Created and Presented by Timothy von Behren DOPING using a substance or method which is potentially harmful to an athletes health andor capable of enhancing performance The WADA was created in 1999 ID: 316686 Download Presentation
Created and Presented by Timothy von Behren. DOPING. : . using a substance or method which is potentially harmful to an athlete’s health and/or capable of enhancing performance. The WADA was created in 1999.
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DOPING IN SPORT
Created and Presented by Timothy von Behren
DOPING: using a substance or method which is potentially harmful to an athlete’s health and/or capable of enhancing performance
The WADA was created in 1999The WADC was created in 2004Revised in 2009Articles 2 and 10 most relevant to doping casesPurpose:Make (-) outweigh (+) to discourage future dopingPreserve fundamental right of athlete to participate in doping-free sport (contract law)Make life for professional athletes suck (ergo the issue)
ARTICLE 2: Anti-Doping Rule Violations
Article 2.1 The presence of Prohibited Substance or its Metabolites or Markers in an Athlete’s bodily SpecimenArticle 2.2 Use or Attempted Use of a Prohibited Substance or a Prohibited MethodArticle 2.3 “hiding from the Doping Control official”Article 2.4 Violation of requirement to be available for Out-of-Competition TestingArticle 2.5 Tampering with the Specimen is a VERY BAD IDEA!!
ARTICLE 10: Sanctions On Individuals
Disqualification of Results in Competitions Subsequent to
Medals, points, and prizes
Article 10.8 Commencement of Ineligibility Period
Not necessarily date of sample collection!!
Status During Ineligibility
4-year special rule
Other KEY Players
International Olympic Committee (IOC)
Supreme authority and leader of fight against doping
Court of Arbitration for Sport (CAS)
Legally decides all Olympic related disputes, including doping cases
Lose precedent due to jurisprudence evolution
The Physician’s Fault: A Truly Exceptional Circumstance?
“At any rate other than in the most exceptional cases, for the purposes of determining whether a no-fault defense succeeds, the fault of an advisor such as a physician must be attributed to the player even if the player is not personally at fault: otherwise the fight against doping in sport would be seriously undermined.”
SOURCE: Niggli, O., & Sieveking, J. (2006). Selected Case Law Rendered Under the World Anti-Doping Code. Jusletter, 1-11.
Player v. ITF
PROBLEMSNot communicating with physicianPhysician not specialized in sports medicineFailure to report current medications at time of testOUTCOMESFound Negligent barred from Article 10.5 (COMING SOON!!)2-year suspensionForfeiture of medals, points, and prizes (Article 10.7)
SOURCE: Player v. International Tennis Federation, 1488 A. (CAS 2008).
Specified Substances: Applicability
Prohibited ListIngest drugs on list be sanctionedLess severe sanctions for substances covered under Article 10.3How can athletes benefit from reduced sanctions under Article 10.3?Substance must be specified within Prohibited ListAthlete must show that there was no intent to increase performance (BURDEN ON ATHLETE!!)Athlete must demonstrate how substance entered systemSANCTIONS ineligibility periods CASE SCENARIO
to 1 years
The Proportionality Principle“circumstances that are truly exceptional ONLY”
Thank you Articles 10.5.1 and I suppose 10.5.2 EX:No Fault or Negligence 2-year ineligibility GONE(Requires Duty of Utmost Caution)No Significant Fault or Negligence 2-year ineligibility reduced to 1 yearNegligence Tough. Luck.Will my age or professional situation qualify me to use Article10.5?REVIEW: If I sustain a gunshot wound and am prescribed medication while hospitalized, does Article 10.5.1 or 10.5.2 apply if I test positive for a drug on the Prohibited Substances List?
Thompson v. USADA
PROBLEM:Failure to comply to USADA Whereabouts Policy (Article 2.4)Must be a nation testing pool athleteMust violate 3 times within 18 monthsCONGRATUATIONS ThompsonOUTCOME: Minimum 1-year suspension under Article 10.3.3 Now called Article 10.4.3 because suspension can be eliminated completelyForfeiture of all medals, points, and prizes (Article 10.7)
SOURCE: Thompson v. United States Anti-Doping Agency, 12 JENF. (AAA 2012).
The Whereabouts Controversy
2009 WADC update requires professional athletes to provide exact whereabouts 1 hour per day, 7 days per weekMust be submitted 3 months in advanceEarliest time availability moved from 5:00 AM to 6:00 AM
15 ng/ml LIMIT (scientifically established)Recreational use v. performance enhancementMarijuana as an ergolytic drugIncreased HR + decreased SV = reduced max performanceRespiratory tract infection + bronchitis + lung cancer = less O2 for performanceMarijuana as an ergogenic drugEuphoric effectAnxiety reduction during performance
University of Washington Alcohol & Drug Abuse Institute
Suspected athletes have unsuccessfully argued that the sealed containers used to store and transport doping samples could be opened undetectably
Up to this point, convincing contrary evidence has consistently been presented in answer to these claims…
Should WADA concern itself less with whether or not an athlete exercised his/her
duty of utmost caution
and more with whether or not an athlete used prohibited substances
Has the individual freedom of athletes been compromised too much to promote the right of all professional athletes to participate in doping-free sport?
, M. (2009, February 19).
BBC Sport: Athletes air issues over testing
. Retrieved from
, P. A. (2012). The World Anti-Doping Code, the Athlete’s Duty of “Utmost Caution,” and the Elimination of Cheating.
Marquette Sports Law Review, 23
, R. H. (2006). CAS Doping Jurisprudence: What Can We Learn,
Niggli, O., & Sieveking, J. (2006). Selected Case Law Rendered Under the World Anti-Doping
v. International Tennis Federation, 1488 A. (CAS 2008).
Thompson v. United States Anti-Doping Agency, 12 JENF. (AAA 2012).
World Anti-Doping Association, (2010).
WADA rules for international federations: Models of best practice