Russian Figure Skater tests positive for drugs - delays ceremony for team medals

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Allskate

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Even if Russia skates by this time, I bet you the entire skating community outside of Russia knows what’s up and will be side-eyeing every skater coming out of Eteri’s camp while they continue to collect their medals.
Yep. Unfortunately, I think many skaters will feel like they have to give a "no comment" when asked about it out of fear that a Russian judge or technical specialist will penalize them.
 

Allskate

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I understand part of CAS's reasoning -- the delay in notifying her makes it difficult for her to marshal the resources to respond to the provisional suspension. But I have to wonder why that really is grounds for allowing her to compete. What would she need that she can't have obtained in the past week? I don't think that argument has allowed athletes to compete when they fail tests close to or at major events. This strikes me as setting a dangerous precedent.

I also do not agree that protected person status should affect a provisional suspension. The exceptions given to protected persons in the WADA rules for the degree of penalty and for disclosure are exceptions to the general rules governing those issues. That the rules do not provide an exception for protected persons in the provisional suspension provisions means WADA did not intend to provide an exception.

Beyond that, I think allowing her to skate now with the potential to strip her of the medal later undermines the sport. If that happens, Russia will still treat her as a medalist and, continuing its pattern of unrepentance, will claim she was wronged by WADA.

Let me add one other thought about the timing issue. WADA rules allow samples to be tested for up to 10 years after being taken. if they can screen the sample in five years and strip a medal, why would reporting results more than 20 days after the sample was received matter?

ITA. You are spot on. They really considered only the irreparable harm to Valieva. Any person who dopes just before the Olympics could claim that they didn't have enough time to defend themselves and gather evidence and therefore suspension would be unfair and they must be able to compete because of irreparable harm and unfairness to them. Plus, the CAS reasoning did not explain how delay in testing actually affects Valieva's likelihood of succeeding in proving that she didn't really take the drug. And, as you point out, there is nothing in the rules to indicate that her status as a protected person would entitle her not to be suspended. (That would be a horrific rule if youngsters were exempt from suspension for doping.) The reasoning also didn't discuss the harm to the other athletes, to the sport, and to the Olympics. It's a terrible result and explanation.
 

Karen-W

How long do we have to wait for GP assignments?
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Even if Russia skates by this time, I bet you the entire skating community outside of Russia knows what’s up and will be side-eyeing every skater coming out of Eteri’s camp while they continue to collect their medals.
I think Johnny is, for sure. He said as much while on the air with Mike Tirico - that it forces you to reevaluate everything you've thought up until that point. I really think that both Johnny and Tara spoke very well on the subject tonight.
 

Katha

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Yeah, the whole situation is just desperately sad tbh. It's like with the Karolyis, way too many people are way too eager to look away from a problem that seems to have systematic child abuse at its core. Because it produces results. The best thing would be to get all these athletes away from Tutberidze and start an investigation into that program from scratch. But nothing like that will ever happen, of course.
 

Mugs

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I understand part of CAS's reasoning -- the delay in notifying her makes it difficult for her to marshal the resources to respond to the provisional suspension. But I have to wonder why that really is grounds for allowing her to compete. What would she need that she can't have obtained in the past week? I don't think that argument has allowed athletes to compete when they fail tests close to or at major events. This strikes me as setting a dangerous precedent.
But didn't the delay in notifying KV allow her to be an Olympic participant in the first place?

I've watch figure skating for more years than I'll admit. I have watched and suffered through purposeful under scoring of skaters, the holding up of skaters, out-right cheating judges, block judging, secret judging. Years upon years of inaction by the ISU. I appreciate the efforts of the ISU and IOC to right this particular terrible wrong...but where does that leave us when the CAS hands down a rotten-to-the-core decision based on false reasoning?

This may be the end of figure skating for me. Why should I care about a sport that doesn't care enough about itself to root out the liars and cheaters?
 

Sylvia

TBD
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WADA statement says that RUSADA had not flagged Valieva's sample as a priority for testing to the Swedish lab.

The World Anti-Doping Agency (WADA) acknowledges the ruling announced today by the Court of Arbitration for Sport (CAS) to confirm the lifting of the provisional suspension of Russian Olympic Committee figure skater Kamila Valieva.

WADA’s appeal to CAS in this case, which was filed alongside appeals by the International Olympic Committee and the International Skating Union, was based on WADA’s position that the decision by the Russian Anti-Doping Agency (RUSADA) Disciplinary Committee to lift the mandatory provisional suspension on the athlete was not in line with the terms of the World Anti-Doping Code (Code). WADA is therefore disappointed by today’s ruling of the CAS Ad Hoc Division. While WADA has not received the reasoned award, it appears that the CAS panel decided not to apply the terms of the Code, which does not allow for specific exceptions to be made in relation to mandatory provisional suspensions for 'protected persons', including minors.

Concerning the analysis of the athlete's sample, WADA always expects Anti-Doping Organizations to liaise with the laboratories in order to ensure they expedite the analysis of samples so that the results are received prior to athletes traveling to or competing in a major event, such as the Olympic or Paralympic Games and, where applicable, conduct results management of the cases related to such athletes.

According to information received by WADA, the sample in this case was not flagged by RUSADA as being a priority sample when it was received by the anti-doping laboratory in Stockholm, Sweden. This meant the laboratory did not know to fast-track the analysis of this sample.

As previously announced, under the terms of the Code, when a minor is involved in an anti-doping case, there is a requirement to investigate that athlete’s support personnel. RUSADA has already indicated it has begun that process. In addition, WADA’s independent Intelligence and Investigations Department will look into it.
 

Sylvia

TBD
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"The Global Sport and Anti-Doping System Needs Immediate Reform" (Global Athlete statement on the Kamila Valieva ruling by CAS): https://twitter.com/GlobalAthleteHQ/status/1493125785930059777


Global Athlete is an international athlete-led movement that will inspire and lead positive change in world sport, and collectively address the balance of power between athletes and administrators. We aim to help athletes gain a more represented voice in world sport, recognising that the neglection and suppression of the athlete voice has gone on for too long.

We aim to bring sport into the twenty-first century by mobilizing athletes, following the unprecedented uprising in which athletes have called for enhanced rights and major changes to the way sport is run.

Whether it be athlete welfare, unlocking athletes’ marketing potential, ensuring athletes receive Olympic revenues or simply better representation at the decision-making table, Global Athlete will fearlessly tackle the issues that really matter, working with athletes to determine what needs to change and how to go about changing it.

Global Athlete is funded by FairSport.
 

VGThuy

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The World Anti-Doping Agency (WADA) acknowledges the ruling announced today by the Court of Arbitration for Sport (CAS) to confirm the lifting of the provisional suspension of Russian Olympic Committee figure skater Kamila Valieva.

WADA’s appeal to CAS in this case, which was filed alongside appeals by the International Olympic Committee and the International Skating Union, was based on WADA’s position that the decision by the Russian Anti-Doping Agency (RUSADA) Disciplinary Committee to lift the mandatory provisional suspension on the athlete was not in line with the terms of the World Anti-Doping Code (Code). WADA is therefore disappointed by today’s ruling of the CAS Ad Hoc Division. While WADA has not received the reasoned award, it appears that the CAS panel decided not to apply the terms of the Code, which does not allow for specific exceptions to be made in relation to mandatory provisional suspensions for 'protected persons', including minors.

Concerning the analysis of the athlete's sample, WADA always expects Anti-Doping Organizations to liaise with the laboratories in order to ensure they expedite the analysis of samples so that the results are received prior to athletes traveling to or competing in a major event, such as the Olympic or Paralympic Games and, where applicable, conduct results management of the cases related to such athletes.

According to information received by WADA, the sample in this case was not flagged by RUSADA as being a priority sample when it was received by the anti-doping laboratory in Stockholm, Sweden. This meant the laboratory did not know to fast-track the analysis of this sample.

As previously announced, under the terms of the Code, when a minor is involved in an anti-doping case, there is a requirement to investigate that athlete’s support personnel. RUSADA has already indicated it has begun that process. In addition, WADA’s independent Intelligence and Investigations Department will look into it.
WADA wrote the code and intentionally wrote it in a way to not allow exemptions or exceptions for minors when they are provisionally suspended, but CAS went ahead and pretended WADA left a loophole in its code. When something is usually silent in a code of laws, then the plain meaning usually applies and if they made no exceptions for protected persons, that’s what they meant to do. CAS pretended otherwise. What a joke.

WADA basically just stated outright CAS failed to apply the code and deliberately did so with the word “decided”. That’s pretty damning. And I see more anti-doping orgs are damning this decision. The CAS just made this situation even worse and the IOC is going to be dealing with it.
 
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taz'smum

'Be Kind' - every skater has their own story
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Too bad Tiff and Jon didn't medal this year so @taz'smum could tell us if they got their results on time! She said they usually got it in 2 max 3 weeks even during COVID-19.

Tiff and Jon were still subjected to the same testing as the other Olympic skaters as they were on the original potential Olympians list and the final lists for the Olympics were not submitted until after Euros.
Tiff's tests all came back in the usual timeframe, including a test in January.
Though they didn't have any tests at Nationals as they were not on the podium.
 

morqet

rising like a phoenix
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IOC statement:
1. Team Event medal ceremony will not be held in Beijing
2. If Valieva medals there will be no flower or medal ceremony
3. IOC is requesting ISU to allow 25 skaters to qualify for the free if Valieva is in the top 24.

Medal ceremonies will be organised once the full doping case is concluded.

I'm glad they are trying to make it slightly fairer to the other skaters, but it is such a shame about the TE medals, especially for Vincent. I suppose for the women they really don't want the optics of a full Eteri podium with all this mess going on.
 

Sylvia

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In the interest of fairness to all athletes and the NOCs concerned, it would not be appropriate to hold the medal ceremony for the figure skating team event during the Olympic Winter Games Beijing 2022 as it would include an athlete who on the one hand has a positive A-sample, but whose violation of the anti-doping rules has not yet been established on the other hand.
...
The IOC will, in consultation with the athletes and NOCs concerned, organise dignified medal ceremonies once the case of Ms Valieva has been concluded.
I'm :( for Teams USA & JPN... as well as if any other woman besides ROC happens to medal in Beijing.

ETA:
Full IOC statement:

The IOC has to follow the rule of law and will therefore have to allow her to compete in the Women’s Single Skating competition on Tuesday, 15 February 2022 and, if qualified, on 17 February 2022.

The CAS has clearly expressed that the decision taken by the Ad-hoc Division today is not a decision on whether Ms Valieva violated the anti-doping rules. It was limited to the sole question of whether Ms Valieva could be provisionally suspended from the Olympic competition following a positive A-sample taken on 25 December 2021.

The management of the case after this positive A-sample has not yet been concluded. Only after due process has been followed can it be established whether Ms Valieva infringed the World Anti-Doping Code (WADC) and would have to be sanctioned.

This inconclusive situation led the IOC EB to the following decisions, after having had initial consultations with the National Olympic Committees (NOCs) concerned:

1. In the interest of fairness to all athletes and the NOCs concerned, it would not be appropriate to hold the medal ceremony for the figure skating team event during the Olympic Winter Games Beijing 2022 as it would include an athlete who on the one hand has a positive A-sample, but whose violation of the anti-doping rules has not yet been established on the other hand.

2. Should Ms Valieva finish amongst the top three competitors in the Women’s Single Skating competition, no flower ceremony and no medal ceremony will take place during the Olympic Winter Games Beijing 2022.

3. The IOC requests the International Skating Union (ISU), for reasons of fairness, to allow a 25th competitor to participate in the free skating part of the competition on 17 February, in case Ms Valieva is ranked in the first 24 of the short programme on 15 February.

4. The IOC will, in consultation with the athletes and NOCs concerned, organise dignified medal ceremonies once the case of Ms Valieva has been concluded.
[/QUOTE]
 
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Orm Irian

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IOC statement:
1. Team Event medal ceremony will not be held in Beijing
2. If Valieva medals there will be no flower or medal ceremony
3. IOC is requesting ISU to allow 25 skaters to qualify for the free if Valieva is in the top 24.

Medal ceremonies will be organised once the full doping case is concluded.

I'm glad they are trying to make it slightly fairer to the other skaters, but it is such a shame about the TE medals, especially for Vincent. I suppose for the women they really don't want the optics of a full Eteri podium with all this mess going on.
I wholeheartedly approve of all of these things, but particularly #3.
 

Lilia A

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I figured. Sucks for the other teams though.

2. If Valieva medals there will be no flower or medal ceremony
Wow, really sucks for the other two medalists. I'm sorry, I don't care that she had one rough runthrough a few days ago, but there is no way she isn't medaling (or winning, most likely). At least the teams got the mascots and a victory lap.

3. IOC is requesting ISU to allow 25 skaters to qualify for the free if Valieva is in the top 24.
That's fair. I hope the ISU agrees.
 

VGThuy

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I feel bad for the clean athletes on the podium, who were robbed of the medal experience but I blame no one but RUSADA and CAS for that mess. Since the women will be an all-Eteri podium anyway, I don’t care. If a non-Eteri skater finds herself winning a medal, then I’ll feel sorry for her.
 
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Japanfan

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That it took me 3 entire Olympic cycles to figure out that the "master plan" all this time, was that the athlete designed to be "front and centre" always had to be born between March 1 and June 30 of "(Olympic Year) minus 16" 🤦🏾‍♂️.
I don't think so. That narrows down the possibilities far too much, especially given that Russian identifies talent and the right body type young.
 

Frau Muller

From Puerto Rico…With Love! Not LatinX!
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Copying out the text of CAS' media release: https://www.tas-cas.org/fileadmin/user_upload/CAS_Ad_Hoc_Media_Release_Beijing_8.pdf

MEDIA RELEASE
OLYMPIC WINTER GAMES BEIJING 2022 (8)
THE CAS AD HOC DIVISION DECLINES TO IMPOSE A PROVISIONAL
SUSPENSION ON THE RUSSIAN FIGURE SKATER KAMILA VALIEVA

Beijing, 14 February 2022 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has
issued its decision in the arbitration procedures relating to the Russian figure skater Kamila Valieva
(the Athlete): the applications filed by the International Olympic Committee (IOC), the World AntiDoping Agency (WADA) and the International Skating Union (ISU) have been dismissed.

……

Just woke up after some sleep, after the ice dance and…

WHOOP DEE DOO!!!!!!!

🎉 🇷🇺 🎉 🇷🇺 🎉 🇷🇺 🎉 🇷🇺 🎉 🇷🇺

OMG! OMG! OMG! OMG! OMG!

Da! OTLICHNA!

KAMILA IS IN!!!!


Wasn’t expecting this (ahum)
 

zoe111

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IOC statement:
1. Team Event medal ceremony will not be held in Beijing
2. If Valieva medals there will be no flower or medal ceremony
3. IOC is requesting ISU to allow 25 skaters to qualify for the free if Valieva is in the top 24.

Medal ceremonies will be organised once the full doping case is concluded.

I'm glad they are trying to make it slightly fairer to the other skaters, but it is such a shame about the TE medals, especially for Vincent. I suppose for the women they really don't want the optics of a full Eteri podium with all this mess going on.
i know it's not great for the other teams on the TE medals, but generally i agree with all of this. Valieva and her team need to know that the CAS decision is not (i hope) the end of the process. I'm actually generally appalled at the decision made to be honest. I mean, no one else had the benefit of 'it's unfair, bad timing, whatever'. As another poster mentioned somewhere, if they'd gotten this earlier, she likely wouldn't have been at the Olympics at all. This is a terrible decision for figure skating and the Olympics.
 

miffy

Bad Brit
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Wow. Will they give the other teams medals in private or let them leave with nothing?

Might Kamila now wish to withdraw - surely she doesn’t want to deprive the other ladies medallists of their ceremony? Or are Sasha and Anna particularly close friends with her so they wouldn’t mind? (I know it might not be these 3 on the podium but they were favourites before all this).
 
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