The Jamaica Anti-Doping Commission (JADCO) is responsible for the Results Management Process for doping control missions conducted under its authority. This process is strict and confidential and ensures that the International Standards for Testing and Investigations as well as the Protection of Privacy and Personal Information are maintained.
These include results management for:
- Laboratory Results and Possible Failure to Comply Reports.
- Negative Analytical Findings (NAFs).
- Adverse Analytical Findings (AAFs).
- Other Anti-Doping Rule Violations.
What happens when there is an alleged Anti-Doping Rule Violation based on the presence of a prohibited substance in an athlete’s sample?
If the result from the lab returns a positive finding, otherwise called an Adverse Analytical Finding (AAF), JADCO will conduct an initial review of the sample collection process to ensure that there were no irregularities that could have undermined the validity of the findings. JADCO will also verify if the athlete has a Therapeutic Use Exemption (TUE) Certificate.
Once JADCO has determined that the Adverse Analytical Finding is not due to any irregularities that undermine its validity and there is no applicable TUE, then JADCO will ensure that the athlete is notified. The athlete will be informed of their right to request that the B sample be analysed. The athlete can also choose to be present during the analysis of the B sample.
If the B sample confirms the A sample analysis, then the Results Management Process will continue and the matter will proceed to the Independent Anti-Doping Disciplinary Panel. This is an independent panel of medical, sport and legal experts, who have been given the authority to hear and make a ruling on all issues regarding the assertion of Anti-Doping Rule Violations and sanctions associated with violations.
OTHER ANTI-DOPING RULE VIOLATIONS
HEARINGS & APPEALS
Unless an athlete waives their right to a hearing, all cases involving Anti-Doping Rule Violations (ADRV) are heard by the Independent Anti-Doping Disciplinary Panel. The Panel is an independent body established by the Anti-Doping in Sport Act and is separate from the Jamaica Anti-Doping Commission (JADCO). The athlete has the following rights as it relates to disciplinary hearings:
- Right to a timely hearing
- Right to a fair, impartial and operationally independent hearing panel
- Right to be represented by counsel (at the athlete’s own expense)
- Right to respond to the asserted ADRV
- Right to present evidence
- Right to an interpreter
- Right to a timely, written, reasoned decision
Failure by any party or their representative to attend the hearing after notification will be deemed an abandonment of their right to a hearing. The right may be reinstated where the athlete or other person shows reasonable cause for the non-attendance.
The Anti-Doping Appeal Tribunal is the body responsible for appeals. The Tribunal was established by the Anti-Doping in Sport Act and is a separate entity from the Jamaica Anti-Doping Commission (JADCO). The Appeal Tribunal has the power to hear and determine all issues arising from an Anti-Doping Rule Violation hearing. It should be noted that in cases involving international-level athletes or participation in international level events, the appeal can be made directly to the Court of Arbitration for Sport (CAS).
The following parties have the right to appeal a decision handed down by the Independent Anti-Doping Disciplinary Panel to the Anti-Doping Appeal Tribunal:
- The athlete or person who is subject to the decision being appealed
- The relevant International Federation
- The International Olympic Committee or International Paralympics Committee
Parties have the right to appeal the decision handed down by the Anti-Doping Appeal Tribunal to CAS.
Unless CAS or the Appeal Tribunal rules otherwise, the initial decision (sanction imposed) remains in effect while under appeal.