What rights and obligations do professional athletes have during doping control?
- valeryialukhverchy1
- 2 sept
- 5 Min. de lectura
Actualizado: 3 sept
What is the purpose of the anti-doping program?
There are two main goals of the anti-doping program: protecting the health of athletes and ensuring fairness in competition.
In the 1980s, Dr. Robert M. Goldman conducted a study in which he asked professional athletes: “Would you take a drug that guarantees phenomenal success in sports but would cause death within five years?” About half of the athletes responded that they would accept such a risk. However, more recent studies by Dr. James Connor and his colleagues showed a significantly lower percentage of agreement.
Thus, in our view, one of the most important goals of the anti-doping program is to educate and protect the health of athletes, alongside ensuring fair competition.
In today’s article, we will analyze the doping control procedure used in professional sports and highlight the key rights and responsibilities of athletes.
Types of Doping Control
Currently, there are two types of doping control based on the timing of sample collection: in-competition and out-of-competition.
The in-competition period begins at 11:59 p.m. on the day before the competition in which the athlete is scheduled to participate and continues until the end of the competition and the sample collection process.
Athlete’s Rights During the Sample Collection Procedure
To examine the credentials of the doping control officer (see the case of Sun Yang);
To receive additional information about the sample collection procedure;
To be informed about which organization is responsible for conducting the test, the type of sample to be collected, and the conditions that must be met prior to sample collection;
To drink water (if the provided sample does not meet the required specific gravity for analysis);
To be accompanied by a representative;
To request a delay in reporting to the doping control station for valid reasons;
To be informed of their rights and responsibilities;
To document any comments regarding the doping control procedure and receive copies of all signed documents related to the procedure (in accordance with the International Standard for Testing and Investigations).
Valid Reasons for Delaying Attendance at the Doping Control Procedure:
Searching for an identity document;
Searching for a translator or representative;
Participation in subsequent competitions;
Participation in an awards ceremony;
Fulfilling media obligations;
Receiving medical assistance.
Athlete’s Responsibilities:
Be available for sample collection at any time;
Be responsible for what they consume (see the case of Andrea Iannone) and for any medications they use (see the case of Therese Johaug);
Inform medical personnel about the need to avoid using prohibited substances and methods, and ensure that medical treatment does not violate anti-doping policies and regulations (see the case of Maria Sharapova);
Notify their National Anti-Doping Organization or international federation about decisions made by organizations that have not signed the Code, if the athlete has committed anti-doping rule violations within the past ten years;
Cooperate with anti-doping organizations in the investigation of violations;
Provide information about athlete support personnel upon request from any authorized anti-doping organization.
Right to B Sample Analysis
If the analysis of the A sample produces an adverse result, the athlete has the right to request the analysis of the B sample, as provided by the World Anti-Doping Code and international standards.
If the B sample does not confirm the result of the A sample analysis, the athlete who was provisionally suspended may be permitted to participate in subsequent competitions of the sporting event, if circumstances allow.
In team sports, if the team continues to participate, the athlete may also resume participation in the competition in accordance with the rules of the international federation.
Famous Doping Cases
Sun Yang Case
In September 2018, during a surprise doping test, Olympic champion Sun Yang was involved in an incident with anti-doping officials. He refused to provide a blood sample, claiming the testers did not have the proper documentation. During the conflict, his bodyguard smashed a container holding a previously collected blood sample with a hammer.
The International Swimming Federation initially cleared Sun of wrongdoing, but the World Anti-Doping Agency (WADA) appealed this decision to the Court of Arbitration for Sport (CAS). In 2020, CAS banned Sun Yang for 8 years for violating anti-doping rules. The decision was later reviewed due to a conflict of interest involving one of the arbitrators, and the suspension was reduced to 4 years and 3 months. This disqualified him from participating in the Tokyo Olympic Games.
Richard Gasquet Case
In 2009, French tennis player Richard Gasquet tested positive for cocaine during the Miami Open. The concentration of the substance was very low. Gasquet claimed he had unknowingly ingested the cocaine by kissing a woman in a nightclub who, he said, had used drugs.
The Anti-Doping Tribunal of the International Tennis Federation accepted his explanation. It was determined that the amount of cocaine in his system was too low to indicate intentional use. As a result, Gasquet received a suspension of only 2.5 months instead of the standard two years.
Maria Sharapova Case
In March 2016, tennis player Maria Sharapova announced she had tested positive for meldonium (a substance that enhances metabolism and endurance). Meldonium had been added to the prohibited list on January 1, 2016. Sharapova admitted to taking the drug for ten years for medical reasons but failed to check that it had become banned.
The International Tennis Federation acknowledged that the violation was not intentional, but initially suspended her for two years. The ban was later reduced to 15 months. Maria returned to professional tennis in 2017 after serving her suspension.
Therese Johaug Case
In 2016, Norwegian skier Therese Johaug tested positive for clomiphene — a substance banned by WADA. She stated that clomiphene entered her system through a lip cream given to her by the team doctor to treat sunburn. Johaug claimed she was unaware the cream contained a banned substance. The packaging indeed had a warning label, but she said she did not pay attention to it.
Norway’s anti-doping committee initially suspended her for 13 months. However, the Court of Arbitration for Sport increased the ban to 18 months, citing insufficient caution on the athlete’s part. As a result, she missed the 2017 World Championships and the 2018 PyeongChang Olympics.
Andrea Iannone Case
Italian motorcycle racer Andrea Iannone tested positive for the anabolic steroid drostanolone after the Malaysian MotoGP Grand Prix in November 2019. Iannone denied intentional use of the banned substance and claimed it could have entered his body through contaminated meat consumed in Asia.
The International Motorcycling Federation initially suspended him for 18 months, but following WADA's appeal, the Court of Arbitration for Sport in 2020 extended the ban to 4 years, deeming his explanation unconvincing. This effectively ended his MotoGP career. He returned to racing only in 2024, competing in the WorldSBK.
Please note: This information is adapted for the general public. If you need professional legal assistance, you can contact info@estconsulting.net.
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