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					Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

ANTI-DOPING SEARCH AND DISCOVERY PROGRAM AIS DOMESTIC GUIDELINES

Effective as at August 2005

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

CONTENTS
Section 1 – Glossary 1. 2. Definitions Interpretation

Page 3 3 5 6 6 6 6 7 7 8 9 10 10 10 11 12 14 14 14 15 16

Section 2 – General Information 3. 4. 5. 6. 7. 8. 9. Introduction What right does the ASC have to conduct a search? Who will conduct a search? Must the Athlete be present during a search? What if an Athlete refuses to allow a search, removal of Evidential Material or to comply with directions? Random room searches Targeted room searches

Section 3 – Search Process 10. What occurs before the search? 11. What occurs during the search? 12. What if Evidential Material is found during a search? 13. What occurs after the search? Section 4 – Inadvertent Discovery of Evidential Material 14. What if Evidential Material is inadvertently found? 15. Principles for ASC employees 16. Principles for non-employees Section 5 – Medical Item Discovery Diagram

Effective as at August 2005

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

SECTION 1:
1. Definitions

GLOSSARY

In these Guidelines, the following expressions have the following meanings: AIS AIS Camp Visitor Australian Institute of Sport, a division of the ASC. Any athlete (excluding AIS Scholarship Athletes for the purposes of these Guidelines), coach, trainer, manager, agent, team staff, official, parent, guardian, medical or paramedical personnel that visits and stays at AIS Premises for a sports camp. Any premises or room owned, leased or otherwise provided by the ASC/AIS, including any premises or room leased using money provided by the ASC/AIS for this purpose (including Athlete Leased Premises). This may include town houses, apartments and hotel rooms. Any athlete that holds an AIS scholarship of any form. Australian Sports Commission (including the AIS). The ASC Anti-Doping Policy as amended by the ASC from time to time and all AIS policies as amended by the AIS from time to time, including the AIS Self-Injection Policy and AIS Residence Rules. An identification card issued by the ASC identifying a person as Search and Discovery Personnel. Any AIS Scholarship Athlete or AIS Camp Visitor. Any premises or room leased by an athlete using the AIS living away allowance to pay for some or all of the rent. This may include a room in a shared house, town house, or apartment. Any Material the possession of which may be a breach of any ASC/AIS Policy, any applicable anti-doping policy of another organisation or any applicable law. In the case of searches of AIS Canberra Residences, a person appointed by the ASC/AIS to provide support to athletes in residence. In the case of searches of other AIS Premises, a person with a similar role or expertise (other than a coach) selected by the Search and Discovery Personnel.

AIS Premises

AIS Scholarship Athlete ASC ASC/AIS Policies

ASC Identification Card

Athlete Athlete Leased Premises

Evidential Material

House Parent

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines Independent Observer A person who is not an employee of the ASC and, in the case of contracted Search and Discovery Personnel, who is not an employee of the contracted service provider. Report based on template provided by the ASC to be completed by the Independent Observer and forwarded to the ASC following the conclusion of a Search Operation. A letter from the ASC Executive Director confirming authorisation of the Search and Discovery Personnel to conduct searches in accordance with these Guidelines. Any goods, materials, documents, electronic information or substances. An item that is prescription medication, over the counter medication, non-labelled powder or tablets or medical equipment such as a syringe. Publication that provides information on medicines, published by and amended from time to time by MIMS Australia. Person to be contacted when the ASC Executive Director is unable to be contacted, in the following order until one is contacted:  Director, AIS;  Director, Sport Performance & Development, ASC;  Director, Corporate Services, ASC;  Director, Commercial & Facilities, ASC. The ASC Anti-Doping Search and Discovery AIS Domestic Program. AIS scholarship agreement entered between an AIS Scholarship Athlete and the ASC/AIS. ASC employees or ASC contractors (or contractors’ employees) authorised to conduct searches of AIS Premises. The ASC Anti-Doping Search and Discovery Domestic Program Procedures Manual as amended by the ASC from time to time. Report that includes information on the conclusion of any further action (including any proceedings, investigations, tribunals, disciplinary action, test results, follow-up) following a search.

Independent Observer Search Report

Letter of Authority

Material

Medical Item

MIMS

Nominated Representative

Program

Scholarship Agreement

Search and Discovery Personnel

Search and Discovery Procedures Manual

Search and Discovery Termination Report

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines Search and Seizure Kit Kit used to search for, remove and store Evidential Material. The kit may contain items such as gloves, sealable evidence bags, security tape, sharps container, tweezers, torch, copy of MIMS, copy of the SIR, policy documents and a Search and Seizure Record book. In-triplicate document provided by the ASC to be completed by Search and Discovery Personnel to record information regarding a search. AIS Self Injection Register. All searches conducted at a particular location on a particular day. AIS sports camp registration conditions agreed to by AIS Camp Visitors. Report based on template provided by the ASC to be completed by the Search and Discovery Personnel following the conclusion of a Search Operation that provides a summary of that Search Operation. Nutritional products which may include sport foods, dietary supplements and ergogenic (work enhancing) aids. Therapeutic Use Exemption in accordance with the World Anti-Doping Agency International Standard for Therapeutic Use Exemptions. Interpretation In these Guidelines, words (including defined expressions) in the singular include the plural and vice versa. In these Guidelines, references to ‘including’, ‘for example’ and similar words are not words of limitation.

Search and Seizure Record

SIR Search Operation

Sports Camp Registration

Summary Search Report

Supplement

TUE

2. 2.1 2.2

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

SECTION 2:
3. 3.1 3.2 Introduction

GENERAL INFORMATION

The ASC has implemented the Program as one of the elements of the ASC’s strategy to combat doping activities in sport. The specific purposes of the Program are to: (a) (b) (c) support and further develop the culture of accountability that the ASC strives to maintain amongst AIS Scholarship Athletes; deter doping activities by AIS Scholarship Athletes; and ensure that AIS Premises are not being used for the purposes of doping activities.

3.3 3.4

These Guidelines reflect advice to the ASC on best practice methodology as applicable to the ASC. These Guidelines set out the course of action to be followed, in Australia, for: (a) (b) (c) random room searches; targeted room searches; and inadvertent discovery of Evidential Material.

3.5 3.6 4. 4.1

If these Guidelines are not followed, the Search and Discovery Personnel must document the non-compliance and their justification for non-compliance. The ASC may amend these Guidelines from time to time. What right does the ASC have to conduct a search? Under the terms of each Scholarship Agreement and Sports Camps Registration, Search and Discovery Personnel may, at any time and without prior notice, enter any AIS Premises, conduct a search and remove what they believe to be Evidential Material. Under the terms of each Scholarship Agreement and Sports Camps Registration, Athletes must comply with all reasonable directions given by Search and Discovery Personnel during any search of AIS Premises. Who will conduct a search? Search and Discovery Personnel for each search will comprise two carefully selected, screened and suitably trained ASC staff members and/or ASC contractors (and/or contractor’s employees) who do not have regular interaction with Athletes.

4.2

5. 5.1

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines 5.2 One of the two Search and Discovery Personnel will be primarily responsible for physically performing the search, while the other Search and Discovery Personnel will be primarily responsible for explaining the search process to the Athlete, including answering any questions and recording information. An Independent Observer will attend each search. This person will observe the search process to monitor compliance with these Guidelines and may provide suggestions to the Search and Discovery Personnel for such purpose. The Independent Observer has no power to direct the Search and Discovery Personnel. A House Parent will attend each search and will remain outside the Athlete’s room unless the Athlete requests the House Parent remain in the room. The House Parent will provide support to the Athlete if required, but has no power to direct the Search and Discovery Personnel. The House Parent is selected by the Search and Discovery Personnel, not the Athlete. It is not necessary that the House Parent is known to the Athlete. Search and Discovery Personnel for each search will include at least one person of the same gender of the Athlete whose room is to be searched. The ASC will issue ASC Identification Cards to all Search and Discovery Personnel. Must the Athlete be present during a search? A search of an Athlete’s room should be conducted in the presence of the Athlete who resides in the room (subject to clause 9.3(c)). If the Athlete chooses not to remain, the search will continue. If more than one Athlete resides in a room, a search of the room should be conducted in the presence of all the Athletes who reside in the room (subject to clause 9.3(c)). If one of the Athletes is absent, then a search will not be conducted (subject to clause 9.3(c)). If one or more of the Athletes choose not to remain, the search will continue. If the search is of AIS Premises such as a town house or apartment, a search of all bedrooms will be conducted where the Athlete who resides in the bedroom is present (subject to clause 9.3(c)). A search will also be conducted of all common areas in the town house or apartment. What if an Athlete refuses to allow a search, removal of Evidential Material or to comply with directions? If an Athlete refuses to allow Search and Discovery Personnel to enter the Athlete’s room, to conduct a search, to remove what the Search and Discovery Personnel believe to be Evidential Material or to comply with reasonable directions given by Search and Discovery Personnel, the Search and Discovery Personnel should advise that:

5.3

5.4

5.5 5.6 6. 6.1

6.2

6.3

7. 7.1

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines (a) the terms of the Athlete’s Scholarship Agreement or Sports Camps Registration allow Search and Discovery Personnel to, at any time and without prior notice, enter the room, conduct the search, and remove what the Search and Discovery Personnel believe to be Evidential Material and require the Athlete to comply with all reasonable directions given by Search and Discovery Personnel during the search; and as a consequence of such refusal, the AIS may: (i) in the case of an AIS Scholarship Athlete, terminate the AIS Scholarship Athlete’s Scholarship Agreement and/or take action under the ASC Anti-Doping Policy; or (ii) in the case of an AIS Camps Visitor, terminate the AIS Camps Visitor’s visiting rights immediately and/or take action under the ASC Anti-Doping Policy. 7.2 It will be considered a refusal to comply with reasonable directions during a search if an Athlete refuses to unlock locked areas of the room or locked items, turn out their pockets or remove any items from their clothing when requested by Search and Discovery Personnel. Under no circumstances may Search and Discovery Personnel use physical force against an Athlete or otherwise touch an Athlete, or use physical force against a barrier to entry to a room (such as a door), to an area in a room, or to a locked item (such as a safe). If the search cannot be conducted without the use of such physical force, the Search and Discovery Personnel will not conduct the search and should make a detailed written record of the event as soon as reasonably possible after the event. Under no circumstances may Search and Discovery Personnel undertake a search of an Athlete’s body or clothes while they are being worn by the Athlete or require an Athlete to remove any clothes. An Athlete may be asked to turn out their pockets and remove any items from their clothing. Under no circumstances may Search and Discovery Personnel detain an Athlete. Random room searches Random room searches will only be conducted of rooms of AIS Scholarship Athletes. AIS locations and rooms will be randomly selected. Particular AIS Scholarship Athletes or sports will not be targeted under the random search program. If an AIS Scholarship Athlete whose room has been randomly selected is not present at the time that a search is scheduled to be conducted, an alternative randomly selected room may be searched. Random room searches will be conducted in accordance with the search process in Section 3 of these Guidelines. Random room searches will not be conducted of rooms of AIS Camp Visitors. page 8

(b)

7.3

7.4

7.5 8. 8.1 8.2 8.3

8.4 8.5

Effective as at August 2005

Anti-Doping Search and Discovery Program – AIS Domestic Guidelines 8.6 9. 9.1 Random room searches will not be conducted of Athlete Leased Premises. Targeted room searches Targeted room searches may be conducted of rooms of both AIS Scholarship Athletes (including Athlete Leased Premises where legally authorised) and AIS Camp Visitors. Targeted room searches will be conducted when the ASC Executive Director directs a search to be undertaken based on information received. Targeted room searches will be conducted in accordance with the search process in Section 3 of these Guidelines. The only differences to random searches may be: (a) (b) (c) the Athlete may be advised that the search is being undertaken based on information the ASC has received; the search may be more comprehensive; and the search may take place in the Athlete’s absence if the Athlete has been away or is scheduled to be away from the AIS Premises for five days or more.

9.2 9.3

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

SECTION 3:
10. 10.1 10.2

SEARCH PROCESS

What occurs before the search? The Search and Discovery Personnel conducting a search should bring a Search and Seizure Kit, their ASC Identification Cards and a Letter of Authority to the search. Before commencing the search, the Search and Discovery Personnel should: (a) identify each of the Search and Discovery Personnel, the Independent Observer and the House Parent and their respective roles to the Athlete whose room is being searched; show the Athlete their ASC Identification Cards and the Letter of Authority; advise the Athlete that: (i) (ii) (iii) (iv) the Athlete should be present during the search but must not interfere with the search in any way; the search will continue even if the Athlete chooses not to remain; the House Parent will be outside the room unless the Athlete specifically requests for the House Parent to be in the room; if the Search and Discovery Personnel discover what they believe to be Evidential Material, they will video record the remainder of the search, including recording anything the Athlete may say; if any items are removed, the Athlete will receive a receipt for the items and will be advised of what will happen to the items; the Athlete will be compensated for any damage caused by the Search and Discovery Personnel during the search; and

(b) (c)

(v) (vi) (d)

ask the Athlete if they have anything in their room or on their person that they wish to declare (including any item that may possibly breach any ASC/AIS Policy, any applicable anti-doping policy of another organisation or any applicable law, or that requires a TUE or is required to be registered on the SIR).

11. 11.1

What occurs during the search? During the search, the Search and Discovery Personnel should: (a) (b) wear gloves; thoroughly search the room in accordance with the Search and Discovery Procedures Manual, including a visual survey of the room and inspection of personal property; and page

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines (c) ask the Athlete to unlock any item that is locked by way of padlock, electronic password or otherwise. If the Athlete refuses such a request, the Search and Discovery Personnel may, if reasonably practicable, remove the item.

11.2

All property in a room is deemed to be in the care, custody and control of the Athlete that resides in the room. If an Athlete states that any property is owned by a third party, the Athlete will be requested to reveal the contents of that property. If that property is locked and the Athlete is unable or unwilling to unlock it, the Search and Discovery Personnel may, if reasonably practicable, remove the property. The Search and Discovery Personnel should take all reasonable care with property when conducting a search. If there is any property damaged by the Search and Discovery Personnel during a search, the ASC will bear the cost of repair or replacement. Any damage will be recorded on the Search and Seizure Record. What if Evidential Material is found during a search? In the event that the Search and Discovery Personnel discover Material that they suspect may indicate that the Athlete may have breached the law, whether or not they may also have breached an ASC/AIS policy or any applicable anti-doping policy of another organisation, the Search and Discovery Personnel should: (a) (b) (c) (d) (e) immediately end the search; ask the Athlete to leave the room; lock and secure the room; call the ASC Executive Director (or, if he cannot be contacted, a Nominated Representative) and call the local police; and stay at the AIS Premises until the local police arrive and provide all assistance reasonably requested by the local police.

11.3

12. 12.1

12.2

In the event that the Search and Discovery Personnel discover Material that they believe possession of which may be in breach of the ASC Anti-Doping Policy or any applicable anti-doping policy of another organisation, the Search and Discovery Personnel should follow the Search and Discovery Procedure Manual, including: (a) (b) (c) (d) call the ASC Executive Director (or, if he cannot be contacted, a Nominated Representative); video record the item in its original position found (and video record the remainder of the search); securely seal and remove the item; record details of the discovery and the item on the Search and Seizure Record; and page

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines (e) 12.3 provide the Athlete with a receipt for the removed item.

In the event that the Search and Discovery Personnel discover Material that they suspect may be a Supplement, then the Search and Discovery Personnel should: (a) follow the process outlined in clause 12.2 if they suspect the Material to be a D Group classified supplement (as categorised under the AIS Supplement Classification System); or if they suspect the Material to be an A, B or C Group classified supplement (as categorised under the AIS Supplement Classification System), record details of the discovery and the Material on the Search and Seizure Record.

(b)

12.4

In the event that the Search and Discovery Personnel discover Material that they suspect may be a Medical Item, then the Search and Discovery Personnel should: (a) follow the process outlined in Section 5 of these Guidelines (Medical Item Discovery Diagram) to identify what type of Medical Item it may be and whether the item should or should not be removed; video record the item in its original position found (and video record the remainder of the search); if the item is to be removed, securely seal that item; record details of the discovery and the item, whether or not removed, on the Search and Seizure Record; and provide the Athlete with a receipt for any removed item.

(b) (c) (d) (e) 12.5

In the event that the Search and Discovery Personnel discover Material that they suspect the possession of which may be in breach of AIS Residence Rules or any other AIS policy, then the Search and Discovery Personnel will record details of the discovery and the item on the Search and Seizure Record. At the completion of every search, regardless of whether any Material is discovered to which any of clauses 12.1 to 12.5 apply, the Search and Discovery Personnel should complete the Search and Seizure Record and have it signed by the Search and Discovery Personnel, the Independent Observer, and the Athlete. If any of these persons refuse to sign the Search and Seizure Record, the Search and Discovery Personnel should make a note of the refusal on the Search and Seizure Record. What occurs after the search? Any Material related to suspected breaches of the law will be handled by the local police. Any Material that is removed from an Athlete’s room for reason of suspected breach of the ASC Anti-Doping Policy or any applicable anti-doping policy of another organisation will be handled in accordance with the Search and Discovery Procedures Manual. This may include being sent for sample analysis testing and/or forensic testing (fingerprinting and/or DNA testing). page

12.6

13. 13.1 13.2

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines 13.3 13.4 With respect to any suspected Medical Items that require a TUE, the ASC will check whether the Athlete has a TUE for the item. With respect to the discovery any Material related to a suspected breach of AIS Residence Rules, the ASC will advise the AIS Assistant Director, Sport Programs of the discovery. Following each Search Operation, Search and Discovery Personnel will complete and forward to the ASC a Summary Search Report with copies of each individual Search and Seizure Record from the Search Operation attached. Following each Search Operation, the Independent Observer will complete and forward to the ASC an Independent Observer Search Report. Any removed Material or results of a search may be used against an Athlete in any investigation or proceeding. The ASC may disclose the results of a search to any sporting organisation of which the respective Athlete is a member and/or to any relevant authority. If Material removed from an Athlete’s room by Search and Discovery Personnel is subsequently found by the ASC to not provide evidence of a breach of any ASC/AIS Policy, any applicable anti-doping policy or any applicable law, then the Material will be replaced or returned to the Athlete as soon as reasonably practicable.

13.5

13.6 13.7 13.8 13.9

13.10 If Material is removed from an Athlete’s room by Search and Discovery Personnel, and/or if a TUE needs to be followed up, on completion of all further action (including any proceedings, investigation, tribunals, disciplinary action, test results), a Search and Discovery Termination Report will be completed by the ASC and filed by the ASC in a secure area.

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

SECTION 4:
14. 14.1

INADVERTENT DISCOVERY OF EVIDENTIAL MATERIAL

What if Evidential Material is inadvertently found? There may be circumstances when an ASC employee or an ASC contractor (or contractor’s employee) inadvertently discovers or is advised of what they suspect may be Evidential Material on AIS Premises. Given these circumstances will vary considerably, it is impracticable to provide a process that must be followed for every circumstance. However, clauses 15 and 16 outline general principles to be followed wherever possible. Principles for ASC employees Where an ASC employee inadvertently discovers or is advised of what they suspect may be Evidential Material on AIS Premises, they should make every endeavour to: (a) (b) (c) (d) not touch anything in the room; ask all persons, if any, in the room or premises to leave immediately without touching or removing any items; lock and secure the room; call security (if at AIS Residences Canberra or Griffith University) or other appropriate person such as the facility manager (if at another location) and have them stay outside the room so that no unauthorised person enters the room including the Athlete; call the ASC Executive Director (or, if he cannot be contacted, a Nominated Representative) or arrange for someone else to call the Executive Director (or Nominated Representative). The ASC Executive Director (or Nominated Representative) will decide whether or not to contact the police or to direct Search and Discovery Personnel or other authorised ASC representatives to search the premises; if the Search and Discovery Personnel or other authorised ASC representative are called by the ASC Executive Director (or Nominated Representative), remain until they arrive and answer all reasonable questions. The Search and Discovery Personnel will follow the Search process outlined in Section 3 of these Guidelines; and if the police are called, remain until they arrive and answer all their questions. If a search is undertaken by the police, they will follow their own standard search and seizure procedures. This may vary from the procedures outlined in these Guidelines.

15. 15.1

(e)

(f)

(g)

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines 16. 16.1 Principles for non-employees The ASC will endeavour to identify relevant non-employees of the ASC, including contractors and contractors’ employees who have access to AIS Premises, and provide them with the following guidance on what to do if they inadvertently discover what they suspect may be Evidential Material on AIS Premises: (a) (b) (c) (d) do not touch any Material; lock the door; call a nominated person for the particular premises (this may be the person’s supervisor or the relevant facility manager); and do not search or remove anything from a room unless directed to do so by an authorised ASC employee.

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Anti-Doping Search and Discovery Program – AIS Domestic Guidelines

SECTION 5:

MEDICAL ITEM DISCOVERY DIAGRAM
DISCOVERED MEDICAL ITEM

Video record item in original position found

Prescription medication (should be labelled)

Over the counter Medication

Non-labelled items

Equipment (syringe)

Inhaled asthma medication# Insulin* Adrenaline* Glucagen Hypokit* Cortisone tablets# Contraceptive Pill

All other

Consult MIMS

REMOVE

Check if Athlete on SIR

Consult MIMS If permitted in sport, no further action If permitted in sport, no further action If on SIR, do NOT remove

Do NOT remove If not permitted in sport and requires a TUE, do NOT remove. Note on record for follow-up If not permitted in sport (whether or not a TUE may apply), REMOVE If not on SIR, REMOVE

1. *If not on SIR, note on record to follow-up 2. #Note on record for TUE check

If not permitted in sport and TUEs are not applicable, REMOVE

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