Olympic Games 1996

THE RULES AND REGULATIONS OF THE IYRU DOPING CONTROL

International Yacht Racing Rules 1993 - 1996

Part III - General Requirements

17 Banned Substances and Banned Methods

17.1 (a) A competitor shall neither take a substance nor use a method banned by the current edition of the IYRU Medical Lists. (To be found in Appendix A of this Booklet Pages 11-17)

(b) A competitor selected for testing shall not refuse to be tested and shall appear at a control centre when required by a sampling officer.

(c) Competitors are subject to the control, procedures and penalties prescribed in Appendix A2 and the IYRU Doping Control Procedures (To be found on pages v-vi of this Booklet)

17.2 Notwithstanding rules 68 and 70, an alleged infringement of this rules shall not be grounds for a protest.

17.3 No control or testing shall be initiated at any event without the written authority of the IYRU or of the national authority having jurisdiction over the event.

Appendix A2 Ñ Banned Substances and Banned Methods

Governmental requirements override any conflicting parts of this appendix.

Doping is the taking or using by a competitor of a substance or a method banned by the IYRU. Doping is governed by rule 17, this appendix, the Medical Lists (containing the official lists of doping classes and methods, medicines that may be taken, and laboratories accredited for doping control) and Doping Control Procedures (the medical procedure leaflet).

1 General

1.1 The IYRU publishes the Medical Lists, Doping Control Procedures and Doping Control Forms which are available to national authorities and competitors on request.

1.2 The IYRU has adopted a schedule of penalties applicable in the event of a positive test or a refusal to be tested. This schedule is available on request. (Note the scale of penalties is found below under heading 16 Medical Code 3.9 as adopted November 1995)

2 Initiation of Doping Control

The IYRU or a national authority within its own jurisdiction may at any time initiate medical testing to control doping. A sampling officer shall be appointed to execute or supervise the procedure.

3 Selection at Events of Competitors to be Tested

3.1 (a) The protest committee shall select the finishing places of competitors to be tested each day. This may be by means of a draw or by such other arrangement as may be decided by the protest committee. When there is more than one competitor in each yacht, any or all may be selected.

(b) The IYRU or an initiating national authority may order a named competitor to be tested.

(c) A competitor may be tested more than once during an event.

3.2 The race committee shall give the sampling officer the names of those competitors who finished in the selected places.

4 Procedure

4.1 (a) The sampling officer or his representative shall inform a competitor by written notice, in confidence, that he/she has been selected for testing and is required to provide a urine sample at the time and place specified in the notice. The notice shall also specify the name of the sampling officer appointed for the event and of the designated laboratory to which specimens will be sent.

(b) The competitor shall acknowledge receipt of the notice, and the time of its delivery shall be recorded by the sampling officer or his/her representative.

(c) The competitor may be accompanied by one person of his/her choice.

(d) The Medical Lists (See Part A of this Booklet) and Doping Control Procedures (See Part One of this Booklet) shall be available to the competitor on request.

(e) A competitor who fails to appear at the appointed time and place or who refuses to provide a sample shall be removed, together with the yacht involved, from the event and all its results. The protest committee shall initiate a hearing in accordance with the rules of Part VI, Section B, to investigate the circumstances and report its findings to the IYRU or to the initiating national authority, and to the national authority of the competitor.

4.2 The doping control team shall act in accordance with Doping Control Procedures and shall explain the procedures to the competitor.

4.3 The competitor shall be given a copy of the doping control form and shall sign it to indicate that he has been informed of the procedures.

4.4 The competitor shall provide a postal (or fax) address at which, for the next 60 days, he may be informed of the result of the test of sample B.

4.5 Failure by a competitor to acknowledge receipt of the notice, to sign the form or to provide an address will not to be grounds for setting aside any penalty imposed for an infringement of rule 17.1.

5 Sampling and Results

5.1 The competitor shall provide a urine sample which will be divided into two samples, A and B, and sent to the designated laboratory.

5.2 When sample A is negative, the sampling officer shall so inform the competitor immediately and no further action shall be taken.

5.3 When sample A is positive:

(a) the initiating authority shall so inform the competitor and his national authority immediately. No race results shall be altered at this stage; and

(b) the laboratory will proceed to test sample B. The competitor or his/her representative may be present at the testing.

5.4 (a) When sample B is negative, the initiating authority shall so inform the competitor and his/her national authority, and no further action shall be taken.

(b) When no result has been obtained from sample B after 60 days from the date of the race, the test shall be considered void and no further action shall be taken.

5.5 When sample B is positive, the IYRU or the initiating national authority will, in writing, inform the competitor at the address provided (see paragraph 4.4) and his/her national authority. The IYRU will inform the national authority having jurisdiction over the event.

5.6 (a) Any positive result of a medical test shall be reported promptly by the initiating national authority to the IYRU.

(b) Any penalties imposed by the national authority for infringements of rule 17.1(a) or (b) shall promptly be reported to the IYRU.

6 Appeal Procedure

6.1 The competitor has 20 days from the date of the communication sent to him in accordance with paragraph 5.5 to appeal to the International Medical Commission (IMC) of the IYRU. When after 20 days the competitor has not appealed, his national authority and that of the event will be notified of this fact.

6.2 Upon expiry of the time for submitting an appeal, penalties will be applied, and the competitor and the yacht in which he/she was sailing shall be removed from the results of the event.

7 Exemptions

7.1 A competitor may request, in writing, prior approval from the IMC for the use of a banned substance or a banned method for special medical reasons. The reasons shall be stated and supported with medical evidence from a doctor. (Note the IMC may give dispensation for events held under IYRU rules. In Olympic competition dispensations also has to be granted by the IOC Medical Commission).

7.2 In offshore races of more than 50 nautical miles, the use during the race of any banned substance or banned procedure for emergency medical treatment shall be reported promptly to the protest committee, which shall inform the appropriate national authority and the IYRU. The IMC may grant dispensation for such use.

8 Suspension of IYRU Eligibility

8.1 In addition to any penalty imposed under paragraph 1.2, a competitor who has infringed rule 17 may have his IYRU eligibility suspended in accordance with Appendix A1 of IYRR.

8.2 The competitor has the right to appeal as provided in Appendix A1 of IYRR to the Court of Arbitration for Sports (See IOC Medical Code Chapter X Article 1.)

9 Competitor's Expenses

Any expenses incurred in connection with this appendix by a competitor shall be his responsibility.

NOTE: Appendix A1 - Competitors Eligibility Code. See section 5 Suspension of IYRU Eligibility 5.1 "a competitors iyru eligibility shall be promptly suspended with immediate effect, permanently or for a special period of time, after proper inquiry by the national authority if the competitor or by the iyru executive committee.:"

(b) For infringing rule 17.1

DOPING CONTROL PROCEDURES OF THE IYRU

The competitor should declare in writing at the time of the test any aspect of the test of which he or she may have doubts, and record these facts in note form which they should retain and may subsequently wish to produce in evidence should the sample prove positive.

The International Yacht Racing Rules (Rules 1993-96) contain two sections which relate to "doping control" under the headings Banned Substances and Banned Methods.

Part III General Requirements: 17 Banned Substances & Banned Methods 17.1 (a), (b), (c) 17.2, 17.3

Appendix A2 Banned Substances & Banned Methods 1 to 9 inclusive

The IYRU Booklet 1 "a guide to competitors" contains the official IYRU lists of doping classes and methods in its Appendix A which is updated annually. The list of doping classes and methods shall be the current list published for the year in which the competition, in which a competitor has been selected for testing, takes place.

The Procedure shall follow that detailed in IYRR Appendix A2 (IYRR) 4 together with the requirements of the Medical Code (Regulation 16) 2 Sample Taking.

"the testing authority shall use only an ioc accredited laboratory which has been published in the current ioc list of accredited laboratories."

The sampling containers and methods of sealing after use vary. Whatever system is used the following shall apply:

The selected competitor shall be clearly identified to the satisfaction of the Sampling Officer to be the required competitor and to be no one else.

The competitor shall have a free choice from a number of collecting vessels which shall be in sealed containers.

Only the competitor shall touch the collecting vessel after he or she has withdrawn this from its packaging until it is disposed of after use.

The competitor shall void a sample of urine into the collecting vessel under the observation of the designated Sampling Officer. No other persons shall be present in the sample collecting room at that time. The Sampling Officer shall be of the same sex as the competitor.

The competitor shall be offered a free choice from several pairs of sealed containers. containing bottles into which the urine samples is to be placed. Two containers/bottles are to be selected. One for sample A and one for sample B.

Having chosen the two containers/bottles, the competitor is asked to pour a part of the urine sample into each bottle and to secure the top upon the bottles. The volume to be poured into each bottle will be indicated by the Sampling Officer. If enough urine has not been passed, the bottles/containers shall be sealed to the satisfaction of the competitor. The competitor shall remain at the testing station until able to pass further urine to the total volume required. The competitor shall observe the seals upon the part filled bottles before they are re-opened to ensure that they are unchanged from their condition at the time of sealing of the first part of the sample. If satisfied that the bottles are the ones in which the first part of the urine sample was stored within, the competitor shall then divide the supplementary sample of urine between the two bottles to the total volume required by the Sampling Officer.

The competitor shall then observe the samples being secured within the type of container used by the IOC Accredited Laboratory in question, and will be presented with written documentation signed by the Sampling Officer listing the code numbers and or letters which identify the sample as belonging to that competitor.

The competitor shall be asked if he or she is satisfied with the conduct of the testing officer and of the testing staff in respect of there being a free choice of sealed collecting vessels, bottles and containers, and that no one other than the competitor handled the urine sample until it was secured and sealed within its containers. If not satisfied, the competitor shall indicate points of dissatisfaction upon the collecting document which is forwarded with the urine to the laboratory. The competitor shall also be responsible for ensuring that the name and details recorded are those that apply to his or her self, and do not relate to another competitor.

Competitors are warned that failure to check bottle/container numbers or to note irregularities in the sampling process at the time may later be regarded as an indication that they were happy with the sampling process.

The Sampling Officer may ask if any medication is currently being taken and the competitor should assist by giving details.

The competitor shall be given a copy of the documentation which is taken during the testing and which should clearly identify the Testing Authority, the Event, the time the competitor was asked to report to the testing station, time of arrival at the testing station, sex of competitor, bottle code Sample A, bottle code Sample B, code numbers on seals of any partial samples noted before these were added to, drugs taken in past three days, signatures of competitor and of Sampling Officer.

The competitor shall be informed which IOC Accredited Laboratory is to undertake the testing of the urine sample provided.

There shall be a documented chain of responsibility for the sample once it leaves the Drug Control Station. It shall be stored at the temperature and in the conditions advised by the IOC Accredited Laboratory in question until it is signed for on arrival at the Laboratory. Each time the sample is passed from the care of one person to another it shall be signed for, time and date noted, and the total sequence of passage from the Drug Control Station to the IOC Laboratory shall be available for subsequent scrutiny by the IYRU, the National Authority and the Competitor if required.

THE REGULATIONS OF THE IYRU

Regulation 16 - MEDICAL CODE

The definition has the advantage that also new drugs, some of which may be especially designed for doping purposes, are banned.

The IYRU Medical List as per Appendix A (Pages 11-17 of this Booklet Part Two) represents examples of the different dope classes to illustrate the doping definition. Unless indicated, all substances belonging to the banned classes may not be used for medical treatment, even if they are not listed as examples. If substances of the banned classes are detected in the laboratory the IYRU Medical Commission will act. It should be noted that the presence of the drug in the urine constitutes an offence, irrespective of the route of administration. Appendix A is published in Booklet 1 "a guide for competitors" published by IYRU.

The following are recommended as basic IYRU requirements.

Procedures

1.1 A reasonable number of doping controls shall be undertaken.

1.2 The IYRU Medical Commission or its representatives in collaboration with the National Authority and the Organising Committee shall determine prior to the event the number of tests to be carried out each day.

1.3 The IYRU shall determine the competitors to be tested by requesting the implementation of IYRR 17 and IYRR Appendix A2

The selected competitors shall be tested having been given proper notification as to time and place of testing.

1.4 If doping is suspected, the IYRU Medical Commission shall have the right to request that additional competitors be tested.

1.5 A competitor may be tested on more than one occasion during a regatta.

1.6 It is the responsibility of the competitor or delegation to provide his/her own transport to and from the Doping Control Station.

2. SAMPLE TAKING

2.1 A competitor selected for doping check shall be handed a testing notification form by a representative of the Organising Committee. The competitor will sign an undertaking to present at the Doping Control Station by a specific time which will usually be not later than one hour after the time of notification.

In back to back racing it may be necessary that the time to report is an hour after the last race. The form should, however, be signed at the conclusion of the first race in case the competitor retires from the later race.

The testing notification shall carry the competitors sail number and name and state that an attendant team official, coach, or doctor may accompany the competitor to the Testing Station.

After notifying the competitor, the Organising Committee representative should remain with the competitor at all times (unless racing) until they together arrive at the Doping Control Station.

The consequences of failure to present in time at the Doping Control Station should be explained to the competitor when he/she signs the agreement so to do.

2.2 When the representative has noted the time on the main part of the notification form and on the detachable portion, the competitor shall sign the notice of confirmation and then retain a portion upon which is entered the time by which he/she should report.

2.3 Upon arrival at the dope control station, the representative and the competitor shall pass the stub to the official in charge for completion.

2.4 Should the competitor fail to report to the dope control station within the time set, the fact shall be noted in the records. The records shall be signed by the official in charge of the station and shall be delivered as soon as possible to the IYRU. The Executive Committee shall decide on the future procedures to be followed.

2.5 The competitor and the accompanying person shall be attended in the waiting room by a member of the dope control team.

2.6 The representative of the Organising Committee shall check the identity of the competitor and his/her sail number.

2.7 The time of arrival and personal data of the competitor shall be noted in the records.

2.8 Whenever possible only one competitor plus attendant team official at a time should be called into the Doping Control Office. Where several tests are taking place this may not be possible.

2.9 In addition to the competitor and accompanying person only the following persons may be present in the dope control office:

• A technician whose duties include keeping records
• A representative of the IYRU
• A member of IYRU Medical Commission or their nominee
• The official in charge of taking samples
• An interpreter if required

Photographs may not be taken in the Doping Control Station during dope control procedure. Representatives of the press are not allowed to be present during testing.

2.10 The procedure for testing is set out in the IYRU Booklet "a guide for competitors) under the heading "Doping Control Procedures of the IYRU".

" 2.11 If the competitor refuses to give a sample of urine, the possible consequences shall be pointed out. If the competitor still refuses, this fact shall be noted in the records. These shall be signed by the official in charge of the station, the technician, the competitor, the accompanying person, the representatives of the IYRU and of the IYRU Medical Commission. The records shall be sent immediately by the official in charge of the station via courier to the IYRU.

2.12 At the end of the session envelopes containing the original copy of the records shall be placed in a larger envelope and the envelopes containing the duplicate copies shall be placed in a separate larger envelope. After recording on the outside of the larger envelopes the code numbers contained on the envelopes therein, the two larger envelopes shall then be sealed.

Competitors should note that their sample will not be identified by their name, but by a code letter and or number only. The test laboratory has no idea who's sample they are testing during either A or B Tests.

The two larger envelopes shall be sent by the official in charge of the station by courier to the IYRU. The larger envelope containing the duplicate copies shall be kept sealed and placed in a safe, separate from the envelopes containing the original copies of the records. The former shall be kept sealed unless opening is authorised by the Chairman of the IYRU Medical Committee or his/her representative.

2.13 At the laboratory a person appointed by the head of the laboratory shall record the time of arrival of the A and the B transportation containers as well as the code on each container. He/she shall also record whether or not the seal has arrived unbroken.

After unsealing and opening the A transportation container, the containers therein must be examined, the seal number recorded and observation that the seals are intact be noted. Immediately upon breaking the seal of the A bag, the number of the code etched upon the A bottle shall be recorded against the number of the seal of the A bag.

2.14 The B transportation container shall be kept sealed at the laboratory until such time as one of the enclosed B bags has to be used for the analysis of the B samples. The authorisation for the removal of one of the B bags from the B transportation container can only be given by the Chairman of the IYRU Medical Commission or his designated representative.

3. SAMPLE ANALYSIS

3.1 The analysis of a sample shall be completed as soon as possible after its arrival at the laboratory.

3.2 The analysis of a sample shall be carried out according to methods which have been approved by the IOC/IYRU Medical Commissions at laboratories approved by IOC/IYRU.

Please note: The list of such laboratories forms Appendix C of the IYRU Booklet "a guide for competitors". (Pages 27-32 of this Booklet) The laboratories are accredited annually by IOC following inspection.

3.3 In addition to the head of the laboratory and the laboratory staff, only the following persons shall be present in the laboratory during analysis:

• Members of IYRU Medical Commission
• Persons authorised by IYRU Medical Commission
• The competitor and/or his/her representative

3.4 The head of the laboratory shall inform the IYRU in confidence of the results of testing upon all samples analysed.

3.5 When the analysis of the A sample indicates the presence of a drug of the banned classes, the competitor and/or his/her representative shall be informed immediately in writing, in confidence, by the IYRU.

The B sample shall be analysed at a time agreed between the competitor and the IYRU Medical Commission. The competitor and/or his/her representative shall be invited to be present at the analysis of the B sample.

The agreed date and time to be recorded in a communication to the competitor. This communication shall contain a form agreeing to the arrangements, and indicating if he/she wishes to be present, which shall be signed by the competitor and returned to the IYRU before the arrangements for the testing of the B sample are confirmed with the laboratory.

3.6 The analysis of B samples shall be carried out in the same laboratory but by different persons. The competitor in question shall be allowed to send a representative to the laboratory at his/her own expense. A member of the IYRU Medical Commission or person authorised by the IYRU Medical Commission shall be present.

The head of the laboratory shall communicate to the IYRU the result of this analysis which will be regarded as final for the identification of the drug. The laboratory will provide the IYRU will appropriate technical documentation to verify the results.

3.7 When in the laboratory and prior to analysis of sample B, the competitor and the IYRU Medical Commission representative shall formally agree that the sample B produced for testing is confirmed as originating from the competitor (by checking documentation letters and numbers).

The competitor and IYRU Medical Commission representative having confirmed the validity of the sample B produced shall sign a document agreeing that the sample relates properly to the competitor concerned. Analysis shall then commence.

3.8 In the event of a positive finding of a banned substance in sample B and of all parties being agreed upon the proper identification of the sample B and certainty of the protocol and testing routine, only then can a positive result be reported to the Competitor, the IYRU and the National Governing body. Only after all interested parties have been informed may the results of a positive test be made common knowledge by a statement from the National Governing Body of the competitor concerned.

3.9 In the event of a positive B sample being found, the competitor has 20 days from the date of notification to ask for a hearing with the IYRU Medical Commission at his/her cost to explain or justify the findings.

If the competitor does not ask for a hearing within 20 days, the infringement will be notified to the Executive Committee, IYRU Review Board and the Member National Authority.

If the IYRU Medical Commission find no evidence of wrong procedures or adequate explanation for the taking of a banned substance, the competitor will be referred to the IYRU Executive Committee.

Sailors in Olympic Classes, when found without doubt to have tested positive for the presence of banned drugs on the IYRU/IOC list, will be subject to the scale of penalties agreed between the IOC and the International Governing Bodies of sport.

Sailors in IYRU World Youth Championships and IYRU World Championship Regattas, when found without doubt to have tested positive for the presence of banned drugs on the IYRU/IOC list, will be subject to the scale of penalties agreed between the IOC and the International Governing Bodies of sport.

Sailors in all other events sailed under IYRRs, when found without doubt to have tested positive for the presence of banned drugs on the IYRU/IOC list, will be subject to a penalty to be determined by the IYRU Executive Committee. The Executive Committee will be advised by the Medical Commission as to the nature of the drug and its effect upon performance, and mitigating circumstances, such as its being required as part of treatment from the sailors regular doctor for a particular medical condition.

The Court of Arbitration for Sports shall deal with any appeals resulting from such decisions of the IYRU Executive Committee and Medical Commission.

The above sections are the basis for doping control within the sport of sailing. They may seem complicated but have to be detailed to ensure that a proper routine is followed in the selection for testing, in the testing itself and in the actions to be taken in the unfortunate occurrence of a positive test.

The contents which follow give further information which was present in earlier editions of Booklet 1 "a guide for competitors".

Each January an updated list is issued by the IOC of medications which are to be added to or removed from the proscribed list. It may be that in some details the IYRU List will differ from that of the IOC. Such variations are listed in this Booklet in Appendix A which was updated on 23 January 1996