Avis consultatif TAS 93/109 Fédération Française de Triathlon (FFTri) et International Triathlon Union (ITU)

• Anti-Doping Rules
• Application of the anti-doping rules of an IF by a national federation
• Right of a national federation to adapt the minimum sanction under the IF rules (suspended sanction instead of a firm suspension) provided that such a decision is specifically motivated

On 29 January 1993 and on 19 April 1993 the French Triathlon Federation, Fédération Française de Triathlon (FFTri), decided to impose a 1 year suspended sanction on two athletes for committing an anti-doping rule violation.
The International Triathlon Union (ITU) reproached these sanctions due to under the Rules the FFTri had to impose a 2 year period of ineligibility on the athletes.

After deliberations between the parties this matter was transferred in July 2004 to the Court of Aribitration for Sport (CAS) to render an opinion about two questions:

1.) Does FFTri have the right to opt out of the obligations imposed by its membership in the International Federation by virtue of a ruling by the French Sports Ministery?

2.) Are the provisions of the ITU Rules compatible with the general principles as the autonomy of the judge, the absence of application of fixed sanctions, the proportionality of sanctions according to the facts, in consideration of the athlete's personality and, in any event, with the Anti-Doping Convention of Strasbourg?

The ITU argued that the ITU Anti-Doping Rules are conform the recommendations of the International Olympic Committee and are without provisions to impose a suspended sanction on athletes.
The FFTri argued that the sanctions were imposed according to French law, International law and Human Rights.

The CAS Panel ruled about these two questions on 31 August 1994:

1.) The ITU Anti-Doping Rules don’t prohibit a national triathlon federation in cases with prohibited substances to adapt the minimum sanction available in their Rules and considering the circumstances in each case.
French law doesn’t compel at all a national federation to impose a suspended sanction due to this is an exceptional measure which must be specifically motivated.
A decision from a national federation to impose a suspended sanction in the case of a first violation, in special circumstances and specifically motivated, is not inconsistent with the ITU Anti-Doping Rules.

2.) The ITU Anti-Doping Rules are not incompatible with the general principles of law and in particular are in accordance with the Council of Europe Anti-Doping Convention, signed on 16 November 1989 in Strasbourg.

1994 List of Prohibited Classes of Substances and Prohibited Methods / IOC Medical Commission. – Paris : International Olympic Committee (IOC), 1994

Including substance name correction dehydrotestosterone page 9.

INTERNATIONAL OLYMPIC COMMITTEE MEDICAL COMMISSION DEFINITION OF DOPING AND LIST OF DOPING CLASSES AND METHODS

This list was approved on 5 September 1994 in Paris by the IOC Medical Commission and approved on 25 January 1995 in Lausanne by the IOC.

I. DOPING CLASSES
A. Stimulants
B. Narcotics
C. Anabolic Agents
D. Diuretics
E. Peptide and glycoprotein hormones and analogues

II. DOPING METHODS
A. Blood doping
B. Pharmacological, chemical and physical manipulation

III. CLASSES OF DRUGS SUBJECT TO CERTAIN RESTRICTIONS
A. Alcohol
B. Marijuana
C. Local anaesthetics
D. Corticosteroids
E. Beta-blockers

Source: Bibliothèque du CIO / IOC Library

AUSTRALIAN SPORTS DRUG AGENCY 1993-94 ANNUAL REPORT
© Commonwealth of Australia
ISSN 1037-378

TABLE OF CONTENTS

Abbreviations and acronyms vii
Executive summary ix

Chapter One: Introduction
Mission 1
Corporate priorities 1
Organisational structure 5
Publications and presentations 6
Social justice 7
Internal and external scrutiny 7

Chapter Two: Testing, research and policy
Objectives, functions and resources 9
Summary of 1993-94 testing activities 9
Public interest testing 10
Contract testing 11
Register of Notifiable Events 15
Memorandum of Understanding between the Australian Sports Drug Agency and the Australian Government Analytical Laboratories 18
Research 18
Policy advice 22
International Court of Arbitration for Sport 24
Special interest groups 25
Legislation 28
Special operational issues 31

Chapter 3: Education
Objectives, functions and resources 33
School-based education programs 34
Sport-based education programs 35
Information services 38

Chapter 4: Executive
Objectives, functions and resources 43
Planning 43
Evaluation 44
Research 46
National activities 49
Finance 50
Human resource management 52
Social justice 55
Administrative services 58
Public relations 60

Chapter 5: International
Objectives, functions and resources 63
Fourth permanent world conference on anti-doping in sport 64
International anti-doping agreements 65
Council of Europe anti-doping convention 66
Working with international sporting organisations 67
international visitors 70
Reciprocal exchange with China 71
International Olympic Charter against doping in sport education annex 71
Sydney 2000 Olympic Games 72
Asia export task force 72
World Health Organisation program on substance abuse 72

Chapter 6: Financial statements 73

Appendices
1 Objects, functions and powers of the Australian Sports Drug Agency as specified in the Australian Sports Drug Agency Act 1990 90
2 Powers of the minister under the Australian Sports Drug Agency Act 1990 92
3 Presentations and Publications by ASDA staff 94
4 Summary of ASDA's international testing activities 99
5 Dope control laboratories accredited by the International Olympic Committee 100
6 International Olympic Committee Medical Commission list of doping classes and methods 103
7 ASDA testing for period 1 July 1993 to 30 June 1994 96
8 Summary of Entries on Register of Notifiable Events, 1993-94 113
9 1993-94 Memorandum of Understanding between the Australian Government Analytical Laboratories and the Australian Sports Drug Agency 115
10 Educational resource material distribution, 1993-94 125
11 State Coordinators of the School Development in Health Education Project 125
12 Sports Drug Education Unit steering groups 128
13 Portfolio evaluation steering committee 129
14 Conference statement, the 4th Permanent World Conference on Anti-Doping in Sport, September 5-8, 1993, London, United Kingdom 130
15 Council of Europe Anti-Doping Convention, Strasbourg, November 16, 1989 132

Compliance index 143

Index 144

Tables
1.1 Financial and staffing resources summary 7
1.2 Expenditure by program 8
2.1 Summary of entries on Register Of Notifiable Events by doping class and sport 16
3.1 Drugs in Sport Hotline-summary 41
4.1 Total number of employees at June 30, 1994 54
4.2 Summary of the Training Guarantee Scheme 55
4.3 Categories of eligible training expenditure 55

Figures
1.1 The relationship between the mission, corporate priorities and program structure of the Australian Sports Drug Agency 2
1.2 Organisation of the Australian Sports Drug Agency 5

Effect on sports drug tests of ingesting meat from steroid (methenolone)-treated livestock / A.T. Kicman, D.A. Cowan, L. Myhre, S. Nilsson, S. Tomten, H. Oftebro. - (Clincal Chemistry 40 (1994) 11 Pt 1 (November); p. 2084-2087) 

• PMID: 7955383

Abstract

Anabolic-androgenic steroids are widely misused in human sports and are also used as growth promoters in livestock. Athletes who consume meat containing such hormone residues may risk failing a sports drug test. Prompted by an athlete's defence case, we questioned whether the consumption of small livestock given doses of anabolic steroid, orally or intramuscularly, could generate positive results in samples tested by our analytical procedures. We analyzed urine from eight men who consumed chickens that had been either fed with methenolone acetate (1 mg/day) from day 0 to 21 or injected with methenolone heptanoate depot (1 mg/intramuscular injection) on days 0, 7, and 14 and slaughtered on day 22. No methenolone or characteristic major metabolite was detected in samples from subjects who ate meat from the orally dosed chickens. However, 50% of the samples collected 24 h after consumption of the intramuscularly dosed chickens were confirmed positive. Hence, eating meat containing small amounts of injected hormone may constitute a serious liability to the athlete.

Shields EW Jr.
Adolescence. 1995 Winter;30(120):839-61.
Department of Physical Education, Exercise & Sport Science, University of North Carolina at Chapel Hill 27599-8605, USA.

Through observations and perceptions of athletic directors/coaches, this study (1) broadly examined substance abuse of adolescent (high school) student-athletes; (2) made comparisons of substance abuse between student-athletes and students comprising the general student body; and (3) made selected comparisons of substance abuse between the regional data of this study and that of a national survey of high school coaches done by George H. Gallup International Institute (1991). Some comparisons were also made with the findings of a survey of drug use patterns among a sample of 10,883 public school students conducted by the Alcohol and Drug Defense (ADD) Section, North Carolina Department of Public Instruction (1991; 1989; 1987a, 1987b) and a survey of drug use patterns among 2,685 high school student-athletes (Shields, 1988).

The drug abuse problem for student-athletes was observed-perceived to be of lesser magnitude regionally than nationally and to be less for student-athletes with their peers in the general student body. In virtually every comparison of student-athletes with their peers in the general student body, the drug problem was seen to be less for student-athletes, and in some instances, dramatically less.

PMID:
8588520
[PubMed - indexed for MEDLINE]

Laure P, Reinsberger H.
J Sports Med Phys Fitness. 1995 Sep;35(3):228-31.
Centre de Pharmacologie Sociale, Saint Max, France.

The purpose of this study is the representation of doping in high-level endurance walkers, based on a sample survey by questionnaire.

The analysis of data shows that for walkers, doping seems only to be considered through its potential benefits. Increasing performance, wish to win and money are the three principal motives to use it, especially anabolic steroids and amphetamines. They think that analgesic injections should not be considered as doping. Thus, they are agreeing with drug testing but not with definition of doping in sport. In their circle, 41% of all subjects have heard of endurance walkers using ergogenic drugs.

The need for better drug education is expressed by these results.

PMID:
8775652
[PubMed - indexed for MEDLINE] [PubMed - indexed for MEDLINE]

Avis consultatif TAS 94/128 Union Cycliste Internationale (UCI) et Comité National Olympique Italien (CONI)

Anti-Doping Rules
Conflict between the rules of an International Federation and those of a National Olympic Committee

In August 1994 the Italian Cycling Federation (FCI) initially decided to impose a 2 year period of ineligibility on a cyclist following the guidelines of the Italian National Olympic Committee (CONI).
The cyclist appealed the decision and the sanction was reduced to a 3 month period of ineligibility.

The International Cycling Union (UCI) asserted that under the 1994 UCI Rules an anti-doping violation for using caffeine can only be sanctioned by a 3 month suspension.

In this matter the Court of Arbitration for Sport (CAS) received in October 1994 the requests from UCI and CONI to render an advisory opinion about 4 questions.

The two questions of the UCI:

1.) Who is competent to regulate the anti-doping control: the international federation on the one hand or the National Olympic Committee (NOC) or another national sports body on the other?

2.) If the rule of the international federation conflicts with a rule issued or imposed by an NOC or national sports body, which of the two rules would prevail?

The two questions of CONI:

3.) Given that Italian federations are bound by Italian law to follow CONI anti-doping rules, and CONI is bound by Italian law to follow IOC anti-doping rules, what should CONI do if an Italian federation is part of an International federation whose anti-doping rules differ from those of the IOC.?

4.) Given that IOC anti-doping rules may change from time to time, in case a substance is moved from those sanctioned with a heavier penalty to those sanctioned with a lighter penalty, should the lighter penalty automatically apply when it enters into force also to previously sanctioned athletes?

On 5 January 1995 the CAS Panel rules:

1.) The UCI, the NOC or the national sports body are authorized to regulate doping. In this case it concerned a national competition under national Rules. In international competitions the UCI is authorized as International Federation and NOC and any other national sports body are subsidiair.

2.) In the case of an conflict, the Anti-Doping Rules of an International Federation prevail over the rules of an NOC or any other national sports body.

3.) CONI is legally bound to follow the IOC Anti-Doping Rules and to impose these on the Italian Federations.

4.) New IOC provisions are not applied automatically, except when the sports body has a clause in their statutes or regulations that such provisions are applied at once. In the situation that the IOC provision is applied automatically, the new provisions must also be applied to cases that occurred before these provisions came into force, if it lead to a more favourable result for the sanctioned athlete in anti-doping cases.

Effect of growth hormone and resistance exercise on muscle growth and strength in older men / Kevin E. Yaraheski, Jeffrey J. Zachwieja, Jill A. Campbell, Dennis M. Bier. - (American journal of physiology. Endocrinology and metabolism 268 (1995) 2 (February); E268-E276)

• PMID: 7864103
• DOI: 10.1152/ajpendo.1995.268.2.E268

Abstract

The purpose of this study was to determine whether growth hormone (GH) administration enhances the muscle protein anabolism associated with heavy-resistance exercise training in older men. Twenty-three healthy, sedentary men (67 +/- 1 yr) with low serum insulin-like growth factor I levels followed a 16-wk progressive resistance exercise program (75-90% max strength, 4 days/wk) after random assignment to either a GH (12.5-24 micrograms.kg-1.day-1; n = 8) or placebo (n = 15) group. Fat-free mass (FFM) and total body water increased more in the GH group. Whole body protein synthesis and breakdown rates increased in the GH group after treatment. However, increments in vastus lateralis muscle protein synthesis rate, urinary creatinine excretion, and training-specific isotonic and isokinetic muscle strength were similar in both groups, while 24-h urinary 3-methylhistidine excretion was unchanged after treatment. These observations suggest that resistance exercise training improved muscle strength and anabolism in older men, but these improvements were not enhanced when exercise was combined with daily GH administration. The greater increase in FFM with GH treatment may have been due to an increase in noncontractile protein and fluid retention.

CAS 94/129 USA Shooting & Q. / Union Internationale de Tir (UIT)

• Doping of a shooter (ephedrine)
• Disqualification and suspension for 3 months
• Absence of strict liability rule in the UIT Antidoping Regulations
• Need to establish the guilty intent of the shooter to sanction him
• Right to be heard and due process

1. If the strict liability standard is to be applied, this fact must be clearly stated. The fact that the Court of Arbitration for Sport has sympathy for the principle of a strict liability rule obviously does not allow the CAS to create such a rule where it does not exist.

2. The fight against doping is arduous, and it may require strict rules. But the rule-makers and the rule-appliers must begin by being strict with themselves. Regulations that may affect the careers of dedicated athletes must be predictable. They must emanate from duly authorised bodies. They must be adopted in constitutionally proper ways. They should not be the product of an obscure process of accretion. Athletes and officials should not be confronted with a thicket of mutually qualifying or even contradictory rules that can be understood only on the basis of the de facto practice over the course of many years of a small group of insiders.

3. If the “hearing” in a given case was insufficient in the first instance, the fact is that as long as there is a possibility of full appeal to the Court of Arbitration for Sport the deficiency may be cured.

The Court of Arbitration for Sport decides on 23 May 1995:

1.) Grants the relief requested by the Appellants, and accordingly:
2.) reinstates Q. as the winner of the 1994 UIT Cairo World Cup entitled to retain the gold medal from that event, and
3.) declares that USA Shooting was therefore in principle entitled to the Olympic country quota slot earned as a result of Q.’s performance (it being recognised that this slot cannot be used in practice to the extent that U.S. athletes have already attained the maximum of three slots for any one country).
4.) Makes no award of costs.

Recommendation on Standard Urine Sampling Procedures for Doping Control in and out of Competition / Monitoring Group of the Anti-Doping Convention. - Strasbourg : Council of Europe (CoE), 1995

• Council of Europe Recommendation (95) 1