CAS 2004/A/725 USOC & Michael Johnson, Antonio Pettigrew, Angelo Taylor, Alvin Harrison, Calvin Harrison vs IOC & IAAF
Related case:
CAS 2004/A/628 IAAF vs USATF & Jerome Young
June 28, 2004
1. This case, in its essence, concerns the interpretation of relevant IAAF Rules and their application to five members of the gold medal-winning U.S.A. team (the “U.S.A. team”) in the men's 4 x 400m relay event at the 2000 Sydney Olympic Games (the “relay event”). It is a most peculiar case, arising in most unusual circumstances.
2. As explained more fully in this Award, the results of the relay event and the fate of the medals awarded to the U.S.A. team at the 2000 Sydney Games have, five years later, been called into question as a result of two occurrences.
3. First, on 28 June 2004, a Panel of the Court of Arbitration for Sport (“CAS”) found that a Doping Appeals Board of USA Track & Field (“USATF”), the national federation that governs the sport of athletics in the United States of America, had misdirected itself and reached an erroneous conclusion when, on 10 July 2000, it exonerated Mr. Jerome Young (a sixth member of the U.S.A. team, who is not one of the Appellants in this arbitration) of having committed a doping offence on 26 June 1999, just prior to the Sydney Games. The CAS Panel found that Mr. Young had committed a doping offence, that the resulting period of ineligibility extended through the Sydney Games, and that Mr. Young should therefore not have participated in those Games (CAS Arbitration 2004/A/628, IAAF v/ USATF & Jerome Young, award of 28 June 2004).
4. Second, on 18 July 2004, the IAAF Council determined that “as a consequence of Jerome Young’s ineligibility to have competed at the Sydney Olympic Games in 2000 [by virtue of having committed a doping offence on 26 June 1999], the result of the USA Men's 4 x 400m relay event is annulled and the final placings are revised accordingly.”
5. It is the subject matter of the second of these decisions - that is, whether under IAAF Rules in force at the time of the Sydney Games, the results of the relay event should be annulled and the final placings revised accordingly – that is the primary issue in the present appeal.
The CAS Panel is unanimously of the opinion that the decision taken by the IAAF Council on 18 July 2004 interpreting its rules is incorrect, and should be overturned. The Panel reaches this conclusion with all due respect to the IAAF Council and its role under the IAAF Constitution as the primary decision-maker regarding the interpretation of its Rules.
On the basis of IAAF rules applicable at the time of the 2000 Sydney Olympic Games, the results obtained by the Athletes in the men's 4 x 400m relay event at the Sydney Games shall not be amended. Those results therefore stand. Furthermore, it is the understanding of the Panel that only Jerome Young in the US relay team should be stripped of his gold medal pursuant to the CAS award 2004/A/628 of 28 June 2004.
Having so found, the Panel considers it unnecessary for it to consider the other issues raised by the parties in these proceedings. In particular, the Panel considers that there is no need for it to determine, and it refrains from determining:
- Whether the IAAF has the jurisdiction, power or authority to annul the results of the relay event (the Panel having determined that, even assuming (without deciding) that the IAAF has such jurisdiction, its decision in this case was incorrect);
- Whether the IAAF decision should be overturned on grounds unrelated to the merits of that decision (for example, whether modification of the results of the relay event is time-barred, or whether the IAAF decision is vitiated by a lack of due process);
- Whether or not USOC, as distinct from the Athletes, has standing to appeal the IAAF decision.
The Court of Arbitration for Sport Panel rules that:
1.) The appeal filed by Michael Johnson, Antonio Pettigrew, Angelo Taylor, Alvin Harrison and Calvin Harrison on 27 September 2004 is upheld.
2.) The IAAF Council decision of 18 July 2004 is hereby overturned.
3.) On the basis of IAAF Rules in force and applicable at the time of the 2000 Sydney Olympic Games, the results of the men's 4 x 400m relay event at those Games shall not be amended; those results stand.
4.) 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.
5.) The IAAF shall pay an amount of US$ 10’000.- to the Appellants Michael Johnson, Antonio Pettigrew, Angelo Taylor, Alvin Harrison and Calvin Harrison as contribution towards their expenses incurred in this arbitration.
