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

[Lanie]

Of course.

They will never punish Russia.

I like Kamila, I feel so awful for her. She is a child being used and abused.

But this is cheating. We know the OGM in the team event doped. Everyone knows it.

Now the IOC and ISU say that doping and abusing kids is fine.

Edit: @allezfred reminded me it's CAS not IOC and ISU but still I'm pissed

 

[VGThuy]

Her age played a huge factor in this decision and the timing of the sample. Doping children is ok!

 

[Gris]

Here comes another incentive to dope kids, I guess.

The decision is b*llocks.

 

[Allskate]

Her age played a huge factor in this decision and the timing of the sample. Doping children is ok!

That's part of what makes it so bad. They specifically give her age and the delay as reasons to let her compete rather than reasons not to let her compete.

I hope the ISU institutes a rule not allowing anyone under the age of 16 compete. Same for the IOC.

 

[Orm Irian]

Ugh.

https://twitter.com/rockerskating/status/1493101040555761668?cxt=HHwWiIC9gYrfx7gpAAAA

Mmm.

I see they didn't bother applying those principles of "fairness, proportionality, irreparable harm, and the relative balance of interests" to any other skaters in the competition at the same time, then.

I hope the country represented by the woman who finishes in 25th place sues the living daylights out of CAS, given we all know Valieva could fall four times on three jumping passes and she'd still end up in the FS somehow.

 

[wickedwitch]

That's part of what makes it so bad. They specifically give her age and the delay as reasons to let her compete rather than reasons not to let her compete.

I hope the ISU institutes a rule not allowing anyone under the age of 16 compete. Same for the IOC.

As a poster posted earlier, I think the ISU raising its age limit is now 100% going to happen.

 

[becca]

That's part of what makes it so bad. They specifically give her age and the delay as reasons to let her compete rather than reasons not to let her compete.

I hope the ISU institutes a rule not allowing anyone under the age of 16 compete. Same for the IOC.

Well I am not sure the delay is Russia’s fault. In fairness if she failed the test she was easily replaceable that’s the one area I do find it extremely questionable

 

[aka_gerbil]

Well I am not sure the delay is Russia’s fault. In fairness if she failed the test she was easily replaceable that’s the one area I do find it extremely questionable

That’s what I’ve struggled with too. They have a whole stable of skaters back home. I don’t think they care who specifically wins.

I hope the investigation does continue so that maybe exactly what happened can be figured out.

 

[becca]

That’s what I’ve struggled with too. They have a whole stable of skaters back home. I don’t think they care who specifically wins.

I hope the investigation does continue so that maybe exactly what happened can be figured out.

Yes it would be in their best interest to use someome else in the team event. That’s the one area I will give Russia

 

[Allskate]

In fairness if she failed the test she was easily replaceable that’s the one area I do find it extremely questionable

That’s what I’ve struggled with too. They have a whole stable of skaters back home. I don’t think they care who specifically wins.

I think the odds that Valieva was the only one doped are slim. She was the one they caught. And, again, I don't think the delay should be relevant. The positive test should be the deciding factor.

In addition, IMO, the fact that someone did not test positive during the games should not be a reason for allowing a "protected person" to compete any more than it should be a factor for older athletes when the substance is banned both in and out of competition.

Russia got a slap on the wrist before. This seems worse.

 

[becca]

I think the odds that Valieva was the only one doped are slim. She was the one they caught. And, again, I don't think the delay should be relevant. The positive test should be the deciding factor.

In addition, IMO, the fact that someone did not test positive during the games should not be a reason for allowing a "protected person" to compete any more than it should be a factor for older athletes when the substance is banned both in and out of competition.

Russia got a slap on the wrist before. This seems worse.

Liza may be clean

 

[Debbie S]

So are they going to hold the TE medal ceremony now, since it seems pretty clear no one wants to hold Eteri/doctor/Russia accountable?

And yes, the ISU needs to approve the age limit.

 

[VGThuy]

So are they going to hold the TE medal ceremony now, since it seems pretty clear no one wants to hold Eteri/doctor/Russia accountable?

And yes, the ISU needs to approve the age limit.

They better hold it. Denying Valieva a chance to collect her gold medal for the team event will cause her irreparable harm!

 

[briancoogaert]

Isn't there any rules in sport ? Again, Figure Skating will be in the center of a scandal at the Olympics. So sad

 

[Allskate]

They better hold it. Denying Valieva a chance to collect her gold medal for the team event will cause her irreparable harm!

Heh.

But, as I know you are aware, they are not holding the team ceremony this week.

 

[Cachoo]

Well the ladies event is tainted not by Kamila but by the people around her. Maybe each athlete should take the hair test from now on.

 

[MacMadame]

Her age played a huge factor in this decision and the timing of the sample. Doping children is ok!

This now gives a motive for Russia to have delayed sending her test to the lab in Sweden.

But, as I know you are aware, they are not holding the team ceremony this week.

Was that announced anywhere?

 

[reckless]

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?

 

[becca]

This now gives a motive for Russia to have delayed sending her test to the lab in Sweden.


Was that announced anywhere?

I don’t thinking the Russians would risk team gold

 

[Ananas Astra]

So what about the TE medals now?

 

[Aaron W]

I guess her coaches might as well just dope her up right now before the short program since apparently she's too young to face ramifications as a "protected person."

 

[Sylvia]

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.

The three Applicants had challenged the decision issued by the RUSADA Disciplinary Anti-Doping
Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension
imposed on Kamila Valieva following the detection of the banned substance trimetazidine in a sample
provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games
Beijing 2022.

The applications were received at the CAS Ad Hoc Division in Beijing on Friday, 11 February 2022,
and on Saturday, 12 February 2022 (Beijing time).
The three procedures:
CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA)
CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA)
and Kamila Valieva
CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA),
Kamila Valieva and Russian Olympic Committee (ROC)
were handled together and were referred to the same panel of arbitrators:
President: Mr Fabio Iudica, Italy
Arbitrators: Mr Jeffrey Benz, United States of America
Dr Vesna Bergant Rakočeviċ, Slovenia

A hearing was conducted by video-conference from the temporary CAS offices in Beijing, from
8:34pm on 13 February 2022 to 2:10am on 14 February 2022.

The CAS Panel has given the following reasons for its decision:

1) It has affirmed the jurisdiction of the CAS Ad Hoc Division in this matter and has overruled
the preliminary objections raised by the Athlete and the ROC in this regard;
Tribunal Arbitral du Sport Court of Arbitration for Sport

2) On the basis of the very limited facts of this case, and after consideration of the relevant legal
issues, it has determined that no provisional suspension should be imposed on the Athlete due
to the following exceptional circumstances:
a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional
suspension imposed on protected persons, while these rules have specific provisions for
different standards of evidence and for lower sanctions in the case of protected persons;
c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm,
and the relative balance of interests as between the Applicants and the Athlete, who did not
test positive during the Olympic Games in Beijing and is still subject to a disciplinary
procedure on the merits following the positive anti-doping test undertaken in December
2021; in particular, the Panel considered that preventing the Athlete from competing at the
Olympic Games would cause her irreparable harm in these circumstances;
d) The CAS Panel also emphasized that there were serious issues of untimely notification of
the results of the Athlete’s anti-doping test that was performed in December 2021 which
impinged upon the Athlete’s ability to establish certain legal requirements for her benefit,
while such late notification was not her fault, in the middle of the Olympic Winter Games
Beijing 2022.

3) In conclusion, the Panel determined that permitting the provisional suspension to remain lifted
was appropriate.

The CAS Ad hoc Division was requested to determine the narrow issue as to whether a provisional
suspension should be imposed on the athlete. It was not requested to rule on the merits of this case,
nor to examine the legal consequences relating to the results of the team event in figure skating, as
such issues will be examined in other proceedings.

 

[Amantide]

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?

I don't think it matters for her but for TE medal.

 

[Allskate]

Was that announced anywhere?

IOC spokesperson reportedly said so.

Brennan has reported on it.

S&K were just asked at the press conference about the fact that they would not get their team event medals in Beijing, and they had no comment other than a "Go Kamila" from K.

NBC about to discuss this. Neither Johnny nor Tara look happy about that.

 

[reckless]

I don't get the irreparable harm argument. If an athlete tests positive at the Olympics, they are suspended. They don't get a stay of the suspension until they can raise a defense. CAS created an exception to that rule that doesn't exist for other athletes. The track athlete in this article tested positive at the 2020 Olympics and his provisional suspension prevented him from running qualifying heats. https://www.espn.com/olympics/story...ieno-odhiambo-tests-positive-banned-substance

 

[Amantide]

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.

The three Applicants had challenged the decision issued by the RUSADA Disciplinary Anti-Doping
Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension
imposed on Kamila Valieva following the detection of the banned substance trimetazidine in a sample
provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games
Beijing 2022.

The applications were received at the CAS Ad Hoc Division in Beijing on Friday, 11 February 2022,
and on Saturday, 12 February 2022 (Beijing time).
The three procedures:
CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA)
CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA)
and Kamila Valieva
CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA),
Kamila Valieva and Russian Olympic Committee (ROC)
were handled together and were referred to the same panel of arbitrators:
President: Mr Fabio Iudica, Italy
Arbitrators: Mr Jeffrey Benz, United States of America
Dr Vesna Bergant Rakočeviċ, Slovenia

A hearing was conducted by video-conference from the temporary CAS offices in Beijing, from
8:34pm on 13 February 2022 to 2:10am on 14 February 2022.

The CAS Panel has given the following reasons for its decision:

1) It has affirmed the jurisdiction of the CAS Ad Hoc Division in this matter and has overruled
the preliminary objections raised by the Athlete and the ROC in this regard;
Tribunal Arbitral du Sport Court of Arbitration for Sport

2) On the basis of the very limited facts of this case, and after consideration of the relevant legal
issues, it has determined that no provisional suspension should be imposed on the Athlete due
to the following exceptional circumstances:
a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional
suspension imposed on protected persons, while these rules have specific provisions for
different standards of evidence and for lower sanctions in the case of protected persons;
c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm,
and the relative balance of interests as between the Applicants and the Athlete, who did not
test positive during the Olympic Games in Beijing and is still subject to a disciplinary
procedure on the merits following the positive anti-doping test undertaken in December
2021; in particular, the Panel considered that preventing the Athlete from competing at the
Olympic Games would cause her irreparable harm in these circumstances;
d) The CAS Panel also emphasized that there were serious issues of untimely notification of
the results of the Athlete’s anti-doping test that was performed in December 2021 which
impinged upon the Athlete’s ability to establish certain legal requirements for her benefit,
while such late notification was not her fault, in the middle of the Olympic Winter Games
Beijing 2022.

3) In conclusion, the Panel determined that permitting the provisional suspension to remain lifted
was appropriate.

The CAS Ad hoc Division was requested to determine the narrow issue as to whether a provisional
suspension should be imposed on the athlete. It was not requested to rule on the merits of this case,
nor to examine the legal consequences relating to the results of the team event in figure skating, as
such issues will be examined in other proceedings.

If I get this right the main thing here is the timing. Because it was not her fault and it doesn't give her time to defend herself. Therefore, suspending her, the irreparable damage is greater. Did I get this right?

 

[Sylvia]

“Why Kamila Valieva (A Russian Athlete Who Consumed a Serious Doping Substance) Should Be Allowed to Compete in the Olympic Figure Skating Competition on Tuesday” - opinion piece by Bill Bock, former General Counsel at the U.S. Anti-Doping Agency, published before the CAS decision came out:

Bock: Why Kamila Valieva (A Russian Athlete Who Consumed a Serious Doping Substance) Should Be Allowed to Compete in the Olympic Figure Skating Competition on Tuesday

February 13, 2022 – A fraught first week at the Beijing Olympic Games has seen headlines diverted from amazing athletic …

kgrlaw.com

 

[VGThuy]

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?

I totally agree!

 

[Amantide]

“Why Kamila Valieva (A Russian Athlete Who Consumed a Serious Doping Substance) Should Be Allowed to Compete in the Olympic Figure Skating Competition on Tuesday” - opinion piece by Bill Bock, former General Counsel at the U.S. Anti-Doping Agency, published before the CAS decision came out:

Bock: Why Kamila Valieva (A Russian Athlete Who Consumed a Serious Doping Substance) Should Be Allowed to Compete in the Olympic Figure Skating Competition on Tuesday

February 13, 2022 – A fraught first week at the Beijing Olympic Games has seen headlines diverted from amazing athletic …

kgrlaw.com

I can't open this link. It says impossible to reach the site.
Anyone having the same problem?

 

[Allskate]

Tara and Johnny just on NBC with Mike.

Tara strongly disagrees with this decision. She talks about how hard it is to be 15, but clean sport is what matters and fairly.

Johnny condemns this decision "with every ounce of his soul." It doesn't matter about how old you are and whether there is a delay. Also says that it's a slap in the face to all clean Olympians. I think it must be very hard for him.

Mike asks Tara and Johnny about being teenagers and what they know about banned substances. Tara says she definitely knew and that she and her mother were incredibly careful about what she consumed and would check on what medications to take.

They began testing at 11 and 13 respectively.

Mike asks if TMZ helps to do a quad.

Tara says that you don't need it to do a quad, but if you can train more by using TMZ then you are more likely to be able to do the quads.

Johnny emphasizes that it doesn't matter if it helped K because it is banned.

Johnny talks about his visit to Russia and Eteri. Johnny says he has no way of knowing about doping because they wouldn't have shown him, but ROC is ROC for a reason.

Johnny and Tara also notes that this is bad for the sport because what parents want to put their kids in a sport that isn't fair.

Tara again emphasizes that age should not be a reason for decision.

And USOC not happy.