IKOK-C Policy on Doping in Kyokushin Karate
1. Preamble
a. The pursuit of drug-free sport is a matter of public interest.
This Policy reflects the common interest and consensus of Athletes,
coaches, Sport Governing Bodies and governments in Canada.
2. Purpose
a. The purpose of this Policy is to provide a consistent and effective
response to the use of Banned Substances and Practices in Kyokushin
Karate in order to deter those who might engage in the use of
Banned Substances and Practices and protect those who commit themselves
to sport based on the principles of fair play.
b. This Policy ensures that appropriate penalties are imposed
on Athletes, coaches and on others who use or condone the use
of Banned Substances, or engage in or condone Banned Practices.
The Policy sets out procedures for determining Infractions, dealing
with individuals and organizations found to have committed Infractions,
handling protests and appeals relating to Doping Control Procedures
and the determination of Infractions, and reinstating those individuals
sanctioned as a result of such Infractions.
3. Definitions
In this Policy the following terms shall have these meanings,
and shall be capitalized:
a. Accredited Laboratory shall mean a laboratory accredited by
the International Olympic Committee ("IOC"), or a laboratory
recognized by the Canadian Centre for Ethics in Sport ("CCES")
in accordance with laboratory standards established by the Standards
Council of Canada or an equivalent national or international standardization
authority.
b. Admission shall mean a written acknowledgement of a Doping
Infraction or a Doping-Related Infraction. Where the Admission
pertains to the use of a Banned Substance or Practice, the specific
substance or practice must be identified in the acknowledgement.
Where the Admission pertains to activities other than doping that
are in contravention of this Policy, the specific activities must
be identified in the acknowledgement.
c. Athlete shall mean an individual who is registered as an athlete
or who participates as an athlete in any activity conducted or
sanctioned by the IKOK-C, or any of their affiliated members or
clubs.
d. Banned Substances or Practices shall mean those substances
and practices identified by CCES, and as updated from time to
time, as being banned or restricted. In identifying such substances
and practices, CCES shall have regard to the categories of banned
and restricted substances and methods published by the IOC.
e. Doping shall mean the presence in the body of Banned Substances
as determined by a Positive Test Result, or evidence of the use
of Banned Practices.
f. Doping Control Procedures shall mean the activities carried
out by CCES, an Accredited Laboratory or any independent authority
under this Policy and shall include identification and notification
of individuals to be tested, preparation for and conduct of sample
collection, handling and transportation of samples, laboratory
analysis, results management, determination of infractions, deciding
on protests and appeals, conducting investigations, reviewing
requests for reinstatement and overall management of the doping
control process.
g. Doping Infraction shall mean Doping, which is in contravention
of this Policy.
h. Doping-Related Infraction shall mean an Infraction other than
a Doping Infraction which is in contravention of this Policy and
which has occurred any time in the previous four (4) years. Doping-Related
Infractions shall include an individual:
i. acknowledging a Doping Infraction or Doping-Related Infraction
by means of an Admission;
ii. refusing or failing to comply with Doping Control Procedures;
iii. condoning the use of Banned Substances or Practices;
iv. counseling or advising others to use Banned Substances or
Practices;
v. avoiding or aiding in avoiding Doping Control Procedures and
detection of Banned Substances orPractices;
vi. securing, supplying or administering Banned Substances or
Practices;
vii. possessing Banned Substances without valid medical reason;
viii. importing or selling Banned Substances;
ix. failing to cooperate as requested in any CCES or IKOK-C investigation
into a possible Doping Infraction or Doping-Related Infraction;
or
x. failing to recognize or adhere to sanctions imposed under this
Policy.
i. Funding shall mean any direct financial support provided by
any agency external to the IKOK-C to an individual regardless
of the method of payment, that is, direct payment to the individual
or indirect payment to the individual through the IKOK-C and includes,
but is not limited to, monthly financial support through the ACT
Program, coaching or professional staff salaries, honoraria for
the provision of professional services, or coaching internships
or apprenticeships.
j. Infraction shall include Doping Infractions and Doping-Related
Infractions, as determined in accordance with this Policy.
k. Policy shall mean the IKOK-C Policy on Doping in Kyokushin
Karate and shall include the Canadian Doping Control Regulations,
as approved by CCES and as amended from time to time.
l. Positive Test Result shall mean the certificate of analysis
of the test results of an "A" sample of urine issued
by an Accredited Laboratory, which indicates Doping. A Positive
Test Result does not necessarily indicate that a Doping Infraction
has occurred.
m. Regulations shall mean the Canadian Doping Control Regulations
as approved by CCES and as amended from time to time.
n. Sport Governing Body shall mean IKOK-C.
o. Sport Ineligibility shall mean being prohibited from participation
in any role in any activity organized, convened, held or sanctioned
by the IKOK-C, or which is a member of or affiliated with IKOK(C)
which has adopted this Policy.
p. Sport Organization shall mean the IKOK-C or any of the body’s
affiliated members or clubs.
4. Authority
a. The authority for Doping Control Procedures in Canada is based
upon the contractual relationship, which exists between Sport
Organizations and their members. Any Sport Governing Body committed
to drug-free sport may adopt this Policy as part of their governing
documents and thus as part of the rights and obligations established
in their contractual relationship with members. In so doing, these
bodies collectively delegate to the Canadian Centre for Ethics
in Sport (CCES) the authority and responsibility for carrying
out Doping Control Procedures in Canada, and the members of these
bodies accordingly recognize this authority and responsibility.
b. More specifically, the role of CCES is to coordinate and implement
policies and programs for drug-free sport, including identification
and notification of individuals to be tested, sample collection,
laboratory analysis, research, education, appeals and reinstatements.
CCES’ authority to carry out these activities arises out
of the adoption of this Policy by Sport Governing Bodies and the
corresponding delegation of this authority to CCES.
c. In administering Doping Control Procedures, CCES operates
independently of the IKOK-C and the provincial, territorial and
federal governments that contribute to the funding of sport in
Canada. CCES may delegate to another authority any of its responsibilities
in administering Doping Control Procedures.
d. Where CCES is a party to, or has intervenor status in any
adjudication or arbitration under this Policy, an independent
authority shall have the responsibility for appointing adjudicators
and arbitrators, managing and coordinating adjudications and arbitrations,
and providing administrative and logistical support to adjudicators
and arbitrators, as required.
5. Application
a. By virtue of its adoption by IKOK-C, this Policy shall apply
to all individuals who are members of such bodies, regardless
of where they reside or are situated; all individuals who comprise
the membership of such bodies’ affiliated members, clubs,
teams, associations or leagues; and all individuals who participate
in any capacity in any activity organized, held, convened or sanctioned
by such bodies.
b. The Policy shall apply to any individual who seeks to become
a member of, or who seeks to participate in any activities of
the IKOK-C. If any such individual is found to have committed
a Doping or Doping-Related Infraction, the penalties of this Policy
shall apply.
c. An individual sanctioned under this Policy remains subject
to this Policy throughout the duration of the sanction regardless
of that individual’s membership status in the IKOK-C, and
this shall include remaining subject to testing.
6. Relationship to Other Policies
a. This Policy represents minimum standards for the imposition
of penalties. More stringent sanctions may be applied by members
of the IKOK-C, within their own jurisdictions, in a manner consistent
with the spirit and intent of this Policy.
b. An infraction determined by a non-Canadian authority that
is recognized by CCES may be deemed to be an Infraction under
this Policy, and CCES may carry out further review and investigation
of such Infractions.
c. This Policy recognizes that CCES does not have jurisdiction
over international sport federations. This Policy is intended
to operate independently of anti-doping policies of international
sport federations and any individual sanctioned under this Policy
may also be sanctioned under the policy of the IKO.
7. Determination of Infractions
a. A Doping Infraction shall be determined on the basis of a
Positive Test Result in accordance with the Regulations. Such
an Infraction shall give rise to sanctions unless overturned by
the findings of a "B" sample examination and analysis,
or a successful protest or appeal.
b. A Doping-Related Infraction shall be determined in accordance
with the Regulations.
c. Doping and Doping-Related Infractions shall not be deemed
to have occurred when an individual takes a substance, which is
required for treatment or control of a medical condition and for
which an exemption has been granted, in writing, by CCES.
8. Penalties for Infractions
a. Athletes
i. The penalties for a Doping Infraction or Doping-Related Infraction
by an Athlete are:
? First Infraction -- four (4) years Sport Ineligibility and permanent
ineligibility for Federal Sport Funding
? Second Infraction -- permanent Sport Ineligibility and permanent
ineligibility for Federal Sport Funding
ii. In cases where the Infraction occurs at a major sport event
such as a Major Games or World or Continental Championships, a
four-year Sport Ineligibility penalty shall include the next same
major sport event even if the major sport event takes place more
than four years after the Infraction.
b. Individuals Other Than Athletes
i. The penalty for a Doping Infraction or Doping-Related Infraction
by an individual other than an Athlete is:
? First Infraction -- permanent Sport Ineligibility and permanent
ineligibility for Federal Sport Funding
c. Sport Governing Bodies
i. The penalty for a Doping-Related Infraction by a Sport Governing
Body is the withdrawal of domestic doping control services as
provided by CCES, until such time as the conduct giving rise to
the Doping-Related Infraction has been corrected.
d. Scope of Sanction
i. Individuals sanctioned under this Policy shall be ineligible
to participate in any role or in any activity organized, convened,
held or sanctioned by the IKOK-C, for the duration of the sanction,
subject only to the results of a "B" sample examination
and analysis, protest, appeal or reinstatement. Such penalties
shall be respected by all Sport Organizations and any other authorities
or agencies, which have adopted this Policy.
ii. Where an individual sanctioned under this Policy participates
in sport in one or more roles (for example, as both Athlete and
coach), the role that the individual was performing at the time
of the Infraction shall be the role for which this Policy shall
apply.
9. Appeals
a. Infractions determined under this Policy may be appealed in
accordance with the Regulations.
10. Time for Commencement of Penalty
a. The penalty for a Doping Infraction determined by a Positive
Test Result is calculated from the date of sample collection.
In all other cases, a penalty is calculated from the date of a
decision of the Doping Control Review Board rendered in accordance
with the Regulations.
b. Penalties for Doping-Related Infractions are calculated from
the date of refusal to be tested or failure to comply with Doping
Control Procedures or, in all other cases, from the decision of
the Doping Control Review Board rendered in accordance with the
Regulations.
11. Confidentiality
a. Doping Infractions and Doping-Related Infractions are a matter
of public record. However, information concerning a Doping Infraction
shall not be disclosed until the Athlete has been notified.
b. Notwithstanding Section 11(a), if after ten (10) days reasonable
attempts to notify the Athlete are unsuccessful, CCES may disclose
information concerning a Doping Infraction if it deems such disclosure
to be in the interests of drug-free sport.
c. An Accredited Laboratory may forward a Positive Test Result
to the International Olympic Committee (IOC) or to the relevant
international sport federation.
d. No breach of confidentiality by any party shall invalidate
the findings of a Positive Test Result or the declaration of an
Infraction unless such breach can be shown to cast doubt on the
validity of such findings.
12. Reinstatement
a. Individuals sanctioned under this Policy may request reinstatement
of sport eligibility and reinstatement of eligibility for Funding.
Reinstatement may be granted only in these situations, in accordance
with the Regulations:
o Category I – where the Infraction is a first Doping Infraction
involving Banned Substances in the stimulant class when administered
for medical purposes or ingested as part of a nutritional product;
o Category II – where exceptional circumstances surrounding
the Infraction have been proven;
o Category III – where the requirements for sport reintegration
have been met; or
o Category IV – upon completion of a penalty.
Category I Reinstatement
b. Where the Infraction is a first Doping Infraction involving
Banned Substances in the stimulant class when administered for
medical purposes or ingested as part of a nutritional product,
reinstatement of sport eligibility and eligibility for Funding
may be requested in accordance with the Regulations. Such reinstatement
shall take automatic effect three (3) months after the date of
the Infraction.
Category II Reinstatement
c. An individual who has committed an Infraction may request
reinstatement where there exist exceptional circumstances surrounding
to the Infraction, in accordance with the Regulations. The onus
of proving exceptional circumstances rests with the sanctioned
individual and all requests for reinstatement for exceptional
circumstances shall be heard by an independent adjudicator whose
decision shall be final and binding.
d. A request for Category II reinstatement shall be initiated
within three (3) months of the date of the Infraction, and may
be made only once per Infraction. In the event that reinstatement
is granted, reinstatement of eligibility for Federal Sport Funding
shall take immediate but not retroactive effect.
Category III Reinstatement
e. An individual who has committed an Infraction may request
reinstatement for sport reintegration, in accordance with the
Regulations. The onus for meeting the requirements for sport reintegration
rests with the sanctioned individual and all requests for such
reinstatement shall be heard by an independent adjudicator whose
decision shall be final and binding.
f. A request for Category III reinstatement may be made only
once by an individual, only for a first Infraction, and only after
two (2) years of the penalty have been served. In the event that
such reinstatement is granted, reinstatement of eligibility for
Federal Sport Funding shall take immediate but not retroactive
effect.
Category IV Reinstatement
g. g) Unless otherwise reinstated, an Athlete who has committed
an Infraction with a four-year Sport Ineligibility penalty shall
be reinstated to sport eligibility upon the completion of the
penalty, in accordance with the Regulations.
h. An Athlete reinstated upon completion of a penalty shall not
be eligible for Sport Funding.
13. General
a. This Policy was first adopted by National Sport Governing
Bodies in 1991, and an expanded version of the Policy was adopted
by National Sport Governing Bodies in 1994. The Policy was reviewed
in 1998 and 1999 and this version was adopted by National Sport
Governing Bodies to take effect January 1, 2000.
b. For the purposes of making a transition from the earlier version
of this Policy to the present version, individuals who were sanctioned
under the previous Policy and who remain subject to a sanction
on January 1, 2000 shall thereafter be governed solely by the
provisions of this Policy.