WADA Governance Reforms 2

Principles

Functions

Nomination Process

Vetting Process

Structure & Steps

• Create a Nominations Committee to identify the right people for WADA governance roles, in terms of skills and independence

• Recommend candidates for President and VP proposed by Sport and Public Authorities

• Identify independents for the Independent Ethics Board and the Chairs of the Standing Committees

• Ensure that those seeking election or appointment as WADA Officials are vetted to a strict standard

• Operational from early 2019 in time for elections of Pres and V-P

• Cost benefit analysis to be performed

• Nominations Committee of 5 persons

• Chair (independently recruited)

• 1 member (Sport)

• 1 member (Public Authorities)

• 2 members independently recruited

• Independently recruited members through an external service provider

• Prepare position descriptions for Pres and V-P

• Assess candidacies for Pres and V-P and make recommendations to the Foundation Board

• Conduct a skills analysis for Chairs of the Standing Committees and prepare position descriptions

• Seek, receive, and vet applicants for Chairs of the SCs and make recommendations to EC

• Vet applicants for members of the SCs to ensure appropriate diversity (geographic, gender, etc) and make recommendations to EC

• Seek, receive, and vet applicants for the Ethics Board and make recommendations to Foundation Board

NOMINATIONS

Principles

• WADA’s core purpose is to protect athletes’ human rights, welfare, and access to fair competition

• Should be mandated & increased representation of athletes at all levels of the agency, including Standing Committees

• Paralympic athletes have particular medical needs, and so should have particular representation

• WADA should be deploy multi-streamed measures to communicate and engage with athletes

• Should be mechanisms for ongoing engagement and mutual accountability with athletes across sports and geography

Consensus

• Athlete representation should be augmented on the Executive Committee (see earlier)

• Proposals for additional measures should be received from the WADA Athletes Committee

Open Questions

• Significantly different institutional circumstances of professional and professionally represented athletes will present challenges in building representative mechanisms for them

• Definition of "athlete"

• Election, appointment, blended WADA Athletes Committee

ATHLETE INCLUSION

Principles

• An independent Ethics Board to ensure oversight of WADA's governance and the ethical conduct of WADA Officials

• An independent body with authority to investigate and sanction WADA Officials in accordance with a new set of Ethical Rules

• Right of appeal to CAS against Ethics Board decisions

• A potential separate Ethics Compliance Officer, for prevention and preventative support

Committee Powers

Cost Implications

• Make recommendations to the WADA EC on ethical compliance, including amendments to the Ethical Rules

• Receive reports on suspected violations of the Rules and investigate (or cause to be investigated) alleged violations

• Impose provisional suspensions on WADA Officials pending the outcome of an investigation/charge

• Impose sanctions for violations of the Rules

• Issue advisory opinions on issues arising under the Rules

• Use existing investigations function where possible

• Ethics Cttee members on a small retainer for annual meetings, paid for cases only if they sit

• No permanent secretariat function established - sourced through third party as needed (e.g. a law firm, incl hearing facilities and administration)

• Expand external audit to cover ethical breaches

• Staff costs of new staff member (ECO)

Objectives

• Remain the ultimate decision-making authority

• Disentangle governance from management oversight and operations

• Provide funders with financial accountability

• Ensure quality and inclusiveness in governance (including broad performance objectives for Executive Committee)

• Continue to have an equal number of Members from the sport movement and public authorities

• Ensure Membership turnover and renewal (term limits)

• Comply with Swiss Foundation law

Functions

• Decision on the annual budget, accounts, auditor

• Approval or return of the long-term, strategic plan

• Electing Executive Committee members

• Electing the President and Vice President

• Decision on changes to the Code, proposed by the Executive Committee

• Maintaining accountability of the Executive Committee

• Amending the Statutes

• Meeting requirements of Swiss law

Committee Structure & Operations

Compliance Officer

• Hearings

• Panels of 1 (ordinarily the Chair) or 3 persons

• Must be independent of the parties

• Scope for challenge

• Establish reporting mechanism with simultaneous notification to the investigations function and the Chair

• Reporting obligation on all WADA Officials

• External audit of Ethics Board activities

• Transparency in reporting and publication of decisions

• Prevention – education on ethical compliance

• Maintain and update a Register of Interests

• Assist with the vetting process

• On-boarding of new WADA Officials

• Eventual roll out of Ethical Rules to WADA Stakeholders

• Report to the Director General, but with a reporting obligation to the Ethics Committee if aware of breach of Rules

Ongoing Developments

• New standing orders and business procedures, to focus on

• policy development

• monitoring and accountability

• development and oversight of a long-term vision

Terms of Service

• A term of office is three years long

• Members eligible for no more than three consecutive terms

• After changes to the Statutes, the new Members should be elected in a manner that ensures that there will be a staggered turnover

• The President and Vice President have separate terms limits

• One physical meeting of the full Foundation Board per year

• An opportunity to experiment with an additional virtual meeting

• An option of an additional physical meeting, if exceptional circumstances make this necessary

ETHICS

Other Discussions

• Should the FB serve as a forum for engagement of other anti-doping constituencies (e.g., NADOs, the Paralympic Movement, professional sports)?

• Should the FB include an element of independent perspectives to complement its representative functions?

• Should the structure of the FB seek to achieve diversity in state size as well as in regional distribution?

• Would inclusion of non-funders on the FB dilute financial accountability to funders, or lead to increased pressure for activities and expenditures from Members not shouldering costs?

Governance Working Group

Akaash Maharaj and Huw Roberts

Report to the WADA Foundation Board

16 November 2017, Seoul

FOUNDATION BOARD

Principles

5

Public Authorities

5

Sport Movement

• Selected for their skill, judgement, and experience

• Embody ethics and credibility that augment WADA’s standing

• Be – and be seen to be – independent

• Subject to highest vetting by the Nominations Committee

• Serve the best interests of WADA, and not shape their decisions or actions because of the constituency that nominated them

• Ideally, be of different genders and from different regions

• Balance retention of talent with continual turnover

• Respect boundary between governance & operations

Roles

• President leads, moderates, and builds consensus at the Foundation Board and Executive Committee

• President is the key spokesperson on decisions of the Foundation Board and Executive Committee

• Vice President acts for the President when the latter is absent or otherwise unable to act

• Not management and operations

• Not communications on quotidian matters (i.e., matters outside of Foundation Board or Executive Committee meetings or decisions)

1 President

1 Vice President

Terms of Service

1 New Athlete

Principles

• President will continue to alternate between sport movement and public authorities

• President and Vice President must come from different constituencies (sport movement and public authorities)

• Nominees must be subjected to the highest standards of scrutiny and review by the Nominations Committee

• A strong stated preference, but not a requirement, that President & Vice President are of different genders & regions

• Modest remuneration for the President, at a level set by the FB and agreed by the Swiss supervisory authority, after seeking professional compensation advice, before elections

• A term in office will be three years, and an Officer may hold no more than two consecutive terms: term limits for the Officers will not count previous service on FB or EC

• The organ of governance, planning, policy-making, DG oversight

• Fulfil the vision established by the FB, and maintain accountability to the FB for WADA’s achievement of its mandate

• A representative and skills-based body

• Equal number of Members from sport movement & public authorities

• Include athlete representation

• Address concerns about conflicts of interest, and maintain an undiluted focus on the best interests of WADA itself

• Ensure continual renewal of Members (term limits)

• Be clearly disentangled from operations

Functions

• Approval of Operational Plan to give effect to Strategic Plan

• Policy-making, and institutional compliance to policies

• Oversight of the Director General

• Approval and monitoring of institutional performance metrics

• Proposal of amendments to the Code and Statutes

• Decisions on compliance, after receiving recommendations from the Compliance Review Committee

• All other governance matters not explicitly reserved to the Foundation Board

Independence

Terms of Service

• Three year term of office

• Members eligible to stand for no more than three consecutive terms

• Staggered implementation of terms

• The President and Vice President have separate terms limits

• The Director General a non-voting ex officio member

• At least 3 times per year, with the possibility of one or some of those meetings being virtual

• Agendas to focus on the cycle of planning, measuring effectiveness, and upholding accountability for success

• Training and conduct systems to include “onboarding” processes to set a culture of independence

• Rules, standards, communications to set and model WADA’s ethical tone

Other Discussions

• May hold no senior voluntary position in, or paid position in, or fiduciary responsibility towards, any sport institution, government, or legislature

• Will only be eligible for election if they have not have held a position as described above in the months prior to the election

• How much/little membership overlap between the FB and EC is desirable?

• Can additional independent expertise be introduced to the EC through the Standing Committee Chairs?

EXECUTIVE CTTEE

PRESIDENT & VICE PRESIDENT

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