Doping and Corruption in Sport Flashcards
Why is the integrity of sport important?
Despite growing commercialisation of sport, there is still a strong socio-cultural aspect of sport
What are some of the aspects affecting the integrity of sport?
- Doping
- Sport agents
- Match fixing
- Corruption
- Protection of minors-protection from injury, post sport support if they fail to make it
When was WADA established? and what was a major trigger of its creation
- 1999 as an international independent agency
* Creation after Festina case 1997
What are the key activities of WADA?
- scientific research e..g develop list of banned substances and update
- education-culture change may now be seen as more powerful than punishment
- , development of anti-doping capacities (at national level
- monitoring of theWorld Anti Doping Code (Code)
- WADA develops rules of conduct and procedural rules for decision-making
- At a national level, the responsibility falls on anti-doping agencies
How does the doping framework link with the sports governance framework?
- International level (ISFs)-WADA
- Confderate/NGB level- National anti-doping agencies e.g. UKAD
- Player, club, athletes level- CAS
How do NGBs adhere to anti-doping programmes?
• NGBs state they are signatories to the code and will adopt and implement rules and regulations impsoed
What is the history of the WADA code?
First adopted in 2003 and effective from 1 January 2004. Revised in 2009 and
the current revised Code effective from 1st January 2015
What is the code drafted on?
Drafted on the basis of strict liability. This means that a doping violation can be committed without fault or knowledge (intention not needed)
What is the aim of the code?
- A set of model regulations that aims to ensure consistency in the application of anti-doping regulation
- Applies to nearly all sports (around 97% exc e.g. boxing) and its adoption is a prerequisite for Olympic competition
What is the relationship of the code with CAS?
Under the code you have the right to appeal to CAS
What are the code’s international standards?
Supplementary documents to the code which are revised annually to prevent revsions of the entire code
What are some of the international standards of the code?
- The Prohibited List e.g. Sharapova case (meldonium drug added)
- International Standards for Testing and Investigations e.g. Russia state tampering with drugs
- International Standards for Laboratories
- International Standards for Therapeutic Use Exemptions- e..g Bradley Wiggins
- International Standards for the Protection of Privacy and Personal Information e.g. whereabouts data
What legal principles are the anti-doping regulations predicated on?
- Contractual relationship between sportspeople and NGBs
- Anti-doping regulation, as represented by the World Anti-Doping Code, is considered by the law to be a proportional response to doping in sport.
Explain the legal principle of the contractual relationship underpinning the WADA regulations?
- Relationship includes the terms of which include the doping regulations of that particular sport
- Brought in as players argued it wasn’t formally part of their contract
Explain the legal principle of the WADA regulations being a proportional repsonse to doping in sport
Came after legal cases such as Meca-medina and Majcen 2006 where the regulations and bans were stated as being anti-competitive but the ECJ found that the anti-doping regulations were needed to fulfil the legitimate sporting objectives of FINA and the IOC
What is in article 1 of the WADA code?
Article 1 of the WADA Code defines doping as one or more occurrences of the anti-doping rule
violations set out Article 2
What are some of the key aspects in article 2 of of the WADA code?
- Most bans increased from 2 to 4 years
- Shortest ban is 2 years for violating out-of-competition regulations
- Most sever bans of (4 yrs-lifetime) for trafficking or adminstration to an athlete
but
without intent, you may get certain reductions
Explain strict liability?
A positive test is sufficient in itself to establish liability. It is not necessary to
show that the athlete (or another person) transmitted the banned substance
into the athlete’s body with the aim of achieving an increase in performance,
nor that the substance did actually increase performance
What does operating on strict liability allow?
- Strict liability allows a SGB to ban an athlete without showing that the athlete intended to take the substance
- The rule offers clarity and simplicity, but may appear to be draconian in its consequences-plays with athletes lives e.g. loss of sponsorship
- Both CAS and the High Court have held that strict liability is lawful
What is article 2.4 of the WADA code?
Violation of requirements regarding availability for
out-of-competition testing
• Includes whereabouts data required from elete athletes to give location information at regular intervals for authorities to test at random times
What is a case study example of a violation of article 2.4? and explain
• Christine Ohuruogu v BOA [2008]:
•Missed three out-of-competition tests and was suspended for 12 months.
• At an appeal, it was held that it was irrelevant
that Ohuruogu had no intention to engage in doping activities or that no notice was given of the test.
What are the issues surrounding out-of-competition testing?
Significant issues remain around the validity of a draconian out-of competition testing regime, not least the right to privacy and family life
What is reduction of ineligibility?
The balance to the strict liability over the finding of a Prohibited Substance rule is provided through the possibility of modified sanctions
• Introduced in 2015 as a way of addressing issues of no natural justice
What articles of the code correspond to a reduction of ineligibility?
- Article 10.4 of the Code allows an athlete to avoid or reduce the sanction in certain circumstances where they can demonstrate that they did not intend to enhance their sport performance e.g. Sharapova use of drug fro previous 10 years
- Article 10.5 allows an athlete to avoid or reduce the sanction if they are able to demonstrate they were not at fault, or not at significant fault
- Article 10.5.3 effectively allows a 75% discount on any period of ineligibility for “substantial assistance in discovering or establishing anti-doping rule violations”
