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World Rugby Handbook

REGULATION 21 APPENDIX 2 discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Player or other Person has taken affirmative action to avoid detection. In these circumstances, the flexibility provided in this Regulation to start the sanction at an earlier date should not be used. Comment 37 (Regulation 21.10.11.3.2): A Player’s voluntary acceptance of a Provisional Suspension is not an admission by the Player and shall not be used in any way as to draw an adverse inference against the Player. Comment 38 (Regulation 21.10.11): Regulation 21.10.11 makes clear that delays not attributable to the Player, timely admission by the Player and Provisional Suspension are the only justifications for starting the period of Ineligibility earlier than the date of the final hearing decision. Comment 39 (Regulation 21.10.12.1): For example, subject to Regulation 21.10.12.2, an Ineligible Player cannot participate in a training camp, exhibition or practice organised by his Member Union or Club, Rugby Body or any entity which is a member of that National Federation or which is funded by a governmental agency. Further, an Ineligible Player may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, the National Football League etc.), Events organised by a non-Signatory International Event organisation or a non-Signatory national-level event organisation without triggering the Consequences set forth in Regulation 21.10.12.3. The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organisation described in this Regulation. Ineligibility imposed in one sport shall also be recognised by other sports (see Regulation 21.15.1, Mutual Recognition). Comment 40 (Regulation 21.10.12.2): In many Team Sports and some individual sports, a Player cannot effectively train on his own so as to be ready to compete at the end of the Player’s period of Ineligibility. During the training period described in this Regulation, an Ineligible Player may not compete or engage in any activity described in Regulation 21.10.12.1 other than training. Comment 41 (Regulation 21.10): Harmonisation of sanctions has been one of the most discussed and debated areas of anti-doping. Harmonisation means that the same rules and criteria are applied to assess the unique facts of each case. Arguments against requiring harmonisation of sanctions are based on differences between sports including, for example, the following: in some sports the Players are professionals making a sizable income from the sport and in others the Players are true amateurs; in those sports where an Player's career is short, a standard period of Ineligibility has a much more significant effect on the Player than in sports where careers are traditionally much longer. A primary argument in favour of harmonisation is that it is simply not right that two Players from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports. In addition, flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organisations to be more lenient with dopers. The lack of harmonisation of sanctions has also frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping Organisations. Last update: 14 January, 2015 407


World Rugby Handbook
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