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The fight against doping in sport seems to be never ending and sports governing bodies – at the national and international levels – are committed to providing clean sport, whereby sportspersons can compete fairly and healthily.<\/span><\/p>\n In Switzerland, anti-doping matters are regulated by the Swiss Olympic Doping Statute of 26 November 2021, which came into force on 1 January 2022, and which implements the World Anti-Doping Code of the World Anti-Doping Agency (WADA).<\/span><\/p>\n One of the measures towards achieving clean sport is the so-called \u2018whereabouts rule\u2019, which was introduced by WADA on 1 January 2009, and which continues to prove controversial amongst sportspersons. <\/span><\/p>\n For example, the recently retired 22-time Grand Slam tennis champion, Rafael Nadal, has described the rule as \u201c<\/span>a high price to pay to practise your sport<\/i><\/span>.\u201d Other critics have characterised the rule as \u201c<\/span>an unjustified invasion of privacy<\/i><\/span>.\u201d We also think that the rule lacks proportionality and that it should be enough to mention the training place and time.<\/span><\/p>\n However, WADA claims that the rule is needed so that out-of-competition doping tests, conducted at any time and without prior notification, can be planned efficiently.<\/span><\/p>\n All sportspersons and teams concerned must provide their whereabouts on a quarterly basis. Sportspersons provide their own whereabouts information themselves, and, in the case of team sports, the information is provided by the team administrator on behalf of the team members.<\/span><\/p>\n The whereabouts information must be submitted, covering the following quarter in full, with the following deadlines:<\/span><\/p>\n Any and all changes of plan\u00a0or additional information must be updated immediately to ensure that the information is complete and up to date.<\/span><\/p>\n The required whereabouts information is quite detailed, many would say quite unreasonable and invasive, and includes where sportspersons and team members will be between the hours of 6 a.m. and 11 p.m. on any given day during the three months.<\/span><\/p>\n Imprecise, incomplete, and out-of-date information, as well failures to provide this information on time, may result in sanctions. <\/span><\/p>\n Also, any combination of three missed tests and\/or filing failures with Swiss Sport Integrity and\/or the International Sports Federation within a 12-month period are deemed to be a whereabouts failure. Under Article 2.4 of the Swiss Olympic Doping Statute, this constitutes an anti-doping rule violation (ADRV) and may be punished by a suspension.<\/span><\/p>\n In the case of whereabouts failures involving Swiss Sport Integrity, athletes may apply for an administrative legal review pursuant to the corresponding rules of procedure.<\/span><\/p>\n If not satisfied with the outcome of this review, an appeal lies to the Anti-Doping Division (ADD) of the Court of Arbitration for Sport (CAS), as a first instance body, to decide whether an ADRV has been committed and, if so, to determine the appropriate sanction to be imposed. In general, a further appeal lies from the decision of the ADD to the CAS Appeals Arbitration Division, and from there, in limited circumstances, to the Swiss Federal Supreme Court.<\/span><\/p>\n For further information and advice on the whereabouts rule and on doping cases generally, including appeals, email Noemi Delli Colli at \u2018dellicolli@valloni.ch\u2019.<\/b><\/span><\/p>\n","protected":false},"excerpt":{"rendered":" The fight against doping in sport seems to be never ending and sports governing bodies – at the national and international levels – are committed to providing clean sport, whereby sportspersons can compete fairly and healthily. In Switzerland, anti-doping matters are regulated by the Swiss…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[55],"tags":[93,94,95,74,96],"class_list":["post-23031","post","type-post","status-publish","format-standard","hentry","category-news-de","tag-adrv-de","tag-anti-doping-de","tag-cas-add-de","tag-wada-de","tag-whereabouts-de"],"yoast_head":"\n\n