Why legal assistance?
Your defence begins with the first notification
Anti-doping legislation is a complex interplay of international rules (the WADA Code), European legislation (the UNESCO Convention), national decrees and federation regulations. A violation — even without intent — can lead to a suspension of several years.
Everest Sports Law guides athletes and clubs from the first notification through the entire doping process. The principle of strict liability makes it essential to act promptly: engaging your lawyer before responding to the official notification is the best first step.
No-obligation consultationThe 10 anti-doping rule violations (WADA Code, Art. 2)
The WADA Code defines 10 separate violations. A breach does not necessarily require intent or fault.
1. Presence of a prohibited substance
The presence of a prohibited substance (or its metabolites or markers) in an athlete’s bodily specimen, regardless of its origin or the manner in which it entered the body.
2. Use of a prohibited substance or method
Use or attempted use by an athlete of a prohibited substance or a prohibited method.
3. Refusal or evasion of sample collection
Refusing to submit to sample collection without compelling justification after being notified in accordance with the applicable rules.
4. Whereabouts failures
Three missed tests or filing failures within a 12-month period, applicable to athletes subject to a registered testing pool.
5. Tampering with the testing process
Fraud or attempted fraud with any part of doping control, including sabotage of sample collection or analysis.
6. Possession of prohibited substances
Possession of a prohibited substance or method by an athlete or support person, unless a valid medical exemption (TUE) can be demonstrated.
7. Trafficking in prohibited substances
Trafficking or attempted trafficking in any prohibited substance or method, regardless of the manner or stage involved.
8. Administration to athletes
Administration or attempted administration to any athlete, in-competition, of any prohibited substance or method, or administration out-of-competition of substances that are prohibited at all times.
9. Complicity
Assisting, encouraging, aiding, abetting, conspiring, covering up or otherwise being complicit in a doping violation committed by another person.
10. Prohibited association
Association with an athlete or support person who is serving a doping suspension or has been convicted of an offence related to doping.
Procedure: how does a doping case unfold?
Elite athlete
Tried at first instance by the Flemish Doping Tribunal (VDT). Appeal is possible before the Court of Arbitration for Sport (CAS) in Lausanne. Cyclists are subject to separate procedures under their federations.
Amateur & recreational athlete
First instance: Disciplinary Committee. Appeal: Disciplinary Board. An action for annulment before the Council of State is subsequently possible. Everest Sports Law represents athletes before all these bodies.
Strict liability
The WADA Code provides for a principle of strict liability: an athlete is fully responsible for any substance found in their body, regardless of intent. Fault only affects the severity of the sanction, not the establishment of the violation itself.