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Disciplinary Regulations for 2007/2008 Season (Appendix 10)

APPENDIX 10

ADDITIONAL ANTI-DOPING PROVISIONS

1.     Policy Statement

1.1.  The Rugby Football Union (RFU) condemns doping in sport.  The International Rugby Board (iRB) has adopted anti-doping regulations (the iRB’s Anti-Doping Regulations).  The iRB has also adopted Doping Control Procedural Guidelines (the iRB’s Guidelines).  The iRB’s Anti-Doping Regulations apply to each Union in membership of the Board and to each of their constituents.

1.2.  The RFU hereby adopts as its anti-doping regulations, the iRB’s Anti-Doping Regulations (as amended from time to time) with the additional provisions set out in paragraphs 2 to 6 below.  The RFU also adopts the iRB’s Guidelines as its doping control procedural guidelines (as amended from time to time).  The iRB’s Anti-Doping Regulations and Guidelines and the list of prohibited substances and techniques are available from the iRB’s website (www.irb.com) or on request from the RFU’s Disciplinary Manager.  Words and expressions in these anti-doping regulations shall have the same meaning as in the iRB’s Anti-Doping Regulations.

2.     Therapeutic Use

Any Player not falling within the provisions of iRB Anti-Doping Regulation 21.5.2 must obtain their TUE from the RFU.  The RFU must be notified of a Player’s request for a TUE using the standard or abbreviated TUE form, which can be obtained from the RFU’s Operations Department.  The TUE form should be completed by the Club Doctor or in his/her absence by the Player’s General Practitioner.  The relevant form, duly completed and signed by the Player, must be returned to Chris Burns, Operations Department, Rugby Football Union, Rugby House, Rugby Road, Twickenham, TW1 1DS.  Standard TUE forms are valid for a period of 12 months from receipt.

3.     Whereabouts Information

3.1.  The RFU shall (in addition to the International Level Players falling within Regulation 12.10.1 of the iRB’s Anti-Doping Regulations) identify a pool of Players who will be required to provide up to date whereabouts information to the RFU Operations Department for the purpose of Out-of competition Testing.  Such information shall be provided to the RFU Operations Department (for the attention of Chris Burns as above) on request and shall specify where the Player is residing, training and playing along with appropriate times and dates.  Players shall also keep the RFU Operations Department updated as to any changes to or additional information in relation to the provided Player whereabouts information that occurs.

3.2.  Any Player in the RFU’s registered testing pool who is unavailable for Testing on three attempts during any period of six consecutive months shall be considered to have committed an anti-doping rule violation pursuant to iRB Anti-Doping Regulation 21.2.4.  For each attempt, the Doping Control Officer shall visit all locations during the dates/times specified by the Player for that date and shall stay two hours at each location.  Notification shall be sent to the Player of each attempt, which is to be counted as an unavailable test.

3.3.  Any Player in the RFU’s registered testing pool who fails to submit timely whereabouts information after receipt of two formal written warnings from the RFU to do so in the preceding three months, shall be considered to be have committed an anti-doping rule violation pursuant to iRB Anti-Doping Regulation 21.2.4.

4.     Notification

4.1.  Where a player elects to have the RFU conduct the appropriate investigation and hearing pursuant to iRB Anti-Doping Regulation 21.14.17 the provisions set out in this paragraph shall apply.

4.2.  The RFU’s Legal Officer or (if unavailable) a replacement nominated by the RFU Disciplinary Officer shall decide if there is a case to answer.  The decision will be communicated to the Player and the Disciplinary Officer.
4.3.  If there is a case to answer, the Disciplinary Officer shall appoint the Disciplinary Tribunal. All hearings of the Disciplinary Tribunal appointed in such a case shall be carried out in accordance with the RFU’s disciplinary procedures.

5.     Post Hearing Review Body

The RFU may establish its own post hearing review body to review any decision of a Disciplinary Tribunal.  The decision of the RFU Disciplinary Tribunal shall remain in full force and effect until the decision of the RFU’s post hearing review body.  That body shall have all the powers and obligations as set out in iRB Anti-Doping Regulation 21.25.

6.     Appeals

For Players and decisions not caught by iRB Anti-Doping Regulation 21.27.2, the Player and the RFU shall have the right to appeal any decision of the RFU Disciplinary Tribunal and the RFU post hearing review body within 21 days of the decision.  If a Player does so appeal, the Disciplinary Officer shall appoint the appeal panel.  All hearings of the appeal panel appointed in such a case shall be carried out in accordance with the RFU’s disciplinary procedures.

 
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