Presentation on theme: "DOPING IN SPORT"— Presentation transcript
Slide1
DOPING IN SPORT
Created and Presented by Timothy von BehrenSlide2
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 2004
Revised in 2009
Articles 2 and 10 most relevant to doping cases
Purpose: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)Slide3
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 Method
Article 2.3 “hiding from the Doping Control official”
Article 2.4 Violation of requirement to be available for Out-of-Competition Testing
Article 2.5 Tampering with the Specimen is a VERY BAD IDEA!!Slide4
ARTICLE 10: Sanctions On Individuals
Article 10.7
Disqualification of Results in Competitions Subsequent to Sample Collection
Medals, points, and prizes
Article 10.8 Commencement of Ineligibility Period
Not necessarily date of sample collection!!Article 10.9 Status During Ineligibility
4-year special ruleSlide5
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 casesLose precedent due to jurisprudence evolution
Why?Slide6
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.Slide7
Player v. ITF
PROBLEMS
Not communicating with physicianPhysician not specialized in sports medicine
Failure to report current medications at time of test
OUTCOMES
Found Negligent barred from Article 10.5 (COMING SOON!!)2-year suspension
Forfeiture of medals, points, and prizes (Article 10.7)
SOURCE:
Player
v. International Tennis Federation, 1488 A. (CAS 2008).Slide8
Specified Substances: Applicability
Prohibited List
Ingest drugs on list be sanctionedLess severe sanctions for substances covered under Article 10.3
How can athletes benefit from reduced sanctions under Article 10.3?
S
ubstance 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 system
SANCTIONS
ineligibility periods
CASE SCENARIO
ARTICLE
1
st
Violation
2
nd
Violation
3
rd
Violation
Article 10.2
2 years
lifetime
Article 10.3
0
to 1 years
2 years
lifetimeSlide9
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 year
Negligence
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?Slide10
Thompson v. USADA
PROBLEM:
Failure to comply to USADA Whereabouts Policy (Article 2.4)
Must be a nation testing pool athlete
Must violate 3 times within 18 months
CONGRATUATIONS ThompsonOUTCOME:
Minimum 1-year suspension under Article 10.3.3
Now called Article 10.4.3 because suspension can be eliminated completely
Forfeiture of all medals, points, and prizes (Article 10.7)
SOURCE:
Thompson
v. United States Anti-Doping Agency, 12 JENF. (AAA 2012).Slide11
The Whereabouts Controversy
2009 WADC update requires professional athletes to provide exact whereabouts 1 hour per day, 7 days per week
Must be submitted 3 months in advanceEarliest time availability moved from 5:00 AM to 6:00 AM
Bose, M. (2009, February 19).
BBC Sport: Athletes air issues over testing
. Retrieved from http://news.bbc.co.uk/sport2/hi/front_page/7892590.stmSlide12
The Case of
Cannabis
15 ng/ml LIMIT (scientifically established)
Recreational use v. performance enhancement
Marijuana as an ergolytic drug
Increased HR + decreased SV = reduced max performanceRespiratory tract infection + bronchitis + lung cancer = less O2 for performanceMarijuana as an ergogenic drugEuphoric effect
Anxiety reduction during performance
SOURCE:
University of Washington Alcohol & Drug Abuse InstituteSlide13
FINAL Comments
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
intentionally or not?Has the individual freedom of athletes been compromised too much to promote the right of all professional athletes to participate in doping-free sport? Slide14
Works Cited
Bose
, M. (2009, February 19). BBC Sport: Athletes air issues over testing. Retrieved from http://news.bbc.co.uk/sport2/hi/front_page/7892590.
stm
Czarnota
, 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, 45-73.McLaren, R. H. (2006). CAS Doping Jurisprudence: What Can We Learn, International Sports Law Review, 1, 4-22.
Niggli, O., & Sieveking, J. (2006). Selected Case Law Rendered Under the World Anti-Doping
Code
.
Jusletter
, 1-11.
Player
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
(Version 5.0) World Anti-Doping Association.
