Doping Violations In The UK: Convictions, Appeals And Consequences

• Published date: 04 May 2021
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Arbitration & Dispute Resolution, Sport
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Matthew Phillip

UK Anti-Doping (UKAD) is the organisation responsible for the implementation and management of anti-doping policy in the UK, and delivers testing, education and advice to competitive athletes within the UK.

Appeal/review process of a UK Anti-Doping violation

An athlete who has been charged by UKAD for a violation can either accept the conviction and any resulting ban (usually between two to four years) or they can dispute the allegations within a hearing. If an athlete contests the violation, the case will be referred to a National Anti-Doping Panel (NADP), where they will have the opportunity to reply to the charges and be legally represented. The NADP is a national tribunal and an appeal body for the UK which is entirely independent of sporting governing bodies and UKAD.

The panel consists of sport scientists, lawyers and medical professionals, and the cases are usually concluded within a matter of weeks. However, if the athlete or person suspected is participating in the Olympics, The Court of Arbitration for Sport (CAS) will hear the matter independently. This review process is becoming increasingly of use to athletes, as doping scandals continue to be prevalent.

The World Anti-Doping Agency (WADA) also includes a right of appeal against any decision rendered under the World Anti-Doping Code (WADC). Article 13 of the WADC sets out the rules applicable for results management and appeals. The timing of any appeal is often of critical importance to an athlete. Under 13.2.2 of WADC, if the hearing is held by NADP it must be:

• a timely hearing;
• include a fair, impartial and independent hearing panel;
• the athlete is to have the right to be represented by Counsel and
• a timely written reasoned decision is to be reached.

Further, under Article 13 of the WADC, those entitled to appeal include:

• the athlete or other person who is the subject of the decision being appealed;
• the other party to the case in which the decision was rendered;
• the relevant international federation;
• the national anti-doping organisation of the person's country of residence or countries where the person is a national or license holder;
• the IOC or International Paralympic Committee, as applicable where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and
• WADA.

Any appeal must be filed within 21 days from the date of receipt of the decision. All parties to any CAS...