Book contents
- Frontmatter
- Contents
- List of figures
- Table of cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: the 2009 Code
- Index
6 - Article 3 of the Code: the proof of anti-doping rule violations under the Code
Published online by Cambridge University Press: 24 June 2009
- Frontmatter
- Contents
- List of figures
- Table of cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: the 2009 Code
- Index
Summary
Introduction
Article 3.1 of the Code provides for both the burden and the standard of proof in proceedings before tribunals or CAS under the Code. As has been outlined above, the proof of the violations contained in Articles 2.2 and 2.4–2.8 of the Code, will usually cover a wider range of factual circumstances and potentially probative evidential material, than will be the case with violations under Articles 2.1–2.3. In hearings involving a broader range of factual matters, national and international tribunals and CAS, whether at first instance or on appeal, are more likely to be required to weigh a range of factual issues, as opposed to limited issues such as whether a test result has been reached after following the proper process and is valid. In such hearings, there will inevitably be a greater focus on the application of the principles concerning the burden and standard of proof to the evidence presented to establish the alleged violations.
The general burden of proof
Burden on the anti-doping organisation
Article 3.1 provides that the burden of establishing that an anti-doping rule violation has occurred lies on the anti-doping organisation bringing the allegation. The organisation will have to establish the elements of the anti-doping rule violation alleged to have been committed.
- Type
- Chapter
- Information
- A Guide to the World Anti-Doping CodeA Fight for the Spirit of Sport, pp. 133 - 144Publisher: Cambridge University PressPrint publication year: 2008