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

10.3.2 For a violation of Article 2.4 (Filing Failures and/or Missed Tests) that is the
Cricketer’s first offence, the period of Ineligibility imposed shall be at a
minimum one year and at a maximum two years, depending upon the
Cricketer’s degree of fault.
10.3.3 For a violation of Article 2.7 (Trafficking or Attempted Trafficking) or Article
2.8 (administration or Attempted administration of Prohibited Substance or
Prohibited Method) that is the Cricketer or Cricketer Support Personnel’s first
offence, the period of Ineligibility imposed shall be a minimum of four years
up to lifetime Ineligibility unless the conditions provided in Article 10.5 are
met. Provided that:
10.3.3.1 an anti-doping rule violation involving a Minor shall be considered a
particularly serious violation and, if committed by a Cricketer
Support Personnel in relation to violations other than those
involving Specified Substances, shall result in lifetime Ineligibility for
such Cricketer Support Personnel; and
10.3.3.2 significant violations of Article 2.7 or 2.8 which also violate nonsporting
laws or regulations shall be reported to the competent
administrative, professional or judicial authorities.
10.4 Elimination or Reduction of the Period of Ineligibility for Specified Substances
under Specific Circumstances
10.4.1 Where a Cricketer can establish how a Specified Substance entered his/her
body or came into his/her Possession or a Cricketer Support Personnel can
establish how a Specified Substance came into his/her Possession and, in each
case, that such Specified Substance was not intended to enhance the
Cricketer’s sport performance or to mask the Use of a performance-enhancing
substance, the period of Ineligibility established in Article 10.2 shall be replaced
(assuming it is a first offence) with, at a minimum, a reprimand and no period of
Ineligibility, and at a maximum, a period of Ineligibility of two years.
10.4.2 To qualify for any elimination or reduction under this Article, the Cricketer or
Cricketer Support Personnel must produce corroborating evidence in addition to
his/her word that establishes, to the comfortable satisfaction of the National
Cricket Federation or, if the matter proceeds to a hearing in accordance with
Article 8, the Anti-Doping Tribunal, the absence of an intent to enhance sport
performance or to mask the Use of a performance-enhancing substance.
10.4.3 Where the conditions set out in Articles 10.4.1 and 10.4.2 are satisfied, the
degree of fault of the Cricketer or Cricketer Support Personnel shall be the
criterion considered in assessing any reduction of the period of Ineligibility.
10.5 Elimination or Reduction of Period of Ineligibility Based on Exceptional
Circumstances
10.5.1 No Fault or Negligence
If a Cricketer or Cricketer Support Personnel establishes in an individual case
that he/she bears No Fault or Negligence in respect of the anti-doping rule
violation in question, the otherwise applicable period of Ineligibility shall be
eliminated. When the anti-doping rule violation is under Article 2.1 (presence
of a Prohibited Substance or its Metabolites or Markers), the Cricketer must
also establish how the Prohibited Substance entered his/her system in order
to have the period of Ineligibility eliminated. In the event this Article is applied
and the period of Ineligibility otherwise applicable is eliminated, the antidoping
rule violation shall not be considered a violation for the limited
29
- 28 -