CAS rules Valieva can compete - reactions/fallout, plus some details from the hearing

[Aussie Willy]

Really? Nassar abused hundreds of athletes while everyone in charge turned a blind eye. This hardly compares IMO.

I did not mean numbers. I meant in terms of the size of coverage of the issue and what it is means to a perception of the sport. And particularly abuse of athletes.

 

[MacMadame]

I did not mean numbers. I meant in terms of the size of coverage of the issue and what it is means to a perception of the sport. And particularly abuse of athletes.

I see it as more like 2002 SLC Pairs. Lots of coverage now but only us hard-core fans will care once the Olympics are over.

 

[Vagabond]

Really? Nassar abused hundreds of athletes while everyone in charge turned a blind eye. This hardly compares IMO.

Really? Tutberidze apparently coaches two or three hundred skaters at any given time.

At some point, it must have seemed that Nassar had abused only one athlete.

 

[Aussie Willy]

I see it as more like 2002 SLC Pairs. Lots of coverage now but only us hard-core fans will care once the Olympics are over.

It is that kid of scenario I agree. But it still doesn't not look good for Russian skating and the sport generally.

I hope the IOC finally bites the bullet and kicks Russia out of the Olympics altogether.

 

[Aussie Willy]

Really? Tutberidze apparently coaches two or three hundred skaters at any given time.

At some point, it must have seemed that Nassar had abused only one athlete.

Truth.

 

[allezfred]

Really? Nassar abused hundreds of athletes while everyone in charge turned a blind eye. This hardly compares IMO.


You mean like Dalilah Sappenfield? She may be persona non grata now but she also won coaching awards and was lionized.

Or the Karolyis innit.

 

[screech]

Bold of you to assume Kamila will compete again after all of this.

And even if she does, her career will always be marred by this. Any competition will have commentators including the anecdote about her Olympics doping scandal. She will never just be 'Kamila Valieva, incredibly talented figure skater,' there will always be that shadow over her.

 

[sap5]

Really? Nassar abused hundreds of athletes while everyone in charge turned a blind eye. This hardly compares IMO.


You mean like Dalilah Sappenfield? She may be persona non grata now but she also won coaching awards and was lionized.

That’s why I don’t want the focus to be Russia. That’s an issue, but the one I’m most concerned about is abuse by coaches, which is happening in every country, it seems.

 

[Vagabond]

There has been a lot of discussion on FSU about how the IOC is scared of Russia. I think it's the other way around. The IOC can go about its business without Russia, just as it did without China and South Africa way back when. Russia, on the other hand, needs the international seal of approval on its sports industrial complex, which the regime uses to help persuade its citizens that all is well in the country.

 

[MacMadame]

Really? Tutberidze apparently coaches two or three hundred skaters at any given time.

At some point, it must have seemed that Nassar had abused only one athlete.

When it turns out Eteri has abused thousands of kids over a 30 year period while TPTB covered it up over and over again, we can talk. The Nassar scandal was and is completely unprecedented. And hopefully will remain so. Because if something like that is going on in other sports, that would be horrifying.

There has been a lot of discussion on FSU about how the IOC is scared of Russia. I think it's the other way around. The IOC can go about its business without Russia, just as it did without China and South Africa way back when. Russia, on the other hand, needs the international seal of approval on its sports industrial complex, which the regime uses to help persuade its citizens that all is well in the country.

Then why do they bend over backward for them?

 

[layman]

I have been calling out Eteri's abuse of athletes for years. I have been laughed at, ridiculed, attacked, shouted down, dismissed and ignored. Why did it take a doping scandal to make people finally get angry and accept the truth about Eteri Tuberidze and her child abuse factory (a truth that Eteri never bothered to hide, a truth that was always in plain sight)?

No child and no athlete deserves to be abused (starved, doped, over-trained, ridiculed, humiliated, broken...). These children deserve a safe environment in which to train and grow where they are not subjected to these abuses. They need the sport (that they are participating in) to give a damn about their health and well-being.

 

[Sylvia]

Associated Press article Russian trio of skaters face uncertain futures after drama by James Ellingworth (Feb. 17):

‘I hate this sport!’: Rage, teen tears and Olympic collapse

Russia’s trio of teenage figure skating stars each enter an uncertain future after what may be the most dramatic night in their sport's history.

apnews.com

What happens next for Shcherbakova and her teammates-turned-rivals depends on many factors — the eventual doping verdict, any further punishment for Tutberidze and the rest of her entourage and the myriad of injuries which can plague young skaters performing quads.
As she tries to recover from a failure on the sport’s biggest stage, Valieva remains at the center of a confrontation between Russia and international institutions. About six hours before she took to the ice, Russian Olympic Committee president Stanislav Pozdnyakov said he would not give up the team event gold medal “under any circumstances, regardless of the results of the disciplinary investigation into the athlete.”
Just one of many unresolved questions for the three young Russian skaters.

Associated Press article Olympic skater’s entourage could face trouble under US law by Eddie Pells (Feb. 14):

Olympic skater's entourage could face trouble under US law

After Russian figure skater Kamila Valieva’s fate is determined at the Olympics, legal trouble for her coach and others in her orbit could emerge in the United States.

apnews.com

Legal troubles for the coach and others in Russian figure skater Kamila Valieva’s orbit could emerge in the United States even after her doping case from the Beijing Games has been resolved.
Anti-doping experts say the episode falls under the scope of a recently enacted U.S. law that criminalizes doping schemes in events involving American athletes. The law calls for fines of up to $1 million and prison sentences of up to 10 years for those who participate in doping programs that influence international sports.
“Doctors and coaches who give performance-enhancing drugs to athletes are directly liable” under the new law, said one of its authors, attorney Jim Walden. “They are at risk of jail, steep fines, and forfeiture. And I suspect the FBI is already hot on this trail.”

The Rodchenkov Act wasn’t designed to go after athletes. It targets coaches, doctors and other members of an athlete’s entourage who are accused of arranging doping programs in any event that involves U.S. athletes, sponsors or broadcasters.

But critics of WADA and the IOC argue the bill was passed because the international anti-doping system has proven it can’t police its own. They point to the sanctions handed to Russia over the past eight years as Exhibit A. Part of those sanctions resulted in years’ worth of suspensions and reforms for RUSADA, which is overseeing this case.
Critics contend the case involving Valieva might not have erupted had the country — whose athletes are competing in Beijing under the banner of “Russian Olympic Committee” due to the sanctions — been penalized appropriately.
“If I were a betting man, I’d say there’s a 95% chance that this is a good case for” the law, said Rob Koehler, the head of the advocacy group Global Athlete.

Though there are harsh penalties under the law, it’s hard to imagine U.S. authorities would ever get their hands on Russians if they were indicted. Still, an indictment would have an impact. It could curtail their ability to travel or coach outside of Russia, since the United States has extradition deals with dozens of countries across the globe.

 

[Sylvia]

THE CAS AD HOC DIVISION PUBLISHES THE ARBITRAL AWARD ISSUED IN THE ARBITRATION PROCEDURES RELATING TO FIGURE SKATER KAMILA VALIEVA (Feb. 17, 2022):

The CAS Ad hoc Division publishes the Arbitral Award issued in the arbitration procedures relating to figure skater Kamila Valieva

www.tas-cas.org

Full decision of CAS OG 22/08 IOC v. RUSADA / CAS OG 22/09 WADA v. RUSADA & Kamila Valieva / CAS OG 22/10 ISU v. RUSADA, Kamila Valieva & ROC (41 pages): https://www.tas-cas.org/fileadmin/user_upload/OG_22_08-09-10_Arbitral_Award__publication_.pdf

 

[Rafter]

There has been a lot of discussion on FSU about how the IOC is scared of Russia. I think it's the other way around. The IOC can go about its business without Russia, just as it did without China and South Africa way back when. Russia, on the other hand, needs the international seal of approval on its sports industrial complex, which the regime uses to help persuade its citizens that all is well in the country.

I get what you’re saying but then why is the IOC so afraid to ban Russia from Olympic Games even though Russia has a systemic doping problem. Participating under ROC or whatever is no deterrent to doping. They still get to be there and compete.

 

[Vagabond]

I get what you’re saying but then why is the IOC so afraid to ban Russia from Olympic Games even though Russia has a systemic doping problem.

Inertia is the path of least resistance.

 

[overedge]

Inertia is the path of least resistance.

Plus Russia is one of the few countries left that is still willing to host the Olympics.

 

[skatingguy]

Plus Russia is one of the few countries left that is still willing to host the Olympics.

I'm not sure that's true - the next few hosts are France, Italy, United States, and Australia with Japan, US, and Canada in consideration for Winter Olympics in 2030 & 2034. The new process for selecting host cities means that cities can approach the IOC, and work with them to develop a plan rather than the previous competitive bid process.

 

[Karen-W]

I'm not sure that's true - the next few hosts are France, Italy, United States, and Australia with Japan, US, and Canada in consideration for Winter Olympics in 2030 & 2034. The new process for selecting host cities means that cities can approach the IOC, and work with them to develop a plan rather than the previous competitive bid process.

Russia has been making noises about a 2036 Summer bid. Hopefully a western European city comes through - London maybe? Hell, I'd take Budapest over Moscow or St Petersburg at this rate.

 

[skatingguy]

Russia has been making noises about a 2036 Summer bid. Hopefully a western European city comes through - London maybe? Hell, I'd take Budapest over Moscow or St Petersburg at this rate.

I'd like to say that there's no way that happens, but I fully expect that Russia will be back at the next Olympics with anthem, and flag. The statute of limitations on the doping program will expire in late 2023, and there will be no reason to get the list of athletes involved from Russian sporting officials, and then the IOC will be able to lift the restrictions.

 

[Seerek]

I get what you’re saying but then why is the IOC so afraid to ban Russia from Olympic Games even though Russia has a systemic doping problem. Participating under ROC or whatever is no deterrent to doping. They still get to be there and compete.

I already know what the response would be:

"But what about Kenya? What about India? What about Turkey?"

For me, What's more disappointing than the IOC is the lack of firm action from the International Sport Federations themselves.

Only when a federation was threatened by the IOC for removal from the Olympic programme has anything been done (as was the case with Weightlifting in Tokyo, where ROC was restricted to just 1 qualified male and female athlete across all weight classes due to a history of violations).

 

[MacMadame]

This is why we aren't having a TE medal ceremony, IMO

About six hours before she took to the ice, Russian Olympic Committee president Stanislav Pozdnyakov said he would not give up the team event gold medal “under any circumstances, regardless of the results of the disciplinary investigation into the athlete.”

 

[Karen-W]

This is why we aren't having a TE medal ceremony, IMO

About six hours before she took to the ice, Russian Olympic Committee president Stanislav Pozdnyakov said he would not give up the team event gold medal “under any circumstances, regardless of the results of the disciplinary investigation into the athlete.”

I'm really torn. None of our US or Japanese athletes who didn't medal in their individual events are leaving Beijing with their medals because the ROC are just awful trash. I can see why the IOC doesn't want to go through with the ceremony. They'd never get those medals back if they gave them out now.

 

[Spikefan]

I'm really torn. None of our US or Japanese athletes who didn't medal in their individual events are leaving Beijing with their medals because the ROC are just awful trash. I can see why the IOC doesn't want to go through with the ceremony. They'd never get those medals back if they gave them out now.

Which is why they need to be banned.

 

[Rafter]

From other articles that have been linked here, the chance for their daughter to have a better life (especially for parents who are not financially well off) is what ultimately leads some parents to hand their girls over to Eteri. The parents are not heartless monsters who dump the child on the doorstep and drive away without a second thought.

Whether the parents knew about the doping or not, I'm sure they are having a horrible time this week as well. Let's lay off the criticism of their parenting.

Well I think the parents are fair game. It’s a parent’s responsibility to protect their child from abusive situations.

These parents are greedy. Using their children as a means to a better life ($$$), while overlooking abuse, doping, mental and emotional well-being, eating disorders etc. It’s rather pathetic.

 

[Meoima]

Alexandra Trusova stayed in the stadium and refused to leave with her team. According to these comments by volunteers at the Olympics, she refused food and drink, and was eventually dragged out around 3am by Eteri, who yelled at her. Poor girl.
Volunteer: “ that female coach ( blonde curly hair), was pulling her ( Alexandra) telling her to go in the bus, the coach yelled at her, then Alexandra yelled back something. I couldn’t understand what they said. Then the female coach dragged her on the bus, was a bit violent

https://twitter.com/buygrilledcorn/status/1494419955592351749?s=20&t=SJTFFuoSoQ9XnGQAitKl1w

It seems some Chinese volunteers reported this on Weibo (Chinese Twitter).

 

[overedge]

Well I think the parents are fair game. It’s a parent’s responsibility to protect their child from abusive situations.

These parents are greedy. Using their children as a means to a better life ($$$), while overlooking abuse, doping, mental and emotional well-being, eating disorders etc. It’s rather pathetic.

The parents may not know that the training system is abusive. They may have been told by the skating federation that this is the best coach in the country and it's an honor for her to want to coach your child. (which happens outside Russia as well.)

The parents may want a better life *for their child *. I don't know how you read my post and took it to mean that the parents were dreaming of $$$$ for themselves.

And Russia is a country where perceived enemies of the state can disappear or mysteriously die, even when they go to other countries. Eteri obviously has Putin's goodwill on her side. If the Russian fed (also in Putin's good books) comes to the parents and says "we would like your child to train with Eteri"......you connect the dots. Parents may not feel that they have much choice.

 

[LeafOnTheWind]

https://twitter.com/buygrilledcorn/status/1494419955592351749?s=20&t=SJTFFuoSoQ9XnGQAitKl1w

It seems some Chinese volunteers reported this on Weibo (Chinese Twitter).

This just keeps getting worse and worse. Can we ban Russia from the Olympics already?

 

[MacMadame]

I'm reading the CAS report and some things jumped out at me.

On her Doping Control Form, the Athlete disclosed that she was taking three substances, two of which were legible (l-carnitine and hypoxen).

What does that mean? I wonder what the 3rd was. Will we ever find out?

Also on 7 February 2022, based on the information contained in the relevant Test Report, the Doping Control Laboratory of the Karolinska University Hospital in Stockholm, Sweden, a WADA-accredited laboratory (the “Doping Control Laboratory”), issued an Adverse Analytical Finding (“AAF”) for the presence of “S4. Hormone and Metabolic Modulators/trimetazidine” in the Athlete’s Sample, which is a Non-Specified Substance. The AAF included the following details concerning the finding: “Neither lomerizine nor its metabolite M6 were detected in the Sample”. According to the Test Report, the Sample was received by the Doping Control Laboratory on 29 December 2021. It was explained that the delay in providing results sooner arose from the fact that the laboratory had personnel shortages as a result the COVID-19 pandemic.

So the explanation that she may have taken a migraine drug is off the table. They tested for that.

Also, the sample was received on Dec 29th which is a reasonable timeframe and does not suggest that RUSADA was engaging in monkey business with the sample.

A video recording was viewed during the hearing which was made by the Athlete`s grandfather according to the Athlete`s representative, showing the Athlete’s grandfather with a package of “Trimetazidine MV” in his car.

Trimetazidine MV is a "Modified release" version of the medicine. So it's not going to be on someone's hand or someone's spit IMO as it has a coating to make sure it doesn't all release at once.

The Athlete had to demonstrate on a “balance of probability” that the anti-doping rule violation more likely happened through contamination than not. However, since the Athlete is a minor below 16 years of age, she falls under the definition of a “Protected Person” according to the Russian ADR and the WADC, which means that, with regard to the upholding of a provisional suspension, a lower standard of evidence than a balance of probability is to be applied.

So that's their defense for lifting the suspension. She said it was contamination and, even though that's not likely, she doesn't have to meet the standard of someone 16+ and prove it's reasonably likely.

Moreover, the DADC also took into consideration that the Athlete’s legal representative disputed the positive results CAS OG 22/08-22/09-22/10 – Page 8 Tribunal Arbitral du Sport Court of Arbitration for Sport Tribunal Arbitral del Deporte of the Sample alleging that the concentration of 2.1 ng/ml, is well below the technical limit of detection of Trimetazidine, which is 10 ng/ml, and may be a technical mistake of the sample analysis in the laboratory and she confirmed at the hearing the intention to request the analysis of the “B” sample.

So it looks like their arguments are: she got it from her Grandfather by accident except the result was a mistake so she didn't take it at all even accidentally.

Btw, as far as has been reported, a request to analyze the B sample has not happened.

In addition, the DADC recalled that the provisional suspension is not a punitive measure (CAS 2017/A/4968); the imposition or lifting of a provisional suspension must follow the principles of justice and proportionality and leaving the suspension in place should not be “clearly unfair” (CAS 2017/A/4968). In this respect, the DADC considered that it would be “clearly unfair” to maintain the provisional suspension, taking into account the potential irreparable harm to the Athlete as a result of such measures: “The Athlete is one of the leaders in figure skating, therefore non-participation in the Winter Olympic Games in Beijing will be an irreparable harm for the Athlete, who is one of the main contenders for gold in the individual classification”.

So it's clearly unfair because they'd be taking away her opportunity to win Gold. This implies that someone who wasn't favored to medal would possibly still be suspended.

Finally, maintaining the provisional suspension would be disproportionate also based on the balance of interests of the stakeholders and does not prejudice the outcome of the hearing on the merits of the case.

What does that mean? I bet a lawyer would know.

This is just the declaration of facts. It doesn't include what happened in the CAS hearing and their decision. I will get to that later. Maybe.

 

[Kateri]

I'm reading the CAS report and some things jumped out at me.

On her Doping Control Form, the Athlete disclosed that she was taking three substances, two of which were legible (l-carnitine and hypoxen).

What does that mean? I wonder what the 3rd was. Will we ever find out?

Later in the document it says: "The Athlete declared the following three products on her Doping Control Form at the Doping Control: L-carnitine, supradyn and hypoxen4"

 

[Rafter]

The parents may not know that the training system is abusive. They may have been told by the skating federation that this is the best coach in the country and it's an honor for her to want to coach your child. (which happens outside Russia as well.)

The parents may want a better life *for their child *. I don't know how you read my post and took it to mean that the parents were dreaming of $$$$ for themselves.

I wasn’t saying YOU said they were dreaming of money for themselves. I am assuming this. That they are greedy and chasing fame and fortune for themselves and their daughter by IGNORING the abuse of the coaching environment.