7.1 Results Management for Tests Initiated by the ICC

Results Management for tests initiated by the ICC (including tests performed by WADA pursuant to agreement with the ICC) shall be conducted in accordance with Article 7.1 of the Code and the International Standard for Results Management and as follows:

7.1.1 Upon receipt of an Adverse Analytical Finding, the Independent Review Board shall conduct a review to determine whether: (a) the Adverse Analytical Finding is consistent with an applicable TUE that has been granted or may be granted as provided in the International Standard for TUEs; (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding; and/or (c) it is apparent that the Adverse Analytical Finding was caused by an ingestion of the relevant Prohibited Substance through a permitted route.

7.1.2 If the Independent Review Board determines that either: (a) the Adverse Analytical Finding is consistent with an applicable TUE; and/or (b) there has been an apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding; and/or (c) it is apparent that the Adverse Analytical Finding was caused by an ingestion of the relevant Prohibited Substance through a permitted route, then the ICC shall notify the Player, WADA, and the National Cricket Federation and National Anti-Doping Organisation of the Player of that fact, and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.

7.1.3 If the review of an Adverse Analytical Finding under Article 7.1.1 does not reveal that:

(a) the Adverse Analytical Finding is consistent with an applicable TUE;

(b) there has been an apparent departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding; or 

(c) it is apparent that the Adverse Analytical Finding was caused by an ingestion of the relevant Prohibited Substance through a permitted route, then the Anti-Doping Manager shall promptly send the Player written notice (the “Notification”) (notice of which can be accomplished by delivery either directly to the Player or via his/her National Cricket Federation), copied to the Player’s National Cricket Federation, the Player’s National Anti-Doping Organisation and WADA (who all shall be kept up to date on the status of the case), of the following:

7.1.3.1 that the Player (specifying his/her name, country and competitive level) may have a case to answer under Article 2.1 and/or Art. 2.2 and the applicable Consequences;

7.1.3.2 details of the anti-doping rule violation(s) that the Player is alleged to have committed, including details of the Adverse Analytical Finding (including whether it related to an In-Competition or Out-of-Competition test and the date of Sample collection) and a copy of the laboratory documentation package supporting such Adverse Analytical Finding (or the Player’s right to request copies of the laboratory documentation package);

7.1.3.3 of the Player’s rights in respect of analysis of the B Sample:

(a) The Player shall have the right: (i) to have the laboratory analyse the B Sample; and (ii) to attend at the laboratory (personally and/or through a representative, but at his/her own cost) to witness the opening and analysis of the B Sample. The ICC and the Player’s National Cricket Federation may also be represented at the B Sample analysis.

(b) The Notification may specify that the analysis of the B Sample will go ahead in any event, or it may require the Player to advise the ICC by a specified deadline if he/she wants the B Sample analysis to go ahead. In the latter case, the Notification shall warn the Player that, failing such request, the Player will be deemed to have irrevocably waived his/her right to analysis of the B Sample, and to have accepted the accuracy of the Adverse Analytical Finding in respect of the A Sample.

(c) The Notification shall specify the scheduled date, time and place for the B Sample analysis (which shall be within the time period specified in the International Standard for Laboratories), if it is to go ahead. In the event that neither the Player nor any representative of the Player attends the B Sample analysis, the laboratory shall appoint an independent witness, in accordance with the International Standard for Laboratories, to verify that the B Sample container shows no signs of Tampering and that the identifying numbers correspond to those on the Sample collection documentation.

7.1.3.4 The opportunity for the Player to provide an explanation within a short period of time.

7.1.3.5 the opportunity for the Player to provide Substantial Assistance under the ICC Code, to admit the anti-doping rule violation and potentially benefit from a one year reduction in the period of Ineligibility under Article 10.8.1 or to seek to enter into a case resolution agreement under Article 10.8.2.

7.1.3.6 the Consequences applicable under the ICC Code if it is established that the Player has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the ICC Code);

7.1.3.7 (where applicable) the matters relating to Provisinal Suspension specified at Article 7.8;

7.1.3.8 the matters specified at Article 7.10; and

7.1.3.9 any other matters as set out in the International Standard for Results Management.

7.1.4 If the B Sample is analysed and the Adverse Analytical Finding in respect of the A Sample is not confirmed, then (unless the ICC charges the Player with an anti-doping rule violation under Article 2.2) the entire test shall be considered negative
and the Player, his/her National Cricket Federation, his/her National Anti-Doping Organisation and WADA shall be so informed. In such circumstances, the proceedings instituted against the Player shall be discontinued, and any Provisional Suspension previously imposed shall be deemed vacated with immediate effect.

7.1.5 If the analysis of the B Sample confirms the Adverse Analytical Finding in respect of the A Sample to the satisfaction of the ICC, the findings shall be reported to the Player, his/her National Cricket Federation, his/her National Anti-Doping Organisation, and WADA, and the matter shall proceed to a hearing in accordance with Article 8.

7.2 Results Management for Atypical Findings

7.2.1 As provided in the International Standard for Laboratories, in certain circumstances where a Prohibited Substance that is detected in a Sample may also be produced endogenously, laboratories are directed to report the presence of such substance as an Atypical Finding that should be investigated further.

7.2.2 If a laboratory reports an Atypical Finding in respect of a Sample collected pursuant to the ICC Code, the Independent Review Board shall conduct a review to determine whether: (a) the Atypical Finding is consistent with an applicable TUE which has been granted or which may be granted as provided in the International Standard for TUEs; (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding; or (c) it is apparent that the ingestion of the Prohibited Substance was through a permitted route.

7.2.3 If the initial review of an Atypical Finding under Article 7.2.2 reveals either: (a) that the Atypical Finding is consistent with an applicable TUE; and/or (b) that there is an apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding; and/or (c) that the ingestion of the Prohibited Substance was through a permitted route, the ICC shall notify the Player, WADA, and the Player’s National Anti-Doping Organisation and (subject to the rights of appeal set out at Article 13) the matter shall not proceed any further.

7.2.4 If the initial review of an Atypical Finding under Article 7.2.2 does not reveal that the Atypical Finding is consistent with an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding or it is apparent that the ingestion of the Prohibited Substance was through a permitted route, the ICC shall conduct any follow-up investigation that may be required by the International Standards. If, once that investigation is completed, the Independent Review Board concludes that the Atypical Finding should be brought forward as an Adverse Analytical Finding, the ICC shall pursue the matter in accordance with Article 7.1.3.

7.2.5 Pending the outcome of the investigation, the ICC will keep the Atypical Finding confidential, unless one of the following circumstances exists:

7.2.5.1 If the ICC determines the B Sample should be analysed prior to the conclusion of its follow-up investigation, it may conduct the B Sample analysis after notifying the Player, with such notice to include a description of the Atypical Finding and the information described in Article 7.1.3.3.

7.2.5.2 If the ICC receives a request from a National Cricket Federation responsible for meeting an imminent deadline for selecting team members for an International Event or any other Major Event Organisation, asking the ICC to disclose whether any Player identified on a list provided by the National Cricket Federation has a pending Atypical Finding, the ICC shall so identify any such Player after first providing notice of the Atypical Finding to the Player.

7.2.5.3 If the Atypical Finding is, in the opinion of a qualified medical or expert personnel, likely to be connected to a serious pathology that requires urgent medical attention.

7.3 Review of Atypical Biological Passport Findings and Adverse Biological Passport Findings

7.3.1 Review of Atypical Biological Passport Findings and Adverse Biological Passport Findings shall take place as provided in Annex C of the International Standard for Results Management.

7.4 Results Management for Tests initiated by another Anti-Doping Organisation

Unless otherwise agreed by the ICC, where another Anti-Doping Organisation tests a Player under its own rules, and that test results in an Adverse Analytical Finding, or if that Anti-Doping Organisation uncovers other evidence of an anti-doping rule violation by such Player, it shall be the responsibility of that Anti-Doping Organisation to pursue the matter, including bringing charges (if appropriate) under its rules, failing which it shall be the responsibility of the Player’s National Cricket Federation to pursue the matter under its own rules.

7.5 Results Management for Whereabouts Violations

7.5.1 The ICC shall have Results Management authority in relation to potential Whereabouts Failures by any Player who files his/her whereabouts information with the ICC.

7.5.2 If a Whereabouts Failure by a Player who is subject to the ICC’s Results Management authority is uncovered through an attempt to test the Player by or on behalf of another Testing Authority other than the ICC, the other Testing Authority shall provide the ICC with the Unsuccessful Attempt Form without delay and thereafter shall assist the ICC as necessary in obtaining the necessary information pursuant to Article B.3.2(a) of the International Standard for Results Management, so that the ICC may conduct its Results Management in respect of that Whereabouts Failure in accordance with Article 7.5.3. Upon request, the Player shall assist the ICC in obtaining such information and assistance.

7.5.3 Results Management in relation to potential Whereabouts Failures shall be conducted by the ICC in accordance with Annex B of the International Standard for Results Management (with the administrative review, if any, carried out by the Independent Review Board) in order to determine whether all of the requirements of Article B2.1 of the International Standard for Results Management (in the case of a Filing Failure) or all of the requirements of Article B2.4 of the International Standard for Results Management (in the case of a Missed Test) are met.

7.5.4 Where a Player who is subject to the ICC’s Results Management authority in accordance with Article 7.5.1. is declared to have three Whereabouts Failures (i.e. any combination of Filing Failures and/or Missed Tests adding up to three) in any 
twelve-month period, then the matter shall be referred to the Independent Review Board to determine whether the Player has a case to answer under Article 2.4.

7.5.5 If the Independent Review Board determines that the Player has a case to answer under Article 2.4, the Anti-Doping Manager shall promptly send the Player a written Notification (notice of which can be accomplished by delivery either directly to the Player or via his/her National Cricket Federation), (copied to the Player’s National Cricket Federation, and the Player’s National Anti-Doping Organisation and WADA (who all shall be kept up to date on the status of the case)), amended as appropriate to confirm the following:

7.5.5.1 that the Player has a case to answer under Article 2.4;

7.5.5.2 details of the facts upon which the case to answer is based, including details of the Filing Failures and/or Missed Tests alleged, and copies of any relevant documentation;

7.5.5.3 the Consequences applicable under the ICC Code if it is established that the Player has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the ICC Code);

7.5.5.4 the opportunity for the Player to provide Substantial Assistance under the ICC Code or to seek to enter into a case resolution agreement under Article 10.8.2;

7.5.5.5 (where applicable) the matters relating to Provisional Suspension specified at Article 7.8;

7.5.5.6 the matters specified at Article 7.10; and

7.5.5.7 any other matters as set out in the International Standard for Results Management.

7.6 Investigations

7.6.1 The ICC may gather anti-doping intelligence and conduct investigations in accordance with the Code and the International Standard for Testing and Investigations into the activities of any Player or other Person that the ICC believes may have committed an anti-doping rule violation. Such intelligence gathering and investigations may be conducted in conjunction with, and/or information or intelligence obtained in such investigations may be shared with other Signatories and/or other relevant authorities. The ICC shall have discretion, where it deems appropriate, to stay its own investigation pending the outcome of investigations being conducted by other Signatories and/or other relevant authorities.

7.6.2 In the event a Player (or other Person) knows or suspects that any other Player or other Person has committed an anti-doping rule violation, the Player must report such knowledge or suspicion to the Anti-Doping Manager as soon as possible. All Players (and other Persons) shall have a continuing obligation to report any new knowledge or suspicion regarding any anti-doping rule violation to the Anti-Doping Manager, even if the Player’s (or other Person’s) prior knowledge or suspicion has already been reported.

7.6.3 Players and other Persons must cooperate fully with investigations conducted pursuant to this Article 7.6.

7.6.3.1 The Anti-Doping Manager may make a written demand to a Player or other Person (a “Demand”) to furnish to the Anti-Doping Manager any information regarding any suspected anti-doping rule violation, including, without limitation, a written statement setting forth the Player or other Person’s knowledge of facts and circumstances with respect to the suspected anti-doping rule violation. The Player or other Person shall furnish such information within seven business days of the making of such Demand, or within such other time as may be set by the Anti-Doping Manager. Any information furnished to the Anti-Doping Manager shall be kept confidential except when it becomes necessary to disclose such information in furtherance of the prosecution of an anti-doping rule violation, or when such information is reported to administrative, professional, or judicial authorities pursuant to an investigation or prosecution of non-sporting laws or regulations.

7.6.3.2 Each Player or other Person waives and forfeits any rights, defences and privileges provided by any law in any jurisdiction to withhold information requested by the Anti-Doping Manager in a Demand. If a Player or other Person fails to produce such information, then, provided that the Independent Review Board agrees with the Anti-Doping Manager that there is a good faith basis for the Demand, his/her eligibility to participate (or, in the case of an other Person, to assist in a Player’s participation) in International Matches and ICC Events may be withdrawn, and he/she may be denied accreditation and access to International Matches and ICC Events, pending compliance with the Demand.

7.6.4 If a Player or other Person subverts or Attempts to subvert the investigation process (e.g. by providing false, misleading or incomplete information, by failing to report a knowledge or suspicion pursuant to Article 7.6.2, and/or by destroying potential evidence), proceedings may be brought against him/her for a violation of Article 2.5 (Tampering or Attempted Tampering).

7.6.5 Where, as the result of an investigation under this Article 7.6, the ICC forms the view that an anti-doping rule violation may have been committed, the ICC shall refer the matter to the Independent Review Board, to determine whether there is a case to answer.

7.6.6 If the Independent Review Board determines that the Player or other Person has a case to answer under Article 2, the Anti-Doping Manager shall promptly send the Player or other Person a written Notification (notice of which can be accomplished by delivery either directly to the Player or other Person or via his/her National Cricket Federation), (copied to the Player’s National Cricket Federation, the Player’s National Anti-Doping Organisation and WADA (who all shall be kept up to date on the status of the case)), confirming the following:

7.6.6.1 that the Player or other Person has a case to answer under Article 2 (specifying which particular anti-doping rule violation is alleged to have been committed);

7.6.6.2 details of the facts upon which the case to answer is based, including copies of any relevant documentation;

7.6.6.3 the Consequences applicable under the ICC Code if it is established that the Player has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the ICC Code);

7.6.6.4 the opportunity for the Player to provide Substantial Assistance under the ICC Code, and, where applicable pursuant to the Code, to admit the anti-doping rule violation and potentially benefit from a one year reduction in the period of Ineligibility under Article 10.8.1 or to seek to enter into a case resolution agreement under Article 10.8.2;

7.6.6.5 (where applicable) the matters relating to Provisional Suspension specified at Article 7.8;

7.6.6.6 the matters specified at Article 7.10; and

7.6.6.7 any other matters as set out in the International Standard for Results Management.

7.7 Identification of Prior Anti-Doping Rule Violations

Before giving a Player or other Person notice of a potential anti-doping rule violation as provided above, the ICC shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organisations to determine whether the Player or other Person has any prior anti-doping rule violations.

7.8 Provisional Suspension

7.8.1 If analysis of a Player’s Sample results in an Adverse Analytical Finding or an Adverse Passport Finding for a Prohibited Substance or Prohibited Method that is not a Specified Substance or Specified Method, and a review in accordance with Article 7.1.1 does not reveal an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, or an ingestion of the relevant Prohibited Substance through a permitted route, then the ICC shall Provisionally Suspend the Player pending the Anti-Doping Tribunal’s determination of whether he/she has committed an anti-doping rule violation.

A mandatory Provisional Suspension may be eliminated if: (i) the Player demonstrates to the Anti-Doping Tribunal that the violation is likely to have involved a Contaminated Product, or (ii) the violation involves a Substance of Abuse and the Player establishes entitlement to a reduced period of Ineligibility under Article 10.2.4.1.

The Anti-Doping Tribunal’s decision not to eliminate a mandatory Provisional Suspension on account of the Player’s assertion regarding a Contaminated Product shall not be appealable.

7.8.2 In any case not covered by Article 7.8.1 (for example, if the analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is a Specified Substance, Specified Method or other anti-doping rule violation), where the ICC decides to take the matter forward as an apparent anti-doping rule violation in accordance with the provisions of this Article 7, the ICC may Provisionally Suspend the Player or other Person pending the Anti-Doping Tribunal’s determination of whether he/she has committed an anti-doping rule violation. An optional Provisional Suspension may be lifted at the discretion of the ICC at any time prior to the Anti-Doping Tribunal’s decision under Article 8, unless provided otherwise in the International Standard for Results Management.

In circumstances where the ICC decides not to impose a Provisional Suspension, the Player or other Person shall be offered the opportunity to accept a voluntary Provisional Suspension pending the resolution of the matter. If the Player or other Person wishes to accept the offer, the Player must communicate such acceptance in writing to the ICC prior to the later of (i) the expiration of ten days from the report of the B Sample analysis (or waiver of the B Sample analysis) or ten days after notice of any other anti-doping rule violation; or (ii) the date on which the Player first competes after such report or notification. Other Persons on their own initiative may voluntarily accept a Provisional Suspension if done so within ten days of notice of the anti-doping rule violation.

Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under Article 7.8.1 or 7.8.2; provided, however, at any time after voluntarily accepting a Provisional Suspension, the Player or other Person may withdraw such acceptance, in which event the Player or other Person shall not receive any credit for time previously served during the Provisional Suspension.

7.8.3 Where a Provisional Suspension is imposed, whether pursuant to Article 7.8.1 or Article 7.8.2, the Player or other Person shall be given either: (a) an opportunity for a Provisional Hearing before imposition of the Provisional Suspension or on a timely basis after imposition of the Provisional Suspension; or (b) an opportunity for an expedited hearing in accordance with Article 8 on a timely basis after imposition of a Provisional Suspension.

7.8.4 If a Provisional Suspension is imposed based on an Adverse Analytical Finding in respect of an A Sample, and any subsequent analysis of the B Sample analysis does not confirm the A Sample analysis, then the Player shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1 of the Code (presence of a Prohibited Substance or its Metabolites or Markers).

7.9 Notice of Charge

7.9.1 If after receipt of the Player or other Person’s explanation sent in response to the Notification or the expiry of the deadline to provide such explanation, the ICC remains satisfied that the Player or other Person has committed an anti-doping rule violation, the ICC shall promptly charge the Player or other Person with the anti-doping rule violation(s) they are asserted to have breached (the “Notice of Charge”) (notice of which can be accomplished by delivery either directly to the Player or via his/her National Cricket Federation), copied to the Player’s National Cricket Federation, the Player’s National Anti-Doping Organisation and WADA. The Notice of Charge shall include the following:

7.9.1.1 the fact that the Player, Player Support Personnel or other Person has a case to answer under Article 2;

7.9.1.2 details of the anti-doping rule violation(s) that the Player, Player Support Personnel, or other Person is alleged to have committed, and a summary of the facts which are relied upon in support of the charge;

7.9.1.3 the Consequences applicable under the ICC Code if it is established that the Player has committed the anti-doping rule violation(s) charged (including identifying any discretion that may exist in relation to such Consequences under the ICC Code);

7.9.1.4 the opportunity for the Player or other Person to provide Substantial Assistance under the ICC Code to admit the anti-doping rule violation and potentially benefit from a one-year reduction in the period of Ineligibility under Article 10.8.1 or to seek to enter into a case resolution agreement under Article 10.8.2;

7.9.1.5 (where applicable) the matters relating to Provisional Suspension specified at Article 7.8;

7.9.1.6 the matters specified at Article 7.10; and

7.9.1.7 any other matters as set out in the International Standard for Results Management.

7.10 Responding to a Notice of Charge

7.10.1 A Notification sent to a Player or other Person in accordance with Article 7.1.3, 7.3.5 or Article 7.5.5 or to a Player or other Person in accordance with Article 7.6.6 or a Notice of Charge sent to a Player or other Person in accordance with Article 7.9 shall also specify that, if the Player or other Person wishes to exercise his/her right to a hearing before the Anti-Doping Tribunal, he/she must submit a written request for such a hearing so that it is received by the Anti-Doping Manager as soon as possible, but in any event within fourteen (14) days of the receipt by the Player or other Person of the Notice of Charge. The request must also state how the Player or other Person responds to the charge(s) and must explain (in summary form) the basis for such response.

7.10.2 If the Player or other Person fails to file a written request for a hearing before the Anti-Doping Tribunal in accordance with Article 7.10.1 by the deadline specified in that Article, then the Player or other Person shall be deemed:

7.9.2.1 to have waived his/her entitlement to a hearing;

7.9.2.1 to have admitted that he/she has committed the anti-doping rule violation(s) specified in the Notice of Charge; and

7.9.2.1 to have acceded to the Consequences specified in the Notice of Charge.

In such circumstances, a hearing before the Anti-Doping Tribunal shall not be required. Instead, the ICC shall promptly issue a public decision confirming the commission of the anti-doping rule violation(s) specified in the Notice of Charge and the imposition of the Consequences specified in the Notice of Charge.

7.10.3 Where the Player or other Person does request a hearing in accordance with Article 7.10.1, the matter shall proceed to a hearing in accordance with Article 8.

7.11 Notification of Results Management Decisions

In all cases where the ICC has asserted the commission of an anti-doping rule violation, withdrawn the assertion of an anti-doping rule violation, imposed a Provisional Suspension, or agreed with a Player or other Person to the imposition of a sanction without a hearing, that ICC shall give notice thereof as set forth in Article 14.2.1 of the Code to other Anti-Doping Organizations with a right to appeal under Article 13.2.3 of the Code.

7.11 Retirement from Sport

If a Player or other Person retires while a Results Management process is underway, the ICC retains authority to complete the Results Management process. If a Player or other Person retires before any Results Management process has started, the ICC, if it has Results Management authority over that Player or other Person at the time the Player or other Person committed an anti-doping rule violation, has authority to conduct the Results Management process notwithstanding the retirement.