prohibited List Standard currently contains minimum mandatory sanctions as follows:

(a) The period of ineligibility imposed for a violation of clauses 4.1 (presence of prohibited substance), 4.2 (use or attempted use of prohibited substance or prohibited method), 4.3 (refusing or failing to submit to sample collection), 4.5 (tampering with doping control) and 4.6 (possession of prohibited substances) shall be:

First violation: Two (2) years ineligibility.

Second violation: Lifetime ineligibility.(b) The prohibited list may identify specified substances which are particularly susceptible to unintentional anti-doping rules violations because of their general availability in medicinal products or which are less likely to be successfully abused as doping agents. Where a player can establish that the use of such a specified substance was not intended to enhance sport performance, the period of ineligibility outlined in clause 9.1 (a) shall be replaced with the following: ·

First violation: As a minimum, a warning and reprimand and no period of ineligibility, and at a maximum, one (1) year’s ineligibility.
Second violation: Two (2) years’ ineligibility.
Third violation: Lifetime ineligibility.

(c) For violations of clauses 4.7 (trafficking) or 4.8 (administration of prohibited substance or prohibited method), the period of ineligibility imposed shall be a minimum of four (4) years up to lifetime ineligibility.

d) For violations of clause 4.4 (whereabouts violation or missed test) the period of ineligibility shall be a minimum of three (3) months and a maximum of two (2) years.

(e) In all cases the player or other participant shall have the opportunity, before a period of ineligibility is imposed, to an appeal hearing as provided by clause 10.

9.2 Where breach of the England Basketball Anti-Doping Policy is alleged, any resulting review, tribunal, disciplinary and/or appeal meetings/hearings will be held in accordance with England Basketball Disciplinary and Appeal Procedures (as amended from time to time), approved under England Basketball’s Articles and Regulation, and in accordance with the UK Sport Statement of Anti-Doping Policy and procedures therein.

9.3 In respect of sanctions, the England Basketball Executive Board adopts the periods of suspension as contained in the World Anti-Doping Code Prohibited List Standard (as amended from time to time). However the England Basketball Tribunal, Disciplinary Committee or Appeals Panel appointed to hear England Basketball Anti Doping Policy disciplinary or appeal proceedings has authority to:

(a) Ban the person from selection to represent England in international competition.

(b) Ban the person from competing in any tournaments, competitions, events or fixtures over which England Basketball has jurisdiction.

(c) Ban the person from holding any position within England Basketball or being involved in any other way within England Basketball.

(d) Withdraw awards and placings won by the competitor or the competitor’s team in tournaments, competitions, events or fixtures over which England Basketball has jurisdiction from the date of the anti-doping rule violation.

(e) Reprimand the person.

(f) Fine the person or direct the person to pay costs.

(g) Suspend the person from membership of England Basketball.

9.4 Any sanctions imposed or endorsed by FIBA (at FIBA sanctioned or controlled tournaments, events or fixtures) on England Basketball representative team participants will be binding on England Basketball, Regional Associations, Associate Members and affiliated members.

9.5 England Basketball will inform the person, UK Sport and FIBA (if applicable) of the anti-doping rule violation and the sanction applied by the Tribunal. England Basketball may then inform any other persons or organisations as England Basketball considers appropriate.

10. APPEALS PROCESS

10.1 Decisions made under this Policy may be appealed by either party providing the appeal is lodged within 14 days of notification of the decision. An Independent Appeal Panel will then carry out this appeal.

10.2 The Independent Appeal Panel will be formed by either England Basketball or by an independent body agreed upon by the two parties. Examples of independent bodies would be the Sports Dispute Resolution Panel or the Court of Arbitration for Sport.

11. SUSPENSION OF FUNDING

11.1 Where an anti-doping rule violation has been reported to England Basketball and the matter has been referred for a hearing, any funding from Sport England or UK Sport to the player, coach or official concerned is suspended in line with the current UK Statement of Anti-Doping Policy.

11.2 If it is found that there is no evidence of an anti-doping rule violation the suspended payments will be paid in full and normal payments will be resumed.