tag:theconversation.com,2011:/uk/topics/world-anti-doping-code-14022/articlesWorld Anti-Doping Code – The Conversation2016-08-24T19:51:13Ztag:theconversation.com,2011:article/643472016-08-24T19:51:13Z2016-08-24T19:51:13ZAdministrative ineptitude threatens to hobble Kenya’s track and field athletes<figure><img src="https://images.theconversation.com/files/135303/original/image-20160824-30222-1bjpr5g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Kenyan-born Ruth Jebet, just 19, waves the Bahraini flag after winning gold over Kenyan competitors at the Rio Olympics. </span> <span class="attribution"><span class="source">Reuters/Dominic Ebenbichler</span></span></figcaption></figure><p><em>Kenya emerged as the <a href="https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=rio%20olympics%20final%20medals%20table&mie=oly%2C%5B%22%2Fm%2F03tnk7%22%2C1%2C%22m%22%2C1%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2Cnull%2C0%5D">top African nation</a> on the Rio Olympics medal table thanks to its track and field team. But the country’s continued international success has masked <a href="http://www.bbc.com/sport/athletics/35551486">serious management lapses</a>. Wycliffe W. Njororai Simiyu explains that these are to blame for the steady exodus of athletes to other countries.</em></p>
<p><strong>What ails track and field management in Kenya?</strong></p>
<p>Track and field as a sport has contributed most to the positive global image of Kenya as a sporting super power. This was quite evident in the World Athletics Championships in 2015 when against all odds, Kenya emerged as the <a href="http://www.bbc.com/news/world-africa-34102562">number one nation</a> ahead of the US, Jamaica, Great Britain, Germany and Russia, among others. </p>
<p>At the Rio Olympics Kenya came second only to the US in track and field medal rankings. In fact, it was only track and field athletes who contributed to Kenya’s medal haul and its 15th place overall on the rankings table.</p>
<p>But this success hides inefficiencies and errors – both of omission and commission – by the administrators who run Kenya’s track and field programmes. </p>
<p>These include:</p>
<ul>
<li><p>a poor leadership structure that sees the same people retain a grip on their positions. This cuts out new and fresh ideas to propel the sport forward;</p></li>
<li><p>a growing prevalence of accusations of corruption in selecting athletes for international assignments; </p></li>
<li><p>a lack of proactive action on <a href="http://www.bbc.com/sport/athletics/35551486">doping control</a> and education. This has seen many athletes failing drug tests or failing to appear for testing; </p></li>
<li><p>the absence of a proper monetary compensation structure for athletes who represent the country in international competitions; </p></li>
<li><p>instability at the secretariat, which is the nerve centre for any successful organisation; and,</p></li>
<li><p>poor management of sponsorship contracts and the <a href="http://www.nytimes.com/2016/03/06/world/africa/nike-under-scrutiny-as-payments-for-kenya-runners-are-drained.html?_r=0">resources</a> meant for developing the sport. There’s also a lack of support for the other organisations that identify, nurture and provide the young talent such as schools, colleges and universities. </p></li>
</ul>
<p><strong>Is Kenya in danger of losing its reputation for talent and hard work?</strong></p>
<p>It is not easy for Kenya to completely lose its reputation as the source of athletic talent. Given the rewards that the emerging athletes earn from their effort, the pipeline of talent will continue. The biggest threat to Kenya’s reputation is the desire to use drugs in an atmosphere of fierce internal competitiveness. The federation has to be extremely diligent in handling doping tests. This must go hand in hand with education.</p>
<p>The consequences of not doing so are severe: Kenya could, in future, find itself suspended from international competitions. This would not be without precedent given Russia’s ongoing <a href="http://www.reuters.com/article/us-olympics-rio-russia-klishina-idUSKCN10O0QV">tribulations</a>. </p>
<p><strong>What should be done to prevent further damage to Kenya’s image?</strong></p>
<p>The good performance at the Rio Olympics has made up for the negative publicity over doping control procedures and the absence of the required law. All efforts should be geared to avoid crossing swords with the world anti-doping agency.</p>
<p><strong>Is poor management partly to blame for the exodus of athletes from Kenya to other countries?</strong></p>
<p>Certainly, and the greatest obstacle is poor administration. Poor and potentially embarrassing administrative lapses were evident before and during the Rio Olympics:</p>
<ul>
<li><p>two track and field officials were expelled from the Games over claims of <a href="http://news.sky.com/story/second-kenyan-official-expelled-from-olympics-over-drug-scandal-10532420">doping</a>; </p></li>
<li><p>an administrative <a href="https://tuko.co.ke/154467-drama-jkia-julius-yegos-ticket-rio-olympics-goes-missing.html">lapse</a> saw the world javelin champion without an air ticket to the Games – where he eventually won a silver medal; </p></li>
<li><p>a sprinter with dual citizenship was <a href="http://www.standardmedia.co.ke/mobile/article/2000212654/how-noc-k-bungled-entry-bids-for-sprint-star-and-high-jumper">almost disqualified</a> for initially being accredited using a US passport rather than a Kenyan one, and; </p></li>
<li><p>part of the official <a href="http://www.nation.co.ke/news/The-scandal-of-Kenya-s-Rio-Olympics/1056-3343980-kvao27z/">kit went missing</a> and athletes had to do with the bare minimum. </p></li>
</ul>
<p>All these lapses and the shenanigans that occur during team selection for international competitions are quite <a href="https://www.theguardian.com/sport/2015/nov/23/athletes-storm-athletics-kenya-protest">frustrating</a>, especially for up and coming athletes. </p>
<p>The principal avenue for a young athlete to make a breakthrough is by winning selection to the national team or getting a ticket to an international meeting. When these opportunities are <a href="http://www.nation.co.ke/sports/athletics/Why-athletes-are-switching-allegiance/1100-3348520-15bp7myz/">uncertain</a>, some athletes have turned to looking for <a href="http://www.standardmedia.co.ke/sports/article/2000212161/over-30-athletics-exports-return-to-haunt-kenya-in-rio-olympics">alternative nations</a> desperate for the global recognition sports champions bring.</p>
<p>The other push factor for Kenyan athletes is the sheer number of talented runners jostling for limited opportunities at home. Rules restrict the number of entrants to compete for a nation at most international events, normally to a maximum of three. Such restrictions offer only the best a guarantee of making it into the team. </p>
<p>These factors have contributed to some athletes choosing to run for other countries. </p>
<p><strong>What are some of the other factors attracting Kenyan athletes away from the country?</strong></p>
<p>I discuss these other factors in detail in <a href="http://www.tandfonline.com/doi/abs/10.1080/14927713.2012.729787">my research</a>. Certainly, the countries they move to offer better <a href="http://www.nation.co.ke/sports/athletics/Why-athletes-are-switching-allegiance/1100-3348520-15bp7myz/">monetary compensation</a>. These include Bahrain, Qatar, the US, France and the Netherlands. For athletes, whose work-life span is very short, generous compensations outweigh any risks of moving abroad.</p>
<p>Also the right to dual citizenship allows an athlete to run for another country and still have access to all the privileges of being a Kenyan citizen. Most runners who end up in the Middle East do it for <a href="http://deadspin.com/if-youre-a-small-rich-country-you-can-buy-an-olympic-1785302021">short-term monetary benefit</a>.</p>
<p>But those who seek opportunities in Western countries such as the US, France, and the Netherlands do it for <a href="http://www.usatf.org/athlete-bios/bernard-lagat.aspx">longer term goals</a> such as uplifting their families. </p>
<p>Other benefits, attractive especially for young athletes, include the ease with which they are selected to run in global competitions. This translates to guaranteed monetary rewards. Many get more freedom to choose where to train and live. They therefore end up running for a foreign country but continue to live, train and invest in Kenya.</p><img src="https://counter.theconversation.com/content/64347/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Wycliffe W. Njororai Simiyu does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Kenya’s international success in track and field hides management inefficiencies and corruption that have frustrated athletes and fed a pipeline of runners willing to ditch the national flagWycliffe W. Njororai Simiyu, Professor, Health and Kinesiology, University of Texas at TylerLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/594812016-05-19T15:19:20Z2016-05-19T15:19:20ZAnti-doping crackdown is unleashing an unnecessary glut of scandals<figure><img src="https://images.theconversation.com/files/123032/original/image-20160518-13484-zji08b.jpg?ixlib=rb-1.1.0&rect=4%2C49%2C1016%2C582&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">On their knees. Scrutiny and stigma for athletes has ramped up.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/tabor-roeder/5746255229/in/photolist-9KM4u2-8vtJRX-mVTyN-eKSiYB-cmx7a7-831uxp-gpHCsf-86ti67-nPvzBA-EafdSj-pkPHe5-834yE7-fMRSA2-c4tChu-nuSMQe-8zGJdn-cN81yb-dHMZYj-nsEQEe-rh2Sur-btWFf5-8vw4mN-mnRNwi-nVVy8a-ft5rpD-eonsYx-iwvQWj-auYGX2-6NutL7-9pecT3-qUnkWT-8vt3Rn-nVCnEB-nxeRe7-9Sxiwt-eGCDjC-nQNRE3-s6gRrY-nPWZz-jYhhqB-82TVSs-fs7Qnf-4GDzou-ncjBu4-q6ngG7-p4kztr-pYLJvX-dVmbJX-k2Ud1V-rq5id5">Phil Roeder/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>Anti-doping is in crisis. Russia has <a href="https://www.theguardian.com/sport/russia-doping-scandal">created a real dilemma</a> as the World Anti Doping Authority (WADA) and the International Olympic Committee agonise over the extent and nature of sanctions after doping revelations. Kenya is struggling to meet the requirements that will allow it <a href="https://www.theguardian.com/sport/2016/may/13/kenya-escapes-rio-olympics-ban-doping-iaaf">to take part at the Olympics</a>. A <a href="http://www.bbc.co.uk/sport/36034369">fiasco over recently banned substance meldonium</a> rumbles on, and the Chinese anti-doping laboratory <a href="http://www.reuters.com/article/us-sport-doping-china-idUSKCN0XJ0CR">has had its accreditation withdrawn</a>. </p>
<p>It seems that the tougher WADA try to be, the more scandals emerge, the less trust the public have in athletes, scientists, doctors and sports leaders. The stories of complicity and corruption at the highest level are enough to make the most enthusiastic flag waver feel cynical and despondent.</p>
<p>The root of this crisis is in the 1960s: the time when anti-doping was given shape through new testing procedures and the <a href="http://www.sciencedirect.com/science/article/pii/S2211266912000072">first list of banned substances</a> was made. The International Olympic Committee (IOC) was the leader, based on its amateur sports principles and strong moral sense of sport’s purpose. There was also a latent sense that athletes should be “natural” and “pure”, competing without the interference of money or the seriousness of political ambitions. </p>
<p>But what made sense then is no longer viable: practically or idealistically. The pioneers of anti-doping focused on what athletes took in immediate preparation for a race; stimulants that would give short bursts of energy and concentration. By drug testing the top finishers, they could determine if someone had cheated their way to a medal. Anti-doping had an achievable ambition, focusing on the cheating aspects of short-term drug abuse. Idealists proclaimed the end of doping.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=236&fit=crop&dpr=1 600w, https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=236&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=236&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=297&fit=crop&dpr=1 754w, https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=297&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/123035/original/image-20160518-13484-1gmdbpd.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=297&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Running can be its own stimulant.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/vesparado/8733654151/in/photolist-eiLg6Z-pLX3Xp-pFhkmC-qVXsQo-cBPiQf-feLwUg-kBfcyq-mWXp7G-d15SBy-c7hSAy-d15UkL-f8SbrB-re6MTK-mWW2Qg-c9ZryU-eiLg6x-eiLg5B-noS1Do-eDpN2-fiebgT-n4vpvr-mWV4Pt-bZdUGh-gEP2sG-i2SmMA-d15P7s-fNgMct-eJLvKQ-cJ34Xo-n4vwTK-f97sg9-kaEAGN-bx31Vc-n4p4De-n4wYB5-n69vYt-n4vn9T-rTqhBk-n69urF-fbhzFm-LJVH-D1agPS-oGkh9Q-gEQbNH-f4Gm1R-feLxaz-fYD82Y-c9ZsGo-cBPm2E-eNB58g">Scooter Lowrimore/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<h2>Genie out of the bottle</h2>
<p>By the 1970s, however, the widespread use of <a href="http://library.la84.org/SportsLibrary/ISS/ISS2401/ISS2401e.pdf">steroids during training periods</a> created two irresolvable problems. First, the only way to know if an athlete used steroids was to test them regularly in their home, training centre or workplace. This is expensive, impractical, easy to beat, and impinges on personal freedoms and privacy. The IOC did not have the finances to support this, so steroid use was uncontrollable. </p>
<p>Second, it is not possible to determine the exact cause and effect of using steroids as the direct impact on performance is part of a combination of other sports preparation and psychological strategies. </p>
<p>Over time the list has grown to overly complex proportions. There are now ten categories of banned substance or methods. Some are allowed out of competition but not in competition. Some are allowed up to a threshold level. The time a drug stays in the body varies. Some names of drugs vary depending on the manufacturer. Some have very complex names. </p>
<p><a href="http://list.wada-ama.org/prohibited-in-competition/prohibited-substances/">The list has further expanded</a> in response to athletes using masking agents (such as diuretics that disguise the presence of steroids in urine), inventing illnesses to use medical products, suppliers innovating with drugs that could not be tested for, and restrictions on recreational drugs. This approach to anti-doping policy has led to innocent athletes being banned and stigmatised: not because they cheated, but because they inadvertently broke the rules.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=565&fit=crop&dpr=1 754w, https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=565&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/123038/original/image-20160518-13484-xf1fmc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=565&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">In the shadows: athletes can be left to fend for themselves.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/martin_thomas/4438068725/in/photolist-7Lbgdi-7Lffms-nF5coU-pWgLva-eYU7vt-dexYuo-9rAS2b-qsVLeZ-cjUfh9-7Xq5yG-8R9TB3-a1MR8k-nyq18U-c8FoV9-ouuo2D-hyTkm6-7e3wqG-r31cKU-gRW6Fo-5m8hG5-6m9Hu5-29M4Rp-od2pBm-b7SbL6-ax7QCy-nKAhQJ-6zorLf-8SJd2P-BSXJRA-o8x85L-2tNxP-bkzXbw-5rTwCg-6VCDmt-kMwV-fNtevZ-crejN3-8Eav4k-85g6hP-8Ld8Qu-4rQKQS-4JnxH1-3ZQac-dqv9Ww-ejbrcf-5EgXKA-cYSDPS-9dUX9T-f5Ax8U-5R7Jts">Martin Thomas/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>The history of sport is littered with examples of innocent athletes caught up in the net of anti-doping. Those who get caught face alienation from their social networks and their only occupation, causing some to be so depressed as <a href="http://www.cyclingnews.com/news/breyne-attempts-suicide-after-positive-doping-test/">to attempt suicide</a>. There is a distinct lack of sympathy for drug cheats, disproportionate to other forms of cheating. </p>
<h2>Different era, same rules</h2>
<p>When WADA was created in 1999, the ideals, principles, practices, objectives and Utopian vision of drug-free sport – as laid out in the much simpler 1960s – should have been carefully dissected and reinvented for modern sport. Instead the IOC model was simply recycled and empowered in a global organisation. But we now live in a world of technology, commerce, and performance innovation; where drugs could be safely used for recovery and performance, if only the rules were relaxed. Of course, people <a href="http://blog.practicalethics.ox.ac.uk/2013/10/should-athletes-be-allowed-to-use-performance-enhancing-drugs/">react to such proposals with dismay</a>, arguing that open drug use would mean young people being forced to take unsafe drugs just to take part in sport. </p>
<p>I agree, that is an unwanted outcome. However, given the ongoing crisis caused by the intensity of current anti-doping policies, a rational response might be to stop, take stock, assess the positives and negatives, engage athletes and fans, and come up with some fresh ideas that (if nothing else) are achievable, don’t harm innocent athletes, and treat “sanctioned” athletes with humanity, dignity and a constructive route of rehabilitation.</p>
<p>A <a href="https://theconversation.com/athletics-doping-report-should-spark-radical-rethink-on-drugs-in-sport-50376">number of reform models</a> have been proposed by academics, yet we need a way to innovate. WADA has <a href="https://www.wada-ama.org/en/resources/world-anti-doping-program/independent-commission-report-1">set up independent commissions</a> to review specific issues, such as <a href="https://www.theguardian.com/sport/2016/may/10/whistleblower-vitaly-stepanov-wada-russian-doping-athletics">the revelations by Russian whistleblowers</a>. Perhaps what is needed is a different type of independent commission, external to WADA that reviews existing strengths and weaknesses, rewrites the 60s vision of drug-free sport for the 21st century, and makes realistic proposals that protect the basic humanitarian values of sport.</p>
<p>At the heart of such proposals could be health protection, encouraging the athlete’s voice, evidence use in policy making, transparency of the scientific decisions, protection of whistleblowers, a reduced cost appeals process, and some action to engage sports audiences in a mature way that explains what it is like to be a high performance athlete. If we can agree some core shared values, then power could be devolved to allow local organisations to deal with the unique circumstances they face. This could target resources at the “problem” areas. But until we have a new platform for open debate and fresh ideas, the current crisis is unlikely to disappear soon.</p><img src="https://counter.theconversation.com/content/59481/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Paul Dimeo has received funding from the World Anti-Doping Agency, Wellcome Trust, British Academy and Fulbright Commission. This article is not associated with any of these projects.</span></em></p>The history of the fight against drug taking in sport shows us why we’re in such a mess right now.Paul Dimeo, Senior Lecturer in Sport, University of StirlingLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/532122016-01-18T19:26:58Z2016-01-18T19:26:58ZAfter the Essendon saga, any reform to anti-doping regimes must give athletes a greater say<figure><img src="https://images.theconversation.com/files/108376/original/image-20160118-20933-1ri5vib.jpg?ixlib=rb-1.1.0&rect=0%2C79%2C4096%2C2336&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Athletes are marginalised in anti-doping processes led by the World Anti-Doping Agency.</span> <span class="attribution"><span class="source">EPA/Hendrik Schmidt</span></span></figcaption></figure><p>WADA, the World Anti-Doping Agency, has moved on from its <a href="https://theconversation.com/the-pomp-in-circumstance-cas-rules-against-essendon-players-53043">relatively minor clash</a> with AFL club Essendon to tackle allegations of drug use and cover-ups in <a href="https://theconversation.com/new-athletics-doping-report-piles-more-pressure-on-iaaf-but-there-mustnt-be-an-over-reaction-52991">international athletics</a>. </p>
<p>Meanwhile, Australia is left to pick up the pieces of the Essendon saga, which has left 34 athletes suspended from sport for the 2016 football season. Greens leader Richard di Natale last week asked some <a href="http://www.theaustralian.com.au/sport/afl/essendon-doping-richard-di-natale-urges-break-from-wada-code/news-story/8070d0aac59c64347a6debfa8856a23e?login=1">pretty difficult questions</a> – the most tricky of which is the future of anti-doping in Australian sport. Calling on the federal government to inquire into the Essendon case, di Natale said:</p>
<blockquote>
<p>The system is broken when the blame is laid with players and other individuals and organisations aren’t faced with the same sort of penalties.</p>
</blockquote>
<p>Any reform must acknowledge the historical roots of the anti-doping movement and give greater voice to those most affected by anti-doping processes – individual athletes.</p>
<h2>Founding of anti-doping</h2>
<p>A <a href="http://www.jstor.org/stable/10.5406/jsporthistory.38.2.237">potted history</a> of the ideological basis to the anti-doping system is that it stemmed from pre-second world war anxieties about “doped professionals” demeaning “clean amateurs”. </p>
<p>After the war, 1960s anxieties around the Cold War and the war on drugs were added to the mix. The East took on a <a href="http://www.pbs.org/wnet/secrets/the-state-sponsored-doping-program/52/">systematic approach</a> to doping, while the West acknowledged it had to compete in a doping arms race or do something else.</p>
<p>A series of drug crises drove the “something else”. The anti-doping movement manufactured some of these crises. It seemed quite comfortable with the idea of manipulating evidence to suit its ends. For example, the <a href="https://news.google.com/newspapers?id=iBZVAAAAIBAJ&sjid=YJMDAAAAIBAJ&pg=736%2C173634">claim</a> that famed British cyclist Tommy Simpson died from an overdose of amphetamines fails to acknowledge the role heatstroke, overexertion and dehydration due to diarrhoea and alcohol misuse played.</p>
<p>The crises mounted through the 1980s and 1990s as a result of a general lack of interest in managing drugs. Anti-doping was understood to be a charade necessary to protect the growing commercial interests of sport. </p>
<p>The doping scandals at the <a href="http://news.bbc.co.uk/2/hi/special_report/1998/07/98/tour_de_france/144326.stm">Tour de France</a> and <a href="http://news.bbc.co.uk/2/hi/sport/47684.stm">World Swimming Championships</a> in 1998 were the last straw for some governments around the world. They forced sport to move beyond charade and actually implement independent anti-doping policies.</p>
<p>Given the endemic corruption in sport, governments required the International Olympic Committee (IOC) to share administration of anti-doping procedures. They therefore took a <a href="https://www.wada-ama.org/en/governance">50% stake</a> in WADA.</p>
<h2>Alternative drug control</h2>
<p>Through the 1960s and 1970s, collective bargaining in US professional men’s sport addressed the issue of drugs. Those sports appeared to be more concerned with athlete drug misuse and abuse. Team owners had an interest in making sure their employee-athletes were available for lucrative events.</p>
<p>Collective bargaining meant that athlete associations were interested in protecting members from summary termination of employment, especially when the drug consumption may be related to sport. As a result, the three major sporting leagues in the US – Major League Baseball (MLB), the National Football League (NFL) and National Basketball Association (NBA) – all developed policies that saw treatment as the first step where drugs agreed to damage the sport’s integrity were detected.</p>
<p>This suggests that when athletes have a voice in drug control, drug control tends to focus on what is referred to as <a href="http://www.ihra.net/what-is-harm-reduction">“harm reduction”</a> – that is, the focus is on ensuring that athletes are OK.</p>
<p>While this approach sounds like a good idea, the devil is in the detail. There have been problems with harm-reduction approaches to drug control in these sports. The power imbalances between owners and players meant that drug-based exploitation still happened. The NFL seems to have had the <a href="http://deadspin.com/its-remarkably-easy-to-beat-nfl-drug-testing-1695935246">most problems</a> in this regard. </p>
<p>That said, the AFL in Australia has taken a harm-reduction approach with its <a href="https://theconversation.com/a-brave-new-world-the-afls-updated-illicit-drug-policy-49991">illicit drug policy</a>. Despite the bad press, medical evidence suggests it is actually one of the better approaches to drug control in sport.</p>
<p>Professional sport in the US has been forced to adopt stricter anti-doping procedures. In particular, the extraordinary political pressure arising from the <a href="http://files.mlb.com/mitchrpt.pdf">Mitchell Report</a> into doping in baseball meant the MLB was forced to change its anti-doping policies. However, it is still <a href="http://www.reuters.com/article/us-nfl-drugs-idUSKBN0UB1I520151229">not a signatory</a> to the WADA Code.</p>
<p>The AFL was <a href="http://www.abc.net.au/pm/content/2005/s1417859.htm">initially resistant</a> to the introduction of the WADA Code in 2005. The Australian government forced the AFL to sign up to the code with the threat of cutting it off from public funding. One wonders whether MLB and AFL are any better off for the change.</p>
<h2>How did the alternative emerge?</h2>
<p>The one key difference that has led to such different policies emerging in US sports is the involvement of athletes. While athlete associations were and remain relatively weak in sport, that they are present at all means athletes have a greater voice than they would if the major American leagues were signatories to the WADA Code.</p>
<p>By comparison, athletes are marginalised in WADA-led anti-doping processes.</p>
<p>WADA’s governance arrangements exclude athletes and athlete associations or unions from having a role in anti-doping decision-making. WADA’s <a href="https://www.wada-ama.org/en/executive-committee">executive committee</a> and <a href="https://www.wada-ama.org/en/foundation-board">foundation board</a> are comprised of IOC members and government ministers – including Australia’s sports minister, Sussan Ley. </p>
<p>Athletes are given the opportunity to advise these boards through the <a href="https://www.wada-ama.org/en/athlete-committee">athlete committee</a>. However, the athletes invited onto the committee are handpicked for their support of anti-doping, ensuring that no views critical of anti-doping can be voiced. The reasons for the exclusion of athletes from anti-doping governance lie in paternalistic assumptions that pervade how sport is run.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=771&fit=crop&dpr=1 600w, https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=771&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=771&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=969&fit=crop&dpr=1 754w, https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=969&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/108378/original/image-20160118-20970-mbefm2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=969&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Non-Olympic sport such as Australian rules is denied access to the WADA boards.</span>
<span class="attribution"><span class="source">AAP/Joe Castro</span></span>
</figcaption>
</figure>
<p>In reference to the Essendon case, it is worth noting that non-Olympic sport (such as Australian rules or rugby league) is denied access to the WADA boards.</p>
<p>The anti-doping movement might say that athletes and non-Olympic sport are given a voice through their minister. However, that is one voice and one vote among many. They can be easily steamrolled. </p>
<p>The anti-doping movement might also argue that its extensive consultations on WADA Code revisions are an opportunity for athletes to have a voice. But it is difficult to have confidence that the interests of athletes or non-Olympic sport might be heard given the anti-doping movement’s willingness to use evidence “tactically”.</p>
<h2>Giving a voice to athletes and non-Olympic sport</h2>
<p>The question for di Natale and Ley is whether they will have the courage to demand that WADA change to give voice to athletes and non-Olympic sport.</p>
<p>Changing the WADA board to have equal representation of Olympic sport, non-Olympic sport, governments and athletes might be a good start. </p>
<p>Alternatively, if WADA is unable to change, perhaps Australia – having learned some hard lessons with the Essendon case – should use those lessons to develop a better approach to drug control for sport.</p><img src="https://counter.theconversation.com/content/53212/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jason Mazanov has received funding from the Australian Anti-Doping Research Prorgramme and WADA Social Science Research Programme. He also became a member of the Essendon Football Club in 2014 for research purposes. Dr Mazanov takes the view that there must be some form of drug control for sport, and that such drug control needs to evolve from the lessons learned from the failures of the anti-doping policy. </span></em></p>Having learned some hard lessons with the Essendon case, Australia should lead the way in developing a better approach to drug control and anti-doping in sport.Jason Mazanov, Senior Lecturer, School of Business, UNSW-Canberra, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/415012015-05-13T20:10:47Z2015-05-13T20:10:47ZJudge suspects but must acquit man on child pornography charges<figure><img src="https://images.theconversation.com/files/81343/original/image-20150512-19528-13u80nn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The standard of proof that applies in different types of judicial proceedings may result in quite different verdicts. </span> <span class="attribution"><a class="source" href="http://www.shutterstock.com/pic-164106293/stock-photo-close-up-of-male-judge-in-front-of-mallet-holding-documents.html?src=zK3PINJPSNQHGWBF3WNIxw-1-2">Shutterstock/Andrey Popov</a></span></figcaption></figure><p>At the end of a “judge-alone” criminal trial, South Australian District Court Judge Michael Boylan, having weighed up all the evidence, found a man charged with child pornography offences not guilty last week because he was not satisfied beyond reasonable doubt of the man’s guilt. What made this case noteworthy was that the judge, unlike a jury, was able to <a href="http://www.pressreader.com/australia/the-advertiser/20150507/281736973015860/TextView">muse publicly</a> that he felt “deeply suspicious” that the accused was guilty but went on to explain that he was not persuaded to the legal standard to that view. The judge had formed a doubt about guilt, and it was a reasonable one, and thus the accused was exonerated. </p>
<p>Despite finding the accused to be a “most unsatisfactory witness”, the judge concluded that “that is no basis for conviction” under the criminal standard of proof. Any student of law will know that this is to be contrasted with the standard required for civil trials, namely that the trier of fact in civil cases need only be satisfied “on the balance of probabilities” (sometimes referred to as “the preponderance of the evidence”) that a claim has been made out. </p>
<h2>Standard of proof can make all the difference</h2>
<p>The difference does, from time to time, lead to outcomes that are difficult to reconcile. There are many examples, but here is one from South Australia.</p>
<p>In 1982, a man by the name of Utans was charged with murdering his wife by knocking her unconscious and setting fire to their house. He claimed he was miles away at the time. The forensic evidence regarding the alleged accelerant was called into serious question under cross-examination.</p>
<p>In the end, the accused was found not guilty. The jury was not satisfied beyond reasonable doubt that the prosecution had made out its case.</p>
<p>Some time later, Utans claimed against his insurer for fire damage. He failed. A court exercising civil jurisdiction <a href="http://websearch.aic.gov.au/firstaicPublic/fullRecord.jsp?recno=252060">found that it was more likely than not</a> that he had started the fire himself.</p>
<p>The same anomalies appear elsewhere in the legal system. The standard of proof that applies to coroners’ findings, for example, is the civil standard of proof, which falls a long way short of the standard that the Director of Public Prosecutions (DPP) demands.</p>
<p>For example, the SA Coroner in 1999 found that one <a href="http://www.adelaidenow.com.au/news/south-australia/nca-bombing-victim-geoffrey-bowens-widow-jane-bowen-sutton-demands-justice/story-e6frea83-1226667837508">Dominic Perre</a>, five years earlier, had sent a parcel bomb that had killed a National Crime Authority agent. The DPP refused to continue a murder prosecution against Perre on the grounds that there was no reasonable prospect of conviction.</p>
<h2>Sport tribunals fall somewhere in between</h2>
<p>Into the mix we can place the decisions of sports tribunals. The standard in these tribunals is something less than the criminal standard but more than the civil standard. It is commonly based upon the seriousness of the consequences flowing from a tribunal’s determination. </p>
<p>An example is the case of Mark French, an Australian sprint cyclist outside whose boarding room at the Australian Institute of Sport cleaners had found an illegal doping agent and syringes. He was banned from cycling for two years.</p>
<p>Subsequently, in July 2005, Court of Arbitration for Sport (CAS) <a href="http://www.abc.net.au/pm/content/2005/s1412800.htm">cleared French</a>. The CAS panel made their finding in favour of the cyclist because the allegations were serious and thus had to “be proven to a higher level of satisfaction than the balance of probabilities”. (the wording is from Article 3.1 of the <a href="https://wada-main-prod.s3.amazonaws.com/resources/files/wada-2015-world-anti-doping-code.pdf">World Anti-Doping Code</a>). </p>
<p>This helps explain why, on March 31 this year, the AFL anti-doping tribunal <a href="https://theconversation.com/asada-vs-essendon-through-the-haze-and-fog-now-what-39586">announced its decision</a> that all 34 past and present Essendon players were not guilty of using a banned supplement. The tribunal declared that it was not “comfortably satisfied” that any player had violated clause 11.2 of the AFL Anti-Doping Code. It was, however, comfortably <a href="http://www.abc.net.au/news/2015-04-17/stephen-dank-afl-tribunal-supplements-essendon/6399876">satisfied of the guilt of Stephen Dank</a> when it determined, two weeks later, that he had trafficked or attempted to traffic banned substances on ten occasions, contrary to Article 2.7 of the World Anti-Doping Code.</p>
<p>The World Anti-Doping Agency has <a href="http://www.theage.com.au/afl/afl-news/wada-to-appeal-essendon-supplements-verdict-20150512-ggzcug.html">decided to appeal</a> the AFL tribunal’s decision on the Essendon players to the Court of Arbitration for Sport. New evidence can be tendered in a CAS hearing, where the standard of proof is, again, “comfortable satisfaction”.</p>
<p>The idea of a “half-way house” standard of proof is not unknown to Australian jurisprudence. It was discussed, most famously, in <a href="http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1938/34.html?stem=0&synonyms=0&query=briginshaw">a 1938 case</a> involving the requisite standard in a case where adultery had been alleged. In matters such as these, said the High Court, the allegation must be made out <a href="http://www.austlii.edu.au/au/journals/UNDAULawRw/2012/2.pdf">to the “reasonable satisfaction”</a> of the trier of fact. </p>
<h2>So what does this all mean?</h2>
<p>One can safely conclude that standard of proof varies to a significant degree depending on the jurisdiction of the trier of fact and the seriousness of the consequences of a finding one way or the other. </p>
<p>Could there be any further variations? It has been argued that for those charged with child sexual offences, given the very low rate of convictions, the courts should adopt a different approach again. In 1994, a working party convened by the National Association for Prevention of Child Abuse and Neglect (<a href="http://napcan.org.au/our-programs/">NAPCAN</a>) recommended that for such offenders we need an inquisitorial panel. Typically these courts, common in European justice systems, operate without a formal standard of proof.</p>
<p>If that were to happen legislatively, Judge Boylan, with his deep suspicion of the child pornographer’s culpability, would probably have come to a different conclusion. But there is no suggestion that that is going to happen soon. Attorneys-general Australia-wide have ignored NAPCAN’s call.</p>
<p>So, the criminal standard remains untroubled by any such speculation. A judge, magistrate or juror must be more than deeply suspicious, and more than comfortably or reasonably satisfied of a person’s guilt. Persons are not to be convicted unless their guilt is proven beyond reasonable doubt.</p><img src="https://counter.theconversation.com/content/41501/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Rick Sarre does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>After saying he was ‘deeply suspicious’, a judge cleared a man of child pornography offences. We need to understand the standard of proof to make sense of verdicts, including AFL rulings on doping.Rick Sarre, Professor of Law, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/381272015-03-04T14:39:02Z2015-03-04T14:39:02ZThink the war on doping is a force for good? Its ideals have been compromised all along<figure><img src="https://images.theconversation.com/files/73248/original/image-20150226-1807-36vlom.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Armstrong on Oprah in 2013</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/lwpkommunikacio/8392000414/in/photolist-dMzcmj-61bR3s-5zk6Dj-4veeRH-5rh1f4-7wwrbr-pQBFW-brccL-8oRYD6-brcgE-7xWLUr-5zk6oh-cXMZZE-5x3UeY-6Dj1Mb-bzWa1q-azMcC7-5pdqWq-9Wjsh7-rKXfN-92FN1M-6kAnSv-47nNAN-8g6mbY-3pSiN-5ZUmWE-dKUgcx-8oRYUP-56FMUQ-qQDsD-9vovF8-8RchUt-8Rfq4s-9bfTKQ-7wo6aQ-77fMYz-6XhxbL-6HqxFU-7z9ake-8oV9G9-TBkf-61cHLj-5xryhT-6Dj1T3-9ekm39-cYSXC3-8yCA5S-9ekm31-8Rkbcm-61pcCi">Lwp Kommunikáció</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>No doubt Lance Armstrong is still digesting <a href="http://espn.go.com/sports/endurance/story/_/id/12333300/lance-armstrong-loses-10-million-arbitration-ruling-fraud-dispute-promotions-company">the news that</a> he has to repay $10m (£6.4m) to previous sponsors following a ruling by an arbitration panel a few weeks ago. This is on top of the <a href="http://www.usada.org/lance-armstrong-receives-lifetime-ban-and-disqualification-of-competitive-results-for-doping-violations-stemming-from-his-involvement-in-the-united-states-postal-service-pro-cycling-team-doping-conspi/">lifetime ban</a> from all sporting competitions that he was given several years back. Many probably think he got the punishment he deserved, but was it done fairly? </p>
<h2>Good guys versus bad guys</h2>
<p>Leading sports organisations such as the <a href="https://books.google.co.uk/books?id=WoyiAgAAQBAJ&pg=PA250&lpg=PA250&dq=International+Olympics+Committee+ethics&source=bl&ots=7qF0kiD_UJ&sig=1TAFXMOD2h_A00R5I7Wc3QB3eSE&hl=en&sa=X&ei=wBTvVNvvNoGwUIXAgZgC&ved=0CEQQ6AEwBg#v=onepage&q=International%20Olympics%20Committee%20ethics&f=false">International Olympic Committee</a> and <a href="http://www.theguardian.com/football/2014/dec/17/michael-garcia-resigns-fifa-ethics-committee">FIFA</a> have been under pressure to resolve internal ethical issues in recent years. On the other hand the <a href="https://www.wada-ama.org">World Anti-Doping Agency</a> (WADA) remains highly regarded for its determination to stop athletes cheating, <a href="https://www.wada-ama.org/en/who-we-are">standing for</a> fairness and protecting a level playing field. </p>
<p>Like a pulp crime novel, anti-doping action is seen as the good guys against the bad guys. The rationale is taken for granted and rarely disputed. But the reality is less clear. In fact, it could be argued that anti-doping sometimes does the opposite of what it is supposed to achieve.</p>
<h2>Different packages</h2>
<p>Take Levi Leipheimer, a co-member of Armstrong’s US Postal Service cycling team for a couple of years in the early 2000s – he <a href="http://www.wsj.com/articles/SB10000872396390444799904578048672603746526">doped to</a> much the same extent. <a href="http://www.cyclingnews.com/news/leipheimer-accepts-usada-sanction-following-doping-admission">Between 1996 and 2007</a>, while riding for a total of five different teams, Leipheimer took EPO and testosterone and received blood transfusions, all of which were in breach of the doping rules. </p>
<p>Leipheimer was <a href="http://www.usatoday.com/story/sports/cycling/2013/05/20/levi-leipheimer-announces-retirement-from-cycling/2344061/">only banned</a> for six months, and out of season so he did not miss any of the main races. He was stripped of all race results from June 1999 to July 2007, but was not required to pay back a cent of either his prize money or sponsorship income.</p>
<p><a href="http://www.usatoday.com/story/sports/cycling/2013/05/20/levi-leipheimer-announces-retirement-from-cycling/2344061/">Similarly</a> George Hincapie, Christian Vande Velde, Tom Danielson, Michael Barry and David Zabriskie received six-month bans for doping at US Postal. The key difference between their cases and Armstrong’s is that they confessed and accepted the offer to collaborate with the anti-doping authorities. They provided information that led eventually to Armstrong’s demise. But how does this stand up to the principle that similar forms of behaviour should be treated consistently?</p>
<h2>Death in Rome</h2>
<p>Knud Enemark Jensen, a young amateur Danish cyclist, <a href="http://www.sports-reference.com/olympics/athletes/je/knud-enemark-jensen-1.html">died during</a> a race in the 1960 Rome Olympics. The temperature had been around 50ºC, and the autopsy showed the cause of death as heatstroke. </p>
<p><a href="http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3787291/">Fears had already been mounting</a> in international sporting circles that there was a problem with doping. Together with anecdotal rumours about steroid use and claims by the influential Austrian sports medic Ludwig Prokop about syringes in changing rooms at sporting events, concerns about Jensen gave the IOC a reason to launch an investigation. This led to the formal introduction of dope testing at the Mexico City Olympics in 1968. </p>
<p>As for Jensen, it became the received wisdom that amphetamine use had contributed to his death. The suspicions may have been linked to the fact that Jensen’s trainer admitted after the race that he had given his team a drug called roniacol, which improves blood circulation, but at no point has this drug <a href="http://www.livestrong.com/article/311616-sildenafil-and-bodybuilding/">or more modern versions</a> ever been banned. </p>
<p>The amphetamine story was given a big helping hand by Prokop when he <a href="https://books.google.co.uk/books?id=_SbcAAAAQBAJ&pg=PT98&lpg=PT98&dq=Ludwig+Prokop+Jensen+amphetamines&source=bl&ots=0drsr4X3gz&sig=6_BlKw7bQnOcTJqnwsYIVW1HmOc&hl=en&sa=X&ei=Tx3vVPHIE4v1Us6hg5AN&ved=0CCgQ6AEwAQ#v=onepage&q=Ludwig%20Prokop%20Jensen%20amphetamines&f=false">made the claim</a> in public in 1972. It was quickly circulated and reproduced by journalists, academics and policy organisations and became a prime early example of why anti-doping was necessary. </p>
<p>Yet <a href="http://www.tandfonline.com/doi/abs/10.1080/17460260500396319">Prokop admitted</a> in 2001 that he did not see the autopsy or have any evidence except for hearsay. Quizzed about this he offered a justification. It “initiated the fight against doping,” he said at the time. </p>
<p>It seems tragic that a campaign for ethics in sport had to be founded on a lie. A further tragedy is that individual athletes and their reputations were viewed as expendable in the cause of the larger war on drugs, despite the lack of evidence against them. And neither did Prokop’s admission kill the theory. It <a href="https://www.wada-ama.org/en/who-we-are/a-brief-history-of-anti-doping">remains on</a> WADA’s website today. </p>
<h2>The case of Johannes Draaijer</h2>
<p>In January 1990 the Dutch cyclist Johannes Draaijer died in his sleep from a heart attack. It happened a few months after another Dutch cyclist <a href="http://www.independent.ie/sport/other-sports/cycling/paul-kimmage-she-knows-this-is-what-death-sounds-like-30531503.html">had died</a>, while around 20 French and Belgian cyclists <a href="http://www.tandfonline.com/doi/full/10.1080/19406940.2013.773359#abstract">all died</a> in the late 1980s and early 1990s. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=839&fit=crop&dpr=1 600w, https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=839&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=839&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1055&fit=crop&dpr=1 754w, https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1055&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/73249/original/image-20150226-1828-1ooovd6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1055&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Johannes Draaijer.</span>
<span class="attribution"><a class="source" href="http://commons.wikimedia.org/wiki/File:Bundesarchiv_Bild_183-1987-0513-036,_Johannes_Draaijer.jpg#mediaviewer/File:Bundesarchiv_Bild_183-1987-0513-036,_Johannes_Draaijer.jpg">Bundesarchiv</a></span>
</figcaption>
</figure>
<p>Draaijer’s wife Annalisa <a href="http://www.independent.ie/sport/other-sports/cycling/paul-kimmage-she-knows-this-is-what-death-sounds-like-30531503.html">was keen to</a> protect his reputation. She <a href="http://www.chemometry.com/Index/Anti-doping/Literature/Reviews/Bernat%20Lopez%20on%20anti-doping%20cheating.pdf">told the press that</a> he was “against doping” and that the autopsy showed no evidence of doping. </p>
<p>She was <a href="http://www.chemometry.com/Index/Anti-doping/Literature/Reviews/Bernat%20Lopez%20on%20anti-doping%20cheating.pdf">attacked</a> by Randy Eichner, a haematologist at the University of Oklahoma Health Sciences Center, who had been a <a href="http://www.nytimes.com/1991/05/19/us/stamina-building-drug-linked-to-athletes-deaths.html">leading voice</a> suggesting a link between many of the cyclist deaths and EPO. He <a href="http://www.chemometry.com/Index/Anti-doping/Literature/Reviews/Bernat%20Lopez%20on%20anti-doping%20cheating.pdf">said that</a> her opinions were “just a cover-up … something they’ve brainwashed her with”. </p>
<p>Annalisa Draaijer <a href="http://www.spiegel.de/spiegel/print/d-13488551.html">was subsequently quoted</a> saying that her husband had taken EPO, but she <a href="http://www.independent.ie/sport/other-sports/cycling/paul-kimmage-unfinished-stone-for-an-unfinished-love-30496438.html">has more recently insisted</a> that she never gave this interview and never said anything of the sort. </p>
<p>Whoever you believe, there was never any other evidence against Draaijer. His wife and family have had to live with the question mark over his reputation for the past 25 years. Is this fair? Perhaps you are thinking there was a lot of smoke around at the time. Not really, as it turns out. Later, <a href="http://www.tandfonline.com/doi/full/10.1080/19406940.2013.773359#abstract">thorough research</a> into all the French and Belgian cases found that the EPO link was a myth – across the board. </p>
<h2>The Pechstein case</h2>
<p>Then there was Claudia Pechstein, a highly successful German speedskater, who <a href="http://www.theglobeandmail.com/sports/more-sports/german-olympic-committee-wants-to-reopen-doping-case-of-speedskater-claudia-pechstein/article22696386/">was convicted</a> of doping in 2009 by the international Court of Arbitration for Sport after abnormal blood results. She was banned for two years by the International Skating Union (ISU). </p>
<p>The German Olympic Committee believed she was innocent and fought unsuccessfully to clear her name. Now she is suing the ISU through the German courts and <a href="http://www.bbc.co.uk/sport/0/31447368">potentially making headway</a> after a civil court <a href="http://static.isu.org/media/108941/arbitral-award-cas.pdf">overturned the decision</a>. </p>
<p>It is a highly complex case that is working its way through the German appeal courts. Though we won’t go into all the details, it has raised questions about WADA’s conduct. One expert witness, Switzerland’s Pierre-Edouard Sottas, <a href="http://sottas.info/">gave evidence that</a> the “collection, transport and analysis of the blood samples did not follow the corresponding WADA protocols”. </p>
<p>Pechstein only breached the ISU’s threshold levels for when blood samples should be treated as suspicious – not one of definite guilt. WADA’s rules <a href="http://www.tandfonline.com/doi/abs/10.1080/09523367.2013.826652">were only</a> in draft form at the time, though they had been circulating for some time, but Pechstein would not have fallen foul of them. They were finalised a few months later. Yet despite this and the procedural problem with the blood samples, WADA made no attempt to intervene on Pechstein’s behalf. </p>
<h2>Ends and means</h2>
<p>In the previous examples, the anti-doping authorities and their supporters had high ideals and set out to do good. But in each case they sacrificed their ideal of fairness in the name of the greater goals of anti-doping. </p>
<p>They allowed Armstrong to take a much harsher punishment than his colleagues. They allowed the reputations of Jensen and all the others to be tarnished without evidence. And though Pechstein may yet lose her legal battle, WADA certainly ought to explain why it chose not to intervene given the problems with the blood samples and its own guidelines. </p>
<p>It is a core principle not just of anti-doping or sport but of social justice that people deserve to be treated with fairness and dignity. We don’t see much sign of it in the cases we have outlined.</p><img src="https://counter.theconversation.com/content/38127/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Paul doesn't have any current funding related to this subject matter, but has previously received funding from the World Anti-Doping Agency, the Fulbright Commission and British Academy for projects focused on other aspects of drug use in sport.</span></em></p><p class="fine-print"><em><span>Verner Møller does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Lance Armstrong’s tough punishment may look deserved, but it may just be the highest-profile example of what’s wrong with anti-doping.Paul Dimeo, Senior Lecturer in Sport, University of StirlingVerner Møller, Professor of Sports Science, Aarhus UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/354042014-12-12T06:20:06Z2014-12-12T06:20:06ZTougher rules on drugs in sport won’t help detect more doping<figure><img src="https://images.theconversation.com/files/67011/original/image-20141211-6048-gahe25.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The new World Anti-Doping Code is around the corner, but it's not likely to help anyone</span> <span class="attribution"><a class="source" href="http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&searchterm=sport%20doping&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1&inline=51452437">Nils Z</a></span></figcaption></figure><p><a href="http://www.independent.co.uk/news/obituaries/professor-arnold-beckett-sports-doping-expert-who-later-changed-sides-and-supported-those-accused-of-drug-use-1930015.html">Professor Arnold Beckett</a>, an English chemist and longstanding member of the International Olympic Committee (IOC), played a leading role in developing tests to detect drug misuse in sports during the 1960s. Yet by the 1980 Moscow Olympics, the steroid epidemic was uncontrollable. That year <a href="http://www.nexis.com/search/newssubmitForm.do">he said</a> of the policy struggles: “This is a war, and the war must go on.”</p>
<p>Beckett’s influence waned and he passed away in 2010. Quite what he would make of the new <a href="http://www.ukad.org.uk/2015-code">World Anti-Doping Code</a> is anyone’s guess. He may simply have noticed that the “war” is still ongoing, no side has won, but each has ramped up its resources exponentially since his test for amphetamines was first rolled out for the <a href="https://books.google.co.uk/books?id=wi2d4YyLh3wC&pg=PA4&lpg=PA4&dq=1965+cycling+Tour+of+Britain+amphetamines&source=bl&ots=pbi_C6NQ1L&sig=sULNKrKKDQr5oFa7FqZxAGsg42Y&hl=en&sa=X&ei=qrOJVKP_OYrxUq-NgbgM&ved=0CEcQ6AEwBw#v=onepage&q=1965%20cycling%20Tour%20of%20Britain%20amphetamines&f=false">1965 cycling Tour of Britain</a>. </p>
<h2>The new code</h2>
<p>The new version of the code comes into effect on January 1, the third iteration after those of 2003 and 2009. It is the bible for anti-doping, written and implemented by the <a href="https://www.wada-ama.org">World Anti-Doping Agency (WADA)</a> with the support of UNESCO, governments, the IOC and other international sports bodies. It continues the trend of enhanced and varied forms of power and tougher punishments.</p>
<p>The most significant change is that most athletes found to have used a banned drug, tampered with their sample, or helped others to dope, are likely to have a four-year ban; an increase from the current two years. This has huge consequences. In a profession where seconds count, where the minutiae of training techniques can be the difference between winning and losing, an absence of four years is likely to spell the end of the athlete’s career. </p>
<p>Another significant change is that anti-doping agencies’ powers to use forms of evidence beyond specimens to build a case have been enhanced. Permitting the use of whistle-blowers and partnerships with other investigative services such as the police, the media and even Interpol makes these agencies into powerful surveillance forces. Little wonder that the esteemed Danish professor of law, Eva Smith, <a href="http://www.tandfonline.com/doi/abs/10.1080/19406940.2013.794435#.VInX5kuhq_M">recently wrote</a> of her concern that anti-doping was going down a similar route to anti-terrorism. </p>
<h2>Strict liability</h2>
<p>The new code does very little to protect innocent athletes who are sanctioned for innocuous or unintentional behaviour. When Alain Baxter <a href="http://news.bbc.co.uk/winterolympics2002/hi/english/alpine_skiing/newsid_1885000/1885843.stm">used the wrong type</a> of Vicks inhaler during the 2002 Salt Lake Olympics, he lost his medal and had a short ban. Should such an incident occur in 2015, it would probably conclude with a ban of between two and four years. </p>
<p>To appeal for a reduction, the athlete would need to risk several thousand pounds to take their case to arbitration. This discriminates against those in less wealthy sports, or who have achieved only moderate career winnings. And since the burden of proof lies with the accused, the chances of success in arbitration are slim.</p>
<p>This is a war in which the authorities want more power, and don’t seem to mind some collateral damage. A case in point is that of the English hurdler Callum Priestley, who tested positive for clenbuterol that could have been in the food chain and was banned for two years. He <a href="http://sportsvibe.co.uk/news/athletics/callum-priestley-quits-athletics-11989/">retired from</a> the sport aged 21. More such cases now look foreseeable. </p>
<p>Supporters of anti-doping <a href="http://www.uksport.gov.uk/news/2015-world-anti-doping-code-welcomed-by-uk-bodies-151113">will argue</a> that enhanced powers are deterrents. In response, <a href="http://www.asser.nl/default.aspx?site_id=11&level1=13914&level2=13931&level3=&textid=35931">critics raise doubts</a> over the human rights aspects. Athletes are already compelled to endure the indignities of urinating in front of a stranger to provide a sample for analysis. Many also have to provide blood samples. A sample of elite athletes need to file daily informaton about their whereabouts, much like newly released prisoners or convicted sex offenders. Those with medical problems need to provide all the details and their medicines. There is no escape from the anti-doping gaze and pressure to self-regulate.</p>
<h2>Deterring who?</h2>
<p>So is the deterrence effect demonstrable and justifiable? In recent years, the rate of detection <a href="http://www.conade.gob.mx/Documentos/Sust_prohibidas/WADA-2013-Anti-Doping-Testing-Figures-LABORATORY-REPORT.pdf">has remained</a> much the same, around 2% – meaning that 2% of those tested are found guilty of doping. Indeed in 2013 it reached 2.13%, slightly higher than in any previous year. </p>
<p>While increased deterrence is a vague possible outcome of increasing sanctions and surveillance, it is hard to imagine that it will bridge the gap between current detection rates and the reality of doping. <a href="http://www.theguardian.com/sport/2012/feb/07/wada-olympic-games-2012">Anti-doping policy leaders</a> and <a href="http://www.researchgate.net/publication/265175366_Prevalence_of_Doping_Use_in_Elite_Sports_A_Review_of_Numbers_and_Methods">researchers</a> agree that 2% is a huge under-representation of the true extent of doping. Estimations of that figure <a href="http://www.dailymail.co.uk/sport/othersports/article-2384113/Dick-Pound-Doping-widespread-sport.html">vary depending</a> on sport, country, and other factors, but globally it could be 10-20%. </p>
<p>The <a href="http://www.telegraph.co.uk/sport/othersports/athletics/11286600/Fail-to-tackle-this-Russian-doping-crisis-and-athletics-will-never-recover.html">recent revelations from Russia</a> suggest there to be significant doping sub-cultures that are not disturbed by the increasingly draconian powers of the World Anti-Doping Agency. There are still too many countries turning a blind eye to their athletes’ behaviours, not conducting testing or providing sufficient education. </p>
<p>Deterrence is based on the fear of being caught. Athletes on a well-planned doping programme can still evade detection – <a href="http://www.telegraph.co.uk/culture/tvandradio/tv-and-radio-reviews/10947460/Storyville-The-Lance-Armstrong-Story-Stop-at-Nothing-BBC-Four-review-horribly-fascinating.html">think Lance Armstrong</a> – especially in a context where anti-doping is not part of the cultural fabric of the sport. A four-year ban is a risk worth taking in such situations, especially if the motivation is a route out of poverty or where coaches and doctors are compelling athletes to dope. </p>
<p>There is an unintended form of inequity, where athletes operating in a highly regulated system are compelled to stay clean, knowing their competitors elsewhere are likely to be doping. And yet for those that get caught there are no second chances, no routes for redemption; the innocent are not protected in the zealous pursuit of those who are currently evading capture. In this unwinnable war, the means are not justified by the ends.</p>
<h2>A different approach</h2>
<p>Perhaps a more preventative approach is feasible. Athletes could be more central to policy decisions, so they understand and internalise the rationale. Improved education that focuses on values might help many avoid the temptation to dope and create a positive message of pro-active clean sport. </p>
<p>At a global level, the main problem seems to be ensuring that all countries implement education and rigorous testing. There needs to be a more focused effort on identifying areas of risk and delivering a well organised policy and governance structure that is less focused on individuals and more on organisations. Sanctions might include excluding a country from the Olympics, for example. Such a strategy might allay fears of innocent victims and unnecessary personal surveillance, and might ensure that the pockets of doping sub-culture can be tackled effectively.</p><img src="https://counter.theconversation.com/content/35404/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Paul doesn't have any current funding related to this subject matter, but has previously received funding from the World Anti-Doping Agency, the Fulbright Commission and British Academy for projects focused on other aspects of drug use in sport. </span></em></p>Professor Arnold Beckett, an English chemist and longstanding member of the International Olympic Committee (IOC), played a leading role in developing tests to detect drug misuse in sports during the 1960s…Paul Dimeo, Senior Lecturer in Sport, University of StirlingLicensed as Creative Commons – attribution, no derivatives.