Drug cheats face tough penalties
minimum one-year ban from Island sports for a first offence under proposed new guidelines.
And, according to the Bermuda Policy on Penalties for Drug Use in Sport, a second infraction will mean a three-year ban and a third infraction will result in lifetime ineligibility from any sport.
Elite athletes will lose funding and all athletes who have committed a drug use infraction will be subject to testing and will have to undergo successful rehabilitation for the duration of their ineligibility in order to be considered for reinstatement.
This policy and another on standard operating procedures are contained in two documents -- copies of which were obtained by The Royal Gazette -- and are currently being debated by national sports groups. They could take effect as early as November 8 if endorsed by representatives of some 36 national sports clubs and bodies.
In addition to announced, unannounced and random out-of-season testing for any individual taking part in sports, the policies also threaten bans for athletes or even non-athletes who: Counsel or advise others to used banned substances; Possess banned substances without valid medical reason; Refuse to take a test or fail to co-operate with an investigation into possible drug use; Import or sell banned substances or material intended for their use.
Penalties will be determined by a new Bermuda Council for Drug-Free Sport (BCDS). An interim council, chaired by Benedict Associates head Vaughn Mosher and consisting of 10 representatives of national sports bodies, drew up the two documents as part of Government's Drug Free Sports Policy.
The standard operating procedure consists of 32 pages, spelling out guidelines for the collection of testing samples, time frames, witnesses, laboratory analysis and hearings.
It is on Page 12 of this document that the basis for the entire policy is spelled out: "Any athlete as condition of membership to their respective sport, shall agree to abide by the rules of the sport. One of these rules is participation without the use of (banned) substances or methods identified by the (International Olympic Committee)...'' This includes illicit drugs such as marijuana and cocaine as well as performance-enhancing drugs, such as steroids.
Under proposed guidelines, national governing bodies will be required to provide updated information on each and every athlete -- information which will be placed in a testing pool administered by the BCDS.
From this, athletes will be assigned numbers placing them in "short notice'' or "no notice'' selection categories.
"Short notice'' athletes will be given 36 hours to report and supply a urine sample to a Certified Drug Use Control Officer (CDCO). For the purpose of "no notice'' testing, CDCOs may randomly select an athlete on site during training.
And there's no escape if an athlete happens to be abroad; athletes off the Island will be expected to submit a sample to an authorised CDCO in whatever country they are in.
Those selected for a test will be required to provide two samples, both of which will be done in front of a same-gender witness. Samples will then be transported to an accredited laboratory for analysis. In most cases, this will be King Edward VII Hospital.
The chain of custody of samples -- crucial in order to withstand potential legal challenges -- receives thorough treatment within the standard operating procedure, with provisions for registrars, marshalls and other security.
In addition to random testing, "announced'' drug testing will take place immediately before, during or immediately after designated competitions or training camps. Selected athletes have one hour to report and register at the Drug Use Control Station and from there pass two samples.
Positive tests will be dealt with in the form of a preliminary hearing and case review hearing, according to the documents.
If the BCDS Drug Use Control Review Panel determine there is enough evidence, the case will be heard within two weeks by a board of five individuals -- two named by the BCDS, two named by the national governing bodies and a chair chosen by the BCDS.
It is the latter that determines punishment, based on the Policy on Penalties.
The case review hearing will conducted in confidence although the board's decision will be a matter of public record, the document says.
The policy allows for protests and appeals, to be heard by a single arbitrator.
Penalties will take place from the date the positive sample was taken, or in the case of evidence other than a drug test, from the time of the BCDS panel's decision. Ineligibility means not being allowed "to participate in any role and in any competition or activity organised, convened held or sanctioned'' by a national governing body, local club or affiliate.
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