CAS 2008/A/1545 Andrea Anderson, LaTasha Colander Clark, Jearl Miles-Clark, Torri Edwards, Chryste Gaines, Monique Hennagan, Passion Richardson v/ IOC
Ms Andrea Anderson, Ms LaTasha Colander Clark, Ms Jearl Miles-Clark, Ms Torri Edwards, Ms Chryste Gaines, Ms Monique Hennagan and Ms Passion Richardson are all track and field athletes from the United States of America. The Athletes participated in the Sydney Olympic Games in 2000 as members
of the U.S. Olympic team sent by the United States Olympic Committee (USOC).
The issue to be solved in this case is whether, under the applicable rules in force at the time of the 2000 Sydney Olympic Games, the results obtained by the US track and field
teams in the women’s 4×100m and 4×400m relay events should be annulled and the medals withdrawn from those teams because one team member – Ms Marion Jones –
has been subsequently disqualified due to an admitted anti-doping rule violation.
Following investigations the United States Anti-Doping Agency (USADA) reported in 2003 that the Bay Area Laboratory Cooperative (BALCO) was involved in a conspiracy for the purpose of the distribution and use of doping substances and techniques. These substances were either undetectable or difficult to detect in routine drug testing.
BALCO is alleged to have distributed several types of banned doping agents to professional athletes in track and field, baseball and football. Thereupon multiple athlete's were charged and convicted for the use of various performance-enhancing drugs.
Consequently on 10 April 2008 the International Olympic Committee (IOC) decided to disqualify the USOC women relay teams and their results obtained at the Sydney 2000 Olympic Games because of their use of prohibited substances provided by BALCO.
Hereafter in April 2008 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS). The Athletes requested the Panel to set aside the Appealed Decision and to reverse the disqualifcation of their results obtained at the Sydney 2000 Olympic Games.
The Athletes argue that the IOC violated their rights to due process, fundamental fairness and natural justice through proceedings conducted in violation of the Olympic Charter.
In particular, according to the Athletes, the IOC knowingly and repeatedly disregarded the Olympic Charter and violated their right to be heard in the following ways:
- a) the IOC consistently refused to acquaint the Athletes with the charges and evidence against them;
- b) the Athletes were not granted any meaningful opportunity to tender a defence, in writing or in person;
- c) the IOC Disciplinary Commission and Executive Board were composed of individuals who had prejudged the matter, as demonstrated by some public statements;
- d) the Executive Board never adopted a valid decision.
Following assessment of the case the Panel determines that at the time of the Sydney Olympic Games there was no express IOC rule or IAAF rule that clearly allowed the IOC to annul the relay team results if one team member was found to have committed a doping offence.
As a result, the Panel is unanimously of the opinion that, on the basis of the IOC and IAAF rules applicable at the time of the 2000 Sydney Olympic Games, the Appealed Decision taken by the IOC Executive Board on 10 April 2008 is incorrect and must be set aside. The Panel reaches this conclusion with all due respect to the IOC Executive Board and its fundamental role under the Olympic Charter.
Therefore the Court of Arbitration for Sport decides on 16 Juy 2010:
1.) The appeal filed by the Appellants Ms Andrea Anderson, Ms LaTasha Colander Clark, Ms Jearl Miles-Clark, Ms Torri Edwards, Ms Chryste Gaines, Ms Monique Hennagan and Ms Passion Richardson on 30 April 2008 is upheld.
2.) The Decision of the IOC Executive Board dated 10 April 2008 is hereby set aside.
3.) On the basis of the IOC and IAAF Rules in force and applicable at the time of the 2000 Sydney Olympic Games, the United States’ teams that competed in the women’s 4×100m and 4×400m athletics relay events at those Games shall not be disqualified; the medals and diplomas awarded to the above noted Appellants in those events shall not be returned to the IOC.
4.) All other requests, motions or prayers for relief are dismissed.
5.) The award is pronounced without costs, except for the Court Office fee of CHF 500.- already paid by the Appellants and which is retained by the CAS.
6.) The IOC shall pay a global amount of CHF 10’000.- to the above noted Appellants as contribution towards their expenses incurred in this arbitration.
