This is an example of the type of letter ASADA will prepare for the AFL to send to *.
Mr *
C/O *FC
Tullamarine
Dear Mr *,
Re: Anti-Doping Rule Violation
We refer to the Register of Findings letter sent to you by the Australian Sports Anti-Doping Authority (ASADA) dated XXXXXXX.
We notify you that the Australian Football League (AFL) believes that you have violated rule XXXX of Chapter X of the AFL’s Competition Rules 2012. Chapter X of these Rules comprise the anti-doping policy of the AFL (the Policy). Rule XXXX of the Policy <<insert specific section relating to how they were found to be guilty – all the evidence – usually this is refusing or failing without compelling justification to submit to Sample collection after notification as authorized in applicable anti-doping rules or otherwise evading sample collection (Failure to Comply) constitutes an anti-doping rule violation. It was alleged that on XXXXXXXXX, at the XXXXX in XXXX, XXXX, you committed a Failure to Comply OR in relation to the adverse analytical finding detected in sample #XXXXXXX and the alleged presence of a prohibited substance in that sample. The alleged presence of a prohibited substance or its metabolites or markers in an athlete’s sample is an Anti-Doping Rule Violation as prescribed in Rule XXX of the Policy.>>
We understand that ASADA also forwarded to you an infraction notice dated XXXX. The infraction notice provided you with a 14 day period within which to elect to have a hearing in relation to this matter. ASADA has informed the AFL that on XXXXX, you waived your right to a hearing in this matter. Accordingly, under rule XXX of the Policy, a sanction can be applied in accordance with rule XXX of the Policy. The Anti-Doping Rule Violation Panel (ADRVP) has considered your matter and the submission you provided to it, and has recommended to the AFL that you be subject to a period of Ineligibility of two (2) years. (You can only hope!!)
Period of Ineligibility
The AFL hereby informs you, in accordance with rule XXXX of the Policy, that it has decided to impose a period of ineligibility on you, and that the period of ineligibility for your violation is two (2) years. Furthermore, under the Policy the appropriate start date of the period of ineligibility is XXXXX, being the date on which you made admissions concerning the anti-doping rule violation to the ADRVP.
We draw your attention to rule XXXXX of the Policy, which provides in part:
“Status During Ineligibility
Prohibition Against Participation During Ineligibility
No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in any Competition or activity, other than in authorised anti-doping education or rehabilitation programs, which are authorised or organised by the AFL or any Area Association or Member (or any Club or other member organization of a Member) or Signatory (or Signatory’s member or a club or other member organization of a Signatory’s member) or in competitions authorised or organised by any professional league or any international or national-level organization”.
Furthermore, under the mutual recognition of decision rules, you are also prohibited from competing in all other sports with a World Anti-Doping Agency compliant anti-doping policy. Other relevant sports and stakeholders will be informed of the outcome of your matter in accordance with the Policy.
Please note however that this does not prohibit you from participating in sport on a purely recreational level. Should you have a question as to what level of participation constitutes “recreational participation”, please contact the AFL or ASADA to discuss.
Accordingly, you are eligible to re-commence competing in sport from XXXXXXX.
Yours sincerely
Gillon McLachlan
CEO
AFL
CC Senior ASADA Lawyer