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Sydney Morning Herald
09-05-2025
- Sport
- Sydney Morning Herald
We've been taught the opposite, but not all doping transgressions are equal
Since the first iteration of the WADA code came into force over 20 years ago, the jurisprudence on how those rules and standards are to be applied has filled umpteen authoritative legal texts. Under the current WADA code and the anti-doping policies adopted almost uniformly worldwide – the National Football League in the US being a notable outlier – there are 11 different types of doping offence. Only one requires evidence of a urine or blood test showing the presence of a prohibited substance. Moreover, doping sanctions aren't uniform, and nor should they be. Once upon a time, they were, and there existed an inherent unfairness for athletes in fixed penalties. Not all doping transgressions are equal. It's the same as the criminal charge of manslaughter, potentially involving anything from a 90-year-old assisting an old and terminally-ill partner to die with dignity, right through to a malicious, evil act that borders on murder. The crimes are not the same. In terms of Rabada, what's been disclosed publicly is that he's accepted a sanction after testing positive for the presence of a 'substance of abuse', and that he's free to play in the Indian Premier League and elsewhere – he played in the IPL just this week – after having served a one-month ban. At that point, you might think Rabada must have nude photos of whoever sanctioned him, because all dopers should get years to life and be shamed publicly, right? It's the same logic but in reverse – because, of course, he's Australian – that underpins the argument that Max Purcell was penalised with undue harshness by the International Tennis Integrity Agency ruling that he's ineligible for a period of 18 months after receiving an intravenous infusion of five times the allowed volume of non-banned substances. And it's the same logic deployed to argue Purcell must have been whacked too hard, because Jannik Sinner copped one-sixth of that time on the sidelines after testing positive to a prohibited substance, present in a treatment used by his masseuse to medicate his self-inflicted scalpel wound on his own hand. Whataboutism can be used to make or break any argument. The better analysis is to consider the facts as they're known, against the rules. So, what's known? First, Rabada's sample glowed red for the presence of a 'substance of abuse', which is a substance identified under WADA rules as being frequently used and abused in society outside of the context of sport. There are only four such substances: cocaine, heroin, MDMA, and THC, the active element of cannabis. On the reasonable assumption heroin is not in play, we're left with weed, ecstasy and Bondi Marching Powder. None of those substances are banned for athletes out of competition. Rules to distinguish instances of athletes testing positive to substances of abuse were introduced by WADA in 2021. That system isn't a free hit for the athlete. In accordance with article 10.2.4.1 of the WADA Code, the athlete must establish their use of the substance occurred outside of competition, and that it was unrelated to sport performance. If the athlete proves those two matters, on balance and with evidence such as pharmacological reports regarding the half-life of the substance in the athlete's system, and written statements from themselves and those who may have used the substances with the athlete, a sanction that may otherwise have been two or even four years is reduced to a fixed three months. If the athlete also submits to a treatment programme – in this case one approved by the South African Institute for Drug Free Sport – that three months becomes one month. Loading Further, because results management takes time, as soon as the athlete is notified of an adverse analytical finding for the substance of abuse in their system – and thus before any doping charge is laid – the athlete can elect to cop a provisional suspension on the basis that the one-month period might have already expired by the time they complete their treatment program, with a one-month sanction then imposed. Finally, while all this is taking place, the convoluted provisions of article 14 of the WADA Code restrain SAIDS, Cricket South Africa, Rabada's Gujarat Titans IPL franchise and basically anyone apart from the athlete himself from making any public statement about the matter or any aspect of the matter. Is there anything which 'stinks', or which is even slightly unorthodox about how Rabada's case has been managed? No, not really. If Rabada took cocaine or any other substance of abuse in South Africa in January, between games, should that mean that he's banned for two years or more? No. Should anyone rightly get apoplectic about the fact that South Africa's premier fast bowler has had a month-long holiday without anyone having the opportunity to throw stones during the currency of his ban? No. What gets lost in all this is that even athletes who break the rules have rights. Doping rules are just rules; not all contraventions contain an element of deviousness and an intention to cheat the system.
The Age
09-05-2025
- Sport
- The Age
We've been taught the opposite, but not all doping transgressions are equal
Since the first iteration of the WADA code came into force over 20 years ago, the jurisprudence on how those rules and standards are to be applied has filled umpteen authoritative legal texts. Under the current WADA code and the anti-doping policies adopted almost uniformly worldwide – the National Football League in the US being a notable outlier – there are 11 different types of doping offence. Only one requires evidence of a urine or blood test showing the presence of a prohibited substance. Moreover, doping sanctions aren't uniform, and nor should they be. Once upon a time, they were, and there existed an inherent unfairness for athletes in fixed penalties. Not all doping transgressions are equal. It's the same as the criminal charge of manslaughter, potentially involving anything from a 90-year-old assisting an old and terminally-ill partner to die with dignity, right through to a malicious, evil act that borders on murder. The crimes are not the same. In terms of Rabada, what's been disclosed publicly is that he's accepted a sanction after testing positive for the presence of a 'substance of abuse', and that he's free to play in the Indian Premier League and elsewhere – he played in the IPL just this week – after having served a one-month ban. At that point, you might think Rabada must have nude photos of whoever sanctioned him, because all dopers should get years to life and be shamed publicly, right? It's the same logic but in reverse – because, of course, he's Australian – that underpins the argument that Max Purcell was penalised with undue harshness by the International Tennis Integrity Agency ruling that he's ineligible for a period of 18 months after receiving an intravenous infusion of five times the allowed volume of non-banned substances. And it's the same logic deployed to argue Purcell must have been whacked too hard, because Jannik Sinner copped one-sixth of that time on the sidelines after testing positive to a prohibited substance, present in a treatment used by his masseuse to medicate his self-inflicted scalpel wound on his own hand. Whataboutism can be used to make or break any argument. The better analysis is to consider the facts as they're known, against the rules. So, what's known? First, Rabada's sample glowed red for the presence of a 'substance of abuse', which is a substance identified under WADA rules as being frequently used and abused in society outside of the context of sport. There are only four such substances: cocaine, heroin, MDMA, and THC, the active element of cannabis. On the reasonable assumption heroin is not in play, we're left with weed, ecstasy and Bondi Marching Powder. None of those substances are banned for athletes out of competition. Rules to distinguish instances of athletes testing positive to substances of abuse were introduced by WADA in 2021. That system isn't a free hit for the athlete. In accordance with article 10.2.4.1 of the WADA Code, the athlete must establish their use of the substance occurred outside of competition, and that it was unrelated to sport performance. If the athlete proves those two matters, on balance and with evidence such as pharmacological reports regarding the half-life of the substance in the athlete's system, and written statements from themselves and those who may have used the substances with the athlete, a sanction that may otherwise have been two or even four years is reduced to a fixed three months. If the athlete also submits to a treatment programme – in this case one approved by the South African Institute for Drug Free Sport – that three months becomes one month. Loading Further, because results management takes time, as soon as the athlete is notified of an adverse analytical finding for the substance of abuse in their system – and thus before any doping charge is laid – the athlete can elect to cop a provisional suspension on the basis that the one-month period might have already expired by the time they complete their treatment program, with a one-month sanction then imposed. Finally, while all this is taking place, the convoluted provisions of article 14 of the WADA Code restrain SAIDS, Cricket South Africa, Rabada's Gujarat Titans IPL franchise and basically anyone apart from the athlete himself from making any public statement about the matter or any aspect of the matter. Is there anything which 'stinks', or which is even slightly unorthodox about how Rabada's case has been managed? No, not really. If Rabada took cocaine or any other substance of abuse in South Africa in January, between games, should that mean that he's banned for two years or more? No. Should anyone rightly get apoplectic about the fact that South Africa's premier fast bowler has had a month-long holiday without anyone having the opportunity to throw stones during the currency of his ban? No. What gets lost in all this is that even athletes who break the rules have rights. Doping rules are just rules; not all contraventions contain an element of deviousness and an intention to cheat the system.
CBC
03-03-2025
- Sport
- CBC
Team Einarson lead Briane Harris files complaint against CCES with WADA: reports
Curler Briane Harris, recently reinstated after sitting out nearly a year due to a provisional suspension, has filed a complaint against the Canadian Centre for Ethics in Sport with the World Anti-Doping Agency, two sources with knowledge of the situation said. The complaint was sent to the Montreal-based agency on Feb. 7, claiming nonconformity with the WADA Code by the CCES, according to a 10-page document that has been seen by The Canadian Press. CBC Sports has not independently confirmed the reports. The CCES is an independent organization responsible for administering Canada's anti-doping program. The sources spoke on the condition of anonymity because the complaint has not been made public. A four-time national champion as lead with Team Kerri Einarson, Harris had her ban lifted by the Court of Arbitration for Sport last January after it found she bore no fault or negligence for an anti-doping rule violation in January 2024. Harris tested positive for trace amounts of the substance Ligandrol, which is banned by WADA for its anabolic, muscle-building effects. The Winnipeg native claimed she was unknowingly exposed to it through bodily contact. Allegations against CCES The complaint to WADA was a result of developments in the days after Harris received out-of-competition test results on the eve of the 2024 Scotties Tournament of Hearts, the document said. Her Toronto-area lawyers, Emir Crowne and Amanda Fowler, informed the CCES and World Curling on Feb. 19, 2024 of what they claimed was an alarming confidentiality breach, the document said, stemming from posts made two days earlier on the social media website Reddit. In a curling thread on the online forum, a user claimed to know details of the Harris case and posted them citing "a friend that works for the CCES" as the source of the information, according to the complaint. The posts, which Harris's lawyers claimed were seemingly accurate and contemporaneous, were deleted three days after they went online, the complaint said. Email exchanges between the curler's legal representation and CCES chief executive officer Jeremy Luke were included in the complaint along with the Reddit thread and screenshots of deleted posts. The Ottawa-based CCES, citing results of an internal investigation, said it did not believe anyone from the centre had shared the information publicly, according to the complaint. Messages left with the CCES were not immediately returned. Harris has asked that the matter be investigated thoroughly and independently, the complaint said, and that she be apprised of the findings of any investigation. Her lawyers claimed that the CCES investigating and exonerating itself is why WADA oversees its signatories, the complaint said. WADA did not immediately return a followup message on whether there will be an investigation into the Harris complaint. The World Anti-Doping Code, first published in 2003, is the core document that harmonizes anti-doping policies, rules and regulations within sport organizations and among public authorities around the world, the agency's website said. Impact on Team Einarson It's unclear when the 32-year-old Harris, who declined an interview request, might return to competitive play. Her team, based in Gimli, Man., is ranked second in Canada behind national champion Rachel Homan of Ottawa. The rink has used a number of substitute players with Harris unavailable and second Shannon Birchard out with a long-term knee issue. Krysten Karwacki, normally an alternate, has filled in at lead. Karlee Burgess was added to the team in mid-season as an injury replacement for Birchard. Einarson's team has already secured a berth at the Montana's Canadian Curling Trials in November. That event will determine the country's four-player team representatives at the 2026 Milan-Cortina Olympics in Italy.
