By Andrew Macdonald, Senior Solicitor, for Mills & Reeve LLP
New research published in the Journal of Physiology suggests that athletes using steroids for only a short period could gain an unfair advantage over “clean” competitors for up to ten years.
This brings sharply into focus the issue of doping in sport and the sanctions to be applied in circumstances where sportspeople cheat the system.
It comes at a time when a number of high profile Jamaican and Kenyan athletes have tested positive for banned substances, and the drug-testing authorities of those nations have been criticised for testing and intelligence failings.
At the recent World Conference on Doping in Sport, which took place in Johannesburg on 12-15 November 2013, agreement was reached at for a revised World Anti-Doping Code, which will come into effect on 1 January 2015.
One of the key changes in the new Code is to double bans for drugs cheats from two years to four years — but some (including the scientist behind the recently published research) will consider that this is still not long enough for the most serious and intentional cheats. Others worry that the four years could be handed out to those taking social drugs or inadvertently taking supplements that contain banned substances.
Other changes to be introduced in the new Code include:
Extending the limitation period in which anti-doping authorities can charge a person with doping violations from eight years to ten years
Incentivising early co-operation and information sharing by those accused of doping violations by “rewarding” reduced bans
Stronger powers to punish coaches/trainers who are involved in an anti-doping violation
While it might appeal to many, a policy of lifetime bans for the more serious cheats would likely result in legal challenges.
This has already been seen with the World Anti-Doping Agency’s success before the Court of Arbitration for Sport in challenging a British Olympic Association bye-law. That bye-law provided for lifetime bans from Olympic competition for British athletes, even after they had served their periods of suspension. However, there have been other CAS decisions confirming the two year ban is proportionate — time will tell if CAS confirms this for a four year ban.
The moral and legal debate about drugs in sport and what should be done looks likely to rumble on. The WADA code goes some way to addressing the ever-changing landscape of drugs in sport but the anti-doping authorities will need to continue to advance and evolve to protect the clean competitors and the integrity of sport.
