rekrunner wrote:
The one thing that doesn’t sit well with me is how disadvantaged the athlete is in these cases — an issue highlighted by Tygart in cases of contamination in need of reform.
Besides the specific questions of boar meat, corn versus soy, and how to properly test for it, the whole process of shifting the burden to the athlete, applying the concept of strict liability, instantly places the athlete at a great disadvantage, once he/she is first notified of a problem. Athletes are not lawyers and scientists, keeping up to date with the latest case law and changes in anti-doping regulations and scientific testing protocols.
The athlete may be first notified of an issue 1 month after the fact, and then many things happen at the same time:
- they are often placed under provisional suspension, cutting off their main source of income
- they need to start a full investigation into facts that are 1 month in the past, about all the possible ways that some obscure drug they may never have heard of might have gotten into their system
- hopefully they keep diaries and receipts, and samples of supplements from the same lot, and if they are lucky, eat at restaurants who keep records and will cooperate with investigations
- investigations aren’t free — athletes have to hire lawyers and may have to pay for scientific tests
Under strict liability, the athlete is confronted with a wall of established presumptions that he/she has the burden to rebut:
- A and B sample positive results in an immediate presumption of guilt
- a presumption the AAF was properly reported pursuant to the ISL
- a presumption the ADRV was properly managed, asserted and notified pursuant to the ISRM
- a presumption the ADRV was intentional
Hajo Seppelt recently released another documentary, this time critical of anti-doping, and one of the examples was of a German athlete, who had taken medication that was cross-contaminated with a banned substance. Luckily for him, he had one tablet left, and could get it tested, and his name eventually cleared. But even this best outcome cost him (his family) legal fees and scientific tests, and a lengthy period where he was unable to compete. If he didn’t have one tablet left, there would be no chance for him to clear his name, at any cost, and he would have to accept a nominal 4-year ban.
This is the part that doesn't make any sense to me. If you are truly guilty, and you know it, why not just contaminate your supplement/medication lot with the banned oral substance you used and then send it in for testing?
If Shelby intentionally doped, and was looking for a loophole excuse, she'd just take some of the oral nandrolone she had and sprinkle it into a NON- NSF-certified protein powder, supplement capsule, or some sort of medication..