Football players’ liability for doping
On ESplatform Karolina Skrzypczyk of the LSW corporate law team explains the principles of disciplinary liability of footballers in case of doping.
In case of a positive anti-doping test, that is if prohibited substances are discovered in the player’s body, the provisions of FIFA and UEFA anti-doping rules essentially provide for disqualification of the athlete for a period of 4 years. The definition of violation and the sanctions applied in both regulations are identical to those in the WADA (World Anti-Doping Agency) Code since sports federations are bound by the Agency’s guidelines.
A positive anti-doping test gives rise to disciplinary liability, while the duration of the sanction (punishment) depends among others on the player’s intention, that is the degree of culpability accepted by the disciplinary authority.
What does this mean?
The Regulations provide for different periods of suspension depending on whether the discovered substance is a „specified” or „unspecified” one and on proving the intention. Briefly speaking, a violation involving „unspecified” substances is subject to a basic sanction of 4 years unless the athlete proves that the violation was unintentional. In this case the suspension is limited to 2 years. On the other hand, if the violation involves a „specified” substance the athlete is subject to a basic sanction of 2 years unless the disciplinary body proves that the violation was deliberate. In this case the suspension period is extended to four years.
Fortunately for sportsmen and women, there is a number of measures available to them to reduce or avoid such a long suspension period. The entire article is available HERE
Link to the article: HERER
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