10 Legal Studies | Anti Doping Laws

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Contents

1.0 Introduction pg. 1
2.0 Background Information pg. 1
3.0 Key players pg. 2
4.0 Investigation pg. 3
5.0 Evaluation pg. 4
6.0 Bibliography pg. 5

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1.0 Introduction
This report will detail, investigate, and evaluate the legal and administrative structure created, in WADA, to combat the ever prevalent issue of doping in an elite sporting environment. Of particular scrutiny will be the fairness, interpretation and implementation of the World Anti-Doping Code (WADC) with regard to recent anti-doping cases. Further, the numerous methods and substances of doping will be thoroughly assessed.

2.0 Background Information
‘Doping’ is a term that is often associated …show more content…
The agency was formed as an initiative of the International Olympic Committee in 1999 in response to the previous year’s doping events that horrified the world of cycling and the world of sport alike. Since then, WADA has overseen anti-doping testing, research and education as a means of combatting doping and creating an environment in which athletes may ‘play true’.
The foundation of WADAs fight for doping-free sport is the WADC of 2015, which details the disciplinary action to be taken against athletes who dope, what doping is, which substances are to be banned under the Prohibited List and the process for the analysis and collection of an athlete’s samples. To be included on the Prohibited List, and thus be a banned substance, the substance must meet any two of the following three criteria; the substance is or has the potential to be performance enhancing, the substance is or has the potential to be harmful to an athlete’s health, the substance is contrary to the ‘spirit of sport’ (WADA, …show more content…
The process begins with a Doping Control Officer (DOC) approaching an athlete and requiring them to submit one or more blood/urine samples. These samples are then directed to a WADA accredited laboratory for testing, and in the event of an adverse finding, WADA shall be notified and sanctions implemented on that particular athlete (WADA doping control video, 2009). Currently, the sanctions for doping are; a period of four years ineligibly for doping which occurs voluntarily (i.e. fault or negligence on behalf of the athlete) or two years for doping in which an athlete can prove no significant fault or negligence on their behalf, or if they admit to doping prior to testing of their sample (WADA, n.d.). The civil legal principle for application of such sanctions is strict liability, and the standard of proof is ‘comfortable satisfaction’, thus it does not matter how/why the substance is present in the athlete’s sample, they are to be punished (Cox, 2014). This principle therefore limits the operation of the two-year ban for no significant fault or negligence in the Court of Arbitration for Sport (CAS). This court is responsible for appeals in relation to ADRVs.
In Australia, the WADC is implemented through the national statuary body of ASADA, whose role is to ensure all sport remains WADA compliant (i.e. adheres to the terms of the WADC) by testing all national and international athletes in accordance with the