WRU Anti-Doping Regulations

1. Policy Statement

1.1 - The Welsh Rugby Union Ltd (“WRU”) condemns Doping which is strictly forbidden and constitutes an offence under Resolution 10 of the Resolutions of the Board of Directors and under the Anti Doping Regulation of the International Rugby Board (“IRB Regulation 21”). The WRU is obliged by the International Rugby Board (“IRB”) to make Anti Doping Regulations, and the WRU’s Board of Directors is empowered to do so by virtue of the WRU’s Articles of Association (“the Articles”).

1.2 - IRB Regulation 21 in conjunction with the supplementary provisions of the WRU Anti Doping - Regulations applies to Anti-Doping issues within the jurisdiction of the WRU. 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 WRU’s Administration Manager.

2. IRB Regulation 21

2.1 - IRB Regulation 21, together with any amendments which may be made to it from time to time, is hereby adopted and is binding upon the WRU and upon:

a) Clubs, Regional Organisations and Affiliated Organisations as defined in the Articles (collectively referred to as “Clubs” in these Regulations).

b) All Persons, Players, Player Support Personnel and Player’s Representatives and Minors as defined in IRB Regulation 21 and who are under the WRU’s jurisdiction who must comply with the IRB’s Anti Doping Regulations and the WRU Anti-Doping Regulations

2.2 - Unless otherwise defined, or the context so requires, capitalised terms in the WRU Anti-Doping Regulations bear the meaning ascribed to them in IRB Regulation 21 and the following definitions or references in IRB Regulation 21 when applied to the WRU Anti - Doping Regulations shall have the following meanings:

“Board” where the context so requires, reference to the Board shall be a reference to the IRB or the WRU and/or to the “IRB and/or the WRU”;

“WRU Anti Doping Commissioner" shall mean a person appointed by the WRU to oversee the WRU Anti-Doping regulations and the IRB’s Anti-Doping Procedures and Guidelines at Venues where Doping Control may take place and other locations;

“Member Union” where the context so requires, reference to a Member Union shall be a reference to the WRU;

“Union” where the context so requires, reference to a Union shall be and/or shall include a reference to the WRU;

2.3 - Each Player and Peron must acquaint himself with the WRU Anti-Doping Regulations and the IRB Anti-Doping Regulations, including the Guidelines.

3. Doping Control under the WRU’s Jurisdiction

3.1 - These Regulations are supplemental to IRB Regulation 21 and shall apply to the conduct of Doping Control under the jurisdiction of the WRU pursuant to IRB Regulation 21.13. For the avoidance of doubt, where these Regulations are silent IRB Regulation 21 shall apply.

3.2 - In the event of any inconsistency between these Regulations and IRB Regulation 21 then IRB Regulation 21 shall prevail.

3.3 - These Regulations replace the WRU’s Anti Doping Regulations 2006-2007.

4. Requirement to undertake Doping Control

4.1 - In accordance with IRB Regulation 21.8 and 21.9 the WRU, the IRB, WADA and any Anti-Doping Organisation shall be entitled to conduct both In Competition and Out of Competition Doping Control which may be random or specific at any time and any place on a No Advance Notice basis or otherwise on Players and Minors within or under the jurisdiction of the WRU.

4.2 - Neither the WRU, or its designees, shall be liable for any inconvenience or loss resulting from Out of Competition Doping Control whether on a No Advance Notice basis or otherwise.

5. Clubs’ dutty to cooperate

It is the duty of each Club to assist the WRU in undertaking Doping Controls. Any Club which prevents, hinders or otherwise obstructs the carrying out of any such Doping Control shall be subject to disciplinary action by the WRU in accordance with Articles 20 to 23 in addition to the power to proceed with the appropriate charge for the commission of any Anti-Doping Rule Violations.

6. National Anti-Doping Organisation

6.1 - The WRU has appointed UK Sport as its Anti-Doping Organisation.

6.2 - All Samples collected by the WRU or the appointed Anti-Doping Organisation and the results of the analysis of such Samples shall remain the property of the WRU.

6.3 - Under IRB Regulation 21.10.5, the WRU has an obligation to assist UK Sport as its National Anti Doping Organisation in establishing a national level registered testing pool of top level national Players (“WRU Registered Testing Pool”) who may or may not already be included in the IRB’s Registered Testing Pool. Each Player selected for inclusion in the WRU Registered Testing Pool shall comply at all times with the requirements of UK Sport as its National Anti Doping Organisation, including, without limitation, the following:

a) on notification of selection into the WRU Registered Testing Pool, each Player shall provide personal details required for carrying out Testing, including details of any registered or other disabilities (including intellectual, sensorial or physical), in accordance with the UK Sport Anti-Doping Procedures Guide for Sport;

b) each Player in the WRU Registered Testing Pool shall file quarterly reports with UK Sport Anti-Doping Procedures Guide for Sport, specifying a minimum of one (1) location a day, for a minimum of five (5) days a week, identifying times on those days when a Player will be at that location for not less than one (1) hour. Locations could include, but are not limited to a Player’s place of residence, work or training venue. Players shall update this information as necessary so that it is current at all times. UK Sport may provide such information on a confidential basis to WADA for purposes of Out-of Competition testing by other Anti-Doping Organisations;

c) a Player in the WRU Registered Testing Pool who receives a written warning from UK Sport for failing to submit a required quarterly whereabouts report or necessary update as required by paragraph 6.3 (b) above and yet fails to file such report or update within 7 working days of receipt of the warning shall be deemed to have failed to comply with paragraph 6.3 (b) above. It shall be an Anti-Doping Rule Violation for a Player to fail three separate times in a period of eighteen (18) consecutive months to comply with paragraph 6.3 (b) above;

d) it shall be an Anti-Doping Rule Violation for any Player to miss a test (i.e. to be unavailable for testing at his declared whereabouts) without compelling justification, on three occasions during any period of eighteen (18) consecutive months. Notice will be sent by the Player in respect of each attempt which the WRU proposes to count as a missed test, inviting the Player to provide a written explanation for missing the test. If the WRU, acting in consultation with UK Sport or other relevant Anti-Doping Organisation, considers that the explanation provided shows that the Player was reasonably prevented from updating his most recent whereabouts report to notify UK Sport that he would not be available at that location or that there were exceptional circumstances why he was not available at that location, the attempt will not be counted as a missed test. Otherwise, however, the attempt will be counted as a missed test for the purposes of IRB Regulation 21.2.4. Such determination shall be without prejudice to the Player’s right to submit such explanation as part of his defence to any proceedings subsequently brought against him pursuant to the WRU Anti Doping Regulations;

e) a Player who is in the WRU Registered Testing Pool shall continue to be subject to the requirements set out in this Regulation 6.3 unless and until either he gives written notice to the WRU and UK Sport that he has retired from the Game or UK Sport and/or the WRU have informed him that he no longer satisfies the criteria for inclusion in the WRU Registered Testing Pool;

f) a Player who has retired from competition in the Game may not resume competing unless he makes himself available, by written notification of whereabouts information to the WRU and UK Sport, for Out-of-Competition Testing

6.4 - The WRU has not appointed an Anti-Doping Advisory Committee equivalent to that appointed by the IRB under IRB Regulation 21.7 

7. Analysis of Samples

The choice of WADA accredited laboratory at which Doping Control Samples shall be analysed shall be determined by the WRU subject to the IRB’s rights to make its own determination.

8. Admissions

8.1 - For the purposes of dispensing with the disciplinary process set out in these Regulations and IRB Regulation 21, a Player or Person may choose to admit that he/she has committed an Anti-Doping rule violation at any time including an admission of Anti-Doping rule violation which is not the subject of a Sample.

8.2 - For the purposes of this provision any such admission shall be evidenced in writing by the Player or Person making such admission.

8.3 - Where an admission is made in accordance with this Regulation it shall be for the WRU’s Regulatory Committee to impose a sanction in accordance with IRB Regulation 21.22.

9. Investigations

9.1 - Where the WRU has reasonable cause to believe that a Player, Person or Club may have committed an Anti-Doping rule violation it may carry out investigations in accordance with IRB Regulation 21.16.

9.2 - Any such Player, Person or Club shall co-operate with the WRU investigation.

9.3 - The WRU’s investigation shall be carried out in accordance with the procedures set out in IRB Regulation 21.16.3 save that the word “WRU” shall be substituted for the word “Board”.

10. Due Process

10.1 - When the WRU receives an Adverse Analytical Finding in respect of a Player’s “A” Sample the WRU shall arrange for the preliminary review of the case to be undertaken by its Group Chief Executive, WRU Anti-Doping Commissioner or other designee to establish if, pursuant to IRB Regulation 21.5, a TUE has been granted that explains the Adverse Analytical Finding or if there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that undermines the validity of the Adverse Analytical Finding.  Such preliminary review shall, ordinarily, be completed within three days. The representative or representatives undertaking the preliminary review may make further enquiries or investigations as it or they consider appropriate solely in relation to the existence or otherwise of a TUE or departures from the International Standards for Testing or Laboratory Analysis.

10.2 - If, following such preliminary review, it is decided that an Anti-Doping rule violation may have been committed, the WRU shall notify the Player concerned. The procedures set out in IRB Regulation 21.19.1 shall apply in respect of any Provisional Suspension of the Player concerned.

10.3 - “A” Sample Analysis

The provisions of and procedures set out in IRB Regulation 21.20.3 to 21.20.5 shall apply save that:

a) Player notification (for the purposes of IRB Regulation 21.20.3) shall be deemed to commence from the date that the Player has been notified of the Adverse Analytical Finding.

b) A Player may accept the results of the “A” Sample Adverse Analytical Finding by advising the WRU within 14 days of his/her being notified.

c) Notwithstanding such acceptance, the WRU may have the “B” Sample analysed.

d) The Player concerned shall be informed that he/she is entitled to a hearing before a WRU Judicial Committee

10.4 - “B” Sample Analysis

The provisions of and procedures set out in IRB Regulation 21.20.6 to 21.20.9 shall apply save that:

a) A representative of the Player’s Club may also be present at any “B” Sample analysis

b) Where the “B” Sample analysis gives rise to an Adverse Analytical Finding, which discloses the same Prohibited Substance(s) or use of a Prohibited Method detected in the main “A” Sample the Player concerned shall be notified. The Player shall be informed of his/her entitlement to a hearing before a WRU Judicial Committee.

11. Hearing Procedures

11.1 - Where the WRU believes that an Anti-Doping rule violation may have been committed it shall notify the Persons / Players / Player’s Support Personnel / Player’s Representative / Minor alleged to have committed the violation of his / her entitlement to a hearing before a WRU Judicial Committee.

11.2 - If a Person having been so notified does not request a hearing within 14 days of notification that Person shall be deemed to have waived his/her right to a hearing and shall be deemed to have accepted that he/she has committed an Anti-Doping rule violation. In that event, the Person concerned shall have 7 days in which to make submissions in writing in relation to the sanctions to be applied. It shall be for the WRU’s Regulatory Committee to apply a sanction in accordance with IRB Regulation 21.22. save that in the absence of a written submission from the Person concerned the prescribed sanction shall be imposed without reduction.

11.3 - Where the matter is referred to a WRU Judicial Committee the hearing procedures set out in IRB Regulation 21.20.11 and 21.20.12 shall apply (save that the words “WRU Judicial Committee” shall be substituted for “Board Judicial Committee”).

12. WRU Judicial Committee dealing with Anti-Doping Rule violations

12.1 The WRU Judicial Committee shall be appointed and the hearing(s) conducted in accordance with IRB Regulation 21.21 save that:

a) The words “WRU Judicial Committee” shall be substituted for “Board Judicial Committee”.

b) If a member of the Judicial Committee is unable or unwilling to hear the case the WRU may exercise its discretion in accordance with IRB regulation 21.21.2

c) A representative of the WRU (who may be a legal representative) shall attend at the hearing and present to the Judicial Committee the WRU’s case in relation to the alleged Anti-Doping rule violation.

d) It shall be for the WRU, subject to the direction of the Judicial Committee Chairman, to notify the Player, Person or entity concerned of the date, place and time of the hearing.

e) A Player, Person or entity concerned shall be entitled to be represented by an official of his Club or by legal counsel.

12.2 - The WRU shall keep the IRB, WADA and UK Sport advised of the status of proceedings before the WRU Judicial Committee and each of them is entitled to attend the hearing to observe the proceedings.

12.3 - Copies of the decisions of the WRU Judicial Committee and of the Post-Hearing Review Body shall be sent to the parties, to UK Sport and (by the WRU) to any other party who has a right of appeal under IRB Regulation 21.27 and/or WRU Anti- Doping Regulation 15.

13. Sanctions

The WRU Judicial Committee may reduce the period of ineligibility in an individual case where the Player, Person or entity concerned has provided substantial assistance to the WRU or Board in accordance with IRB Regulation 21.22.4(c).

14. Post-hearing Review Body

14.1 - A Player or Person or other entity who has been found by a WRU Judicial Committee or the WRU’s Regulatory Committee to have committed an Anti-Doping rule violation shall be entitled to have the finding and/or sanction referred to the WRU’s Post-Hearing Review Body. The WRU shall also be entitled to refer a case dealt with by a Judicial Committee to the WRU Post-Hearing Review Body whether a Player or Person in the case concerned has been found to have committed an Anti-Doping rule violation or otherwise.

14.2 - The referral to the WRU Post-Hearing Review Body shall be made in accordance with IRB Regulation 21.24 save that the notice of review must be lodged with the Group Chief Executive of the WRU.

14.3 - The WRU Post-Hearing Review Body shall be appointed and the hearing(s) conducted in accordance with IRB Regulation 21.25 save that the words “WRU Judicial Committee” shall be substituted for “Board Judicial Committee”.

15. Therapeutic Use

15.1 - Players to whom IRB Regulation 21.5.2 applies must make application for a Therapeutic Use Exemption (“TUE”) to the IRB. Other Players subject to Testing in accordance with IRB Regulation 21.5.3, must apply for a TUE from UK Sport,

15.2 - The WRU may also establish a further pool of Players not in the International or National Registered Testing Pools (the “Domestic Pool” ) who are required to obtain a TUE in accordance with WRU Anti Doping Regulation 15.3 prior to Using or Possessing the Prohibited Substance or Prohibited Method in question.

15.3.1 - Save where WRU Regulation 15.3.2 applies, a Player (other than a Player to whom IRB Regulation 21.5.2 applies, when the process in IRB Regulation 21.5.2 must be followed) requiring a TUE  must follow the process for standard TUE applications detailed in the UK Sport Anti-doping Procedures Guide for Sport.

15.3.2 - Where the International Standard for TUEs allows an abbreviated procedure to be used (generally in cases where the Prohibited Substance or Prohibited Method in question is recognised as appropriate for use to treat medical conditions frequently encountered in the Player population: see paragraph 8.2 of the International Standard for TUEs), the Player must follow the process for abbreviated TUE applications detailed in Schedule 4a to IRB Regulation 21.

15.4 - In addition to the rights of appeal set out in IRB Regulations 21.5.7 and 21.27.3, the WRU, UK Sport and/or WADA may appeal to CAS against the decision of the TUE appeal body overturning the original decision to deny TUE in respect of Players.

16. Unforeseen Circumstances

In the event that a doping related incident arises for which there is no provision in these Regulations or IRB Regulation 21 then the Group Chief Executive of the WRU or his nominee or the WRU’s Anti-Doping Commissioner may take such action as he considers appropriate in the circumstances in accordance with general principles of natural justice and fairness subject always to the right to the CEO of the IRB or his nominee to take action in accordance with IRB Regulation 21.30.

Doping Control Procedural Guidelines
The Doping Control Procedure Guidelines (“the Guidelines”) comprising Schedule 1 to IRB Regulation 21 should be followed as far as is reasonably practicable save that:

a) It shall be for the Club concerned to provide a Doping Control Station (Guideline 2).

b) Additionally, the Group Chief Executive of the WRU or the WRU Anti-Doping Commissioner or its Chief Executive shall have the right to request, without justifying the reason, that any Player undergo Doping Control at any time during a WRU tournament or designated event or match. This may be a directed rather than random selection and/or may be in addition to random selections (Guideline 4).

c) A WRU representative may additionally be present at any random draw (Guideline 4)

d) A Player may be subject to Doping Control on more than one occasion during any WRU tournament or designated event (Guideline 4)

e) It is a Player’s responsibility to ensure that he is aware of and complies with the WRU Anti-Doping Regulations and IRB Regulation 21 (Guideline 6)

f) In addition to those persons stipulated in paragraph 8 (a) of Schedule 1, a WRU representative is also authorised to attend the Doping Control Station (Guideline 8)

g) The WRU may by its Group Chief Executive or Anti-Doping Commissioner or Chief Executive select a player under its jurisdiction to undergo Doping Control at any time or place in accordance with Guideline 18 save that:

i. references in Guideline 18 to the “Board” shall be substituted by “the IRB and/or the WRU”.

ii. In addition to the requirements of paragraph 18 (e) of Schedule 1, Clubs on request from the WRU will be required to provide Player whereabouts details in accordance with Guideline 18

h) Notification of Players out of competition: Guideline 20 shall apply save that the words “the Board” shall be replaced by “the IRB and/or the WRU” in the following paragraphs:

20(b)
20(c)
20(d)
20(g)