The Battle over the Osaka Ruling / Daniel Gandert. – (International Sports Law Journal (2012) 1-2 : p. 111-122)

Content:
1.) Introduction
2.) Background Relating to the Osaka Rule
3.) The Need for Strict, Uniform Anti-Doping Rules
4.) The Prescribed Penalties for Doping Under the World Anti-Doping Code
5.) CAS and the Principle of Proportionality
5.1.) The History of Proportionality
5.2.) The Legal Requirement for Proportionality
6.) Cases under the Osaka Rule
6.1.) Jessica Hardy’s Case
6.2.) LaShawn Merritt’s Case
6.3.) CAS Reaches Decision Regarding the Osaka Rule
6.4.) The Effect of the CAS Decision on the Osaka Rule
7.) Conclusion

The IOC’s Osaka Rule prohibited any athlete with a doping suspension of greater than six months from competing in the next Olympic Games, even for cases where the athlete’s suspension has already been completed. In October of 2011, the Court of Arbitration for Sport (CAS) invalidated the Osaka Rule which prevented athletes who committed a doping offence inadvertently from receiving disproportionately harsh consequences relative to their violation.
The first part of this article will describe the background relating to the Osaka Rule. The second part article will describe the system in place to prevent doping. The third part will discuss the principle of proportionality.
First, the history of the principle in CAS jurisprudence will be discussed through a description of important cases. Second, the importance of proportionality will be explained. The fourth part will
describe the three cases dealing with the Osaka rule as well as the impact of these cases on the Olympic World.

The benefits and risks of testosterone replacement therapy: a review / Nazem Bassil, Saad Alkaade, John E. Morley. - (Therapeutics and clinical risk management 5 (2009) 3 (11 June); p. 427-448)

• PMID: 19707253
• PMCID: PMC2701485
• DOI: 10.2147/tcrm.s3025

Abstract

Increased longevity and population aging will increase the number of men with late onset hypogonadism. It is a common condition, but often underdiagnosed and undertreated. The indication of testosterone-replacement therapy (TRT) treatment requires the presence of low testosterone level, and symptoms and signs of hypogonadism. Although controversy remains regarding indications for testosterone supplementation in aging men due to lack of large-scale, long-term studies assessing the benefits and risks of testosterone-replacement therapy in men, reports indicate that TRT may produce a wide range of benefits for men with hypogonadism that include improvement in libido and sexual function, bone density, muscle mass, body composition, mood, erythropoiesis, cognition, quality of life and cardiovascular disease. Perhaps the most controversial area is the issue of risk, especially possible stimulation of prostate cancer by testosterone, even though no evidence to support this risk exists. Other possible risks include worsening symptoms of benign prostatic hypertrophy, liver toxicity, hyperviscosity, erythrocytosis, worsening untreated sleep apnea or severe heart failure. Despite this controversy, testosterone supplementation in the United States has increased substantially over the past several years. The physician should discuss with the patient the potential benefits and risks of TRT. The purpose of this review is to discuss what is known and not known regarding the benefits and risks of TRT.

The Cardiac Effects of Performance-Enhancing Medications: Caffeine vs. Anabolic Androgenic Steroids / Sanjay Sivalokanathan, Łukasz A. Małek, Aneil Malhotra. - (Diagnostics 11 (2021) 2 (17 February); p. 1-14)

• PMID: 33671206
• PMCID: PMC7922604
• DOI: 10.3390/diagnostics11020324

Abstract

Several performance-enhancing or ergogenic drugs have been linked to both significant adverse cardiovascular effects and increased cardiovascular risk. Even with increased scrutiny on the governance of performance-enhancing drugs (PEDs) in professional sport and heightened awareness of the associated cardiovascular risk, there are some who are prepared to risk their use to gain competitive advantage. Caffeine is the most commonly consumed drug in the world and its ergogenic properties have been reported for decades. Thus, the removal of caffeine from the World Anti-Doping Agency (WADA) list of banned substances, in 2004, has naturally led to an exponential rise in its use amongst athletes. The response to caffeine is complex and influenced by both genetic and environmental factors. Whilst the evidence may be equivocal, the ability of an athlete to train longer or at a greater power output cannot be overlooked. Furthermore, its impact on the myocardium remains unanswered. In contrast, anabolic androgenic steroids are recognised PEDs that improve athletic performance, increase muscle growth and suppress fatigue. Their use, however, comes at a cost, afflicting the individual with several side effects, including those that are detrimental to the cardiovascular system. This review addresses the effects of the two commonest PEDs, one legal, the other prohibited, and their respective effects on the heart, as well as the challenge in defining its long-term implications.

The Cardiac Toxicity of Anabolic Steroids / Mack Lee Sullivan, Charles M. Martinez, Paul Gennis, E. John Gallagher. - (Progress in Cardiovascular Diseases 41 (1998) 1 (July/August); p. 1-15)

• PMID: 9717856
• DOI: 10.1016/s0033-0620(98)80019-4

Abstract

Anabolic steroids are synthetic derivatives of testosterone that were developed as adjunct therapy for a variety of medical conditions. Today they are most commonly used to enhance athletic performance and muscular development. Both illicit and medically indicated anabolic steroid use have been temporally associated with many subsequent defects within each of the body systems. Testosterone is the preferred ligand of the human androgen receptor in the myocardium and directly modulates transcription, translation, and enzyme function. Consequent alterations of cellular pathology and organ physiology are similar to those seen with heart failure and cardiomyopathy. Hypertension, ventricular remodeling, myocardial ischemia, and sudden cardiac death have each been temporally and causally associated with anabolic steroid use in humans. These effects persist long after use has been discontinued and have significant impact on subsequent morbidity and mortality. The mechanisms of cardiac disease as a result of anabolic steroid use are discussed in this review.

The CAS AD Hoc Division at the XX Olympic Winter Games in Turin / Andreas K. Zagklis. – (International Sports Law Journal (2006) 3-4 : p. 47-57)

Content:
Introduction
1.) Summary of cases
1.1. CAS OG 06/001 [WADA v/ USADA, USBSF & Lund]
1.2. CAS OG 06/002 [Schuler v/ Swiss Olympic Association]
1.3. CAS JO 06/003 [Azzimani v/ Comité National Olympique Marocain]
1.4. CAS OG 06/004 [Deutscher Skiverband & Sachenbacher-Stehle v/ FIS]
1.5. CAS OG 06/005 & 06/007 [Abernathy v/ FIL]
1.6. CAS OG 06/006 [Canadian Olympic Committee v/ ISU]
1.7. CAS OG 06/008 [Dal Balcon v/ CONI & Federazione Italiana Sport Invernali]
1.8. CAS OG 06/009 [B. v/ IOC]
1.9. CAS OG 06/010 [Australian Olympic Committee v/ FIBT]
2.) Analysis
2.1.) Procedure
2.1.a.) Application
2.1.b.) Sole Arbitrator
2.1.c.) Hearing
2.1.d.) Award
2.2.) Legal Issues
2.2.1.) Jurisdiction
2.2.2.) Doping
2.2.3.) Selection and Qualification
Conclusion

The experience of three Summer Olympics and another three Winter Olympics of the CAS AHD has rewarded the Court with priceless know-how. In addition, the average of almost nine cases per Olympiad shows that the CAS AHD is now a conditio sine qua non for the successful organisation of the major sporting event in the world. Every two years the CAS attempts to succeed in its own
“triathlon” (fair - fast - free), which, above all, requires a unique balance between the speed of the procedures (24h) and the quality of the justice served (fairness in sport). The CAS AHD in Turin was another example of flexible procedures, always at the disposal of the Olympic Movement, and consistent jurisprudence. The road to Beijing is now open for legal debates on how the role of the CAS AHD can evolve in its second decade of life. In the author’s opinion, given the high stakes that the participation in the Olympics entails, the selection / qualification disputes will be the nucleus of the CAS AHD jurisprudence in the near future.

The continuing story of nutritional supplements and doping
infractions / H. de Hon and B. Coumans. – (British Journal of Sports Medicine 41 (2007) 11 (November) p. 800-805)
doi: 10.1136/bjsm.2007.037226

Nutritional supplements can be a source of positive doping cases as some supplements contain prohibited substances without showing this on their label. This problem has existed for some time and has been extensively studied in the past 8 years. The sport of tennis has played a particular role in this problem because of some peculiar doping cases within its community.
This article focuses on this particular doping problem, explaining the background and reviewing the available literature. It presents the first 3 years of experience within the Netherlands Security System Nutritional Supplements Elite Sports (“Nederlands Zekerheidssysteem Voedingssupplementen Topsport” or NZVT) and explains the most extensive system established to combat this particular doping problem.
The NZVT experience has shown that paper-based quality systems are still prone to possible contamination, which leads to the conclusion that the best possible solution for athletes who wish to use nutritional supplements must include laboratory-based analysis for doping substances, preferably repeated for every new batch. The most important educational message, however, is to use a nutritional supplement only if it is deemed of benefit by a nutritional expert.

Nederlands Zekerheidssysteem Voedingssupplementen Topsport (NZVT) - Netherlands Security System Nutritional Supplements Elite Sports

The Critical Power Model as a Potential Tool for Anti-doping / Michael J. Puchowicz, Eliran Mizelman, Assaf Yogev, Michael S. Koehle, Nathan E. Townsend and David C. Clarke. - (Frontiers in Physiology 9 (2018) 643 (6 June) : 1-21). - https://doi.org/10.3389/fphys.2018.00643. - https://www.frontiersin.org/articles/10.3389/fphys.2018.00643/full

Abstract

Existing doping detection strategies rely on direct and indirect biochemical measurement methods focused on detecting banned substances, their metabolites, or biomarkers related to their use. However, the goal of doping is to improve performance, and yet evidence from performance data is not considered by these strategies. The emergence of portable sensors for measuring exercise intensities and of player tracking technologies may enable the widespread collection of performance data. How these data should be used for doping detection is an open question. Herein, we review the basis by which performance models could be used for doping detection, followed by critically reviewing the potential of the critical power (CP) model as a prototypical performance model that could be used in this regard. Performance models are mathematical representations of performance data specific to the athlete. Some models feature parameters with physiological interpretations, changes to which may provide clues regarding the specific doping method. The CP model is a simple model of the power-duration curve and features two physiologically interpretable parameters, CP and W0. We argue that the CP model could be useful for doping detection mainly based on the predictable sensitivities of its parameters to ergogenic aids and other performance-enhancing interventions. However, our argument is counterbalanced by the existence of important limitations and unresolved questions that need to be addressed before the model is used for doping detection. We conclude by providing a simple worked example showing how it could be used and propose recommendations for its implementation.

The definition of doping and the proof of a doping offence / Klaus Vieweg, Christian Paul. – (International Sports Law Journal (2002) 1 : p. 2-6)

Content:
1.) Introduction
2.) The Definition of Doping
3.) The Proof of a Doping Offence
3.1.) Strict Liability?
3.2.) Prima-facie Proof of Doping
3.3.) Contamination with Forbidden Substances and the Question of Cut-off Limits
3.4.) "Undetectable" Doping and Medical Monitoring
4.) Conclusions

Disputes in athletics, and in sport generally, were still relatively rare a few decades ago, especially disputes involving the athletes themselves. However, the control of doping as well as commercialisation and professionalization have altered the situation. The earnings of professional athletes have become so considerable that in each case the sanction for a doping offence can have a major impact on the athlete’s career and profession, with his economic losses amounting to a very substantial sum of money. This was recently demonstrated by the judgement of the Landgericht Munich I in which more than 600,000 Euro was awarded. Moreover sanctions in doping cases may make commercial contracts void and therefore extend its impact beyond the world of sport. This illustrates the need for a legally acceptable definition of doping and the importance of questions of proof, for in many cases the career of an athlete depends on these findings.

There is no common legal definition of the term doping. Doping can either be defined in an abstract manner or in a pragmatic way, the latter predominant. According to this pragmatic definition, the mere presence of a forbidden substance in an athlete’s body constitutes a doping offence and can lead to the disqualification of the athlete. On the other hand, in relation to sanctions, in particular bans, proof of culpability is necessary. The burden of proof of the offence lies with the accusing party, i.e. the sports organisation, which is made easier due to the principle of “primafacie” proof. Nevertheless the athlete can defend himself by providing evidence that the finding of the substance was due to a reason other than the application of the substance. This is relevant with regard to substances which are produced naturally by the human body. For these substances, cut-off limits have to be established to separate the permitted natural state of the body from the forbidden manipulation. In relation to sanctions, the athlete has to rebut the presumption that the finding of the substance in the body was due to intention or negligence on the part of the athlete. However it is very difficult to present credible facts to negate negligence and for this reason the rebuttal of the presumption has seldom succeeded.

The detection of danazol and its significance in doping analysis / Douwe de Boer, E.G. de Jong, R.A. Maes. - (Journal of Analytical Toxicology 16 (1992) 1 (January-February); p. 14-18)

• PMID: 1640693
• DOI: 10.1093/jat/16.1.14

Abstract

The use of anabolic steroids and related compounds in sport is forbidden by the International Olympic Committee (IOC). Because danazol (17 alpha-pregna-2,4-dien-20-yno[2,3-D] isoxazol-17 beta-ol) is structurally related to the anabolic steroid stanozolol, its use should be questioned. Therefore, the detection and the significance of danazol in doping analysis are discussed. A urine specimen suspected of containing danazol metabolites was analyzed in order to characterize the metabolites. After isolation and conversion into three different derivatives, the metabolites were subjected to gas chromatography/mass spectrometry (GC/MS) in the electron impact (EI) mode. The structure assignment was based on the molecular ions, fragmentation patterns observed for the three different derivatives, and the possible metabolite structures given in the literature. Ethisterone was identified as a nonconjugated metabolite. 2-Hydroxymethylethisterone was observed in two stereoisomeric forms. One stereoisomer was found mainly in the nonconjugated steroid fraction and the other in the conjugated fraction. The results were confirmed by analyzing urine specimens of a volunteer who was known to have taken danazol. Derivatization methods and GC/MS data are given to implement danazol detection in routine screening and confirmation procedures.

The detection of doping agents in blood / Manfred Donike. - (British Journal of Sports Medicine 10 (1976) 3 (1 October); p. 147-154)

• PMID: 11865
• PMCID: PMC1859725
• DOI: 10.1136/bjsm.10.3.147-a

Abstract

Gas chromatographic screening procedures have been evaluated which permit the detection of stimulants and sedatives in blood after administration of pharmacological doses. The techniques actually used in sample preparations and gas chromatographic work are presented as well as examples of pharmacokinetic studies and postive dope cases. The use of sensitive and selective detectors like the nigrogen-specific detector or a mass spectrometer is absolutely essential for routine work, as for non-specific detectors the number of "false positives" leads to an intolerable work load for the laboratory.