ECB Anti-Doping Rules 2013 - Ecb - England and Wales Cricket ...

7.6.3.3 some other facts exist that make it clearly unfair, in all of the
circumstances, to impose a Provisional Suspension prior to a full
hearing on the merits of the charge(s) against the Cricketer or
Cricketer Support Personnel. This ground is to be construed
narrowly, and applied only in truly exceptional circumstances. For
example, the fact that the Provisional Suspension would prevent the
Cricketer participating in a particular Match shall not qualify as
exceptional circumstances for these purposes.
7.6.4 If a Provisional Suspension is imposed based on an Adverse Analytical
Finding in respect of an A Sample, and any subsequent analysis of the B
Sample analysis does not confirm the A Sample analysis, then the Cricketer
shall not be subject to any further Provisional Suspension on account of a
violation of Article 2.1 (presence of a Prohibited Substance or its Metabolites
or Markers).
7.6.5 During the period of any Provisional Suspension, a Cricketer or Cricketer
Support Personnel may not play, coach or otherwise participate or be
involved in any capacity in any Match or any other function, event or activity
that is authorised, organised, sanctioned, recognised or supported in any way
by the National Cricket Federation or by any body that is a member of, or
affiliated to, or licensed by the National Cricket Federation. Without prejudice
to the generality of the foregoing, the Cricketer or Cricketer Support
Personnel may not be given accreditation for, or otherwise granted access to,
any Match or any other function, event or activity to which access is
controlled by the National Cricket Federation or by any body that is a member
of, or affiliated to, or licensed by the National Cricket Federation, and any
accreditation previously issued shall be withdrawn.
7.7 Responding to the Notice of Charge
7.7.1 A Notice of Charge sent to a Cricketer in accordance with Article 7.2.3 or
Article 7.4.5 or to a Cricketer or Cricketer Support Personnel in accordance
with Article 7.5.6 shall also specify that, if the Cricketer or Cricketer Support
Personnel wishes to exercise his/her right to a hearing before the Anti-Doping
Tribunal, he/she must submit a written request for such a hearing so that it is
received by the Anti-Doping Manager as soon as possible, but in any event
within fourteen (14) days of the receipt by the Cricketer or Cricketer Support
Personnel of the Notice of Charge. The request must also state how the
Cricketer or Cricketer Support Personnel responds to the charge(s) and must
explain (in summary form) the basis for such response.
7.7.2 If the Cricketer or Cricketer Support Personnel fails to file a written request
for a hearing before the Anti-Doping Tribunal in accordance with Article 7.7.1
by the deadline specified in that Article, then the Cricketer or Cricketer
Support Personnel shall be deemed:
7.7.2.1 to have waived his/her entitlement to a hearing;
7.7.2.2 to have admitted that he/she has committed the anti-doping rule
violation(s) specified in the Notice of Charge; and
7.7.2.3 to have acceded to the Consequences specified in the Notice of
Charge.
In such circumstances, a hearing before the Anti-Doping Tribunal shall not be
required. Instead, the National Cricket Federation shall promptly issue a
public decision confirming the commission of the anti-doping rule violation(s)
specified in the Notice of Charge and the imposition of the Consequences.
24
- 23 -