Strict liability: what does this mean?
Issue: Volume 28 Number 4
If an athlete you coached won a silver medal in an event, in which the gold medal winner was found to have competed with a prohibited substance in their system (whether intentional or unintentional) do you think your athlete should be awarded the gold medal?
Under the World Anti-Doping Code, the principle of strict liability applies - this means an anti-doping rule violation occurs whenever a prohibited substance is found in an athlete’s sample.
The anti-doping rule violation occurs whether the athlete intentionally or unintentionally used a prohibited substance or was negligent or otherwise at fault. This may seem harsh in some cases however the enforcement of strict liability means a ‘clean athlete’ is not disadvantaged. While the determination of whether the anti-doping rule has been violated is based on strict liability, the imposition of a fixed period of ineligibility is not automatic.
An athlete found to have committed an anti-doping rule violation for the presence of a prohibited substance in their sample has the opportunity to argue for a reduced sanction based on no fault or no significant fault or negligence.
When an athlete commits an anti-doping rule violation in connection with an in-competition test, this automatically leads to the disqualification of the individual result obtained in that competition, including forfeiture of any medals, points or prizes.
It is important to remember that athlete support personnel, including doctors and team coaches, are subject to anti-doping policies and can be sanctioned if they are found to commit an anti-doping rule violation.
It is also important to remember that an athlete with a documented medical condition requiring the use of a prohibited substances or method should obtain a therapeutic use exemption in accordance with applicable anti-doping policies.
As a coach, you should:
- remind your athletes they must take full responsibility for what they ingest and use
- remind your athletes they must inform medical personnel of their obligations not to use prohibited substances and methods
- use your influence on athletes’ values and behaviour to foster anti-doping attitudes
- be knowledgeable of and comply with anti-doping policies that apply to you and your athletes, including therapeutic use exemption provisions.
Athletes are responsible for any substance that may be found in their bodies. It does not matter how the substance got there. If an athlete tests positive, the result is a disqualification, and possible sanction or suspension. Ultimately, athletes are responsible for what they ingest. (World Anti-Doping Agency)
