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

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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of, or affiliated to, or licensed by the National Cricket Federation, and any accreditation previously issued shall be withdrawn. 7.7 Responding to the Notice of Charge 7.7.1 A Notice of Charge sent to a Cricketer in accordance with Article 7.2.3 or Article 7.4.5 or to a Cricketer or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 -
7.7.3 Where the Cricketer or Cricketer Support Personnel does request a hearing in accordance with Article 7.7.1, the matter shall proceed to a hearing in accordance with Article 8. ARTICLE 8 RIGHT TO A FAIR HEARING 8.1 Hearings under the Rules 8.1.1 Hearings under these Rules shall be conducted in accordance with this Article 8 and (save to the extent inconsistent with this Article 8) the procedural rules of the National Anti-Doping Panel administered by Sport Resolutions (UK). 8.1.2 Where the National Cricket Federation alleges that a Cricketer or Cricketer Support Personnel has committed an anti-doping rule violation, and the Cricketer or Cricketer Support Personnel denies the allegation, and/or disputes the Consequences to be imposed for such violation under the Rules, then the case shall be referred to the National Anti-Doping Panel administered by Sport Resolutions (UK) (the "Anti-Doping Panel") for adjudication. 8.1.3 The President of the Anti-Doping Panel shall appoint three members from the Anti-Doping Panel (which may include the President) to sit as the Anti-Doping Tribunal to hear each case. Each Anti-Doping Panel member appointed to the Anti-Doping Tribunal shall be independent of the National Cricket Federation. At least one appointed member of the Anti-Doping Tribunal shall be a lawyer, and shall sit as the Chairman of the Anti-Doping Tribunal. The parties shall be advised of the identities of the appointed members of the Anti-Doping Tribunal and furnished with each appointed member’s written declaration of independence. 8.1.4 The Chairman of the Anti-Doping Tribunal shall convene a preliminary hearing with the National Cricket Federation and its legal representatives, and with the Cricketer or Cricketer Support Personnel and his/her legal representatives (if any). The preliminary hearing should take place as soon as possible by telephone conference call unless the Chairman determines otherwise. The non-participation of the Cricketer or Cricketer Support Personnel or his/her representatives at the preliminary hearing, after proper notice of the preliminary hearing has been provided, shall not prevent the Chairman of the Anti-Doping Tribunal from proceeding with the preliminary hearing, whether or not any written submissions are made on behalf of the Cricketer or Cricketer Support Personnel. 8.1.5 The purpose of the preliminary hearing shall be to allow the Chairman to address any preliminary issues. In particular (but without limitation), the Chairman shall: 8.1.5.1 determine the date(s) upon which the full hearing shall be held; 8.1.5.2 establish dates reasonably in advance of the date of the full hearing at which: (a) the National Cricket Federation shall submit an opening brief with argument on all issues that the National Cricket Federation wishes to raise at the hearing and a list of the witnesses that the National Cricket Federation intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of the 25 - 24 -
Page 1: ECB Anti-Doping Rules 2013 www.ecb.
Page 5 and 6: TABLE OF CONTENTS ARTICLE 1 SCOPE A
Page 7 and 8: esults management exercise, and/or
Page 9 and 10: ule violation under Article 2.1; no
Page 11 and 12: alance of probability, except where
Page 13 and 14: amount to an anti-doping rule viola
Page 15 and 16: question in accordance with the TUE
Page 17 and 18: compliance with Paragraph 1 of the
Page 19 and 20: 5.5 Liability for Testing consented
Page 21 and 22: there has been an apparent departur
Page 23 and 24: 7.3.5.1 If the National Cricket Fed
Page 25: een committed, the National Cricket
Page 29 and 30: However, the non-attendance of the
Page 31 and 32: 10.3.2 For a violation of Article 2
Page 33 and 34: FFMT (Filing Failures and/or Missed
Page 35 and 36: 10.7.4 Additional Rules for Certain
Page 37 and 38: 10.10.1.2 A Cricketer or Cricketer
Page 39 and 40: the National Cricket Federation; an
Page 41 and 42: 13.3.3 The Appeal Panel shall hear
Page 43 and 44: party making such request shall hav
Page 45 and 46: espected by the National Cricket Fe
Page 47 and 48: APPENDIX 1 - DEFINITIONS ADAMS: The
Page 49 and 50: and other international multi-sport
Page 51 and 52: collection, Sample handling, and Sa
Page 53 and 54: THE 2013 PROHIBITED LIST WORLD ANTI
Page 55 and 56: For purposes of this section: * “
Page 57 and 58: PROHIBITED METHODS M1. MANIPULATION
Page 59 and 60: * The following substances included
Page 61 and 62: APPENDIX 3 - THE CRICKET TESTING PR
Page 63 and 64: 2.1.2 the persons identified at IST

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