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

[VGThuy]

What a delay tactic. RUSADA and ROC has more time to conjure up some evidence to support their position.

 

[Sylvia]

Related or not?

Стало известно о нарушении при информировании Валиевой о допинг-пробе

Информирование российской фигуристки Камилы Валиевой о положительной допинг-пробе произошло с процессуальным нарушением, сообщил РИА Новости источник, знакомый... РИА Новости Спорт, 28.09.2023

rsport.ria.ru

MOSCOW, September 28 - RIA Novosti, Vlad Zhukov. Informing Russian figure skater Kamila Valieva about a positive doping test occurred with a procedural violation, a source familiar with the situation told RIA Novosti.
Valieva's doping test, taken during the Russian Championship in December 2021, gave a positive result for trimetazidine. This information became known after the team tournament at the 2022 Olympic Games in Beijing , where Valieva won a gold medal as part of the Russian team. She was able to compete in the individual tournament, where she finished fourth, but her case for a potential anti-doping rule violation is currently pending before the Court of Arbitration for Sport (CAS).
“Valieva did not receive notification of a positive doping test from WADA (World Anti-Doping Agency). The notification came first to the ISU (International Skating Union) and the IOC (International Olympic Committee), and only after that to (Valieva’s coach) Eteri Tutberidze. This is a procedural matter. violation," the source said.

 

[On My Own]

I just laughed tbh

 

[Debbie S]

Why do you think RUSADA knew what they were going to ask for before they asked for it?

By "they", I was referring to RUSADA. This seems like another delay tactic on their part.

 

[Karen-W]

Oh. My. God. They're going to get away with this due to a "procedural violation." Those dirty, rotten rats.

 

[On My Own]

Oh. My. God. They're going to get away with this due to a "procedural violation." Those dirty, rotten rats.

How do you even know they're being honest there lol

 

[Frau Muller]

What a delay tactic. RUSADA and ROC has more time to conjure up some evidence to support their position.

That’s what I thought! Schvetsky must be preparing documentation. ?

 

[her grace]

Related or not?

Стало известно о нарушении при информировании Валиевой о допинг-пробе

Информирование российской фигуристки Камилы Валиевой о положительной допинг-пробе произошло с процессуальным нарушением, сообщил РИА Новости источник, знакомый... РИА Новости Спорт, 28.09.2023

rsport.ria.ru

“Valieva did not receive notification of a positive doping test from WADA (World Anti-Doping Agency). The notification came first to the ISU (International Skating Union) and the IOC (International Olympic Committee), and only after that to (Valieva’s coach) Eteri Tutberidze. This is a procedural matter. violation," the source said.

Even if there was a procedural error, it didn't harm her in any way. In fact, she's the most unharmed skater-with-a-positive test ever in that she still got to compete the individual event.

 

[airgelaal]

MEDIA RELEASE
FIGURE SKATING
IN THE ARBITRATION PROCEEDINGS INVOLVING RUSADA, THE ISU,WADA AND KAMILA VALIEVA, THE CAS HEARING HAS BEEN ADJOURNED AND WILL RESUME ON 9-10 NOVEMBER 2023

It's good that they indicated the year...

 

[ChelleC]

How do you even know they're being honest there lol

I'd bet a million dollars they aren't being honest, and I don't bet on anything.

This is well beyond ridiculous.

 

[Debbie S]

I'm curious as to what the exact rules are regarding notification. Jessica Calalang said she received a letter in the mail. If snail mail is the required communication, I assume all the agencies have to do is show when it was mailed. If it didn't get there/delivery problem, it's likely not WADA's problem.

 

[Firedancer]

More ridiculous delays and excuses. I am so sick of Russia and international organizations failing to hold them accountable for anything.

 

[Karen-W]

How do you even know they're being honest there lol

Well, true enough, I just think they're going to find a way to slither their way through this on some dumb "procedural violation" because WADA sent the test results to the IOC/ISU first due to the fact that Valieva was competing in the Olympics. I really hope this is a matter of RUSADA's Disciplinary Commission trying to do its dirty one-day "suspension" and Valieva wasn't notified by them until after the IOC/ISU also was notified because, hello, it was the Olympics and they decided to hold up the medal ceremony once they found out.

 

[Rukia]

slow clap for this brilliant legal strategery

 

[VGThuy]

Procedural issues can be serious, but I don't know if this one would be serious enough to be used as an excuse to dismiss the case as ultimately, I have not read anything to suggest that Valieva and the Russian Fed.'s rights were substantively harmed if there was indeed that procedural issue cited. Further, this issue did not prevent her from asserting any defenses or comply with measures to add to her defense (like requesting that her B sample be tested as she was given more than adequate time to make such a request). She had not suffered any harm or disciplinary action from the positive test as of the date of the CAS hearing. Also, she was allowed to compete in the individual women's competiution and is currently officially ranked in the standings for that competition.

I bet WADA has some argument as to why some sporting bodies were notified due to the timing of the positive test and the emergent circumstances given Valieva's test result did not only affect her but many other athletes outside of Russia, whose rights must also be considered.

 

[Winnipeg]

This whole thing makes a mockery of the Oly rules against doping IMHO

 

[kwanfan1818]

By "they", I was referring to RUSADA. This seems like another delay tactic on their part.

The panel asked for more documentation after whatever was discussed and presented in the meetings.

1. The release said "the parties" and doesn't specify which parties.

2. How would any of "the parties" know ahead of time what additional documentation the panel would ask for and give "the parties" time to procure?

 

[Sylvia]

"Doesn’t every athlete who ever tested positive for drugs wish they had the power that Team Kamila has!" --Meagan Duhamel on Twitter/X an hour ago

 

[On My Own]

"Doesn’t every athlete who ever tested positive for drugs wish they had the power that Team Kamila has!" --Meagan Duhamel on Twitter/X an hour ago

I'm sure they do tbh

 

[VGThuy]

The panel asked for more documentation after whatever was discussed and presented in the meetings.

1. The release said "the parties" and doesn't specify which parties.

2. How would any of "the parties" know ahead of time what additional documentation the panel would ask for and give "the parties" time to procure?

I was hesitant to just prescribe this to RUSADA and/or Valieva's team but just given the circumstances, that news piece, and the fact that WADA and the ISU were gung-ho about having this CAS hearing and had been ready since last year but were waiting for RUSADA to have their own hearing (where they delayed in making a decision by November 2022 as they were supposed to and finally did so in January 2023), and were the petitoners/appellants of this case, I would bet that any delays due to needing more documentation to be reviewed did not come from that side.

I bet RUSADA/Valieva brought up this new procedural violation defense at this hearing but did not have any documentation ready nor did they give WADA and the ISU time to prepare for that argument and present their own evidence to counter (or WADA and the ISU did have evidence and RUSADA/Valieva was like "But there's more evidence...we don't have it here though....")

But who knows? I'm not totally married to this position, but I just think my intuition is leading me this way.

On the bright side, with this adjournment, Valieva is losing more grounds to raise an appeal subsequent to this panel's decision that her due process rights are were violated. If anything, this adjournment is showing that CAS is being flexible with her and giving her ample opportunity to raise and show her defenses.

Any more tactics, I would start looking into if there's still time for the American, Canadian, and Japanese athletes (and all the other athletes in the team event who didn't and would not medal but deserve a higher standing in the team competition) to explore the possibility to filing their own suits.

This reminds of Judge Judy where a plaintiff or a defendant in a counterclaim says they have text messages showing that the other party made representations to them showing they are liable for their losses, and Judge Judy asks to see the texts, and that party is like "Uh... I just switched phones, I don't have them on me." Except, in this case, it's fantasy land where Judge Judy allowed an adjournment for them to come back and present the text messages even though they already had the hearing date scheduled well ahead of time and knew this was the day to present all the evidence or lose out.

 

[Lanie]

Considering in any other sport, the rules would have been upheld, and Russia would’ve had their team OGM taken away for the doping, I think it is pretty obvious with the conclusion here is going to end up being. Kamila will never be banned or it’s retroactive from December 2021, and Russia will keep their gold medal. I’ll be shocked if justice is served.

 

[On My Own]

The panel asked for more documentation after whatever was discussed and presented in the meetings.

1. The release said "the parties" and doesn't specify which parties.

2. How would any of "the parties" know ahead of time what additional documentation the panel would ask for and give "the parties" time to procure?

Aint no party like an anti-doping commission party

 

[kwanfan1818]

The damage at the Olympics was huge when the emergency, on-premises panel, determined that part of WADA's rules that explicitly applied to one section of the code applied to the other. Because. It should have been settled in Beijing.

 

[On My Own]

This reminds of Judge Judy where a plaintiff or a defendant in a counterclaim says they have text messages showing that the other party made representations to them showing they are liable for their losses, and Judge Judy asks to see the texts, and that party is like "Uh... I just switched phones, I don't have them on me." Except, in this case, it's fantasy land where Judge Judy allowed an adjournment for them to come back and present the text messages even though they already had the hearing date scheduled well ahead of time and knew this was the day to present all the evidence or lose out.

For some reason I thought Judge Judy was a comedy show, but apparently it is an "American arbitration-based reality court show". I bet American RTV will make millions if they broadcast this case like some 24x7 Big Brother live stream.

 

[MacMadame]

The panel asked for more documentation after whatever was discussed and presented in the meetings.

1. The release said "the parties" and doesn't specify which parties.

2. How would any of "the parties" know ahead of time what additional documentation the panel would ask for and give "the parties" time to procure?

Doesn't this depend on what the documentation is that is being requested? It could be something that any competent lawyer would have anticipated. Or it could be something no one could have anticipated.

I wonder if we'll ever find out.

 

[Karen-W]

Doesn't this depend on what the documentation is that is being requested? It could be something that any competent lawyer would have anticipated. Or it could be something no one could have anticipated.

I wonder if we'll ever find out.

Oh, the Russian press will make sure we find out. After all, they're the ones who revealed Valieva's identity in the first place.

 

[Firedancer]

US Figure Skating statement:

https://x.com/usfigureskating/status/1707445040484909185?s=46&t=t-qfJxDjad9-j4B-GsMqGg

 

[Sylvia]

Brennan's article:

Olympic skater's doping hearing adjourned in shocking move; more delays ahead

A decision on skater Kamila Valieva’s guilt or innocence was to have been expected within two to three months. That timeline has now been pushed back.

www.usatoday.com

U.S. Figure Skating CEO Tracy Marek said in a statement to USA TODAY Sports Thursday that the organization “is profoundly disheartened by the news of a delay in the CAS hearing.
“While we recognize the inherent complexities and time requirements of legal processes, the nearly 600-day wait without a resolution is undeniably another painful setback for our dedicated athletes. We emphasize the importance of transparency in this matter, as it greatly impacts our athletes.”

The World Anti-Doping Agency has asked CAS to suspend Valieva for four years and disqualify her Olympic results.
“Due to the confidential nature of the proceedings, WADA is not permitted to comment further on the adjournment announced by the Court of Arbitration for Sport earlier today,” spokesman James Fitzgerald said. “However, as it has done at all stages, it will continue to push for a resolution of these proceedings as quickly as possible.
“WADA took this appeal to CAS in the interests of fairness for athletes and clean sport. Our position in this case has not changed. We maintain that the finding by the disciplinary tribunal of RUSADA that the athlete bore 'no fault or negligence' was wrong under the terms of the World Anti-Doping Code. In accordance with the applicable rules, we continue to seek a four-year period of ineligibility and disqualification of the athlete’s results from the date of the sample collection, including her results during the 2022 Olympic Games in Beijing.”

 

[ignosk8er]

It’s incredibly difficult to be a fan of this sport. Which is why I only pop in a few times a year to see what’s up. My heart breaks - once again - for the athletes ? Eventually, I won't have a heart left to break.

 

[SkateGuard]

Absolutely heartbreaking and infuriating at the same time.

If the powers that be are going to let this gong show rage on, I think it's high time that people start putting some pressure on the ISU to make a public example by stripping that Coach of the Year Award they gave out a few years back.