{"id":592,"date":"2011-10-07T15:15:00","date_gmt":"2011-10-07T22:15:00","guid":{"rendered":"http:\/\/trackchill.com\/?p=592"},"modified":"2011-12-29T08:59:37","modified_gmt":"2011-12-29T16:59:37","slug":"cas-got-it-right-no-double-jeopardy-for-the-olympics","status":"publish","type":"post","link":"http:\/\/trackchill.com\/?p=592","title":{"rendered":"CAS Got It Right \u2013 No Double Jeopardy for the Olympics"},"content":{"rendered":"

While the sport of track and field constantly seems intent on shooting itself in the foot, yesterday the Court of Arbitration in Sport issued a ruling that should help the sport in spite of itself. <\/p>\n

The CAS ruling<\/a> over turns the following IOC Regulation that was instituted on June 27, 2008: <\/p>\n

\n

\u201cThe IOC Executive Board, in accordance with Rule 19.2.10 OC and pursuant to Rule 45 OC, hereby issues the following rules regarding participation in the Olympic Games: <\/p>\n

1. Any person who has been sanctioned with a suspension of more than six months by any anti-doping organization for any violation of any anti-doping regulations may not participate, in any capacity, in the next edition of the Games of the Olympiad and of the Olympic Winter Games following the date of expiry of such suspension. <\/p>\n

2. These Regulations apply to violations of any anti-doping regulations that are committed as of 1 July 2008. They are notified to all International Federations, to all National Olympic Committee and to all Organizing Committees for the Olympic Games\u201d.<\/p>\n<\/blockquote>\n

Basically stating that an individual that has served an anti-doping ban of six months or greater is ineligible to participate in the following Olympic Games. I have felt from the beginning that this constitutes a form of Double Jeopardy<\/a> \u2013 that the athlete is being punished twice for the same offense \u2013 which, at least under U.S. law is not allowed. <\/p>\n

While the IOC has argued that this regulation does not impose an additional \u201cban\/suspension\u201d but is instead a \u201ccondition of eligibility\u201d for the Olympic Games, CAS saw differently. In rendering its decision CAS stated: <\/p>\n

\n

8.24 \u2013 The IOC Regulation provides for an additional disciplinary sanction (as characterized by the Panel in Part 8(ii) above) after the ineligibility sanction for an anti-doping rule violation under the WADA Code has been served. The Regulation thus provides for a period of ineligibility (non-participation) that is not provided for under Article 10 of the WADA Code. In so doing, the IOC Regulation constitutes a substantive change to the WADA Code, which the IOC has contractually committed itself not to do and which is prohibited by Article 23.2.2 WADA Code. <\/p>\n<\/blockquote>\n

Interpretation: that the IOC regulation is indeed an additional suspension that is in violation of World Anti-Doping rules! <\/p>\n

\"image\"<\/a>The immediate results of the ruling is that it will allow LaShawm Merritt to defend his Olympic title in London \u2013 should he make the U.S. team which IS a valid condition of participation in the Games. It also opens up the door for Dwain Chambers to challenge his imminent omission from the Olympic Games by the British Olympic Association, as they have taken a position of banning British Athletes from participation in the Olympic Games if they have served past doping suspensions. Chambers may find himself still barred from participation however, as the Olympic Charter allows for each National Olympic Committee to set its own rules as to how it selects its Olympic team. Something to watch as the calendar turns to 2012 \u2013 especially given that the Games will be held in Britain. <\/p>\n

More long term, however, I would hope that this would bring the IAAF to the table with meet promoters to discuss the Double Jeopardy that meet promoters have placed athletes under with respect to participation in the larger meets \u201cpost doping suspension\u201d. Just as myself and many others find it sad that the IAAF limits the ability of athletes to market themselves in pursuit of earning a living \u2013 via the ruling that disallows the placement of advertising on athletes uniforms \u2013 it is also sad, in my opinion, that athletes may also be precluded from earning lanes, and money in the better meets because of past suspensions. <\/p>\n

IF it is the feeling of the sport that those that receive suspensions should no longer participate, then the sport should go to life time bans! If an athlete is not receiving of a lifetime ban however, then punishment received via WADA levied sanctions should be considered fair and substantial punishment. The idea of contracting with a Third Party to both test and levy sanctions in the event of positive tests is to take ANY partiality that either the federations or the governing body (IAAF) may have in the matter. It is not up to the sport to decide \u201cwinners and losers\u201d in this regard, nor to exact additional punishments based upon the \u201cfeelings\u201d or \u201cpartialities\u201d of any of the parties involved in the sport \u2013 local federations, anti-doping agencies, governing body personnel, meet promoters or any others associated with the sport that may have vested interests. This serves to protect both the integrity of the sport, unless usurped, as well as the best interests of the athletes. <\/p>\n

I know that many feel that \u201clifetime\u201d bans are what is needed to \u201cclean up\u201d the sport. Understanding that \u201clifetime\u201d bans would almost certainly require adherence to some sort of \u201cstrict liability\u201d rules, this past World Championships could have been without: Yohan Blake, LaShawn Merritt, Shelly Ann Fraser Pryce, Christine Uhuruogu, Dwain Chambers, Justin Gatlin, and Daniel Bailey, among others. If you can live with that, fine, if not perhaps the cry for \u201clifetime\u201d bans needs a bit more thought. <\/p>\n

Personally I could go with \u201clifetime\u201d bans IF the sport provides transparency in its anti-doping program to ensure that the athletes have adequate representation\/protection AND that a proper drug testing program is FULLY implemented \u2013 blood testing in conjunction with blood passports for ALL athletes \u2013 run through WADA without outside interference. Something I will be discussing in greater detail during the off season. <\/p>\n

Today, however, I applaud the CAS decision as it is a good first step in bringing some order to the anti-doping movement.<\/p>\n","protected":false},"excerpt":{"rendered":"

While the sport of track and field constantly seems intent on shooting itself in the foot, yesterday the Court of Arbitration in Sport issued a ruling that should help the sport in spite of itself. The CAS ruling over turns the following IOC Regulation that was instituted on June 27, 2008: \u201cThe IOC Executive Board, in accordance with Rule 19.2.10 OC and pursuant to Rule 45 OC, hereby issues the following rules regarding participation in the Olympic Games: 1. Any person who has been sanctioned with a suspension of more than six months by any anti-doping organization for any violation of any anti-doping regulations may not participate, in any capacity, in the next edition of the Games of the Olympiad and of the Olympic Winter Games following the date of expiry of such suspension. 2. These Regulations apply to violations of any anti-doping regulations that are committed as of 1 July 2008. They are notified to all International Federations, to all National Olympic Committee and to all Organizing Committees for the Olympic Games\u201d. Basically stating that an individual that has served an anti-doping ban of six months or greater is ineligible to participate in the following Olympic Games. I have felt from the beginning that this constitutes a form of Double Jeopardy \u2013 that the athlete is being punished twice for the same offense \u2013 which, at least under U.S. law is not allowed. While the IOC has argued that this regulation does not impose an additional \u201cban\/suspension\u201d but is instead a \u201ccondition of eligibility\u201d for the Olympic Games, CAS saw differently. In rendering its decision CAS stated: 8.24 \u2013 The IOC Regulation provides for an additional disciplinary sanction (as characterized by the Panel in Part 8(ii) above) after the ineligibility sanction for an anti-doping rule violation under the WADA Code has been served. The Regulation thus provides for a period of ineligibility (non-participation) that is not provided for under Article 10 of the WADA Code. In so doing, the IOC Regulation constitutes a substantive change to the WADA Code, which the IOC has contractually committed itself not to do and which is prohibited by Article 23.2.2 WADA Code. Interpretation: that the IOC regulation is indeed an additional suspension that is in violation of World Anti-Doping rules! The immediate results of the ruling is that it will allow LaShawm Merritt to defend his Olympic title in London \u2013 should he make the U.S. team which IS a valid condition of participation in the Games. It also opens up the door for Dwain Chambers to challenge his imminent omission from the Olympic Games by the British Olympic Association, as they have taken a position of banning British Athletes from participation in the Olympic Games if they have served past doping suspensions. Chambers may find himself still barred from participation however, as the Olympic Charter allows for each National Olympic Committee to set its own rules as to how it selects its Olympic team. Something to watch as the calendar turns to 2012 \u2013 especially given that the Games will be held in Britain. More long term, however, I would hope that this would bring the IAAF to the table with meet promoters to discuss the Double Jeopardy that meet promoters have placed athletes under with respect to participation in the larger meets \u201cpost doping suspension\u201d. Just as myself and many others find it sad that the IAAF limits the ability of athletes to market themselves in pursuit of earning a living \u2013 via the ruling that disallows the placement of advertising on athletes uniforms \u2013 it is also sad, in my opinion, that athletes may also be precluded from earning lanes, and money in the better meets because of past suspensions. IF it is the feeling of the sport that those that receive suspensions should no longer participate, then the sport should go to life time bans! If an athlete is not receiving of a lifetime ban however, then punishment received via WADA levied sanctions should be considered fair and substantial punishment. The idea of contracting with a Third Party to both test and levy sanctions in the event of positive tests is to take ANY partiality that either the federations or the governing body (IAAF) may have in the matter. It is not up to the sport to decide \u201cwinners and losers\u201d in this regard, nor to exact additional punishments based upon the \u201cfeelings\u201d or \u201cpartialities\u201d of any of the parties involved in the sport \u2013 local federations, anti-doping agencies, governing body personnel, meet promoters or any others associated with the sport that may have vested interests. This serves to protect both the integrity of the sport, unless usurped, as well as the best interests of the athletes. I know that many feel that \u201clifetime\u201d bans are what is needed to \u201cclean up\u201d the sport. Understanding that \u201clifetime\u201d bans would almost certainly require adherence to some sort of \u201cstrict liability\u201d rules, this past World Championships could have been without: Yohan Blake, LaShawn Merritt, Shelly Ann Fraser Pryce, Christine Uhuruogu, Dwain Chambers, Justin Gatlin, and Daniel Bailey, among others. If you can live with that, fine, if not perhaps the cry for \u201clifetime\u201d bans needs a bit more thought. Personally I could go with \u201clifetime\u201d bans IF the sport provides transparency in its anti-doping program to ensure that the athletes have adequate representation\/protection AND that a proper drug testing program is FULLY implemented \u2013 blood testing in conjunction with blood passports for ALL athletes \u2013 run through WADA without outside interference. Something I will be discussing in greater detail during the off season. Today, however, I applaud the CAS decision as it is a good first step in bringing some order to the anti-doping movement.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[123],"class_list":["post-592","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-cas"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/pa3DCY-9y","jetpack-related-posts":[{"id":434,"url":"http:\/\/trackchill.com\/?p=434","url_meta":{"origin":592,"position":0},"title":"IOC Decision on Merritt \u2013 Wrong Yet Again","author":"CHill","date":"January 13, 2011","format":false,"excerpt":"Doping is proving to be the biggest problem facing track and field \u2013 because it\u2019s an issue that it just can\u2019t seem to get right. And that\u2019s saying a lot given the problems it faces in marketing; getting it\u2019s best athletes to compete against each other; and finances \u2013 specifically\u2026","rel":"","context":"With 2 comments","block_context":{"text":"With 2 comments","link":"http:\/\/trackchill.com\/?p=434#comments"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":116,"url":"http:\/\/trackchill.com\/?p=116","url_meta":{"origin":592,"position":1},"title":"Dwain Chambers and What’s Wrong with the Drug Program","author":"CHill","date":"March 5, 2009","format":false,"excerpt":"Snipets of the Dwain Chambers book have been leaking out on the Internet as a result of it being serialized In Sportsmail. .And, of course, as with \"Speed Trap\" and other books, it appears that he is ready to \"tell all\" - or at least a bit of what he\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2445,"url":"http:\/\/trackchill.com\/?p=2445","url_meta":{"origin":592,"position":2},"title":"Let Them Speak","author":"CHill","date":"August 29, 2020","format":false,"excerpt":"The Olympic Charter calls on the IOC \u201cto oppose any political or commercial abuse of sport and athletes\u201d. This is the basis for \u201cbanning\u201d athletes protests during the Olympics. I feel however, that using this statement as the reason to ban the peaceful protests of athletes is itself an abuse\u2026","rel":"","context":"In \"Olympics\"","block_context":{"text":"Olympics","link":"http:\/\/trackchill.com\/?tag=olympics"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/trackchill.com\/wp-content\/uploads\/2016\/04\/Placeholder_thumb-150x141.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":584,"url":"http:\/\/trackchill.com\/?p=584","url_meta":{"origin":592,"position":3},"title":"Lack of Transparency Leads to Finger Pointing","author":"CHill","date":"September 21, 2011","format":false,"excerpt":"It seems that every year there are one or two performances, such as Brussels\u2019 200 meters, that leave everyone saying, \u201cWhat was that?\u201d Followed by a mass discussion of the sport\u2019s tainted history in the area of drug use including \u201cborder wars\u201d between American & Jamaican fans on message boards;\u2026","rel":"","context":"Similar post","block_context":{"text":"Similar post","link":""},"img":{"alt_text":"image","src":"https:\/\/i0.wp.com\/lh5.ggpht.com\/-3YzDm0ZKkXk\/Tnn3YmbBBjI\/AAAAAAAAAfs\/vv77gVEuIEQ\/image_thumb.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":2124,"url":"http:\/\/trackchill.com\/?p=2124","url_meta":{"origin":592,"position":4},"title":"Wow, I Agree with Carl Lewis","author":"CHill","date":"March 9, 2016","format":false,"excerpt":"It's been the rare occasion that I've been in agreement with Carl Lewis. He's been \"controversial\" during much of his association with the sport of track and field going back to the 1980s. But as I read this article I found myself nodding my head in agreement. While I've been\u2026","rel":"","context":"In \"Anti-doping\"","block_context":{"text":"Anti-doping","link":"http:\/\/trackchill.com\/?tag=anti-doping"},"img":{"alt_text":"Me for Blog pic","src":"https:\/\/i0.wp.com\/trackchill.com\/wp-content\/uploads\/2016\/03\/Me-for-Blog-pic_thumb.png?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":411,"url":"http:\/\/trackchill.com\/?p=411","url_meta":{"origin":592,"position":5},"title":"Anti Doping \u2013 \u201cBut Dad They Stay Out Past Midnight at Billy\u2019s House\u201d","author":"CHill","date":"October 25, 2010","format":false,"excerpt":"As parents attempt to raise their children, they figure out at some point that a key to affecting their behavior is consistency. You have to deliver a clear message that is supported by consistent delivery of the message and consistent punishment that fits the transgression. The rules and punishments must\u2026","rel":"","context":"With 18 comments","block_context":{"text":"With 18 comments","link":"http:\/\/trackchill.com\/?p=411#comments"},"img":{"alt_text":"Canadian sprinter Ben Johnson on the winners podium with his gold medal after winning the 100 Metres event at Seoul Olympic Stadium during the Olympic Games in Seoul, South Korea, 24th September 1988. On the left is bronze medal winner Linford Christie of Great Britain. Johnson won the event in a world record time of 9.79 seconds, but was disqualified for doping, with Carl Lewis of the USA, taking the title. (Photo by Tony Duffy\/Getty Images)","src":"https:\/\/i0.wp.com\/view4.picapp.com\/pictures.photo\/image\/2336414\/johnson-gold-medal\/johnson-gold-medal.jpg?resize=350%2C200","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/posts\/592","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/trackchill.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=592"}],"version-history":[{"count":1,"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/posts\/592\/revisions"}],"predecessor-version":[{"id":695,"href":"http:\/\/trackchill.com\/index.php?rest_route=\/wp\/v2\/posts\/592\/revisions\/695"}],"wp:attachment":[{"href":"http:\/\/trackchill.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=592"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/trackchill.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=592"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/trackchill.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=592"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}