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(balco, 2006, 1) The Range Of Cases Heard By The Cas Reflects The Breadth Of ...

(Balco, 2006, 1)
The range of cases heard by the CAS reflects the breadth of the sporting world itself. The CAS has been called upon to consider reduced competition bans where extenuating circumstances are urged by the athlete (Lukin, 2007, 3); a request for relief from the Prohibited Substance list on the basis that the particular substance will aid in the health of the athlete (Brockman, (2004), 1); where an alleged tampering with a out of competition urine sample test procedure was challenged (Boyer, 2004, 1).
A recent decision of the CAS that highlights the CAS interpretation of the strict liability rules of the WADA Code is that of Zach Lund, the American skeleton racer disqualified from participation in the 2006 Winter Olympics due to a positive test for a prohibited masking agent, finasteride. (Lund, 2006, 1,2) The uncontested evidence before the CAS was that Lund had finasteride in his system due to his long term use of a hair restorative product. The CAS held that Lund was open and honest in his description of his failure to take all appropriate measures to educate himself as to the risks.(Lund, p.8)
It is submitted that in a traditional civil injunction proceeding, the absence of intent to gain a competitive advantage might be determinative of the issue, given that a berth in an Olympic Games was at stake. However, consistent with the ‘new age' of anti-doping attitudes, the CAS held that ‘the burden on the athlete to establish no fault or negligence is extremely high' (Lund, p.9) The arbitrator ruled that Lund was banned from Olympic competition in 2006.
In a 2006 arbitration conducted by the international basketball body, FIBA, a similar imposition of the WADA Code mandated and exacting strict liability standard was imposed for the inadvertent use of a hair restorative (Kurtoglu, 2006, 1), where FIBA upheld a two year competition ban. Other fact situations that highlight the primacy of the WADA Code in modern sport are contained in the newspaper articles excerpted below.( e.g. Gatlin; Ferdinand; Chambers)
In its eight years of existence, WADA has successfully impressed its anti-doping will upon the international sport community. The rules developed and disseminated by WADA have created cohesion and significant consistency in the manner that doping cases are conducted world-wide. As noted in the opening paragraph above, the intangibles associated with WADA's heightened promotion of the ethical, health and competition issues inextricably linked to performance enhancing substances are WADA's greatest achievement.

Bibliography

American Arbitration Association (2006) Sports Arbitration including Olympic Athlete Disputes http://www.adr.org/About (Accessed March 21, 2007)
"Athletics: Prize-Money Row Bars Chambers from NIA Grand Prix."(2006) Birmingham Post (England) 17 Feb. 2006: 36
Balco case trial date pushed back (March 17, 2006) BBC News
http://news.bbc.co.uk/sport1/hi/athletics/4357145.

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