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The rights of an athlete during doping control

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Andriy Melnyk · 9 min read
The rights of an athlete during doping control

Doping control is a stressful procedure even for an athlete with nothing to hide. Yet the rules of sample collection establish not only obligations but also clear rights for the athlete. Knowing these rights helps avoid procedural mistakes, protect yourself from violations by the personnel and not turn a minor misunderstanding into a disqualification.

Where the athlete's rights come from

The doping control procedure is described in detail in WADA's International Standard for Testing and Investigations (ISTI). It is binding on all anti-doping organisations that have signed the World Anti-Doping Code, so an athlete's basic rights are the same in Kyiv, Berlin or Tokyo.

In addition, in 2020 WADA approved the Athletes' Anti-Doping Rights Act. Some of its provisions are directly enshrined in the Code, some are of a recommendatory nature. Among them are the right to equal opportunities, to fair testing, to medical assistance, to legal protection and to confidentiality.

Rights do not exist for the sake of formality. The reliability of the result depends on the correctness of the procedure: if the chain of custody is broken or the sample was not properly sealed, the whole case is called into question.

At the same time it is important to understand the limit: not every deviation from the standard automatically overturns a positive result. The Code provides that a deviation invalidates the result only when it could reasonably have caused the adverse analytical finding. That is why objections must be recorded immediately, in the protocol.

Notification and the way to the control station

The procedure begins with notification. A doping control officer (DCO) or chaperone introduces themselves, shows identification and notifies the athlete of the collection. The athlete has the right to see the document confirming the personnel's authority and to learn which organisation initiated the test.

After notification the athlete signs a form and must report to the doping control station immediately. However, the ISTI allows a justified delay in arrival — provided the athlete remains under the chaperone's direct observation the whole time.

SituationIn-competition controlOut-of-competition control
Award ceremonyYes—
Media interactionYes—
Participation in subsequent eventsYes—
Cool-down (recovery)Yes—
Receiving medical assistanceYesYes
Finding a representative or interpreterYesYes
Presenting an identity documentYesYes
Finishing a training session—Yes

The final decision on the delay is made by the officer, who may refuse it if the athlete cannot be continuously accompanied. That is why it is better to ask for permission directly rather than simply walk off «for a minute».

The athlete has the right to bring a representative: a coach, doctor, teammate, and for minors this right is strengthened. It is also possible to use the services of an interpreter if the language of the procedure is not understood.

While waiting at the control station you may drink the sealed beverages offered, but bear in mind that excessive hydration can make the urine too dilute, and then an additional sample will have to be given.

Права спортсмена під час допінг-контролю — ілюстрація
Photo:Nicolas Hoizey/Unsplash

Rights during sample collection

The most delicate moment is the direct observation of the provision of urine. The observer must be of the same sex as the athlete. This is an ISTI requirement that protects the athlete's dignity and at the same time makes sample substitution impossible.

  • Choice of equipment:the athlete chooses the collection vessel and the sealing kit from several offered and checks their integrity.
  • Control over the sample:the sample must remain under the athlete's supervision until the moment of sealing.
  • Splitting it yourself:usually the athlete pours the urine into flasks A and B themselves and closes them.
  • Modifications:adapted procedures are provided for athletes with disabilities and minors.
  • Blood:collection is carried out by a qualified specialist, the athlete has the right to sit, and the procedure must not cause undue discomfort.

The minimum urine volume under the ISTI is 90 ml. If it is not collected the first time, part of the sample is temporarily sealed, and the athlete continues to drink and wait. After this the officer checks the specific gravity of the urine; if it does not meet the requirements, additional samples may be needed.

The athlete has the right to ask questions about the procedure at any moment. The personnel are obliged to explain every step. If something seems wrong — for example, the kit had a damaged seal — this should be said immediately and a request made to enter it into the protocol.

Notification Arrivalat the station Choice of kit,provision of the sample SplittingA/B, seal Protocol,a copy for the athlete at every stage — the right to ask questions and record objections
Fig. 1. Main stages of urine sample collection (schematically, per the ISTI).

A separate topic is medicines and supplements. The protocol contains a section where the athlete records preparations and supplements taken recently. The Code does not require an exhaustive list, but this information can help the laboratory and the athlete themselves in case of subsequent questions.

The protocol, the B sample and data protection

At the end of the procedure the athlete checks the doping control form: personal data, flask numbers, time, specific gravity, list of medicines. They have the right to record comments on how the procedure was conducted, and after signing — to receive a copy. This copy should be kept at least until the results are received, and preferably longer.

The laboratory analysis is carried out anonymously: the laboratory sees only a code number, not a name. If sample A gives an adverse analytical result, the athlete is officially notified and their rights, provided for by the International Standard for Results Management, are explained.

One of the key rights is to demand analysis of the B sample. The athlete or their representative may be present during the opening and analysis of flask B. If sample B does not confirm the result of A, the case is, as a rule, closed.

The athlete also has the right to request the laboratory documentation package describing the analysis of their sample. This package is often studied by independent defence experts when it comes to complex methods, for example isotope mass spectrometry or threshold substances.

Personal and medical data obtained during control are protected by the International Standard for the Protection of Privacy and Personal Information. An anti-doping organisation may process them only within anti-doping purposes and in accordance with data protection rules.

Obligations whose breach is costly

Rights are inseparably linked to obligations. The Code directly defines as violations evading sample collection, refusing or failing to appear without a valid reason after proper notification (Article 2.3). The sanctions here are as severe as for the detection of a prohibited substance.

The athlete is obliged to remain under the chaperone's observation from notification to the completion of the procedure, to present an identity document, to comply with the reasonable requirements of the personnel and not to interfere with the process. An attempt to substitute or falsify a sample is classified as a separate violation — tampering (Article 2.5).

If the athlete considers the procedure improper, the worst strategy is to refuse. It is far wiser to undergo the control, describe the objections in detail in the protocol and only then challenge it. Refusal almost always ends in disqualification, while a recorded procedural violation can become an argument at the hearing.

It is also unwise to argue with the personnel in raised tones or to make threats. The Code regards intimidation of participants in the procedure as a form of tampering, and conflict distracts from the main thing — the correct recording of facts.

Important.This article is for information only and is not legal advice. In case of an adverse analytical result, consult a sports law lawyer; for questions about medicines and supplements, consult a doctor.

Editorial conclusions

Doping control is a standardised procedure with clear rights for the athlete: to a representative and interpreter, to a justified delay, to a choice of equipment, to an observer of their own sex, to comments in the protocol and to analysis of the B sample.

The most important skill is to calmly record everything that seems wrong, without refusing to undergo the control. Written objections carry weight, verbal disputes do not.

It is worth knowing your rights in advance, not at the moment when the chaperone is already standing beside you. For this there are educational courses from WADA and national agencies.

We also recommend reading our materials on appeals in doping cases, on the Whereabouts system and on the work of the national anti-doping agency.

References

  1. World Anti-Doping Agency. World Anti-Doping Code 2021. Montreal: WADA; 2021.
  2. World Anti-Doping Agency. International Standard for Testing and Investigations (ISTI). Montreal: WADA; 2021.
  3. World Anti-Doping Agency. International Standard for Results Management (ISRM). Montreal: WADA; 2021.
  4. World Anti-Doping Agency. International Standard for the Protection of Privacy and Personal Information (ISPPPI). Montreal: WADA; 2021.
  5. World Anti-Doping Agency. Athletes' Anti-Doping Rights Act. Montreal: WADA; 2020.
  6. World Anti-Doping Agency. International Standard for Laboratories (ISL). Montreal: WADA; чинна редакція.
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Andriy Melnyk

A strength-sports coach and author of programs for beginner and intermediate levels. Writes about training planning.

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