Suspended Persons

As per the World Anti-Doping Code (Code), it is only mandatory to publish anti-doping rule violations once those are confirmed and sanctions are imposed. The Code provides limited instances, such as cases involving protected athletes, minors, recreational athletes and exceptional cases involving substantial assistance, where public disclosure of the existence of a confirmed Anti-Doping Rule Violation is not mandatory.

In furtherance of its commitment to transparency, but whilst taking into consideration the athletes’ and other individuals’ data privacy rights, the AQIU, on behalf of World Aquatics, has decided to also publicly disclose cases at an earlier stage, i.e. when potential violations trigger the imposition of a provisional suspension. Potential cases where a provisional suspension is not imposed  will not be disclosed until the case is confirmed and sanctions are imposed.  A Provisional Suspension imposed in a non-doping case does not in any way abrogate the presumption of innocence and it is not an early determination of guilt. Rather, it is an order made on a precautionary basis to safeguard the interests of the sport.

The AQIU may however decide not to proactively disclose a potential violation for various factors, such as the involvement of a minor, protected person or recreational athletes and other circumstances where proactive disclosure would not be warranted, which may include, amongst others, the likelihood of having the case covered by a therapeutic use exemption, the case involving a substance of abuse, additional ongoing investigations, discussions around substantial assistance.

Lastly, as required by the Code, anti-doping sanctions are to be removed either, after one month (for cases where there is no period of ineligibility, or the suspension has already expired by the time the case is resolved) or once the period of ineligibility is finished.

With respect to providing comments or additional information when requested by media representatives or other interested parties, the AQIU is also required to consider that the World Anti-Doping Code prohibits any comments on ongoing proceedings or investigations beyond the information provided at the announcement of a Provisional Suspension or none if there is no public disclosure. Other potentially limiting factors are noted above. The AQIU recognises this legal framework, but is also committed to public transparency and will provide appropriate levels of information whenever possible.