such as USADA

3. The World Anti-Doping Code in Olympic and

International Sport
Doping at the Olympic and international sport level is regulated under the auspices of
WADA. WADA was established in 1999 in connection with the IOC’s World Conference
on Doping in Sport in 1999 as a private foundation governed under Swiss law with
headquarters in Montreal. WADA is funded equally by the sport governing bodies within
the Olympic movement and various governments of the world. WADA promulgates,
administers, and enforces the WADA Code. The Code is the core document that provides
the framework for harmonized anti-doping policies, rules, and regulations within sport
organizations and among public authorities. The WADA Code sets forth specific anti-
doping rules, definitions of doping, burdens of proof, prohibited substances and methods,
and addresses standards for testing, sample analysis, sanctions, appeals, confidentiality,
reporting, and statute of limitations (USADA, 2005). USADA, established by federal
charter in 2000, administers this policy for U.S. Olympic, Paralympic, and Pan American
athletes.
The Olympic Charter mandates that all members of the Olympic Movement, including
the IOC, IPC, international sport federations, National Olympic Committees, and sport
governing bodies, adopt and implement the WADA Code.
Acceptance of the Code is mandatory for all athletes in the Olympic Movement by virtue
of their membership in sport governing bodies and by their participation in sport events.
The purposes of the WADA Code and the Anti-Doping Program that supports it are
“[t]o protect the Athletes’ fundamental right to participate in doping-free sport and thus
promote health, fairness and equality for athletes’ worldwide, and to ensure
harmonized, coordinated and effective anti-doping programs at the international and
national levels with regard to detection, deterrence, and prevention of doping” (WADA
Code, 2015). Doping is considered cheating and antithetical to the spirit of sport. The
WADA anti-doping program seeks to protect clean athletes by enforcing strict anti-
doping regulations.
3.1. The 2015 WADA Code
The WADA Code first took effect in 2004, was substantially revised in 2009, and
amended again with the 2015 WADA Code. The Code contains one of the most
comprehensive lists of prohibited substances and methods and also provides for perhaps
the most stringent penalties among all sport anti-doping programs.
3.1.1. Anti-Doping Violations
The Code defines doping as “[t]he occurrence of one or more anti-doping violations
set forth in Article 2.1 through 2.10 of the Code.” An anti-doping rule violation
(ADRV) is
8
established by any of the following:
• • The Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s
Sample (Section 2.1), such where the athlete waives analysis of the B sample and the B
sample is not analyzed, or where the athlete’s B sample is analyzed and the analysis of
the athlete’s B sample confirms the presence of the prohibited substance or its
metabolites
• • Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited
Method (Section 2.2), regardless of intent, fault, negligence, or knowing use;
• • Evading, Refusing or Failing to Submit to Sample Collection (Section
2.3);
• • Whereabouts Failures (Section 2.4), such as a combination of three missed tests
and/or filing failures within a twelve-month period by an athlete in a registered
testing pool;
• • Tampering or Attempted Tampering with any part of Doping Control (Section 2.5); • •
Possession of a Prohibited Substance or a Prohibite