Education and Intervention Key To Tackling Doping in Sport
Sport should focus more on education and intervention rather than increased testing to combat doping, heard delegates at Twickenham Stadium for the sixth edition of. The 250 delegates present also heard that while international sporting federations are doing more than ever before to take anti-doping efforts to remote jurisdictions, the system needs to punish those who do not correctly implement the World Anti-Doping Code.
“WADA needs to evolve with the Code”, said Andy Parkinson, Chief Executive of UK Anti-Doping in his opening address. “Should WADA have investigative powers? Yes, but it should investigate uninvited countries and sports that are not correctly implementing the Code. We want WADA to be more than just a service provider.”
Rob Koehler, Director of Education and Program Development at the World Anti-Doping Agency (WADA), highlighted that while the Code places emphasis on testing, very few anti-doping organisations are carrying out education programmes. He revealed that WADA will attend a May meeting with the International Olympic Committee (IOC), international federations, UNESCO, International Fair Play and more on educating young people about anti-doping. This problem was further highlighted by Stephen Watkins of the Rugby Football Union, who raised significant issues regarding supplement use amongst young rugby union players.
Speakers also highlighted difficulties with the current testing-focussed regime and how they are being overcome. Thomas Capdevielle of the International Association of Athletics Federations pointed out that WADA's requirement for sample collection under the Athlete Biological Passport to be analysed in 36 hours by an accredited laboratory can be problematic in certain jurisdictions. The IAAF is launching a satellite laboratory in Eldoret, Kenya, using staff from the accredited Lausanne laboratory.
Hannah McLean of UK Anti-Doping gave a fascinating example of how cooperation with law enforcement worked to combat doping in the case of an athlete and coach whose house had been raided to find 60,000 steroid pills. The case revealed that if anti-doping authorities can prove that an athlete intended to cheat by taking what they believe to be a prohibited substance, then analytical evidence showing that a substance had prohibited drugs in it is not essential. She also revealed that an athlete can renounce possession if they make a mistake and buy a prohibited substance by immediately informing the national anti-doping authority concerned.
Anti-doping authorities also face a challenge presented by the European Union's revision of its data protection laws. Lars Mortsiefer, Head of Legal at the Nationale Anti-Doping Agentur Deutschland, said that WADA's requirements “cannot be reconciled” with the wishes of the Article 29 Working Party of data protection regulators.As, the Art. 29 WP wrote to WADA last week with a 13-page list of issues with the Code. Dan Cooper, WADA's External Privacy Counsel, said that international transfer of data could “prove problematic” and that blood profiling would be “impossible” if current issues were not resolved.
Other issues raised included;
• Interpretation of Article 10.4 of the Code by administrators at the Court of Arbitration for Sport (CAS) can be problematic;
• The 2015 Code needs to clarify whether CAS Arbitrators can still work for sporting organisations, or if they need to be truly independent;
• The US Equestrian Federation is using polygraph (lie detector) tests in anti-doping cases already;
• Clarification is needed as to what constitutes 'substantial assistance' to reduce an athlete sanction under Article 10.5.3 of the Code.
Tackling Doping in Sport is organised by World Sports Law Report, Squire Sanders (UK) LLP and UK Anti-Doping.