WADA Softens drugs stance with new doping code
November 18th 2007 16:27
The IAAF had announced a doubling of the potential punishment for first time drugs offenders.
Offenders could now face a ban of up to four years for first time offences if ‘aggravating circumstances’ are involved.
Quite what 'aggravating circumstances' means is open to interpretation but is taken to include:
• The athlete being involved in a wider doping scheme (such as the BALCO scandal).
• Using banned substances on multiple occasions.
• Enjoying (i.e. benefiting) from the use of these substances for longer than the potential ban.
• Impeding an anti-doping investigation.
This effectively means WADA will no longer be dealing in absolutes.
No longer will first time offenders be dealt an automatic 2 year ban, instead I believe we will see on average smaller bans as the legal wiggle room for athletes caught with these substances has increased exponentially.
The final bullet point will be very important to the lawyers of two American greats,
Justin Gatlin and baseball’s Barry Bonds.
Bonds is currently charged with perjury in front of a grand jury in relation to him denying he took performance enhancing drugs ergo, impeding an anti-doping investigation.
Gatlin on the other hand actively helped the authorities expose the BALCO scandal and may now be rewarded with a heavy reduction to the 8 year term he is serving for testing positive a second time – an offence that is supposed to result in a life ban from the sport.
In an interesting move, reduced punishments will also be on offer to those who admit to their doping violations or can prove that the substance they took was not intended to enhance performance.
These exceptions may also result in shorter bans for drugs cheats and represents on the whole a softening of WADA’s stance on doping.
The new rules will come into effect on the 1st of January 2009.
Offenders could now face a ban of up to four years for first time offences if ‘aggravating circumstances’ are involved.
Quite what 'aggravating circumstances' means is open to interpretation but is taken to include:
• The athlete being involved in a wider doping scheme (such as the BALCO scandal).
• Using banned substances on multiple occasions.
• Enjoying (i.e. benefiting) from the use of these substances for longer than the potential ban.
• Impeding an anti-doping investigation.
This effectively means WADA will no longer be dealing in absolutes.
No longer will first time offenders be dealt an automatic 2 year ban, instead I believe we will see on average smaller bans as the legal wiggle room for athletes caught with these substances has increased exponentially.
The final bullet point will be very important to the lawyers of two American greats,
Justin Gatlin and baseball’s Barry Bonds.
Bonds is currently charged with perjury in front of a grand jury in relation to him denying he took performance enhancing drugs ergo, impeding an anti-doping investigation.
Gatlin on the other hand actively helped the authorities expose the BALCO scandal and may now be rewarded with a heavy reduction to the 8 year term he is serving for testing positive a second time – an offence that is supposed to result in a life ban from the sport.
In an interesting move, reduced punishments will also be on offer to those who admit to their doping violations or can prove that the substance they took was not intended to enhance performance.
These exceptions may also result in shorter bans for drugs cheats and represents on the whole a softening of WADA’s stance on doping.
The new rules will come into effect on the 1st of January 2009.
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