2. Can I be charged for not reporting
someone else’s doping?
• 2.9 Complicity in an
Anti-Doping Rule
Violation.
– Assisting, encouraging,
aiding, abetting,
conspiring, covering up
or any other type of
complicity involving an
anti-doping rule violation
or any Attempted anti-
doping rule violation by
another Person.
3. New Default Sanction = 4
years?
• 10.2.1 A violation involving any
Prohibited Method or a Prohibited
Substance in the classes of
Anabolic Agents, Peptide
Hormones, Growth Factors and
Related Substances, Hormone and
Metabolic Modulators, or Diuretics
and Other Masking Agents, shall
result in four (4) years Ineligibility
unless the Athlete or other Person
can establish that the commission of
the anti-doping rule violation was
neither intentional nor reckless.
4. 4 Year Sanction for Specified
Substances?
• 10.2.2 Where an anti-doping
rule violation involves a
specified substance or a
substance not described in
Article 10.2.1 nor a specified
substance, and where the
Anti-Doping Organization
can establish that the
commission of the anti-
doping rule violation was
reckless or intentional, then
the period of Ineligibility shall
be four (4) years.
5. Further Undercutting of the Purpose
of “Specified Substances”
• 10.2.3 Where an anti-doping
rule violation involves a
specified substance and the
Anti-Doping Organization
can establish that the
commission of the anti-
doping rule violation was
intentional, the period of
Ineligibility shall be four (4)
years.
6. The End of “Substantial
Cooperation”?
• 10.2.4 An Athlete or other
Person, upon the approval of
both WADA and the Anti-Doping
Organization with results
management responsibility, may
be sanctioned with a period of
Ineligibility of between four (4)
and two (2) years by admitting
the anti-doping rule violation as
asserted under Article 10.2.1 or
10.2.2 promptly after being
confronted with the anti-doping
rule violation by an Anti-Doping
Organization.
7. Repayment of Prize Money or Lifetime
Suspension? Is This Matuzalem II?
• 10.7.1 Athletes and
other Persons shall not
be allowed to
participate in
Competitions until all
prize money forfeited
under this Article has
been repaid, unless
fairness requires
otherwise.
8. Indefinite Suspension Part 2?
• 10.12 Payment of CAS
Cost Awards.
– Athletes and other
Persons shall not be
allowed to participate in
Competition until any
CAS cost awards against
them have been paid,
unless fairness requires
otherwise.
9. Did CAS Unilaterally Change the
Arbitration Agreement?
• R65 Appeals against
decisions issued by
international federations in
disciplinary matters
• R65.1 The present Article
R65 is applicable to appeals
against decisions which are
exclusively of a disciplinary
nature and which are
rendered by an international
federation or sports-body
10. The Good – A New Contaminated
Product Rule
• 10.4.2 Contaminated Products.
• Where an Athlete or other Person
can establish No Significant Fault
and that the detected Prohibited
Substance came from a
Contaminated Product, then the
period of Ineligibility found in Article
10.2 shall be replaced with the
following: First Violation: At a
minimum, a reprimand and at a
maximum, two (2) years Ineligibility,
depending on the Athlete’s or other
Person’s degree of Fault.
– But see Definition of Contaminated
Product: A product which an Athlete or
other Person could not have known
contained a Prohibited Substance.
