REGULATION 21 APPENDIX 2 degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Player or other Person was involved. Comment 52 (Definition of In-Competition): World Rugby, Tournament Organiser, or ruling body for an Event may establish an “In-Competition” period that is different than the Event Period. Comment 53 (Definition of International-Level Player): Consistent with the International Standard for Testing and Investigations, World Rugby is free to determine the criteria it will use to classify Players as International-Level Players. Comment 54 (Definition of No Significant Fault or Negligence): For Cannabinoids, a Player may establish No Significant Fault or Negligence by clearly demonstrating that the context of the Use was unrelated to sport performance. Comment 55 (Definition of Player): This definition makes it clear that all International- and National-Level Players are subject to the Anti-Doping Rules and the Code.. The definition also allows each National Anti-Doping Organisation, if it chooses to do so, to expand its anti-doping program beyond International- or National-Level Players to competitors at lower levels of Competition or to individuals who engage in fitness activities but do not compete at all. Thus, a National Anti-Doping Organisation could, for example, elect to test recreational-level competitors but not require advance TUEs. But an anti-doping rule violation involving an Adverse Analytical Finding or Tampering results in all of the Consequences provided for in the Code (with the exception of Regulation 21.14.3.2). The decision on whether Consequences apply to recreational-level Players who engage in fitness activities but never compete is left to the National Anti-Doping Organisation. In the same manner, a Major Event Organisation holding an Event only for masters-level competitors could elect to test the competitors but not analyse Samples for the full menu of Prohibited Substances. Competitors at all levels of Competition should receive the benefit of anti-doping information and education. Comment 56 (Definition of Possession): Under this definition, steroids found in a Player's car would constitute a violation unless the Player establishes that someone else used the car; in that event, the Anti-Doping Organisation must establish that, even though the Player did not have exclusive control over the car, the Player knew about the steroids and intended to have control over the steroids. Similarly, in the example of steroids found in a home medicine cabinet under the joint control of a Player and spouse, the Anti-Doping Organisation must establish that the Player knew the steroids were in the cabinet and that the Player intended to exercise control over the steroids. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third party address. Comment 57 (Definition of Provisional Hearing): A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. Following a Provisional Hearing, the Player remains entitled to a subsequent full hearing on the merits of the case. By contrast, an “expedited hearing,” as that term is used in Regulation 21.8.1, is a full hearing on the merits conducted on an expedited time schedule. Last update: 14 January, 2015 409
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