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The Orders and Rules of Racing

Equine Anti-Doping Manual (G)


3. Proof of Doping

3.1 Burdens and Standards of Proof

The Authority shall have the burden of establishing that an equine anti-doping rule violation has occurred. The standard of proof shall be whether the Authority has established the equine anti-doping rule violation to the civil standard. Where these Rules place the burden of proof upon the Responsible Person or other Person to rebut a presumption or to establish specified facts or circumstances, the standard of proof shall be the civil standard.

3.2 Methods of Establishing Facts and Presumptions

Facts related to equine anti-doping rule violations under these Equine Anti-Doping Rules may be established by any reliable means, including but not limited to admissions, witness statements, documentary evidence, conclusions drawn from longitudinal profiling and the analysis of any Sample. The following rules of proof shall be applicable in doping cases:

3.2.1 BHA-approved laboratories are presumed to have conducted Sample Analysis and custodial procedures in accordance with the Laboratory Standards.

The Responsible Person or other Person may rebut this presumption by establishing that there was a departure from the Laboratory Standards which could have reasonably caused the Adverse Analytical Finding. If the Responsible Person or other Person rebuts the presumption, the Authority shall have the burden of establishing that the departure from the Laboratory Standards did not cause the Adverse Analytical Finding. If the Authority discharges that burden, the departure from the Laboratory Standards shall not invalidate the Adverse Analytical Finding.

3.2.2 Departures from the Sample collection procedures or other equine anti-doping standard, rule or regulation which did not cause an Adverse Analytical Finding or other equine anti-doping rule violation shall not invalidate such evidence or results. If the Responsible Person or other Person establishes a departure from the Sample collection procedures or other equine anti-doping standard, rule or regulation which could reasonably have caused an Adverse Analytical Finding or other equine anti-doping rule violation, the Authority shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the factual basis for the equine anti-doping rule violation.
3.2.3 The facts established by a decision of a court or disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Responsible Person or other Person to whom the decision related.