Peter Bol: A case study in the need for interpretation & transparency in WADA's testing policies

Published Friday, 29 September 2023.

Position of the Russian Anti-Doping Agency regarding the decision of the WADA Executive Committee

According to Article 20.5 of the World Anti-Doping Code (hereinafter Code), it is not within the authority of a national anti-doping organization, such as RUSADA, to amend national legislation (in this case, the laws of the Russian Federation). RUSADA is not a governmental body, does not have the right to issue any legislation and has no right of legislative initiative.

Article 23.2 of the Code states that "The Signatories shall implement applicable Code provisions through policies, statutes, rules or regulations according to their authority and within their relevant spheres of responsibility."

The Code is implemented in Russia through the All-Russian Anti-Doping Rules, which are enacted in accordance with the Federal Law "On Physical Culture and Sport in the Russian Federation" of December 4, 2007, No. 329-FZ.

RUSADA has taken extensive measures to reinstate the agency's compliance status within the framework of its functions and powers. To date, WADA has not received any complaints about RUSADA's work regarding the application of the CAS Award.

RUSADA is currently evaluating the documents received to determine whether a notice of disagreement with WADA's decision is required. The subject of compliance evaluation may be brought to the Court of Arbitration for Sport (CAS) in Lausanne in the event of notice.

RUSADA continues to carry out its functions without limitations and in strict accordance with international standards and regulations.

Statement from UK Anti-Doping on Conor Benn VADA test

Statements released by UK Anti-Doping regarding Conor Benn

Last updated: 17 August 2023, 15:23 BST

17 August 2023

A UKAD spokesperson, said:

“UK Anti-Doping (UKAD) can today confirm that it has filed an appeal in respect of a decision handed down by the independent National Anti-Doping Panel regarding anti-doping proceedings brought by UKAD against Mr Conor Benn.

“As confirmed previously in UKAD’s statement on 28 July 2023, Mr Benn is no longer subject to a provisional suspension.

“The appeal process will now be followed in accordance with the UK Anti-Doping Rules.

"UKAD issues this statement in accordance with Article 14.3.4 of the World Anti-Doping Code and is not able to make any further public disclosures at this time.”

28 July 2023

A UKAD spokesperson, said:

“In April 2023 UK Anti-Doping (UKAD) took the exceptional step of publicly disclosing details of Mr Conor Benn’s provisional suspension and charge following reports from the media and comments made by Mr Benn himself. UKAD’s statement also confirmed that the case would follow the Results Management process in accordance with the UK Anti-Doping Rules.

“UKAD notes that Mr Benn has made further public comments today regarding proceedings before the independent National Anti-Doping Panel. UKAD can confirm Mr Benn is no longer provisionally suspended under the UK Anti-Doping Rules.

“The UK Anti-Doping Rules detail limited circumstances in which UKAD is able to make public disclosures about ongoing cases. They also set out a clear process within which cases can be heard and decisions can be handed down by the independent National Anti-Doping Panel. Where case decisions are handed down by a panel, the Rules provide all relevant parties with a right of appeal. Under the Rules, UKAD has 21 days from the date of receipt of a decision to file any appeal. UKAD carefully reviews all decisions in its cases before deciding whether to exercise its right of appeal.

“UKAD is not able to make any further public disclosures in accordance with the UK Anti-Doping Rules at this time.”

20 April 2023

A UKAD spokesperson, said:

“Following a public consultation in late 2020, and having considered the results of that consultation, UKAD’s Board decided in February 2021 that UKAD will not routinely publicly disclose the fact that an Athlete has been charged or provisionally suspended before a charge has been resolved. However, it was also recognised that there might be limited and rare examples where it is appropriate to do so in ‘exceptional circumstances’, as set out in UKAD’s Policy on Public disclosure of provisional suspensions and charges available here.

"Following reports in the media and comments made by professional boxer Mr Conor Benn on Tuesday 18 April 2023, and in exceptional circumstances, UK Anti-Doping (UKAD) confirms that Mr Benn was notified and provisionally suspended by UKAD on 15 March 2023 in accordance with the UK Anti-Doping Rules. Whilst provisionally suspended Mr Benn is prohibited from participating in any capacity (or assisting another Athlete in any capacity) in a Competition, Event or activity that is organised, convened, authorised or recognised by the British Boxing Board of Control or any other World Anti-Doping Code-compliant sport.

"UKAD can also confirm that on 3 April 2023 it charged Mr Benn with an Article 2.2 violation for the alleged Use of a Prohibited Substance (clomifene). The charge against Mr Benn is pending and will now follow the Results Management process in accordance with the UK Anti-Doping Rules.

"UKAD issues this statement in accordance with its Policy on Public disclosure of provisional suspensions and charges and Articles 7.10.7 and 7.11.5 of the UK Anti-Doping Rules. UKAD will not be providing any further comment at this stage.”

15 October 2022

UK Anti-Doping’s (UKAD) Chief Executive, Jane Rumble, said: “UKAD takes all matters of suspected doping activity very seriously. We act on all reports of doping and encourage anyone with information on suspected doping activity to come forward and share that with us in confidence via our Protect Your Sport initiative.

“UKAD will not comment publicly on the specific facts of any case that may or may not be ongoing. We do this to respect and ensure the confidentiality of information as required by the World Anti-Doping Code and other applicable laws and regulations. Athletes know their rights and responsibilities when it comes to anti-doping and we will continue to work tirelessly to remove anyone from sport that breaks the rules.”

6 October 2022

UK Anti-Doping (UKAD) Chief Executive, Jane Rumble said, “UKAD notes the reporting of a failed VADA test by the boxer Conor Benn with concern. UKAD acts on all reports of doping and always encourages anyone with information on suspected doping activity to come forward and share that with us.”

WADA removes three National Anti-Doping Organizations from compliance ‘watchlist’

WADA publishes 2022 Prohibited List

The World Anti-Doping Agency (WADA) is pleased to publish the 2022 List of Prohibited Substances and Methods (List); the 2022 Summary of Major Modifications and Explanatory Notes; and the 2022 Monitoring Program. The 2022 List was approved by WADA’s Executive Committee (ExCo) during its meeting on 14 September 2021 and comes into force on 1 January 2022.

Comparing Approaches to Anti-Doping: WADA, MLB, NBA, NHL, NFL & UFC: Part 2

Published Tuesday, 21 September 2021.

Statement on Shayna Jack decision

Sport Integrity Australia acknowledges the decision made by the Court of Arbitration for Sport to maintain the 2 year sanction imposed on Shayna Jack following an appeal process.

UCI Statement concerning Marcin Polak

The Union Cycliste Internationale (UCI) announces that the Polish rider Marcin Polak has been notified today of an Adverse Analytical Finding (AAF) for Erythropoietin (EPO)^{^[1]} in a sample collected during an out-of-competition doping control conducted on 2 August 2021.

WADA statement regarding CAS hearing – WADA v Sun Yang and FINA

The World Anti-Doping Agency (WADA) welcomes the ruling of the Court of Arbitration for Sport (CAS) in the case of WADA’s appeal against the Fédération Internationale de Natation (FINA) disciplinary panel decision related to an incident that led to a doping control involving Chinese swimmer Sun Yang not being completed as planned.

Athlete receives sanction

Sport Integrity Australia acknowledges the decision of Athletics Australia to sanction athlete Melanie Panayiotou for the presence and use of prohibited substances.

Masters Weightlifting Athlete Rebekah Koehly Accepts Sanction for Anti-Doping Rule Violation

U.S. Paralympic Archery Athlete Richard Burkett Accepts Sanction for Anti-Doping Rule Violation

FIS partners with ITA and UMIT Tyrol to build and implement clean sport education plans

U.S. Cycling Athlete Flavia Maria De Oliveira Paparella Accepts Sanction for Second Anti-Doping Rule Violation

AAA Panel Imposes One-Year Sanction on Wrestling Athlete Daton Fix for Anti-Doping Rule Violation

Wrestling Athlete Vladyslav Dombrovskiy Accepts Sanction for Anti-Doping Rule Violation

WADA suspends accreditation of New Delhi Laboratory for another period of up to six months

U.S. Softball Athlete Madilyn Nickles Found Not at Fault

U.S. Weightlifting Athlete Robert Ortiz Accepts Sanction for Second Anti-Doping Rule Violation

AAA Panel Imposes Four-Year Sanction on Cycling Athlete Daniel Bond

U.S. Paralympic Track and Field Athlete Justin Phongsavanh Accepts Finding of No Fault

U.S. Weightlifting Athlete Addison Jones Accepts Sanction for Anti-Doping Rule Violation

Brazilian Jiu-Jitsu Athlete Kaynan Duarte Accepts Sanction for Anti-Doping Rule Violation

WADA launches e-learning course for Medical Professionals

WADA launches first phase of 2027 World Anti-Doping Code and International Standards Update Process

Today, the World Anti-Doping Agency (WADA) launches the first phase of the 2027 World Anti-Doping Code & International Standards Update Process (2027 Code & IS Update Process) for which the Agency is soliciting your feedback by 22 December 2023*.

Background

The World Anti-Doping Code (Code) is the core document that harmonizes anti-doping policies, rules and regulations within sport organizations and among public authorities around the world. It works in conjunction with eight International Standards which aim to foster consistency among Anti-Doping Organizations in various areas.

The first Code was approved in January 2003, during the Second World Conference on Doping in Sport in Copenhagen. At that time, WADA committed to ensuring that the Code would be a living document subject to periodic review and that the process would be a collaborative and transparent exercise intended to further update and strengthen these documents to ensure their continued effectiveness for use and implementation.

In keeping with that commitment, the Code and International Standards have undergone subsequent review processes which resulted in the 2009, 2015, and 2021 Codes and International Standards.

2027 Code & IS Update Process

On 9 May 2023, WADA’s Executive Committee endorsed the approach, timetable, and drafting teams for the 2027 Code & IS Update Process, which will involve the simultaneous review and update of the Code and International Standards.

This is a two-year, multi-phase process, which is respectively summarized in the 2027 Code & IS Update Process – Timelines & Key Phases document and corresponding webinar presentation and is also outlined below:

Consideration of stakeholders’ feedback on the Code and International Standards;

Circulation of drafts of proposed amendments to the Code and International Standards;
Final versions of the Code and International Standards being presented for consideration and approval at the sixth World Conference on Doping in Sport, to be held in November 2025 in Busan, Republic of Korea; and
Updated 2027 Code and International Standards, entering into effect on 1 January 2027.

The following key points should be noted:

Not all International Standards will require the same degree of review. For example, the International Standard for Code Compliance by Signatories (ISCCS) has recently undergone a consultation process and an updated version will come into force in 2024. Consequently, it is expected that this International Standard will not require the same breadth of update.

A standalone International Standard for Intelligence and Investigations will be developed and come into force, and the current International Standard for Testing and Investigations will revert to a Standard dedicated solely to testing requirements.
The List of Prohibited Substances and Methods, which is also an International Standard, will be updated separately as part of its distinct annual stakeholder consultation process.
The relevant documentation provided over the course of the process will be in English; however, finalized French versions of the updated 2027 Code and International Standards will be made available following their approval.

2027 Code & IS Update Drafting Team Working Groups

Nine different drafting teams – one for the Code and each International Standard – have been formally constituted as Working Groups in accordance with WADA’s Governance Regulations and will be responsible for reviewing feedback from WADA stakeholders, providing expert advice and recommendations, and drafting proposed amendments to updated versions of the Code and International Standards.

The drafting teams are composed of internal members from WADA management and external experts from various Code Signatories and stakeholder organizations that have been appointed based on their relevant experience and knowledge in anti-doping and their areas of expertise.

To submit feedback

Stakeholders are invited to provide their feedback via WADAConnect, the Agency’s online consultation platform. In order to be considered for inclusion in the first drafts of the amended Code and International Standards to be published in May 2024, stakeholders must provide their feedback by:

*15 November 2023 for the International Standard for Education; and
22 December 2023 for the Code and all other International Standards.

Feedback is being requested on certain key concepts that have been identified as requiring consideration for update and have been organized into different ‘Concept Papers’ on WADAConnect. Stakeholders may also provide feedback on areas outside of these concepts.

For more information related to WADAConnect, please refer to the user guide.

In the interest of transparency, and because this is a public consultation, WADA will publish all comments received on its website at the end of the Stakeholder Engagement Phase. Stakeholder credentials, such as username, organization, and organization type, will be posted along with the comments unless WADA is otherwise notified by email at the address This email address is being protected from spambots. You need JavaScript enabled to view it..

While the drafting teams will carefully consider and review all comments, it cannot be guaranteed that they will individually address different stakeholders’ comments or that a given suggestion will be included in amended and updated versions of the Code and International Standards.

WADA Compliance Review Committee discusses key issues of compliance with the World Anti-Doping Code

On 24-25 August, the World Anti-Doping Agency’s (WADA’s) independent Compliance Review Committee (CRC) met in a hybrid fashion, for its second regular meeting this year, to discuss a range of important issues related to WADA’s World Anti-Doping Code (Code) Compliance Monitoring Program.

The CRC Chair, Mr. Henry Gourdji, who was accompanied by WADA Management in Montreal, lead discussions on the following matters:

New cases of Signatory non-compliance with the Code and International Standards, involving both legislation and Code Compliance Questionnaire (CCQ) cases; which, will be presented to WADA’s Executive Committee (ExCo) when they meet on 22 September 2023 (if the non-conformities discussed are not resolved by then);
The latest update on the reinstatement conditions imposed by the Court of Arbitration for Sport (CAS) in its award related to the case between WADA and the Russian Anti-Doping Agency (RUSADA);
An update on current non-compliant Signatories, including the Democratic People’s Republic of Korea (DPRK) and Gabon National Anti-Doping Organizations (NADOs) and the International Federation of Fitness and Bodybuilding (IFBB);
An update on the operations of Ukraine’s NADO and testing of Ukraine athletes. The Ukraine NADO has a suspended compliance case due to force majeure in relation to the ongoing Russian Federation invasion of Ukraine;
The latest on the amendments to the International Standard for Code Compliance by Signatories (ISCCS) following stakeholder consultation;
An update on the development and implementation of WADA’s Compliance Monitoring Program, including an update on anti-doping rules and legislation review, the CCQ and WADA’s Signatory audit program;
WADA’s progress on its Compliance Annual Plan for 2023 and risk management program.

The CRC also held two virtual in-camera sessions on 22 and 23 August to prepare, review and discuss documentation received for the meeting.

The CRC is responsible for providing independent advice, guidance and recommendations to WADA’s management and governing bodies on matters relating to Signatories' compliance with the Code.

The CRC Chair will report to WADA’s ExCo meeting on 22 September.

U.S. Boxing Athlete Arika Skoog Accepts Sanction for Anti-Doping Rule Violation

How could CrossFit’s anti-doping policy be strengthened?

Published Wednesday, 02 February 2022.

Comparing Approaches to Anti-Doping: WADA, MLB, NBA, NHL, NFL & UFC: Part 3

Published Tuesday, 21 September 2021.

Comparing Approaches to Anti-Doping: WADA, MLB, NBA, NHL, NFL & UFC: Part 1

Published Tuesday, 21 September 2021.

U.S. Track & Field Athlete Eliud Ngetich Accepts Sanction for Anti-Doping Rule Violation

USADA announced today that Eliud Ngetich, of El Doret, Kenya, an athlete in the sport of track and field, has accepted a two-year period of ineligibility for an anti-doping rule violation committed under the 2009 version of the World Anti-Doping Code.

U.S. Track & Field Athlete Sha’Carri Richardson Accepts Sanction for Anti-Doping Rule Violation

Romanian Weightlifting Federation suspended upon referral by the ITA

The International Testing Agency (ITA) confirms that the International Weightlifting Federations’ (IWF’s) Member Federation Independent Sanctioning Panel has imposed a one-year suspension against the Romanian Weightlifting Federation as a consequence of numerous Anti-Doping Rule Violations.

Erik Koch Accepts Sanction for Violation of UFC Anti-Doping Policy

USADA announced today that Erik Koch, of Cedar Rapids, Wisc., has accepted an 18-month sanction for a violation of the UFC^® Anti-Doping Policy (UFC ADP).