If there is a suspicion that an athlete has violated anti-doping regulations, NADA Germany carries out the so-called results management procedure: The facts of the case are investigated and legally evaluated. The procedure is governed by the new standard for results management, which has been in effect since January 1, 2021.
If there is a suspicion that an athlete has violated anti-doping regulations, NADA Germany carries out the so-called results management procedure: The facts of the case are investigated and legally assessed. The procedure is governed by the new 'Standard für Ergebnismanagement-/Disziplinarverfahren' (SfED, International Standard for Results Management), which has been in force since 01.01.2021.
Anti-doping rule violations are defined in Art. 2 NADC. This includes a positive sample, but also Whereabouts filing failures or missed test or the placing on the market of doping substances as well as the contact with banned coaches.
The results management process begins with the notification of the person concerned who has committed a possible anti-doping rule violation. In this notification, the person concerned is offered to comment on the allegation of the doping violation. The affected person's statement shall be taken into account in the legal assessment.
After investigation and legal assessment of the facts, NADA Germany issues a sanction notice in accordance with Article 5 SfED. The sanction notice informs about the intended sanction - for example a ban. The athlete or the person concerned (e.g. support staff) may then accept NADA Germany's intended sanction or request that disciplinary proceedings be conducted.
At any point in the results management procedure, the following applies: If NADA comes to the conclusion that no doping violation has occurred (e.g. because a TUE has been obtained), it terminates the procedure.
Acquistion of Results Managament-/Disciplinary Proceedings
Depending on whether results management and disciplinary procedure were transferred to NADA by the sports federation in question, the possible violation of anti-doping rules is processed by the employees of the NADA legal department or passed on to the responsible sports federation.
An overview of the federations for which NADA Germany carries out proceedings.
Filing Failures and Missed Tests
Filing Failures and Missed Tests (so-called "Strikes") may be determined for Missed Tests within the 60-minute Testing Time Window individually specified by an Athlete (concerns only the Registered Testing Pool, RTP) as well as for Filing Failures (RTP), i.e. the incomplete or incorrect declaration of whereabouts. Possible failures (RTP and National Testing Pool, NTP) are reviewed by NADA Germany in a panel of three persons; it also issues the "strikes". An independent body can then, at the request of the athlete concerned, formally review the accuracy of the procedure in an administrative review (not the content). Since May 1, 2017, the Administrative Review has been conducted by "SportsLawyer - Law Firm for Sports Law".
If three "Strikes" are found against an athlete of the RTP within a period of 12 months, a results management/disciplinary procedure for an anti-doping rule violation will be initiated by NADA Germany or the respective national sports federation, which may generally result in a suspension of two years with the possibility of a reduction of the suspension depending on the degree of fault of the athlete. However, the minimum period of Ineligibility is one year. If there are "strikes" from different organizations (WADA, NADA Germany as well as the competent international sports federation), these are added together. Depending on this, the international sports federation may also be responsible for the further procedure. In a results management/disciplinary procedure, the athlete has the opportunity to present further excuses for all strikes.
Change for NTP athletes starting 2021
With the new regulations entering into force, there has been an important change for NTP athletes since January 1st, 2021: If a filing failure is determined, the filing requirements of the RTP apply to the athlete the day of notification. From this point on, filing failures and missed tests can also be identified, which can form the basis for a violation under Article 2.4 NADC. Please note the information in this info sheet.