As an elite athlete, you’ve dedicated countless hours to training and maintaining peak performance. However, one moment of panic or confusion during sample collection can result in a multi-year competition ban that derails your promising athletic career. At Global Sports Advocates, we help athletes like you protect their right to compete when they've been accused of evading, refusing, or failing to submit to sample collection.
What Constitutes a Sample Collection Violation?
According to Article 2.3 of the World Anti-Doping Code an athlete has committed an anti-doping rule violation if they evade sample collection, or refuse or fail to submit to sample collection without compelling justification after being notified by a duly authorized person.
The burden is on the anti-doping organization to prove the athlete committed any of the listed violations under Article 2.3. Specifically, an anti-doping rule violation must be proven “to the comfortable satisfaction of the hearing panel, bearing in mind the seriousness of the allegation which is made.” This standard of proof has been defined as being greater than a balance of probability (i.e., 51%), but less than proof beyond a reasonable doubt (nearly 100%).
Each of these potential violations (evading, refusing, and/or failing to submit) is very fact-specific, meaning the details of what did or did not occur during a doping control session are extremely important and can be the difference between being exonerated and being suspended for years.
Sanctions for Sample Collection Violations
The standard sanction for evading, refusing, or failing to submit to sample collection is a 4-year period of ineligibility. However, an athlete may reduce their sanction as follows:
Failed to Submit to Sample Collection
In situations where an athlete is alleged to have failed to submit to sample collection, an athlete can have their period of ineligibility reduced to 2 years where they can establish that the commission of the anti-doping rule violation was unintentional.
Evading or Refusing to Submit to Sample Collection
In cases involving an athlete allegedly evading or refusing to submit to sample collection, the athlete’s sanction can be reduced to somewhere within the 2 to 4 year range depending on the athlete’s degree of fault, if the athlete can prove exceptional circumstances exist to justify a reduction.
Protected Person or Recreational Athlete
If the athlete is a Protected Person or Recreational Athlete, then the period of ineligibility lies somewhere between a reprimand and 2 years depending on the athlete’s degree of fault.
Providing Substantial Assistance
An athlete can reduce their period of ineligibility to somewhere between 1 and 4 years if they provide Substantial Assistance that helps an anti-doping organization, criminal authority or professional disciplinary body:
- Discover or bring forward an anti-doping rule violation by another person who is subject to the World Anti-Doping Code,
- Bring forward a criminal offense or breach of professional rules against a person or entity,
- Initiate a proceeding against a Signatory, WADA-accredited Laboratory, or Athlete passport management unit for non-compliance with the relevant regulations, or
- Bringing forward, with WADA’s approval, a sport integrity violation other than doping against a person or entity.
The extent of the reduction below 4 years is dependent on the seriousness of the anti-doping rule violation committed by the athlete and the significance of the Substantial Assistance provided by the athlete.
Admitting the Violation and Accepting the Period of Ineligibility
Because each of these situations involves a period of ineligibility of 4 years, an athlete can receive a 3-year period of ineligibility if they choose to promptly admit the violation after being confronted and accept the asserted period of ineligibility no later than 20 days after receiving a notice of charge.
If you're facing allegations related to sample collection violations, don't wait to seek experienced counsel who can work to achieve the best possible outcome for your case. Your athletic career is too important to leave to chance.
