KRU REGULATION 20 – ANTI-DOPING PROVISIONS
SECTION 1 – INTRODUCTION
20.1 KRU Position on Doping
KRU condemns doping. It is harmful to the health of players, totally contrary to the spirit of rugby and KRU is committed to protecting all Players’ fundamental right to participate in doping free rugby.
20.2 Role of the Union
KRU is a Member Union of World Rugby and as such is required to implement anti-doping regulations within Kenya Rugby that are in conformity with the World Rugby anti-doping regulations.
SECTION 2 – WORLD RUGBY ANTI-DOPING REGULATIONS
20.3 World Rugby Regulation 21
20.3.1 World Rugby has adopted the World Anti-Doping Code (‘the Code’) and implemented Code compliant anti-doping regulations, known as World Rugby Regulation 21.
20.3.2 World Rugby has also incorporated Doping Control Procedural Guidelines (‘the Guidelines’) and the WADA Prohibited List (as amended from time to time) into World Rugby Regulation 21 as Schedule 1 and 2 respectively.
20.3.3 World Rugby Regulation 21, the Guidelines and the WADA Prohibited List may be amended from time to time. It is each Player’s responsibility to ensure they are aware of the most current versions.
SECTION 3 – KRU ANTI-DOPING REGULATIONS
All words and definitions contained in World Rugby Regulation 21 shall have the same meaning in KRU Anti-Doping Regulations, save as otherwise defined in these Regulations. Other defined terms shall be as defined in the Code or World Anti-Doping Agency International Standards.
20.5 World Rugby Regulation 21 and The Anti-doping Agency of Kenya (ADAK) rules
20.5.2 KRU also hereby adopts the World Rugby Regulation 21 Guidelines as its own Doping Control Procedural Guidelines and the WADA Prohibited List (as amended from time to time). World Rugby Regulation 21, the Guidelines and the current WADA Prohibited List are available from the World Rugby website (www.worldrugby.org), or on request from KRU Anti- Doping & Illicit Drugs Programme Manager.
20.5.3 In the event that World Rugby adopts new Anti-Doping Regulations which conflict with these additional regulations, the new World Rugby Anti- Doping Regulations will prevail.
20.6 Authority to Regulate
These KRU Anti-Doping Regulations including World Rugby Regulation 21 shall apply to and shall bind all Players, Player Support Personnel and other persons under the jurisdiction of KRU. For the purposes of these KRU Anti-Doping Regulations, the definition of Player is not limited to National- Level or International-Level Players and extends to anyone playing under the jurisdiction of KRU.
All Players, Player Support Personnel and other persons under the jurisdiction of KRU, shall comply with these Anti-Doping Regulations, including World Rugby Regulation 21, in order to be eligible to participate or assist in any event or activity organised or authorised by or held under the authority of KRU. Accordingly, by so participating or assisting, a Player, Player Support Personnel or other Person shall be deemed to have agreed:
(i) to be bound by and to comply strictly with these KRU Anti-Doping Regulations, including by making themselves available for In Competition and Out of Competition Doping Control on a No Advance Notice basis or otherwise;
(ii) to submit to the authority of KRU, Anti-doping Agency of Kenya (‘’ADAK’’),World Rugby or other Anti-Doping Organisation as appropriate, and to submit to the exclusive jurisdiction of the panels specified in KRU Regulation 20 and/or World Rugby Regulation 21; and
(iii) to have consented to the collection, processing, disclosure and use of their personal information (including for example whereabouts information, sample analysis results and information provided by a Person for any purpose under these KRU Anti-Doping Regulations) for the purpose of implementing these KRU Anti-Doping Regulations, provided that such use of personal information shall be in accordance with the provisions of the International Standard for the Protection of Privacy and Personal Data.
20.7 In-Competition and Out-of-Competition Doping Control
20.7.1 All Players under the jurisdiction of KRU may be subject to In Competition and Out of Competition Doping Control by KRU at any time, at any location and with No Advance Notice.
20.7.2 All Players under the jurisdiction of KRU may also be subject to In Competition and Out of Competition Doping Control on a No Advance Notice basis by the World Rugby, the WADA, Anti-Doping Agency of Kenya (ADAK) and any other authorised Anti-Doping Organisation.
20.7.3 All Players under the jurisdiction of KRU may also be subject to Out of Competition Testing pursuant to KRU’s Illicit Drugs Policy. KRU may test for Illicit Drugs regardless of whether or not a particular Illicit Drug is classified as being prohibited In Competition only on the Prohibited List.
20.8 Domestic Testing Pool
20.8.1 KRU will identify a Domestic Testing Pool of rugby clubs who are required to provide timely and accurate club training information to KRU for the purposes of locating domestic players for No Advance Notice out of Competition testing. Such training information shall be provided to KRU when requested in a format determined by KRU and shall include dates, venues and times when training will take place. Clubs shall also communicate any changes to their training information to KRU as and when necessary.
20.8.2 Any club within the Domestic Testing Pool who fails to submit timely and accurate club training information as requested after receipt of one (1) formal written warning from KRU to do so during the current season shall be fined Ksh 90,000.00 by KRU. Any subsequent failure by the club to provide accurate and timely club training information during the current season shall result in a Ksh 200,000.00 fine by KRU.
20.8.3 Any club within the Domestic Testing Pool whose squad are unavailable for testing (i.e. incurs a Squad No Show) through the provision of inaccurate club training information will receive one (1) formal written warning from KRU to update their training information and shall be liable for the costs incurred by KRU or (ADAK)for the Squad No Show. Any subsequent Squad No Show incurred by the club during the current season shall result in a fine of Ksh 200,000.00 by KRU.
20.9 National Registered Testing Pool (“NRTP”) NRTP Player Whereabouts Requirements
20.9.1 KRU will assist ADAK to identify a NRTP of Players who must file a Whereabouts Filing with KRU and ADAK for each quarter period that contains the information set out in World Rugby Regulation 126.96.36.199.
20.9.2 Pursuant to World Rugby Regulation 188.8.131.52 a Player identified for inclusion in the NRTP shall remain in the NRTP and continue to be subject to these provisions including the obligation to provide player whereabouts information and be available for individual Out of Competition testing unless the Player gives written notice to KRU that they have retired or until they no longer satisfy the criteria for inclusion in the NRTP and have been provided with written notice by KRU and ADAK.
20.9.3 A Player in the NRTP who has given written notice of retirement to KRU may not resume competing at International Match Level unless the Player notifies KRU at least 6 months before the Player expects to return to competition and is available for Out of Competition testing at any time during the period before their actual return to competition.
20.9.4 A Player in the NRTP who has given written notice of retirement to KRU may resume competing at a level within the Domestic Testing Pool upon notification to KRU of their intention to return to competition.
20.9.5 Players in the NRTP who fail to provide complete and accurate quarterly player whereabouts information to ADAKmay incur a Filing Failure, and may consequently be in breach of WorldRugby Regulation 21.2.4. Such Filing Failure shall only be declared by ADAK in accordance with WorldRugby Regulations 184.108.40.206 and 220.127.116.11 (for the avoidance of doubt, the functions of World Rugby as detailed in those Regulations shall be read for the purposes of this Regulation 20.9.5 as being those of ADAK).
20.9.6 Players in the NRTP who are unavailable for testing at their specified location during their nominated hour may incur a Missed Test and may consequently be in breach of World Rugby Regulation 21.2.4. Where such testing is conducted by ADAK or its designee on the basis of the whereabouts information submitted to ADAK, a Missed Test shall be declared by ADAK in accordance with World Rugby Regulations 18.104.22.168 and 22.214.171.124 (for the avoidance of doubt, the functions of World Rugby as detailed in those Regulations shall be read for the purposes of this Regulation 21.10.6 as being those of ADAK).
Consequences of Whereabouts Failures
20.9.7 Any Player in the NRTP and/or in the World Rugby International Registered Testing Pool (established pursuant to World Rugby Regulation 126.96.36.199) who commits a total of three (3) Whereabouts Failures (which may be any combination of Filing Failures and/or Missed Tests adding up to three (3) in total) within a 11 month period (irrespective of which Anti-Doping Organisation(s) has/have declared the Whereabouts Failures in question) shall be considered to have committed an anti-doping rule violation in accordance with World Rugby Regulation 21.2.4. The applicable period of ineligibility pursuant to World Rugby Regulation 188.8.131.52 shall be two years, subject to a reduction down to a minimum of one year, depending on the Player’s degree of Fault.
20.9.8 It is recognised that a Player may be in both the NRTP and the World Rugby Testing Pool (established pursuant to World Rugby Regulation 184.108.40.206, as opposed to the World Rugby International Registered Testing Pool). In those circumstances Whereabouts Failures will only be counted by the body which has declared the Whereabouts Failure (that is, a Whereabouts Failure committed by a Player pursuant to his obligations as a member of the World Rugby Testing Pool shall not automatically be regarded as a Whereabouts Failure pursuant to his obligations as a member of the NRTP, and vice versa). For the avoidance of doubt, a Player may have Whereabouts Failures in both Pools if they are declared separately by both of the bodies responsible for declaring them, but which will not be aggregated.
20.9 Therapeutic Use Exemptions
20.9.1 Any Player subject to Testing who is not in the World Rugby Registered Testing Pool or Testing Pool, and who is seeking a Therapeutic Use Exemption (TUE) pursuant to World Rugby Regulation 21.4.4 shall submit their TUE request directly to ADAK. TUE requests will be determined by and evaluated in accordance with the International Standard for TUE’s.
20.9.2 Players must submit complete and accurate TUE requests toADAK in accordance with the TUE forms and guidance notes available on ADAK website (www.adak.or.ke) or on request from KRU Anti-Doping & Illicit Drugs Programme Manager.
20.10.1 Where a Player, Player Support Personnel or other Person knows or suspects that any other Player, PlayerSupport Personnel or other Person has committed an Anti–Doping Rule Violation, it shall be the first Player’s, Player Support Personnel’s or other Person’s obligation to report such knowledge or suspicion to KRU as soon as possible. The first Player, Player Support Personnel or other Person shall have a continuing obligation to report any new knowledge or suspicion regarding any Anti–Doping Rule Violation to KRU even if the Player’s, Player Support Personnel’s or other Person’s prior knowledge or suspicion has already been reported. Failure to comply with any of the foregoing without acceptable justification may be treated as misconduct under KRU’s disciplinary rules of conduct and may be sanctioned accordingly.
20.10.2 Players, Player Support Personnel and other Persons must cooperate fully with investigations conducted pursuant to this Article 20.10. Failure or refusal to do so without acceptable justification may be treated as conduct prejudicial to the interests of KRU and the Game and may be sanctioned accordingly.
20.10.3 If the Player, Player Support Personnel or other Person subverts or attempts to subvert the investigation process (e.g., by providing false, misleading or incomplete information, and/or by destroying potential evidence), proceedings may be brought against him or her for violation of World Rugby Regulation21.2.5 (Tampering or Attempted Tampering)
20.11 Discipline Process
20.11.1 This Regulation shall apply where an anti-doping rule violation may have been committed by a Player, Player Support Personnel or a person under the jurisdiction of KRU.
20.11.2 KRU Legal and Governance Director is entitled to implement any provisional suspension pursuant to World Rugby Regulation 21.7.9 and the Player, Player Support Personnel or other person alleged to have committed a breach of this Regulation 21 shall be notified accordingly. For the avoidance of doubt, this power may be exercised before any determination on case to answer is made pursuant to Regulation 21.13.3.
20.11.3 ADAK shall separately review any potential anti-doping rule violation and confirm whether the Player, Player Support Personnel or other person has a case to answer. The decision of ADAK shall be communicated, via KRU,to the person alleged to have committed the offence.
20.11.4 KRU shall (if ADAK has determined that there is a case to answer), bring a charge in relation to any suspected or alleged breach of this Regulation 21. Where a charge is brought, an independent panel shall be appointed by KRU Judicial Secretary to hear the case. The Player, Player Support Personnel or other person charged shall be sent a notification of the hearing. All hearings in such a case shall be carried out in accordance with KRU disciplinary procedures set out in KRU Regulation 18.
20.11.5 Nothing in this Regulation 21.11 shall prevent KRU from bringing a charge against a Player, Player Support Personnel or other person for breach of any other KRU Rule or Regulation.
20.12.1 A decision listed at World Rugby Regulation 21.13.2 involving a National Level Player may be appealed by the Player or person involved, KRU, the Tournament Organiser, World Rugby, the World Anti-Doping Agency (“WADA”), the International Olympic Committee where the decision might have an effect in relation to the Olympic Games and the National Anti- Doping Organisation.
20.12.2 Any appeal or referral must be lodged with KRU within 7 days from the date of notification of the Disciplinary Panel and must be in the prescribed form as set out in World Rugby Regulation 21.12.8.
20.12.3 If an appeal or referral is made in accordance with Regulation 20.12.2 above, an Appeal Panel shall be appointed in accordance with KRU Regulation 18. All hearings of the Appeal Panel appointed in such a case shall be carried out in accordance with KRU’s disciplinary procedures. In addition, the Appeals Panel shall have all the powers and obligations as set out in World Rugby Regulation 21.12.8.
20.12.4 The decision of KRU Disciplinary Panel shall remain in full force and effect until the decision of the Appeals Panel.
20.12.5 In the case of alleged breaches of Regulations 20.8.1 to 20.8.3 above, KRU and the Club shall have the right to appeal any decision of KRU Disciplinary Panel to an Appeal Panel within 13 days of the decision in accordance with KRU appeal procedures set out in KRU Regulation 18. Appeals may only be made in relation to disputes as to the facts of whether a breach has occurred and may not be brought in relation to the level of any fine imposed.
20.13 Appeals to Court of Arbitration for Sport (‘CAS’)
The ultimate appellate body for doping violations is the CAS. The procedure for appealing to CAS is set out in World Rugby Regulation 21.12.
A deviation or deviations from these Anti-Doping Regulations shall not invalidate any finding, decision or Adverse Analytical Finding unless such deviation or deviations are such as to cast material doubt on any finding, decision or Adverse Analytical Finding.
20.16 Prohibition on Private Testing for Illicit Drugs
The independent private testing/screening of Players for prohibited substances and/or Illicit Drugs (as defined in KRU Illicit Drugs Policy) by a Club or a Player (or by a third party with a Club and/or Player’s knowledge) for whatever reason is prohibited.
George Mwangi Ndemi
Training and Education Coordinator